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HomeMy WebLinkAbout#16 CC Report IRET Pylon Sign Variance 1.19MAYOR AND COUNCIL COMMUNICATION DATE: 1/19/2016 REGULAR #17 MOTION AGENDA ITEM: High Pointe Sign Variance – IRET Properties, 8650 Hudson Blvd SUBMITTED BY: Stephen Wensman, Planning Director THROUGH: Clark Schroeder, Interim City Administrator REVIEWED BY: Joan Ziertman SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates SUMMARY AND ACTION REQUESTED: Staff and the Planning Commission are recommending the City Council to approve a variance  request from IRET properties for a 5 foot height and 4 foot width variance from the Eagle Point  Business Park Exterior Sign Design Agreement to allow a 35‐foot high, 16‐foot wide pylon sign with  the following motion:  “Move to adopt Resolution 2016-05 approving the 5 foot height and 4 foot width variance request at 8650 Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High Pointe Medical Campus. BACKGROUND AND STAFF REPORT: The Eagle Point Business Park Planned Unit Development was platted in 1999 with the Eagle Point  Business Park Exterior Sign Design Agreement which identified the zoning standards for the  development, including signage.  Based on the Agreement, pylon signs are allowed and can have a  width of 12’ and a height of 25’, or 30’ depending on the interpretation. To complicate matters,  sometime in the past Planning Staff prepared a written summary of the Eagle Point standards and  determined that sign height was to be determined on a case‐by‐case basis.  The applicant is seeking  the sign to improve visibility for its multiple medical tenants.  In order to approve a variance, the applicant must demonstrate compliance with 4 required  findings:  1)Practical Difficulties 2)Unique Circumstances 3)Character of the Locality 4)Adjacent Properties and Traffic Staff reviewed the application and determined that the variance request met the 4 required  findings.  Additional detail about this review can be found in the Staff Report to the Planning  Commission.  PLANNING COMMISSION REPORT: The Planning Commission held a public hearing and reviewed the proposed variance on January 11,  2016.  During the public hearing, no testimony was received and no other written comments were  submitted to staff. The Planning Commission discussed the need for the sign, issues related to  wayfinding, sign lighting, potential future driveway and site development, and the sign’s potential  effect on cut‐through traffic in Park Dental’s parking lot. After discussion of the proposed pylon sign  and the requested variance, the Planning Commission recommended approval of the variance  request (Vote: ___) based on the findings in the staff report for this item. Further detail of the  Planning Commission discussion can be found in the draft Planning Commission minutes.   RECOMMENDATION: Staff and the Planning Commission are recommending the City Council to approve a variance  request from IRET properties for a 5 foot height and 4 foot width variance from the Eagle Point  Business Park Exterior Sign Design Agreement to allow a 35‐foot high, 16‐foot wide pylon sign with  the following motion:  “Move to adopt Resolution 2016-05 approving the 5 foot height and 4 foot width variance request at 8650 Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High Pointe Medical Campus. ATTACHMENT(S): Resolution 2016‐__ Draft Planning Commission Minutes 1/11/16 Planning Commission Staff Report 1/11/16 Applicant’s Written Statement Exhibits C–H to Written Statement Site Survey Adjacent Pylon photos Letters of Support Eagle Point Development Standards Resolution No. 2016-05 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2016-05 A RESOLUTION APPROVING A 5 FOOT HEIGHT AND 4 FOOT WIDTH VARIANCE TO ALLOW FOR THE CONSTRUCTION OF A 35-FOOT TALL 16-FOOT WIDE PYLON SIGN AT 8650 HUDSON BLVD. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, IRET Properties, on behalf of High Pointe Health Campus has submitted an application to the City of Lake Elmo (the "City") for a 5 foot height and 4 foot width variance to allow for a permanent 35 foot high, 16 foot wide pylon sign at the High Pointe Health Campus, 8650 Hudson Boulevard, WHEREAS, notice has been published , mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on January 11, 2016; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated January 19, 2016; and WHEREAS, the City Council considered said matter at its January 19, 2016 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1)That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2)That all the submission requirement s of said Section 154.109 have been met by the Applicant. 3)That the proposed variance includes the following components: a)A 5 foot height and 4 foot width variance to allow for a permanent 35 foot high, 16 foot wide pylon sign at the High Pointe Health Campus, 8650 Hudson Boulevard. 4)That the Variance will be located on property at 8650 Hudson Boulevard, WashingtonCounty, Minnesota with the following PID: 33.029.21.44.0007. 5)That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not Resolution No. 2016-05 2 permitted. Specific Findings: Increasing the allowed height from 30-foot to 35-foot and the width from 12-foot to 16-foot for a pylon sign represents a reasonable use of the property. The property is zoned Business Park and is surrounded by other commercial uses. A larger nonconforming pylon sign exists adjacent to the site. Visibility to the site is difficult and identification of the multiple tenants is also reasonable. The variance is in keeping with the intent of the City’s sign ordinance: to foster high quality commercial and industrial development and to enhance economic development of existing businesses and industries by promoting reasonable, orderly, attractive and effective signs that meet the need for business identification, advertising and communication. Staff determines that this criterion is met. 6)The plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific Findings: The site, lot layout, and the poor visibility from Hudson Boulevard and Interstate 94 are unique and not circumstances created by the landowner. The Crossroads Collision and Park Dental buildings sit in front of the High Point Health facility limiting visibility. The facility sits to the rear of the site, the flat buildable area, leaving little physical presence on the Hudson Boulevard frontage. The restrictive sign design guidelines were created by the developer and approved by the City of Lake Elmo, not the current land owner/applicant. Staff determines that this criterion is met. 7)The proposed variance will not alter the essential character of the locality in which the property in question is located. Specific Findings: The location of the property and surrounding properties are within the Business Park, or are Commercial zoning. There exists one other pylon sign within the locality, and others beyond that are larger and are noncompliant with the City’s sign ordinance. The Eagle Point Business Park Agreement does allow a pylon sign. Staff determines that this criterion is met. 8)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. Specific Findings: The proposed variance will not impair an adequate supply of light and air to any properties adjacent to the proposed pylon sign site. The proposed pylon sign is located on an undeveloped portion of the applicant’s lot. The presence of the 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. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant's application for a Variance is granted. Passed and duly adopted this 19th day of January, 2016 by the City Council of the City of Lake Elmo, Minnesota. ________________________________ Mayor Mike Pearson Resolution No. 2016-__ 3 ATTEST: ______________________________ _Julie JohnsonCity Clerk _____________________________________________________________________________________________________________________ ________________ IRET Properties a subsidiary of Investors Real Estate Trust • 10050 Crosstown Circle, Suite 105 • Eden Prairie, MN 55344-3349 Phone: 952.401.4831 • Fax: 952.401.7058 • Email:dgrant@iret.com • www.iret.com • NYSE Symbol: IRET December 1, 2015 Mr. Stephen Wensman City of Lake Elmo 3800 Laverne Avenue North Lake Elmo, Minnesota 55042 Re: Land Use Application – Variance; High Pointe Medical Campus Dear Mr. Wensman: Enclosed please find the following: 1.Land Use Application – Variance a.Exhibit A to application – property location and legal description b.Exhibit B to application – detailed reason for request, with Exhibits c.Exhibit C to application – practical difficulties related to application 2.Non-refundable fee in the amount of $750.00 for processing the application 3.Written Statements (a-i as defined in the application) with the Exhibits A-H attached 4.Verification of ownership; title insurance commitment from Stewart Title 5.Certified list of property owners located within 350’ of the property and certified by a licensed abstractor; provided by Commercial Partners Title 6.Property survey: a.Ten (10) 11x17 copies b.One (1) full size copy Please contact me if you have any questions about this application. Sincerely, Dawn Grant, CCIM, CPM, RPA Director of Commercial Asset Management Enclosures Cc: Mayor Pearson Exhibit A to Land Use Application/Variance High Pointe Health Campus IRET Properties, a North Dakota Limited Partnership Address: 8650 Hudson Boulevard, Lake Elmo, Minnesota 55042 PID: 33.029.21.44.0007 Legal Description: All that part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Commence at the Southeast corner of said Southeast Quarter; thence North 00 degrees 00 minutes 40 seconds West, along the East line of said Southeast Quarter, a distance of 435.61 feet to the POINT OF BEGINNING; continue thence North 00 degrees 00 minutes 40 seconds West, along said East line, a distance of 483.26 feet, thence North 90 degrees 00 minutes 00 seconds West a distance of 683.24 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 423.69 feet; thence Westerly 123.88 feet along the arc of a non-tangential curve concave to the South whose radius is 230.00 feet and whose chord bears South 83 degrees 51 minutes 07 seconds West; thence South 68 degrees 24 minutes 49 seconds West a distance of 102.81 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way a distance of 421.73 feet along the arc of a non-tangential curve concave to the Northeast whose radius is 768.51 feet and whose chord bears South 52 degrees 53 minutes 56 seconds East; thence North 00 degrees 00 minutes 40 seconds West a distance of 176.36 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 175.00 feet; thence South 00 degrees 00 minutes 40 seconds East a distance of 223.25 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way line a distance of 53.13 feet along the arc of a non- tangential curve concave to the North, whose radius is 768.51 feet and whose chord bears South 84 degrees 06 minutes 58 seconds East; continue thence South 86 degrees 05 minutes 47 seconds East a distance of 141.01 feet; thence North 00 degrees 00 minutes 40 seconds West a distance of 301.88 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 200.00 feet to the POINT OF BEGINNING and there terminating. Exhibit B to Land Use Application/Variance High Pointe Health Campus IRET Properties, a North Dakota Limited Partnership Detailed Reason for Request: Applicant is making this application for a variance to allow for the installation of a pylon sign at the southernmost portion of the property previously described, along Hudson Boulevard, approximately as shown on Exhibit B-1 attached hereto. High Pointe Medical Campus is part of the Eagle Point Business Park PUD exterior sign design which provides for a pylon sign of approximately 30’ in height and 12’ in width. Applicant is requesting a variance from this approximate height and width requirement to a pylon sign of 35’ in height and 16’ in width, at a value of approximately $100,450.00. A drawing is attached as Exhibit B-2 and a photograph depicting the proposed location is attached as Exhibit B-3. Approximate location of sign Exhibit B-1 - Location of sign on property Exhibit B-2: Drawing of sign Exhibit B-3: photoshop location of sign Exhibit C to Land Use Application/Variance High Pointe Health Campus IRET Properties, a North Dakota Limited Partnership Practical Difficulties related to this application High Pointe Medical Campus was developed originally as part of a larger health care campus. The current building is the initial medical building completed without other properties having been developed as originally proposed. It has poor visibility and access. The patients of the clinics/surgery center in the building have difficulty locating the building. Further, the lack of visibility of the building from the frontage road and I-94 provides for no marketing opportunity for the clinics/surgery center. These factors have also impeded leasing of the vacancies in the building while trying to compete with the locations in the City of Woodbury just across the freeway. Signage is being proposed in order to provide visibility to compete in the current marketplace. The current sign design plan for the Eagle Point Business Park PUD Agreement provides for a pylon sign of approximately 30’ in height and 12’ in width. This is not feasible given the topography of the site and would not achieve the kind of height required to be visible from the frontage road, but more importantly from I-94. In order to accommodate the existing tenants and an additional prospective tenant, the width also needs to increase so that the names are appropriately legible from a distance. Therefore a variance is being requested to increase the height by 16.5% to 35’ and the