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4.1 PCSR 04-24-2018 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Planning Commission Item Number 4.1 Agenda Section Public Hearings Meeting Date April 24, 2018 Prepared by Chris Leeseberg, Senior Planner Item Description Color Sign Systems, Inc. (obo American National Bank) - 17267 Yale St. NW  Digital Sign, Case No. CU 18-07 Reviewed by Zack Carlton, Planning Manager Reviewed by Action Requested Recommend, by motion, approval of the Conditional Use Permit as the standards set forth in Section 30- 654 have been satisfied. Background/Discussion The property is zoned Planned Unit Development (PUD) where changeable copy signs larger than 30 square feet require a Conditional Use Permit (CUP). The property has a land use designation of FAST which allows for a wide variety of uses, including signs accessory to approved uses. The applicant is seeking a CUP to install a 40 square foot (10’ x 4’) changeable copy sign on an existing monument sign on the subject property. The bottom of the proposed sign is approximately five feet above the ground. A changeable copy sign is a sign or portion thereof with characters, letters or illusions that can be changed or rearranged mechanically (or digitally) without altering the face of the surface of the sign. The zoning districts near the subject site can be seen on the Area Zoning exhibit. Applicable Regulation In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. 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 sign is located about 220’ from the nearest residential structure and is situated near perpendicular to the area residential structures, limiting direct exposure to the lit sign. The sign is also positioned approximately 60 feet behind where a vehicle is queued to make a right hand turn onto Highway 10/169. It will not interfere with motorists making this right hand turn. N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-07 Color Sign Systems, Inc. (American National Bank)\4-Planning Commission\CU 18-07 sr PC 4-21-18.docx 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. Staff does not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the comprehensive plan. The property has a land use designation of FAST which allows for a wide variety of uses, including signs accessory to approved uses. The use will be consistent with the comprehensive plan. Staff does not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. There is one vacant parcel directly adjacent to the subject parcel. The proposed sign is screened from sight on the adjacent property. The changeable copy sign will not impede the normal and orderly development and improvement of that vacant property. Staff does not see a need to impose specific conditions to satisfy this standard. 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 sign will not create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. As stated in standard #1, the sign is positioned approximately 60 feet behind where a vehicle is queued to make a right hand turn onto Highway 10/169. It will not interfere with motorists making this right hand turn. It is also setback approximately 75 feet from the drive lane of Highway 10/169 which should not interfere with the traffic. Staff does not see a need to impose specific conditions to satisfy this standard. 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. As was stated in Standard #1, the sign is located about 220’ from the nearest residential structure and is situated near perpendicular to the area residential structures, limiting direct exposure to the lit sign. With the standards set forth in Sec. 30-864 (e), 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. Staff does not see a need to impose specific conditions to satisfy this standard. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-07 Color Sign Systems, Inc. (American National Bank)\4-Planning Commission\CU 18-07 sr PC 4-21-18.docx As no new construction is being proposed, the use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 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. Staff does not see a need to impose specific conditions to satisfy this standard. 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 May 22, 2018. If this item is not acted on during the April 24, 2018 Planning Commission meeting, a 60 day extension will be required. Council Meeting If acted on, this item will go to the May 21, 2018, City Council meeting. Attachments  Location Map  Area Zoning  Sign Exhibit  Section 30-864 (e) 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 t hat 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 allo wed 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, a nd 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 d river 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."