HomeMy WebLinkAbout12/04/2013
Meeting Location: Municipal Center
City of
7100 147th Street West
Apple Valley, Minnesota 55124
DECEMBER 4, 2013
PLANNING COMMISSION TENTATIVE AGENDA
7:00 P.M.
This agenda is subject to change by deletion or addition to items until approved by the Planning
Commission on the date of the meeting.
1. CALL TO ORDER
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES OF NOVEMBER 6, 2013
4. CONSENT ITEMS
--NONE--
5. PUBLIC HEARINGS
A.
Public hearing to consider amendments
governmental administrative offices,
(PC13-40-CB)
maintenance facility buildings and accessory storage buildings.
LOCATION: City Wide
PETITIONER: City of Apple Valley
6. LAND USE/ACTION ITEMS
A. Sign Ordinance Amendment
Consideration of an amendment to Chapter 154 of City Code
of Ordinances (Signs) to allow for electronic message signs on ground/pylon signs
(PC13-41-O)
LOCATION: Citywide
PETITIONER: Uponor North America
7. OTHER BUSINESS
A. Approve 2014 Planning Commission Calendar
B. Review of upcoming schedule and other updates.
8. ADJOURNMENT
NEXT PLANNING COMMISSION MEETINGS
Wednesday, December 18, 2013
Regular Scheduled Meeting 7:00 P.M.
-Public hearing applications due by 9:00 a.m. on Wednesday, November 20, 2013
-Site plan, variance applications due by 9:00 a.m. on Monday, December 9, 2013
Wednesday, January 15, 2013
Regular Scheduled Meeting 7:00 P.M.
-Public hearing applications due by 9:00 a.m. on Wednesday, November 20, 2013
-Site plan, variance applications due by 9:00 a.m. on Monday, January 6, 2013
NEXT CITY COUNCIL MEETINGS
Thursday, December 12, 2013
Informal 5:30 P.M.
Regular Scheduled Meeting 7:00 P.M.
Thursday, December 26, 2013
Regular Scheduled Meeting 7:00 P.M.
Regular meetings are broadcast live on Charter Communications Cable, Channel 16. Agendas are also
available on the City's Internet Web Site http://www.cityofapplevalley.org.
1. CALL TO 0
ER
The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at
7:00 p.m.
Members Present: Tom Melander, Ken Alwin, Tim Burke, Paul Scanlan, David Schindler and Brian
Wasserman.
Members Absent: Keith Diekmann
Staff Present: City Attorney Sharon Hills, City Planner Tom Lovelace, Planner Kathy Bodmer,
Planner Margaret Dykes, City Engineer Colin Manson and Department Assistant Joan Murphy.
2. APPROVAL OF AGENDA
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
NOVEMBER 6, 2013
Chair Melander asked if there were any changes to the agenda. Hearing none he called for a
motion.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the
agenda. Ayes - 6 - Nays - 0.
3. APPROVAL OF MINUTES SEPTEMBER 18, 2013.
Chair Melander asked if there were any changes to the minutes. Hearing none he called for a
motion.
MOTION: Commissioner Alwin moved, seconded by Commissioner Burke, approving the
minutes of the meeting of September 18, 2013. Ayes - 6 - Nays - 0.
4. CONSENT ITEMS
--NONE-
5. PUBLIC HEARINGS
A. Fiesta Mexican Restaurant — Public hearing to consider conditional use permit to allow for
on-sale liquor at Fiesta Mexican Cuisine Restaurant. (PC13-42-C)
LOCATION: 14871 Granada Ave.
PETITIONER: MANA Restaurants, LLC
Chair Melander opened the public hearing at 7:02 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2013
Page 2 of 9
Planner Margaret Dykes stated the request was for a conditional use permit for on-sale liquor at
Fiesta Mexican Cuisine Restaurant, 14871 Granada Avenue. The subject site is located in an "RB"
(Retail Business) zoning district, which allows on-sale liquor with restaurant facilities.
She said the recently opened restaurant is considered a traditional Class I restaurant. The 5,634 sq.
ft. restaurant is located in Granada Shopping Center, and would have a total of 200 seats as shown
on the submitted floor plan. The Code requires 1 parking space for each 2.5 seats in a Class I
restaurant. The floor plan shows 200 seats (168 in dining room and 32 in bar). Based on the 200
seats shown on the submitted plans, a total of 80 parking spaces are required for the restaurant, and
98 spaces are required for the remaining retail tenants (176 total). There are 142 parking spaces in
the Granada Center lot. Though there is shortage of parking spaces, there is an approved shared
parking plan for Granada Shopping Center that allows the shortage to occur. This is because the
types of users in the Center stagger their parking needs. The City had not received any complaints
about parking shortages on the site.
Discussion followed.
Jorge Montano, Fiesta Mexican Cuisine Restaurant, introduced himself and said he was looking
forward to being a part of Apple Valley.
Chair Melander closed the public hearing at 7:07 p.m.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, recommending
approval of a Conditional Use Permit for on-sale liquor in conjunction with a Class I
restaurant to be located on Lot 2, Block 1, Valley Commercial Park 1st Addition as
shown on the floor plans received in City offices on October 21, 2013, subject all
applicable City codes and standards, and the following conditions:
1. There shall be no more than 200 total seats for patrons in the restaurant to comply
with City Code Section 155.379 (Minimum Required Parking Spaces).
Ayes - 6 - Nays - 0.
B. Appliance Smart Conditional Use Permit and Building Addition — Public hearing to
consider conditional use permit to allow for on-sale liquor in conjunction with a Class I
restaurant and site plan/building permit authorization to allow for a 6,364 sq. ft. restaurant
addition to the Appliance Smart building. (PC13-40-CB)
LOCATION: 7370 153rd Street West
PETITIONER: 7370, LLC
Chair Melander opened the public hearing at 7:08 p.m.
City Planner Tom Lovelace stated the applicant is requesting approval of conditional use permit for
on-sale liquor in conjunction with a restaurant and site plan/building permit authorization to allow
for construction of a 6,364-sq. ft. addition to an existing 49,100 sq. ft. retail building located at 7370
153rd Street West. The proposed addition would be the location of a Class I restaurant and would
include a 1,400 sq. ft. outdoor patio area.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2013
Page 3 of 9
He reviewed minimum parking needs for the existing and proposed uses, access to receiving docks
and path of delivery vehicles. A cross access and parking easement between the subject property
and the lot directly to the east, may address any concern regarding parking adequacy. The parking
demands and peak parking times for the three uses would vary, which may offset the small parking
space deficiency.
Sidewalk connections were reviewed and bicycle parking would need to be provided with the
installation of a bicycle rack in front of the restaurant. For security purposes, the applicant should
submit a lighting plan that would ensure adequate lighting in the rear parking areas prior to issuance
of a building permit. He stated the structure should be architecturally compatible with the building.
He added the proposed addition would be constructed over an existing storm sewer line, which
would limit access to that line for maintenance or replacement purposes. The lines would need to
be relocated prior to issuance of a building permit to the satisfaction of the City.
Discussion followed.
Tim Mclaughlin, working with Grootwassink Real Estate and representing the Appliance Smart
building and the addition, provided elevation drawings and additional information.
Chair Melander closed the public hearing at 7:33 p.m.
MOTION: Commissioner Alwin moved, seconded by Commissioner Burke, recommending
approval of a Conditional Use Permit to allow for on-sale liquor in conjunction with
a Class I restaurant, subject to the following conditions:
• The conditional use permit shall apply to property legally described as Lot 2,
Block 1, APPLE VALLEY RETAIL 2ND ADDITION.
• Such operations shall be conducted in conformance with the site plan dated
August 14, 2013.
• The conditional use permit shall apply to a Class I restaurant on the legally
described property and such operations shall be conducted in conformance with
the floor plan dated August 26, 2013.
Ayes - 6 - Nays — 0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending
approval of the site plan/building permit authorization to allow for construction of a
6,364 sq. ft. building addition to the existing building on Lot 2, Block 1, APPLE
VALLEY RETAIL 2ND ADDITION, subject to the following conditions:
• Construction shall occur in conformance with the site plan dated August 14,
2013, subject to the removal of the eight (8) parking spaces adjacent to the shared
common drive.
• Construction shall occur in conformance with the elevation plan dated August
26, 2013.
• The petitioner shall identify a bike rack location on their plans.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2013
Page 4 of 9
• A north/south section of sidewalk should be installed along the west side of the
proposed addition, from the front of the restaurant to the south end of the rear
parking lot.
• A landscape plan and detailed planting price list shall be submitted for
verification of the City's 2 1 /2 % landscaping requirement at the time of
submission of plans for a building permit.
• A lighting plan shall be submitted that will ensure adequate lighting in the rear
parking areas prior to issuance of a building permit.
• The location and design of the new storm sewer line will need to be approved by
the City prior to issuance of a building permit and the old line shall be removed
prior to construction of the addition.
• The outdoor dining area decorative fence shall have a minimum height of 48
inches.
