7.6. SR 06-20-2016City of
Elk az
—
River
Request for Action
To
Item Number
Mayor and City Council
7.6
Agenda Section
Meeting Date
Prepared by
Public Hearinj
20, 2016
Zack Carlton, Planning Manager
Item Description
Reviewed by
Franklin Outdoor Advertising — Oudot A, Elk Path
Chris Leeseberg, Senior Planner
Business Center
Reviewed by
■ Preliminary Plat of KAF Acres
Cal Portner, City Administrator
■ Resolution for Final Plat
■ Conditional Use Permit for Changeable Copy
Sign
Action Requested
Approve, by motion, the Preliminary Plat of 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.
2. The plat be updated to include dedication of public right-of-way along the south and west
boundaries of Lot 1, Block 1, to facilitate the future extension of Business Center Drive and a
Highway 10 frontage road.
Adopt, by resolution, the Final Plat of KAF Acres with the following conditions:
1. Staff approval of an updated final plat reflective of the dedicated right-of-way required as part of
the Preliminary Plat.
2. Park Dedication shall be paid in the form of cash in the amount required by the city at the time
the Final Plat is released for recording. (currently 8% of the county assessed value)
3. Surface Water Management Impact Fee be paid in the amount required by the city at the time the
Final Plat is released for recording. (currently $1,326/acre)
4. 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.
Approve, by motion, 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 CUP 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).
P a w E R E U 6 Y
NaA f RE]
Background/Discussion
Case No. P 16-06 & CU 16-16
The property is zoned Highway Commercial (C-3) where advertising signs are permitted as a principal
use. The property is currently an oudot 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 received 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 CUP to create a digital changeable copy sign that is larger than 30 square
feet. The new location meets all setback and spacing requirements for signs, except for the wetland buffer
setback.
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.
Right -of -Way Dedication
Since the Planning Commission review staff has identified a need to acquire right-of-way (ROW) along
the south and west boundaries of Lot 1, Block 1. The ROW will provide the land needed for a future
extension of Business Center Drive west of the intersection with Waco Street. The planned roadway
extension will connect with Service Drive NW in Big Lake Township where ROW has already been
dedicated for the connection. The Heritage Maples Senior Living plat, northwest of the current site, also
dedicates ROW along Hwy 10 and includes construction of a segment of the planned frontage road.
Requiring dedication of ROW for public streets is permitted via MN Statute 462.358.
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.
Applicable Regulation
Preliminary and Final Plat
Approval of a 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 honing regulations (article VI of this cbapter) and conforms in
all respects with all requirements of this Code, including the honing 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 specialised city, county, and regional
plans, including but not limited to, the city's comprebensive 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 oudot 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 otber services, facilities and improvements otbem'se 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 if any of the following exists.-
a.
xists.
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sewer ystems.
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 is consistent with all required findings for approval of the Preliminary Plat.
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.
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 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) mill be consistent with the comprehensive plan.
The proposed use is consistent with the comprehensive plan.
(3) mill 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) Hill 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) mill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or property because of excessive traflic, 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) mill 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) mill fully co*ywitb all other requirements of this Code, including any applicable requirements and
standards for the issuance of a license orpermit 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.
Planning Commission
During the public hearing the applicant spoke in support of their application and no other comments
have been received for or against the request.
The Planning Commission unanimously recommended approval of the Preliminary Plat and CUP.
Statutory Review Period
Per State Statute X15.99 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.
Financial Impact
None
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
■ Right-of-way Recommendation Diagram
■ Resolution for Final Plat
I
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20092 Edison Circle East Clearwater, MN 55320
uw����P 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 Oudot 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 pole I2x25 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
13065 Orono Parkway
Elk River, MN 55330
May 5, 2016
Steve Anderson
Franklin Outdoor Advertising
2002 Edison Circle East
Clearwater, MN 55320
VIA EMAIL: sanderson@franklinoutdoor.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
www.ci.e1k-river.mn.us
P0WEBE0 6
NAf"'UREI
Plat
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@E1kRiverMN.gov
20092 Edison Circle East Clearwater, NIN 55320
uw����P 320.558.3000 - 800.221.4144 - fax 320.558.3004
OUTDOOR ADVERTISING "Outdoor Advertising SELLS foryou all day, every day."
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
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Resolution 16-
A Resolution of the City of Elk River Granting Final Plat Approval for
KAF Acres
Case No. P 16-06
WHEREAS, application has been made for final plat approval, pursuant to Section 30-374
of the Elk River City Code of Ordinances, of the property legally described on attached
Exhibit A and hereinafter referred to as "the Property"; and
WHEREAS, a preliminary plat of the Property was approved by the City Council on June
20, 2016; and
WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by
the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions set forth by the
City Council in its approval of the preliminary plat of the Property.
NOW, THEREFORE, BE IT RESOLVED
It is hereby determined by the City Council for the City of Elk River as follows:
A. The proposed subdivision is consistent with Chapter of 30 of the City Code
of Ordinances and conforms with all of its requirements.
B. The proposed subdivision is consistent with all applicable general and
specialized city, county, and regional plans including, but not limited to, the
City's Comprehensive Plan.
C. 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.
D. The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage transportation, erosion control and all other services,
facilities and improvements otherwise required herein.
