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7.5 SR 02-22-2022Request for Action To Item Number Mayor and City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearings February 22, 2022 Chris Leeseberg, Senior Planner Item Description Reviewed by Conditional Use Permit: Amend Wall Sign Zack Carlton, Planning Manager Requirements for Hillside Crossing II Planned Reviewed by Unit Development at 19463 Evans Street, Cal Portner, City Administrator DeMars Signs/Salvation Army Action Requested Approve, by motion, the Conditional Use Permit amending the Hillside Crossing II Planned Unit Development design standards for CIC NO. 73 Northbound Crossing Condominium, Unit 1 to allow wall signage consistent with the Highway Commercial zoning district. Background/Discussion The property is zoned Planned Unit Development (PUD) where deviations from the approved PUD agreement require a Conditional Use Permit (CUP). The applicant is seeking an amendment to the current Hillside Crossing 2nd PUD agreement to allow additional wall signage that is consistent with the Highway Commercial (C3) zoning district. Currently the PUD agreement allows: Capital letters shall be no larger than 32" high, lower-case letters shall be no larger than 24" high. Signs shall be located on west and south sides of the freestanding buildings in a symmetrical manner, but in no case shall extend closer than 3' - 4' from the projected lease line. The C3 district allows: Total wall sign area not to exceed 15 percent of façade area. Wall signs are permitted on any façade that is not directly adjacent to a residential zone. Businesses in multi-tenant facilities shall be allowed their proportionate share of permitted wall sign area. For the purposes of this section a road shall constitute a separation of zones. The city has amended several PUD agreements in recent years to allow commercial PUD’s the same signage as other highway commercial districts. The C-3 zoning district is generally located along Highways 169 and 10. The Hillside Crossing PUD is similarly located, and the change would be consistent with the 169 corridor. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: August 2020 Planning Commission During the public hearing, no one spoke for or against the request and staff has not received any comments since the Commission meeting. The Planning Commission had no questions or concerns about the request and unanimously recommended approval. Financial Impact None Mission/Policy/Goal  Meet changing needs - Agile  Ethical, efficient, and responsible  Reflect the culture of citizens and what is important to majority Attachments  Location Map  Applicant’s Narrative  PUD Amendment N:\\Public Bodies\\Agenda Packets\\02-22-2022\\Final\\x7.5 sr.docx Cq .1 � C4 1 4n m iv V) u 4-j I 14r- 12/27/21 19463 Evans Street Parcel Number 75-787-0001 The Salvation Army is moving from 321 Baldwin Ave to 19463 Evans Street. They want to take the channel letter sign off the front of the building FAMILY STORE and the channel letters off the side of the building DONATION CENTER and move the sign to 19463 Evans Street. Salvation army also wants to put a aluminum sign above the donation drop off location an the side of the building at 19463 Evans Street. AMENDMENT NO. 6 to HILLSIDE CROSSING II PLANNED UNIT DEVELOPMENT AGREEMENT CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA nd THIS AMENDMENT NO. 6 is made as of the 22 day of February 2022, by and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City), and Lyn Sahr. W I T N E S S E T H: WHEREAS, on May 6, 1996, the City of Elk River and Elk River Development Corporation entered into the Hillside Crossing II Planned Unit Development Agreement (“PUD Agreement”); and WHEREAS, Lyn Sahr owns CIC No. 73, Northbound Crossing Condominium, Unit 1, which is located within the Hillside Crossing II Planned Unit Development (“PUD”); and WHEREAS, Lyn Sahr has applied for a Conditional use Permit (Case No. CU 22-04) to amend the PUD design standards to allow wall signage for CIC No. 73, Northbound Crossing Condominium, Unit 1 to be consistent with the City’s wall signage standards in the Highway Commercial Zoning district; and WHEREAS, the city has amended several PUD agreements in recent years to allow commercial PUD’s the same signage as allowed for similar highway commercial uses; and WHEREAS, the Elk River City Council has approved five prior amendments to the PUD agreement, including an amendment approved on December 19, 2016, regarding sign requirements; and WHEREAS, on February 22, 2022, the Elk River City Council approved Amendment No. 6 to the Hillside Crossing II Planned Unit Development Agreement, amending the PUD design standards as follows: d. Wall Signs (Freestanding Sites) 5. Wall signage for Unit 1 of CIC NO. 73 Northbound Crossing Condominium shall be as allowed by the Highway Commercial (C3) zoning district. NOW, THEREFORE, it is hereby agreed by and between the parties here as follows: 1.) The Hillside Crossing II Planned Unit Development Agreement is hereby amended as approved per Case No. CU 22-04. 2.) The words, phrases, terms, and conditions used herein shall be interpreted the same as those used in the PUD Agreement. 3.) All other terms and conditions of the Hillside Crossing II Planned Unit Development Agreement, as amended, shall remain in full force and effect and shall be binding upon the parties hereto, except to the extent clearly inconsistent with the terms and conditions of this Amendment No. 6. IN WITNESS WHEREOF, the parties have caused this Amendment No. 6 to be duly executed in their names and on their behalf on or as of the date first above written. ATTEST: CITY OF ELK RIVER _________________________________ ______________________________ John Dietz Tina Allard Its: Mayor Its: City Clerk PROPERTY OWNER: Lyn Sahr By:___________________________ Its:___________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) nd The foregoing instrument was acknowledged before me this 22 day of February 2022, by John Dietz and Tina Allard, the Mayor and City Clerk, respectively, for the City of Elk River, Minnesota. ______________________________ Notary Public PROPERTY OWNER: STATE OF ___________________ ) ) ss. COUNTY OF _________________ ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2022, by ________________________________________ and ___________________________________ of ______________________________. _______________________________ Notary Public