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.
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(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
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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
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Gary L. Peterson, Mayor
Attest:
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Katie Bruno, City Clerk /Council Secretary