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99-305UKlG1NAL RESOLUTION Presented Refened To Council File # � ^ � S Green Sheet # o� o�� OF SAINT PAUL, MiNNESOTA 3� Committee Date RESOLUTION TU ADOPT THE SAIIYT ANTHUNY PARS SPECIAL DISTRICT SIGN PI�AN 1 WFIEREAS, the Saint Anthony Park Special District Sign Plan is gresented to the Saint Paul City Council for 2 adoption as provirled in Section 66.216 of the Zoning Code; and 3 WHEREAS, the 5ign Plan is intended ta maintain and enhance the scenic views of downtown Minneapolis, 4 the University of Minnesota, and other unique architectural and natural features visible from the residential and 5 commercial areas and street and highways of Saint Anthony Pazk; and 6 WHBREAS, the Sign Plan is intended to protect investment in Westgate and Energy Park and encourage 7 redevelopment of the Southeast Minneapolis industrial (SEMn azea and other industrial properties in and 8 around Saint Anthony Park in accordance with the standards of planned business pazks; and 9 WHEREAS, the Sign Plan is intended to reduce tt�e clntter and chaotic diversity of signage that impairs the 10 effectiveness of signs identifying businesses and institutions in Saint Anthony Park; and ll WHEREAS, the Sign Plan is intended to create a more desirable and memorable image for Saint Anthony Pazk 12 as the northern and western gateway to Saint Paul; and 13 WHEREAS, the Sign Plan is uttended to ptotect property values in Saint Anthany Park and reflect the pride 14 its residents, businesses and institutions place in the community; now, therefore, be it 15 RE50LVED, that the 5aint AnChony Pazk Special District Sign Plan shall apply to the area defined as foliows: 16 Commencing at the extreme northwest corner of the city, the boundary sha11 extend east along the city 17 limit to Cleveland Avenue, south along the city limit to a point near Como Avanue, and east along the �8 city limit to the center-line of vacated Aldine Street, thence continuing south along the center-line of 9 vacated Aidine Street to the center-line of Wynne Avenue, east along the center-line of Wynne Avenue 0 to the center-line of Snelling Avenue, south along the center-line of Snelling Avenue to the northerly 1 right -of-way line of the Burlington Northern and Sante Fe Railway just south of Energy Pazk Drive, ? westerly along sucb northerly railway right-af-way line to the center-line of Cleveland Avenue extended north along the section line from University Avenue, south along the center-line of Cleveland Avenue extended and Cleveland Avenue to the center-line of Interstate Highway 94, westerly along the cenier- line of Interstate Highway 94 to the westem city limit, and thence north along the city limit to the northwest corner of the City where the boundary line began; and be it RESOLVED, that wiffiin the Saint Anthony Park Special Sia District, signs shali be subject to the following restrictions: (1) No advertising signs shall be pemritted except signs on transit shelters and courtesy benches licensed or franchised by the city; �!9 + 3o E __..�., a product, service or entertainment which is offered, sold or 33 34 35 36 37 3$ 39 44 41 __..,.�u�aa on the premises sha11 not be pernutted, but a roof sign may identify the name, logo and nature of the business carried on in the premises; and be it RESOLVED, signs within the Saint Anthony Pazk Speciai S9gn District which lawfully existed prior to the adoption of this Sign Plan by the City Council, and which would be prohibited, regulated or restricted under the provisions of this Sign Plan ar amendments hereto, may continue to exist as legal nonconforming signs under the provisions of Section 66300, nonconforming signs, of the Zoning Cade, subject to the following additional requirements: (1) 42 43 44 45 46 47 48 (2) 49 50 51 52 53 No nonconfomung sign shall be: (a) altered or enlazged in any way; or (b) replaced by another nonconfornung sign, though a change in the message on a nonconfornung sign wiil not be deemed to be a replacement; or (c) relocated to any other location in the Saint Anthony Pazk Special Sign District; or (d) reconstructed after incurring damage in an amount exceeding 50% of its market value at the time of loss, as determined by the City; or (e) maintained through repiacement of stcucturai elements; or Any nonconfornung sign shali be immediately removed from the Saint Anthony Park Special Sign District at the cost of the owner if: (� it is an irnminene danger to life or property, or (g) it incurs damage in an amount exceeding 50% of its mazket value at the time of loss; or (h) use of such sign has been discontinued for a period of three consecutive months; and be it �4 RFSOLVED, that the Council requests that the Planning Commission review and report back to the Ciry 5 Couneil within six months as to Che use af amortization for removal of billboards in the Saint Anthony Pazk, 5 Grand Avenue, Smith Avenue and Highland Village Special Sign Districts and as to the appropriate 7 amortization period for such uses; and be it RE50LVEB, that the Zoning Administrator shall enforce the provisions of this sign pian as a supplement to Chapter 66, Signs, of the Zoning Code; and be it RESOLVED, that whenever a permit far a sign in the Saint Anthony Pazk Speciai Sign District is required under the provisions of Chapter 66 of the Zoning Code, such pernut shall not be issued unless the plans for the sign have been approved by the Zoning Administrator as in canformance with this Sign Pian; and be it RESOLVED, ffiat buiiding permit applications for signs in the Saint Anthony Pazk Special Sign District shall be submitted to the Zoning Administrator for review and approvai; and be it RESflLVED, that a fee to cover the costs of the review shall be established by resolution of the Ciry Council; tnd be it 9a-3aS ...�� Y��uas submitted for Zoning Administrator approval shall be of sufficient detail to ots demonstrate that the proposed sign complies with the provisions of the 5ign Pian; and be it 69 FURTHER RESOLVED, that the Zoning Adrninistrator shali review the pians within 3� days and notify both 70 the applicant and the Division of Housing and Building Code Enforcement of any decision to approve or 71 disapprove the plans; and be it '72 FINALLY RFSOLVED, that written reasons for deniai shall accompany any decision to disapprove the plans, 73 and any decision by the Zoning Administrator may be appealed to the Planning Commission. 74 Adoption Certified by Council Secretazy By: � a- � t,—� � Approved ayor: Date ��� �� �� By: ���� ����Z�=�jI Requested by Depaztment of: i� Form Approved by City Attorney � Approved by Mayor for Submission to Council � Adopted by Council: Date � p,� � ���q \ °19 -3a5 , `z��-��v V � C� t � ����,� 3--�Y-�� TQTAL # OF SIGNATURE PAGES GREEN SHEET No 62128 u �.,u,.�,.�,� � �,�.. _ ❑ pIYATfOF1EY ❑ Cf1YGiRK ❑ q11111qPl.iFRY1CFSOR. ❑ f�IULIAIfERY(I�GT6 ❑ M ���� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Y1�'��7G� `� � `�hsv <3`�-S�rv� �Yt`�lF�rlc� �-tC S�Lc�Q /��^c���n I�l� U PLANI3ING COMMISSION CIB COMMITTEE CIVII SERVICE CAMMISSION RSONILL SERYICE CONTRACfS MUST ANSWER TiE FOLLAWING QUES7ION5: Has Nis PersoruTrm eHer Noiked untler a contract far Mie depaAmeni7 VES No Nes tnis ae�eaJlrtm evr been a city empbyee9 YES t� Oces Mis pereanlfi�m po6sess a sldU � twrtnallypossessetl by any curtefd aty empbyee? YES NO la tltis persoNfirtn a tmge9etl vendoR YES NO iAL AMOUNT OF TRANSACTtON S COSTIItE1lENUE BUDGETW (CIRCLE CN� YES NO IDIN6 SOURCE ACTNRY NUMBER Nc�u�wioRLw'froHlocvtuN) � 651 2E5 ��74 P.�2i92 ��.mnre�Ulis, ;vf�'d 554�0-�J31G 6iz-gsz.2000 Recember 8, 1998 Ceunciimember 3ay Benenav S#. Paui City Counaif City Fiall Room 3'i0 1b Wesf KeNogg Bau(evard S#. Paul, MN 55102 Dear Counciimember Benenav: `�� -3 os �� ALLr IVA HF.4l'I'Fj $FSTE�S i write to you today as both a def�gate to the St. Anthony Park Cammunity Council as well as a Minnesota business feader to let you know of my support for the St. Anthony Parfc Speciai bi�fric# Sign Pian and to respectfully ask for your support. As a residenf of St. Paul, I am very disturbed by the number of biilboards in our city. gefore moving to St. Paul in 1993, 1[ived most af my life in the Washington, D. C. area where there are s#rict signage cades that, for the most part, han the u5e of biliboards in and around the D.C. region. ft is my personai belief that biiiboards significantly de#raCt from both the be2uty of St_ Paul and the Sfate of Minnesota. Let me acknowiedge that as a marketing execuiive with one ot the State`s largest organizations, i utiliz� billboa�ds as a marketing communications outlef. In fact, I have had a number ot active St. Paul biibpards promoting Medformation's physician referra( service during th� last six months. This is a communications medium which, depending an the message, doss have an impaot in reaching consumers. With the adoption of the St. Anthony Park Speciai District Sign Plan, f very weEt may havs to madify my tnedia planning in the future, WFtiie fhis wouid mean some levei of disruption to Allina Heslfh System, I wi() gladiy do so because I think this type of policy is indeed in the best interest ot St. PauL Furthermora, I would skrongly SuppQrt the adoption of simiiar plans fhroughout the broader Twin Gities metropolitan area, as f believe it would greatiy enhattce the aesthetic beauty of Minnesota. Thank ypu for your consideratian. Sincere3 Christopher Gausey Yce President, M„�ri and Gommunicatipns cc: hteather Worthington, Fateeutive Director, St. Anthony Park Cammunit}r Council ----------- --- --- -- rnrr�� F.��� ��, . �j ��. �A� _ • �j�'{ — 3c�_S F Busi¢eas Association Februa.ry 10, 1999 Councilmember 7ay Benanav Office of the Ciry Council 310 Ciry Hall St. Paul, MN 55102 Deaz Councilmember Benanav: The St. Anthony Pazk Business Association's Boazd of D'uectors voted in support of the St. Anthony Pazk Special District Sign Plan. Thank you fot your support of this proposal. Sincerely, bekah Todd Executive Director Post Office Box 8069 Como Stanon Saint Paul. tilinnesota 55108 Telephone 651.645 2366 ....a. , iv ii N'/!GT University UNITED �� � A COALITION OF MIDWAY CITIZENS AND SUSINE55 December 16, 1998 Heather Worthington Executive Director St. Anthony Community Council 890 Cromwell Avenue Saint Paul. Minnesota 55114 Dear Heather: Rq-�os At it's December 8, 1998 board meeting, Saint Anthony Pazk's Sign Plan was reviewed, discussed and supported by the board of directors. Thank you for considering us for comments in your developments. University UNITED is pleased to offer support to iYs member organizations. Please feel free to call upon if we may be of assistance in the future. Sincerely, University Neighborhood Initia6ves Through Economic Development ��� �� �<�,..