HomeMy WebLinkAbout12/18/2013
Meeting Location: Municipal Center
City of
7100 147th Street West
Apple Valley, Minnesota 55124
DECEMBER 18, 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 DECEMBER 4, 2013
4. CONSENT ITEMS
A. Wehrenberg Variance
(PC13-45-V)
2
LOCATION: 13971 Holyoke Path
PETITIONER: Jeffrey and Cynthia Wehrenberg
5. PUBLIC HEARINGS
--NONE--
6. LAND USE/ACTION ITEMS
A.
Consideration of a
(Institutional) Zoning District to allow for governmental administrative offices, maintenance
(PC13-40-CB)
facility buildings and accessory storage buildings.
LOCATION: City Wide
PETITIONER: City of Apple Valley
B. 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. Review of upcoming schedule and other updates.
8. ADJOURNMENT
NEXT PLANNING COMMISSION MEETINGS
Wednesday, January 15, 2014
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, 2014
Wednesday, February 5, 2014
Regular Scheduled Meeting 7:00 P.M.
-Public hearing applications due by 9:00 a.m. on Wednesday, January 8, 2014
-Site plan, variance applications due by 9:00 a.m. on Monday, January 27, 2014
NEXT CITY COUNCIL MEETINGS
Thursday, December 26, 2013
Regular Scheduled Meeting 7:00 P.M.
Thursday, January 9, 2014
Informal 5:30 P.M.
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.
The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at
7:00
p
CALL TO ORDER
.I11.
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
DECEMBER 4, 2013
Members Present: Tom Melander, Ken Alwin, Paul Scanlan, and Brian Wasserman.
Members Absent: Tim Burke, Keith Diekmann and David Schindler.
Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist,
Planner Kathy Bodmer, Planner Margaret Dykes, Assistant City Engineer David Bennett and
Department Assistant Joan Murphy.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
City Attorney Sharon Hills stated that item 6A would be removed from agenda and will be heard at
the next Planning Commission meeting.
MOTION: Commissioner Alwin moved, seconded by Commissioner Wasserman, approving the
agenda as amended. Ayes - 4 - Nays - 0.
. APPROVAL OF MINUTES NOVEMBER 6, 2013.
Chair Melander asked if there were any changes to the minutes. Hearing none he called for a
motion.
MOTION: Commissioner Wasserman moved, seconded by Commissioner Scanlan, approving
the minutes of the meeting of November 6, 2013. Ayes - 4 - Nays - 0.
4. CONSENT ITEMS
--NONE--
. PUBLIC HEARINGS
A. Amendment to "P" (Institutional) Zoning District — Public hearing to consider
amendments to the "P" (Institutional) Zoning District to allow for governmental administrative
offices, maintenance facility buildings and accessory storage buildings. (PC13-40-CB)
LOCATION: City Wide
PETITIONER: City of Apple Valley
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 4, 2013
Page 2 of 3
Chair Melander opened the public hearing at 7:02 p.m.
Planner Kathy Bodmer stated 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 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 would need to be done before the ordinance is
ready for adoption. The specific elements of the ordinance continue to be discussed and refined.
Discussion followed.
Chair Melander closed the public hearing at 7:11 p.m.
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
(PC13-41-0)
LOCATION: Citywide
PETITIONER: Uponor North America
Item was removed from agenda and tabled to the next Planning Commission meeting.
7. OTHER BUSINESS
A. Approve 2014 Planning Commission Calendar
Community Development Director Bruce Nordquist presented the 2014 meeting calendar and
application deadlines.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 4, 2013
Page 3 of 3
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, to approve the
2014 Planning Commission Calendar. Ayes - 4 - Nays - 0.
B. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next Planning Commission
meeting would take place Wednesday, December 18, 2013, at 7:00 p.m.
8. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander
asked for a motion to adjourn.
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan to adjourn the
meeting at 7:15 p.m. Ayes - 4 - Nays - 0.
Respectfully Submitted,
Join Murphy, Planning •e)U1' nt Ass stant
Approved by the Apple Valley Planning Commission on
Agenda Item: 4A
WEHRENBERG FRONT SETBACK VARIANCE
Case Number: PC13-45-V
Staff Reviewer: Margaret Dykes
Petition for:
Definition of
Practical
Difficulties
H:\DEVELOPM\2013 Projects\Wehrenberg Variance\121813 PC report.docx
Applicant: Jeffrey and Cynthia Wehrenberg
Application Date:
December 18, 2013
Variance to reduce the front yard setback from 30' to 25' to construct a 9'x7' covered entry.
