HomeMy WebLinkAbout[03b] Public Hearing, Special use15 2013
APPLICATION FOR CONDITIONAL USE PERMIT 001
Off - Premise Sign (Billboard)
Environmental Services Department
http:Hco.steams.mn.us/Envirorunent/LandUseandSubdivision
Administration Center Rm 343 - 705 Courthouse Square - St. Cloud, MN 56303
320 -656 -3613 or 1- 800 - 450 -0852 - Fax 320 -656 -6484
Application Fee: $ r
PP � File No. �— O4� 1 �� � Receipt No. I3 a o2St2D
Property Owner S T. Phone
Address of Property Y& Cd RJ ? S T •
Mailing Address 45 p--/ 6?,f ,
Applicant (if different from above) Phone
Applicant Mailing Address
Parcel I.D. Number(s 11 iJ. Vo 1 p Township S1 . Section
Legal Description 14 0 e l /3 C4 —q.ir"
Primary Zoning District Section of Ordinance q- 1D
Proposed Use 'M BofXIL& Section of Ordinance 04
Staff to Complete
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• Sh eland: r Body Name/Number Classification
1. Description of Request dV>- dgr�n
2. Describe any lighting that will be used to illuminate the sign. 6 V G t i- 1, Out;
Structure and Setbacks (As shown on site plan) "R %,
3. Total Square Footage (include both sides) g 6�
4. Setback from right -of -way
5. Setback from adjacent property lines
6. Setback from nearest intersection I po o ►+ ) 3 3
7. Distance from any park, historical site, public picnic
or rest area, church, or school property 1111. 4-
8. Distance from nearest advertising sign
9. Height (above average ground level at base of the sign)
Note: In order to fully evaluate the proposed use, please supply a site plan map that shows all applicable
distances, setbacks, signs, buildings, roads, etc. n
Property Owner's Signature
Applicant's Signature.
Signature of this application authorizes Environmental
Entry may be without prior notice
Date (r
Date
Staff to enter upon the property to perform needed inspections.
WHAT HAPPENS NEXT? Staff will review your application and determine if the application is complete.
If the application is complete, the application will be scheduled for a Public Hearing with the County
Planning Commission who will recommend action to the County Board of Commissioners. It typically
takes 2 months from the time a complete application is submitted until the County Board issues final
approval or denial of the CUP.
STATE OF MINNESOTA
COUNTY OF STEARNS
In the matter of St. Joe Mini - Storage, LLC
ST. JOSEPH JOINT PLANNING BOARD
CONDITIONAL USE PROCEEDINGS
The Joint Planning Board considered a request for Conditional Use submitted by St. Joe Mini Storage,
LLC to structurally alter an existing off - premise sign (billboard). The matter was duly published and
notice was provided to property owners within 350 feet of the above referenced property and the Joint
Planning Board conducted a public hearing on November 12, 2013.
PROPERTY ADDRESS: 8480 County Road 75
PROPERTY LEGAL DESCRIPTION: Lot 4 Block 1 of Braun Addition, lying northerly of County Road
75 in Section 11, St. Joseph Township (124/29).
The St. Joseph Joint Planning Board acknowledged the following Findings of Fact in consideration of
the request for Conditional Use to allow for the alteration of an existing off - premise billboard:
1. The subject property is currently zoned Commercial.
2. The Joint Planning Board on November 12, 2013 considered the request for variance to alter
a non - conforming sign and was subsequently issued, allowing the applicant to seek a
conditional use permit to alter the non - conforming sign.
The request for variance was reviewed as it relates to the following Stearns County
Ordinances #439, Section 7.24.
a. 7.24.1 G: All signs shall be setback from the right -of -way of public roads not less than
(10) feet from the closest part of the sign.
b. 7.24.5 Off Premise Signs (Billboards)
i. Off - premise signs (billboards) may be permitted as a conditional use in any
industrial district and the Commercial district providing the total square footage
of both sides of the sign area is not more than six hundred (600) square feet, for
signs located along principal arterial streets.
ii. No off - premise sign (billboard) shall be located within five hundred (500) feet of
parks, historical sites, public picnic or rest areas, or within 200 feet of a church or
school property.
iii. No off - premise sign (billboard) shall be located closer than thirteen hundred
(1300) feet horizontal distance from any other off - premise sign measured in any
direction. Off - premise signs shall not exceed thirty (30) feet above the above the
average ground level at the base of the sign.