• All applicable City ordinances shall be strictly adhered to.
Ayes - 6 - Nays — O.
C. Sign Ordinance Amendment — Public hearing to consider an amendment to Chapter 154 of
City Code of Ordinances (Signs) to allow for electronic message signs on ground/pylon signs
(PC13-41-0)
LOCATION: Citywide
PETITIONER: Uponor North America
Chair Melander opened the public hearing at 7:35 p.m.
Planner Margaret Dykes stated Uponor North America had requested amendments to the City Code
to allow for electronic changeable message sign integrated into permitted ground and pylon signs.
Current Code: Chapter 154 (Signs) defines a Changeable Sign as, "A sign or portion of a sign with
separate inset letters and/or symbols which can easily be removed and which are periodically
changed."
The Code does not allow for electronic changeable copy, except for gasoline price signs, which may
consist of digital or LED display signs. The Code also states, "No illuminated sign which changes
in either color or intensity of light shall be permitted, except one giving public service information."
The Code strictly prohibits any flashing signs in any zoning district.
The proposed amendments would be more restrictive regarding the type of electronic signs that
would be allowed, and the length of the message. A more detailed sign review would be done if the
code amendment is approved by the City.
Dan Hughes, Uponor, provided additional information.
Discussion followed.
Chair Melander closed the public hearing at 8:01 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2013
Page 5 of 9
6. LAND USE/ACTION ITEMS
A. ISD 196 ECFE/ECSE/ABE Building - Consideration of a subdivision by preliminary plat
of 13.7-acre unplatted parcel and site plan review/building permit to allow for construction of a
52,000 sq. ft. building for early childhood family education, early childhood special education
and adult basic education. (PC13-35-SB)
LOCATION: 14445 Diamond Path
PETITIONER: Independent School District 196
Planner Kathy Bodmer presented the request from Independent School District 196 for consideration
of the following actions at 14445 Diamond Path:
• Subdivision of a 13.7-acre parcel into two lots.
• Site Plan Review/Building Permit Authorization to construct a 2-story, 52,000 sq. ft.
building for early childhood family education (ECFE), early childhood special education
(ECSE) and adult basic education (ABE).
She stated the Planning Commission held a public hearing for this project on September 4, 2013.
At its September 18, 2013, meeting, the Planning Commission reviewed the public hearing
comments and the responses to the comments and questions that were raised. The primary
outstanding issue that needed to be resolved was potential future traffic impacts on the 144th Street
and Diamond Path intersection.
After reviewing the trip generation information that was provided by the School District, the City
Engineer asked the City's Traffic Engineer to analyze how the additional traffic resulting from the
new ECFE building would impact the 144th Street and Diamond Path intersection.
Based upon the findings of the traffic study, it would be necessary to make improvements to the
144th Street and Diamond Path intersection. This would likely require additional right-of-way
easements from the Diamond Path Elementary and Dakota Ridge School properties to widen the
intersection. A cost share arrangement for the cost of improving the intersection and the necessary
right-of-way easements would need to be determined.
Staff review of the project found that the proposed development substantially complies with the
requirements of the City Code. Issues identified by City Staff, the Planning Commission and the
public have been adequately addressed. A few minor issues remain which are addressed as
conditions of approval of the project.
Discussion followed.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, recommending
approval of the subdivision by preliminary plat of Rosemount School District 2nd
Addition with the following conditions:
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2013
Page 6 of 9
If the City does not repeal Ordinance No. 433, which extends Drake Path right-
of-way east through the property to Diamond Path and a portion of property for
Tintah Park on the Official Map, the final plat shall include the dedication of the
Drake Path right-of-way through the property east to Diamond Path and the
portion of property for Tintah Park in accordance with the approved ordinance.
The intersection of 144th Street and Diamond Path shall be improved to
accommodate the vehicular traffic generated from the proposed development. A
development agreement shall be executed and recorded as a condition of the
final plat approval between the School District and the City which provides the
terms and conditions of the installation, the allocation of the payment of costs
and the dedication of right-of-way easement for the 144th Street and Diamond
Path intersection improvements.
To satisfy the park dedication requirements of the subdivision regulations, and
to which Independent School District 196 shall receive credit the School District
agrees that the Barbra Savanick Trail link shall be dedicated to the public and
preserved for public use. The Development Agreement for this project shall
include a provision mandating that the Barbara Savanick Trail link located on
the property shall be dedicated to the public and preserved for public use. The
School District shall execute an easement of a minimum of 12' in width in favor
of the City for that area comprising the Barbara Savanick Trail link under which
the City will maintain said trail.
Ayes - 6 -- Nays - O.
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending
approval of the site plan and give building permit authorization to construct a 2-
story, 52,000 sq. ft. building for early childhood, family, adult and special education
on Lot 1, Rosemount School District 2nd Addition, subject to compliance with all
City Codes and the following conditions:
i. Approval of the Site Plan/Building Permit Authorization is subject to approval
of the preliminary and final plat and execution of related development
agreements if required.
A nursery bid list shall be submitted at the time of application of the building
permit which confirms that the value of the landscape plantings meets or
exceeds 2-1/2% of the value of construction of the building based on Means
Construction Data.
Truck hauling in connection with the construction project shall access the site
only from the east off of Diamond Path and 144th Street and the District
Service Drive on Diamond Path.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2013
Page 7 of 9
iv. The construction shall be in accordance with the plans received in City Offices
on September 13, 2013, and revised plans received October 10, 2013.
Ayes - 6 - Nays - O.
B. Hunter Forrest — Consideration of a rezoning from "R-1" (Single family, 40,000 sq. ft.
minimum lot) to "R-3" (Single family, 11,000 sq. ft. minimum lot) and subdivision by preliminary
plat to subdivide three parcels with a total area of 7.41 acres to create sixteen (16) lots for single
family development. (PC13-37-ZS)
LOCATION: 12842, 12866 and 12896 Galaxie Avenue
PETITIONER: Manley Development
Planner Kathy Bodmer stated Manley Development is requesting consideration of the Hunter Forrest
development, a subdivision of three large under-developed single family lots located at 12842, 12866,
and 12896 Galaxie Avenue. The following land use actions are requested:
1. Rezoning from "R-1 ' (Single family, 40,000 minimum lot) to "R-3" (Single family, 11,000
minimum lot).
2. Subdivision by preliminary plat to create 16 lots for single family development.
She stated the public hearing for Hunter Forrest was held on September 18, 2013. The petitioners
revised their plans to address the issues raised by the Planning Commission and staff:
1. The right-of-way of Frost Point Way was widened to 54' to allow for a 32' wide street; on-
street parking will be available on both sides of the street.
2. Sidewalk is shown along Frost Point Court.
3. The grading plan was revised to include a grading guide plan. The Grading and Erosion
Control Plan shows the initial grading for the streets and infiltration area while the Grading
Guide Plan includes the future grading of the building pad areas.
4. The tree mitigation plan was revised to calculate tree removal including the building pad
areas. The Natural Resources Coordinator calculated that the minimum tree mitigation
required will be 448".
5. A cross-section drawing was submitted that shows the height of the new home on Lot 8,
Block 2 in relation to the existing home to the south. The landscape buffer is shown along
the property line to help to create privacy between the new development and the existing
neighborhood.
She reviewed outstanding issues related to grading and landscape buffer. Staff found that the
proposed development substantially complies with the requirements of the City Code. The revised
plans addressed the issues identified by City Staff, the Planning Commission and the public. A few
minor issues remain which are listed as conditions of approval of the project.
Peggy Carlson, Manley Development, provided additional information.
Discussion followed.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2013
Page 8 of 9
MOTION: Commissioner Scanlan moved, seconded by Commissioner Burke recommending
approval of the rezoning of the three properties from "R-1" (Single family, 40,000
minimum lot) to "R-3" (Single family, 11,000 minimum lot). Ayes - 6 - Nays - 0.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin recommending
approval of the subdivision by preliminary plat of Hunter Forrest creating 16 lots for
single family development, subject to conformance with all City Codes, and the
following conditions:
a. Approval of the subdivision is subject to approval of the rezoning of the
properties to "R-3" (Single family, 11,000 sq. ft.).
b. Outlot A is a non-contiguous undevelopable parcel which shall not be included in
the final plat.
c. Drainage and utility easements shall be dedicated over the stormwater infiltration
basins on Lot 3, Block 1 and Lot 9, Block 2 and drainage swale on Lots 7, 8 and
9, Block 2, as depicted on the preliminary plat.
d. The petitioner shall revise the tree mitigation plans to show replacement of a
minimum of 448" of trees in accordance with the Natural Resources
Coordinator's memo of November 1, 2013.
e. The petitioner shall revise the Preliminary Grading and Erosion Control plan and
Grading Guide Plan in accordance with the City Engineer's memo of October 24,
2013.
f. Construction traffic shall enter and exit the site from the southern Frost Point
Way intersection with Galaxie Avenue.
g. An escrow shall be dedicated for an eight foot (8') wide bituminous pathway
along Galaxie Avenue as it abuts the development.
h. The developer and owner shall execute a document to control the use and
maintenance of the land within the developer's proposed "landscape buffer" area,
subject to review and approval by the City Attorney. The documents shall
provide a mechanism that allows the City to enforce, in its sole discretion, the
terms and obligations under the document, and further provide for the City to
recover its costs in the event the City takes action to enforce the same.
i. The existing wells and septic systems shall be sealed and/or removed in
accordance with the Building Official's memo of August 27, 2013.
j. The existing connections to sanitary sewer and water for the home at 12896
Galaxie Avenue shall be capped as required by the City Engineer.
