AGENDA

The City of Auburn Hills Special Planning Commission Meeting Wednesday, June 29, 2016 7:00 p.m.

LOCATION: City Council Chamber 1827 N. Squirrel Road Auburn Hills MI PHONE: 248-364-6900 www.auburnhills.org

Meeting minutes are on file in the City Clerk’s office.

1. MEETING CALLED TO ORDER 2. ROLL CALL OF PLANNING COMMISSION 3. CLOSED SESSION – City Attorney’s Opinion 4. PERSONS WISHING TO BE HEARD (regarding items not on the agenda) 5. APPROVAL OF MINUTES - none 6. PETITIONERS - none 7. OLD BUSINESS - none 8. NEW BUSINESS 8a. Lamar Advertising Company – LED Digital Billboard

Public Hearing / Motion - Recommendation to City Council for combined PUD Step One – Qualification / Step Two – Site Plan approval

9. COMMUNICATIONS 10. NEXT SCHEDULED MEETING – Wednesday, July 13, 2016 at 7:00 p.m. in the City Council Chamber 11. ADJOURNMENT NOTE: Anyone planning to attend the meeting who has need of special assistance under the Americans with Disabilities Act (ADA) is asked to contact the City Clerk's Office at 248-370-9402 or the City Manager's Office at 248-370-9440 48 hours prior to the meeting. Staff will be pleased to make the necessary arrangements. If you wish to receive the Planning Commission meeting agenda on a regular basis via e-mail please call 248-364-6900 and request to be added to the distribution list.

IMPORTANT NOTICE TO PETITIONERS Items will be presented to the City Council on July 25, 2016. It will be necessary for you to have a representative present to answer any questions from the City Council. CITY COUNCIL WILL NOT ACT ON YOUR ITEM IF YOU OR YOUR REPRESENTATIVE ARE NOT PRESENT.

Artist Rendering of the Proposed LED Billboard - View from Southbound I-75

Artist Rendering of the Proposed LED Billboard - View from Northbound I-75

Planning Commission Agenda

June 29, 2016 Meeting Agenda Item No. 8a

To: Chairperson Greg Ouellette and the Planning Commission

From: Steven J. Cohen, Director of Community Development

Submitted: June 21, 2016

Subject: Lamar Advertising Company – Digital LED Billboard Public Hearing / Motion – Recommendation to City Council for combined PUD Step One – Qualification / Step Two – Site Plan approval

INTRODUCTION This is a request from Lamar Advertising Company (Lamar) to construct a new state-of-the-art digital LED billboard on the Simply Self Storage property located at 1096 Doris Road. The property is zoned I-1, Light Industrial District. The cost of the proposed sign is estimated at $400,000.

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Excerpt of Site Plan Showing Setback Dimensions

Billboard Sign Location Map – Aerial Photo

Proposed Billboard Sign

GENERAL DEVIATIONS FROM THE ZONING ORDINANCE (SECTION 1811. SIGNS) 1. Sign Spacing. The Ordinance states, “No billboard shall be erected within a four thousand (4,000) foot radius of any

other billboard.” Deviation: The Lamar billboard is proposed to be located 1,791 feet from the Outfront Media billboard approved (yet to be constructed) at the terminus of Takata Drive. Staff finds the requested billboard sign spacing to be appropriate in this particular application from a land use planning standpoint.

2. Height. The Ordinance states, “A billboard shall not exceed a height of fifty-five (55) feet above the natural grade of

the ground on which the billboard is located. Height shall be measured from grade to the top of the billboard.” Deviation: The Lamar billboard is proposed to be 70 feet tall. Staff finds the requested height deviation to be acceptable since the base of the billboard will be situated 11 feet below the surface grade of I-75. In addition, the requested height will be consistent with the Outfront Media - Takata Drive billboard, which was approved at a taller height of 80 feet.

3. Setbacks. The Ordinance states, “A billboard pole shall not be erected closer than twenty-five (25) feet from any property line and fifty-five (55) feet from any structure located on or off the premise upon which the billboard is located.” Deviation: The pole of the proposed Lamar billboard will be setback 24 feet from the south property line and approximately four feet from a self-storage building. Staff finds the requested setbacks to be acceptable. The sign is not anticipated to negatively impact the adjacent mini-storage building, access around the mini-storage building, or the vacant property to the south owned by the Michigan Department of Transportation (MDOT).

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KEY STANDARDS The following sign restrictions are outlined in the attached Development Agreement and agreed to by Lamar:

1. Message Change. Advertising images will change no more frequently than every eight seconds.

2. Brightness Control and Resolution. The sign will be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination. The sign will be designed with a resolution pixel pitch of 20 mm or less.

