5.2 PCSR 01-27-2015City of
Elk
River
Request for Action
To
Item Number
Planning Commission
5.2
Agenda Section
Meeting Date
Prepared by
Planning Items
January 27, 2015
Zack Carlton, Planner I
Item Description
Reviewed by
Request by Phoenix Enterprises for Conditional
Jeremy Barnhart, Deputy Director CODD
Use Permit to permit a changeable copy sign larger
than 30 square feet
Reviewed by
Public Hearing, Case No. CU 15 -02
Action Requested
Recommend, by motion, approval or denial of the Conditional Use Permit (CUP) as proposed. If a
recommendation of approval is recommended, staff suggests the following conditions:
1. The Conditional Use Permit is not a building permit and the applicant must apply
for and receive approval of all required permits before construction may begin.
2. Submit technical specifications showing the sign complies with all requirements in
Section 30 -864 (e).
Background /Discussion
Rick Foster representing Phoenix Enterprises LLC is requesting a Conditional Use Permit to allow
construction of a sign with a changeable copy portion in excess of 30 square feet. The sign is proposed to
replace an existing sign at 19260 Evans St. NW in the Hillside Crossing South subdivision. The property
is zoned Highway Commercial (C -3) and permits signs of up to 150 square feet in area and 30 feet in
height.
The proposed sign is 30 feet tall and has an overall sign area of 136 square feet, meeting ordinance
standards. The changeable copy section of the sign is approximately 50 square feet, requiring a CUP. The
sign is sited in a similar location as the current sign, approximately 16 feet from the property line, meeting
the ten foot setback required for all signs. The existing sign will be removed.
Applicable Regulations
Changeable Copy Signs
The city requires a CUP to allow for the more formal review of potential impacts associated with some
types of development, and to impose conditions intended to mitigate those concerns. In this case,
impacts to nearby motorists resulting from the display of a large digital changeable copy sign. Impacts
may include distracted driving as motorists wait for and read the next image. The Planning Commission
should evaluate the impacts that may result from the construction of the sign, and decide whether or not
the application meets city standards for the issuance of a CUP.
In an effort to reduce driver distraction, city ordinance includes specific regulations to address potentially
negative visual impact. The regulations from Sec. 30 -864 (e) are as follows:
P a w E R E U 6 Y
NaA f RE]
(1) In addition to subsections (a) and (b), the di play must be static, and the transition from one static display to
another must be no more than two seconds. The images and messages displayed must be complete in themselves
and without continuation in content to the next image, message, or any other sign.
(2) May not change more often than once every eight seconds.
(3) Digital displays must be equipped with automatic dimming technology or other mechanisms that automatically
adjust the signs illumination level based on ambient light conditions.
(4) No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average
eyesight or to otbenvise interfere with the driver's operation of a motor vehicle.
(5) The display must be designed and equipped to free .Ze the device in one position if a malfunction occurs. The
display must also be equipped with a means to immediately discontinue the display if it malfunctions, and the
sign owner must immediately stop a digital
The current application does not include information regarding these regulations, and submittal of
information showing compliance is included as a condition of approval.
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
(9) mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neigbborbood or the city.
(2) mill be consistent witb the comprehensive plan.
(3) mill not impede the normal and orderly development and improvement of surrounding vacant property.
(4) mill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and scbools; and
will not, in particular, create trac congestion or interference with trac on adjacent and neigbboring public
thorougbfares.
(5) mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive trafc, noise, smoke, fumes, glare, odors, dust or
vibrations.
(6) mill not result in the destruction, loss or damage of a natural, scenic or bistoric feature of major importance.
(7) Wlill fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license orpermit to establisb and operate the proposed use in the city.
If denial of such a permit should occur, it shall accompany recommendations or determinations by
findings or a report stating how the proposed use does not comply with the standards set forth in Section
30 -654.
Financial Impact
None
Attachments
• Location Map
• Applicants Narrative dated December 28, 2014
• Sign Elevation Drawing
• Site Plan
N: \Departments \Community Development \Planning \Agendas \PC Agenda Packets \2015 \01 -27- 2014 \5.2 sr CU 15 -02 SR Phoenix PC 01-27 -
2015.docx
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