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7.3. SR 03-17-2014 City of Elk=' Request for Action River To Item Number Mayor and City Council 7.3 Agenda Section Meeting Date Prepared by Public Hearinj March 17, 2014 Zack Carlton,Planner I Item Description Reviewed by Ordinance Amendment:Amend Language Jeremy Barnhart,Deputy Director, CODD Regarding Billboards, Case No. OA 14-01 Reviewed by Cal Portner, City Administrator Action Requested Approve or deny,by motion,the draft ordinance allowing billboards as a conditional use in the I-2 zoning district,as written. Staff and the Planning Commission do not recommend approval. Background/Discussion Through the development of the 2013 sign ordinance revision there was much discussion regarding the desirability of adding opportunities for additional advertising signs (billboards) in the I-2 zoning district. Billboards are currently a permitted use in the C-3, I-1, and I-2 zoning districts, as the principal use,with location stipulations. The principal use clause requires the billboard to be removed when the property becomes more valuable for another more desirable use, (office building, manufacturing facility, etc.) and the owner elects to remove the sign in favor of the building. Without the principal use clause, there is virtually no reason for the sign to be removed. Public Hearing Steve Anderson,with Franklin Outdoor Advertising, spoke in support of the amendment. He stated that the business community desires the additional advertising space, and that he feels a Conditional Use Permit (CUP) is a good compromise. Staff received no other comments for or against the amendment. Planning Commission The Commission discussed the possibility of amending the draft ordinance to include a 20-year time limit with the CUP for a billboard, similar to the City of Rogers, to reduce potential long-term impacts. One Commissioner expressed his support for the amendment and stated he believed this would benefit the business community. The motion was defeated by a 3-2 vote. The Planning Commission also discussed the existing billboard regulations and made note that the opportunity for billboards in the I-2 district already exists. Members of the Commission statedthey were not in support of the amendment,as a property owner already has the ability to construct a billboard on their land by creating a separate parcel. They noted that this is an additional obstacle to construction but if a property owner wanted one they could make it happen with the current ordinance. The Planning Commission voted 4-1 not to approve the ordinance amendment. P a w E A E U s r NaA f RE] Financial Impact None Attachments • Planning Commission packet dated March 11, 2014 • Letter from Steve Anderson dated March 13, 2014 • Ordinance Amendment N:\Public Bodies\Agenda Packets\03-17-2014\Final\Laserfiche\x7.3 sr I-2 Billboard OA.docx Eli Request for Action Rlver To Item Number Planning Commission 7.5 Agenda Section Meeting Date Prepared by Planning Items I March 11, 2014 Jeremy Barnhart, Deputy Director, CODD Item Description Reviewed by Request by City of Elk River for Ordinance Zack Carlton—Planner I Amendment relating to Billboards, Case No. OA Reviewed by 14-01 —Public Hearing Action Requested Recommend,by motion, the draft ordinance as written. Staff does not recommend approval. Background/Discussion Through the development of the sign ordinance revision of 2013, there was much discussion regarding the desirability of adding opportunities for additional advertising signs (billboards) in the I-2 zoning district. Billboards are currently a permitted use in the C-3, I-1,and I-2 zoning districts, as the principal use,with location stipulations. The principal use clause requires the billboard to be removed when the property becomes more valuable for another more desirable use, (office building,manufacturing facility, etc.) and the owner elects to remove the sign in favor of the building. Without the principal use clause, there is no reason for the sign to be removed. At their meeting on February 18, the Council directed staff to prepare an ordinance that would permit a billboard as a second principal use on property in the I-2 zoning district with a Conditional Use Permit (CUP). The CUP allows for adjacent/ interested persons and the City to review and comment on the proposed development. When a CUP is issued, the CUP runs with the land and so long as the conditions imposed are followed, the CUP remains valid. It is likely that with CUP protection, and the permissibility of a second principal use, a billboard will be in its location for 100 years. Financial Impact None Attachments • Draft ordinance • Billboard regulations in nearby municipalities p 0 W E H E I B Y A ` .,. U j 6 C, 4s � � 72 10 ILI CJ E E 0 u ro 0 0 ca -0 A R 7a� i 20092 Edison Circle East Clearwater,MN 55320 320.558.3000.800.221.4144•fax 320.558.3004 1%� 03 "Outdoor Advertising SELLS for you all day,every day." OUTDOOR ADVERTISING Greeting Councilors, Thanks for your support in asking the staff to draft language amending the sign ordinance to allow billboards as a CUP in the I-2 zoning district. As you know, our company supports this amendment as a good and responsible alternative to the current regulations. I ask for your continued support by approving this amendment. Approval would allow billboards in areas, desirable to businesses, along the highways leading to the heart of the city. I believe this would prove to be an asset for the business community of Elk River and to the property owners,without the complexities of going through the platting and surveying expense and process. The billboard location map, provided by staff, illustrates the essence of the desire for this amendment. Ideally, a business community would like to have advertising opportunities on all major roadways leading in to a city. Your approval of the amendment would ease the ability for this to occur. Thank you for your time and consideration. Steve Anderson Real Estate Manager Franklin Outdoor Advertising. Strikethfaughs to be removed Underlines to be added City of I River Ordinance 14 - An Ordinance Amending Section 30-875, entitled "l-2 medium industrial district" and Section 30-1243, entitled "l-2 medium industrial district" of the City of Elk River, Minnesota, City Code to allow Advertising Signs (Billboards) as a Conditional Use in the 1-2 Zoning District. The City Council of the City of Elk River does hereby ordain as follows: SECTION 1. That§30-875 (5) f- g of the City of Elk River Code of Ordinances shall be amended to read as follows: (5) Advertising signs (billboards), subject to the following: . 3 v :_ devoted t�iL g Shall only be allowed in I-2 zoned property=adjacent to right-of-way for State Highways 10 and 169. SECTION 2. That§30-1293 (d) of the City of Elk River Code of Ordinances shall be amended to add new subsection (13) as follows: (d) Conditional user. Conditional uses in the I-2 district are as follows: i;13) Advertisin��si ns �la.illboards:. i:rt accordance�vitb sec. 3C)-575 SECTION 3.That this ordinance shall take effect upon adoption and be published as provided by law. Passed and adopted by the City Council of the City of Elk River this 17th day of March, 2014. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk 0EPE0 8Y Last Updated March 2014 [NATURE]