width by 33% to 16’. Written Statements to Land Use Application/Variance High Pointe Health Campus IRET Properties, a North Dakota Limited Partnership a) A list of all current property owners IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota b) A listing of following site data: legal description of property, parcel identification number(s), parcel size (in acres and square feet), existing use of land and current zoning  Legal description: see attached Exhibit A to Written Statements  Parcel identification number(s): 33.029.21.44.0007  Parcel size (acres and square feet): 10.464 acres and 455,831 square feet  Existing use of land: 3-story brick medical office building with parking lot and vacant land  Current zoning district: BP – Business Park/Light Manufacturing per City of Lake Elmo Zoning Map; see attached Exhibit B to Written Statements c) State the provisions(s) of the Lake Elmo City Code for which you seek a variance Variance being considered according to the provisions of §154.017. Variance from the approved Eagle Pointe Business Park PUD, which is in essence the zoning district. A variance is from the negotiated sign regulations in the PUD Agreement. Please refer to a letter from the City of Lake Elmo (Mr. Kyle Klatt) attached to Exhibit C to Written Statements. d) A specific written description of the proposal and how it varies from the applicable provisions of Lake Elmo Code The Eagle Point Business Park PUD exterior sign design provides for a tenant pylon sign, at approximately 30’ in height and 12’ in width. Due to topography of the site and to achieve the amount of panels needed for High Pointe Medical Campus, a pylon sign of 35’ in height and 16’ in width is being proposed. Please refer to Exhibits B-2 and B-3 attached detailed reason for request as part of this land use application. e) A narrative regarding any pre-application discussions with staff, and an explanation of how the issue was addressed leading up to the application for a variance Dawn Grant of IRET Properties and Steve Hirtz of Nordquist Signs met with Nick Johnson of the City of Lake Elmo Planning Department on January 14, 2015 to discuss the possibility of increasing the size of a pylon sign along Hudson Boulevard, which would be a variance from the negotiated sign regulations in the Eagle Point Business Park PUD Agreement that governs the High Pointe Medical Campus (HPMC). In meeting with Mr. Johnson was provided a proposed sign drawing (at 35’ in height and 18’ in width) and Dawn Grant discussed hardship of visibility and competition of the City of Woodbury’s more visible properties for patients of the HPMC tenants. Mr. Johnson agreed to take it under advisement. On January 15, 2015, Mr. Johnson stated that our initial request was a 16% variance in height, but more than a 50% variance in width and requested a revision to our initial drawing. We provided a revised drawing on January 30, 2015, attempting to work within the PUD’s approximate approved height and width of 30’ and 12’ respectively, while trying to achieve what the property needs, and therefore created a revised drawing of 38’ in height and 16’ wide, a 27% and 33% variance respectively. Mr. Johnson asked that a lower height sign was considered and a revised drawing was submitted for 35’ in height. On February 9, 2015, Mr. Johnson indicated that he would meet with other staff and provide feedback. On February 20, 2015, after meeting with other staff members, Mr. Johnson provided in an e-mail that “the 35' feet in height will work. In addition, the proposed width should also work. Please note that this interpretation is based on the approved Eagle Point Business Park Sign Plan which allows for approximately 30 feet in heights and approximately 12 feet in width”. In response to this e-mail, Dawn Grant indicated that IRET would meet with the tenants of the building and inquired if a permit application was the next step. Mr. Johnson responded by e-mail that applying for a permit application would be the next step. This sequence of e-mails is attached as Exhibit D to Written Statements. In light of this approval from Mr. Johnson through mid-July, IRET worked with existing and prospective tenants to ascertain locations on the proposed sign. On July 23, 2015, Nordquist Sign (Steve Hirtz) applied for the permit application as was documented in the February 20, 2015 e-mail from Mr. Johnson. After not hearing a response (both e-mail and voice mail) for several days, Steve Hirtz contacted the City of Lake Elmo on August 3, 2015 and was notified that Mr. Johnson was no longer employed there and Steve Hirtz was assigned to Kyle Klatt as the new planning department representative. Steve Hirtz resent the permit application, along with the e-mail correspondence from Mr. Johnson that provided approval subject to the permit application, and after waiting for several weeks, Dawn Grant contacted Mr. Klatt as to the status on August 25, 2015 of the permit application. On September 2, 2015, Mr. Klatt denied the sign permit application and provided a formal letter (attached as Exhibit E to Written Statements) and an e-mail correspondence with options for pursuing alternative signage options (attached as Exhibit F to Written Statements). Dawn Grant contacted Mayor Pearson to discuss the situation of the length of time for responses and asked the City of Lake Elmo to honor the original approval by Mr. Johnson. Apparently after internal discussions, the denial was not going to change and September 23, 2015, Mr. Klatt again denied the permit application and required that either a variance application or zoning appeal should be applied for. In several e-mail and voice mails following this e-mail from Mr. Klatt, Dawn Grant asked Mr. Klatt for guidance on which of the applications was more applicable. After no response, sometime in October, Dawn Grant contacted Mayor Pearson again as to not being able to get a response from Mr. Klatt and was informed that Mr. Klatt was leaving the City of Lake Elmo in early November. Dawn Grant was then given the name of Ben Gozola, a temporary planning staff member to work with on the process. Mr. Gozola deferred the question to Steve Wensman, a new planner who would start on November 2, 2015. Mr. Gozola and Mr. Wensman discussed the issue and on November 6, 2015, Mr. Wensman answered the question of which application process was more applicable and asked that a variance application be filed. f) Explain why the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration The property was developed originally as part of a larger health care campus. The current building is the initial medical building completed without other properties developed and therefore has poor visibility and access. The patients of the clinics/surgery center in the building have difficulty locating the building. Further, the lack of visibility of the building from the frontage