�:�� � Irene Rodriguez Executive Director University Neighborhood investment Through Economic Development Spruce Tree Centre • 1600 University Avenue • Suite 4• St Paul MN 551043825 •(672)6475711 • Fan (612y646-2297 �� _ 3 Q.s ST, ANTHONY PARK SIGN PLAN INTENT AND PURPOSE The St. Anthony Park 5pecial District Sign Plan, as provided in Section 66.216 of the Zoning Code, is being adopted to provide sign cantrols thai build upon the unique character and identity of St. Anthony Park. This Sign Pian is intended to (a) maintain and enhance the scenic views of downtown Minneapolis, the University of Minnesota, and other unique architecturai and natural features visible from the residential and commercial areas and streets and highways of St. Anthany Park; (b) protect investment in Westgate and Energy Park and encourage redevelopment of the Southeast Minneapotis industrial (SEMI} area and other industriai properties in and around St. Anthony Park in accordance with the standards of pianned business parks; {c) reduce the clutter and chaotic diversity of signage that impairs the effectiveness of signs identifying businesses and institutions in St. Anthony Park; {d) create a more desirable and memorable image for St. Anthony Park as the northern and western gateway to Saint Paul; and (e) protect propeRy values in St. Anthony Park and reflect the pride its residents, businesses and institutions place in the community. DEFINITIONS AND INTERPRETATION The provisions of this Sign Pian are suppiementary to the provisions of Chapter 68, Signs, of the Zoning Code. The provisions of this Sign Pfan that are more restrictive than provisions of Chapter 66 shall prevail and supersede any conflicting provisions of Chapter 66. All other provisions of Chapter 66 of the Zoning Code shaii continue to apply to signage within the St. Anthony Park Special Sign District. Ail words and terms shaii be defined as in this Sign Pian and in Chapter 66 of the Zoning Code. Provisions that use the word "shall" are mandatory. Provisions that use the word "should" or "recommend" are advisory to carrying out the intent and purpose of this Sign Plan but are not mandatory. SPECIAL SIGN DISTRICT AREA The St. Anthony Park Speciai Distric[ Sign Pfan shall apply to the area defined as follows: Commencing at the extreme northwest corner of the city, the baundary shati extend east along the city limit to Cieveland Avenue, south along the city limit to a point near Como Avenue, and east along the city limit to the center-line of vacated Aidine Street, thence continuing south along the center-line ofvacated Aldine Street to the SAPCC-SignPlan (9875.WPD,4J t 7f8/98 Q9 -�as centerline of Wynne Avenue, east atong the center-fine of Wynne Avenue to the center-line ofi Snei�ing Avenue, south along ihe center-line of Snelling Avenue to the northerly right-of-way line of The Suriington NoRhem and Sante Fe Raiiway just south of Energy Park Drive, westerly afong such northerly raiiway right-of-way line to the center-line of Cleveland Avenue extended north afong the section line from Universiiy Avenue, south along the center-{ine of Cleve{and Avenue extended and Cleveland Avenue to the center-line of interstate Highway 94, westeriy along the center-line of Interstate Higfiway 94 fo the westem city limit, and thence north along the city limit to the northwest comer of the City where the boundary line began. SPECIAL SIGN RESTRICTIONS Within the 8t. Anth�^;� park Special Sign District, signs shall be subject to the following restrictions: (a) Advertising signs shaii not be permitted. (b) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the premises shall not be perrnitted, but a roof sign may identify the name, logo and nature of the business carried on in the premises. NONCONFORMING 51GN5 Signs within the St. Anthony Park Speciai Sign District which lawfully existed prior to the adoption of this Sign Plan by the City Councii, and which wouid be prohibited, regulated or restricted under the provisions of this Sign Pian or amendments hereto, may continue to exist as legai nonconforming signs under the provisions of Section 66.300, nonconfarming signs, of the Zoning Code, subject to the foilowing additionai requirements: (a) No nonconforming sign shall be: (i) aitered or eniarged in any way, or (ii) replaced by another nonconforming sign (but changing the message on the sign shall not be deemed to be a replacement), or (iii) relocated to any other location in the St. Anthony Park Speciai Sign District, or {iv) reconstructed after incurring damage in an amount exceeding 5Q°!o of its market value at the time of loss, as determined by the City, or (v) maintained through repiacement of structural elements. (6) Any nonconforming sign shaii be immediately removed from the St. Anthony Park Speciai Sign District at the cost of the owner: (i) it it is an imminent danger to life or property, or SAPCC - Sign Pian (987S,WPD;4} 1119/98 2 �(`� -�3os (ii) ifi it incurs damage in an amount exceed"+ng 50°h of its market value at the time of loss, or {iii) if use of such sign has been discontinued for a period of three consecutive months. (c) in any event, ali nonconforming signs shail be removed from the St. Anthony Park Special Sign Districf by no later than 10 years after approval of this Sign Plan by the City Councii. ADMINtSTRATiON AND ENFORGEMENT The Zoning Administrator shall enforce the provisions of this Sign Pian as a suppiement to Chapter 66, Signs, of the Zoning Code. 1Nhenever a permit for a sign in the St. Anthony Park Special Sign District is required under the provisions of Chapter 66 of the Zoning Code, such permit shail not be issued uniess the plans for the sign have been approved by the Zoning Administrator as in conformance with this Sign Plan. PROCEDURE Buitding permit appfications for signs in the St. Anthony Park Special Sign District shali be submitted to the Zoning Administrator for review and approval. A fee to cover the costs of the review shali be established by resolution of the City Councii. Pians submitted for Zoning Administrator approval shall be of sufficient detaii to demonstrate that the proposed sign complies with the provisions ofi this 5ign Pian. The Zoning Administrator shall review the plans within 30 days and notify both the applicant and the Division of Housing and Buiiding Code Enforcement of any decision to approve or disapprove the pians. Written reasons for denial shafl accompany any decision to disapprove the ptans. Any decision by the Zoning Administrator may be appealed to the Planning Commission. SAPCC - Sign vian (9s75.VJPD;4) t t/3t38 � � �' n Interdepartmentai Memorandum C1TY OF SAINT PAUL DATE: Febn�ary 3, 2999 TO: Zoning Committee FROM: Nancy Homans �`�- RE: Saint Anthony Park Special Sign Distritt Plan: Amended StaffReport and S1afjRecammendation Introduction On January 6, 1994, the City Council, by resolution, directed the Pianning Commission to consider the proposed Saint Anthony Park Special Sign Distcict Plan and forward its recommendation to the Council by February 24, 1999. The €ollowing is a discussion of the issues raised by the praposal. Legeslative Authority . The Zoning Code provides for the adopYion of comprehensive sign pians (Sec. 66.216}: (a) A comprehensive sign plan mcry be provided for business or industrial premises x�hieh nre not pm•t of a new planned development district ns provided rir secfion 66.213 above, but ivhich oeeripy the entire fi•ontnge on lrro (1) or more ndjacen� block fronts. The inte�n behind rhis provision is !o allotiu and even encouruge e�:tertainnrent centers, .rhoppzng ce��iers, historic distritts nnd olher con�prehenszve devetopments to bsrild upon unique characterislics of certain sections of the ciry so long as the visual Imrdscape created by the plar� is in keeping K�ith the geJaeral intent of this chapten Snch rr plcrn shall be stibT�ritted 1u the plcrnning commissin�z and sl�ull iT�clude the Iocatiorz. size, height, color, lighting orientation, o»erall design justrficaiion, and other informntion ti��hich may be r•easonably rec�uired,for the proper consideration of the matter. (b) Less resh•ictive ns x�el! as more resdrictive provisions lhan specifred in thrs chaptsr nxry he permitted if the sign ureas �r7d densilies for the ptan as a uhole crre in conformit} iritlr the intent af7his chu��ter and ifserc7i exceptiors resuZts in an impJ•oved relationship between the various ports of 1he pinn. (c) A�3�lication shnll be made to the city1 eaamcil consideratio:� in�der d�is provision. Approvcrl mcry be grunted by city council resolution, ufter revieu nnd recumnaendation is n7ude t�y d2e plurzning con�nzission, and anly after• cr public 12eari�tg befrn•e the pdannfng tnnrmi.rsioit crnd the city carmcit. Zaning Committee February 3, 1999 Paoe t�vo �� —3oS District 12 5ign District Proposai In summary, the key eJements of the proposai as submitted by the District 12 Community Councii relate exc3usively to advertising and roof signs and include the foliowing: 1- The district sflall encompass the entire DisYrict 12 pianning distri�t. 2• The goals of ihe district include: {a) Maintain and enhance the scenic views of dawniown Minneapolis, the tTniversity of Minnesota, and other nnique architectural and natural features visible from the residentiai and commercial areas and streets and highways of St. Anthony Pazk. (b) Protect investment in West�ate and £nergy Park and encourage redevetopment of the Southeast Minneapolis Industriai (SEMt) area and other industrial praperties in and around St. Anthony Park in accordance with the standazds of planned business parks. (c) Reduce the clutter and chaotic diversity of signage that impairs the effectiveness of signs identifying businesses and institutions in St. Anthony Pazk. (d} Create a more desirable and memorable image of St. Anthony Parfi as the northern and �aestern gateway to St. Pau1. (e) Protect property values in St. Anthony Park and reflect the pride jts residents, • businesses and institutions place in the community. The major provisions inctude: (a) Advertising signs shall not be permitted in the district. E�isting advertising siens will become legaliy nonconforming signs. ` (b} Roof signs that advertise a product, service or entertainment which is offered, soid or manufactured on the premisses shal! not be pexmitted, but a roof si,n may identify the riame, logo and nature of the business carried oi� in the premises. (c) Nonconfarmin� si�ns may continue to exist subject to requirements ihat they not be aitered, enlarged, replaceci, reiocated or reeonstructed; that they be removed if they pose danger to health and safety, incur si�nificant dama�e or are not used for a period of three consecntive months. (d) Nonconfonninb signs shall be removed fron� the district b}• no later than 1 Q years afler appraval of the sign plan by the City Council. 4. The proposal inctudes procedures and provisions for tlie enforcement of the district requirements. Zoning Committee February 3, 1494 Page three �� -� os Existing Regnlafions Advenising signs (incJading signs on biIlboards, benches, transit stops} are pertnitted in the portions of the disuict zoned B-2, B-3, I•i or I-2, subject to size, height and spacing requirements as follows: Classification Masimum Minimum Maximum Existiag Gross Spacing Height Signs Surface Beriveen (Feet) Area Signs (Sq ft) (Feet) Principai arteria[s 700 1000 37 �/, I-94 H�vy 280 Minor arterials 400 66Q 37 � Cleveland (S of University) , Como (B-2 areas) Energy Park Drive Kasota Raymond University . Vandalia Cotlectors 100 �Qp � , Ellis ' � Hantpden • Issues for Discussion Ban on advertisinQ sions in the distriet. The proposal to not permit additional advertising signs in the district and to niake ail existing signs le�al nonconforming uses: (a) Is consistent with other sign districts in the city (Grand A�•enue, Smitlz Avenue and Highland}; (b) Ts consistent with tl�e Federal Hight��ay $eautification Act that calls upon States to control the erection and maintenance of outdoor advertisine signs in areas adjacent to the Interstate Syste�n and the primary system "in order to protect the public invesLnent in such high��=a}�s, to promote ihe safet} and recreational value of public travel and to preser�re natural beauty". (c) Is similar to ordinances in other cities (e.g. Seattle and 5an Diego) in which courES, including the Supreme Coun in Metromedia, Inc, i, City of San Diego, � 1 � _` Februar}� 3, 19�9 — _ Page four �q _3�s have found that a city's interest in avoiding visual clutter suffices ta justify a prohibition of billboazds. (d) Is provided for in State law (173.20) which states that nothing in Sectioru 173.13- 1?3.231(addressing the regulatiore of advertising signs in othei• than designated scenic areas) shatl be construed Io nbrogate or affect the proti�isions ofarry other law, municipal ordinance, reg:tic�tion, or resotution x�hich is more restrictive concerning udverlising than tlre provisions ofsaid sections 173.13 to 173,23�" hereof or oflhe reg:rlations arlopter� hereunder. State permiis for advertising signs along interstate or priman- highways aze, indeed, subject to local approvai 2. Ban on roof si�ns other than those that identifv the name lo�o and nature nfthP bus�ness carr�ed on tn the nrem�ses Already banned in the Zoning Code are ad�•ertising signs constru�ted on a roof top or