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4.1 PCSR 06-27-2017Request for Action ver To Item Number Planning Commission 4.1 Agenda Section Fimune eeting Date Prepared by Public Hearings 27, 2017 Chris Leeseber , Senior Planner Item Description Reviewed by Granite Shores — 633 Main Street NW Zack Carlton, Planning Manager ■ Conditional Use Permit for digital changeable Reviewed by copy sign — Case No. CU 17 -13 Action Requested Approve, by motion, the Conditional Use Permit (CUP) with the following conditions: 1. The authorized use shall not begin until the CUP is recorded. 2. If the proposed work described in the application and CUP has not been substantially completed within two years after the CUP's date of issuance, the permit shall expire and become void. 3. If the authorized use ceases for more than six months, the CUP shall expire. 4. The applicant must apply for and receive approval for all required permits before any construction may begin. The changeable copy sign shall not exceed 80 square feet in size. The signs shall be compliant with the standards set forth in Sec. 30 -864 (e). Advertising messages shall only relate to business conducted on the property (633 Main Street) and nonprofit or charitable organizations as defined by Internal Revenue Code section 501(C) (3). All messages must remain static for a period of no less than five minutes, and no flashing or scrolling is permitted. Background/ Discussion The property is zoned Downtown District (DD) where changeable copy signs larger than 30- square feet require a CUP. The applicant is seeking a CUP to install a 79 square foot changeable copy sign. The sign will be placed on the east elevation between the second and third floor windows. The DD district allows one square foot of wall sign per one linear foot of unit width and shall not project out more than eight inches. At the May 23, 2017, Planning Commission meeting, the commission directed staff to take an ordnance amendment to the city council. The city council, on July 3, 2017, will act on an ordinance amendment to allow signage above the stringcourse in the DD. After acting on that item, they will review and act on this application on July 17, 2017. Heritage Preservation Commission The Heritage Preservation Commission reviewed the proposed ordinance amendment allowing signs above the stringcourse during their May 25, 2017, meeting and expressed support for signage above the stringcourse but they were opposed to any changeable copy signs (specifically digital signs) being allowed p 0 W I R 1 0 B Y I Is lWREE anywhere in the DD. Of primary concern was fast changing, scrolling, or flashing signs. They cited concerns with the character of the area, and distractions along Highway 10. To address some of these concerns, while still permitting the sign, staff recommends requiring each display to be for no less than five minutes, and to have an immediate transition (no scrolling, fading, etc,). This is more limiting that what is currently permitted via Sec. 30 -864 (e). Analysis Comprehensive Plan Mississippi Connections represents the historical core of the city and corresponds to a redevelopment framework adopted by the City Council in November of 2012. This redevelopment framework established specific goals to strengthen the study area, which was broken up into five neighborhoods. These neighborhoods include the older residential and downtown commercial neighborhoods which are facing changes in the form of access and visibility, shopping habits, and housing desires. The Mississippi Connections Plan attempts to identify key strategic objects to reinvent the area as a destination for a variety of uses and activities. Applicable Regulation The issuance of a CUP can be ordered only if the use at the proposed location: 7. mill not endanger, injure or detrimentally affect the use and enjoyment of otberproperty in the immediate vicinity or the public bealtb, safety, morals, comfort, convenience orgeneral welfare of the neigbborbood or the city. With the standards set forth in Sec. 30 -864 (e), the use 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. 2. mill be consistent witb the comprebensive plan. The use will be consistent with the Comprehensive Plan. 3. WIN not impede the normal and orderly development and improvement of surrounding vacant property. There is no surrounding vacant property so the use will not impede the normal and orderly development and improvement of surrounding vacant property. 4. Wl'ill 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 traffic congestion or interference with traffic c on adjacent and neigbbor' public tborougbfares. The use 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. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. N: \Departments \Community Development \Planning \Case Files \CUP \CU 17 -13 Granite shores LLC \4Planning Commission \CU 17 -13 sr 6-27 - 17.docx 6. mill not result in the destruction, loss or damage of a natural, scenic or bistoric feature of major importance. It will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. mill 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. The use 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. 