road and more importantly from I-94, provides for no marketing opportunity for the clinics/surgery center. These factors have also impeded leasing of the vacancies in the building, with the 45,721 square foot building standing at 24.5% vacant which is far under the market for medical office buildings in the surrounding market. The signage proposed would provide the visibility that is necessary in order to compete effectively. A minimum of four panels is required for current tenants, leaving one available for prospective tenant of the remaining vacancy. In order to provide identity of the campus, as well as readable sign panels for each tenant while being able to see the sign visibly from both the frontage road and I-94, the 35’ proposed is necessary. In preparing for the initial meeting, both Dawn Grant and Steve Hirtz spent a great deal of time ascertaining the right height in order to achieve the level of visibility necessary (otherwise the sign at a lower height would simply not achieve what is necessary). It is the opinion of the applicant that the viability of the building and tenant’s future success in the City of Lake Elmo depends in part on the pylon sign approval. Two of the major tenants in the building (High Pointe Surgery Center and Twin Cities Orthopedics) have provided letters of support and justification for the pylon sign. Please find these letters attached Exhibit G and H to the Written Statements. g) Explain why the plight of the landowner is due to circumstances unique to the property and not created by the landowner High Pointe Medical Campus (HPMC) is not in the heart of the local medical community; which is located mostly in Woodbury. The City of Woodbury has been and continues to be the strongest competition to the City of Lake Elmo. Many prospective tenants have not considered HPMC because it has a Lake Elmo address. Even though less than a mile from Woodbury and as accessible from I-94, tenants such as an independent pediatrics clinic were in the market for space and chose not to consider HPMC because it was not in the City of Woodbury. To further exacerbate the current market conditions, there are new medical office buildings and two new surgery centers announced in the City of Woodbury (Tria Orthopedics and Summit Orthopedics). One of HPMC’s major tenants is St. Croix Orthopaedics, a division of Twin Cities Orthopedics, who want to grow their presence and compete head on, are planning on providing urgent care services in 2016, but feel strongly that without signage visibility, they cannot effectively compete. HPMC’s largest tenant, High Pointe Surgery Center serves not just the local community but throughout the Twin Cities and greater Minnesota. One of the main issues facing their continued success is visibility and patient access. IRET Properties currently has two prospects to lease the remaining vacancy and increase the viability of HPMC, who have both indicated they will not consider HPMC without the approved pylon sign. h) Justify that granting of the variance would not alter the essential character of the neighborhood The proposed sign is tasteful and the only thing in question is the height and width of the sign. Given the proposed location, it provides visibility from I-94 and the frontage road without impeding the neighborhood. The installation of the proposed sign has no different affect than an existing pylon sign on the neighboring property to the west. Please refer to the proposed location photo attached to the detailed reason for request exhibit of this land use application. i) Justify that granting of the variance will not impair adequate light and air to adjacent properties and that it will not substantially increase the congestion of public streets or substantially diminish or impair property values in the neighborhood The proposed sign at 35’ in height and 16’ in width will not cause any impairment to light and air, and will not cause congestion. Please refer to the proposed location photo attached to the detailed reason for request exhibit of this land use application. The property values of the neighboring properties with existing signage available on the frontage road, will not be diminished in value; it cannot have an affect on what already exists. The only probably affect on property values would be an increase in value of HPMC when fully occupied and the possibility of an addition to the existing building if additional tenants are achieved or existing tenants expand. Exhibit A to Written Statements – Legal Description Land Use Application/Variance High Pointe Health Campus IRET Properties, a North Dakota Limited Partnership All that part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Commence at the Southeast corner of said Southeast Quarter; thence North 00 degrees 00 minutes 40 seconds West, along the East line of said Southeast Quarter, a distance of 435.61 feet to the POINT OF BEGINNING; continue thence North 00 degrees 00 minutes 40 seconds West, along said East line, a distance of 483.26 feet, thence North 90 degrees 00 minutes 00 seconds West a distance of 683.24 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 423.69 feet; thence Westerly 123.88 feet along the arc of a non- tangential curve concave to the South whose radius is 230.00 feet and whose chord bears South 83 degrees 51 minutes 07 seconds West; thence South 68 degrees 24 minutes 49 seconds West a distance of 102.81 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way a distance of 421.73 feet along the arc of a non-tangential curve concave to the Northeast whose radius is 768.51 feet and whose chord bears South 52 degrees 53 minutes 56 seconds East; thence North 00 degrees 00 minutes 40 seconds West a distance of 176.36 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 175.00 feet; thence South 00 degrees 00 minutes 40 seconds East a distance of 223.25 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way line a distance of 53.13 feet along the arc of a non-tangential curve concave to the North, whose radius is 768.51 feet and whose chord bears South 84 degrees 06 minutes 58 seconds East; continue thence South 86 degrees 05 minutes 47 seconds East a distance of 141.01 feet; thence North 00 degrees 00 minutes 40 seconds West a distance of 301.88 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 200.00 feet to the POINT OF BEGINNING and there terminating. 