4.3 PCSR 04-09-2013 ``Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Planning Commission 4.3
AGENDA SECTION MEETING DATE PREPARED BY
Planning Items April 9, 2013 Chris Leeseberg,Park Planner-Planner
ITEM DESCRIPTION REVIEWED By
Request by Franklin Outdoor Advertising for Conditional Use Jeremy Barnhart, Community
Permit to convert existing billboard sign to electronic Operations and Development-Deputy
changeable copy (2-faced) at 18115 Carson St NW Director
Case No. CU 13-03,Public Hearing REVIEWED BY
ACTION REQUESTED
Staff recommends approval of the Conditional Use Permit (CUP) for an advertising sign with the
following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
required permits.
2. The duration of each display shall not be less than 8 seconds.
3. The transition time between messages shall be at least 2 seconds.
4. The sign shall be equipped with a mechanism that automatically adjusts the brightness
in response to ambient conditions. These signs must also be equipped with a means to
immediately turn off the display or lighting if it malfunctions.
BACKGROUND/DISCUSSION
In 2004, the subject property was created as part of the Carson Business Park plat. The subject property
was platted as a replacement location for the existing billboard that was located at the intersection of
Main Street and Highway 169 at that time. Advertising Signs (billboards) are considered a principle use,
and therefore are only permissible if placed on their own lot.
A sign permit was issued for the property in 2005 as the lot was created for the billboard. At the time it
was not realized that the whole lot is covered by a drainage and utility easement. Our city code does not
allow structures in drainage and utility easements. The billboard is a legal non-conforming structure and
the replacement of the faces/copy is allowed,based on instruction from the City Attorney.
Zoning
The subject property is zoned Highway Commercial (C3) and advertising signs (billboards) are regulated
by the Conditional Use Permit process in this district.
Advertising Sign
The proposed sign is the same size (36'-0" x 10'-6") as the existing billboard. They are requesting the
same 25'-0" height.
POWERED i t
N:\Departments\Community Development\Planning\Case Files\CUP\CU 13-03 Franklin Outdoor\CU 13-03_PC.docx NATURE
ATTACHMENTS
• Location Map
• Applicants Narrative
• Plat
• Sign Drawings
• Aerial Setback
• Amber Alerts
• Letters of support
• FHWA memo on digital guidelines
• MNDOT memorandum
Action Motion by Second by Vote
Follow Up
N:\Departments\Community Development\Planning\Case Files\CUP\CU 13-03 Franklin Outdoor\CU 13-03_PC.docx
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"Outdoor Advertising SELLS for you all day,every day."
OUTDOOR ADVERTISING
February 14, 2013
To: Elk River Planning Commission and City Council
From: Steve Anderson-Leasing Manager, Franklin Outdoor Advertising
RE: CUP for electronic changeable copy sign larger than 30 square feet.
Request: Reface an existing conforming 2 sided billboard with two digital faces.
We have submitted a Conditional Use Application requesting permission to rebuild and reface our
existing billboard located on Lot 1, Carson Business Park. Part of this request includes investing in and
building a new structure that will meet the additional engineering specs needed to support the additional
weight of the digital faces.
There will be no increase in size of the structure and will continue to meet the regulations of the city
ordinances.
Franklin Outdoor Advertising has operated in Elk River for 40 years. Over the years we have had
continued requests for billboards on hwy 169 on the north end of Elk River. Due to regulations we have
been unable to secure any other billboards in the requested area. The digital sign requested would assist
us in meeting the advertising needs of more businesses in the area. The fact that there are no billboards
between Zimmerman area and I-94 Rogers, with few or no opportunities for additional billboards, as
well as continued request for advertising on Hwy's 169 and 101are the main reasons we are pursuing
this request.
The Federal Highway Administration released a memorandum approving the allowance of changeable
copy off-premise signs, suggesting guidelines for the States regarding the regulations for Changeable
copy signs. The Minnesota Department of Transportation concluded its own investigation and have
determined the Changeable copy signs will meet the state statutes provided the messages do not change
faster than every 6 seconds for speeds at 55 mph and 5 seconds for speeds at 70mph. It is our intent to
meet the MNDOT standards.
One benefit of allowing a digital sign is the ability to instantly use the signage for public service
messages, amber alerts, crimestoppers and other local, state or national messages and emergencies
which need to be communicated to the public.
The digital sign is equipped with automatic dimming capabilities to eliminate any glare or brightness at
night.
In summary our request will; 1. Meet the performance standards of the city's ordinance. 2. Update the
sign structure to meet OSHA and new engineering requirements. 3. Help meet the advertising needs of
local businesses. 4. Meet the MNDOT regulations. 5. Provide a medium for public service messages to
the public.
