4.5 PCSR 05-24-2016 i'll('
Elk -....-, Request for Action
River
To Item Number
Planning Commission 4.5
Agenda Section Meeting Date Prepared by
Public Hearings May 24,2016 Zack Carlton,Planning Manager
Item Description Reviewed by
Franklin Outdoor Advertising—Out lot A Elk Path Chris Leeseberg, Senior Planner
Business Center Reviewed by
• Preliminary Plat Approval,KAF Acres,Case No.
P 16-06
• Conditional Use Permit for Changeable Copy
Signs,Case No. CU 16-06
Action Requested
Recommend,by motion,approval of the Preliminary Plat for KAF Acres with the following conditions:
1. Any item or condition found that indicates the site is likely to yield information important to pre-
history or history shall be reported to the city immediately. Further, the city reserves the right to
stop work authorized in its approval until the site is appropriately investigated and work is
authorized.
Recommend,by motion,approval of the Conditional Use Permit (CUP)with the following conditions:
1. The Conditional Use Permit shall not be recorded until condition three has been satisfied, and the
use will not be considered a legal operation until the CUP has been recorded.
2. The Conditional Use Permit is not a building permit and all required sign permits must be
approved by the building department prior to any construction activities on site.
3. Submittal of plans and specifications outlining compliance with the standards set forth in Sec. 30-
864 (e).
Background/Discussion
The property is zoned Highway Commercial (C-3)where advertising signs are permitted as a principal
use.The property is currently an outlot and before a building permit may be granted for the site, the
property must be platted.
The applicant is proposing to remove the existing 12 x 25 foot billboard as it is nearing its useful life
expectancy.The sign will be replaced with a digital changeable copy billboard that is 10 x 36 feet and 35
feet tall when measured at the road grade.To complete the sign relocation the applicant needs approval
of a variance (V 16-04) to place the sign within the wetland buffer setback area, a preliminary and final
plat to receive a building permit,and a Conditional Use Permit (CUP) to create a digital changeable copy
sign that is larger than 30 square feet.The new location meets all required setback and spacing
requirements for signs,except for the wetland buffer setback.
rPSIERE . 1
Analysis
Comprehensive Plan
The property is located within the Highway Business district which guides the property for commercial
uses.This area guides development towards regional market orientations and notes that business should
be regional in nature as well. The proposed use will promote regional businesses,many of which may be
outside of the City of Elk River.
The proposed use is consistent with the Comprehensive Plan.
Transportation/ Circulation
Construction access for the sign will be from the north side of the property. Staff has requested that
access from the south, along the berm,be minimized to reduce impacts to the existing vegetation in the
area. There is an access road along the south and west sides of the lot to be platted,which provides
adequate access for construction activities. Future maintenance access will be required to follow the same
route.
Grading/ Drainage
Impervious surface on the site is not proposed to change and is not subject to our updated stormwater
ordinances. No grading has been proposed.
Parking
The proposed use does not require dedicated parking spaces.
Signs
The proposed sign must follow the requirements for digital changeable copy signs as outlined in section
30-864 (e).
(e) Digital changeable copy signs.
(1) In addition to subsections (a) and (b), the display 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 otherwise interfere with the driver's operation of a motor
vehicle.
(5) The display must be designed and equipped to freeze 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 display when notified by the city that it is not complying with the standards of this
ordinance.
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Applicable Regulation
Approval of a Preliminary Plat may only be ordered if the following findings have been made,as outlined
in Section 30-375:
(1) The proposed subdivision is consistent with the_zoning regulations(article 1/1 of this chapter)and conforms in
all respects with all requirements of this Code, including the zoning regulations and this article.
The property is zoned Highway Commercial and the proposed use is consistent with all
requirements of this code.
(2) The proposed subdivision is consistent with all applicable general and specialked city, county, and regional
plans, including, but not limited to, the city's comprehensive development plan.
The proposed subdivision does not conflict with any city, county, or regional plans,including
the Comprehensive Plan. The applicant is platting a single outlot to a single lot/block
configuration to comply with state and local standards regarding establishment of a principal
uses and building permit standards.
(3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to
erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development
and uses contemplated.
The site is suitable for the proposed development. The sign is proposed to be relocated to a
spot that increases compliance with city standards,but still requiring approval of a variance.
(4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation,
erosion control and all other services,facilities and improvements otherwise required in this article.
The subdivision will not be connecting to city services as the proposed use does not require
such connections. Impacts to storm drainage are not expected to be significant.
(5) The proposed subdivision will not cause substantial environmental damage.
The subdivision will increase compliance with the city's environmental standards by moving a
structure out of the wetland buffer area and into the buffer setback area.
(6) The proposed subdivision will not conflict with easements of record or with easements established by judgment of
a court.