4751 2525 1786 1515 1876 11455 10880 901 8281 8251 2298 4564 3501 5500 9941 10321 11455 10380 9130 9075 10105 456 10190 616 11530 11332 9524 5235 3150 11421 9579 2641 8280 8940 9109 901 820 9591 2500 8989 11490 8775 10386 9434 5193 2490 520 10112 11351 4670 8770 4452 10711 9200 11975 5275 10193 11980 4370 9140 3045 3855 54155435 10240 5825 1412 9940 8465 9070 11211 4212 11260 8866 2685 8555 9057 5200 4950 4890 9825 5295 5900 5699 10830 81558135 8989 12058 9765 5250 5222 3503 5761 11351 8650 1304 10550 5749 11260 3360 5230 4890 5545 4755 10472 4890 4690 5255 4455 2450 3691 3870 9999 4620 5471 4596 8955 9255 3467 5135 5040 9200 9220 5190 8975 5429 8970 1069910579 107591063910519 8740 10231 4779 4525 928 872 814 760 704 10133 11330 8291 8268 3000 10755 10350 9696 12202 10732 10875 750 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11320 8110 11115 4091 10674 9757 10684 11110 8080 5230 5960 5933 11350 11227 8690 8050 8050 3095 5235 11350 11385 8509 2229 11066 11066 11375 11314 11420 11270 11140 11277 11320 11407 8989 2201 5815 3712 8470 8603 10825 4996 5920 3303 9445 7680 8274 5151 3337 5459 5085 4748 5111 5830 9189 10380 9436 3065 8930 5787 2750 9040 4732 8860 8330 8193 31509181 10079 8890 3476 3440 9032 5665 9497 5065 8670 7730 7872 8350 5831 9986 8815 812580958065 8215815581858045 4171 5165 4061 8370 7840 5231 3100 3070 11210 8265 9654 8390 7931 8000 2194 4855 5850 37203889 7856 4110 7832 9811 7982 11950 5261 5111 5321 5620 2315 9717 5091 5291 5693 3052 5870 2773 5775 3704 9550 8245 5724 4150 5260 2204 1446 9915 8567 8243 1985 2793 2340 2914 9615 4100 2899 7818 8850 5131 4635 2380 5071 8510 8845 4966 9275 4140 5710 9402 4131 8875 5440 2337 2684 2700 4030 9954 7962 8203 2632 2041 2075 8687 5811 7864 8021 8239 8809 4497 10353 2662 7741 2329 4190 9634 8555 5361 2415 8625 78985451 5290 8312 8350 5460 8548 2360 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5337 11258 5042 11127 85708544 8668864886208510 11240 8004 11227 11397 11199 7972 33303316 3331 8643 8648 8402 8098 82828308 11320 5035 8364 2989 11179 12020 12072 12108 9287 5038 8914 89098891 8938 37408894 8939 9090 9055 91109038 9089 9130 91159165 9060 9597 3276 8488 8657 9853 754 12038 11910 11816 9150 4610 11120 10390 10891 3012 48614873 4943 4815 49794987 4955 4827 3063 11646 1124711267 8298 8639 8685 3004 1188811676 2994 5083 11792 5173 8515 5097 11794 8009 11992 11681 1175011772 12088 8190 5043 11676 9198 3511 3084 11108 709 10919 10940 11033 9199 9397 11217 11205 8130 3094 5079 3091 35103504 10865 5055 9133 8181 8603 9025 3360 736 325811008 3348 712 5087 3291 11090 12056 8580 565 4622 11306 9917 11334 3153 2915 510 682 743765 10925 8511 5231 11079 721 8980 783 5265 623 3442 3281 3311 4676 3338 5203 9393 11220 5091 2929 528 9366 10240 3645 5383 4668 8199 9838 4654 109419260 11057 12122 5294 8056 12418 597 10917 11020 5061 547012136 8910 5291 648618602 12154 1217212190 9369 9856 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8991 8951 8995 8953 10TH ST N HUDSON BLVD MANNING AVE NLAKE ELMO AVE NINWOOD AVE NSTILLWATER BLVD N 34TH ST N 50TH ST N KEATS AVE N15TH ST NIDEAL AVE N20TH ST N LAKE JANE TRL N 30TH ST N 53RD ST N 27THSTN JAMACA AVE N55TH ST N JANE RD N 47TH ST N DEMONTRE V ILLETRLN5 7 T HST N 59TH ST N 51STSTS 3 1 S T S TN43RD ST N LEGION AVE N39TH ST N 38TH ST N 42ND ST N O LS ONLAKETRLNKIMBRO AVE N33RD ST N 24TH ST N 26TH ST N 32ND S T N J U LEPAVENLILY AVE NC IM ARRO NIVY AVE NHI L L T OP A V E N 21ST ST N STILLWATER LN N IRISAVE N MANNINGTRLN45TH ST N 9TH ST NIVORY AVE N12TH ST N JASM IN E A VENJEWELAVEN 56TH ST N LEGION LNN 35TH STN KELVIN AVE N37TH ST N 36TH ST N JAMACABLVDNLINDENAVENKLONDIKEAVEN LINDENTRLN JA N E C T N IMPERIALAVEN55TH ST ISLE AVE N 22ND ST N 40 T H S T N TAPESTRYTRL 28TH ST N KIRKWOOD AVE N3RDSTRE E T P L N H Y TRAILAVENLILAC LN NTA PESTRYRDJEROME AVE NKINDREDWAY 1 4 T HSTNHIGHLANDSTR LN EAGLEPOINTBLVDJANE CIR NJONQUILTRL NJASPER AVE NLAYTON AVE NJAMACA CT N JULEPCTN LEEW ARD AV E NJONQUIL AVE N LILAC PL N IRISH CT NHIGH LANDS CT NJULEP WAYLILAC WAY N IVORY CTINNSDALE AVE N11TH ST N TAPESTRY GRV 10THSTREETLNN22ND CT N INNSDALE AVE NLAYTONAVENSTILLWATER BLVD N ISLE AVE NJAMACA AVE N53RD ST N KEATS AVE NKEATS AVE NLILY AVE NMANNINGAVENHIGHLAN D S T R L N 10TH ST N JULEPAVEN LAKE ELMO AVE N57TH ST N 50TH ST N 59THST N 39TH ST N Lake Elmo Lake Jane Eagle Point Lake Lake DeMontreville Lake Olson Sunfish Lake Horseshoe Lake Downs Lake Goose Lake Rose Lake Clear Lake Armstrong Lake Sources: Washington County & Metro GIS5-11-2015 5 Official Zoning Map Data Disclaimer:This map is not a boundary surveyand is not intended to be used as such.The City of Lake Elmo assumes noliability for the completeness of this mapor responsibility for any associated direct,indirect, or consequential damages that may result from its use or misuse. Shoreland District Municipal Boundary ZONING DISTRICTSA BP C CC GB LC LC-PUD LDR OP PF R2-PUD RE RR RS RT LDR-PUD MDR MDR-PUD Exhibit B to Written Statements - Land Use Application - IRET Properties Exhibit C to Written Statment Land Use Variance Application IRET Properties Exhibit D to Written Statements Land Use Application IRET Properties Exhibit E to Written Statment Land Use Variance Application IRET Properties From:Kyle Klatt To:Steve M. Hirtz Cc:Dawn Grant - IRET; mikepearson1965@yahoo.com; Clark Schroeder Subject:RE: High Pointe Medical Campus - pylon sign Date:Wednesday, September 02, 2015 4:08:26 PM Attachments:SKMBT_C25315090214530.pdfEagle Point Development Standards - Reduced.pdf Steve: Attached is the City's formal response letter to the sign permit application for High Pointe Medical Campus. I am also attaching the full set of development standards for the Eagle Point Business Park that are on file in our office for your consideration. I was able to contact Nick Johnson to discuss his previous correspondence with you concerning this matter. While he and I were in agreement on the potential interpretation and application of the illustrative drawing included in the Eagle Point Business Park Development Standards, neither of us caught the written standards specific to signs when this initial review was performed. I apologize for the earlier direction you were given, but at this point, I need to take into account all pertinent information as part of our formal sign permit review. The attached letter documents the specific reasons for the denial of the permit request. Based on the City's decision regarding this matter, you have the following options in order to continue perusing alterative signage options for this site: - Revise the plans to conform to the sign height standard of 25 feet. - Appeal the interpretation of the Eagle Point Business Park Development Standards to the City's Board of Adjustment and Appeals (which is the City Council) - Request a variance to allow a higher sign than allowed under the City's Zoning Ordinance; or - Apply for an amendment to the Eagle Point Business Park PUD to allow a sign that is higher than allowed under the development standards or to change the maximum sign height throughout the business park. If you wish to pursue any of these options or if you have any general questions about the City's review, please contact me. Kyle Klatt Community Development Director City of Lake Elmo (651) 747-3911 -----Original Message----- From: Steve M. Hirtz [mailto:SteveH@nordquistsign.com] Sent: Friday, August 21, 2015 9:07 AM To: Kyle Klatt <KKlatt@lakeelmo.org> Cc: 'Dawn Grant - IRET' <DGrant@iret.com> Subject: RE: High Pointe Medical Campus - pylon sign Hello Kyle - I am checking in to see if there is need for additional information from us and if there is an updated on our submittal. Thanks, Steve Exhibit F to Written Statements Land Use Variance Application IRET Properties Exhibit G to Written Statements Land Use Application IRET Properties Exhibit H to Written Statements Land Use Variance Application IRET Properties INFORMATION The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Page 1 Verification of Ownership Land Use Application IRET Properties TITLE INSURANCE COMMITMENT Issued by AGREEMENT TO ISSUE POLICY We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: Authorized Countersignature Stewart Title of Minnesota, Inc. Company Bloomington,Minnesota City, State ALTA Plain Language Commitment (6/17/06) 245 ALTA Plain Language Commitment (6/17/06) CONDITIONS 1. DEFINITIONS (a) “Mortgage” means mortgage, deed of trust or other security instrument. (b) “Public Records” means title records that give constructive notice of matters affecting your title according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B – Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attach between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B – Section I are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B – Section I or Eliminate with our written consent any Exceptions shown in Schedule B – Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Page 2 ESTABLISHED 1893 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY AS BEING SYNONYMOUS WITH QUALITY P.O. Box 2029 Houston, Texas 77252 TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment date 2. Policies to be Issued, Amounts and Proposed Insureds 3. Interest in the Land and Owner 4. Description of the Land SCHEDULE B-I – REQUIREMENTS SCHEDULE B-II – EXCEPTIONS CONDITIONS 2 ALTA Commitment Schedule A SCHEDULE A STEWART TITLE GUARANTY COMPANY Commitment Page 5 of 9 Customer Reference #: 955743 Order Number: 153273 1. Effective Date: January 4, 2012 at 7:00 A.M. 2. Policy or Policies to be issued:Amount of Insurance (a) ALTA Owner’s 2006 Proposed Insured: NONE (b)ALTA Loan 2006 $5,400,000.00 Proposed Insured: TCF Bank, its successors and/or assigns 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple and is at the effective date hereof vested in: IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota 4. The land referred to in this Commitment is located in the County of Washington, State of Minnesota, and described as follows: SEE ATTACHED EXHIBIT A ALTA Commitment Schedule A SCHEDULE A STEWART TITLE GUARANTY COMPANY Commitment Page 6 of 9 EXHIBIT A All that part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 29 North, Range 21 West, Washington County, Minnesota, described as follows: Commence at the Southeast corner of said Southeast Quarter; thence North 00 degrees 00 minutes 40 seconds West, along the East line of said Southeast Quarter, a distance of 435.61 feet to the POINT OF BEGINNING; continue thence North 00 degrees 00 minutes 40 seconds West, along said East line, a distance of 483.26 feet, thence North 90 degrees 00 minutes 00 seconds West a distance of 683.24 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 423.69 feet; thence Westerly 123.88 feet along the arc of a non-tangential curve concave to the South whose radius is 230.00 feet and whose chord bears South 83 degrees 51 minutes 07 seconds West; thence South 68 degrees 24 minutes 49 seconds West a distance of 102.81 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way a distance of 421.73 feet along the arc of a non- tangential curve concave to the Northeast whose radius is 768.51 feet and whose chord bears South 52 degrees 53 minutes 56 seconds East; thence North 00 degrees 00 minutes 40 seconds West a distance of 176.36 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 175.00 feet; thence South 00 degrees 00 minutes 40 seconds East a distance of 223.25 feet to a point on the Northerly right of way line of Hudson Blvd.; thence Southeasterly, along said Northerly right of way line a distance of 53.13 feet along the arc of a non-tangential curve concave to the North, whose radius is 768.51 feet and whose chord bears South 84 degrees 06 minutes 58 seconds East; continue thence South 86 degrees 05 minutes 47 seconds East a distance of 141.01 feet; thence North 00 degrees 00 minutes 40 seconds West a distance of 301.88 feet; thence North 89 degrees 35 minutes 53 seconds East a distance of 200.00 feet to the POINT OF BEGINNING and there terminating. Being Torrens property. Certificate No.: 60591 ALTA Commitment Schedule B Section I SCHEDULE B – Section I Requirements STEWART TITLE GUARANTY COMPANY Commitment Page 7 of 9 Order Number: 153273 THIS COMMITMENT IS NOT AN ABSTRACT, EXAMINATION, REPORT, OR REPRESENTATION OF FACT OR TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH THREE (3) OF THE CONDITIONS. The following are the requirements to be complied with: 1.A properly executed and recordable mortgage from IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota, to TCF Bank. 2. Affidavit Regarding Borrower(s) executed by IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota. 3. The company requires the following to be satisfied, subordinated or partially released: Mortgage, Security Agreement and Fixture Financing Statement in the original principal amount of $8,100,000.00, dated 11-8-1998, filed 12-17-1998, as Document No. 1075768, between East Metro Medical Building, LLC, a Minnesota limited liability company, mortgagor, and The Variable Annuity Life Insurance Company, a Texas corporation, mortgagee. Amended by Consent, Assumption, Loan Modification, Amendment to Mortgage, Security Agreement and Fixture Financing Statement and Indemnification Agreement dated 7-30-2004, filed 10-5-2004, as Document No. 1150298; mortgage assumed by IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota. 4. The company requires the following to be satisfied, subordinated or partially released: Absolute Assignment of Leases and Rents dated 12-8-1998, filed 12-17-1998, as Document No. 1075769, between East Metro Medical Building, LLC, a Minnesota limited liability company, assignor, and The Variable Annuity Life Insurance Company, a Texas corporation, assignee. Amended by Consent, Assumption, Loan Modification, Amendment to Mortgage, Security Agreement and Fixture Financing Statement and Indemnification Agreement dated 7-30-2004, filed 10-5-2004, as Document No. 1150298; assignment assumed by IRET Properties, a North Dakota Limited Partnership, a limited partnership under the laws of North Dakota. ALTA Commitment Schedule B Section II SCHEDULE B – Section II Exceptions STEWART TITLE GUARANTY COMPANY Commitment Page 8 of 9 Order Number: 153273 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. 