to overhan� a roof, except: Replacenients for nonconfom�in� si=ns that are brought into conformance with the size and height requirements of tl�e code and are less ihan 400 square feet in size mar be located on a roof top. Alt such replacement signs may overhang a roof. 66.302 (a)(5) and G63D2(b)(S} , The proposed si,n disirict provisions �rould remove that exception as well as forbid business signs (i.e. those that direcz attention to a business, profession, commodity, sen�ice or entertainment �vhich is conducted. offered, sold or manufactured on the premises upon ti+�hich the si�n is placed) on roofs except those that identify only ihe name, ]ogo and nature of the business carried on in il�e premises. All existing business signs on roofs-e�cepi those tliat identify on}y die name, logo and nature of the business- ��•ould become fe�atly nonconformin�. The applica»fs intention is to curb the installation of si�ns il�at are, in all other respects, advertisin� signs, but are caisidered business signs because ti�ey advertise a product that is sold on the premises (e.g, a billboard advertising liquor located on top of a liquor siore that does not include the name of the liquor store). St is conceivable that such signs ��•ould be located on a roof, but it is equally conceivable that they wotdd be freestanding signs. The proposed pro��ision may be confusiz�g inasmuch as it essentially creates a definition of business signs clifferent fron� that in tlie 5ign Ordinance. It may also not be entirel}� effective in addressing the concern it is intended to address. The Grand Aeenue and 2ai�h]and Special Sign Districts inciude t11e fotlov,�ii�g pro��isions: } Zoning Committee February 3, 1999 Page five � c� - 3 cs Grand Avenue &rsiness signs sho:rlcl clenrly and concisety ident� the businesses on the premises. Tke name of the birsrness should be highlighted,• extra information tends to reduce the impact of the sign. Signs ivhirh advertize a prod��c� anc� include ihe name of the business on the premises 3rpon whirh the sign is placed shall not be permitled Hiehland No more Ihnn 10 percen� of tf:e gross strrface display area of business signs permitted on a tot shall be used for pt•oduct signs which are not integral to the ntrme of the business. Ar•odtrc� signs, bauiness signs w•hich crdvertise a product solci on the premises, should be nvoided. Such signs-which nre often provided by sofi drink, beer or cigaretre contpanies-fail to highlight the important infoi•ma�ion, the be�siness name, and ctirt[er the appearance of the vittage. 3. Remo��ai of Non-conformino Sions The primlry issue raised by the proposal relates to the requirement that nonconforming signs-of ali kinds--be removed from the district �vithin ten years. Four issues aze raised. The 8rst relates to whether the Cit�� intends to adopt a policy of removing existing signs through the process of amorti2ation. Committing ttie City to such a strateey is a more signifscant policy decision than �+�as em�isioned by the Zonin� Code provisions establishino special ssan districts and, therefore, merits carefu( rerien•. In recent weeks, the Councif's Legislative Advisorp Committee has recommended against the use �of amortizatio� and has placed tlse question into the hands of tl�e Planning Commission and City Cauncil for resolution. A recommendation is now being forn�ed b}• the Planning Commission and is, as a result, not }�et before ihe City Cauncil for discussion and final resolution. 2. 'flse second issete relates to the legality of depending on amortizaTion as a means of compensation on federal interstate highways and primary roadways. Since l 975, federal la�v has reqcaired cash compensation for the required removai of nonconforming billboards alon� federal inter-state and primary highways (I-9� 1nd H��}� 2S0), re�ardiess of ivhether the billboard's nonconforming status is the resuit of federal law or some other governmental action. 3. The ihird issue relates to �a�hether the City, should it decide ro pursue a strategy af �morti��tion az local roadways, shoutd make findin�s related to the appropriate a�nortization period, "Phe proposed special si��n district does not make any such fiRCiltlrS. - Zoning Committee q�_�os February 3, 1999 Page six The decision to pursue a suategy of amortization an local roadways (University Avenue, Como Bou3evard, Raymond Avenue, Cleve3and Avenue) is a matter of local discretion and wou(d require careful }ustification of the amortization period. The City Attomey has advised that "if the amortization period was found to be lacking and therefor•e constittrted a Yaking' of private property without just compensution tivhich is prohibited under the Fifth Amendment of the United States Consritution ¢s well as Minnesota Constiturion Article l, Section 13, rhe Ciry would be exposed to s:rbstantial money damages." A related issue concems the status of (3niversity Avenue. VJhile State officials have indicated that, with the recent transfer of University Ar•enue from State to County }urisdiction, amortization became a maiter of LocaI discretion, industry representatives contend that since the billboazds were erected when the roadway received State aid, they continue to be protected by the provisions of the federai !aw thai require cash �ompensation for the removal of signs on primary fughways. Additional legal opinions have been requested. Finatly, the proposed sign district calls for the removai of all non-conforming signs (not just advertising signs) within ten years. Presumably, there are signs in the district that became non-conforming, because of their size or height, for instance. when the City's sign ordinance was adopted. The City does not presently have records on all the signs in the district in order to establish their non-conforming status and ensure their removai. Staff Recommendation Staff recommends: Approval of the St. Anthony Park Special Sign District with the following amendments: � 1. V T•( � r . �.- `�, �� � ����� ���J Replaee the provision related to roof signs �vith the foliowing: 13usiness signs sho:rld clearly and concisely identify the business(es) on the premises. The nanze of tlze b:rsiness should be hightighted. A'o »�nre tha 0 percem of the gross sur fnce displuy ut•ca of bzrsiness sig�u permit�ecl n ot shnll be zrserl pr•oc�uct signs i��hich ure not inlegral to the name ofthe business. Delete the provision related to the removai of nonconformin� signs untii such time that the City Council has addressed the issues related to amortization and �dopted it as a strate�y for advertising sign remo��al, rrsaking tl�e appropriate findin�s to support its decision. Enclosure uR�G1NAL RESOLUTION CITY �AINT PAUL, M{NNESQTA Presented Refened To Council File # g � Green Sheet # � � a� �� 30 Committee Date 1 WHEREAS, on November 16,1998 the St. Anthony Park Community Council submitted to the Saint Pau1 City 2 Council a proposal for a Special Sign District under the provisions of Section 66.216 of the Saint Paul 3 Legislative Code; and 4 WF�REAS, on January 6, 1999 the Saint Paul City Council forwarded the proposal to the Plazming 5 Commission for its recommendation; and 6 WHEREAS, the Zoning Comznittee of the Planning Commission held a public hearing on February 4, 1999 7 after posting the required notice in the St. Paul Pioneer Press; and 8 VJI�REAS, on Febniary 24, 1999 the Saint Paul Plannittg Commission submitted its recommendafion to the 9 Saint Paui City Council; and 10 WHEREAS, Section 66.216 requires that the City Council also hold a public hearing prior to granting approval 11 of the application for a special sign district; no 12 RESOLVED, that the City Cow 13 Community Council for a Special 14 Chambers. hold a public hearing on the proposal by the St. Anthony Park trict on Wednesday, Mazch 24,1999 at 5:3 Q p.m. in the City Council Adoption Certified by Council Secretary By: _ U \ � ��.2 `------._— Approved by Mayot: Date Requested by Departrnent oE � Form ApQroved by City Attomey � Approved by Mayor for Submission to Council � � Adopted by Council: Date `�S '?� ��q� UKlG1NAL RESOLUTION Presented Refened To Council File # � ^ � S Green Sheet # o� o�� OF SAINT PAUL, MiNNESOTA 3� Committee Date RESOLUTION TU ADOPT THE SAIIYT ANTHUNY PARS SPECIAL DISTRICT SIGN PI�AN 1 WFIEREAS, the Saint Anthony Park Special District Sign Plan is gresented to the Saint Paul City Council for 2 adoption as provirled in Section 66.216 of the Zoning Code; and 3 WHEREAS, the 5ign Plan is intended ta maintain and enhance the scenic views of downtown Minneapolis, 4 the University of Minnesota, and other unique architectural and natural features visible from the residential and 5 commercial areas and street and highways of Saint Anthony Pazk; and 6 WHBREAS, the Sign Plan is intended to protect investment in Westgate and Energy Park and encourage 7 redevelopment of the Southeast Minneapolis industrial (SEMn azea and other industrial properties in and 8 around Saint Anthony Park in accordance with the standards of planned business pazks; and 9 WHEREAS, the Sign Plan is intended to reduce tt�e clntter and chaotic diversity of signage that impairs the 10 effectiveness of signs identifying businesses and institutions in Saint Anthony Park; and ll WHEREAS, the Sign Plan is intended to create a more desirable and memorable image for Saint Anthony Pazk 12 as the northern and western gateway to Saint Paul; and 13 WHEREAS, the Sign Plan is uttended to ptotect property values in Saint Anthany Park and reflect the pride 14 its residents, businesses and institutions place in the community; now, therefore, be it 15 RE50LVED, that the 5aint AnChony Pazk Special District Sign Plan shall apply to the area defined as foliows: 16 Commencing at the extreme northwest corner of the city, the boundary sha11 extend east along the city 17 limit to Cleveland Avenue, south along the city limit to a point near Como Avanue, and east along the �8 city limit to the center-line of vacated Aldine Street, thence continuing south along the center-line of 9 vacated Aidine Street to the center-line of Wynne Avenue, east along the center-line of Wynne Avenue 0 to the center-line of Snelling Avenue, south along the center-line of Snelling Avenue to the northerly 1 right -of-way line of the Burlington Northern and Sante Fe Railway just south of Energy Pazk Drive, ? westerly along sucb northerly railway right-af-way line to the center-line of Cleveland Avenue extended north along the section line from University Avenue, south along the center-line of Cleveland Avenue extended and Cleveland Avenue to the center-line of Interstate Highway 94, westerly along the cenier- line of Interstate Highway 94 to the westem city limit, and thence north along the city limit to the northwest corner of the City where the boundary line began; and be it RESOLVED, that wiffiin the Saint Anthony Park Special Sia District, signs shali be subject to the following restrictions: (1) No advertising signs shall be pemritted except signs on transit shelters and courtesy benches licensed or franchised by the city; �!9 + 3o E __..�., a product, service or entertainment which is offered, sold or 33 34 35 36 37 3$ 39 44 41 __..,.