4. The Joint Planning Board on November 12, 2013 conducted a public hearing to consider a
variance on the non - conformity of the sign located at the aforementioned property, granting
the variances on the size and setback of the sign, allowing the applicant to seek approval of a
conditional use permit to alter an existing non - conforming structure.
5. As Zoning Administrator for the Orderly Annexation Area, Stearns County Environmental
Services prepared and forwarded a staff report which included review of the application in
relation to the standards for granting a conditional use permit. The following are the review
comments:
a. The request for conditional use permit is consistent with Land Use and Zoning Ordinance
#439 Sections 4.8, 7.24, and 9.10.5H; and by issuance of a variance is compliant with
setback and size requirements.
b. A building permit will be required from St. Joseph Township.
c. The proposed use is compatible with the present and future land uses in the area as the
area is primarily commercial and industrial in nature. The size of the new billboard is
similar to what was their previously.
d. The proposed use is consistent with the Stearns County Comprehensive Plan in relation
to the Future Land Use Map, Policy Area Map and Economic Development Plan Goal 1,
Objective 7.
e. The Joint Planning Board must determine what if any:
i. Potential environmental impacts
ii. Potential impacts of the proposal to property values in the area
iii. Potential public health, safety or traffic generation impacts the proposal will have
in relation to the area and capability of the roads serving the area
iv. Potential impact to the general health, safety and welfare of the residents
V. Potential impacts to the existing public services and facilities including schools,
parks, streets, and utilities and what potential is there for the proposal to
overburden the service capacity.
vi. Conformance to the City and Township Comprehensive Plan
vii. Other matters or concerns of the Board
6. The Future Land Use Map included in the St. Joseph Comprehensive Plan (City) indicate this
property to remain commercial in the future with CR 75 being a high visibility/high traffic
corridor.
7. The non - conformity does not impact the utilities other than the sewer forcemain from St.
Joseph to St. Cloud is located in the Stearns County ROW and should the sign or any portion
thereof infringe the ROW the City has no responsibility for damages to the sign in the event
work on the forcemain is needed.
DECISION AND CONCLUSION
Based on the Finding of Fact, the St. Joseph Joint Planning Board the Conditional
Use Permit as requested by St. Joe Mini - Storage LLC to alter a nonconforming based on the following:
1.
2.
3.
ST. JOSEPH JOINT PLANNING BOARD
L-In
M.
Drafted by:
City of St. Joseph
PO Box 668
St. Joseph MN 56374
320.363.7201
Jeffrey Janssen, Chair
Judy Weyrens, Secretary
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(i
Conditional Use Permit Request
Off - Premise Sign (Billboard)
Application Date: October 15, 2013
File No: P- 000180
Parcel No.: 31.21191.0010
Applicant/Owner: St. Joe Mini- Storage, LLC
Mike Deutz
PO Box 639
St. Joseph MN 56374
DESCRIPTION OF PROPOSAL
The applicant is requesting a conditional use permit to structurally alter an existing off -
premise sign (billboard). The property owner has an existing billboard that was structurally
altered recently, without receiving permits or approvals for the work. The billboard is non-
conforming; therefore they property owner has applied for a variance from the size and
setback requirements. The property is zoned Commercial and the request is reviewed for
compliance with Sections 7.24 and 9.10.5 H of Stearns County Land Use and Zoning
Ordinance #439.
- -
SITE INFORMATION
Location of Property: The property under consideration is Lot 4 Block 1 of Braun Addition,
lying northerly of County Road 75 in Section 11, St. Joseph Township (124/29). The
property address is 8480 County Road 75, St. Joseph MN.
Zoning: Commercial District
Areas of Concern: The property is within the City of St. Cloud drinking water supply
management areas (DWSMA's). No notice has been sent; a sign will not impact drinking water
supply.
Lot Coverage: Impervious lot coverage is met.
Wetlands: There is no wetland impact with this request.
PERFORMANCE STANDARDS (Section 7.24 Ordinance #439)
7.24.1 G. All signs shall be set back from the right -of -way of public roads not less than ten (10)
feet from the closest part of the sign. All signs shall be set back ten (10) feet from
adjacent property lines.
The billboard is 2feet from County Road 75 and 5.5 feet from the west property line. A
variance must be granted before the CUP can be approved.