This is an exciting opportunity for our company to bring something new to the area. We will be
investing considerable amount of money on this project and look forward to this opportunity within the
city of Elk River. Your support and approval of this request is greatly appreciated.
Respectfully,
Steven L. Anderson
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ER
AL
AMBER Alert and Outdoor Advertising
A Valuable Partnership
What role do digital billboards play in AMBER Alerts?
AMBER Alerts are distributed by the National Center for Missing & Exploited Children (NCMEC)
based on a strict set of criteria. While local officials make the original request to declare an
AMBER Alert, NCMEC is responsible for distributing the Alert to numerous partners known as
secondary distributors. Outdoor advertising companies owning digital billboards are secondary
distributors.
How do Alerts get to digital billboards?
A proprietary Outdoor Advertising Association of America (OAAA) system is linked to NCMEC's
central AMBER Alert database. When an Alert is issued, the OAAA system sends a notification
to participating companies in the relevant jurisdictions with a standardized image for placement
on digital billboards. The entire process usually takes less than 15 minutes.
How are Alerts posted?
Per an agreement with NCMEC, AMBER Alerts take over a digital billboard exclusively for one
hour after they are issued. Every digital billboard in the affected markets runs nothing but the
AMBER Alert during that period. After one hour, the AMBER Alert is placed in rotation with other
advertising for 48 hours or until the Alert ends, whichever comes first.
How uch does it cost to post an Alert?
All space for AMBER Alerts is donated by the participating outdoor advertising companies.
Regular, paid commercial content is preempted by AMBER Alerts.
Why are digital billboards valuable?
NCMEC uses digital billboards because they are able to provide information, including pictures,
to the driving public very quickly. The signs also provide license plate numbers and vehicle
descriptions. The use of pictures is considered extremely valuable by NCMEC.
Who can I contact for more information about digital billboards and AMBER
Alerts?
OAAA's AMBER Alert coordinator is Nicole Hayes. She can be reached at (202) 833-5566.
19146 Freeport St NW
- Elk River,MN 55330
Furniture Phoae:763-441-70
08 Fax; 7E3-441-9177
�
March 27.2013
To whom it may concern.
We have been using billboards in our company as a means to drive traffic for quite some
time; specifically we have been using one on Highway 10 to help advertise for several
years. We know it has played an important part of driving traffic to our store.In fact it
has done so well for us at the Elk River location that we are looking at locations for a few
more of them in the area along the Highway 101/169 area since this is such an important
corridor for our business.
Thank you for your attention and consideration.
Sincerely,
ifr
Mark Kennedy
Store Manager,Elk River Ashley.Home Store and Furniture Mart
ph: 763441-7008
email: rnar :.kennedv f furnituremartusa.com
Minnesota
t� UN 0�erH keOeyFarm
� Historical Society H.
|
Chris Berta March 29, 2013
Franklin Outdoor Advertising
20092 Edison Circle E
Clearwater, MN 55320
Dear Chris,
As site manager of the Minnesota Historical Society's Oliver Kelley Farm, in Elk River, I h-ave overseen
marketing and promotion efforts for 11 years. In that time, I have seen a shifting and reorienting of our
audiences and the way I must attempt to reach them. It is getting harder(and more expensive)to reach
potential customers through the many fractured marketing methods One thing that hasn't changed is
that people are still driving and sitting in their cars a lot.The Kelley Farm, while located on US Highway
#10 and Highway p169 on the east side of Elk River has trouble gaining traction for the drive-by part of
our audience. The site is not visible from the highway, losing out to curb/visual visitation decision
making' Our brown DOT highway signs do note our presence and help direct people to the site, but they
do not tell anything about the site
Billboards give us a presence, directions and the very important visual of something alive and
happening. The visuals presented on billboards help both drivers and passengers make decisions to visit
the Kelley Farm Boards help reinforce other marketing images and messages pre t d through other
media sources as well as reminding past visitors that it's time to visit again. Our marketing tracking
shows that people are coming to Elk River to visit the Kelley Farm in part because they saw our
messages on billboards I can safely say that part of our audience---and part of our revenue, would not
exist without this media form.
Chris,thanks for your efforts and discounts in getting us placements and time for getting our message
out.
