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HomeMy WebLinkAboutItem 8 - Sign Variance - 8515 Eagle Point BlvdPLANNING COMMISSION DATE: 4/13/15 AGENDA ITEM: 4A – PUBLIC HEARING CASE # 2015-14 ITEM: Sign Variance – 8515 Eagle Point Boulevard North SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Community Development Director Washington County Public Works SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to hold a public hearing to consider a request from BDH + Young on behalf of Eagle Point Medical, LLC, for a variance to allow a 16-foot tall ground sign. The maximum ground sign height for the subject property according to the City’s Sign Ordinance is 12 feet. Staff is recommending that the Planning Commission recommend approval of the variance request based on the findings listed in the Staff Report. GENERAL INFORMATION Applicant: BDH + Young (Patrick Giordana), 7001 France Ave. N., Suite 200, Edina, MN 55435 Property Owners: Eagle Point Medical, LLC (Mark Davis), 222 South 9th Street #3255, Minneapolis, MN 55402 Location: Part of Section 33, Township 29 North, Range 21 West in Lake Elmo, at the southeast corner of Inwood Avenue (CSAH 13) and Eagle Point Boulevard. Address: 8515 Eagle Point Blvd. N., Lake Elmo, MN, 55042. PID Number: 33.029.21.42.0014 Request: Variance – Accessory Building Forward of the Primary Structure and within the Front Yard Setback. Existing Land Use: Medical Facilities Existing Zoning: BP – Business Park Surrounding Land Use: Offices and Financial Institution Surrounding Zoning: BP – Business Park Comprehensive Plan: Business Park Proposed Zoning: No Change History: The subject property was platted as part of the Eagle Point Business Park 7th Addition in 2006. The Eagle Point Medical Center was approved as part of a Preliminary and Final PUD Plan in 2014 (Resolution 2014-54). PUBLIC HEARING ITEM 4A – PUBLIC HEARING 2 Deadline for Action: Application Complete – 3/30/15 60 Day Deadline – 5/29/15 Extension Letter Mailed – No 120 Day Deadline – 7/28/15 Applicable Regulations: 154.212 – Sign Regulations 154.109 – Variances (Administration and Enforcement) REQUEST DETAILS The City of Lake Elmo has received a request from BDH + Young on behalf of Eagle Point Medical, LLC for a variance to allow a ground or monument sign that exceeds the maximum height allowed under the City Sign Ordinance. Under the City’s ordinance, the maximum height for a ground sign in this location would be 12 feet. The applicant is requesting a variance to allow a 16-foot high ground sign, exceeding the maximum height by 4 feet. The applicant has provided a written statement to the City indicating the reason for the variance request. The written statement includes a narrative addressing how the proposed variance meets the 4 required findings to grant a variance under the City’s Zoning Code and State Statute. BACKGROUND The subject property is located at the southeast corner of the intersection of Inwood Avenue (CSAH 13) and Eagle Point Boulevard. The attached location map (Attachment #1) highlights the location of the parcel. The parcel has been platted as part of the Eagle Point Business Park and is 3.77 acres in size. The subject property and surrounding properties are zoned BP – Business Park. In terms of land use, the surrounding properties are mostly comprised of offices and other commercial uses. It should be noted that the Eagle Point Medical Center was approved in 2014, and is still under construction. In terms of the physical characteristics of the property, the building is located in the northern portion of the site, while the parking area is located in the southern half. Storm water infiltration areas are located along the eastern side of the site. The site has street frontage on both the north and west sides, facing Eagle Point Blvd. and Inwood Ave. (CSAH 13) respectively. The main entrance to the building faces the south side of the site adjacent to the parking lot. The attached site plans provide detailed information about the specific elements of the property. PLANNING AND ZONING ISSUES In reviewing the applicable codes and planning considerations that apply to the subject property, Staff would like the Planning Commission to consider the following as it reviews this request: • Ground Signs. According to the City’s Sign Ordinance, the allowance for ground signs in commercial zoning districts are dictated by the total number of traffic lanes and speed limit of the adjacent roadway. In the case of the subject property, the adjacent roadway used to determine the allowable height and area for a ground sign would be Inwood Avenue. Inwood Avenue is a 4-lane roadway, with lane expansions occurring to accommodate turn lanes at intersections and driveways. In addition, the speed limit of Inwood Ave. is 55 miles per hour. This number of traffic lanes and speed limit allow for a ground sign that is 12 feet in PUBLIC HEARING ITEM 4A – PUBLIC HEARING 3 height and 80 square feet in area, the maximum size ground sign allowed in the City’s Sign Ordinance. It should be noted that the ground sign proposed by the applicant complies with the Sign Ordinance with regards to sign area. The area of commercial message is approximately 76 square feet. In addition, the electronic variable message sign is approximately 21 square feet, thereby not