7.24.5 Off - premise Signs (billboards)
A. Off - premise signs (billboards) may be permitted as a conditional use in any industrial
district and the Commercial district, providing the total square footage of both sides of
the sign area is not more than six hundred (600) square feet, for signs located along
principal arterial streets. On other streets, the total square footage of sign area shall not
be more than four hundred (400) square feet.
The sign is 768 sq ft. A variance must be granted before the CUP can be approved.
B. No off - premise sign (billboard) shall be located within five hundred (500) feet of parks,
historical sites, public picnic or rest areas, or within two hundred (200) feet of church or
school property.
This is met.
C. No off - premise sign (billboard) shall be located closer than thirteen hundred (1300) feet
horizontal distance from any other off - premise sign measured in any direction. Off -
premise signs shall not exceed thirty (30) feet above the average ground level at the
base of the sign.
The setbacks from other signs are 585ft, 970ft, and 1018ft. A variance must be granted
before the CUP can be approved.
ADJACENT LAND USES & ZONING
North — Commercial and Industrial district; there are a couple homes but it's primarily
industrial use
East — Commercial and Industrial district; property owner's home and commercial use. There
is also a large wetland to the east.
South — Industrial district and City of St. Joseph; within the city is industrial (US Army) and
commercial land uses. Outside city limits is primarily wetland.
West — Commercial district; there's one home and several undeveloped lots. Across
Ridgewood road to the west is commercial/industrial use.
CONSISTENCY WITH COMPREHENSIVE PLAN
Applicable Goals and Objectives from the Stearns County Comprehensive Plan:
Chapter 7 Economic Development Plan
Goal 1. Maintain and strengthen economic diversity.
Objective 2. Enhance the ability of local retail and commercial businesses to sustain small
city and town center commercial area.
Future Land Use Map: Urban Expansion
The Urban Expansion category is described as:
"Areas anticipated to be annexed and provided with municipal services during the
time frame of this plan. Also includes areas under Orderly Annexation
Agreements. Variety of land uses to be determined through joint city- township
planning. Residential uses remain restricted until annexation occurs. Limited
commercial /industrial uses may be considered."
6. What potential public health, safety or traffic generation impacts will the proposal
have in relation to the area and the capability of the roads serving the area, and how
are they being addressed by the proposal?
To be determined by the Joint Planning Board.
7. How does the proposal affect the general health, safety and welfare of the residents?
To be determined by the Joint Planning Board.
8. Does the proposal conform to the goals and objectives of the County's
Comprehensive Plan? Specify which goals and objectives apply.
County Comprehensive Plan
Future Land Use Map: Urban Expansion
Policy Area Map: Metropolitan Area
Economic Development Plan Goal 1, Objective 7.
The Joint Planning Board should determine if the proposal conforms to the City and
Township Comprehensive Plan.
9. How will the proposal potentially impact existing public services and facilities
including schools, parks, streets, and utilities and what potential is there for the
proposal to overburden the service capacity? How will these issues be addressed by
the proposal?
To be determined by the Joint Planning Board.
10. Has the applicant provided financial assurance to guarantee reclamation or
cleanup?
Not applicable.
11.Other issues pertinent to this matter.
To be determined by the Joint Planning Board
Recommended Action:
If the variance is granted from the size and setback requirements, the proposed use is compliant
with Ordinance #439.
If the variance is not granted from the size or setback requirements, the proposed use is not
compliant with Ordinance #439.
Attachments:
1. Staff report
2. Location map
3. Application
4. Site plan
5. Aerial photos
Policy Area Map:
The Metropolitan Area: The multi- county St. Cloud Metropolitan area will
continue to attract a substantial portion of the region's jobs and population
growth. It will also be the location for most major transportation projects, as
planned and programmed by the St. Cloud Area Planning Organization (APO).
This policy area generally encompasses the boundaries established by the 2000 St.
Cloud Area Joint Planning District plan, with some adjustments to the "ultimate
service area" for wastewater treatment.
Policies:
1. Support and update the policies of the Joint Planning District plan regarding
regional coordination of services.
2. Support extension of coordinated, centralized wastewater treatment to the ultimate
service area.
3. Protect the ultimate service area from premature subdivision by limiting large -lot
residential development.
4. Support transit improvements, including the Northstar Commuter Rail extension.
STAFF ANALYSIS:
1. Is the proposal consistent with existing County ordinances (performance
standards)? Specify the applicable section of the ordinance and discuss why or why
not.
