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7.1. SR 07-17-2017Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings July 17, 2017 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit: Granite Shores Digital Zack Carlton, Planning Manager Changeable Copy Sign Reviewed by Cal Portner, City Administrator 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 permit’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. 5. The changeable copy sign shall not exceed 80 square feet in size. 6. The signs shall be compliant with the standards set forth in Sec. 30-864 (e). 7. 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). Background/Discussion Case No. CU 17-13 The applicant is seeking a CUP to install a 79-square foot changeable copy sign. The sign will be placed on the east elevation of the Granit Shores building between the second and third floor windows. The property is zoned Downtown District (DD) where changeable copy signs larger than 30-square feet require a CUP. The sign ordinance permits one square foot of wall sign per one linear foot of unit width and notes that signs shall not project out more than eight inches. 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 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 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: 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. 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. Will be consistent with the comprehensive plan. The use will be consistent with the Comprehensive Plan. 3. Will 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. 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 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. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic 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. 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. 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. Heritage Preservation Commission The commission reviewed the ordinance amendment allowing signs above the stringcourse in DD at their May 25, 2017, meeting and expressed support for signage above the stringcourse but expressed reservations with changeable copy signs (specifically digital signs) being allowed in the DD. Of primary concern was fast changing, scrolling, or flashing signs. They cited concerns with the character of the area. Some of the concerns are addressed in section 30-864 (e), and the commission had less of a concern with the newest buildings located in DD and along Highway 10. N:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.1 sr.docx Planning Commission Meeting Summary There was discussion of the HPC concerns of having digital signs in the DD. The Planning Commission had no issues with digital signs in the DD and removed a condition that limited the frequency at which the signs could transition between messages. The applicant spoke in opposition of limiting the message transition frequency, but has no concerns with the recommended conditions in this memo. The Planning Commission removed the condition limiting frequency of the message transitions and unanimously recommended approval of the request with the conditions outlined in the action requested. 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:\\Public Bodies\\Agenda Packets\\07-17-2017\\Final\\7.1 sr.docx       Page 1  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 vehicle 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."