�u�aa on the premises sha11 not be pernutted, but a roof sign may identify the name, logo and nature of the business carried on in the premises; and be it RESOLVED, signs within the Saint Anthony Pazk Speciai S9gn District which lawfully existed prior to the adoption of this Sign Plan by the City Council, and which would be prohibited, regulated or restricted under the provisions of this Sign Plan ar amendments hereto, may continue to exist as legal nonconforming signs under the provisions of Section 66300, nonconforming signs, of the Zoning Cade, subject to the following additional requirements: (1) 42 43 44 45 46 47 48 (2) 49 50 51 52 53 No nonconfomung sign shall be: (a) altered or enlazged in any way; or (b) replaced by another nonconfornung sign, though a change in the message on a nonconfornung sign wiil not be deemed to be a replacement; or (c) relocated to any other location in the Saint Anthony Pazk Special Sign District; or (d) reconstructed after incurring damage in an amount exceeding 50% of its market value at the time of loss, as determined by the City; or (e) maintained through repiacement of stcucturai elements; or Any nonconfornung sign shali be immediately removed from the Saint Anthony Park Special Sign District at the cost of the owner if: (� it is an irnminene danger to life or property, or (g) it incurs damage in an amount exceeding 50% of its mazket value at the time of loss; or (h) use of such sign has been discontinued for a period of three consecutive months; and be it �4 RFSOLVED, that the Council requests that the Planning Commission review and report back to the Ciry 5 Couneil within six months as to Che use af amortization for removal of billboards in the Saint Anthony Pazk, 5 Grand Avenue, Smith Avenue and Highland Village Special Sign Districts and as to the appropriate 7 amortization period for such uses; and be it RE50LVEB, that the Zoning Administrator shall enforce the provisions of this sign pian as a supplement to Chapter 66, Signs, of the Zoning Code; and be it RESOLVED, that whenever a permit far a sign in the Saint Anthony Pazk Speciai Sign District is required under the provisions of Chapter 66 of the Zoning Code, such pernut shall not be issued unless the plans for the sign have been approved by the Zoning Administrator as in canformance with this Sign Pian; and be it RESOLVED, ffiat buiiding permit applications for signs in the Saint Anthony Pazk Special Sign District shall be submitted to the Zoning Administrator for review and approvai; and be it RESflLVED, that a fee to cover the costs of the review shall be established by resolution of the Ciry Council; tnd be it 9a-3aS ...�� Y��uas submitted for Zoning Administrator approval shall be of sufficient detail to ots demonstrate that the proposed sign complies with the provisions of the 5ign Pian; and be it 69 FURTHER RESOLVED, that the Zoning Adrninistrator shali review the pians within 3� days and notify both 70 the applicant and the Division of Housing and Building Code Enforcement of any decision to approve or 71 disapprove the plans; and be it '72 FINALLY RFSOLVED, that written reasons for deniai shall accompany any decision to disapprove the plans, 73 and any decision by the Zoning Administrator may be appealed to the Planning Commission. 74 Adoption Certified by Council Secretazy By: � a- � t,—� � Approved ayor: Date ��� �� �� By: ���� ����Z�=�jI Requested by Depaztment of: i� Form Approved by City Attorney � Approved by Mayor for Submission to Council � Adopted by Council: Date � p,� � ���q \ °19 -3a5 , `z��-��v V � C� t � ����,� 3--�Y-�� TQTAL # OF SIGNATURE PAGES GREEN SHEET No 62128 u �.,u,.�,.�,� � �,�.. _ ❑ pIYATfOF1EY ❑ Cf1YGiRK ❑ q11111qPl.iFRY1CFSOR. ❑ f�IULIAIfERY(I�GT6 ❑ M ���� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Y1�'��7G� `� � `�hsv <3`�-S�rv� �Yt`�lF�rlc� �-tC S�Lc�Q /��^c���n I�l� U PLANI3ING COMMISSION CIB COMMITTEE CIVII SERVICE CAMMISSION RSONILL SERYICE CONTRACfS MUST ANSWER TiE FOLLAWING QUES7ION5: Has Nis PersoruTrm eHer Noiked untler a contract far Mie depaAmeni7 VES No Nes tnis ae�eaJlrtm evr been a city empbyee9 YES t� Oces Mis pereanlfi�m po6sess a sldU � twrtnallypossessetl by any curtefd aty empbyee? YES NO la tltis persoNfirtn a tmge9etl vendoR YES NO iAL AMOUNT OF TRANSACTtON S COSTIItE1lENUE BUDGETW (CIRCLE CN� YES NO IDIN6 SOURCE ACTNRY NUMBER Nc�u�wioRLw'froHlocvtuN) � 651 2E5 ��74 P.�2i92 ��.mnre�Ulis, ;vf�'d 554�0-�J31G 6iz-gsz.2000 Recember 8, 1998 Ceunciimember 3ay Benenav S#. Paui City Counaif City Fiall Room 3'i0 1b Wesf KeNogg Bau(evard S#. Paul, MN 55102 Dear Counciimember Benenav: `�� -3 os �� ALLr IVA HF.4l'I'Fj $FSTE�S i write to you today as both a def�gate to the St. Anthony Park Cammunity Council as well as a Minnesota business feader to let you know of my support for the St. Anthony Parfc Speciai bi�fric# Sign Pian and to respectfully ask for your support. As a residenf of St. Paul, I am very disturbed by the number of biilboards in our city. gefore moving to St. Paul in 1993, 1[ived most af my life in the Washington, D. C. area where there are s#rict signage cades that, for the most part, han the u5e of biliboards in and around the D.C. region. ft is my personai belief that biiiboards significantly de#raCt from both the be2uty of St_ Paul and the Sfate of Minnesota. Let me acknowiedge that as a marketing execuiive with one ot the State`s largest organizations, i utiliz� billboa�ds as a marketing communications outlef. In fact, I have had a number ot active St. Paul biibpards promoting Medformation's physician referra( service during th� last six months. This is a communications medium which, depending an the message, doss have an impaot in reaching consumers. With the adoption of the St. Anthony Park Speciai District Sign Plan, f very weEt may havs to madify my tnedia planning in the future, WFtiie fhis wouid mean some levei of disruption to Allina Heslfh System, I wi() gladiy do so because I think this type of policy is indeed in the best interest ot St. PauL Furthermora, I would skrongly SuppQrt the adoption of simiiar plans fhroughout the broader Twin Gities metropolitan area, as f believe it would greatiy enhattce the aesthetic beauty of Minnesota. Thank ypu for your consideratian. Sincere3 Christopher Gausey Yce President, M„�ri and Gommunicatipns cc: hteather Worthington, Fateeutive Director, St. Anthony Park Cammunit}r Council ----------- --- --- -- rnrr�� F.��� ��, . �j ��. �A� _ • �j�'{ — 3c�_S F Busi¢eas Association Februa.ry 10, 1999 Councilmember 7ay Benanav Office of the Ciry Council 310 Ciry Hall St. Paul, MN 55102 Deaz Councilmember Benanav: The St. Anthony Pazk Business Association's Boazd of D'uectors voted in support of the St. Anthony Pazk Special District Sign Plan. Thank you fot your support of this proposal. Sincerely, bekah Todd Executive Director Post Office Box 8069 Como Stanon Saint Paul. tilinnesota 55108 Telephone 651.645 2366 ....a. , iv ii N'/!GT University UNITED �� � A COALITION OF MIDWAY CITIZENS AND SUSINE55 December 16, 1998 Heather Worthington Executive Director St. Anthony Community Council 890 Cromwell Avenue Saint Paul. Minnesota 55114 Dear Heather: Rq-�os At it's December 8, 1998 board meeting, Saint Anthony Pazk's Sign Plan was reviewed, discussed and supported by the board of directors. Thank you for considering us for comments in your developments. University UNITED is pleased to offer support to iYs member organizations. Please feel free to call upon if we may be of assistance in the future. Sincerely, University Neighborhood Initia6ves Through Economic Development ��� �� �<�,..�:�� � Irene Rodriguez Executive Director University Neighborhood investment Through Economic Development Spruce Tree Centre • 1600 University Avenue • Suite 4• St Paul MN 551043825 •(672)6475711 • Fan (612y646-2297 �� _ 3 Q.s ST, ANTHONY PARK SIGN PLAN INTENT AND PURPOSE The St. Anthony Park 5pecial District Sign Plan, as provided in Section 66.216 of the Zoning Code, is being adopted to provide sign cantrols thai build upon the unique character and identity of St. Anthony Park. This Sign Pian is intended to (a) maintain and enhance the scenic views of downtown Minneapolis, the University of Minnesota, and other unique architecturai and natural features visible from the residential and commercial areas and streets and highways of St. Anthany Park; (b) protect investment in Westgate and Energy Park and encourage redevelopment of the Southeast Minneapotis industrial (SEMI} area and other industriai properties in and around St. Anthony Park in accordance with the standards of pianned business parks; {c) reduce the clutter and chaotic diversity of signage that impairs the effectiveness of signs identifying businesses and institutions in St. Anthony Park; {d) create a more desirable and memorable image for St. Anthony Park as the northern and western gateway to Saint Paul; and (e) protect propeRy values in St. Anthony Park and reflect the pride its residents, businesses and institutions place in the community. DEFINITIONS AND INTERPRETATION The provisions of this Sign Pian are suppiementary to the provisions of Chapter 68, Signs, of the Zoning Code. The provisions of this Sign Pfan that are more restrictive than provisions of Chapter 66 shall prevail and supersede any conflicting provisions of Chapter 66. All other provisions of Chapter 66 of the Zoning Code shaii continue to apply to signage within the St. Anthony Park Special Sign District. Ail words and terms shaii be defined as in this Sign Pian and in Chapter 66 of the Zoning Code. Provisions that use the word "shall" are mandatory. Provisions that use the word "should" or "recommend" are advisory to carrying out the intent and purpose of this Sign Plan but are not mandatory. SPECIAL SIGN DISTRICT AREA The St. Anthony Park Speciai Distric[ Sign Pfan shall apply to the area defined as follows: Commencing at the extreme northwest corner of the city, the baundary shati extend east along the city limit to Cieveland Avenue, south along the city limit to a point near Como Avenue, and east along the city limit to the center-line of vacated Aidine Street, thence continuing south along the center-line ofvacated Aldine Street to the SAPCC-SignPlan (9875.WPD,4J t 7f8/98 Q9 -�as centerline of Wynne Avenue, east atong the center-fine of Wynne Avenue to the center-line ofi Snei�ing Avenue, south along ihe center-line of Snelling Avenue to the northerly right-of-way line of The Suriington NoRhem and Sante Fe Raiiway just south of Energy Park Drive, westerly afong such northerly raiiway right-of-way line to the center-line of Cleveland Avenue extended north afong the section line from Universiiy Avenue, south along the center-{ine of Cleve{and Avenue extended and Cleveland Avenue to the center-line of interstate Highway 94, westeriy along the center-line of Interstate Higfiway 94 fo the westem city limit, and thence north along the city limit to the northwest comer of the City where the boundary line began. SPECIAL SIGN RESTRICTIONS Within the 8t. Anth�^;� park Special Sign District, signs shall be subject to the following restrictions: (a) Advertising signs shaii not be permitted. (b) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the premises shall not be perrnitted, but a roof sign may identify the name, logo and nature of the business carried on in the premises. NONCONFORMING 51GN5 Signs within the St. Anthony Park Speciai Sign District which lawfully existed prior to the adoption of this Sign Plan by the City Councii, and which wouid be prohibited, regulated or restricted under the provisions of this Sign Pian or amendments hereto, may continue to exist as legai nonconforming signs under the provisions of Section 66.300, nonconfarming signs, of the Zoning Code, subject to the foilowing additionai requirements: (a) No nonconforming sign shall be: (i) aitered or eniarged in any way, or (ii) replaced by another nonconforming sign (but changing the message on the sign shall not be deemed to be a replacement), or (iii) relocated to any other location in the St. Anthony Park Speciai Sign District, or {iv) reconstructed after incurring damage in an amount exceeding 5Q°!o of its market value at the time of loss, as determined by the City, or (v) maintained through repiacement of structural elements. (6) Any nonconforming sign shaii be immediately removed from the St. Anthony Park Speciai Sign District at the cost of the owner: (i) it it is an imminent danger to life or property, or SAPCC - Sign Pian (987S,WPD;4} 1119/98 2 �(`� -�3os (ii) ifi it incurs damage in an amount exceed"+ng 50°h of its market value at the time of loss, or {iii) if use of such sign has been discontinued for a period of three consecutive months. (c) in any event, ali nonconforming signs shail be removed from the St. Anthony Park Special Sign Districf by no later than 10 years after approval of this Sign Plan by the City Councii. ADMINtSTRATiON AND ENFORGEMENT The Zoning