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HomeMy WebLinkAbout2023-080 CCRMember Jerzak introduced the following resolution and moved its adoption: RESOLUTION NO.2023-80 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2023-003 SUBMITTED BY THE CITY OF BROOKLYN CENTER FOR A CONDITIONAL USE PERMIT TO INSTALL ANEW PUBLIC USE DYNAMIC MESSAGING SIGN (6301 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2023-003 was submitted by the City of Brooklyn Center ("the Applicant") for issuance of a conditional use permit to install a new Dynamic Messaging Sign (DMS) with a Public Use in the Rl (Low Density Residential) District and located at 6301 Shingle Creek Parkway ("the Subject Property"); and WHEREAS, pursuant to City Code Section 35-6611, "DMS, as defined in Section 35- 9200, are permitted in any District where public uses are permitted in accordance with the provisions in this Section" and, "notwithstanding Section 35-4301, a conditional use permit is required for DMS;" and WHEREAS, the Applicant intends to replace the existing bulletin -board style sign with the new Dynamic Messaging Sign (DMS) in generally the same location, but approximately five (5) feet closer to Shingle Creels Parkway to accommodate a potential future expansion to the City's Community Center; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on August 10, 2023, whereby a planning staff report was presented and public testimony regarding the conditional use permit request was received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the conditional use permit request in light of all testimony received, the guidelines and standards for evaluating a conditional use permit, and as outlined within Section 35-7703 (Conditional Use Permits) of the City's Unified Development Ordinance, and the request complies with the general goals and objectives of the City's 2040 Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota to recommend that Planning Commission Application No. 2023-003, submitted by the City of Brooklyn Center for a Dynamic Messaging Sign (DMS) at 6301 Shingle Creek Parkway, be approved based upon the following considerations: a. The conditional use will be in accordance with the general objectives, or with any specific objective, of the City's Comprehensive Plan and this UDO; b. The establishment, maintenance, or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort; RESOLUTION NO. 2023-80 c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish or impair property values within the neighborhood; d. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district; e. Adequate measures have been or will be taken to provide ingress, egress, and parking so designated as to minimize traffic congestion in the public streets; f. Impacts such as noise, hours of activity, and exterior lighting have been sufficiently addressed to mitigate negative impacts on nearby uses; and g. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. BE IT FURTHER RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, to recommend that Planning Commission Application No. 2023-003 be approved subject to the following conditions and considerations: 1. The new Dynamic Messaging Sign (DMS) shall comply with and meet all setback, dimensional, and illumination regulations and standards as set forth under Sections 35-7700 (Conditional Use Permits), 35-6200 (Standards Applicable to All Signs), 35-6609 (Public Uses All Districts Where Public Uses Are Permitted), and 35- 6611 (Dynamic Message Signs) of the City of Brooklyn Center City Code, including: a) DMS are permitted on a freestanding sign aligned perpendicular to the adjacent arterial or collector street as specified in the City's Comprehensive Plan; b) The message must remain constant for at least five seconds; c) The sign may not remain blank for longer than one second in between message changes; d) The area may not exceed an equivalent of 50% of each sign face area; e) The sign shall be located no closer than 50 feet from any residential dwelling; f) Signs within 500 feet of a residential dwelling that faces a residence shall display a static message between the hours of 9 p.m. and 7 a.m.; g) The sign may not flash, blink, rotate, spin, contain full motion video, or create any other distraction to motorists; h) If the sign malfunctions, it must automatically turn black; i) Lighting intensity shall not exceed 5,000 nits in daytime and 500 nits at nighttime and as outlined within Table 35-6611(b), which outlines the DMS Sign Measurement Distance for Brightness; and j) The sign must have dimming technology that automatically adjusts in brightness in direct correlation with ambient light conditions. Brightness shall not exceed 0.3 foot-candles above ambient light as measured from the preset distance depending on the sign size, and as indicated in the above -referenced table. RESOLUTION NO. 2023-80 2. No off -premise advertising is allowed by the DMS display. Auvust 28. 2023 Date n ATTEST: ` ,A City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member: Lawrence -Anderson. and upon vote being taken thereon, the following voted in favor thereof: Butler, Graves, Jerzak, Kragness, Lawrence -Anderson. and the following voted against the same: None. whereupon said resolution was declared duly passed and adopted.