Summary of The Wehrenberg residence, located at 13971 Holyoke Path, is zoned "R-3" (Single Family/minimum lot size of
Issues: 11,000 sq. ft.), which requires a front setback of 30'. The subject house is approximately 32' from the front
property line. The house was constructed in 1975 and has a flat front. The applicant wants to construct a
covered entryway over existing entrance measuring approximately 9'x7' (63 sq. ft), which includes an 18" roof
overhang. The covered entry will encroach 5' into the setback. The applicant's contractor states the covered
entryway will provide shelter for the homeowners, as there is currently no cover over the front door. The
covered entry will also help to remedy a safety issue caused by ice buildup on the front steps in winter, as well as
improve drainage. The owner has stated they are replacing the front sidewalk, and will replace the front stairs
because of erosion problems. It does not appear that the covered entry will create traffic visibility problems as
the proposed structure will simply cover existing steps and it will be open on three sides. Additionally, the
covered entry introduces an interesting architectural feature to a flat front.
"Practical difficulties" as used in connection with the granting of the variance is defined as:
* The applicant proposes to use the property in a reasonable manner not permitted by the zoning code;
• The plight of the applicant is due to circumstances unique to the property not created by the applicant; and
• The variance if granted will not alter the essential character of the locality.
Note: Economic considerations alone do not constitute practical difficulties.
Findings for a In order to grant a variance the City considers the following factors to determine whether the applicant
Variance established that there are practical difficulties in complying with the provisions of this Chapter:
1. Special conditions apply to the structure or land in question that are particular to the property and do not
apply generally to other land or structures in the district or vicinity in which the land is located.
2. The granting of the proposed variance will not be contrary to the intent of this chapter.
3. The special conditions or circumstances do not result from the actions of the owner/applicant.
4. The granting of the variance will not merely serve as a convenience to the applicant but is necessary
to alleviate practical difficulties in complying with the zoning provisions of this Code.
5. The variance requested is the minimum variance necessary to alleviate the practical difficulty.
Recommended Though there are no special features related to the land to necessitate the granting of the variance, the proposed
Actions: covered entryway may alleviate problems caused by ice buildup on the front steps. The variance will not
adversely affect neighboring properties and the City's Comprehensive Guide Plan encourages reinvestment in
existing single-family residences to maintain quality housing stock. It is staff's finding that the variance request
meets the requirements of state statutes. Therefore, staff is recommending approval and the following motion:
Recommend approval a variance for the single family residence located at 13971 Holyoke Path
(Lot 17, Block 10, PALOMINO LAKESIDE MEADOWS 2 ADDITION) to reduce the front
yard setback from the required 30' to 25' for a covered entryway measuring 9'x7' as shown on
the submitted plans received on December 4, 2013, to alleviate ice build-up in winter and
prevent erosion around the front entryway, subject to all applicable City codes and standards.
Existing Conditions
Property Location:
Legal Description:
Comprehensive Plan
Designation
Zoning Classification
Existing Platting
Current Land Use
Size:
Topography:
Existing Vegetation
Other Significant
Natural Features
Adjacent
Properties/Land Uses
Attachments: 1. Location Map
2. Comprehensive Plan
3. Zoning Map
WEHRENBERG FRONT SETBACK VARIANCE
PROJECT REVIEW
13971 Holyoke Path
Lot 17, Block 10, PALOMINO LAKESIDE MEADOWS 2 ADDITION
"LD" (Low Density ResidentiaU3-6 units per acre)
"R-3" (Single Family Residential/11,000 sq. ft. minimum lot area
Platted
Single Family Residence
0.38 acres
Relatively flat.
Suburban lawn.
None identified.
NORTH
SOUTH
EAST
WEST
Single Family Residences
Comprehensive Plan
Zoning/Land Use
Single Family Residences
Comprehensive Plan
Zoning/Land Use
Single Family Residences
Comprehensive Plan
Zoning/Land Use
Single Family Residences
Comprehensive Plan
Zoning/Land Use
H:\DEVELOPM\2013 Projects\Wehrenberg Variance\121813 PC report.docx
4. Site Plan
5. Covered Entry Plans
6. Photos of House
"LD" (Low Density Residential/3-6 units per acre
"R-3" (Single Family Res/11,000 si min. lot area
"LD" (Low Density Residential/3-6 units per acre
"R-2" (Single Family Res/18,000 01 min. lot area
"LD" (Low Density ResidentiaU3-6 units per acre
"R-3" (Single Family Res/11,000 sf min. lot area
"LD" (Low Density Residential/3-6 units per acre
"R-3" (Single Family Res/11,000 s.f. min. lot area)
7. Example of Entry
8. Letter from Applicant
WEHRENBERG VARIANCE
LOCATION MAP
WEHRENBER VARIANCE
COMP PLAN MAP
"LD" (Low Density)
WEHRENBERG VARIANCE
ZONING MAP
"R-3" (Single Family Res/
min. lot 11,000 s.f.)
