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4.2 BASR 05-24-2016Request for Action To Item Number Board of Adjustments 14.2 Agenda Section Meeting Date Prepared by Public Hearings May.24, 2016 Zack Carlton, Planning Manager Item Description Reviewed by Franklin Outdoor Advertising — Waco Street & Chris Leeseberg, Senior Planner Reviewed by U.S. Highway 10 ■ Variance to Wetland Buffer Setback, Case No. V 16-04 Action Requested Approve, by motion, the variance request by Franklin Outdoor Advertising to allow a structure to encroach 20 feet into the required 20 foot wetland buffer setback (structures) with the following conditions. 1. Approval of the Preliminary and Final Plats for KAF Acres. 2. Construction activities shall not impact the 25 foot wetland buffer area as described in sec. 30- 1852. 3. Vegetation within the 20 foot wetland buffer setback (structures) shall be returned to their original condition after construction. 4. Paving (class V, bituminous, or other) shall not be permitted within the 20 foot wetland buffer area. If the Board of Adjustments denies the request, or an appeal is made by any interested party by June 3, 2016, the application will automatically be forwarded to the City Council for consideration. That meeting will be held on Monday, June 20, 2016, at 6:00 p.m. Background/Discussion Franklin Outdoor Advertising is proposing to relocate the existing sign on the property southeast of the Highway 10/Waco Street intersection. The existing sign is located within the 25 foot wetland buffer area and will be relocated to higher area between the two ponds on the property. The new location is outside of the 25 foot wetland buffer area. The property is located in the Highway Commercial (C-3) zoning district which permits advertising signs, billboards, as a principal use on parcels of one acre or more. Billboards are limited to 35 feet tall and 400 square feet in area. The existing sign is 12 x 25 feet and the new sign is proposed to be a digital changeable copy sign at 10 x 36 feet. The sign height will be increased to the maximum allowable height allowed by the ordinance. P I V I a E I Iil Template Updated 4/14 [NATUR Applicable Regulation City ordinance outlines the criteria for the granting of a variance. In order for a variance to receive approval, the request must satisfy all five of the following requirements. The applicant's responses to the criteria are included below. 1. Is in harmony with the general purpose and intent of the ordinance, and The intent of the buffer setback is to reduce impervious surfaces near the wetland buffer area. The sign will impact the ground with one pole, and will not significantly impact runoff in this area. 2. Is consistent avith the City of Elk Giver comprehensive plan. The comprehensive plan guides the area for highway business uses, where advertising for businesses is effected. The request is consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the honing ordinance; It is reasonable of the property due to the presence of a two ponding areas on the property. The two ponds cover a majority of the land, leaving little space to be utilized for other uses. The remaining high area of the property is where the billboard will be located, and is a reasonable use of the site not permitted by the ordinance. 4. The plight of the petitioner is due to circumstances unique to the pmperty not a consequence of the petition's own action or inaction; and The location of existing ponds, setbacks, and power lines severely limit the available locations for the proposed use. The existing billboard is near its useful life expectancy and the relocation will increase compliance with the ordinance and limit potential hazards created by locating so close to existing power lines. S. The variance, ifgranted, will not alter the essential character of the locality. There is already a billboard on the property, and the new location is actually further from the intersection of Hwy 10 and Waco Street. Statutory Review Period Per State Statute 15.99 the required 60 day review period ends on June 25, 2016. Financial Impact None Attachments ■ Location Map ■ Applicants Narrative ■ Staff Comment Letter dated May 5, 2016 ■ Applicant response letter dated May 17, 2016 ■ Preliminary Plat updated May 13, 2016 ■ City Ordinance Sec. 30-1852 \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\V\V 16-04 Franklin Outdoor Adv\V 16-04 sr BOA Franklin Outdoor Adv.docx ol os &44 91 4. 