Ayes - - Nays - 0.
7. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
City Planner Tom Lovelace stated that the next Planning Commission meeting would take place
Wednesday, December 4, 2013, at 7:00 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2013
Page 9 of 9
8. ADJOU
MENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander
asked for a motion to adjourn.
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to adjourn the
meeting at 9:04 p.m. Ayes - 6 - Nays - 0.
Res
ctfully Submitted,
4,44
JoJ Murphy, Planning De
rtment
sistant
Approved by the Apple Valley Planning Commission on
City of Appie
Va
TO: Mayor, City Council Members and City Administrator
FROM: Kathy Bodmer, Planner
MEETING
DATE: December 4, 2013
SUBJECT: Public Hearing to Consider Amendments to "P" (Institutional) Zoning District
MEMO
Community Development
The Planning Commission is requested to hold a public hearing to consider amendments to the "P"
(Institutional) zoning district. The amendments are being requested by the City of Apple Valley based
on requests received from the School District and other owners of institutionally zoned property.
The Planning Commission recently reviewed the application from Independent School District 196 for
construction of a 2-story, 52,000 square foot building for early childhood, family, adult and special
education at 14445 Diamond Path. In connection with that project, the School District needs to
relocate a fenced outdoor storage area and fuel dispensing area. The P zoning district currently has no
provision for maintenance buildings, accessory storage buildings and outdoor storage of vehicles and
equipment for governmental entities other than a city.
In addition, in a separate request, the School District requested a permit to construct a roughly 1,600
sq. ft. accessory building at Eastview High School to store athletic equipment. An accessory storage
building is currently not allowed in the zoning district.
The challenge with regulating maintenance and storage buildings in the P district is that it could impact
the City's use of its own properties and facilities. The draft ordinance begins to address the issues that
have been identified, but additional work will need to be done before the ordinance is ready for
adoption. The specific elements of the ordinance continue to be discussed and refined.
Proposed Ordinance Provisions: The following uses would be added to the P district to address these
Issues:
. Permitted Uses:
• Structures and buildings necessary for the operation of park or park facilities.
Public recreational facilities or athletic fields operated by a political subdivision or school
accredited by the Minnesota state department of education.
Governmental service centers, administrative offices and maintenance facility buildings
(outdoor storage in connection therewith shall be a conditional use), utility or water
treatment facilities, and courthouses.
2. Accessory Uses:
One building not larger than 750 square feet in area that is necessary in the operation of any
permitted use within the institutional district.
3. Conditional Uses:
A building larger than 750 square feet in area or any building regardless of size if an
accessory building currently exists on the property, provided the building is necessary in the
use and operation of the permitted primary use on the property subject to conditions.
Outdoor storage of motor vehicles, equipment or materials in connection with the use and
operation of a governmental maintenance facility on the property, subject to conditions.
Re I uestecl Action: Open the public hearing, receive comments and then close the public hearing:
It is the policy of the Planning Commission to not take action on an item on the night of its public
hearing.
2
§155.03 Definitions
ESSENTIAL SERVICES. Underground and overhead gas, electrical, steam or water
distribution systems; collector, communication, supply or disposal systems including poles,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants or similar equipment and accessories in conjunction therewith, including city
buildings.
GOVERNMENTAL MAINTENANCE FACILITY shall mean a buildin s or a sortion
thereof in which a governmental entity operates, and provides the maintenance, upkeep and
repair of its fleet of motor vehicles or other equipment or implements that are used in and for the
operation of the governmental unit.
PUBLIC UTILITY BUILDING, STRUCTURE or SERVICE FACILITY. An occupied structure,
building or mechanical facility owned and operated by a public or private utility company,which occupies
less than 500 square feet of land area.
PUBLIC UTILITY SERVICES. The providing of electric pOWer, gas, telephone, sanitary sewer and
water and storn sewer.
§ 155.246 PERMITTED USES.
putt" or miniature golf courses;
Proposed Amendments
"P" (Institutional) Zoning District
Within any P district, no structure or land shall be used, except for one or more of the following
principal use or uses deemed similar by the City Council:
(A) Elementary, middle, junior high, Of and senior high schools having a regular course
of study accredited by the Minnesota state department of education;
(B) Public libraries and public art galleries;
(C) Parks and playgrounds, including other structures and buildings necessary for the
operation of the park or park facilities;
(D) Public recreational facilities or athletic fields operated by a political subdivision or
school accredited by the Minnesota state department of education;
(14E) Recreational buildings, community centers and swimming pools;
(EF) Churches, chapels, temples and synagogues;
(FG) Golf courses, but not including commercially operated driving ranges, "pitch-and-
Draft 11-27-13
(GH) Cemeteries including mortuaries;
(HI) Municipal government administrative buildings and maintenance buildings and
facilities including outdoor storage of municipal vehicles, equipment and materials; rnunicipal
utility facilities; fire stations; and police stations;
(J) Governmental service centers. adrninistrative offices and maintenance
buildings (outdoorstorage inconnection therewith shall be a conditional use), utility or water
treatment facilities, and courthouses.
(IK) Academies, colleges, junior colleges and universities, including dormitories and
Othec ' ,
___.__-__—_-_--__—__-_-_'y _ the operation _' academy, college university;
(4[) Chubs and lodges, nonprofit and not engaged primarily in providing aeervice
customarily ctrried on in a business such as thc serving o[ food -
and drink;
(KM) Public hospitals, nursing homes and convalescent centers; an-d
(LN) Day-care centers and nurseries:, and
(C) Accessory uses as permitted in § 155.093.
Draft })-27-13 2
§ 155.247 PERMITTED ACCESSOR_Y USES.
Within any PcUstrict no accessory structure or land shall be permitted, except for one or more of
the following uses or uses deemed similar by the City Council:
(A) Clubhouses, maintenance buildings or other related structures on the grounds of golf
courses.
(13) Convents, C~~ ---" ------ --- r --
—
houses and religious retreats - when a church, chapel. temple or synagoue.
than 750 square feet in area that is
necessary in the operation of any permitted use within the institutional district.
§ 155.248 CONDITIONAL USES.
Within any P district, no structure or land shall be used for the fol uses or uses deemed
building, similar by the City Council, except by conditional use permit:
(A) Any structure otherwise permitted but exceeding 40 feet in height.
(13) Public service facility, including electric substations. but
including not service facility, occupying hoezoesso[5OO building, structure or square feet of land area, under the following conditions:
(1) When located adjacent to a designated utility corridor as identified in the
utility chapter of the city's comprehensive plan or utility location plan as adopted by the City
Council, if in existence;
(2) When adequate security is provided through the use of appropriate fencing
and/or windowless building walls. Preferred fencing shall be a solid masonry wall, unless it can
be demonstrated that the fenced facility requires the movement of air for cooling purposes which
would be inhibited by a solid wall. Unless otherwise required by federal or state regulations,
barbed wire shall not be used unless specifically approved by the City Council;
(3) When adequate screening and buffering is provided through the use of
appropriate landscape rnaterials and in accordance with § 155.348;
(4) When the facility or outside edge of any fencing is located at least 100 feet
from any residential dwelling in existence at the time of the facility's establishment;
(5) When the facility is not adjacent to the city's "Ring Route" central business
district road system, as identified in the city's comprehensive plan;
(6) When the City Council determines that the proposed location will not
adversely affect adjacent residential or commercial uses because the traffic generation, noise,
glare, appearance or other nuisance characteristics; and
(7) When the City Council determines that the proposed facility will not generate
nuisances which will have an adverse effect upon existing adjacent uses or the future
development of adjacent vacant loroperties.
Draft 11-27-13
((_' ) Towers as regulated in § 155.385.