3. Movement Restriction. The sign will only have static messages. The use of animation, flashing, scrolling, or blinking characters will be prohibited.

4. Content. The billboard will not display advertising for high-proof liquor or sexually oriented businesses.

5. Amber Alerts. Lamar will coordinate with the Auburn Hills Police Department and/or other local authorities to display emergency information important to the traveling public such as Amber Alerts or alerts concerning terrorist attacks or natural disasters.

STAFF RECOMMENDATION The proposal has been reviewed by the City’s Administrative Site Plan Review Team and has received a recommendation for approval. The Community Development Department recommends Approval of the Planned Unit Development (PUD) application to allow the construction of a digital LED billboard sign and offer the following discretionary findings of fact:

1. The location of the use will not negatively impact adjacent areas, which are zoned non-residential.

2. The land will be used in accordance with its immediate character, which is planned and zoned for non-residential development.

3. Applicable requirements of Section 1830 in the City’s Zoning Ordinance will be met.

4. The use will promote the purpose and intent of the City’s Zoning Ordinance.

5. The use will be consistent with the health, safety, and general welfare of the City of Auburn Hills, and purpose and intent of the City’s Zoning Ordinance.

6. The terms and conditions of the use have been addressed in a Development Agreement.

Recommended Action: “Move to recommend to City Council approval of the combined PUD Step One –

Qualification / Step Two – Site Plan approval for LAMAR ADVERTISING COMPANY subject to the terms and conditions of the Development Agreement.”

Planning Commission Public Notice

Meeting Date, Time, and Location:

Wednesday, June 29, 2016 at 7:00 p.m. City of Auburn Hills - City Council Chambers 1827 N. Squirrel Road, Auburn Hills, MI 48326

Project Name: Lamar Advertising Company – LED Digital Billboard

General Property Location: 1096 Doris Road Sidwell No. 14-23-327-019

Applicant: Joseph Shopshear - 734-578-8441

Nature of the Request: Recommendation to City Council for Planned Unit Development (PUD) approval to construct a LED digital billboard sign

City Staff Contact: Steve Cohen - Director of Community Development - 248-364-6941

Notice will be sent via U.S. Mail to properties within 1,000 feet of the site. The proposed application is available for inspection prior to the meeting at the Community Development Department, located in the municipal campus at 1827 N. Squirrel Road, Auburn Hills, MI 48326, during regular City business hours. Persons wishing to express their views may do so in person at the meeting, or in writing addressed to the Planning Commission c/o Steve Cohen, Director of Community Development at the above address. Anyone planning to attend the meeting who has need of special assistance under the Americans with Disabilities Act (ADA) is asked to contact the City Clerk's Office at 248-370-9402 or the City Manager's Office at 248-370-9440 - 48 hours prior to the meeting. Staff will be pleased to make the necessary arrangements.

ILocation Map

DEVELOPMENT AGREEMENT

I-75 DIGITAL BILLBOARD SIGN FOR LAMAR ADVERTISING OF MICHIGAN, INC

CITY OF AUBURN HILLS, OAKLAND COUNTY, MICHIGAN

This Development Agreement (this "Agreement") between LAMAR ADVERTISING

OF MICHIGAN, INC., a Michigan corporation ("Developer"), the address of which is: 6405 N. Hix Road, Westland, MI 48185 and the CITY OF AUBURN HILLS, a Michigan municipal corporation ("City"), the address of which is: 1827 N. Squirrel Road, Auburn Hills, MI 48326, is to confirm certain obligations relating to development and use of a LED digital display billboard sign located in the City of Auburn Hills on property located at 1096 Doris Road and more particularly described on the attached Exhibit "A" hereto (the "Property").

BACKGROUND

1. The Developer received Planned Unit Development approval from Auburn Hills City

Council on ________________ pursuant to the City’s Zoning Ordinance, for the purposes of constructing, installing, and maintaining a new LED digital display billboard sign (automatic changeable copy sign, hereinafter, the “Billboard”) on the Property.

2. The Developer will apply for building construction and associated trade permits for the

installation of the Billboard and pay the applicable fees.

3. The Developer shall locate, construct, install, and maintain the Billboard on the Property, which shall have the exact location, design, dimensions, and materials shown on Exhibit “B” of this agreement.

4. It is the purpose of this Agreement to confirm the rights and obligations of the Developer

with respect to the Property and the Billboard.

NOW, THEREFORE, for good and valuable consideration given, the receipt of which is hereby acknowledged by the parties, it is agreed as follows: 1. The digital display on the Billboard shall have a pixel pitch of 20 mm or less.

