Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit for a Billboard up to 65 Feet in Height in a PBD (Planned Business District) Zoning District to Enable the Billboard to be Seen Over a Bridge at 4202 Pheasant Ridge Drive NE. Outfront Media (Case File No. 23-0006/EES)
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Executive Summary
The applicant is requesting a CUP for a 65-foot tall billboard to allow the billboard (proposed for the existing Walgreens site) to be seen over the Lexington Avenue bridge. Staff recommends approval of the CUP; the Planning Commission recommends denial of the CUP.
Schedule of Actions
|
Planning Commission Public Hearing |
02/14/23 |
|
City Council (Conditional Use Permit) |
03/06/23 |
|
Action Deadline |
03/28/23 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist and Teresa Barnes, Project Engineer
Zoning
The property is zoned PBD (Planned Business District).
Surrounding Zoning and Uses
The property is west of Taco Bell and Arby’s - both zoned PBD. The Pheasant Ridge Business Park (zoned PBD) is located across Lexington Avenue and the Village of Blaine shopping center (zoned DF) is located on the north side of Pheasant Ridge Drive.
Comprehensive Land Use
The property is guided PI/PC (Planned Industrial/Planned Commercial).
Existing Conditions
The property is occupied by a Walgreens store.
History
The subject property was platted in 2003. A conditional use permit was approved under case file 03-04 for Walgreens.
Evaluation of Request
Code Requirement
Billboards up to 50 feet are allowed without any city council approval on properties with commercial and industrial zoning designations adjacent to 35W and Highway 10, subject to design requirements. Billboards may be up to 65 feet in height with a Conditional Use Permit (CUP) when needed for the billboard to be seen over MnDOT sound walls or bridges. The applicant is requesting a 75-foot-tall billboard to allow it to be seen by northbound traffic on 35W over the Lexington Avenue bridge. The applicant is requesting the necessary CUP for a billboard up to 65 feet and a variance to allow an additional ten feet of height.
Site Plan
A 75-foot-tall dynamic display billboard is proposed on the southeast corner of the property. The following standards apply to billboard locations:
(1) The minimum lineal distance between billboards on the same side of the highway shall be five hundred fifty (550) feet. There are no billboards within 550 feet of the subject property in either direction on the west side of the freeway. The applicant has provided a map showing the locations of the nearest billboards.
(2) The minimum setback from any property line shall be twenty (20) feet. The proposed billboard is located 20 feet from the east and south property lines, approximately 200 feet from the western property line and approximately 300 feet from the northern property line.
(3) The minimum setback at any intersection shall be one hundred (100) feet. The proposed billboard is over 400 feet from the nearest intersection.
(4) No billboard or structure shall be located within one hundred (100) feet of a residential district. The nearest residential district is 1,600 feet away.
Landscaping and Tree Preservation
The site meets landscaping requirements. If any removal of required landscaping is proposed for the construction of the billboard, replacement of the trees/shrubs will be required as a condition of the building permit.
Grading/Storm Drainage
The installation of the support for the proposed billboard will not require any major site grading or any storm drainage requirements.
Wetlands/Watershed
The installation of the support for the proposed billboard will not impact any wetland or watershed area.
Access/Street Design
The installation of the support for the proposed billboard will not require any additional access or any street design.
Easements/Right-of-way/Permits
The installation of the support for the proposed billboard will not affect any existing easements and is not located within any right-of-way. The installation of the billboard may require a permit be issued for encroachment into the easements along I-35.
Conditional Use Permit
A city exercises “quasi-judicial” authority when considering a CUP application. This means the city’s role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards.
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The increase in height of the billboard (65 feet) would not create an excessive burden on parks, schools, or other facilities and utilities.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. A 65-foot-tall billboard, including masonry on the support structure is compatible with adjoining properties.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The billboard is proposed to meet the design requirements for billboards, including the concealment of sign supports with stone.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. A 65-foot-tall billboard is generally consistent with the purpose of the zoning district and zoning code.
6. The use shall not be in conflict with the comprehensive plan of the City. The additional height of the billboard (65 feet) is consistent with the comprehensive plan.
7. The use will not cause traffic hazard or congestion. The proposed development will not result in any additional traffic hazards or additional congestion to the area.
8. The use shall have adequate utilities, access roads, drainage, and necessary facilities. The proposed development, once constructed, will have the required utility services, adequate roads, and necessary drainage facilities to service the proposed development.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted 5-1 to recommend denial of the conditional use permit (Swanson voting in the minority). The recommendation of denial was based on a 65-foot-tall billboard not being compatible with the essential character of the shopping center the billboard would be located in. There were no comments at the public hearing.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the City website.
Staff Recommendation
Staff recommends approval of the CUP for the 65-foot-tall billboard. The resolution below is based on the Planning Commission recommendation of denial. A resolution of approval is attached to the staff report based on the staff recommendation.
Attachment List
Zoning and Location Map
Site Location
Site Plan
Renderings
Architectural Plan
Variance Analysis
Sight Line Study
Resolution of Approval (CUP)
Unapproved Planning Commission Meeting Minutes 2/14/23
Body
WHEREAS, an application has been filed by Outfront Media as Conditional Use Permit Case File No. 23-0006; and
WHEREAS, said case involves the property described as follows:
Lot 1, Block, 1 PHEASANT RIDGE VILLAGE 2ND ADDITION
WHEREAS, the Blaine Planning Commission held a public hearing on February 14, 2023, and recommended denial regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on March 6, 2023; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit is hereby approved per Section 34.08 (c)(2), 27.06 and 27.04 of the Zoning Ordinance to allow for a billboard up to 65 feet in height in a PBD (Planned Business District) zoning district to enable the billboard to be seen over a bridge with the following conditions:
1. The installation of the support for the proposed billboard will not alter existing drainage patterns.
2. Conformance with the standards under 34.08 of the Zoning Code shall be demonstrated prior to issuance of a permit for the billboard.
PASSED by the City Council of the City of Blaine this 6th day of March, 2023.