(D) An accessor stora e buildin lar er than 750 s uare feet in area or an accessory
building regardless of size if an accessory building currently exists on the property, provided the
buildin is necessar in the use and o eration of the ermitted •rimar use on the sioselt
subject to the following conditions:
1. All minimum area standards as set forth herein shall be met;
2. An buildin or structure to be used for storage of movable o ert that is not a
maintenance facility building shall not exceed 1,200 square feet;
3. The exterior finish and materials of any accessory building shall be of same material as
the princi al buildin , if any otherwise all buildings shall comply with exterior finish
and materials regulations set forth elsewhere in this Code;
in total
4. No more than two accessor stora e buildings
shall be permitted on a lot or parcel;
(E) Outdoor storage of motor vehicles, equipment or materials in connection with the use
and operation of a governmental maintenance facilit on the ro.ert sub' ect to the followin
conditions:
1 , All rotor vehicles shall be licensed' and have current registration for road 'operation:
Ins i[e!lawlw® ®O
condition;
4. The outdoor storage area shall be fenced in accordance with the fence regulations herein
and properly screened as set forth in the screening regulations set forth herein;
Draft 11 -27-13 4
Ap Valey
A'magnet
Apple Valley East
Delaney
Farquar Restroom
Galaxie
Hagemeister
Huntington
JCRPE Concession
JCRPE Garage
Legion Pressbox
Soccer C Pressbox
Kelley Restroom
Redwood C.C.
Redwood Restroom
Teen Center
Quarry Point Conc.
Quarry Point Garage
geview Do
15335 Dunbar
4745 147th St. W.
13266 Pilot Knob Rd.
13900 Galaxie Ave.
13000 JCRR
12960 Diamond Path
5800 140th St. W
311 Co. Rd. 42
14255 JCRR
1020 S.F.
896 S. F
888 S.F.
610 S.F.
896 S.F.
888 S.F.
864 S.F.
1452 S.F.
1311. S.F.
224 S.F.
160 S.F.
167 S'. F.
5176 S.F.
167 S.F.
3680 S. F
1452 S.F.
1131 S.F.
728 S.F. S
PARK BUILDING INFO
Restroom w
e ter Attac e
Warminghouse and Restroom
Warminghouse and Restroom
Restrrom
Warminghouse and Restroom
Warminghouse and Restroom
Warminghouse and Restroom
Concession w/484 S.F. Shelter Attached
Maintenance
Pressbox and Concession
Pressbox and Concession
Restroom
Community /Activity Center
Restroom
Teen Center w/768 S.F. Shelter Attached
Concession w/ 484 S.F. Shelter Attached
Maintenance
§155.03 Definitions
Proposed Amendments
"P" (Institutional) Zoning District
GOVERNMENTAL MAINTENANCE FACILITY shall mean a buildin s or a ortion
thereof in which a governmental entit o erates and .rovides the maintenance u kee and re air
of its fleet of motor vehicles or other equipment or implements that are used in and for the
operation of the governmental unit.
§ 155.246 PERMITTED USES.
Within ai district, no structure or land shall be used, except for one or more of the following
principal uses or uses deemed similar by the City Council:
(A) Elementary, middle, junior high, Of and senior high schools having a regular course
of study accredited by the Minnesota state department of education;
(B) Public libraries and public art galleries;
(C) Parks and playgrounds, including other structures and buildings necessary for the
operation of or directly serves the park or park facilities;
(D) Public recreational facilities or athletic fields operated by a political subdivision or
school accredited by the Minnesota state department of education;
(DE) Recreational buildings, community centers and swimming pools;
(EF) Churches, chapels, temples and synagogues;
(FG) Golf courses, but not including commercially operated driving ranges, "pitch-and-
putt" or miniature golf courses;
(GH) Cemeteries including mortuar
(HI) Municipal government administrative buildings and maintenance buildings and
facilities including outdoor storage of municipal vehicles, equipment and materials; municipal
utility facilities; fire stations; and police stations;
(J) Governmental service centers administrative offices and maintenance facility
buildings (outdoor storage in connection therewith shall be a conditional use), utility or waste
water facilities, and courthouses.
(IT Academies, colleges, junior colleges and universities, including dormitories and
other structures and facilities necessary in the operation of an academy, college or university;
Draft 1 1-27-13 1
(JL) Clubs and lodges, nonprofit and not engaged primarily in providing a service
customarily carried on in a business such as the serving of food and drink;
(KM) Public hospitals, nursing homes and convalescent centers; and
(LN) Day-care centers and nurseries.
§ 155.247 PERMITTED ACCESSORY USES.
Within any P district, no accessory structure or land shall be permitted, except for one or more of
the following uses or uses deemed similar by the City Council:
(A) Clubhouses, maintenance buildings or other related structures on the grounds of golf
courses.
(B) Convents, seminaries, monasteries and nunneries, rectories, parsonages and parish
houses and religious retreats when accessory to a church, chapel, temple or synagogue.
(C) Accessory uses as permitted in § 155.093.
Draft 11-27-13
D Concession restroom ticket booth s ress box
when direc
site.
servin
recreational facilities or athletic field s
and warming house buildin.s
on the same
(E) One storage building not larger than 750 square feet in area that is necessary in the
operation of any permitted use within the institutional district.
§ 155.248 CONDITIONAL USES.
Within any I) district, no structure or land shall be used for the following uses or uses deemed
similar by the City Council, except by conditional use permit:
(A) Any structure otherwise permitted but exceeding 40 feet in height.
(B) Public utility building, structure, or service facility, including electric substations
occupying in excess of 500 square feet of land area under the following conditions:
(1) When located adjacent to a designated utility corridor as identified in the
utility chapter of the city's comprehensive plan or utility location plan as adopted by the City
Council, if in existence;
(2) When adequate security is provided through the use of appropriate fencing
and/or windowless building walls. Preferred fencing shall be a solid masonry wall, unless it can
be demonstrated that the fenced facility requires the movement of air for cooling purposes which
would be inhibited by a solid wall. Unless otherwise required by federal or state regulations,
barbed wire shall not be used unless specifically approved by the City Council;
(3) When adequate screening and buffering is provided through the use of
appropriate landscape materials and in accordance with § 155.348;
(4) When the facility or outside edge of any fencing is located at least 100 feet
from any residential dwelling in existence at the time of the facility's establishment;
(5) When the facility is not adjacent to the city's "Ring Route" central business
district road system, as identified in the city's comprehensive plan;
(6) When the City Council determines that the proposed location will not
adversely affect adjacent residential or commercial uses because the traffic generation, noise,
glare, appearance or other nuisance characteristics; and
(7) When the City Council determines that the proposed facility will not generate
nuisances which will have an adverse effect upon existing adjacent uses or the future
development of adjacent vacant properties.
(I)) An accessory storage building larger than 750 square feet in area or any accessory
building regardless of size if an accessory storage building currently exists on the property,
provided the building is necessary in the use and operation of the permitted primary use on the
property subject to the following conditions:
1. All minimum area standards as set forth herein shall be met;
2. Any building or structure to be used for storage of movable property, which is not in
connection with a maintenance facility located on the site as the primary use, shall not
exceed 1,400 square feet;
3. The exterior finish and materials of any accessory building shall be of same material as
the principal building, if any, otherwise all buildings shall comply with exterior finish
and ma i
terials regulations set forth elsewhere in this Code;
4. No more than two accessory storage buildings shall be permitted on a lot or parcel;
(F) Outdoor storage of motor vehicles, equipment or materials in connection with the use
and operation of a governmental maintenance facility on the property, subject to the following
conditions:
1. Alt motor vehicles shall be licensed and have current re istration for road
operation.
. All motorized vehicles or e
4. The outdoor storage area shall be fenced in accordance with the fence regulations herein
and sro.erl screened as set forth in the screenin reu1ations set forth herein.
Draft 11-27-13
(C) Towers as regulated in § 155.385.
All motor vehicles and motorized e
conditipiE
1
Ul
ment shall be stored on an im
ment shall be o se rational and in workin
e vious surface. and
This Subsection E shall not a
ci and located on cit
enforcement duties.
Draft 11 -27 -13 4
to the vehicles im sounded and in the ossession of the
owned sroser in the course of its sublic safe
and law
City of Apple 1 ,
Valley
TO: Planning Commission Members
FROM: Margaret M. Dykes, Planner
MEETING
DATE: December 4, 2013
1
H:\DEVELOPM\2013 Projects\Uponor Sign Code Amendment\pcmemo120413.doc
Agenda Item #
MEMO
Community Development Department
SUBJECT: Amendment to Chapter 154 (Sign Code) to allow for electronic changeable copy
on ground/pylon signs
Case No. PC13-41-0
Request: Uponor North America has requested amendments to the City Code to allow for
electronic message signs integrated into permitted ground and pylon signs.
Current Code: Chapter 154 (Signs) defines a Changeable Sign as, "A sign or portion of a sign
with separate inset letters and/or symbols which can easily be removed and which are
periodically changed." All changeable signs in the City are readerboards, which are manually
changed. These signs are limited to a maximum of 2/3 of a permitted freestanding sign i.e.,
ground or pylon. Depending on the zoning district, a freestanding sign ranges from 40 sq. ft. for
neighborhood commercial areas up to 180 sq. ft. for major shopping center areas. Therefore,
changeable signs could range from 26 sq. ft. up to 119 sq. ft.
The Code does not allow for electronic changeable copy, except for gasoline price signs, which
may consist of digital or LED display signs. The Code also states, "No illuminated sign which
changes in either color or intensity of light shall be permitted, except one giving public service
information." Additionally, the Code strictly prohibits any flashing signs in any zoning district.
