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HomeMy WebLinkAbout[03] Conditional Use Permit, Sign ������� TC}WI�SHIP OF CITY OF ST.JOSEPH SAINT 10SEPH ,5�a„pWaY St E PO BOX 585 St Joseph MN 56374 St.Joseph MN 56374 320-363-7201 320.363-8825 Jweyrens@cityofsfjoseph.com MEETING DATE: May 9, 2017 AGENDA ITEM: Public Hearing—Conditional Use Permit, Dynamic Sign RHi,Inc 8480 County Road 75 PREVIOUS JOINT PLANNING BOARD ACTION: None BACKGROUND INFORMATION: RHL,Inc has applied for a conditional use permit(CUP)to allow for the replacement of a bulletin billboard with a dynamic sign. In reviewing the applicable Ordinances, the Stearns County Land Use Ordinance has grandfathered billboards at their current size and location as a legal non-conforming sign. As such the sign can be replaced provided they do not expand in size or change location creating a non-conformity. Included in the packet of information is a draft Findings of Fact, based on review of the plans. Based on the plans and governing documents,the recommendation included with the information is to approve the CUP as outlined in the draft Findings. After conducting the public hearing the Board can modify the draft findings as necessary. ATTACHED INFORMATION: Public Hearing Notice Application Site plan Draft Findings REQUESTED ACTION: After closing public hearing authorize execution of findings of fact either approving, denying or tabling. If the motion is to approve, findings of fact must be approved. If the motion is to deny, findings of fact must be specific as to the reasons for denial and each person voting to deny must publicly state the reason for denial. To�v2vsH�P oF �.�,`,�-.�,. SAINT iOSEP�I aoaoxsas C�TY OF ST.JOSEPH St.Joseph MN 56374 75[a/lawoy St E 320-363-8825 St.Joseph MN 56374 320-363-7201 /weyrens�clryojst/oseph.com Notice of Public Hearing NOTICE IS HEREBY GIVEN that the Joint Planning Board of St.Joseph Township and the City of St. Joseph will be conducting a public hearing on Tuesday,May 9,2017 at 7:00 PM in the St.Joseph Govemment Center, 75 Callaway St E. The purpose of the hearing is to consider a request for a conditional use permit to replace an existing off=premise sign(billboard)with an LED sign in the Commercial zoning district. The request is in accordance with Sections 4.8, 5.1.2A(8),7.24 and 9.10.5H of the Stearns County iand Use and Zoning Ordinance#439. The property under consideration is Lot 4,Block 1,Braun Addition, lying northerly of County Road 75 in Section I 1, St.Joseph Township(124/29). The property address is 8480 County Road 75, St.Joseph MN and the request has been submitted by St.Joe Mini-Storage,LLC. Publish: April 27,2017 .. ' APPLICATION FOR CONDITIONAL USE PERMIT� f, � � "� " 4ff-Premise Si n �'^� � � ' g {Billboard) Environmental Services Department MAR 31 2011 http://co.stearns.mn.us/EnvironmendLandUseandSubdivision Administration Center Rm 343 -705 Courthouse Square-St.Cloud,M1v 56�NRONMENTAL SERVICES 320-656-3613 or 1-800-450-0852-Fax 320-656-6484 Application Fee:$ /C� �'L' ---=_ File No. 'O(J7(o 1' ReceiptNo. /'7- v'� -�'� Property Owner . �t �R �. '� Phone �3.Z� ��'� Property Owner Email /� .� � 1 GQ Address of Property $� : L ` � � � � c�, �� �� Mailing Address � 3� ,. � y ,� . Applicant(ifdifferent from above) , r" Applicant Email � . �'' ea�.{+�.Phone�3�� � .� �� Applicant Mailing Address t�' � Parcel I.D. Numb s ��i�"d �y�/ ,j��� �'( ) .3E� ;2 II '�t. pi(D Township �' .'.!, , Legal Description � �` Secrion �� /31 oc,�� / ,t��4�-� A,.�al,�:,� J � � Primary Zoning District_��,���, / Proposed Use r y Seccion of Ordinance `��� Section of prdinance Overlay Districts S�ff to Com lete ❑ Floodplain ❑Airport C Shoreland: Water Body Name/Number � Con�ervat�on Overlay Classi ficarion .� 1. Description of Request: + , , � f �'� ' � �%r� 4.: F�� �. ?. Descnbe an5 ligh�ing that w i►I be u�eJ tu illum�nata th�,i��; � ---- � � �' � L?. i c.. -------__----�_____----_ Structure and Setbacks(As shown on site plan) 3. Total Square Footage(include both sides) �,Cp�� 4. Setback from right-of-way /� t G — 5. Setback from adjacent property lines � r� � t� tt 6. Setback from nearest intersection � �L.,� � � ��;�� ��,.) 