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7.5. SR 04-17-2017 EGty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearin s Aril 17, 2017 BrieAnna Simon, Planner Item Description Reviewed by Conditional Use Permit: Digital Changeable Copy Zack Carlton,Planning Manager Sign, Out Front Media, 18050 Zane Street NW Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion, the Conditional Use Permit (CUP) request with the following conditions: 1. The CUP shall not be recorded until conditions three and four have been satisfied. 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. Staff approval of the final survey and sign location. 4. Staff approval of landscaped plans and specifications outlining compliance with the standards set forth in Sec. 30-871(8). Background/Discussion Case No. CU 17-05 The applicant is proposing to install a digital changeable copy sign (billboard) that is 10.5 x 36 feet and 35 feet tall when measured at grade. Ordinance requires a CUP to construct a digital changeable copy sign larger than 30 square feet. The proposed location meets all required setbacks and spacing requirements for such signs. The parcel is also heavily encumbered by utility easements that leave little opportunity for future development. The property is zoned Highway Commercial (C-3) where advertising signs (billboards) are permitted as a principal use. The property was recently platted as Lot 2,Block 1, ER Ventures Addition. 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 east side of the property off Zane Street. Future maintenance access will be required to follow the same route. POWERED 6T AR Grading/ Drainage Additional impervious surfaces or grading are not proposed. Parking The 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 The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. 1Vill not endanger, injure or detrimentally affect the use and enjoyment of otherpropegy in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The property abuts commercial properties to the north and south,public roadways to the east and west. The location of the sign and resulting illumination are not expected to impact the surrounding properties. 2. 1Vill be consistent with the comprehensive plan. The proposed use is consistent with the comprehensive plan. 3. 1Vill not impede the normal and orderly development and improvement of surrounding vacantproperty. The surrounding properties are developed, and the proposed use will not impact future improvements to the properties. N:APublic Bodies\Agenda Packets\04-17-2017\Final\7.5 sr Out Front Nledia.docx 4. 1Vill be served adequately by and Pill not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, zvater and sezver systems,parks and schools;and V)ill not, in particular, create traf c congestion or interference Pith traf c 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. 1Vill not involve uses, activities,processes, materials, equ pment and conditions of operation that V)ill be detrimental to any persons orpropegy 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. 1Vill 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. 1Vill fully comply Pith all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpeimit to establish and operate the proposed use in the city. 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 The applicant stated during the public hearing, that they are aware of and have no concerns with the four conditions. No one else spoke for or against the request and staff has not received any comments from the public. The Planning Commission unanimously recommended approval of the CUP with the four conditions. Financial Impact None Statutory Review Period Per State Statute 15.99 the required 60-day review period for the CUP ends on April 23, 2017. Attachments ■ Location Map ■ Applicants Narrative ■ Site Plan ■ Billboard Structural Details N:APublic Bodies\Agenda Packets\04-17-2017\Final\7.5 sr Out Front 1Nledio.docx 2/23/2017