2nd Draft 6-21-16

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2. The digital display on the Billboard will not use animation, flashing, scrolling, or blinking and will display only static messages. The rate of change between successive static messages will not exceed more than one (1) change every eight (8) seconds.

3. The digital display on the Billboard shall be equipped with photosensitive equipment

which automatically adjusts the brightness and contrast of the signs in direct relation to the ambient outdoor illumination. If complaints arise in regard to display brightness, the Developer agrees to work in good faith with the City to address the concerns in a timely fashion and to meet and/or exceed national illumination standards for the technology.

4. The Billboard will not display advertising for high-proof liquor or any sexually oriented

business, but may display advertising for beer. 5. The Developer shall coordinate with the City of Auburn Hills Police Department

and/or other local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts or alerts concerning terrorist attacks, accidents, or natural disasters on the Billboard. Emergency information messages shall remain in the advertising rotation according to the protocols of the agency that issues the information.

6. The Developer shall provide to the City of Auburn Hills Police Department and Community Development Department contact information for person(s) who will be available to be contacted at any time (twenty-four (24) hours per day) and who are able to turn off the Billboard promptly if a malfunction occurs.

7. The Developer has negotiated with the City the terms of this Agreement, and such documentation represents the product of the joint effort and agreement of the Developer and the City. The Developer fully accepts and agrees to the final terms, conditions, requirements and obligations of this Agreement. The Developer understands that this Agreement is authorized by applicable local, state and federal laws, ordinances and constitutions, and that a party to this Agreement shall be entitled to injunctive relief to prohibit any actions by the other party that are inconsistent with the terms and provisions of the Agreement.

8. The Developer’s rights to develop the Property as provided for in this Agreement are

fully vested on the City’s execution of the Agreement. Plans in conformity with the Agreement shall be approved. The Agreement shall run with the land constituting the Property, and shall be binding upon and inure to the benefit of the Developer and the City, and their respective heirs, successors, assigns and transferees, and immediately upon execution of the Agreement by all parties, a memorandum of the Agreement, or the Agreement itself, shall be recorded with the Oakland County Register of Deeds. This Agreement shall be interpreted and construed in accordance with Michigan law, and shall be subject to enforcement only in Michigan state or federal courts. The parties understand and agree that this Agreement is consistent with intent and provisions of the Michigan and U.S. Constitutions and all applicable law.

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9. This Agreement constitutes the entire agreement between the parties, and may not be modified, amended or terminated except in writing executed by the parties.

THIS AGREEMENT is executed by the respective parties on the date specified with the notarization with their names, and shall take effect on the date that this agreement is fully executed by all of the parties.

LAMAR ADVERTISING OF MICHIGAN, INC., a Michigan corporation

By:

Richard Rickert, Vice President/General Manager

STATE OF MICHIGAN ) ) ss COUNTY OF OAKLAND )

The foregoing instrument was acknowledged before me this _______ day of

________________, 2016, by ______________________ of ______________________, on behalf of said company. Notary Public , County, Michigan My commission expires: ________________________

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CITY OF AUBURN HILLS, a Michigan Municipal Corporation

By:

Kevin McDaniel, Mayor and

By:

Terri Kowal, City Clerk STATE OF MICHIGAN ) ) ss COUNTY OF OAKLAND )

The foregoing instrument was acknowledged before me this ________ day of

__________________, 2016 by Kevin McDaniel, as Mayor, and Terri Kowal, as City Clerk, on behalf of the City of Auburn Hills, a Michigan municipal corporation, on behalf of the corporation.

Notary Public , County, Michigan My commission expires:________________________ Document Drafted by: When Recorded Return To: Derk Beckerleg Terri Kowal, City Clerk 2600 Troy Center Drive 1827 N. Squirrel Road Troy, MI 48007-5025 Auburn Hills, MI 48326

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Exhibit “A” 1096 Doris Road

Auburn Hills, MI 48326

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Exhibit “B”

Drawings below are on file with the Auburn Hills Community Development Department

Sou rce :Data provide d by Oakland Cou nty, City of Au bu rn Hills ,and BING. OHM Advis ors doe s not warrant the accu racy of thedata and/or the map. This docu me nt is inte nde d to de pict theapprox imate s patial location of the mappe d fe atu re s w ithin theCommu nity and all u s e is s trictly at the u s e r’s ow n ris k.

Coordinate Sys te m:NAD 1983 State Plane Michigan Sou th FIPS2113 IntlFe e t

Map Pu blis he d:De ce mbe r 14, 2015

u0 4,000 8,000

Feet

888.522.6711 | ohm-advisors.com

4,000' Billboard Radius

1" = 800'

Existing Billboard

4,000 Foot Radius

City Boundary

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