Sincerely,
��� �
r *~ 1 il
Bob M. Quist
Site Manager
Minnesota Historical Society
Oliver Kelley Farm
mwe,* xaxevra.m.�sraaxm/cvr�,��u�� ���*e�wmmss�assss� | /
ra-2-�� ,)a�� 'aas z. ass�~��*-n 'o/^exua� n
IntegrIt : lNsuR
G R O U P
To the City of Elk River Planning Commission,
As the owner of a locally owned insurance brokerage,visibility within the community is everything. |
can think of no better example than our billboard we have had for the past five years with Franklin
Outdoor Advertising located on Hwy 10. Starting a business is no easy task and letting potential
customers know who you are and what you do is paramount to our success. Franklin Outdoor
Advertising didn't just try and sell us billboard advertising, they consulted us on the best location, the
graphics involved,the image we wanted and the size and scope that fit our budget. They truly have
become a key partner in the growth and success of Integrity Insurance Group.
With the start of our company in 2008 we have had noticeable results from our billboard advertising.
The increased recognition has yielded us contracts we never could have achieved on our own. In my
opinion there is no better recognition for local business than advertising on billboards to your target
audience, Expansion and proper spacing of billboards I believe is critical to the business community in
Elk River and the surrounding communities. Further expansion of billboards along Hwy 101 and Hwy 10
would only increase the awareness and effectiveness of local business including my own. I highly
encourage the future expansion of billboards both into and out of the city of Elk River and the company
to do it with the integrity and experience is Franklin Outdoor Advertising.
Please feel free to consult me further by email or phone.
Matthew Pagh
President, Integrity Insurance Group
mal��x�1
Direct: 763-4.50-7792
"/ ~.
Memorandum-Guidance On Off-Premise Changeable Message Signs... — -/http://www.fhwa.dot.govirealestate/offprrnsgsnguid.htm
OP(Federal Highway Adminatrakon FHWA Home 1 Feedback
Real Estate [HWA^HEP"Realty^Outdoor Advertising
C
U.S, Department of M |�UNU0�N�k���NNNN ��&�n� ��N�U0����&�UNUUNU0
Federal Highway Administration
Subject INFORMATION: Guidance On Off-Premise Changeable Message Signs Date: September 25,
2007
ORIGINAL SIGNED BY: Gloria M. Shepherd
From: Gloria M. Shepherd Reply to HEPR-20
Associate Administrator for
Planning, Environment, and Realty
To: Division Administrators
ATTN: Division Realty Professionals
Purpose
The purpose of this memorandum is to provide guidance to Division Realty Professionals concerning off-premises
changeable message signs adjacent to routes subject to requirements for effective control under the Highway
Beautification Act(HBA)codified at 23 US.C. 131. It clarifies the application of the Federal Highway Administration
(FHWA)July 17, 1996, memorandum on this subject. This office may provide further guidance in the future as a result
of additional information received through safety research, stakeholder input, and other sources.
Pursuant to 23 CFR 750.705, a State DOT is required to obtain the FHWA Division approval of any changes to its
laws, regulations, and procedures to implement the requirements of its outdoor advertising control program.A State
DOT should request and the Division offices should provide a determination as to whether the State should allow
off-premises changeable Electronic Variable Message Signs (CEVMS)adjacent to controlled routes, as required by
our delegation of responsibilities under 23 CFR 750.705(j). The Divisions that already have formally approved CEVMS
use on HBA controlled routes, as well as, those that have not yet issued a decision, should re-evaluate their position
in light of the following considerations, The decision of the Division should be based upon a review and approval of a
State's affirmation and policy that: (1) is consistent with the existing Federal/State Agreement(FSA)for the particular
State, and (2) includes but is not limited to consideration of requirements associated with the duration of message,
transition time, brightness, spacing, and location, submitted for the FHWA approval, that evidence reasonable and
safe standards to regulate such signs are in place for the protection of the motoring public. Proposed laws,
regulations,and procedures that would allow permitting CEVMS subject to acceptable criteria(as described
below)do not violate a prohibition against"intermittent" or"flashing"or"moving" lights as those terms are
used in the various FSAs that have been entered into during the 1960s and 1970s.
This guidance is applicable to conforming signs, as applying updated technology to nonconforming signs would be
considered a substantial change and inconsistent with the requirements of 23 CFR 750.707(d)(5),As noted below, all
of the requirements in the HBA and its implementing regulations, and the specific provisions of the FSAs, continue to
apply.
Background
The HBA requires States to maintain effective control of outdoor advertising adjacent to certain controlled routes.The
reasonable, orderly and effective display of outdoor advertising is permitted in zoned or unzoned commercial or
industrial areas, Signs displays and devices whose size, lighting and spacing are consistent with customary use
determined by agreement between the several States and the Secretary may be erected and maintained in these
areas(23 U.S.C. § 131(d)). Most of these agreements between the States and the Secretary that determined the size,
lighting and spacing of conforming signs were signed in the late 1960's and the early 1970's.