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 ends on July 14, 2017. Attachments • Location Map • Applicants Narrative • Sign Exhibit • Sec. 30 -864 (e) N: \Departments \Community Development \Planning \Case Files \CUP \CU 17 -13 Granite shores LLC \4Planning Commission \CU 17 -13 sr 6-27 - 17.docx Grar-Lite Shores E Conditional U se Per li-n't Case No: CU 1 7-13 River Granite Shores Conditional Use Permit Application Narrative — Changeable Copy Wall Sign Background of Granite Shores Granite Shores is a four story mixed use building in downtown Elk River which has over 10,000 square feet of commercial space on the first floor, and 67 residential apartment units which encompass the top three fours of the building. These luxury apartments are complete with granite counters with oversized slabs, stainless steel appliances, stylish track lighting, washer and dryer in unit, heated underground parking and much more. Purpose of Sign Being located in close proximity and US HWY 10, Jim Soderberg, owner of Granite Shores, is proposing to construct an approximately 70 sq. ft. (12' 6 "x 6'3 ") changeable copy wall sign in downtown Elk River to not only advertise his vacant commercial and residential space and existing commercial tenants, but to draw attention to beautiful downtown Elk River. Soderberg will not be advertising any businesses which are not located within Granite Shores. The sign will be located on the east side of his building, which faces the intersection of Parrish Ave and Main St. In addition to promoting available commercial and residential space, Mr. Soderberg will be promoting downtown activities, including, but not limited to: • Thursday concerts in River's Edge Commons, sponsored by The Bank of Elk River • Elk River Parks & Recreation events located in River's Edge Commons • Farmer's Market, sponsored by The Bank of Elk River • Downtown River's Edge Sidewalk Sales • Downtown River's Edge Santa in the Park • Downtown River's Edge Trick -or -Treat in the Park • McCoy's Annual St. Patrick's Day 5k for CAER • Thumbs Up High 5k Event Because the sign is larger than 30 square feet, a conditional use permit (CUP) is required by the city. The proposed sign will comply with all other applicable codes. Conditional Usc Permit Application 1/6121117 Last Nbdilicd Rigc 2 Print Name: e"T`CyL4 -j Description of Project Narrative The narrative is your opportunity to describe, promote, and sell your proposal to the Planning Commission and /or City Council before the meeting(s). A typewritten narrative explaining your request in detail should include, but not limited to, all the following applicable information: ' Retailed description/ scope of project. ■ What is being proposed? • How is the request consistent with City of Elk River Comprehensive Plan? • fours of Operation • Number of Employees • Number of parking stalls, existing and additional • Is there proposed screening of the site? • Proposed building materials ■ How do they comply with applicable design standards? • Signage — (at tiara a f histallalias, a separate penilit is regidirel for Ettab sign) • How many? • Proposed sizes? • Locations? • 1Vhat type? ■ Is there outdoor storage? • 1Vhat is being stored? • How much? • Proposed screening? Erosion Control I have read, understand, and agree to the erosion control treasures as outlined in Sections 30 -972, 30 -416, and all other locations of Palk River City Code and agree to install or implement the measures upon approval by the City of Elk Riv understand that failure to implement these measures may res t in `mmediate suspects' and possible restoration and mitigation measures. Applicant Signature: ' bate: Print Name: 1 ;i .,,,,, "C- "5 N: \Deparamnes \Community DcvclupmCnc \PtanninR \1ldmin \Application Forms \Conditional Use Permit2017.docx M -121711 MODULAR EXP COLOR 16mm 120x240 LED CABINET: 10'6" x 22' 1" REMOTE USB Header Vinyl: Paint Color: Not Applicable Approved as shown Text Color: Draft; Cowling Text Vinyl: SIGN DESIGN # Date GRAPHICS DISCLAIMER: This custom artwork is not intended to provide an Approved with listed changes exact match between ink, vinyl, paint, or LED color. Brickwork, masonry and landscaping is not included in the proposal. Measurements shown are approximations; dimensions offinal product mayvary. LED images shown Date are simulated to replicate optimum viewing distance. Sign is designed to be illuminated at all times- Sketches are based offofthis premise. � - EXPERIENCE 3/8 " =1' Sk: 890734 -1c ,t Cust: 3130479 ;� tWafSIgnS 3/31/2017 America's Premier Sign Campony 0 /rNorrnan PROPOSAL PH, 1-800-237-3928 - FAX 1- 800 -485 -4280 Sec. 30 -864. - Changeable copy signs. (a) Unless otherwise specified by this subdivision, any changeable copy sign larger than 30 square feet will require a conditional use permit. (b) Changeable copy signs may only display advertising information for on -site businesses, public service announcements, or non - commercial copy. (c) Motor vebicle service stations. Signs for motor vehicle service stations shall be regulated by the provisions for the zoning district in which the facility is located, except that within a freestanding sign, an area not to exceed 16 square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of digital or non - digital changeable copy identifying current fuel prices, in accordance with Minn. Stats. § 239.751. (d) Time and temperature signs. Within all commercial and industrial zoning districts, an area not to exceed 16 square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located. (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. (Code 1982, § 900.22(3)(F); Ord. No. 07 -10, § 1, 7 -16 -2007; Ord. No. 13 -19, § 2,12-16-2013) Editor's note— Section 2 of Ord. No. 13 -19, adopted Dec. 16, 2013, changed the title of � 30 -864 from "Changeable copy" to "Changeable copy signs." Page 1