_,D-75S
1252
)
( (_
99
99
vP ir's Certificate
HARRY S. JOHNSON COMPANIES, INC.
AIRLAKE INDUSTRIAL PARK - 8330-220TH STREET WEST
LAKPVILLE, MINNESOTA 55044 PHONE (612) 469-4481
SURVEY FOR
BLOOMINGTON OFFICE - 9001 BLOOMINGTON FREEWAY (35W)
BLOOMINGTON, MINNESOTA 55420 PHONE (612) 884-5341
TJNIBUILT,
1 fr
•
— 2_
INC.
aina, e & Utility
Easement
9
9
And of the location of all buildings, if
any, thereon, and all visible encroachmentE
if any, from or on said land. It also
C) shows the location of a proposed building.
�F - As surveyed by me this 9th day of
Zanuary, 1975.
1.0
I hereby certify that this is a true and
correct representation of a survey of the
boundaries of
Lot 17, Block 10, of proposed PALOMINO
LAKESIDE MEADOWS 2ND ADDITION, accordim
to the plat thereof, Dakota County,
Minnesota.
100 )Denotes proposed elevation
Existino elevations are shown hereon.
* Proposed garage floor elevations
* Proposed front house entry elevations
'eet
Proposed rear house entry elevations
feet
7
SCALE: 1 inch = 30 feet
Edward H. Sunde
Land Surveyor
Reg. No. 8612
design
design
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1 , Vt..,critr or ti til iartninitc Pr:it) artrrift y ftarnoi
1411 prOpOSal letter is to recruest
Int the. allachitinienits..,
11- requ ested relatively rfar inriatantrre. as brietly cieatilbra below ainO. Lubited
We D,..croest a Variance to the front Set-back code allowir the construction ot .an overhang above the
erxisting front stoop and steps of the home, The primary put:loose is - to prevent the build-lay of ice and. snow
on. the str, durir- the winter season and shelter from the rain during the remainder of the year.. It will also
- alleviate an mgoing so•il erosion issue under stoop and sidewaR due to T run-off from the existing
root Th ign wnit 'so enha - =..ce the property's overall appearance in keeph !, with • general custom
style of tile surrounding homes„ The , -posed structure is of the same approximate ilmension &the existing
stoop -rid steps and. will on! eviate from the Front Set-back code,
V ....th Heifer we would a:I:so request that iteddie Serda, Jur general contractor t the prop.ct, , accepted
to repsresent us ai all related meetmgs„
Thara you, ft. r your consi,,,,,eration with this matter„
Wehrenberg
an t o t Niartance tor a, residence tit, 13:i'a i itiorw-itte; it-aunt
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Apple ll
City of Valle
TO: Planning Commission Members
FROM: Kathy Bodrner, Planner
MEETING
DATE: December 18, 2013
SUBJECT: Consider Amendments to "P" (Institutional) Zoning District
Proposed Ordinance Provisions: The following uses would be added to the P district:
1. Definitions: A definition is added for a Governmental Maintenance Facility.
(DA
MEMO
Community Development
The Planning Commission is requested to consider amendments to the "P" (Institutional) zoning
district to address requests received from the School District and other owners of institutionally zoned
property.
The School District needs to relocate a fenced outdoor storage area and fuel dispensing area as a result
of the ISD 196 ECFE building project. 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. Meanwhile, 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. From time to time staff also receives requests from churches to construct small
accessory storage buildings to store lawn maintenance equipment.
The challenge with regulating accessory buildings in the P district is that there are several types of
accessory buildings that are typically associated with parks and athletic fields, including warming
houses, concession stands, restroom facilities and similar facilities. At the same time, the City's
Central Maintenance Facility currently has several buildings that are used for storage of municipal
maintenance vehicles and equipment, police vehicles, salt storage, and the like.
The proposed amendments address the missing uses that are currently located in the P district. In
addition, the proposed ordinance amendments allow for accessory storage buildings while limiting the
number and size of them. One accessory storage building less than 750 sq. ft. would be allowed as a
permitted accessory use. A storage building larger than 750 sq. ft., or a second accessory storage
building, would require a conditional use permit. The maximum size of an accessory storage building
would be limited to 1,400 square feet, except for maintenance facilities. The maximum number of
storage buildings would be two, except as otherwise permitted under the permitted uses section.
2. 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.
3. Accessory Uses:
Concession, restroom, ticket booth, press box, dugouts, score boards and warming house
buildings when directly serving park facilities, recreational facilities or athletic field(s) on
the same site.