Administrator shall enforce the provisions of this Sign Pian as a suppiement to Chapter 66, Signs, of the Zoning Code. 1Nhenever a permit for a sign in the St. Anthony Park Special Sign District is required under the provisions of Chapter 66 of the Zoning Code, such permit shail not be issued uniess the plans for the sign have been approved by the Zoning Administrator as in conformance with this Sign Plan. PROCEDURE Buitding permit appfications for signs in the St. Anthony Park Special Sign District shali be submitted to the Zoning Administrator for review and approval. A fee to cover the costs of the review shali be established by resolution of the City Councii. Pians submitted for Zoning Administrator approval shall be of sufficient detaii to demonstrate that the proposed sign complies with the provisions ofi this 5ign Pian. The Zoning Administrator shall review the plans within 30 days and notify both the applicant and the Division of Housing and Buiiding Code Enforcement of any decision to approve or disapprove the pians. Written reasons for denial shafl accompany any decision to disapprove the ptans. Any decision by the Zoning Administrator may be appealed to the Planning Commission. SAPCC - Sign vian (9s75.VJPD;4) t t/3t38 � � �' n Interdepartmentai Memorandum C1TY OF SAINT PAUL DATE: Febn�ary 3, 2999 TO: Zoning Committee FROM: Nancy Homans �`�- RE: Saint Anthony Park Special Sign Distritt Plan: Amended StaffReport and S1afjRecammendation Introduction On January 6, 1994, the City Council, by resolution, directed the Pianning Commission to consider the proposed Saint Anthony Park Special Sign Distcict Plan and forward its recommendation to the Council by February 24, 1999. The €ollowing is a discussion of the issues raised by the praposal. Legeslative Authority . The Zoning Code provides for the adopYion of comprehensive sign pians (Sec. 66.216}: (a) A comprehensive sign plan mcry be provided for business or industrial premises x�hieh nre not pm•t of a new planned development district ns provided rir secfion 66.213 above, but ivhich oeeripy the entire fi•ontnge on lrro (1) or more ndjacen� block fronts. The inte�n behind rhis provision is !o allotiu and even encouruge e�:tertainnrent centers, .rhoppzng ce��iers, historic distritts nnd olher con�prehenszve devetopments to bsrild upon unique characterislics of certain sections of the ciry so long as the visual Imrdscape created by the plar� is in keeping K�ith the geJaeral intent of this chapten Snch rr plcrn shall be stibT�ritted 1u the plcrnning commissin�z and sl�ull iT�clude the Iocatiorz. size, height, color, lighting orientation, o»erall design justrficaiion, and other informntion ti��hich may be r•easonably rec�uired,for the proper consideration of the matter. (b) Less resh•ictive ns x�el! as more resdrictive provisions lhan specifred in thrs chaptsr nxry he permitted if the sign ureas �r7d densilies for the ptan as a uhole crre in conformit} iritlr the intent af7his chu��ter and ifserc7i exceptiors resuZts in an impJ•oved relationship between the various ports of 1he pinn. (c) A�3�lication shnll be made to the city1 eaamcil consideratio:� in�der d�is provision. Approvcrl mcry be grunted by city council resolution, ufter revieu nnd recumnaendation is n7ude t�y d2e plurzning con�nzission, and anly after• cr public 12eari�tg befrn•e the pdannfng tnnrmi.rsioit crnd the city carmcit. Zaning Committee February 3, 1999 Paoe t�vo �� —3oS District 12 5ign District Proposai In summary, the key eJements of the proposai as submitted by the District 12 Community Councii relate exc3usively to advertising and roof signs and include the foliowing: 1- The district sflall encompass the entire DisYrict 12 pianning distri�t. 2• The goals of ihe district include: {a) Maintain and enhance the scenic views of dawniown Minneapolis, the tTniversity of Minnesota, and other nnique architectural and natural features visible from the residentiai and commercial areas and streets and highways of St. Anthony Pazk. (b) Protect investment in West�ate and £nergy Park and encourage redevetopment of the Southeast Minneapolis Industriai (SEMt) area and other industrial praperties in and around St. Anthony Park in accordance with the standazds of planned business parks. (c) Reduce the clutter and chaotic diversity of signage that impairs the effectiveness of signs identifying businesses and institutions in St. Anthony Pazk. (d} Create a more desirable and memorable image of St. Anthony Parfi as the northern and �aestern gateway to St. Pau1. (e) Protect property values in St. Anthony Park and reflect the pride jts residents, • businesses and institutions place in the community. The major provisions inctude: (a) Advertising signs shall not be permitted in the district. E�isting advertising siens will become legaliy nonconforming signs. ` (b} Roof signs that advertise a product, service or entertainment which is offered, soid or manufactured on the premisses shal! not be pexmitted, but a roof si,n may identify the riame, logo and nature of the business carried oi� in the premises. (c) Nonconfarmin� si�ns may continue to exist subject to requirements ihat they not be aitered, enlarged, replaceci, reiocated or reeonstructed; that they be removed if they pose danger to health and safety, incur si�nificant dama�e or are not used for a period of three consecntive months. (d) Nonconfonninb signs shall be removed fron� the district b}• no later than 1 Q years afler appraval of the sign plan by the City Council. 4. The proposal inctudes procedures and provisions for tlie enforcement of the district requirements. Zoning Committee February 3, 1494 Page three �� -� os Existing Regnlafions Advenising signs (incJading signs on biIlboards, benches, transit stops} are pertnitted in the portions of the disuict zoned B-2, B-3, I•i or I-2, subject to size, height and spacing requirements as follows: Classification Masimum Minimum Maximum Existiag Gross Spacing Height Signs Surface Beriveen (Feet) Area Signs (Sq ft) (Feet) Principai arteria[s 700 1000 37 �/, I-94 H�vy 280 Minor arterials 400 66Q 37 � Cleveland (S of University) , Como (B-2 areas) Energy Park Drive Kasota Raymond University . Vandalia Cotlectors 100 �Qp � , Ellis ' � Hantpden • Issues for Discussion Ban on advertisinQ sions in the distriet. The proposal to not permit additional advertising signs in the district and to niake ail existing signs le�al nonconforming uses: (a) Is consistent with other sign districts in the city (Grand A�•enue, Smitlz Avenue and Highland}; (b) Ts consistent with tl�e Federal Hight��ay $eautification Act that calls upon States to control the erection and maintenance of outdoor advertisine signs in areas adjacent to the Interstate Syste�n and the primary system "in order to protect the public invesLnent in such high��=a}�s, to promote ihe safet} and recreational value of public travel and to preser�re natural beauty". (c) Is similar to ordinances in other cities (e.g. Seattle and 5an Diego) in which courES, including the Supreme Coun in Metromedia, Inc, i, City of San Diego, � 1 � _` Februar}� 3, 19�9 — _ Page four �q _3�s have found that a city's interest in avoiding visual clutter suffices ta justify a prohibition of billboazds. (d) Is provided for in State law (173.20) which states that nothing in Sectioru 173.13- 1?3.231(addressing the regulatiore of advertising signs in othei• than designated scenic areas) shatl be construed Io nbrogate or affect the proti�isions ofarry other law, municipal ordinance, reg:tic�tion, or resotution x�hich is more restrictive concerning udverlising than tlre provisions ofsaid sections 173.13 to 173,23�" hereof or oflhe reg:rlations arlopter� hereunder. State permiis for advertising signs along interstate or priman- highways aze, indeed, subject to local approvai 2. Ban on roof si�ns other than those that identifv the name lo�o and nature nfthP bus�ness carr�ed on tn the nrem�ses Already banned in the Zoning Code are ad�•ertising signs constru�ted on a roof top or to overhan� a roof, except: Replacenients for nonconfom�in� si=ns that are brought into conformance with the size and height requirements of tl�e code and are less ihan 400 square feet in size mar be located on a roof top. Alt such replacement signs may overhang a roof. 66.302 (a)(5) and G63D2(b)(S} , The proposed si,n disirict provisions �rould remove that exception as well as forbid business signs (i.e. those that direcz attention to a business, profession, commodity, sen�ice or entertainment �vhich is conducted. offered, sold or manufactured on the premises upon ti+�hich the si�n is placed) on roofs except those that identify only ihe name, ]ogo and nature of the business carried on in il�e premises. All existing business signs on roofs-e�cepi those tliat identify on}y die name, logo and nature of the business- ��•ould become fe�atly nonconformin�. The applica»fs intention is to curb the installation of si�ns il�at are, in all other respects, advertisin� signs, but are caisidered business signs because ti�ey advertise a product that is sold on the premises (e.g, a billboard advertising liquor located on top of a liquor siore that does not include the name of the liquor store). St is conceivable that such signs ��•ould be located on a roof, but it is equally conceivable that they wotdd be freestanding signs. The proposed pro��ision may be confusiz�g inasmuch as it essentially creates a definition of business signs clifferent fron� that in tlie 5ign Ordinance. It may also not be entirel}� effective in addressing the concern it is intended to address. The Grand Aeenue and 2ai�h]and Special Sign Districts inciude t11e fotlov,�ii�g pro��isions: } Zoning Committee February 3, 1999 Page five � c� - 3 cs Grand Avenue &rsiness signs sho:rlcl clenrly and concisety ident� the businesses on the premises. Tke name of the birsrness should be highlighted,• extra information tends to reduce the impact of the sign. Signs ivhirh advertize a prod��c� anc� include ihe name of the business on the premises 3rpon whirh the sign is placed shall not be permitled Hiehland No more Ihnn 10 percen� of tf:e gross strrface display area of business signs permitted on a tot shall be used for pt•oduct signs which are not integral to the ntrme of the business. Ar•odtrc� signs, bauiness signs w•hich crdvertise a product solci on the premises, should be nvoided. Such signs-which nre often provided by sofi drink, beer or cigaretre contpanies-fail to highlight the important infoi•ma�ion, the be�siness name, and ctirt[er the appearance of the vittage. 3. Remo��ai of Non-conformino Sions The primlry issue raised by the proposal relates to the requirement that nonconforming signs-of ali kinds--be removed from the district �vithin ten years. Four issues aze raised. The 8rst relates to whether the Cit�� intends to adopt a policy of removing existing signs through the process of amorti2ation. Committing ttie City to such a strateey is a more signifscant policy decision than �+�as em�isioned by the Zonin� Code provisions establishino special ssan districts and, therefore, merits carefu( rerien•. In recent weeks, the Councif's Legislative Advisorp Committee has recommended against the use �of amortizatio� and has placed tlse question into the hands of tl�e Planning Commission and City Cauncil for resolution. A recommendation is now being forn�ed b}• the Planning Commission and is, as a result, not }�et before ihe City Cauncil for discussion and final resolution. 2. 'flse second issete relates to the legality of depending on amortizaTion as a means of compensation on federal interstate highways and primary roadways. Since l 975, federal la�v has reqcaired cash compensation for the required removai of nonconforming billboards alon� federal inter-state and primary highways (I-9� 1nd H��}� 2S0), re�ardiess of ivhether the billboard's nonconforming status is the resuit of federal law or some other governmental action. 