4.1. PCSR 11-28-2023Request for Action
To Item Number
Planning Commission 4.1
Agenda Section Meeting Date Prepared by
Public Hearings November 28, 2023 Zack Carlton, Community Development Director
Item Description Reviewed by
McDonald’s – 700 Dodge Ave. NW Chris Leeseberg, Senior Planner
Conditional Use Permit to amend the Planned
Reviewed by
Unit Development Agreement to raise the
permitted sign height to 61 feet with electronic
messaging, Case No. CU 23-22
Action Requested
Recommend, by motion, approval of a PUD amendment limiting the
freestanding sign height to 30 feet above the adjacent grade of Highway
169 (40-feet tall for current application).
Background/Discussion
The property is zoned Planned Unit Development (PUD) where
changes to size regulations (“variances”) require a Conditional Use
Permit (CUP) to amend the PUD agreement. The applicant is seeking a
CUP to increase the height of the McDonald’s freestanding sign to 61
feet tall, due to the recent access and visibility changes resulting from
the Highway 169 project.
After receiving the application, and after the 169 corridor was opened
for use, staff reviewed the visibility of existing signs in the areas where
construction has been completed. The visibility of the subject sign has
not changed while driving northbound, but southbound visibility has
been limited due to the School Street overpass. The sign is still visible
north of the pedestrian overpass (about 1/3 mile away) prior to the exit
to School Street.
Although the School Street (bridge) has a greater elevation than it did
prior to the construction, the visibly to the sign from Highway 169,
approximately a half mile away, has not changed as that portion of highway is the same elevation. The pole
structure is obstructed but the actual sign at the top can still be seen.
The adjacent ramp is at an elevation of 922 feet, the sign is at 912 feet, and the mainline highway is 913 feet. Staff
proposes basing the sign height off the elevation of Highway 169. Existing signage along this corridor was limited
to 30 feet prior to construction, and the recommended change would apply that same height standard, but base if
off of the adjacent highway elevation. Applying that standard to this application, the sign height limit would be at
an elevation of 952 feet or 40 feet tall. This is 30 feet above the ramp and 39 feet above the main line.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
Staff agree that additional sign height should be considered, but a standard along the corridor should be
established. As visibility to the sign, at distances when a decision to exit is required, has not been significantly
impacted, staff recommend the sign height be limited to 30 feet above the adjacent roadway grade. This standard
would be a precedent for future ordinance amendments, variances, and PUD amendments along Highway 169.
Applicable Regulations
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.
Allowing an increased sign height 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 do not see a need to impose specific conditions to satisfy this standard.
2. Will be consistent with the comprehensive plan.
The property is guided as Highway Business. The highway business category primarily consists of a mix of
auto-oriented retail and service businesses, restaurants, and community and regional-scale shopping
centers. Highway business uses are located along Highway 169 and Highway 10 and have high visibility
from these corridors. The use is consistent with the Comprehensive Plan.
Staff do 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.
The surrounding area is fully developed. The use will not impede the normal and orderly development
and improvement of surrounding vacant property.
Staff do 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 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.
Staff do 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.
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 do 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.
The proposed signage will be installed in a location that has previously been developed. The use will not
result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
Staff do 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 do 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
Mission/Policy/Goal
Meet changing needs - Agile
Attachments
Location Map
Applicant Submitted Sign Exhibit
7
A
I
l✓
'
�Z
R
McDonald's Real Estate Company
Conditional Use Permit
�10 0110
75155
75=5!
Case No: CU 23-22
City of
Elk
River
GRAPHIC DETAIL
SCALE: 3/8" = 1'-0"
Persona Signs, rfAO*600mf1a°amte 1El,dd,Ck .mftr vna mAac.bl m. 1
MCtion: S 422910 48118 U mn— ThN 1,11W.pq� rg— °a°am, g0ftvi 1. °.i
persona 700215tStreetSouthwest � ownsm�:me°e°:o,°vFre�+namyanan°namy°nn°s�9n.
PO Dox 210 Location: Prepared By.
ELK RIVER, MN AL W-:° °,9m°ia—..lae°iadhyPe�m.Scg ,LLCprvd°asv�ir,°oy Approval Dale:
Watertown, SD57201-0210 'r.Nd tb,1h°a°°rsv°nand"=°.mtsdo<° °msnndd°,tb, h,,d,
SIGNS LIGHTING IMAGE File Name: Date: Revision:
1.800.843.9888•www.personasigns.cwm 422910•ELK RIVER, MN 9/18/23 0 Ps as°9ds�aoC