One building not larger than 750 square feet in area that is necessary in the operation of any
permitted use within the institutional district.
Fuel dispensing facility in connection with a municipal maintenance or governmental
maintenance facility.
4. Conditional Uses:
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 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.
Requested Action: Staff is recommending that the Planning Commission recommend approval of the
revisions to the "P" (Institutional) zoning district with the following motion:
Recommend approval of the draft ordinance amending Title XV, Chapter 155, of the City
Code, amending Sections 155.03, 155.246, 155.247, and 155.248, regarding the "P"
(Institutional) zoning district.
2
§155.03 Definitions
GOVERNMENTAL MAINTENANCE FACILITY shall mean a buildin s or a ortion
thereof in which a governmental entity, other than the City, 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.
§ 155.246 PERMITTED USES.
0
(GH) Cemeteries including mortuaries;
Proposed Amendments
"P" (Institutional) Zoning District
(EF) Churches, chapels, temples and synagogues;
Draft 12-12-13
'Within any P 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
eration of or directl serves the •ark or sark 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;
(FG) Golf courses, but not including commercially operated driving ranges,
putt" or miniature golf courses;
Pi
ch-and-
(HI) IVIunicipal 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.
(IK) Academies, colleges, junior colleges and universities, including dormitories and
other structures and facilities necessary in the operation of an academy, college or university;
(J1_,) 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 use 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.
Concession restroom ticket booth,press box and wart______g_iouse s and
du outs and score boards when direct' servin ark facilities recreational facilities or
athletic field s on the same site.
D
(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.
F Fuel dis enstn• facili in connection with a munici
1
overrg,..,.miental maintenance facility,.
§ 155.248 CONDITIONAL USES.
Within any P 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.
Draft 12-12-13 2
al maintenance or
(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.
(C) Towers as regulated in § 155.385.
(ID) 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 architecturally
. .
compatible with the principal building, if any, otherwise all buildings shall comply with
exterior finish and materials regulations set forth elsewhere in this Code;
4. No more than two accessory storage buildings shall be permitted on a lot or parcel unless
(E) Outdoor storage of motor vehicles, equi ment or materials in connection with the use
and o )eration of a t overnmental maintenance facilit on the ro ert subject to the followin
conditions:
1. All motor vehicles shall be licensed and have Cnrrcnt re
o eration.
Draft 12-1213
otherwise errnitted in •• 155.246,
3
istration for road
2. All otor vehic es and ized e u i ent shall be o serational and in workin
condition;
All otorized vehicles or equipment shall be stored on an impervious surface; and
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.
This Subsection E shall not a
$
and ocated on c
enforcement duties.
o ned
1
Draft 12 -12 -1 4
o the vehicles i sounded and in the •ossesson of the
n the course of its
ublic safe
and a
City of A pp l e
TO: Planning Commission Members
FROM: Margaret M. Dykes, Planner
MEETING
DATE: December 18, 2013
Request: Uponor North America has requested amendments to the City Code to allow for
electronic message signs integrated into permitted ground and pylon signs.
1
H:\DEVELOPM\2013 Projects\Uponor Sign Code Amendi 8 13.doc
Agenda Item # 6B
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
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 copy area would be increased from 80 sq. ft. to 102 sq. ft. if the electronic
message sign is installed. The maximum sign copy area cannot exceed 110 sq. ft. The proposed
sign plan is attached.
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:
2
H:\DEVELOPM\2013 Projects\Uponor Sign Code Amendment\pcmemo121813.doc
Agenda Item # 6B
• 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. Time & temperature signs may change
every 3 seconds.
• 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
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
Agenda Item # 6B
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.
Staff has discussed the proposed amendments with businesses in Apple Valley that have existing
signs; these signs will not be affected by the draft ordinance unless and until the signs are
replaced. The business owners are comfortable with the proposed code amendments.
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
H:\DEVEWPM\2013 Projects\Uponor Sign Code Amendinent\pememo 121 8 13.doc
3. International Sign Association Report "Recommended Night-time 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 here
adding the following definitions in Section 154.02 to read as fo
SECTION 154.02 DEFINITIONS
ELECTRON' C A GR
graphics, or p
different co racters co
which the characters
LI
which devices may within:
mbinations
o
illumination d
lasma displ
or other monitor screen.
y amended by revising and
sign that electronically displays images,
ut alphanumeric characters, utilizing a display sign area
created by a small number of matrix elements using
odes (LED's), fiber optics, light bulbs or other
area or by transmitted digital copy to the display area
FLASHING SIGN. A ny illuminated sign on which the artificial light is not maintained both
stationary and constant ensity 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.
READERBOA ' 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.
