HomeMy WebLinkAbout2022-068RESOLUTION NO. 2022-68
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
A DYNAMIC LED SIGN FOR A MUNICIPAL LIQUOR STORE
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2022-0801) has been submitted by City Staff to the City Council
requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 5225 University Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9.106 (13)(8)(a), to allow a dynamic LED sign in the PO, Public and Open Space
District
WHEREAS, the subject site is zoned PO, Public and Open Space which makes an allowance for
dynamic LED signs which are utilized on existing pylon signs; and
WHEREAS, the applicant plans to affix a dynamic LED sign to an existing pylon sign, and
WHEREAS, the Planning Commission held a public hearing, as required by the City Zoning Code,
on August 4, 2022; and recommended approval of the conditional use permit subject to various
conditions; and
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 that,
after reviewing the proposal, 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 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 sign shall not occupy no more than 60 percent of the actual copy and
graphic area. The remainder of the sign shall not have the capability to have dynamic
LED signs, even if not used. Only one, contiguous dynamic display area shall be allowed
on a sign face.
2. The dynamic LED sign shall not change or move more often than once every ten
seconds, except one for when 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 shall not change or move more often than once every ten seconds.
4. The images and messages displayed shall be static, and the transition from one static
display to another shall be instantaneous without any special effects. Motion,
animation and video images shall be prohibited.
5. The images and messages displayed on the LED sign shall be complete in themselves,
without continuation in content to the next image or message or to any other sign.
6. The LED sign shall be designed and equipped to freeze the device in one position if a
malfunction shall occur. The displays shall also be equipped with a means to
immediately discontinue the display if it malfunctions.
The dynamic LED sign shall 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.
8. The dynamic LED sign shall 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.
9. To ensure "public use" of the dynamic LED sign, the City shall use the sign to display
messaging and announcements of importance and general concern to the residents of
Columbia Heights in addition to advertising for the liquor store.
Passed this 22nd day of August 2022
Offered by: Buesgens
Seconded by: Jacobs
Roll Call: All Ayes, Murzyn Jr. Absent
4ul J.
Am da Marqu Simula, Mayor
Attest:
Sara Ion, City Clerk