The subdivision will not conflict with easements of record.
(7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of
neighboring land.
The subdivision will not create an undue or adverse impact on the reasonable development of
neighboring land.
(8) The proposed subdivision is not premature.A subdivision is premature ifanj of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack o f adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
The proposed use will not require connections to city services, additional traffic will not
be generated from the use, and the property is largely a stormwater pond with little
impacts from the use.
The project appears be consistent will all required findings for approval of the Preliminary Plat.
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If denial of the plat 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 30-375.
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
1. Will 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 or general welfare of the neighborhood or the city.
The property abuts one residential property to the west,public roadways to the north and east,
and additional property owned by the applicant to the south.The relocation of the sign and
resulting illumination are not expected to impact the surrounding properties.
2. Will be consistent with the comprehensive plan.
The proposed use is consistent with the comprehensive plan.
3. Will not impede the normal and orderly development and improvement of surrounding vacant property.
The surrounding properties are developed, and the proposed use will not impact future
improvements to the properties.
4. Will 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 schools;and
will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
The proposed use will not require connection to essential public facilities, and will not create
traffic,police, or fire demands.
5. Will not involve uses, activities,processes, materials, equipment and conditions of operation that will be
detrimental to any persons or propero because of excessive traffic, noise, smoke,fumes,glare, odors, dust or
vibrations.
The proposed use will increase the ambient light or light pollution in the area as a result of the
large digital changeable copy sign. Staff believes the conditions imposed on all digital signs in
section 30-864 appropriately mitigate these concerns.
6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
The use will not result in the destruction,loss or damage of a natural, scenic,or historic feature
of major importance.
7. Will fully comply with all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license or permit to establish and operate the proposed use in the city.
Provided the variance (V 16-04) has been approved, the use and site fully comply with all other
requirements of the city code.
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
Statutory Review Period
Per State Statute 15.99 the required 60 day review period for the CUP ends on June 25,2016, and the 120
day review for the plat ends on August 23,2016.
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Council Meeting
If acted on, this item will go to the June 20, 2016,City Council meeting.
Attachments
• Location Map
• Applicants Narrative dated April 28, 2016
• Staff Comment Letter dated May 5,2016
• Applicant response letter dated May 17,2016
• Preliminary Plat updated May 13, 2016
• MnDOT Comment Letter dated May 19,2016
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RANKLIN( 20092 Edison Circle East Clearwater,MN 55320
FRAN
320.558.3000•800.221.4144•fax 320.558.3004
"Outdoor Advertising SELLS for you all day,every day."
OUTDOOR ADVERTISING
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'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.
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
)4:4 ....,
City of
Elk .........-
River
13065 Orono Parkway
Elk River,MN 55330
May 5,2016
Steve Anderson
Franklin Outdoor Advertising VIA EMAIL: snderson@franldinoutdoor.com
2002 Edison Circle East
Clearwater,MN 55320
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: 7 6 3.6 3 5.10 9 0 P 0 N ERE 1 IT
www.ci.elk-river.mn.us NATURE
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
(FRANKLIN) 320.558.3000.800.221.4144•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 polel2x25 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
I�,$ESO. Minnesota Department of Transportation
to District 3
I 7694 Industrial Park Road 218-828-5700,�, Office Phone:
°F"I' Baxter, MN 56425 Fax: 218-828-5814
May19,2016
Toll Free: 1-800-657-3971
Mr.Chris Leeseberg
City of Elk River Planning
13065 Orono Parkway •
Elk River,MN 55330
RE: C.S.7102;R.P.210.047(U.S. 10)
KAF Acres Preliminary Plat
Sherburne County,Minnesota =:
Dear Mr.Leeseberg: -1
The Minnesota Department of Transportation(MnDOT)has reviewed the above-referenced plat in
compliance with the provisions of Minnesota Statutes 505.03,Plats and Surveys. MnDOT would like rr
to offer the following comments/recommendations:
1. There does not appear to be discrepancies or encroachments affecting the State right of way
requiring action at this time.
2. There shall be no net increase in storm water runoff to the U.S.Highway 10 right of way from said
property. Computations of all storm water directed toward the right of way shall be provided to
MnDOT. Contact Bob Nibbe,District 3 Hydraulics Engineer,at 218/828-5792 for additional
information.
3. Since the property abuts MnDOT right of way,a permit is required to perform any work in the
right of way. Contact Mark Renn,District 3 Permits Supervisor,at 320/223-6522 for additional
information.
If you have any further questions or comments,please call me at 218/828-5780.
Sincerely,
i�i`ter ‘,„/"?
Jon Mason
Senior Planner
min
cc: MnDOT District 3 Entrance Group(electronic)
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An Equal Opportunity Employer
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