Signs are a form of speech and, as such, are protected by federal and state constitutions. Local
ordinances may regulate "time, place, and manner", but may not regulate content. In other
words, a city may either allow or prohibit a type of sign, but may not restrict the message content
of that sign.
Proposed Amendments: Uponor is requesting only a change to allow for electronic message
signs. The code amendment would allow them to install a 3' x 14.25' (43.5 sq. ft.) electronic
message sign into their ground sign. The existing ground sign would be raised to 11' in height
(from 8') and the total sign area would be increased from 80 sq. ft. to 121 sq. ft. if the electronic
message sign is installed. The maximum sign copy area cannot exceed 110 sq. ft. A more
detailed sign review would be done if the code amendment is approved by the City. Uponor has
said they will revise their preliminary drawings (attached) to comply with the Code.
Agenda Item #
Staff and the City Attorney's office have drafted the attached amendments, which would address
Uponor's request. The draft amendments would allow for electronic message signs, with the
following performance standards:
• Changeable signs must be permanent, and not portable.
• Electronic message signs would consist of only alphanumeric text information — no
pictures or graphics would be permitted.
• Only electronic message signs and readerboards would be allowed as permitted
changeable signs; no electronic graphic display sign would be permitted.
• These types of signs would only be allowed in commercial, industrial, and institutional
districts; they would not be allowed in residential districts (either single family or multi-
family).
• Electronic message signs could only have a single, solid background color, and text must
be one color.
• The sign message must be static and not change for at least 20 minutes. The message
must not scroll, flash or ticker across the sign.
• The sign must meet brightness standards, and the sign must be equipped with means to
turn off the sign if it malfunctions or does not comply with the Code.
Additional non-substantive minor amendments also have been proposed by the City Attorney to
clarify meaning and generally clean up ambiguous language.
Public Hearing: The public hearing for this item was held November 6, 2013. No members of
the public spoke at the meeting. The Planning Commission had some concerns but generally
was supportive of proposed changes. Generally, the Commission was concerned about the
brightness of the signs and the potential impacts on drivers and residential areas. There were
also concerns regarding the timing of messages. Issues raised by the Commission are as follows:
• Brightness of electronic message signs relative to static signs.
• Distance from residential properties — should there be a distance of these signs from
residential properties?
• Time of operation? Should there be limits on these types of signs?
Brightness of Proposed Signs:
The brightness of an object is called luminance, which is the perceived surface brightness.
Luminance remains the same regardless of the distance from the light source. Brightness is
generally measured using "nits". For example, the nit measurement of the sun is 5,000 nits. A
standard LCD television measures approximately 100-300 nits. Ambient lighting is a critical
factor affecting luminance. During daylight hours, an electronic message signs at 500 nits will
not be seen clearly. Conversely, the same sign at 6,500 nits at night will be blindingly bright and
also will be "unviewable".
Luminance differs from illuminance, which measures the amount of light falling onto a surface.
For a given light source, the closer to a light source the illuminated area is, the higher the
illuminance value. For example, the illumination at a gas station generally will be greater under
the pump canopy than at the property entrance. Illuminance is measured in footcandles. The
2
H:\DEVEWPM\2013 Projects\Uponor Sign Code Amendmentpcmemo120413.doe
Agenda Item #
higher the footcandles of an object, the more illumination it projects. The City Code restricts
objects from projecting light off a property. Light fixtures must be arranged so light is not
directed towards other properties; fixtures may need mitigative devices such as louvers, shields,
diffusers and similar to restrict lighting to the subject property. In residential areas, light
spillover may not exceed 0.5 footcandles at the property line. In commercial areas, light
spillover may not exceed 1 foot candle at the property line.
To clarify, the human eye does not see illuminance (as measured in footcandles); it sees
luminance (as measured in nits).
To better understand the impact of the proposed brightness standards, staff spoke to the
following representatives from sign companies regarding the proposed ordinance changes:
Dan Gust, Owner of Action Plus Signs
Dean Utermarck - Vice President of Top Line Advertising
Terry Willimington Signtronix
All stated that the proposed brightness measurement of 5,000 nits for daylight hours would not
be sufficient. They suggested a brighter level only during the day so that the signs could be read.
Upon review of additional municipal codes, staff believes this measurement should be increased
to 7,500 nits for daylight hours. The nighttime measurement would remain at 500 nits, which
was deemed sufficient for viewing. It was also suggested that the addition of a limit of light
trespass at the property line would also help to reduce brightness impacts on surrounding
properties. Staff reviewed additional material, including the City of Shakopee's ordinance, and
found that limiting light trespass to 0.3 footcandles above ambient light levels 100 feet from the
sign is generally accepted. This will help to reduce impacts to surrounding uses as well as limit
impacts on drivers. Additional material from the International Sign Association regarding night
time brightness levels of signs is attached to help better understand the additional requirements.
Staff believes the concerns raised by the Commission could be addressed by ensuring the
brightness of the proposed signs does not exceed the standards in the draft ordinance. If the
measures discussed are added to the proposed Code, staff believes it will not be necessary to
limit the hours these signs may operate, or restrict their location relative to residential areas.
However, if in the future, the City determines that electronic graphic displays will be allowed,
requiring setbacks from residential areas may be necessary.
Recommended Action: If the Planning Commission concurs, staff is recommending approval of
the proposed sign code amendments (attached). The following motion is recommended:
Recommend approval of the draft ordinance amending Chapter 154 (Signs) of the
Code of Ordinances.
Attachments:
1. Draft Ordinances
2. Email from Applicant
3
HADEVELOPM\2013 Projects\Uponor Sign Code Amendment\pcmemo120413.doc
3. International Sign Association Report "Recommended Night-titne Brightness
Levels for On-Premise Electronic Message Centers"
CITY OF APPLE VALLEY ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
TITLE XV, CHAPTER 154, OF THE CITY CODE ENTITLED "SIGN
REGULATIONS" BY AMENDING VARIOUS SECTIONS TO PROVIDE FOR AND
REGULATE ELECTRONIC DISPLAY SIGNS.
The City Council of Apple Valley ordains:
Section 1. Chapter 154 of the Apple Valley City Code is hereby amended by revising and
adding the following definitions in Section 154.02 to read as follows:
SECTION 154.02 DEFINITIONS
CHANGEABLE SIGN. A sign or portion of a sign with separate inset letter and/or symbols
which can easily be removed and which are periodically changed that has copy which
recurrently changes or is intended to be recurrently changed for different message text or
graphics. Changeable signs include readerboard signs, electronic message signs, and electronic
graphic display signs as defined herein.
READERBOARD SIGN. A sign with separate inset letters and symbols or changeable which
the copy which can be easily removed and which are or is periodically changed consists of
alphanumeric characters and is created or modified manually,
ELECTRONIC MESSAGE SIGN. A sign that electronically displays non-pictorial,
alphanumeric characters utilizing a display sign area, which the characters consists of and are
created by a small number of matrix elements using different combinations of light emitting
diodes (LED's), fiber optics, light bulbs or other illumination devices within the display area or
transmitted digital copy to the display area which may be a plasma display or other monitor
screen.
ELECTRONIC GRAPHIC DISPLAY SIGN. A sign that electronically displays images,
graphics, or pictures, with or without alphanumeric characters, utilizing a display sign area,
which the characters consists of and is created by a small number of matrix elements using
different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other
illumination devices within the display area or by transmitted digital copy to the display area
which may be a plasma display or other monitor screen.
FLASHING SIGN. Any illuminated sign on which the artificial light is not maintained both
stationary and constant in intensity and color at all times when a sign is in use. An electronic
message sign does not constitute a flashing sign.
ILLUMINATED SIGN. Any sign which has characters, letters, figures, design or outline that
has any illumination directed upon or within or around the sign or sign structure illuminated by
electric lights luminous tubes.
DRAFT
Section 2. Chapter 154 of the Apple Valley City Code is hereby amended by revising
Section 154.04(A) and adding Section 154.04(L) to read as follows:
(A) Table of types of signs permitted. The types of signs permitted without applying for
upon issuance of a permit shall be as detailed in Appendix C of this chapter.
(L) Changeable signs subject to the following requirements:
(1) Only readerboard signs and electronic message signs are permitted;
(2) The sign and the structure on which it is located shall be permanently
installed and shall not be a portable sign;
(3) The sign shall not be located with any residential or multiple family
residential district;
(4) No graphic(s) or picture shall be present on the or as the background sign
display area
(5) If the changeable sign is an electronic message sign, the following
requirements shall be met:
(a) The text or message on the sign shall be maintained as one color;
(b) The background of the display area shall be maintained as a solid,
single color; and
(c) The message shall be static, but may be changed at 20 minute
intervals; the message text shall not scroll or ticker across the sign display area. The only
exception to this provision shall be for time, date, and temperature information which
may be considered one display message and may change every three seconds.
