HomeMy WebLinkAboutResolution No. 2011-042 RESOLUTION NO. 2011-042
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
TOP VALUE LIQUOR
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2011 -0603) has been submitted by Top Value Liquor to the City
Council requesting a conditional use perrnit from the City of Columbia Heights at the following site:
ADDRESS: 2105 — 37 Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per
Code Section 9.106 (P)(13)(c), to allow a dynamic LED sign in the GB, General Business
District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on June 7, 2011;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to
compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the
surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council accepts and adopts the following findings of the
Planning Commission:
1. The use is one of the conditional uses listed for the zoning district in which the property is
located, or is a substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the surrounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services.
7. Adequate measures have been or will be taken to minimize traffic congestion on the public
streets and to provide for appropriate on -site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree
1 \GJVIUl1V11 INV. L.A./ 11 1 a66 G
that this permit shall become null and void if the project has not been completed within one (1)
calendar year after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The dynamic LED signs may occupy no more than sixty percent (60 %) of the actual copy and
graphic area. The remainder of the sign must not have the capability to have dynamic LED
signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face.
2. The dynamic LED sign may not change or move more often than once every ten (10)
seconds, except one for which changes are necessary to correct hour - and - minute, date, or
temperature information.
3. A display of time, date or temperature information may change as frequently as once every
ten (10) seconds, however information displayed not relating to the date, time or temperature
must not change or move more often than once every ten (10) seconds.
4. The images and messages displayed must be static, and the transition from one state display
to another must be instantaneous without any special effects. Motion, animation and video
images are prohibited on dynamic LED sign displays.
5. The images and messages displayed must be complete in themselves, without continuation in
content to the next image or message or to any other sign.
6. The dynamic LED signs must be designed and equipped to freeze the device in one position
if a malfunction shall occur. The displays must also be equipped with a means to
immediately discontinue the display if it malfunctions, and the sign owner must immediately
stop the dynamic display when notified by the city that it is not complying with the standards
of this ordinance.
7. The dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per
square meter) during daylight hours and a maximum illumination of 500 nits (candelas per
square meter) between dusk to dawn as measured from the sign's face at maximum
brightness. The dynamic LED signs must have an automatic dimmer control to produce a
distinct illumination change from a higher illumination level to a lower level for the time
period between one -half hour before sunset and one half -hour after sunrise.
Passed this 13 day of June 2011
Offered by: Williams
Seconded by: Schmitt
Roll Call: Ayes: Peterson, Williams, Diehm, Schmitt Nay: Nawrocki
Ail' AO'
Mayor Gary L. eterson
Attest:
At /.
• J _..I.
' tricia Muscovit , QMC -
ty Clerk