Land Use and Zoning Ordinance #439 Sections 4.8, 7.24, and 9.10.5H.
• The property is not in compliance with the setback and size requirements of Section
7.24.1 G and 7.24.5A(3) & C Ordinance #439, unless a variance is granted.
2. Are there any other standards, rules or requirements that the proposal must meet?
A building permit is required from St. Joseph Township.
3. Is the proposed use compatible with the present and future land uses in the area or
can it be separated by distance or screening from adjacent land uses? Why or why
not? How will any scenic views be impacted by the proposed use?
This area is primarily commercial and industrial in nature. The size of the new billboard is
similar to what was there previously. The Board needs to consider if there is an impact
with the illumination of and digital nature of the electronic digital billboard.
4. How are the potential environmental impacts (groundwater, surface water, air
quality, wellhead protection areas) of the proposal being addressed?
To be determined by the Joint Planning Board.
5. How will the potential impacts of the proposal affect the property values of the area
in which it is proposed?
To be determined by the Joint Planning Board.
STEARNS COUNTY ENVIRONMENTAL SERVICES
BOARD OF ADJUSTMENT
SITE PLAN
Indicate in the space below the dimensions of your lot and the locations of the followin,:
1. dimensions and location of structures 3, lakes, wetlands, slopes, bluffs
4. septic systems, wells and neighboring wells
2. setbacks from road right-of-ways,
easements and property line
Return to: Stearns County Environmental Services Department
Administration Center, Room 343
705 Courthouse Square
St. Cloud, MN 56303
(320) 656 -3613 or 1- 800.450 -0852
NJ: IVVR\BOFADI \, iT'rPLI)OC
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CONNECnNG & INNOVATING
srNca lo»
REGULATING DYNAMIC SIGNAGE
Executive summary
Cities have authority and responsibility to regulate dynamic signs as appropriate for each
community. There is no single correct approach to regulation. Because the regulation of signs
involves the First Amendment, courts hold sign regulations to a higher standard than most land use
regulations. Cities still have considerable discretion to regulate, as long as they do so reasonably
and without regard to sign content.
Introduction
In the fall of 2006, a number of Minnesota cities were surprised by the appearance of large
electronic billboards akin to giant television screens. These signs are the next generation of sign
displays with the ability to feature changing images and movement —known collectively as
dynamic signs. Attempts to regulate them resulted in litigation in at least one community -
Minnetonka. In developing a regulatory response, Minnetonka partnered with the League of
Minnesota Cities to commission a study, conducted by SRF Engineering, on the impact of such
dynamic signs on traffic safety. This memorandum discusses the legal framework of regulating
dynamic signage in light of the recent litigation and study.
Regulatory framework
While the federal and state government can enact and have enacted laws regulating signs, those
regulations only provide minimum standards. Courts have explicitly recognized that cities have the
ability to regulate signs, including dynamic signs, more restrictively.
There is no uniform system of regulation that cities must follow. Each community is different and
has different needs that local ordinances may reflect. Such regulations must meet the same basic
legal tests for all sign regulation.
Most city land use decisions get a very deferential standard of review known as rational basis
review. Under this level of review, city decision will be upheld if they have any rational basis.
Because sign regulations implicate free speech rights which are protected by the First Amendment,
they are subjected to higher levels of scrutiny. The highest level of scrutiny, called strict scr dny,
applies when government tries to regulate based on the content of speech. The only content -based
sign regulation that courts have upheld is treating off - premise signs (billboards) differendy than
on- premise signs that advertise the business on the same property.
One distinction that may seem like it is content based, but our federal court of appeals has said is
not, is a ban on dynamic signs with an exception for time and temperature displays. The court held
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that because of their unique nature, allowing only time and temp displays is not a prohibited
content -based regulation. It is important not to overstate this, however. Regulations that go further
and carve out a broader exception for "public information" are likely to be struck down as
impermissibly content -based
Sign regulations that are not content based are subject to intermediate scrutiny, which tests
whether the regulation is substantially related to a significant government interest. This roughly
translates to "regulate for a good reason" Cities should take care that the scope of the regulation is
not excessive when viewed in light of all of the regulatory objectives, and that they do not create
exceptions to the regulations that cannot be justified by reference to one or more of the city's
articulated objectives
Big - picture regulatory tools
The available research on traffic impacts supports significant content neutral limits or even bans
on dynamic signs for safety reasons. The studies confirm that billboards can tend to distract
drivers, dynamic features contribute to the distraction, and even short distractions can incrcase the
risk of accidents. This is not surprising as promotional materials put out by sign companies
themselves boast the signs' ability to hold viewer attention as a benefit of dynamic signs.