7. Distance from any park,historical site,public picnic ( � l or rest area,church,or school property /V�� 8. Distance from nearest advertising sign `��'g 9. Height(above average ground level at base of the sign) Note: In order to fully evaluate the propoaed use,please suppl a site plan map that shows al]applicable distances,setbacks,signs,buildings,roads,e . Property Owner's Signature �� "3/j 9�,7 Date Applicant's Signatur�'''�,s'+ /'�-- 3 � Date � / Signature of thi�application authorizes Environmenta!Services Staff to enter upon che property to perform needed inspections. Entry may be without prior notice WHAT HAPPENS NEXT? Staff wi11 review your application and determine if the application is complete. If the application is complete, the application will be scheduied for a Public Hearing with the County Pianning Commission who will recommend action to the County Board of Commissioners. It typically takes 2 month� from the time a complete application is submitted until the County Board issues final approval or denial of the CUP. 5"i'�•.r�1t�L'� t:�)Il,� I'`r" Eiv�'ili�.)�`�,`•tl:�; 1'!11. S�'.Icdi�:l;ti I;i�.lidi��F Allil�ti� `•I�•V! S 1 1 F;i't.a`� i�l_t�.sit�^. t! - ����._ bci�'N�t3�'.,si'.':l�„ u ' ;,��:i'y�C�itl:i�jis!0�:�[t_t��..;!_�_i.��:s!_• E_�. 1 ��if?l'c'�•I )'1• d '' i �.�CJtIVt�G� iCfiA f �I� i 3 �Ji(Z> ,:.'��df't(j�.S�C�:�i h��1��5 G' �c.�� � �� • • •`j .� •� � � ��Nt1_S;iSC2f115��SB�i�dC�� Il-ll��?:��f{ �:b.�ia �• � '�:s tC� :�•. �to��. C' n�lj; '.._ �i-�:�r; :�i: :�r�p�_rty i�n� .{f� (��--�-5 � �� � x • � .a,� {�' \ ���.- 1\� � rI � �� Id i T � � , ; /Z s _ i ---�-�� �6�,, ' i !� / �� � � , I � - � , ' � i rw,�{rc�� { 5 1 'I J�'Jr - I� f,ds� � .I ���i YiI� � l �� ;' i � ,- --___—�-_ ,-. -:- :_ --. -_-• - _•--• -- --. � _._ - =_ -- _ - -=-- ___---= ==-_-__-_- -_-- =_�_- -�_� .� - . , . Steams County Planning Commission Worksheet for Findings of Fact—Conditional/Interim Use Permits Findings shall be made in either granting or denying an application, and should referenoe speafic seations of ordinances that apply to the project. Questions which you couid be asking include, but are not limited to: 1. Is the proposai consistent with existing County ordinances(perfoRnance standards)? SP��y the applipble section of the ordinance and discuss why or why not. Zoning District 2. A�e there any other standards, rules or requirements that the proposal must meet? b 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 wi11 any scenic views be impacted by the proposed use? D/I i k � C' ���e""//' o.��' `/ 4. How are the potential environmental im acts � quaiity, wellhead protection areas)of the proposat b�ing addaessed?�� �ter, air b 5. How will the potential impacts of the proposal affect the property values of the area in which it is proposed? � o�� n v� e�ec�- ��� 6. What potential public health, safety o�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? y/ /�/o 7. How does the proposal affect the general health, safet and welfare of the residents? y � �G 8. Does the proposal conform to the goals and objectives of the County's Comprehensive Plan? Specify which goals and objectives apply. 9. How will the proposal potentially impact existing public services and facilities induding 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? D --T-�---�. 10.Has the applicant provided financial assurance to guarantee reclamation or cleanup? - f't � 11.Other issues pertinent to this matter. Note: The Planning Commission is a recommending body to the County Board, any motion relating to the conditionaUinterim use permit should be made in that context. Conditional Use Permit Request Off-Premise Sign (Billboard) Application Date:March 31,2017 File No: T-007605 Parcel No.: 31.21191.0010 Owner: St. Joe Mini-Storage,LLC Mike Deutz PO Box 639 St. Joseph MN 56374 Applicant: RHL,Inc. Troy Rheaume 25113 213t Ave St. Cloud,MN 56301 DESCRIPTION OF PROPOSAL The applicant is requesting a conditional use permit to replace an existing 10' x 48' off-premise sign (billboard)with a 10' x 48' LED sign. The billboard is a legal non-conforming billboard and is allowed to be replaced. The property is zoned Commercial and the request is reviewed for compliance with Sections 4.8, 5.1.2 A (8), 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 a legal nonconforming billboard, therefore it is allowed to be replaced in the same location. 