3. The ihird issue relates to �a�hether the City, should it decide ro pursue a strategy af �morti��tion az local roadways, shoutd make findin�s related to the appropriate a�nortization period, "Phe proposed special si��n district does not make any such fiRCiltlrS. - Zoning Committee q�_�os February 3, 1999 Page six The decision to pursue a suategy of amortization an local roadways (University Avenue, Como Bou3evard, Raymond Avenue, Cleve3and Avenue) is a matter of local discretion and wou(d require careful }ustification of the amortization period. The City Attomey has advised that "if the amortization period was found to be lacking and therefor•e constittrted a Yaking' of private property without just compensution tivhich is prohibited under the Fifth Amendment of the United States Consritution ¢s well as Minnesota Constiturion Article l, Section 13, rhe Ciry would be exposed to s:rbstantial money damages." A related issue concems the status of (3niversity Avenue. VJhile State officials have indicated that, with the recent transfer of University Ar•enue from State to County }urisdiction, amortization became a maiter of LocaI discretion, industry representatives contend that since the billboazds were erected when the roadway received State aid, they continue to be protected by the provisions of the federai !aw thai require cash �ompensation for the removal of signs on primary fughways. Additional legal opinions have been requested. Finatly, the proposed sign district calls for the removai of all non-conforming signs (not just advertising signs) within ten years. Presumably, there are signs in the district that became non-conforming, because of their size or height, for instance. when the City's sign ordinance was adopted. The City does not presently have records on all the signs in the district in order to establish their non-conforming status and ensure their removai. Staff Recommendation Staff recommends: Approval of the St. Anthony Park Special Sign District with the following amendments: � 1. V T•( � r . �.- `�, �� � ����� ���J Replaee the provision related to roof signs �vith the foliowing: 13usiness signs sho:rld clearly and concisely identify the business(es) on the premises. The nanze of tlze b:rsiness should be hightighted. A'o »�nre tha 0 percem of the gross sur fnce displuy ut•ca of bzrsiness sig�u permit�ecl n ot shnll be zrserl pr•oc�uct signs i��hich ure not inlegral to the name ofthe business. Delete the provision related to the removai of nonconformin� signs untii such time that the City Council has addressed the issues related to amortization and �dopted it as a strate�y for advertising sign remo��al, rrsaking tl�e appropriate findin�s to support its decision. Enclosure uR�G1NAL RESOLUTION CITY �AINT PAUL, M{NNESQTA Presented Refened To Council File # g � Green Sheet # � � a� �� 30 Committee Date 1 WHEREAS, on November 16,1998 the St. Anthony Park Community Council submitted to the Saint Pau1 City 2 Council a proposal for a Special Sign District under the provisions of Section 66.216 of the Saint Paul 3 Legislative Code; and 4 WF�REAS, on January 6, 1999 the Saint Paul City Council forwarded the proposal to the Plazming 5 Commission for its recommendation; and 6 WHEREAS, the Zoning Comznittee of the Planning Commission held a public hearing on February 4, 1999 7 after posting the required notice in the St. Paul Pioneer Press; and 8 VJI�REAS, on Febniary 24, 1999 the Saint Paul Plannittg Commission submitted its recommendafion to the 9 Saint Paui City Council; and 10 WHEREAS, Section 66.216 requires that the City Council also hold a public hearing prior to granting approval 11 of the application for a special sign district; no 12 RESOLVED, that the City Cow 13 Community Council for a Special 14 Chambers. hold a public hearing on the proposal by the St. Anthony Park trict on Wednesday, Mazch 24,1999 at 5:3 Q p.m. in the City Council Adoption Certified by Council Secretary By: _ U \ � ��.2 `------._— Approved by Mayot: Date Requested by Departrnent oE � Form ApQroved by City Attomey � Approved by Mayor for Submission to Council � � Adopted by Council: Date `�S '?� ��q� UKlG1NAL RESOLUTION Presented Refened To Council File # � ^ � S Green Sheet # o� o�� OF SAINT PAUL, MiNNESOTA 3� Committee Date RESOLUTION TU ADOPT THE SAIIYT ANTHUNY PARS SPECIAL DISTRICT SIGN PI�AN 1 WFIEREAS, the Saint Anthony Park Special District Sign Plan is gresented to the Saint Paul City Council for 2 adoption as provirled in Section 66.216 of the Zoning Code; and 3 WHEREAS, the 5ign Plan is intended ta maintain and enhance the scenic views of downtown Minneapolis, 4 the University of Minnesota, and other unique architectural and natural features visible from the residential and 5 commercial areas and street and highways of Saint Anthony Pazk; and 6 WHBREAS, the Sign Plan is intended to protect investment in Westgate and Energy Park and encourage 7 redevelopment of the Southeast Minneapolis industrial (SEMn azea and other industrial properties in and 8 around Saint Anthony Park in accordance with the standards of planned business pazks; and 9 WHEREAS, the Sign Plan is intended to reduce tt�e clntter and chaotic diversity of signage that impairs the 10 effectiveness of signs identifying businesses and institutions in Saint Anthony Park; and ll WHEREAS, the Sign Plan is intended to create a more desirable and memorable image for Saint Anthony Pazk 12 as the northern and western gateway to Saint Paul; and 13 WHEREAS, the Sign Plan is uttended to ptotect property values in Saint Anthany Park and reflect the pride 14 its residents, businesses and institutions place in the community; now, therefore, be it 15 RE50LVED, that the 5aint AnChony Pazk Special District Sign Plan shall apply to the area defined as foliows: 16 Commencing at the extreme northwest corner of the city, the boundary sha11 extend east along the city 17 limit to Cleveland Avenue, south along the city limit to a point near Como Avanue, and east along the �8 city limit to the center-line of vacated Aldine Street, thence continuing south along the center-line of 9 vacated Aidine Street to the center-line of Wynne Avenue, east along the center-line of Wynne Avenue 0 to the center-line of Snelling Avenue, south along the center-line of Snelling Avenue to the northerly 1 right -of-way line of the Burlington Northern and Sante Fe Railway just south of Energy Pazk Drive, ? westerly along sucb northerly railway right-af-way line to the center-line of Cleveland Avenue extended north along the section line from University Avenue, south along the center-line of Cleveland Avenue extended and Cleveland Avenue to the center-line of Interstate Highway 94, westerly along the cenier- line of Interstate Highway 94 to the westem city limit, and thence north along the city limit to the northwest corner of the City where the boundary line began; and be it RESOLVED, that wiffiin the Saint Anthony Park Special Sia District, signs shali be subject to the following restrictions: (1) No advertising signs shall be pemritted except signs on transit shelters and courtesy benches licensed or franchised by the city; �!9 + 3o E __..�., a product, service or entertainment which is offered, sold or 33 34 35 36 37 3$ 39 44 41 __..,.�u�aa on the premises sha11 not be pernutted, but a roof sign may identify the name, logo and nature of the business carried on in the premises; and be it RESOLVED, signs within the Saint Anthony Pazk Speciai S9gn District which lawfully existed prior to the adoption of this Sign Plan by the City Council, and which would be prohibited, regulated or restricted under the provisions of this Sign Plan ar amendments hereto, may continue to exist as legal nonconforming signs under the provisions of Section 66300, nonconforming signs, of the Zoning Cade, subject to the following additional requirements: (1) 42 43 44 45 46 47 48 (2) 49 50 51 52 53 No nonconfomung sign shall be: (a) altered or enlazged in any way; or (b) replaced by another nonconfornung sign, though a change in the message on a nonconfornung sign wiil not be deemed to be a replacement; or (c) relocated to any other location in the Saint Anthony Pazk Special Sign District; or (d) reconstructed after incurring damage in an amount exceeding 50% of its market value at the time of loss, as determined by the City; or (e) maintained through repiacement of stcucturai elements; or Any nonconfornung sign shali be immediately removed from the Saint Anthony Park Special Sign District at the cost of the owner if: (� it is an irnminene danger to life or property, or (g) it incurs damage in an amount exceeding 50% of its mazket value at the time of loss; or (h) use of such sign has been discontinued for a period of three consecutive months; and be it �4 RFSOLVED, that the Council requests that the Planning Commission review and report back to the Ciry 5 Couneil within six months as to Che use af amortization for removal of billboards in the Saint Anthony Pazk, 5 Grand Avenue, Smith Avenue and Highland Village Special Sign Districts and as to the appropriate 7 amortization period for such uses; and be it RE50LVEB, that the Zoning Administrator shall enforce the provisions of this sign pian as a supplement to Chapter 66, Signs, of the Zoning Code; and be it RESOLVED, that whenever a permit far a sign in the Saint Anthony Pazk Speciai Sign District is required under the provisions of Chapter 66 of the Zoning Code, such pernut shall not be issued unless the plans for the sign have been approved by the Zoning Administrator as in canformance with this Sign Pian; and be it RESOLVED, ffiat buiiding permit applications for signs in the Saint Anthony Pazk Special Sign District shall be submitted to the Zoning Administrator for review and approvai; and be it RESflLVED, that a fee to cover the costs of the review shall be established by resolution of the Ciry Council; tnd be it 9a-3aS ...�� Y��uas submitted for Zoning Administrator approval shall be of sufficient detail to ots demonstrate that the proposed sign complies with the provisions of the 5ign Pian; and be it 69 FURTHER RESOLVED, that the Zoning Adrninistrator shali review the pians within 3� days and notify both 70 the applicant and the Division of Housing and Building Code Enforcement of any decision to approve or 71 disapprove the plans; and be it '72 FINALLY RFSOLVED, that written reasons for deniai shall accompany any decision to disapprove the plans, 73 and any decision by the Zoning Administrator may be appealed to the Planning Commission. 74 Adoption Certified by Council Secretazy By: � a- � t,—� � Approved ayor: Date ��� �� �� By: ���� ����Z�=�jI Requested by Depaztment of: i� Form Approved by City Attorney � Approved by Mayor for Submission to Council � Adopted by Council: Date � p,� � ���q \ °19 -3a5 , `z��-��v V � C� t � ����,� 3--�Y-�� TQTAL # OF SIGNATURE PAGES GREEN SHEET No 62128 u �.,u,.�,.�,� � �,�.. _ ❑ pIYATfOF1EY ❑ Cf1YGiRK ❑ q11111qPl.iFRY1CFSOR. ❑ f�IULIAIfERY(I�GT6 ❑ M ���� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Y1�'��7G� `� � `�hsv <3`�-S�rv� �Yt`�lF�rlc� �-tC S�Lc�Q /��^c���n I�l� U PLANI3ING COMMISSION CIB COMMITTEE CIVII SERVICE CAMMISSION RSONILL SERYICE CONTRACfS MUST ANSWER TiE FOLLAWING QUES7ION5: Has Nis PersoruTrm eHer Noiked untler a contract far Mie depaAmeni7 VES No Nes tnis ae�eaJlrtm evr been a city empbyee9 YES t� Oces Mis pereanlfi�m po6sess a sldU � twrtnallypossessetl by any curtefd aty empbyee? YES NO la tltis persoNfirtn a tmge9etl vendoR YES NO iAL AMOUNT OF TRANSACTtON S COSTIItE1lENUE BUDGETW (CIRCLE CN� YES NO IDIN6 SOURCE ACTNRY NUMBER Nc�u�wioRLw'froHlocvtuN) � 651 2E5 ��74 P.