20092 Edison Circle East Clearwater, MN 55320 320.558.3000.800.221.4144 •fax 320.558.3004 OUTDOOR ADVERTISING "Outdoor Advertising SELLS for you all day, every day." April 28, 2016 To: City of Elk River Planning Department, Planning Commission and City Council Subject: Land and billboard at Hwy 10 W. and Waco St. Greetings Mr. Carlton, Commissioners and Councilors, We are requesting the platting of Outlot A Elk Path Business Center to Lot 1, Block One 1, KAF Acres; simultanaeously requesting a CUP for a digital sign larger than 30 square feet and a variance if necessary to relocate the sign out of the wetland buffer zone but within the wetland setback area. Approval of the plat will allow us to operate our billboard under the guidelines of the C-3 zoning district. Our request is to remove the existing old wood polel2x25 billboard sign and rebuild a new steel single pole 10' x3 6' with the ability to install a digital face. A conditional use permit is needed to install a digital sign over 30 square feet. The new sign will match the size of the other signs we have rebuilt in the city and will remain the principle use of the property. Our request will move the sign away from the pond, to the berm, and out of the wetland buffer zone. The new site, will also allow us to build a safe distance from the electrical wires and meet the set back requirements and allow for more work space under the sign. We feel this is in the best interest of all involved and ask that you waive the variance fee because we are improving the current nonconformity. The new site is supported by Environmental Technician Kristen Mroz. Our request will meet all performance standards of the C-3 zone and as well move towards conformance with a single pole sign and moving out of the buffer zone. We feel a digital sign would fit well at this location for 3 main reasons; 1. Very few signs on the west side of town. 2. Near a stop light. 3. Parcel ownership secures the site. In summary we are asking for your approvals to help us improve and update our business operation on the west side of Elk River. Thank you for your time and consideration. I look forward to discussing this at the next available meeting. Should you have any questions, I can be reached at 763-286-2009. Sincerely, Steven L. Anderson City I ILkki RiV6'r 13065 Orono Parkway talk River, MN 55330 May 5, 2016 Steve Anderson Franklin Outdoor Advertising 2002 Edison Circle East Clearwater, MN 55320 VIA EMAIL: sanderson@fianklinoutdoor.com RE: Comment Letter, Preliminary and Final Plat — KAF Acres Variance — Structure in wetland buffer Conditional Use Permit — Digital Changeable Copy Sign Dear Mr. Anderson, Staff conducted a review of the materials submitted on May 2, 2016. The following comments and recommendations are intended to bring the project in line with current city requirements and should be addressed on future plans. It is helpful to include a response letter to the comments below. Unaddressed comments will be incorporated into recommended conditions for Final Plat approval. General Comments 1. Please submit an updated site plan accurately depicting the final location of the sign. The site plan should include all setback information to ensure compliance with city ordinances. 2. City ordinance limits advertising sign height to 35 feet when measured perpendicularly from the nearest road grade. Please provide a section or other appropriate information illustrating the final height of the sign and nearest road grade. 3. A plan identifying erosion control and vegetation around the sign is required. Variance 4. The sketch plan shows the sign in the most reasonable location in terms of wetland impacts. The requested site plan will allow staff to confirm the impacts. 5. Please identify the construction and maintenance route to and from the sign. This can be shown on the site plan. All efforts to minimize impacts to the 25 foot buffer area should be made. Phone: 763.635.1000 Fax: 763.635.1090 P 1 /ERE 1 i y www. ci. elk -river. mn. us Plat 6. Please include the ordinary high water level of the pond and the associated 25 foot buffer line on the preliminary plat. If you have any questions I can be reached at 763.635.1035. Please address these comments on future plans submitted to the city. Sincerely, Zack Carlton Planning Manager zcarlton@ElkRiverMN.gov 20092 Edison Circle East Clearwater, MN 55320 320.558.3000 e 800.221.4144 •fax 320.558.3004 "Outdoor Advertising SELLS for you all day, every day." OUTDOOR ADVERTISING May 17, 2016 To: City of Elk River Planning Department, Planning Commission and City Council Subject: Platting KAF Acres Greetings Mr. Carlton, Commissioners and Councilors, We are requesting the platting of Outlot A Elk Path Business Center to Lot 1, Block One 1, KAF Acres; simultaneously requesting a CUP for a digital sign larger than 30 square feet and a variance if necessary to relocate the sign out of the wetland buffer zone but within the wetland setback area. Approval of the plat will allow us to operate our billboard under the guidelines of the C-3 zoning district. Our request is to remove the existing old wood pole 12x25 billboard sign and rebuild a new steel single pole 10'x36' with the ability to install a digital face. A conditional use permit is needed to install a digital sign over 30 square feet. The new sign will match