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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