�2i92 ��.mnre�Ulis, ;vf�'d 554�0-�J31G 6iz-gsz.2000 Recember 8, 1998 Ceunciimember 3ay Benenav S#. Paui City Counaif City Fiall Room 3'i0 1b Wesf KeNogg Bau(evard S#. Paul, MN 55102 Dear Counciimember Benenav: `�� -3 os �� ALLr IVA HF.4l'I'Fj $FSTE�S i write to you today as both a def�gate to the St. Anthony Park Cammunity Council as well as a Minnesota business feader to let you know of my support for the St. Anthony Parfc Speciai bi�fric# Sign Pian and to respectfully ask for your support. As a residenf of St. Paul, I am very disturbed by the number of biilboards in our city. gefore moving to St. Paul in 1993, 1[ived most af my life in the Washington, D. C. area where there are s#rict signage cades that, for the most part, han the u5e of biliboards in and around the D.C. region. ft is my personai belief that biiiboards significantly de#raCt from both the be2uty of St_ Paul and the Sfate of Minnesota. Let me acknowiedge that as a marketing execuiive with one ot the State`s largest organizations, i utiliz� billboa�ds as a marketing communications outlef. In fact, I have had a number ot active St. Paul biibpards promoting Medformation's physician referra( service during th� last six months. This is a communications medium which, depending an the message, doss have an impaot in reaching consumers. With the adoption of the St. Anthony Park Speciai District Sign Plan, f very weEt may havs to madify my tnedia planning in the future, WFtiie fhis wouid mean some levei of disruption to Allina Heslfh System, I wi() gladiy do so because I think this type of policy is indeed in the best interest ot St. PauL Furthermora, I would skrongly SuppQrt the adoption of simiiar plans fhroughout the broader Twin Gities metropolitan area, as f believe it would greatiy enhattce the aesthetic beauty of Minnesota. Thank ypu for your consideratian. Sincere3 Christopher Gausey Yce President, M„�ri and Gommunicatipns cc: hteather Worthington, Fateeutive Director, St. Anthony Park Cammunit}r Council ----------- --- --- -- rnrr�� F.��� ��, . �j ��. �A� _ • �j�'{ — 3c�_S F Busi¢eas Association Februa.ry 10, 1999 Councilmember 7ay Benanav Office of the Ciry Council 310 Ciry Hall St. Paul, MN 55102 Deaz Councilmember Benanav: The St. Anthony Pazk Business Association's Boazd of D'uectors voted in support of the St. Anthony Pazk Special District Sign Plan. Thank you fot your support of this proposal. Sincerely, bekah Todd Executive Director Post Office Box 8069 Como Stanon Saint Paul. tilinnesota 55108 Telephone 651.645 2366 ....a. , iv ii N'/!GT University UNITED �� � A COALITION OF MIDWAY CITIZENS AND SUSINE55 December 16, 1998 Heather Worthington Executive Director St. Anthony Community Council 890 Cromwell Avenue Saint Paul. Minnesota 55114 Dear Heather: Rq-�os At it's December 8, 1998 board meeting, Saint Anthony Pazk's Sign Plan was reviewed, discussed and supported by the board of directors. Thank you for considering us for comments in your developments. University UNITED is pleased to offer support to iYs member organizations. Please feel free to call upon if we may be of assistance in the future. Sincerely, University Neighborhood Initia6ves Through Economic Development ��� �� �<�,..�:�� � Irene Rodriguez Executive Director University Neighborhood investment Through Economic Development Spruce Tree Centre • 1600 University Avenue • Suite 4• St Paul MN 551043825 •(672)6475711 • Fan (612y646-2297 �� _ 3 Q.s ST, ANTHONY PARK SIGN PLAN INTENT AND PURPOSE The St. Anthony Park 5pecial District Sign Plan, as provided in Section 66.216 of the Zoning Code, is being adopted to provide sign cantrols thai build upon the unique character and identity of St. Anthony Park. This Sign Pian is intended to (a) maintain and enhance the scenic views of downtown Minneapolis, the University of Minnesota, and other unique architecturai and natural features visible from the residential and commercial areas and streets and highways of St. Anthany Park; (b) protect investment in Westgate and Energy Park and encourage redevelopment of the Southeast Minneapotis industrial (SEMI} area and other industriai properties in and around St. Anthony Park in accordance with the standards of pianned business parks; {c) reduce the clutter and chaotic diversity of signage that impairs the effectiveness of signs identifying businesses and institutions in St. Anthony Park; {d) create a more desirable and memorable image for St. Anthony Park as the northern and western gateway to Saint Paul; and (e) protect propeRy values in St. Anthony Park and reflect the pride its residents, businesses and institutions place in the community. DEFINITIONS AND INTERPRETATION The provisions of this Sign Pian are suppiementary to the provisions of Chapter 68, Signs, of the Zoning Code. The provisions of this Sign Pfan that are more restrictive than provisions of Chapter 66 shall prevail and supersede any conflicting provisions of Chapter 66. All other provisions of Chapter 66 of the Zoning Code shaii continue to apply to signage within the St. Anthony Park Special Sign District. Ail words and terms shaii be defined as in this Sign Pian and in Chapter 66 of the Zoning Code. Provisions that use the word "shall" are mandatory. Provisions that use the word "should" or "recommend" are advisory to carrying out the intent and purpose of this Sign Plan but are not mandatory. SPECIAL SIGN DISTRICT AREA The St. Anthony Park Speciai Distric[ Sign Pfan shall apply to the area defined as follows: Commencing at the extreme northwest corner of the city, the baundary shati extend east along the city limit to Cieveland Avenue, south along the city limit to a point near Como Avenue, and east along the city limit to the center-line of vacated Aidine Street, thence continuing south along the center-line ofvacated Aldine Street to the SAPCC-SignPlan (9875.WPD,4J t 7f8/98 Q9 -�as centerline of Wynne Avenue, east atong the center-fine of Wynne Avenue to the center-line ofi Snei�ing Avenue, south along ihe center-line of Snelling Avenue to the northerly right-of-way line of The Suriington NoRhem and Sante Fe Raiiway just south of Energy Park Drive, westerly afong such northerly raiiway right-of-way line to the center-line of Cleveland Avenue extended north afong the section line from Universiiy Avenue, south along the center-{ine of Cleve{and Avenue extended and Cleveland Avenue to the center-line of interstate Highway 94, westeriy along the center-line of Interstate Higfiway 94 fo the westem city limit, and thence north along the city limit to the northwest comer of the City where the boundary line began. SPECIAL SIGN RESTRICTIONS Within the 8t. Anth�^;� park Special Sign District, signs shall be subject to the following restrictions: (a) Advertising signs shaii not be permitted. (b) Roof signs which advertise a product, service or entertainment which is offered, sold or manufactured on the premises shall not be perrnitted, but a roof sign may identify the name, logo and nature of the business carried on in the premises. NONCONFORMING 51GN5 Signs within the St. Anthony Park Speciai Sign District which lawfully existed prior to the adoption of this Sign Plan by the City Councii, and which wouid be prohibited, regulated or restricted under the provisions of this Sign Pian or amendments hereto, may continue to exist as legai nonconforming signs under the provisions of Section 66.300, nonconfarming signs, of the Zoning Code, subject to the foilowing additionai requirements: (a) No nonconforming sign shall be: (i) aitered or eniarged in any way, or (ii) replaced by another nonconforming sign (but changing the message on the sign shall not be deemed to be a replacement), or (iii) relocated to any other location in the St. Anthony Park Speciai Sign District, or {iv) reconstructed after incurring damage in an amount exceeding 5Q°!o of its market value at the time of loss, as determined by the City, or (v) maintained through repiacement of structural elements. (6) Any nonconforming sign shaii be immediately removed from the St. Anthony Park Speciai Sign District at the cost of the owner: (i) it it is an imminent danger to life or property, or SAPCC - Sign Pian (987S,WPD;4} 1119/98 2 �(`� -�3os (ii) ifi it incurs damage in an amount exceed"+ng 50°h of its market value at the time of loss, or {iii) if use of such sign has been discontinued for a period of three consecutive months. (c) in any event, ali nonconforming signs shail be removed from the St. Anthony Park Special Sign Districf by no later than 10 years after approval of this Sign Plan by the City Councii. ADMINtSTRATiON AND ENFORGEMENT The Zoning Administrator shall enforce the provisions of this Sign Pian as a suppiement to Chapter 66, Signs, of the Zoning Code. 1Nhenever a permit for a sign in the St. Anthony Park Special Sign District is required under the provisions of Chapter 66 of the Zoning Code, such permit shail not be issued uniess the plans for the sign have been approved by the Zoning Administrator as in conformance with this Sign Plan. PROCEDURE Buitding permit appfications for signs in the St. Anthony Park Special Sign District shali be submitted to the Zoning Administrator for review and approval. A fee to cover the costs of the review shali be established by resolution of the City Councii. Pians submitted for Zoning Administrator approval shall be of sufficient detaii to demonstrate that the proposed sign complies with the provisions ofi this 5ign Pian. The Zoning Administrator shall review the plans within 30 days and notify both the applicant and the Division of Housing and Buiiding Code Enforcement of any decision to approve or disapprove the pians. Written reasons for denial shafl accompany any decision to disapprove the ptans. Any decision by the Zoning Administrator may be appealed to the Planning Commission. SAPCC - Sign vian (9s75.VJPD;4) t t/3t38 � � �' n Interdepartmentai Memorandum C1TY OF SAINT PAUL DATE: Febn�ary 3, 2999 TO: Zoning Committee FROM: Nancy Homans �`�- RE: Saint Anthony Park Special Sign Distritt Plan: Amended StaffReport and S1afjRecammendation Introduction On January 6, 1994, the City Council, by resolution, directed the Pianning Commission to consider the proposed Saint Anthony Park Special Sign Distcict Plan and forward its recommendation to the Council by February 24, 1999. The €ollowing is a discussion of the issues raised by the praposal. Legeslative Authority . The Zoning Code provides for the adopYion of comprehensive sign pians (Sec. 66.216}: (a) A comprehensive sign plan mcry be provided for business or industrial premises x�hieh nre not pm•t of a new planned development district ns provided rir secfion 66.213 above, but ivhich oeeripy the entire fi•ontnge on lrro (1) or more ndjacen� block fronts. The inte�n behind rhis provision is !o allotiu and even encouruge e�:tertainnrent centers, .rhoppzng ce��iers, historic distritts nnd olher con�prehenszve devetopments to bsrild upon unique characterislics of certain sections of the ciry so long as the visual Imrdscape created by the plar� is in keeping K�ith the geJaeral intent of this chapten Snch rr plcrn shall be stibT�ritted 1u the plcrnning commissin�z and sl�ull iT�clude the Iocatiorz. size, height, color, lighting orientation, o»erall design justrficaiion, and other informntion ti��hich may be r•easonably rec�uired,for the proper consideration of the matter. (b) Less resh•ictive ns x�el! as more resdrictive provisions lhan specifred in thrs chaptsr nxry he permitted if the sign ureas �r7d densilies for the ptan as a uhole crre in conformit} iritlr the intent af7his chu��ter and ifserc7i exceptiors resuZts in an impJ•oved relationship between the various ports of 1he pinn. (c) A�3�lication shnll be made to the city1 eaamcil consideratio:� in�der d�is provision. Approvcrl mcry be grunted by city council resolution, ufter revieu nnd recumnaendation is n7ude t�y d2e plurzning con�nzission, and anly after• cr public 12eari�tg befrn•e the pdannfng tnnrmi.rsioit crnd the city carmcit. Zaning Committee February 3, 1999 Paoe t�vo �� —3oS District 12 5ign District Proposai In summary, the key eJements of the proposai as submitted by the District 12 Community Councii relate exc3usively to advertising and roof signs and include the foliowing: 1- The district sflall encompass the entire DisYrict 12 pianning distri�t. 2• The goals of ihe district include: {a) Maintain and enhance the scenic views of dawniown Minneapolis, the tTniversity of Minnesota, and other nnique architectural and natural features visible from the residentiai and commercial areas and streets and highways of St. Anthony Pazk. (b) Protect investment in West�ate and £nergy Park and encourage redevetopment of the Southeast Minneapolis Industriai (SEMt) area and other industrial praperties in and around St. Anthony Park in accordance with the standazds of planned business parks. (c) Reduce the clutter and chaotic diversity of signage that impairs the effectiveness of signs identifying businesses and institutions in St. Anthony Pazk. (d} Create a more desirable and memorable image of St. Anthony Parfi as the northern and �aestern gateway to St. Pau1. (e) Protect property values in St. Anthony Park and reflect the pride jts residents, • businesses and institutions place in the community. The major provisions inctude: (a) Advertising signs shall not be permitted in the district. E�isting advertising siens will become legaliy nonconforming signs. ` (b} Roof signs that advertise a product, service or entertainment which is offered, soid or manufactured on the premisses shal! not be pexmitted, but a roof si,n may identify the riame, logo and nature of the business carried oi� in the premises. (c) Nonconfarmin� si�ns may continue to exist subject to requirements ihat they not be aitered, enlarged, replaceci, reiocated or reeonstructed; that they be removed if they pose danger to health and safety, incur si�nificant dama�e or are not used for a period of three consecntive months. (d) Nonconfonninb signs shall be removed fron� the district b}• no later than 1 Q years afler appraval of the sign plan by the City Council. 