7.24.5 Off-premise Sigus (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 billboard is a legal nonconforming billboard, therefore it is allowed to be replaced to the same dimensions. B. No off-premise sign(billboard)shall be located within five hundred(500)feet ofparks, 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 sha11 not exceed thirty(30) feet above the average ground level at the base of the sign. The billboard is a legal nonconforming billboard, therefore it is allowed to be replaced in the same location. 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(iJ5 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 commerciaUindustrial 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 sma11 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 commerciaUindustrial uses may be considered." 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 egisting 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, 5.1.2 A (8), 724, and 9.10.5H. Section 5.1.2 A (8) allows for the replacement of legally nonconforming billboards. 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 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. 6. What potential public health, safety or traf�c 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. Coun 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�nancial 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: The proposed use is compliant with Ordinance#439. Staff suggests the following condition: 1. The proposed sign shall meet MNDOT guidelines for Flashing and Moving Lights on Outdoor Advertising Devices. Attachments: 1. Staff report 2. Location map 3. Application 4. Site plan 5. Aerial photos STATE OF MINNESOTA ST.JOSEPH JOINT PLANNING BOARD COUNTY OF STEARNS CONDITIONAL USE PROCEEDINGS In the matter of St.Joe Mini-Storage,LLC 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 1020 feet of the above referenced property and the Joint Planning Board conducted a public hearing on May 9, 2017. 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 and conditional use permit to alter the adjacent non-conforming sign to a digital sign. The variance and conditional use permit were subsequently issued. 3. The request for Conditional Use 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. All signs shall be set back ten(10)feet from adjacent property lines. 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 two hundred(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. 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 4.8,5.1.2 A(8), 7.24, and 9.10.5 H. Section 5.1.2 A(8)allows for the replacement of legally nonconforming billboards. 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 2. 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 5. The Future Land Use Map included in the St. Joseph Comprehensive Plan(City)indicates this property to remain commercial in the future with CR 75 being a high visibility/high traffic corridor. 6. 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 approves the Conditional Use Permit as requested by St.Joe Mini-Storage LLC to alter a nonconforming based on the following: 1. The structure is not new to the property as the site already contains two bulletin billboards and are considered legal non-conforming based on size and location. 2. Stearns County Land Use and Zoning Ordinance#439 Sections 4.8, 5.1.2A allows for the replacement of a legally non-conforming billboard to include the same size and location. 3. The property owner is requesting to update the sign to a dynamic LED sign. 4. The use is consistent with the Stearns County Comprehensive Plan, Chapter 7, Goal 1: Maintain and strengthen economic diversity. 5. The CUP permit is not considering the impact of the digital sign which is controlled by federal regulations. Approval is based on the following contingencies: 1. The property owner must secure a building permit for the structural alterations. 2. Compliance with federal regulations regarding dynamic signs. ST.JOSEPH JOINT PLANNING BOARD By Rick Schultz, Chair By Judy Weyrens, Secretary Drafted by: City of St.Joseph 75 Callaway St E St.Joseph MN 56374 320.363.7201 This page intentionally left blank