the size of the other signs we have rebuilt in the city and will remain the principle use of the property. Our request will move the sign away from the pond, to the berm, and out of the wetland buffer zone. The new site will also allow us to build a safe distance from the electrical wires and meet the set back requirements and allow for more work space under the sign. We feel this is in the best interest of all involved and ask that you waive the variance fee because we are improving the current nonconformity. The new site is supported by Environmental Technician Kristen Mroz. Our request will meet all performance standards of the C-3 zone and as well move towards conformance with a single pole sign and moving out of the buffer zone. Upon application, staff had comments. We have addressed most of the comments on the final survey and with the following comments. Temporary access from hwy 10 will be used during the construction phase of this project. An application has been submitted to the MNDOT. Regular and ongoing maintenance will use old Waco St to access the sign. We will provide erosion control as necessary during construction with silt fences during excavation. All disturbed ground will be repaired, seeded or planted. Landscaping block will be used where necessary. We anticipate similar landscaping as our sign on hwy 169 near Main St. Our survey indicates the elevation at the sign site is 4 feet lower than the road grade; therefore the maximum overall height of the sign cannot exceed 39 feet from grade. In summary we are asking for your approvals to help us improve and update our business operation on the west side of Elk River. Thank you for your time and consideration. I look forward to discussing this at the next available meeting. Should you have any questions, I can be reached at 763-286-2009. Sincerely, Steven L. Anderson 4/6/2016 Elk River, M N Code of Ordinances Sec. 30-1852. - Performance standards. (a) Wetland buffer strip. A minimum 25-foot buffer strip from the delineated boundary of a wetland or ordinary highwater level of a stormwater pond is hereby established. Wetland buffer strips shall meet the following standards: i. No structure shall be permitted within the wetland buffer strip. ii. Alterations are prohibited within the wetland and wetland buffer strip, unless a vegetation management plan or other approval is granted by the city. iii. The applicant shall establish and maintain wetland and wetland buffer strip vegetation in accordance with the requirements found in section 30-1853. iv. The applicant shall maintain the required wetland buffer strip monumentation at each lot line where it crosses a wetland buffer strip and at 200-foot intervals along the edge of the wetland buffer strip. Each monument shall state "Wetland Buffer: Under the City Code, no mowing, clearing or removal of vegetation in the buffer area is allowed. Call the City of Elk River for more information." The city reserves the right to eliminate this requirement if it deems it impractical. v. The city, at its sole discretion, following the city's master park trail plan, may allow nature trails comprised of natural materials, to be located within the wetland buffer strip. vi. Leisure activities such as hiking, nature studies, canoeing, boating and horseback riding, including facilities such as nature trails and docks which allow for such activities are permitted in the wetland buffer strip. vii. Final plats for all subdivisions shall provide an easement over all wetlands and wetland buffer strips for the purposes of identification and protection. (b) Wetland buffer strip setback. A minimum 20-foot setback from wetland buffer strips is hereby established by the city. No structure, principle or accessory, shall be located within this setback. Nature trails, at the city's approval, may be located within the wetland buffer strip setback. Fences may encroach into the wetland buffer strip setback, but at no time shall they be allowed within the wetland buffer strip. (Ord. No. 06-07, § 216-19-2006) h"://www.municode.com/library/mn/elk river/codes/code of ordinances?searchRequest=%7B%22searchText%22:%22wetland%20setback%22,%22pageNu.. 1/1 �VICINITY MAP 1 SITE ' 31- s°. ? I iE 1/.Tw4 For the purposes of this plot, the East—West er Line of Sec. 31. T. 33. R. 26, is os —d to bear N-N N-48'35" East. O Umoles I/2 i-1, x 14 inch iron pipe set witty plastic plug stomped R.LS. 3057. • D—t- Nm mmLmmt f—d. O Oenoles a SM1erbvme County Casl Iron Monumml. —o—Denotes Limited Access :'•:"':..'.:'V",.`. \ - "' \ N 1IN LWWill 4TwP Rxc 24 sT \ . n. .J�EA tee`` \�--- TI 6 see T,T T IN T. He a px smPe pac. No. uaxwPNT PEu / I HIV )�'�� _ 3/4 1 �f 1' ns* rzox moxwcN .2s. vi aWx I A, II 1 EwA CONSTRUCTION_�. ETAgNC AREA "I 1 �111 .... •..,. 1. / 1 cl GRAPHIC SCALE A7L. 10D50 100 200 0 r° / tin F ......... ........ ..... 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