On July 17, 1996, the Office of Real Estate Services issued a memorandum to Regional Administrators to provide
guidance on off-premise changeable message signs and confirmed that the FHWA has "always applied the Federal
1 of 3 2/10/2012 11:46 AM
Memorandum-Guidance On Off-Premise Changeable Message Signs... id.htm
law 23ilS.C. 131 as it is interpreted and implemented under the Federal regulations and individual FfAs.^|t was
expressly noted that"in the twenty-odd years since the agreements have been signed, there have been many
technological changes in signs, including changes that were unforeseen et the time the agreements were executed.
While most of the agreements have not changed, the changes in technology require the State and the FHWA to
interpret the agreements with those changes in mind."The July 17, 1996, memorandum primarily addressed tn-vision
signs,which were the leading technology at the Ume, but it specifically noted that changeable message signs
"regardless of the type of technology uoed^mne permitted if the interpretation of the FSA allowed them. Further
advances in technology and affordability of LED and other complex electronic message signm, unanticipated at the
time the FSAs were entered into, require the FHWA to confirm and expand on the principles set forth in the July 17,
1996, memorandum.
The policy espoused in the July 17, 1996, memorandum was premised upon the concept that changeable messages
that were fixed for a reasonable time period do not constitute a moving sign. If the State set a reasonable time peviod,
the agreed-upon prohibition against moving signs is not violated. Electronic signs that have stationary messages for a
reasonably fixed time merit the same considerations.
Discussion
Changeable message signs, including Digital/LED Display CEVM8, are acceptable for conforming off-premise uignm, if
found to be consistent with the FSA and with acceptable and approved State regulations, policies and procedures.
This guidance does not prohibit States from adopting more restrictive requirements for permitting CEVMS to the
extent those requirements are not inconsistent with the HB/\. Federal negu|otinno, and existing F8As• Similarly,
Divisions are not required to concur with State proposed regulations, policies, and procedures if the Division review
deiemminao, based upon all relevant information, that the proposed nagu|edpnw, policies and procedures are not
consistent with the FSA or do not include adequate standards to address the safety of the motoring public. If the
Division Office has any question that the FSA is being fully complied with this should be discussed with the State and
a process to change the FSA may be considered and completed before such CEVMS may be allowed on HBA
controlled routes.The Office of Real Estate Services is available to discuss this process with the Division, if
requested,
If the Division accepts the State's assertions that their FSA permits CEVMS, in reviewing State-proposed regulations,
policy and procedures for mcceptmbiUty' the Divisions should consider all relevant information, including, but not limited
to duration of message, transition dme, bhQhtneom, spacing, and location, to ensure that they are consistent with their
FSA and that there are adequate standards to address safety for the motoring public. The Divisions should also
confirm that the State provided for appropriate public input, consistent with applicable State law and requirements, in
its interpretation of the terms of their FSA as allowing CEVMS in accordance with their proposed regulations, policies,
and procedures.
Based upon contacts with all Divisions, we have identified certain ranges of acceptability that have been adopted in
those States that do allow CEVMS that will be useful in reviewing State proposals on this topic.Available information
indicates that State regu|etions, policy and procedures that have been approved by the Divisions to daba, contain
some or all of the following standards:
• Duration of Message
O Duration of each display is generally between 4 and 10 seconds-8 seconds is recommended_
• Transition Time
o Transition between messages is generally between 1 and 4 seconds- 1-2 seconds is recommended.
• Brightness
o Adjust bri h tnasp in to changes in light levels so that the signs are not unreasonably bright for
the safet of the motoring public.
• Spacing
✓ Spacing between such signs not less than minimum spacing requirements for signs under the FSA, or
greater if determined appropriate to ensure the safety of the motoring public.
• Locations
» Locations where allowed for signs under the FSA except such locations where determined inappropriate
to ensure safety of the motoring public.
Other standards that the States have found helpful to ensure driver safety include a default designed to freeze a
2o[3 2/10/2012 11:46 At
^muumw"uww-vumunooumo/prrnm/oc Changeable Message Signa .. hnp://www.thwa.dot.gov/realestate/offprmsgsnguid.htm
display in one still position if a malfunction occurs; a process for modifying displays and lighting levels where directed
by the State DOT to assure safety of the motoring public; and requirements that display contain static messages
without movement such as animstion.Oamhing, mcroUing, intermittent or full-motion video.