exceeding the maximum size of 40% of size area. • Site Topography. As noted in the applicant’s narrative and shown on the various site plans provided, the elevation of the site at 8515 Eagle Point Blvd is lower than the Inwood Ave. roadway. According to the narrative, site plans and site section, the base elevation of the sign is approximately 4 feet below the elevation of passing vehicles on Inwood Avenue. To determine if this elevation was an existing condition or a result of the grading of the site, staff reviewed the topographical survey for the property. This survey (Attachment #4) was provided at the time of the preliminary and final development approvals for the Eagle Point Medical Center. The existing conditions survey reveals that the site was indeed lower than the roadway prior to the limited grading and construction of the site. This review confirms that the elevation was an existing condition not created by the landowner. In addition to reviewing the topographical survey, staff also visited the site to observe the location of the proposed sign and the elevation/visibility. The site visit confirmed that the proposed sign location is lower than Inwood Avenue in terms of elevation. • Drainage and Utility Easement. The Eagle Point Medical site was originally platted as part of Eagle Point Business Park 7th Addition. When the site was platted, a 40-foot drainage and utility easement was dedicated along the western property line. The easement area contains both sanitary sewer (8-inch) and watermain (12-inch). As noted in the applicant’s narrative, easement areas include restrictions as to what type of improvements can be constructed within easement areas. The applicant is correct in that a permanent ground sign would not be allowed to be constructed within the easement, especially since existing sewer and watermain are located within the easement. In terms of visibility of a sign, the utility easement does present a challenge, as the typical setback for a ground sign is the height of the sign. In other words, if a ground sign were 10 feet tall, the required setback would be 10 feet. In the case of Eagle Point Medical, the required setback is nearly 3 times greater due to the existence of the 40-foot utility easement. Similar to the topography of the site, the location of the existing utilities and easement is a situation not created by the landowner, an important test when considering a variance request. • Berming and Landscaping. It should also be noted that one issue affecting visibility and is related to the elevations is the berming and landscaping that is currently in place near the property line and within the Inwood Ave right-of-way. The berming is directly related to the elevation challenges as noted by the applicant and has been discussed. On the other hand, the landscaping on the site along Inwood Ave. includes multiple trees that also reduce visibility. There is no doubt that the landscaping and trees are an amenity to the site and the overall business park. This landscape design is in keeping with the character that Lake Elmo would like to present, supporting natural viewsheds whenever possible and installing significant trees and plantings. These plantings are a value for the property and the community. However, it is also true that these reduce visibility for ground and other types of signage that commercial businesses utilize for identification purposes. Staff does not view this as a driving factor for the variance application, but rather as information that informs the context of the site and motives of the applicant. PUBLIC HEARING ITEM 4A – PUBLIC HEARING 4 • Washington County Review. The Variance request was sent to Washington County Public Works. County Planner Ann Terwedo confirmed that the County does not have any objections to the variance request, as the sign does not conflict with traffic or sight distance on Inwood Avenue. The Washington County Review can be found in Attachment #6. Finally, although it does not have a significant bearing on the review of the variance, Staff would note that the masonry contractor for the Eagle Point Medical project has already built the base and column for the proposed sign. The existence of the base was discovered upon the visit of the site. This work was completed prior to any sign permit being issued for the monument sign. In raising this question with the applicant, they noted that all monument signs were on the approved building plans for the Eagle Point Medical building. In viewing the sign on the approved plans, the masonry contractor incorrectly thought that approval for the signs was provided. In reviewing the approved building plans, the applicant is correct that the monument signs are on the approved plans. Staff views this as a simple misunderstanding between the applicants and contractors. REVIEW AND ANALYSIS An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Under this standard, the City would need to find that the placement of the proposed accessory structure in the proposed location is a reasonable use of the property. FINDINGS: Increasing the height of a proposed ground sign from 12 feet to 16 feet represents a reasonable use of the property. The property is zoned Business Park and is surrounded by other commercial uses. The variance to allow a marginally taller ground sign in this location does not present an unreasonable use. Staff determines that this criterion is met. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. In order to demonstrate compliance with this standard, the Planning Commission would need to identify those aspects of the applicant’s property that would not pertain to other properties within the same zoning classification. FINDINGS: The existence of a 40-foot drainage and utility easement along the west property boundary and Inwood Ave. represents a unique circumstance not created by the landowner. The easement cause the ground sign to be setback much further than would ordinarily be required by the City’s Zoning Code. In addition, the existing topography of the site is at a lower elevation than Inwood Ave., creating additional challenges of visibility. The topography of the site represent an PUBLIC HEARING ITEM 4A – PUBLIC HEARING 5 additional unique circumstance not created by the landowner. Staff determines that this criterion is met. 3) Character of locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. Propose findings for this criterion are as follows: FINDINGS. The location of the Eagle Point Medical building is in an area that is predominantly comprised of commercial uses. Ground signs and other types of signage are common along the Inwood Ave near the subject property. Increasing the height of the ground sign from 12 feet to 16 feet will not alter the essential character of the locality. Staff determines that this criterion is met. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Propose findings for this criterion are as follows: FINDINGS. The proposed variance will not impair an adequate supply of light and air to any properties adjacent to the Eagle Point Medical site. The proposed ground sign will not present additional congestion on public streets, or substantially diminish or impair property values within the neighborhood. Staff determines that this criterion is met. Please note that the applicant has also provided a set of findings as part of the attached narrative and supporting documentation included with the application. Considering the potential findings of fact as suggested in the preceding section, Staff is recommending that the Planning Commission recommend approval of the variance request based on the findings noted in items 1-4 above. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the variance request submitted by BDH + Young on behalf of Eagle Point Medical, LLC given that the request meets the four criteria for a variance. In addition, Washington County has reviewed the variance request and found no conflicts resulting from the proposed sign. The suggestion motion for taking action on the Staff recommendation is as follows: “Move to recommend approval of the variance request at 8515 Eagle Point Blvd. to allow for a 16- foot high ground sign at the Eagle Point Medical Center based on the findings identified in the Staff Report.” ATTACHMENTS: 1. Location Map 2. Application Forms and Project Narrative 3. Proposed Ground Sign, Site Sections and Site Plans 4. Existing Conditions Survey 5. Site Photos 6. Washington County Review Email PUBLIC HEARING ITEM 4A – PUBLIC HEARING 6 ORDER OF BUSINESS: - Introduction ....................................................... Community Development Director - Report by Staff ..................................................................................... City Planner - Questions from the Commission ............................ Chair & Commission Members - Open the Public Hearing .................................................................................. Chair - Close the Public Hearing .................................................................................. Chair - Discussion by the Commission .............................. Chair & Commission Members - Action by the Commission ..................................... Chair & Commission Members PUBLIC HEARING ITEM 4A – PUBLIC HEARING Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping,Aerogrid, IGN, IGP, swisstopo, and the GIS User CommunityLocation Map: 8515 Eagle Point Blvd. N. KEagle Point Blvd.Hudson Blvd. 0 300 600150 Feet 1"=300' 8515 Eagle Point Blvd.Inwdood Ave.456713 Data Source: Washington County, MN4-9-2015 Eagle Point Medical Center Site Visit, 4/1/15 Looking West Looking Southwest Ground Sign Base Looking Northwest 1 Nick Johnson From:Ann Pung-Terwedo <Ann.Pung-Terwedo@co.washington.mn.us> Sent:Wednesday, April 01, 2015 10:56 AM To:Nick Johnson Cc:Carol Hanson Subject:RE: April Land Use Review Nick,    We reviewed the application and plans for  monument sign ( variance to height)      to be located at 8515 Eagle Point Blvd. Since the sign is outside the right‐of‐way and does not     cause any issues with traffic/sight distance on Inwood Avenue/ CSAH 13, there are no comments.    Thanks,     Regards,              Ann         Ann Pung‐Terwedo    Senior Planner    Washington County Public Works    11660 Myeron Road North    Stillwater, MN 55082     Phone: 651‐430‐4362    FAX: 651‐430‐4350    E‐Mail: Ann. Pung‐terwedo@co.washington.mn.us <mailto:Pung‐terwedo@co.washington.mn.us>          Washington County Public Works Department    Stewards of the county’s investment in parks, buildings, transportation, land survey, and land use planning.