(6) There shall be no illuminated border around or within the display area.
(7) No changeable sign shall be affixed to the building.
(8) Electronic message signs used in connection with public roadway operations
by the state, county or city shall not be subject to the permit or permit fee required herein.
Section 3. Chapter 154 of the Apple Valley City Code is hereby amended by revising
Section 154.05 (C) and adding Section 154.05 (H), (I) and (J) to read as follows:
SECTION 154.05 PROHIBITED SIGNS.
2
DRAFT
(C) Revolving beacons, sSequentialflashcrsflashing copy or display and flashing,
rotating, strobe lights signs. There shall be no use of sequential flashers flashing (illuminated)
copy or display or flashing, rotating, strobe lights or similar devices. This provision does not
apply to: (1) electronic message signs for which a permit was issued hereunder subject to
compliance of all the regulations thereof set forth in this Chapter; (2) traffic control devices in
connection with roadway operations by the state, county or city; or (3) illuminating devices that
are required to be installed pursuant to federal or state safety regulations.
(H) Any sign, signal, marking, or device existing independently or with a sign or any
illumination on any sign which purports to be or is an imitation of or resembles any official
traffic control device or railroad sign or signal, or emergency vehicle signs is prohibited.
(1) Any sign, signal, marking, or device existing independently or with a sign or any
illumination on any sign which attempts to direct the movement of traffic or which obstructs
from view or interferes with the effectiveness of any official traffic control device, street sign or
railroad sign or signal is prohibited.
Electronic graphic display sign. Electronic graphic display signs are prohibited.
Section 4. Chapter 154 of the Apple Valley City Code is hereby amended by revising
Section 154.06 (A), (B) and (D) to read as follows:
(A) Lighting regulations.
(1) All illuminated signs shall have an indirect or diffused light source and be
designed so as not to direct rays of light onto public streets or adjacent property creating
thereby a public nuisance or safety hazard.
(2) There shall be no flashing signs permitted in any district, except for signs
or traffic control devises in connection with roadway operations by the state, county or
city.
( No illuminated sign which shall changes in either color or intensity of
light shall be permitted, except one giving public service information, except for signs or
traffic control devices in connection with roadway operations by the state, county or city.
(4) Lighted revolving signs shall be permitted, but the bottom of the sign
surface shall be a minimum of 12 feet above the street grade and a minimum of 100 feet
from the center of any public street intersection.
( Between sunrise and sunset the maximum luminance of all illuminated
signs shall be seven thousand (7,000) nits and between sunset and sunrise the maximum
3
luminance shall be five hundred (500) nits. Additionally, the sign shall not exceed 0.3
foot candles above ambient light levels 100 feet from the sign face. All signs with an
electronic message or electronic graphic display must be equipped with an automatic
dimmer control or other mechanism that automatically controls the sign's brightness to
comply with this requirement. These signs must also be equipped with a means to
immediately turn off the display or lighting if it malfunctions, and the sign owner or
operator must immediately turn off the sign or lighting when notified by the city that it is
not complying with the standards in this section.
(B) Changeable copy. A maximum of two- thirds of the total area of sign allowed for
a freestanding sign may be used for a changeable sign as permitted herein.
(D) Change of sign rncssagc. Upon any change or replacement of a sign or any
portion thereof, including the sign's structure, the sign will constitute a new sign, requiring a new
initial fee, and issuance of a new permit shall be required. If the sign does not exceed the size
requirement as provided in this chapter and the change is in content copy only, an application
and drawings must be submitted, but the permit fee will not be required. This provision does not
apply to the changing of copy on a changeable sign, but does apply to a changeable sign if the
sign structure, design or method of changing copy is revised or replaced.
Section 5. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and such summary will clearly inform the public of the
intent and effect of the ordinance.
Section 6. Filing. The City Clerk shall file a copy of this ordinance in her office, which
copy shall be available for inspection by any persons during regular office hours.
Section 7. Publication. The City Clerk shall publish the title of this ordinance and the
official summary in the official newspaper of the City with notice that a printed copy of the
ordinance is available for inspection by any person during regular office hours at the Office of the
City Clerk.
Section 8. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
ATTEST:
PASSED by the City Council this day of 2013.
Pamela J. Gackstetter, City Clerk
Mary Hamann-Roland, Mayor
4
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING
TITLE XV, CHAPTER 154, OF THE CITY CODE ENTITLED "SIGN
REGULATIONS" BY AMENDING VARIOUS SECTIONS TO PROVIDE FOR AND
REGULATE ELECTRONIC DISPLAY SIGNS.
The following is the official summary of Ordinance No. approved by the City Council of
Apple Valley on , 2013:
Chapter 154 of the Apple Valley City Code is amended to add regulations regarding
electronic message signs and electronic graphic display signs and to revise regulations regarding
changeable sign and illuminated signs, and to amend performance standards for signs in
connection with permissible changeable signs.
A printed copy of the ordinance is available for inspection by any person during regular office
hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 West 147th Street,
Apple Valley, Minnesota 55124.
5
Dykes, Maggie
From:
Sent:
To:
Subject:
Good morning Margaret,
Hughes, Dan <Dan.Hughes@uponor.com>
Tuesday, November 12, 2013 10:19 AM
Dykes, Maggie
Sign benefits
Following up to our discussion this morning I want to reiterate some of the potential
benefits Uponor sees if we're able to incorporate changeable electronic messaging into
our monument sign at 5925 148 Street West. With minor additions, the points below
are those I included in my September 27, 2013 Land Use/Development
Application. Although the posting of job openings has been cited as a benefit in some
discussions between our V.P. of Human Resources and others at the City, that's only one
of the benefits seen overall and those added benefits are included below. If you think
that anyone on the Planning Commission or City Council would benefit from this broader
list of benefits please feel free to forward this information as you feel appropriate.
• Having the ability to communicate job openings/hiring opportunities.
• Event announcements specific to Uponor (e.g. open house, job fair, customer
training events, etc.)
• Event announcements not specific to Uponor where we provide use of our facilities
to community or trade organizations (e.g. Apple Valley Chamber of Commerce,
Manufacturers' Alliance, construction related trade organizations, etc.)
• Having the ability to convey information to employees arriving for work. Our 24/7
4-shift operation with manufacturing employees working 4 days on then 4 days off
(either day shift or night shift) creates challenges communicating with them when
there are facility activities affecting parking and/or building access. A good
example of that is the need to communicate parking directives during periods of
heavy snow and plowing. Plowing parking areas that are normally in use 24 hours
a day requires that we convey parking restrictions to manufacturing employees on
short notice when necessary. The monument sign would provide a very
convenient and effective means of doing that as they arrive, and updating that
messaging as necessary throughout a snow event and as applicable to different
work shifts as that come and go at the 6:OOam and 6:OOpm shift changes.
• Other potential uses benefiting Uponor and/or the surrounding community (e.g.
emergency or public service messages as requested by city, police, fire, etc.)
I appreciate the work you've done to consider our request and develop the proposed
amendment that's currently working its way through the review and approval process. If
1
I can provide any additional information or answer any questions for you or others that
arise please don't hesitate to contact me.
Dan H LEED GA
Director, Real Estate, Security and EHS
Uponor North America
5925 148th Street West, Apple Valley, MN 55124
Tel: 952-997-5344 Mobile: 612-306-5377 Fax: 952-891-2008
e-mail: damhughes(auponor.com Web: www.uponor.com
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INTERNATIONAL
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rightness Levels
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Electronic Message
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A COMPILATION SUMMARY WITH EXTRACTS FROM INDUSTRY REPORTS
APRIL 201 I
INTRODUCTION
EXECUTIVE
SUMMARY
RECOMMENDED
LANGUAGE
SIX STEPS:
EMC BRIGHTNESS LEVELS
2
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INTERNATIONAL
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• • ,
Electronic Message Centers (EMC)
s)
One of the more interesting types of signage that is becoming increasingly popular is on-premise electronic message centers, or EMCs. You may have heard
EMCs being referred to as changeable message displays or digital signs.
EMCs are not digital billboards, which advertise a good or service that is located away from where the sign is located. Rather, EMCs are digital signs that are
located on the premises of the business, and that advertise goods and services that are provided at the location.
Bellikie""r
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There is often confusion regarding on and off-premise digital signs. However, EMCs and digital billboards have very distinct capabilities and purposes, each
targets a specific audience and each has traditionally been treated under separate legal and regulatory regimes. For the purposes of this publication, we are ocusing
solely and exclusively on EMCs.
EMCs that are too bright at night can be offensive and ineffective. EMC brightness at night is an issue where sign users, the sign industiy, and the planning
community have a common goal: ensuring that EMCs are appropriately legible. We know the messages that these signs convey can be rendered unattractive
and perhaps even unreadable if they are programmed too bright.
•
That's why many sign companies recommend to their customers that in order for these signs to be most effective, their brightness be set at such a level to be
visible, readable and conspicuous.