2. Rights or claims of parties in possession, not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 5.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6.Rights or claims of tenants, as tenants only, in possession under unrecorded leases. 7. Taxes for the year 2011 in the amount of $346,110.00. They are paid in full. Base Tax amount $343,323.63. PIN: 33.029.21.44.0007. Non-Homestead There are no delinquent taxes of record. 8. Special and pending assessments, if any. Note: An assessment search has been requested and the results of that search will follow by revision. 9. Minnesota Department of Transportation Right of Way Plat No. 82-31, filed 9-29-1981, as Document No. 58129. 10. Terms and conditions of Partial Final Certificate dated 10-9-1987, filed 11-12-1987, as Document No. 85987. 11. Terms and conditions of Declaration of Protective Covenants dated 12-1-1997, filed 12-19-1997, as Document No. 1065503. 12. Terms and conditions of Easement Agreement dated 12-10-1997, filed 12-31-1997, as Document No. 1065505. ALTA Commitment Schedule B Section II SCHEDULE B – Section II Exceptions STEWART TITLE GUARANTY COMPANY Commitment Page 9 of 9 13. Terms and conditions of East Metro Healthcare Center Cooperation Agreement dated 12-2-1997, filed 12-31-1997, as Document No. 1065506. 14. Terms and conditions of Memorandum of Cooperation Agreement dated 12-10-1997, filed 12-31- 1997, as Document No. 1065507. 15. Terms and conditions of Grant of Permanent Easement dated 12-10-1997, filed 12-31-1997, as Document No. 1065509. 16. Terms and conditions of Easement and Agreement dated 8-30-2004, filed 10-6-2004, as Document No. 1150352. Lake Elmo City Hall 651-747-3900 3800 Laverne Avenue North Lake Elmo, MN 55042 Development Standards for Eagle Point Business Park 300.12 subd. (1)(B) and 300.12(2). No Business Park structure shall exceed 60’ in height. Parapet walls shall not exceed more than 4’ above the height permitted of the building. 300.13 subd (6)(A)(3) Parking spaces shall be 9’ X 18’ at the developments north of Hudson Blvd and 10’ X 20’ South of Hudson Blvd, with the exception of the hotel and restaurant which needs to be 9’ X 18’ spacing. Parking spaces for the handicapped shall be minimum of 12’ X 20’. 20% of the spaces in an office development can be compact car size 8’ X 16”. The size of parking space may be altered upon approval of Zoning Administrator. 300.13 subd. (6)(B)(6)(D) The primary landscaping materials shall be shade trees with shrubs, hedges, etc., used only to complement trees, not as the sole means of landscaping. Landscaping and irrigation will be done on a project by project basis. If landscaping within the NSP easement is disturbed, it needs to be replaced by NSP, or the property owner. Berming and landscaping must be approved within one year of City Council approval. Permitted Uses: Banks, medical clinics, offices, schools (business, professional and private trade), office showrooms. Conditional Uses: Business services, conference centers, health clubs, hotels and motels, day care centers, limited retail, medical, dental and research labs, recording studios, restaurants and cafeterias, theaters, teleconferencing transmission facilities, veterinary clinics, and hotel. Minimum Lot Area: 2.0 acres. Lots less than 2.0 acres might be approved on a project by project basis through a conditional use permit. Minimum Lot Frontage: 200’ with the exception of 50’ pm a cul-de-sac. Lot Width/Depth Ratio: 1/3.5 Minimum Building Setbacks: 50’ for the front and street frontage, and 10’ for side and rear frontage. When abutting residential uses, the current ordinance requirement will apply. Minimum Parking Setbacks: Front: 20’, Side: 10’, Side(street): 20’, Rear: 10’ Minimum Building Foundation Size: 10,000 s.f. Parking Ratio: One space for each 250 s.f. of office building area or one space per two employees, whichever is greater. One space per 2,000 s.f of storage, warehouse and 1 space per 1,000 s.f. of showroom. Pathways: 8’ wide pathways as part of the City’s trail system and the City will maintain. Storm Water Control: Storm water management requirements should be averaged over the PUD area as a whole. The tributary setback will be 30’ from the tributary setback, and the parking setback will be 10’ from the tributary setback. Lighting Height: 30’ maximum Sign Height: Businesses can have signage on the building and a monument sign at the property’s entrance, and that a pylon sign must be approved on a case by case basis by the City. Pond Maintenance: Recommend the creation of a District to take care of pond maintenance. City of Lake Elmo Certificate of Grading Review Sheet PUBLIC HEARING ITEM 5b – PUBLIC HEARING PLANNING COMMISSION DATE: 1/11/15 AGENDA ITEM: 5b – PUBLIC HEARING CASE # 2015-40 ITEM: Sign Variance – IRET Properties, 8650 Hudson Blvd SUBMITTED BY: Stephen Wensman, City Planner REVIEWED BY: Joan Ziertman SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to hold a public hearing to consider a request from IRET properties for a variance to allow a 35-foot high, 16-foot wide pylon sign. The maximum pylon sign height for the subject property according to the Eagle Point Business Park Exterior Sign Design Agreement is 30-foot high and 12-foot wide. Staff is recommending that the Planning Commission recommend approval of the variance request based on the findings listed in the Staff Report with the following motion: “Move to recommend approval of the 5 foot height and 4 foot width variance request at 8650 Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High Pointe Medical Campus based on the findings identified in the Staff Report.” GENERAL INFORMATION Applicant: IRET Properties, 10050 Crosstown Circle, Suite 105, Eden Prairie, MN 55344 Property Owners: IRET Properties, 1400 31st Ave SW, Suite 60, Minot ND 58702 Location: 8650 Hudson Blvd, Lake Elmo PID Number: 33.029.21.44.0007  Request: Variance – 5’ height and 4’ width variance from the pylon sign regulations of the Eagle Point Business Park Exterior Sign Design Agreement Existing Land Use: Medical Facilities Existing Zoning: BP – Business Park Surrounding Land Use: Medical Offices, Auto Body Repair, Offices 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 Planned Unit Development. 2 PUBLIC HEARING ITEM __ – PUBLIC HEARING Deadline for Action: Application Complete – 12/1/15 60 Day Deadline – 1/30/16 Extension Letter Mailed – No 120 Day Deadline – 3/30/16 Applicable Regulations: Eagle Park Business Park PUD Agreement 154.109 – Variances (Administration and Enforcement) REQUEST DETAILS The City of Lake Elmo has received a request from IRET Properties for a variance to allow a pylon sign that exceeds the maximum height and width allowed under the Eagle Park Business Park PUD Agreement. Under the Agreement, the maximum height and width for a pylon sign in this location would be 30-foot high and 12 foot wide feet. The applicant is requesting a 5-foot height and 4-foot width variance from the PUD Agreement to allow a 35-foot high and 16-foot wide pylon. 