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 requireme
(2) The sign and the structure on w
installed and shall not be a portable sign;
(4) No graphic(s) or pictur
display area
in
(1) Only readerboard signs and electronic mcssage signs are permitted;
2
(7) No changeable sign shall be affixed to the building.
(3) The sign shall not be located with any residential or multiple family
residential district;
resent on the the background sign
(5) If the c hangeable sign is an electronic message sign, the following
requirements shall he m
text or message on thc sign shall be maintained as one color;
e display area shall be maintained as a solid,
(c) Tmessasha1l 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.
(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), (1) and (J) to read as follows:
SECTION 154.05 PROHIBITED SIGNS.
Section 4. Chapl
Section 154.06 (A),
(A) Lighting reg
or traffic c
city.
(C) Revolving beacons, sSequential • d isplay and flashing, flashing copy or II
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 roadwa erations b the state count or cit • or 3 i11uminatin. • devices that
are required to be installed pursuant to federal or state safety regulations.
(J) Electronic graphic display sigw,
3
i ed.
traffic control device or railroad sign or signal, or emergency vehicle signs is pro
(I) Any sign, signal, marking, or device existing ependently or with
illumination on any sign which attempts to direct the movement of traffic or which
from view or interferes with the effectiveness of any official ti iffic control device,
railroad sign or signal is prohibited.
a sign or any
obstructs
street sign or
*c display signs are prohibited.
Apple Valle City Code is hereby amended by revising
ad as follows:
There shall be no flashing signs permitted in any district, except for signs
ol devises in connection with roadway operations by the state, county or
(3) N 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.
copys
( Between sunrise and sunset the maximum luminance of all illuminated
signs shall be seven thousand five hundred (7,500) nits and between sunset and sunrise
the maximum 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 o erator must immediatel turn off the si n or li • htin when notified b the cit
that it is not complying with the standards in this section.
(B) Changeable copy. A maximum of two- thirds of
a freestanding sign may be used for a changeable sign as penriitted herein.
Section 5. Summ
summary marked "Officia
clearly informs the pu
determines that publicatio
intent and effect of the ordin
official summary
ordinance is avai
City Clerk.
ion 6. Fili
e available fo
ap
um
f the in
e
4
(D) Change of sign me-ssage. Upon any e or replacement of a sign r any
OrIS 1 ute a new sign, requiring a new
portion thereof, including the sign's structure, the sign
initial fee, and issuance of a new permit shall be required 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 changcable sign, but does apply to a changeable sign if the
sign structure, design or method of changing co or replaced.
ed. The City ouncil her: y determines that the text of the
of Ordinance No ", a copy of which is attached hereto
ent and effect of the ordinance. The City Council further
titie and such summary will clearly inform the public of the
ity Clerk shall file a copy of this ordinance in her office, which
ection by any persons during regular office hours.
Sec
. Publication e City Clerk shall publish the title of this ordinance and the
the official newspaper of the City with notice that a printed copy of the
able for inspection by any person during regular office hours at the Office of the
Section 8. Effective date. This ordinance shall take effect upon its passage and the
publication of its title and the official summary.
PASSED by the City Council this day of 2013.
area of sign allowed for
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.
A printed copy of the ordinance is available for inspecti
hours in the office of the City Clerk at the Apple Valley Mu
Apple Valley, Minnesota 55124.
6
The following is the official summary of Ordinance No approved e City Council of
Apple Valley on , 2013:
Chapter 154 of the Apple Valley City Code is amended to add reg,ulations regarding
electronic message signs and electronic graphic display signs to revise regulations regarding
changeable sign and illuminated signs, and to amend performance standards for signs in
connection with permissible changeable signs.
el-son during regular office
al Center, 7100 West 147th Street,
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 Hugh s, 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: dan.hughes@uponor.com Web: www.uponor.com
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A COM PI LATION SU M MARY WITH EXTRACTS FROM I N DU STRY REPORTS APRIL 201 I
•
INTRODUCTION
EXECUTIVE
SUMMARY
RECOMMENDED
LANGUAGE
SIX STEPS:
EMC BRIGHTNESS LEVELS
. .4
INTERNATIONAL
SIGN ASSOCIATION
IS1VMV 46,%.
4
Electronic Message Centers (EMi, 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.
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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 hi:using
solely and exclusively on BIG.
EMCs that are too bright at night can be offensive and ineffective. EMC brightness at night is an issue where sign users, the sign industry, 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 scientifically-researched, understandable
recommendations for EMC brightness. Dr. Lewin is a past chair of the Illuminating Engineering Society of North America (TES), 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 O.3jbot 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.
mad.
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.
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.