Safety is only one concern Cities may also regulate signs based on values, preferences, and
aesthetics. Not every sign is appropriate in every community or every neighborhood. Not every
community wishes to become Las Vegas or ewer downtown Minneapolis.
Cities can take a number of different macro -level approaches to regulation. Some examples
include:
1. Complete or near- complete bans that do not allow dynamic signs at all.
2. Allow dynamic signs with restrictions such as minimum display time, allowing only a
percentage of a sign to change, or text size limitations.
3. Allow different things in different zoning districts, such as allowing brighter dynamic signs in a
downtown business district than. in residential neighborhoods.
4. Offering incentive programs to billboard companies to allow dynamic signs in exchange for
removal of non- confonming static signs.
5. Encourage dynamic displays. Some communities like the clean, new look of dynamic signs and
encourage them to remove old blighted and poorly maintained signs.
Regulating sign aspects
A content - neutral regulation that regulates dynamic signage will be subject to intermediate
scrutiny, so a community must show a regulation is substantially related to a significant
government interest. In plain language, you must articulate what problem a regulation is intended
to address and how the regulation addresses it.
There are at least six aspects of dynamic signs that regulations may address:
L Duration of messageal speed of changeover. Studies have described the Zeigannik effect, a
psychological need to see a task through to its end. In the case of dynamic signs, a driver's desire
to read an entire message before it changes or to complete a scrolling message has been shown to
negatively impact drivers' tendencies to maintain a constant speed or remain in a lane. To address
these issues, many cities have imposed minimum message durations that might vary depending on
community preference and traffic conditions.
2. Motion, animation, and video. Motion can range from simple visual effects to full realistic
video. Motion can extend the period of time a driver will keep watching a sign, increasing
distractedness. Cities may prohibit motion or limit it either to specific areas or to specific
characteristics such as a motion time frame calibrated to traffic speed.
3 Brightness. Brightness can be a safety factor, particularly at night, as sudden brightness can be
distracting or diminish night vision. A number of communities limit brightness based on time of
day and by color displayed. This can be difficult to quantify and measure.
4 Sign placement and spacing. The number of signs and their location can be a big factor in
driver awareness. A large number of signs can increase distractedness. Poorly placed signs may
block views or cause distraction in unsafe areas. Cities may impose site standards and spacing
requirements. These may present regulatory challenges as spacing may be dependent on the
actions of neighboring property owners.
5. Size of signs. Size can have impacts in several ways. Too big, and it obstructs views and
distracts. Too small, and it takes longer to read and encourages sign users to sequence messages.
Cities may limit dynamic signs or the percentage of a sign that can be dynamic.
6. Text size and legiiiility. Signs that are difficult to read invite increased driver focus. Regulations
can, for example, require minimum sizes based on road speed.
The specifics of how to regulate each of these aspects is up to each community. Because review of
regulations must face intermediate scrutiny, cities have to take some extra steps when drafting and
adopting ordinances.
For each aspect regulated, cities should consider adopting findings or local studies that articulate
the reason and any support for the regulation. The SRF study and other materials can provide a
scientific basis for a number of regulatory steps. In addition, cities may choose more stringent
regulation in order to take a conservative approach to protecting safety.
Moving forward
It is recommended that cities think about dynamic signs as early as possible. Regardless of your
city's approach, it is better to make a rational choice rather than by having dynamic signs arrive
before you have thought about the issue. Once the signs are up, Minnesota's nonconforming use
law arguably grants them "grandfathered" status, with a narrow exception for safety.
If your city would like more information about regulating dynamic signs, Paul Merwin, LMCTr
Senior Land Use Attorney, can provide assistance and refer you to more information and
resources. Contact Paul at (651) 281 -1278 or pmerwin@lmc.org.
Disd"er: This memorandum is intended as general information only and should not be read as
legal advice or as creating an attorney- client relationship. This memo addresses general concerns
and has not been reviewed in the context of a specific client or situation. This memo was drafted as
a loss control document and is intended to avoid conflicts rather than form an opinion as to the
legality or defensibility of any action.
Last updated: 7 -26-07