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 four required findings to grant a variance under the City’s Zoning Code and State Statute. BACKGROUND The subject property is located in the southeastern corner of the Eagle Point Business Park, east of Inwood Avenue (CSAH 13) and Eagle Point Boulevard. The attached Exhibit B highlights the location of the parcel and its proposed pylon sign location. The parcel was platted as part of the Eagle Point Business Park and is 10.46 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 with the exception of a collision shop. In terms of the physical characteristics of the property, the site is irregularly shaped with frontage on Hudson Boulevard, but with two other businesses, the Park Dental and Crossroads Collision carved into their Hudson Boulevard frontage. The High Point Health building is a 3-story brick building that sits up high toward the rear of the lot with the parking to its east side and entrance at the southeast corner of the building. The entrance drive curves behind the Crossroads Collision to Hudson Boulevard. The proposed pylon locations is on a vacant/undeveloped portion of the frontage between the Crossroads Collision and Park Dental. The location is the best location for providing visibility from Interstate 94, as it is the portion of the site where Hudson Boulevard runs parallel to the Interstate. Other signs for the High Point Medical Facility include a large wall sign that faces south and a small monument sign where the entrance drive meets Hudson Boulevard. The building is a multi-tenant building and site lacks signs depicting building tenants. 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:  The Eagle Point Business PUD Agreement. According to the sign design regulations in the agreement, the text references a 25-foot height, whereas the text below the graphic depiction 3 PUBLIC HEARING ITEM __ – PUBLIC HEARING of the pylon sign states, “approximately 30’ high x 12’ wide. Furthermore, the staff prepared summary of the Eagle Point Development Standards states: “Sign Height: Businesses can have signage on the building and a monument sign at the property’s entrance, and that a pylon sign must be approved on a case by case basis by the City.”  The only other pylon sign in the “locality” is a non-conforming pylon sign for Crossroads Collision. Further down the road to the east is one other pylon signs for Lamperts Lumber which is a much larger non-conforming sign.  Site Topography/Visibility. As noted in the application, the building was one of the first to be constructed in the Eagle Point Business Park, and as other buildings have been constructed, some along the frontage, it has become increasingly difficult to find the businesses in the facility. Visibility is poor from Hudson Road and even more so from Interstate 94.  Regulatory Ambiguity. As noted earlier, the Eagle Park Business Park PUD Agreement is somewhat ambiguous. The written text associated with the signs references a 25-foot height, whereas the graphic uses the term, “approximately 30-foot”. To further complicate the matter, a staff’s summary of the agreement states, “case by case” for pylon signs. This ambiguity has caused internal interpretation issues. When first presented with this proposal, Nick Johnson, the City Planner, stated that in an email to the applicant that the 35-foot pylon sign height, “will work”. Later, when Nick left the city, Kyle Klatt, the Development Director, denied the application. Based on the denial, present staff requested that applicant apply for a variance.  Regulatory Delays. This process started on January 14, 2015 with an initial discussion with Nick Johnson the former City Planner. A formal sign permit application was made on July 23, 2015 which was denied by the Development Director on September 2, 2015. On November 6, 2015, the applicant discussed the process with the new City Planner and a variance application was submitted on December 1, 2015. 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. 4 PUBLIC HEARING ITEM __ – PUBLIC HEARING FINDINGS: Increasing the allowed height from 30-foot to 35-foot and the width from 12-foot to 16- foot for a pylon sign represents a reasonable use of the property. The property is zoned Business Park and is surrounded by other commercial uses. A larger nonconforming pylon sign exists adjacent to the site. Visibility to the site is difficult and identification of the multiple tenants is also reasonable. The variance is in keeping with the intent of the City’s sign ordinance: to foster high quality commercial and industrial development and to enhance economic development of existing businesses and industries by promoting reasonable, orderly, attractive and effective signs that meet the need for business identification, advertising and communication. 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 site, lot layout, and the poor visibility from Hudson Boulevard and Interstate 94 are unique and not circumstances created by the landowner. The Crossroads Collision and Park Dental buildings sit in front of the High Point Health facility limiting visibility. The facility sits to the rear of the site, the flat buildable area, leaving little physical presence on the Hudson Boulevard frontage. The restrictive sign design guidelines were created by the developer and approved by the City of Lake Elmo, not the current land owner/applicant. 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 property and surrounding properties are within the Business Park, or are Commercial zoning. There exists one other pylon sign within the locality, and others beyond that are larger and are noncompliant with the City’s sign ordinance. The Eagle Point Business Park Agreement does allow a pylon sign. 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 proposed pylon sign site. The proposed pylon sign is located on an undeveloped portion of the applicant’s lot. The presence of the 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. 5 PUBLIC HEARING ITEM __ – PUBLIC HEARING RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the variance request submitted by IRET Properties given that the request meets the four criteria for a variance. The suggested motion for taking action on the Staff recommendation is as follows: “Move to recommend approval of the 5 foot height and 4 foot width variance request at 8650 Hudson Blvd. to allow for a 35-foot high, 16-foot wide pylon sign at the High Pointe Medical Campus based on the findings identified in the Staff Report.” ATTACHMENTS: 1. Written Statement 2. Exhibits C–H to Written Statement 3. Site Survey 4. Adjacent Pylon photos 5. Letters of Support 6. Eagle Point Development Standards 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