ISA Electronic Message 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 ° ensuring appropriate brightness,
2) technology utilized to ensure appropriate brightness,
3) recommended brightness standards, and
4) brightness measurement methodology.
. 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:
‘,-; 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.
7:1,41t
0-
n ss 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:
1. 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.
3. 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 displays are designed to
produce sufficient brightness to ensure clear
legibility during daylight hours.
However, daytime brightness settings are
usually inappropriate or night-time viewing.
3. Recom.mend.ed. b Mtness 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 (IES) 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.
it is recommended that EMC's not exceed
O$ footcandles over ambient lighting conditions
when measured at the recommended distance,
based on the EMC
• - - , mips •
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 °flight 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 ($100-1000) and commonly available. The footcandle
meter should be accurate to two decimal points for accurate measurements.
The second method „ luminance, is an absolute 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 of luminance fails to account for ambient light conditions.
4."4944
4".
a
SIGN AREA VERSUS MEASUREMENT DISTANCE
AREA OF SIGN MEASUREMENT
Electronic Message Center (EMC) Criteria: The night-time sq. ft. Distance
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 Measurement
Criteria shall not exceed 0.3 footcandles at night.
C. Dimming Capabilities: All 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.
, . .
10
15
20
25
30
35
40
45
50
55
60
65
70
75
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90
95
100
110
120
130
140
150
160
170
180
190
200
220
240
260
280
30()
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
161
167
173
Ort,4*MIPO
For signs with an area in square feet other than those specifically listed in the table
(i.e., 12 sq fi, 400 s q ft, etc), the measurement distance may be calculated with the
Plowing firmula: Measurement Distance = Area of Sign Sq. Ft. x 100
How to Measure the St i:ghtness
o an Electronic Message Center (EMC)
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
footcandle 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 two 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.
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).
...........
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.
vollitingestall0
PREPARE THE DISPLAY FOR TESTING.
, • • • -• -• • • • • • • • •-••••• ••••••-• ••••••-• • • • • • • • • • • •
cr-r-
„.)
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.
s „
•••••,.,,••• ••••: •••••• ••••: •••••••••,,,
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. Ifthe 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 of message, note the range o va ,ues
on the illuminance meter. If the difference between the
readings is less than 0.3 footcandles, then the
brightness o the display is in compliance.
INTERNATIONAL
M SIGN ASSOCIATION
1001 N. FAIRFAX STREET, SUITE 301
ALEXANDRIA, VA 22314
703.836.4012 PH
7038368353 FAX
WSI NS.O
RECOMMENDED NIGHT - TIME BRIGHTNESS LEVELS FOR ON
SE ELECTRONIC MESSAGE CENTERS
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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 ight. 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 li ht 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 sunlight; nor should it be too b ' ht,astheimagewiUbedistortedand
difficult to read. The sign must adjust its brightness over the course of the day. Today's si ns 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 alight
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 si ns were first being developed, manufacturers
spoke about brightness using nits. (candelas per meter squared) Nits are a measure of the 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 Ievels to meet
local codes.
Nits, however, are not a particularly useful measurement for governments to regulate LED signs by. 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 li ht 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.
DAKTRUON0CS
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Even so, some governmental agencies have enacted specific nits requirements in their si ordinances.
If a regulatory body wants 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 judgng the brightness of LED signs by wattage is improper. Watts
explain how much power a sign is using. A traditional si n'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 light. 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 15 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 brightness level, it
will cut down the Iifetime of the 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 si ns. Automatic
dimming possesses the ability to appropriately adjust brightness to ambient light conditions. However, 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 limitations.
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 raysemittedbvthesignandotherembient/ighLsources. 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-
viewer distance. A reading of no more than 0.3 Foot candles above ambient ight conditions would
Indicate compliance.
DAKTRUONICS
City of A PPVealley
TO: Planning Commission Members
FROM: Margaret M. Dykes, Planner
MEETING
DATE: December 18, 2013
Attachments:
1. Information from Holiday Stationstores
1
HADEVELOPM\2013 Projects\Uponor Sign Code Amendment\pcmemo121813 addendurn.doc
Agenda Item # 6B - 1
SUBJECT: Addendum to Agenda Item #6B — Information from Holiday Stationstores
Regarding Proposed Amendments to Chapter 154
MEMO
Community Development Department
Attached for the Planning Commission's information is material submitted by Holiday
Stationstores ("Holiday") regarding proposed changes to the City's sign code ordinance. Holiday is
supportive of the proposed ordinance amendments, but in the future would like the City to consider
allowing signs with graphic messages, which would be considered electronic graphic display signs
under the proposed ordinance. They would also like these signs to change more frequently than
once every 20 minutes if they are located in commercial zoning districts sufficiently distanced from
residential areas.