4. The proposal inctudes procedures and provisions for tlie enforcement of the district requirements. Zoning Committee February 3, 1494 Page three �� -� os Existing Regnlafions Advenising signs (incJading signs on biIlboards, benches, transit stops} are pertnitted in the portions of the disuict zoned B-2, B-3, I•i or I-2, subject to size, height and spacing requirements as follows: Classification Masimum Minimum Maximum Existiag Gross Spacing Height Signs Surface Beriveen (Feet) Area Signs (Sq ft) (Feet) Principai arteria[s 700 1000 37 �/, I-94 H�vy 280 Minor arterials 400 66Q 37 � Cleveland (S of University) , Como (B-2 areas) Energy Park Drive Kasota Raymond University . Vandalia Cotlectors 100 �Qp � , Ellis ' � Hantpden • Issues for Discussion Ban on advertisinQ sions in the distriet. The proposal to not permit additional advertising signs in the district and to niake ail existing signs le�al nonconforming uses: (a) Is consistent with other sign districts in the city (Grand A�•enue, Smitlz Avenue and Highland}; (b) Ts consistent with tl�e Federal Hight��ay $eautification Act that calls upon States to control the erection and maintenance of outdoor advertisine signs in areas adjacent to the Interstate Syste�n and the primary system "in order to protect the public invesLnent in such high��=a}�s, to promote ihe safet} and recreational value of public travel and to preser�re natural beauty". (c) Is similar to ordinances in other cities (e.g. Seattle and 5an Diego) in which courES, including the Supreme Coun in Metromedia, Inc, i, City of San Diego, � 1 � _` Februar}� 3, 19�9 — _ Page four �q _3�s have found that a city's interest in avoiding visual clutter suffices ta justify a prohibition of billboazds. (d) Is provided for in State law (173.20) which states that nothing in Sectioru 173.13- 1?3.231(addressing the regulatiore of advertising signs in othei• than designated scenic areas) shatl be construed Io nbrogate or affect the proti�isions ofarry other law, municipal ordinance, reg:tic�tion, or resotution x�hich is more restrictive concerning udverlising than tlre provisions ofsaid sections 173.13 to 173,23�" hereof or oflhe reg:rlations arlopter� hereunder. State permiis for advertising signs along interstate or priman- highways aze, indeed, subject to local approvai 2. Ban on roof si�ns other than those that identifv the name lo�o and nature nfthP bus�ness carr�ed on tn the nrem�ses Already banned in the Zoning Code are ad�•ertising signs constru�ted on a roof top or to overhan� a roof, except: Replacenients for nonconfom�in� si=ns that are brought into conformance with the size and height requirements of tl�e code and are less ihan 400 square feet in size mar be located on a roof top. Alt such replacement signs may overhang a roof. 66.302 (a)(5) and G63D2(b)(S} , The proposed si,n disirict provisions �rould remove that exception as well as forbid business signs (i.e. those that direcz attention to a business, profession, commodity, sen�ice or entertainment �vhich is conducted. offered, sold or manufactured on the premises upon ti+�hich the si�n is placed) on roofs except those that identify only ihe name, ]ogo and nature of the business carried on in il�e premises. All existing business signs on roofs-e�cepi those tliat identify on}y die name, logo and nature of the business- ��•ould become fe�atly nonconformin�. The applica»fs intention is to curb the installation of si�ns il�at are, in all other respects, advertisin� signs, but are caisidered business signs because ti�ey advertise a product that is sold on the premises (e.g, a billboard advertising liquor located on top of a liquor siore that does not include the name of the liquor store). St is conceivable that such signs ��•ould be located on a roof, but it is equally conceivable that they wotdd be freestanding signs. The proposed pro��ision may be confusiz�g inasmuch as it essentially creates a definition of business signs clifferent fron� that in tlie 5ign Ordinance. It may also not be entirel}� effective in addressing the concern it is intended to address. The Grand Aeenue and 2ai�h]and Special Sign Districts inciude t11e fotlov,�ii�g pro��isions: } Zoning Committee February 3, 1999 Page five � c� - 3 cs Grand Avenue &rsiness signs sho:rlcl clenrly and concisety ident� the businesses on the premises. Tke name of the birsrness should be highlighted,• extra information tends to reduce the impact of the sign. Signs ivhirh advertize a prod��c� anc� include ihe name of the business on the premises 3rpon whirh the sign is placed shall not be permitled Hiehland No more Ihnn 10 percen� of tf:e gross strrface display area of business signs permitted on a tot shall be used for pt•oduct signs which are not integral to the ntrme of the business. Ar•odtrc� signs, bauiness signs w•hich crdvertise a product solci on the premises, should be nvoided. Such signs-which nre often provided by sofi drink, beer or cigaretre contpanies-fail to highlight the important infoi•ma�ion, the be�siness name, and ctirt[er the appearance of the vittage. 3. Remo��ai of Non-conformino Sions The primlry issue raised by the proposal relates to the requirement that nonconforming signs-of ali kinds--be removed from the district �vithin ten years. Four issues aze raised. The 8rst relates to whether the Cit�� intends to adopt a policy of removing existing signs through the process of amorti2ation. Committing ttie City to such a strateey is a more signifscant policy decision than �+�as em�isioned by the Zonin� Code provisions establishino special ssan districts and, therefore, merits carefu( rerien•. In recent weeks, the Councif's Legislative Advisorp Committee has recommended against the use �of amortizatio� and has placed tlse question into the hands of tl�e Planning Commission and City Cauncil for resolution. A recommendation is now being forn�ed b}• the Planning Commission and is, as a result, not }�et before ihe City Cauncil for discussion and final resolution. 2. 'flse second issete relates to the legality of depending on amortizaTion as a means of compensation on federal interstate highways and primary roadways. Since l 975, federal la�v has reqcaired cash compensation for the required removai of nonconforming billboards alon� federal inter-state and primary highways (I-9� 1nd H��}� 2S0), re�ardiess of ivhether the billboard's nonconforming status is the resuit of federal law or some other governmental action. 3. The ihird issue relates to �a�hether the City, should it decide ro pursue a strategy af �morti��tion az local roadways, shoutd make findin�s related to the appropriate a�nortization period, "Phe proposed special si��n district does not make any such fiRCiltlrS. - Zoning Committee q�_�os February 3, 1999 Page six The decision to pursue a suategy of amortization an local roadways (University Avenue, Como Bou3evard, Raymond Avenue, Cleve3and Avenue) is a matter of local discretion and wou(d require careful }ustification of the amortization period. The City Attomey has advised that "if the amortization period was found to be lacking and therefor•e constittrted a Yaking' of private property without just compensution tivhich is prohibited under the Fifth Amendment of the United States Consritution ¢s well as Minnesota Constiturion Article l, Section 13, rhe Ciry would be exposed to s:rbstantial money damages." A related issue concems the status of (3niversity Avenue. VJhile State officials have indicated that, with the recent transfer of University Ar•enue from State to County }urisdiction, amortization became a maiter of LocaI discretion, industry representatives contend that since the billboazds were erected when the roadway received State aid, they continue to be protected by the provisions of the federai !aw thai require cash �ompensation for the removal of signs on primary fughways. Additional legal opinions have been requested. Finatly, the proposed sign district calls for the removai of all non-conforming signs (not just advertising signs) within ten years. Presumably, there are signs in the district that became non-conforming, because of their size or height, for instance. when the City's sign ordinance was adopted. The City does not presently have records on all the signs in the district in order to establish their non-conforming status and ensure their removai. Staff Recommendation Staff recommends: Approval of the St. Anthony Park Special Sign District with the following amendments: � 1. V T•( � r . �.- `�, �� � ����� ���J Replaee the provision related to roof signs �vith the foliowing: 13usiness signs sho:rld clearly and concisely identify the business(es) on the premises. The nanze of tlze b:rsiness should be hightighted. A'o »�nre tha 0 percem of the gross sur fnce displuy ut•ca of bzrsiness sig�u permit�ecl n ot shnll be zrserl pr•oc�uct signs i��hich ure not inlegral to the name ofthe business. Delete the provision related to the removai of nonconformin� signs untii such time that the City Council has addressed the issues related to amortization and �dopted it as a strate�y for advertising sign remo��al, rrsaking tl�e appropriate findin�s to support its decision. Enclosure uR�G1NAL RESOLUTION CITY �AINT PAUL, M{NNESQTA Presented Refened To Council File # g � Green Sheet # � � a� �� 30 Committee Date 1 WHEREAS, on November 16,1998 the St. Anthony Park Community Council submitted to the Saint Pau1 City 2 Council a proposal for a Special Sign District under the provisions of Section 66.216 of the Saint Paul 3 Legislative Code; and 4 WF�REAS, on January 6, 1999 the Saint Paul City Council forwarded the proposal to the Plazming 5 Commission for its recommendation; and 6 WHEREAS, the Zoning Comznittee of the Planning Commission held a public hearing on February 4, 1999 7 after posting the required notice in the St. Paul Pioneer Press; and 8 VJI�REAS, on Febniary 24, 1999 the Saint Paul Plannittg Commission submitted its recommendafion to the 9 Saint Paui City Council; and 10 WHEREAS, Section 66.216 requires that the City Council also hold a public hearing prior to granting approval 11 of the application for a special sign district; no 12 RESOLVED, that the City Cow 13 Community Council for a Special 14 Chambers. hold a public hearing on the proposal by the St. Anthony Park trict on Wednesday, Mazch 24,1999 at 5:3 Q p.m. in the City Council Adoption Certified by Council Secretary By: _ U \ � ��.2 `------._— Approved by Mayot: Date Requested by Departrnent oE � Form ApQroved by City Attomey � Approved by Mayor for Submission to Council � � Adopted by Council: Date `�S '?� ��q