Conclusion
This guidance is intended to provide information to assist the Divisions in evaluating proposals and to achieve national
consistency given the variations in FSAs, State law, and State nagu|odone, policies and procedures. It is not intended
to amend applicable legal requirements. Divisions are strongly encouraged to work with their State in its review of
their existing FSAs ond, if appropriate, assist in pursuing amendments to address proposed changes relating to
CEVMS or other matters. In this regard, the Office of Realty Estate Services is currently reviewing the process for
amending FSAe, as established in 1980. to determine appropriate revisions to streamline requirements while
continuing to ensure there is adequate opportunity for public involvement.
For further information on guidance on Off-Premise Changeable Message Signs, you may contact the Office of Real
Estate Services'"Point of Contact"serving your Division or Catherine O'Hara by e-mail: (Catherine.CrHara@dot.qov).
This page last modified on June 27, 2011
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United States Department of Transportation - Federal Highway Administration
3 of 3 2/10/2012 H:46 AM
,��csoT MINNESOTA DEPARTMENT OF TRANSPORTATION
P et Engineering Services Division
as °F Technical MemorandumMay 19, 2008'No.08-07-TS-01
44'
•4f TRP--
To: Distribution 57, 612, 618, and 650 4 )
From: Rick Arnebeck 4 jA .i-■J` ,
Director, Engineering Services Divi ion
Subject: Flashing and Moving Lights on Outdoor Advertising Devices
Expiration
This Technical Memorandum supersedes Technical Memorandum 03-11-ES-01 and will be in effect until
May 19, 2013.
Implementation
The guidelines and instructions described in this Technical Memorandum are effective immediately for all
roads in Minnesota that are on the National Highway System and all roads that were a part of the Federal
Aid Primary System as it existed in 1992.
Introduction
This Technical Memorandum establishes a uniform policy to determine whether lighting displays of
outdoor advertising devices contain flashing or moving lights,.
Purpose
To provide District personnel charged with enforcement of MN Statute Chapter 173 (Outdoor Advertising
Act) (http:Uwww:revisor.leg.state.rnn,us/stats/173)with a clear guideline as to what constitutes flashing or
moving lights.
Guidelines
This guideline is intended for evaluating all off-premise outdoor advertising devices that utilize lighting
for illumination and displaying messages or pictorial images. MN Statute 173.15, (7)
(httpJ/www.revisor.leg.state.mn.us/stats/173/15.html) prohibits any outdoor advertising device"which
has distracting flashing or moving lights so designed or lighted as to be a traffic hazard.
Chapter 173.16, Subd 4(establishment of spacing requirements)
(httpJ/www.revisor.leg.state.mn.us/stats/173/16.html),allows motorists to be exposed to an off-
premise advertising device every six seconds when traveling 90 km/h (55 mph)on trunk highways
and expressways and every 5 seconds when traveling 110 km/h (70 mph)on rural interstates.
This is determined by the following calculations:
1 Outdoor advertising devices are allowed every: 150 m(500 feet)
Trunk Highways &Expressways Rural lnterstates
Vehicle Speed
90 km/h or 25 m/s 110 km/h or 30 m/s
(55 mph or 80.7 ft/second) (70 mph or 102.7 ft/second)
Time between allowable display
15 0m/25 m/second=6.0 seconds 150 m/30 m/second= 5 seconds
(500 ft 180 7 ft/second= 6 seconds) (500 ft/102.7 ft/second = 5 seconds)
-MORE-
Technical Memorandum No. 08-07-TS-01
Flashing and Moving Lights on Outdoor Advertising Devices
May 19, 2008
Page 2
Using these calculations, a measurement can be taken for determining whether lighting display is
prohibited because it is either flashing or moving. Lighting display changes that occur less than once
every six seconds present motorists with more off-premise advertising displays than the MN Statute
173 allows through its spacing requirements. Lighting display changes occurring once every six
seconds, or more, do not present motorists with any more of a visual display than ordinary illuminated
devices.
Lighting which presents a new message, pictorial image, or changes illumination at a rate less than
once every six seconds is determined to be a flashing or moving light and is in violation of MN Statute
173.15, (7).
Questions
For information on the technical contents of this memorandum, please contact Scott Robinson,
State Outdoor Advertising Coordinator,at(651)366-4671,Office of Technical Support.
Any questions regarding publication or distribution of this Technical Memorandum should be referred
to the Design Standards unit, designstandards @dot.state.mn.us. A link to all active Memoranda and a
list of historical Technical Memoranda can be found at http://www.dot.state.mn.us/atoz.html.
-END-