At this time, Holiday is not formally requesting the City amend the Code to allow for electronic
graphic display signs as they recognize the City is reviewing Uponor's request, which does not
include electronic graphic display signs. Additionally, they recognize this is a significant change
for the City and a more conservative approach is warranted. Holiday is merely providing
information at this time for future consideration. A representative from Holiday is expected to
attend the December 18 meeting to answer questions if there are any. Holiday has been made
aware that the public hearing for this item was held on November 4, 2013.
Recommended Action: No action needed; the material provided by Holiday is informational only.
on Me lander, Chair
City Planning Commission
City of Apple 'Valley
7100 147th St. W.
Apple Valley, MN 55 24
RE: Pr( pwLd amend', erit a owing ccrtronk changeable copy sins
Dear Chair Melander and Members of the City Planning; Commission:
P 0 3
Holiday Stationstores encourages adoption without delay of the proposed ordinance that will allow the
careful and competently regulated Ilse of monothrome, alphanumeric„ and electronic changeable sign
technology by businesses in Apple Valley.
With, the knowledge you ha gained during your discussion of Uponor's request we also encourage the
City to begin discussion of accomrtiodation of compatible, safe and effective use of the newer generation
electronic changeable sign technology, or digital message center that can display messages with graphics
and in color. See the attached "Current Messages on Holiday Stationstore 1\4essage Centers" for
an illustration of this digital technology.
Holiday fully expects any amendment recommended by your staff and adopted will accommodate this
third generation of changeable sign technology (first generation, backlit mechanically changed reader
board; second generation, alphanumeric monochrome electronic sign; third generation, digital message
center) and that it will be carefully and competently crafted to assure compatibility with neighbors as well
as limit distraction of the public.
The cities referenced in your staff report: Burnsvillejdakeville, Eagan, Bloomington and Minneapolis
have adopted ordinances that carefully and successfully regulate the operation of these important business
tools. In some ca,ses, these cities have amended, or are considering amendments to their ordinance after
gaining a comfort level that this technology is not the monster that some have imagined. Holiday operates
digital message centers in compliance with these regulations in four of these cities and will soon begin
operation in Lakeville.
The regulations that these Cities, as we 1 as many others across the State have adopted embody a number
of "Best Practices" that address installation and operation which are described in the attached "Common
Best Practices for Regulation of Digital Message Centers".
A. Operation
These standards are the key to any regulation. If these are carefully drawn it will allow use of the
technology to realize its potential, displaying a series of static messages in a compatible manner, and
prevent the use of the technology to attract attention to the sign and site
The optimum duration of the message, or the frequency the message changes varies from city to city. At
one level it addresses the question of when does a "flashing sign" cease to flash? At the other it is allowing
businesses to use this technology efficiently but safely. Back in 2006, some cities copied the 20 minute
standard from the City of Minnetonka ordinance, an ordinance born out of a lawsuit brought by the
billboard companies related to the much bigger highway billboards. As cities have gained experience with
electronic signs, they have found that amending their ordinances to accommodate effective use of this
technology benefits their businesses while maintaining safety. A number of cities have reduced the
message duration to one measured in seconds rather than minutes.
One of the ways to visualize if an electronic is flashing or changing so quickly to be a distraction is to
consider how far a vehicle and its driver travel between the transition from one display to the next. See
the attached "Distance Travelled Between the Transition of Messages".
The table simply describes how far at different speeds a vehicle travels in one second, and then bow far it
will travel in 12, 15, 30, and 60 seconds. The aerial applies those distances to the roadway to and from our
Stationstore at Cty 42/150th St and Johnny Cake Ridge Rd. For example, under the Burnsville duration of
30 seconds a vehicle vvould, travel 2200 ft on the 50 mph Cty 42, almost the distance between Johnny
Cake Ridge and Pilot Knob before any change in the display occurred. At the 60 second duration adopted
by Lakeville the vehicle would travel 4400 ft, the distance between just beyond Foliage Ave. and Johnny
Cake Ridge Rd. At either of these durations the display is seen as a static display by most drivers and
with the snap transition that is the best practice they will miss the change unless they are looking at the
sign.
Regulating brightness is essential. Digital displays are brightest at noon in bright sunshine and must
automatically step down to nighttime levels when they are at their dimmest. It is essential to have
maximum standards for day and for night expressed both as luminance (NITS) and illuminance (foot
candles), and require and automated dimmer control to maintain, compliance.
B. Prominence
Cities can control the prominence of digital displays by limiting their number on a site, their display area
and the location on a freestanding sign. A display at the top of sign will be more prominent and will be
viewed from a longer distance than a display at the bottom of the sign.