E. The proposed subdivision will not cause substantial environmental
damage.
P O w E R E U 9 1
AUR
F. The proposed subdivision will not conflict with easements of record or with
easements established by judgment of a court.
G. The proposed subdivision will not have an undue or adverse impact on the
reasonable development of neighboring land.
2. Final plat approval is hereby granted for the Property, subject to the conditions set
forth in attached Exhibit B.
The officers of the City are hereby authorized, once the conditions set forth in
Exhibit B are met and complied with, to sign the final plat for the Property and to
issue a certified copy of this Resolution giving final approval of the plat.
4. The owner of the Property is authorized to record the final plat as required by law
and shall file proof of said recording with the City. No building permits will be
issued for the Property until the final plat is recorded.
This final plat approval shall expire two years from the date of this resolution if the
final plat is not recorded within that time.
Passed and adopted this 20"' day of June, 2016.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
P O W E R E D 0 Y
AUR
EXHIBIT A
LEGAL DESCRIPTION
Outlot A, ELK PATH BUSINESS CENTER, Sherburne County, Minnesota
POWERED 0Y
AUR
EXHIBIT B
CONDITIONS OF APPROVAL
1. Staff approval of an updated final plat reflective of the dedicated right-of-way required as
part of the Preliminary Plat.
2. Park Dedication shall be paid in the form of cash in the amount required by the city at the
time the Final Plat is released for recording. (currently 8% of the county assessed value)
3. Surface Water Management Impact Fee be paid in the amount required by the city at the
time the Final Plat is released for recording. (currently $1,326/acre)
4. 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.
P O W E R E D 0 Y
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Background
■ Requesting Plat approval
■ Parcel is currently Outlot A of Elk Path Bus. Center
■ Required to be platted to establish permanent use
■ Billboard on site is being removed
■ New billboard expanded area & height, and moved
■ Conditional Use Permit
■ CUP required for digital changeable copy larger than
30 sf — 360 sf requested
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Applicable Regulations for Approval
■ Findings for approval of Plat outlined in Sec. 30-375 and
staff report.
■ Findings for approval of CUP outlined in Sec. 30-654
and staff report.
■ All digital changeable copy signs must comply with
performance standards in Sec. 30-864 (e) .
■ Consistent with required findings.
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Planning Commission
■ The applicant spoke in support of their application.
■ PC voted unanimously to recommend approval of plat
and CUP.
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fks.
Right-of-Way Request
■ Since the PC meeting staff identified a need for right-of-
way along south and west sides of lot 1 , block 1 .
■ Provides the property for future extension of Business
Center Drive to county line.
■ First pieces dedicated with Heritage Maples Plat
75-131,2200
75-137-2300 l 4 I -, .
46
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75-131-xtQ1 - m t":
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.0 � -rhe 75-721-0010 t �,�• - {� � � � T ]� � . __. _ -z_,. _
75-131 3210 _
" .,•'� ail r, 75-$$1-001U
5811 SQ
7561x0020 -
7.58,96-0155 1 _y ys� 1 E EM [;k r.
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EAST,,- WEST QUARTER L4NE OF SEC. 31, TWP, 33, RNG. 26. --
-` 9s48`35"E 54{18.80'-8ga4 — —
I�89�4$�35"E 39883 -- -
� f
o ,�/ � � $$��` 8g�'- ��g THE EAST I/4 CORNER OF SEC. 31,
Q fq} ��_ TWP. 33, RNG. 25. A SHERBURNE
`'11 COU3VTi(�CAST`#R"9fil- fONUMENT.
V, U 1Q?
o
1� WET
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LAND
c�r •1 � � 4r rq f ' fA
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1
f / � AGE AND UTILITY �� co
//E ACSEMENT OVER ALL `�'
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F LOT I, BLOCK I. // /I- — q
WET-
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LAND
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Action Requested
■ Approve the Preliminary Plat, Final Plat, and CUP with
the conditions outlined in the memo.
New Location r,Fr i„ -U. 4_ti-�- --
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30-0"FACE
4--0' 3 3 5P.Q 9'-4"=28-0 4'-0"
UPRIGHT UPRIGHT y UPRIGHT $UPRIGHT
REAR I
LADDER
HANG RAIL
I
10'-6 I
STRINGER REAR WALKWAY
FACE
I
3--0-
HAND I TORSION
RAIL- I I NIDE
2'_0"APRON
FRONT FRONT
CR0550VER LEDGER WALKWAY
COLUMN
PIPE
1 2'-O"
H.A.G-L-
II
SLOPE
CONCRETE
GRADE AWAY
FROM PIPE
3"j =lll,il
II
rA Y JA
I
6 ELEVATION I
I
I
I
I
a'-o^
3"
6-0 4'-0" 4'-0-
3' 3..
d
2'-a'
4'-0" 70N
r-a'
WELDEDWIRE FABRIC
4x4-W4xW4
(B.5,OF COLUMN) 5EC7 I ON A-A
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Comprehensive Plan
■ Comp. Plan guides property for Highway Business uses
■ Development is oriented towards regional markets
and promote regional businesses.
■ Proposed use consistent with comp. plan
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Transportation/Circulation
■ Primary access from the south via driveway
■ Construction and maintenance access of concern
■ No impacts to wetland buffer area
■ Access from west and north rather than south