In 2008, the International Sign Association (ISA) retained Dr. Ian Lewin of Lighting Sciences to help the industry develop scientific,ally-researched, understandable
recommendations for EMC brightness. Dr. Lewin is a past chair of the Illuminating Engineering Society of North America (IES), and is greatly respected within
the lighting field. His work for ISA was conducted with the input of experts within the sign industry. Dr. Lewin's full report can be found at www.signs.org.
As a result o this research, the recommended night-time brightness level or on premise EMCs is 0.3 fiot candles above ambient light conditions when measured at an
appropriate distance. This is a lighting level that works in theory and in practice.
The research and the recommendations 'contained in this report pertain only to EMCs, not traditionally internally illuminated signs, such as these channel
letter and neon signs below. EMC's use a different lighting technology than most of these types of signs, and as such the scientific approach differs.
EMCs and digital billboards have very distinct
capabilities and purposes, each targets a speqfie
audience and each has traditionally been treated
under separate legal and regulatory regimes.
You can rest assured that the information contained in this publication is relevant, appropriate and workable for determining night-time EMC brightness levels.
We have provided six short steps to help guide the process and recommended statutory language. If you need further assistance, feel free to contact ISA at (703)
836-4012 to answer any of your EMC brightness questions.
ISA Electronic iViessage Display Brightness Recommendations
This summary has been developed to assist stakeholders concerned with development of b
electronic displays used for on-premise sign applications. This summary comprises:
1) an overview of the importance o ensuring appropriate brightness,
2) technology utilized to ensure appropriate brightness,
3) recommended brightness standards, and
4) brightness measurement methodology.
1. Overview of the importance of ensuring appropriate
night-time brightness.
Electronic displays that are too bright at night can be offensive and inef-
fective. There are significant advantages to ensuring than an electronic dis-
play is not overly bright. These advantages include:
'0, Conservation of energy
;,) Increased life expectancy of the electronic display components
Building goodwill with the community
Ensuring the legibility of the display
It is in the best interest of all stakeholders to ensure that electronic displays
are sufficiently bright to ensure clear legibility, while at the same time avoiding
a display that is overly bright.
ness standards for large-format,
-. Technology utilized to ensure appropriate brightness.
Most electronic displays are designed to produce sufficient brightness to
ensure clear legibility during daylight hours. However, daytime brightness
settings are usually inappropriate for night-time viewing. The following
general methods are used to dim an electronic display for appropriate
night-time viewing:
. Manual Dimming. Using this method, the sign operator dims the
display in response to changing ambient light conditions.
2. Scheduled Dimming. Sunset-sunrise tables allow an electronic display
to be programmed to dim at the same time that the sun sets and
rises. This method is generally acceptable, but is more effective when
used as a backup to automatic dimming controls capability, such as
photocell technology
. Photocell Technology. An electronic display that utilizes photocell
technology can automatically dim as light conditions change. A
photocell sensor alerts the display to adjust brightness according to
ambient light conditions.
Most electronic di4days are designed to
produce sufficient brightness to ensure clear
legibility during daylight hours.
Howevei; daytime brightness settings are
usually inappropriate or night-time viewing.
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3. Recommended brightness standards.
ISA commissioned Dr. Ian Lewin of Lighting Sciences, Inc. to develop
brightness criteria for on-premise electronic displays. Dr. Lewin is a leading
lighting expert with over thirty years experience in the lighting industry.
Dr. Lewin recommended the development of brightness criteria based on the
Illuminating Engineering Society's (TES) well-established standards pertaining
to light trespass, IES Publication TM-11-00. The theory of light trespass is
based on the concept of determining the amount of light that can spill over
(or "trespass") into an adjacent area without being offensive.
As a result of his research, Dr. Lewin recommended two different brightness
settings based on whether the EMC was located in an area of high or low
ambient light. After field testing and utilizing Dr. Lewin's recommendations,
it was determined that using the more conservative recommendation is
appropriate in areas of both low and high ambient light. In order to simplify
Dr. Lewin's recommendations, and to take a more reasonable approach to ensure
that EMC's are sufficiently visible but not overly bright, it is recommended.
that EMC's not exceed 0.3 footcandles over ambient lighting conditions
when measured at the recommended distance, based on the EMC size.
4. Brightness measurement methodology.
There are two generally accepted measures of brightness in the sign industry;
illuminance and luminance. Illuminance, the preferred method, is a measure
of the amount of light intercepting an object at a given distance from a light
source and is measured in footcandles or its metric equivalent, lux. Illuminance
can be measured with a footcandle meter (also know as a luxmeter), which are
relatively inexpensive ($100-10,00) and commonly available. The footcandle
meter should be accurate to two decimal points for accurate measurements.
The second method, luminance, is an a.bsolute measure of the amount of
brightness that is being emitted from a light source and is usually measured
in candelas per square meter, also known as "nits." Luminance can be measured
by use of a "nit gun'', which are expensive (43,000) and difficult to procure. The
preferred method of measurement is illuminance using a footcandle meter
because a measure ofluminance fails to account for ambient light conditions.
•
...it is recommended that EMC's not exceed
footcandles over ambient lighting conditions
when measured at the recommended distance,
based on the EMC size.
1. Electronic Message Center (EMC) Criteria: The night-time
illumination of an EMC shall conform with the criteria set
forth in this section.
A. EMC Illumination Measurement Criteria: The illuminance
of an EMC shall be measured with an illuminance meter set
to measure footcandles accurate to at least two decimals.
Illuminance shall be measured with the EMC off, and again
with the EMC displaying a white image for a full color-
capable EMC, or a solid message for a single-color EMC.
All measurements shall be taken perpindicular to the face of
the EMC at the distance determined by the total square
footage of the EMC as set forth in the accompanying Sign
Area Versus Measurement Distance table.
B. EMC Illumination Limits: The difference between the off
and solid-message measurements using the EMC 1\4easw-.em.ent
Criteria shall not exceed 0.3 footcandles at night.
C. Dimming Capabilities: Al! permitted EMCs shall be equipped
with a sensor or other device that automatically determines
the ambient illumination and programmed to automatically
dim according to ambient light conditions, or that can be
adjusted to comply with the 0.3 footcandle measurements.
D. Definition of EMC: A sign that utilizes computer-generated
messages or some other electronic means of changing copy.
These signs include displays using incandescent lamps,
LEDs, LCDs or a flipper matrix.
SIGN AREA VERSUS MEASUREMENT DISTANCE
15
20
25
30
35
40
45
'50
55
60
65
'7(i
75
80
85
90
95
100
11()
120
130
140
150
160
170
1 80
190
200
220
240
260
280
300
AREA OF SIGN MEASUREMENT
10
32
39
45
50
55
59
63
67
71
74
77
81
84
87
89
92
95
97
100
105
110
114
118
122
126
130
134
138
141
148
155
('
167
173
gv,;ktv,t*04'WMVONt*r7OtVVXIAKKfia'4/e4Sfz;M;,Vrfvv5
* For signs with an area in square fiet other than those specifically listed in the table
(i.e., 12 sq ft; 400 sq ft, etc), the measurement distance may be calculated with the
Plowing fOrmula: Measurement Distance Area of Sign Sq. Ft. x 100
How to Measure the Brightness
o an Electronic Message Center (EMC)
STF
OBTAIN AN ILLUMINANCE METER.
Purchase or otherwise procure an illuminance meter. Most city/county traffic
departments have an illuminance meter, which are also referred to as lux or
footca.ndle meters (lux is the metric measure of illuminance; footcandles is the
English measure of illuminance). The illuminance meter must have the ability
to provide a reading up to rwo decimal places and must be set to read foot-
candles. It is preferred to have an illuminance meter with a screw-mount that
allows the sensor to be mounted on a tripod. A tripod ensures that the highly
sensitive sensor is held perfectly still; otherwise it may be difficult to obtain
an accurate reading.
If you do not have an illuminance meter, the Konica Minolta T-10 is a high quality
illuminance meter that works well. However, other less expensive illuminance
meters may also provide adequate results. The International Sign Association
has no affiliation with Konica Minolta.
DETE
INE SQUARE FOOTAGE.
e
Determine the square footage of the face of the electronic message sign
(EMC) by multiplying the height and width of the EMC. This information
may be available in a permit application, or can be determined by physically
measuring the height and width of the EMC. Do not include the sign face
square footage attributable to any additional static signs associated with the
EMC (if applicable).
1:)
DETERMINE THE MEASUREMENT DISTANCE.
Using the total square footage found in Step 2, look up the measurement
distance in the table provided in the Recommended Legislative Language on
page 6, to determine the distance to measure the brightness of the EMC.
The distance should be measured perpendicular to the EMC sign face. The
use of a measuring wheel is the most convenient way to measure the distance.
111111010.1ausiglowtsoos,a,"'"--
PREPARE THE DISPLAY FOR TESTING.
Ensure that the EMC is programmed to alternate between a solid white (or
in the case of a monochrome display — the solid color of the display) message
and a blank message. You may wish to have a requirement that the sign
owner cooperate with testing by programming the EMC for testing upon
written notice.