C. Malfunction
2
This has happened very rarely with the over 300 digital displays Holiday has installed but it is important
to anticipate. Lakeville uses an annual license process to expedite and improve the enforcement process if
required.
D. Tiers and Stratification.
Some communities like Lakeville and Minneapolis allow digital displays in industrial and community
level commercial zoning districts but not in neighborhood districts. Some communities allow
monochrome alphanumeric displays in institutional or residential districts where this technology is used
by schools, parks and churches but reserve digital technology for only commercial and industrial districts.
Dist action and Safety
Using these best practices for operation of digital displays also addresses the issues o driver distraction
and safety. Most of the studies have been one on billboards that are typically 25 times the area„ taller and
more prominent than on premise digital display's. No study has found a digital billboard using a static
message display', a snap transition, and a message duration of at least 8 seconds increases the rate of
accidents along the section of roadway where they are located. ylust studies and expert opinions we are
familiar with find the cause of inattention or distraction is most often found within the vehicle — talking
on cell phones, texting or even interaction with passengers, rather than on the roadside.
We have asked our consultant to attend your December 18 rrteeting. He has become knowledgeable about
the regulation and outcomes of accommodating this technology. He will be available to answer your
questions and respond to your comments about this technology.
Thank you for your interest in carefully accommodating this technology in Apple Va ley and a
efficient use of what we have found to be an important tool for our business.
Singe
avid Edquis
Real Estate Mana
cc Margret Dykes, Planner
Cit y of Apple Valley
Common Best Practices for Regulation of Digital Message Centers
A. Operation
1. Character of the message and display. Signs with dynamic display must only contain static and stable
text and/or images. Animated messages or displays or animation as part of any message or display are
prohibited. Other modes of displaying messages, including scrolling, are prohibited. Modes of display
that cause the message to flash are prohibited. (no dancing bananas)
2. Duration of the message. The duration that any message on the display shall remain static is
measured in seconds, not minutes. The interval between serial messages or changes of the display shall
be at least 8, 10, 12, 15, 30, 60 seconds.
3. Transition between messages. The transition from one static and stable display to another must be
direct and immediate without any special effects including fading, wiping and dissolving.
4. Maximum brightness and illumination. Dynamic signs shall be restricted in their illumination and
brightness so that no sign with dynamic display may exceed a maximum illumination of 500 NITS
during the nighttime and 7500 NITS during the daytime. All signs with dynamic displays must be
equipped with a dimmer control or other mechanism that automatically controls the sign's brightness to
comply with this requirements and assure at any time the sign's intensity does not exceed .3 foot
candles above ambient light levels as measured from one hundred (100) feet from the sign's face. If
there is a violation of the brightness standards, the adjustment must be made within one (1) business day
upon notice of noncompliance from the city
B. Prominence
1. Number of dynamic signs. There shall not be more than one (1) dynamic sign located on a zoning lot.
2. Maximum display area of dynamic signs. The sign area of a dynamic display shall not exceed thirty-
two (32) square feet. The area of dynamic signs shall be included in the calculation of the total
permitted sign area.
3. Location on the sign face. The dynamic display must be located on the lowest panel of the sign face.
C. Malfunction
1. Malfunctioning dynamic signs. Signs with dynamic displays must be designed and equipped to freeze
the sign face in one position if a malfunction occurs. Signs with dynamic displays must also be
equipped with a means to immediately discontinue the display if it malfunctions,
2. Operation of a dynamic sign not in compliance with these regulations. The sign owner or operator
must immediately turn off the display within one (1) hour of notification by email from the city that it is
not complying with the standards of this ordinance.
D. Tiers and Stratification
1. By district. Standards can be varied by zoning district — neighborhood, community, corridor, CBEs; or
by special districts — Historic, Design.
2. By Roadway Classification. Standards can be varied by the functional classification — collector,
arterials, etc.
3. By Technology. Standards regulating monochrome alphanumeric electronic signs vary from those
regulating digital message centers that display graphics and colors.
MPH
60
55
50
45
40
35
30
25
20
Distance Travelled Between the Transition of Messages
FT MIN
5280
4839
4390
3960
3520
3080
2640
2200
1860
FT SEC
88
80.6
73.3
66
58.6
51.3
44
36.6
29.3
F1712 SEC
1 056
967.2
879.6
792
703.2
615.6
528
439.2
351.6
FT/15 SEC
1320
1209
1099.5
990
879
769.5
660
549
439.5
FT/30 SEC
2640
2418
2199
1980
1758
1539
1320
1098
879
FT/60 SEC
5280
4836
4398
3960
3516
3078
2640
2196
1758
Messages on Holiday Stationstore Digital Message Centers
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