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HomeMy WebLinkAbout2016-120RESOLUTION NO. 2015 -120 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a dynamic LED sign for Holiday Station Stores located at 4259 Central Avenue NE. Whereas, a proposal (Case # 2016 -1202) has been submitted by Indigo Sign Works on behalf of Holiday Station Stores to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4259 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (P) (13) (c), to allow a dynamic LED sign to be located in the General Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on December 6th, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning 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; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT (a) 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. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) 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. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) 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. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. City of Columbia Heights - Council Resolution Page 2 (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree 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. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the P0, Public District, in which LED signage may be utilized in existing pylon signs. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 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. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, 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 five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 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. 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 section. 7. 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. Dynamic LED signs must have City of Columbia Heights - Council Resolution Page 3 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. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). 9. Traffic visibility. No planting, structure or other obstruction shall be placed or allowed to grow on corner lots in a manner that will impede vision on the intersecting rights -of -way, in accordance with the following sight triangle: No planting or structure in excess of 30 inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the intersection of the projected curb line of two intersecting streets, then 30 feet along one curb line, diagonally to a point 30 feet from the point of beginning on the other curb line, then back to a point of beginning. A Site Triangle Map is attached. The Building Official or City Planner will conduct a site inspection at the time a building permit and sign permit is issued to ensure compliance. ORDER OF COUNCIL Passed this 12th day of December, 2016. Offered by: Peterson Seconded by: Williams Roll Call: All Ayes S Gary L. Peterson, Mayor Attest: F f Katie Bruno, City Clerk /Council Secretary