USE AN ILLUMANCE METER TO MEASURE THE BRIGHTNESS
OF THE EMC.
Mount the sensor of your illuminance meter to a tripod and orient the sensor
directly towards the face of the EMC at the measurement distance determined
in Step 2.
Ensure that the illuminance meter is set to measure footcandles up to two
decimal places. As the display alternates between a solid white message and an
"off" message, note the range of values on the illuminance meter. If the difference
between the readings is less than 0.3 footcandles, then the brightness of the
display is in compliance. If not, the display will need to be adjusted to a lower
brightness level using the manufacturer's recommended procedures.
ENSURE THAT THE DISPLAY CAN ADJUST TO DIFFERENT
AMBIENT CONDITIONS.
Inspect the sign to ensure that it incorporates a photocell or other technology
to ensure that the display can adjust according to ambient lighting conditions.
As the display alternates between a solid white
message and an "off" message, note the range o va ,ues
on the illuminance meter: if the difference between the
readings is less than O.3 footcandles, then the
brightness o the display is in compliance.
INTERNATIONAL
P SIGN ASSOCIATION
1001 N. FAIRFAX STREET, SUITE 301
ALEXANDRIA, VA 22314
703.836.4012 PH
7038368353 FAX
W eSIGNS4ORG
RECOMMENDED NIGHT - TIME BRIGHTNESS LEVELS FOR ON PREMISE ELECTRONIC MESSAGE CENTERS
DAKTRDNIS
BASIC COLOR CONTROL
LED signs are made up of groupings of small LED's (Light Emitting Diodes). LED's are a solid-state
electronic device that emits light when energized by applying power. Each individual LED emits a
specific color of tight. The displays have the ability to display colors across the spectrum using only three
primary colored LEDs; red, green and blue. A red, a green and a blue LED are closely mounted on a sign,
in what is called a pixel, and the display mixes various combinations and intensities of these three colors
to create all the colors of the rainbow. Through the usage of a multitude of pixels being controlled by a
computer, an image can be created.
BRIGHTNESS ON TODAY'S LED SIGNS IS AUTOMATICALLY ADJUSTED ACCORDING TO AMBIENT LIGHT
CONDITIONS.
The perceived brightness of an LED sign is dependent on a variety of factors. Ambient light conditions
play the largest role in affecting the brightness of the display.
An LED sign communicates its messages by emitting light. It therefore must not be too dim, since it
couldn't be distinguished in sunli ht; nor should it be too b ' kt,astheimagevviUbedistortedand
difficult to read. The sign must adjust its brightness over the course ofthe day. Today's signs can dim
from 100% during a bright sunny afternoon, to around 4% (depending on manufacturer and model)
during the darkest night. That means the sign is only 4% as bright at night as during the daytime. During
the course of the day, the sign will periodically adjust its brightness levels to ensure it is operating
appropriately.
This adjustment is possible because of the photocell/light sensor. LED signs come equipped with a light
sensor, which detects the ambient light level, and adjusts the sign's brightness accordingly. The change
is not instantaneous, but averaged over a set time period.
VARIOUS BRIGHTNESS MEASUREMENTS
NITS
How brightness is measured is important. When LED signs were first being developed, manufacturers
spoke about brightness using nits. (candelas per meter squared) Nits are a measure ofthe amount of
light a sign emits. This was an excellent standard for manufacturers to tout how bright they could make
a sign. (Early technology made it difficult for LED's to be used out-of-doors as they were not bright
enough to compete with sunlight) Today, our typical daytime brightness maximum is 7500 Nits, with a
nighttime average of 240 Nits. However, these levels can be factory preset to lower max levels to meet
local codes.
Nits, however, are not a particularly useful measurement for governments to regulate LED signs bv. This
is because while nits measures how much light a sign is emitting, it will not tell you how bright the sign is
to the human eye. The ambient light level plays an enormous role in this. Also, the colors on the display
are perceived differently. A white sign and a red sign, operating at the same nits level, may seem at
widely different brightness levels.
DAKTRUON I CS
DAKTRDN
Even so, some governmental agencies have enacted specific nits requirements in their si ordinances.
If a regulatory body want to pursue specific nits levels, the attached NEMA study outlines appropriate
brightness levels at varying ambient light levels and colors. (see page 51 for easy to read charts)
WATTS
It is also important to note that judging the brightness of LED signs by wattage is improper. Watts
explain how much power a sign is using. A traditional sign's brightness can be determined by the
wattage of the bulbs shining on and reflecting off its surface. An LED sign, however, uses power for
more than just emitting Iight. It must also power its control system, fans, and other parts. Therefore,
while an LED sign may be drawing more power, it is not necessarily going to be brighter than a
traditional sign.
It is also important to remember LED sign owner has every incentive to keep power consumption down
to a minimum. Power consumption is one of the Iargest on-going costs of a LED sign. The brighter an
LED sign is run, the more power it is consuming. AIso, LED's degrade over time, and the brighter they
are run, the faster they will degrade. If a sign is being used at a higher than necessary bri htness level, it
will cut down the Iifetime ofthe sign. The industry has made great strides in improving LED sign energy
efficiency. Reduced power consumption is a goal we all share.
FOOT CANDLE BRIGHTNESS REGULATIONS
Regulations requiring automatic dimming technology are important for electronic signs. Autornatic
dimming possesses the ability to appropriately adjust brightness to ambient light conditions.Hovvever, if
a regulatory entity would like to place a specific brightness limitation on LED signs, the most user and
regulation-friendly method is to incorporate foot candle Iimitations.
Foot candles measure the amount of Iight that is intercepted by a meter that is a given distance away
from a lit object (in this case a LED sign). That is, the LED sign illuminates objects that are away from it,
and the Iighting level produced by the sign on a particular object is measured in foot candles. For
example, persons viewing the signs from a particular location will have a certain foot candle level falling
on their eyes due to the Iight rays emitted by the sign and other ambient Iight ht sources. So while nits
measures the amount of light a sign is emitting, foot candles measures the amount of light being added
to the ambient environment.
The current industry standard for measuring LED sign brightness in Foot candles comes from
recommendations in the Lewin Lighting Report. This report developed a method for specification of
brightness limits for LED signs based on accepted practice by the Illuminating Engineering Society of
North America (IESNA). The report established criteria for brightness limits based on billboard-to-viewer
measurements for standardized billboard categories. The recommended brightness level is 0.3 Foot
candles above ambient light conditions. Illuminance can be measured simply by using a Foot candle
meter held at a height of approximately five feet and aimed towards a sign consistent with the sign-to-
vievverdistance.AreadingofnomorethenO.3Footoand|esaboveambient|ightconditionsvvou}d
indicate compliance.
DAKTRUONICUS
2014 MEETING CALENDAR AND APPLICATIOn DEADLINES
APPLICATION DEADLINE
for Public Hearings: Rezonings,
Subdivisions, Preliminary Plats,
Conditional Use Permits, Comp
Plan Amendments, Interim Use
Permits
Wednesday, 9 :00 a. In.
December 20, 2013
January 8, 2014
January 22, 2014
February 5, 2014
February 19, 2014
March 5, 2014
March 19, 2014
April 9, 2014
April 23, 2014
May 7, 2014
May 21, 2014
June 18, 2014
July 9, 2014
July 23, 2014
August 6, 2014
August 20, 2014
September 3, 2014
September 17, 2014
October 8, 2014
November 5, 2014
November 19, 2014
* Odd date due to Holiday occurrence.
** Only one meeting this month.
Meetings are held on the first and third Wednesdays of each month
at 7:00 p.m. at the Apple Valley Municipal Center, 7100 -147 Street West
s: \planning \plancomm \calendars \2014 lnal.doc
APPLE VALLEY PLANNING COMMISSION
APPLICATION DEADLINE MEETING DATE
for Site Plan Reviews,
Variances, Sketch Plans, etc.
Monday, 9:00 a.m.
January 6, 2014
January 27, 2014
February 10, 2014
February 24, 2014
March 10, 2014
March 24, 2014
April 7, 2014
April 28, 2014
May 12, 2014
May 27, 2014*
June 9, 2014
July 7, 2014
July 28, 2014
August 11, 2014
August 25, 2014
September 8, 2014
September 22, 2014
October 6, 2014
fl('t - r 27, /1 11 4
November 24, 2014
December 8, 2014
Wednesday, 7:00 p.m.
January 15, 2014
February 5, 2014
February 19, 2014 .
March 5, 2014 Annual Mtg.
March 19, 2014
April 2, 2014
April 16, 2014
May 7, 2014
May 21, 2014
June 4, 2014
June 18, 2014
July 16, 2014**
August 6, 2014
August 20, 2014
September 3, 2014
September 1.7, 2014
October. 1, 2014
October 15, 2014
November 2014**
1\ V V X111 V `/1 ✓,
December 3, 2014
December 17, 2014