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HomeMy WebLinkAboutPZ Agenda Packet - 4-13-15 3800 Laverne Avenue North Lake Elmo, MN 55042 (651) 747-3900 www.lakeelmo.org NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday, April 13, 2015 at 7:00 p.m. AGENDA 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. March 23, 2015 4. Public Hearing a. VARIANCE – 8515 EAGLE POINT BOULEVARD. BDH + Young on Behalf of Eagle Point Medical, LLC has requested a variance to allow for a ground sign that exceeds the maximum height permitted under the Sign Ordinance. b. ZONING TEXT AMENDMENT – FREEWAY SIGNS. Rihm Kenworth has requested a zoning text amendment to change the Sign Ordinance to allow freestanding signs that are 25 feet in height and 250 square feet in area for properties/businesses adjacent interstate highways. 5. Business Items a. FINAL PLAT – HUNTERS CROSSING 2ND ADDITION. The Planning Commission will conduct a review of a Final Plat submitted by The Ryland Group, 7599 Anagram Drive, Eden Prairie, MN for the second phase of single family residential subdivision to be called Hunters Crossing. The final plat includes 29 residential lots and the related land and easement dedications to the City of Lake Elmo. 6. Updates a. City Council Updates – April 7, 2015 Meeting b. Staff Updates i. Upcoming Meetings: • April 27, 2015 • May 11, 2015 ii. Welcome to Commissioner Gary Fields iii. Update on Planning Commission Terms c. Commission Concerns 7. Adjourn City of Lake Elmo Planning Commission Meeting Minutes of March 23, 2015 Chairman Dodson called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Williams, Dodson, Kreimer, Griffin, Larson, Haggard and Dorschner COMMISSIONERS ABSENT: Fields STAFF PRESENT: Community Development Director Klatt and Planner Casey Riley Approve Agenda: Commissioner Dorschner moved to table all agenda items except those that may pose a liability. He also stated that he had read that there was a hostile work environment and he would like to postpone the agenda. The motion was seconded by Commissioner Larson. Planning Director Klatt commented that the City Administrator asked that the Commission to conduct their business as usual. Motion withdrawn by Commissioner Dorschner due to the respect he has to the city administrator. Commissioner Larson commented that the Parks Commission did table their agenda and asked that the Planning Commission also table their agenda. Haggard wanted to clarify that it wasn’t a statement by the Planning Commission as it was not voted or agreed on, but a statement by Commissioner Dorschner. The agenda was then accepted as presented. Approve Minutes: March 9, 2015 There was a discussion by the Planning Commission regarding changes to the minutes. M/S/P: Williams/Dodson move to approve minutes as amended, Vote: 6-1, with Haggard abstaining. Public Hearing: Zoning Map Amendment – General Amendments Community Development Director Klatt presented the zoning map with minor changes and asked the Commission to update the map. Klatt reviewed changes in the Village Area. The properties to be rezoned are the following: Lake Elmo Planning Commission Minutes; 3-23-15 2 • Village Preserve, Village Park Preserve and Easton Village sites. Both areas were zoned Rural Transitional (RT) and are to be rezoned LDR. • The water tower site in the Village is to be rezoned from RS to Public Facility (PF). • 3520 Laverne Ave North, the parcel north of the fire station was left as Rural Single Family, but is a commercial building and needs to rezoned as such (C). • Several parcels on Stillwater Blvd were left as Rural Estates and shall be rezoned Rural Single Family. Commissioner Haggard inquired about the northern parts of Easton Village and asked if they were originally zoned as open space. Klatt clarified that the two northern parcels will be shown as parkland once the plats are approved and the parkland dedicated to the city. Dodson inquired as to whether there were areas of the Easton Village plat that were part of the no build area due to the airport adjacent to the parcels. Klatt clarified that there are areas that will not be built upon due to the airport, but the maps have not been updated and these areas will be updated accordingly. Commissioner Larson commented that the airport may be shifting the airport runway location and this will change the flight path of the airport. Klatt mentioned the capital improvement plan and that the airport is in the process of shifting the runway and shifting the safety zones north. Public Hearing opened at 7:29 pm. No one spoke and no written comment was received. Public Hearing closed at 7:30 pm. Haggard commented that the parcel guided for commercial be rezoned as mixed use. Klatt commented that the surrounding buildings are commercial and not mixed use. The building is currently used as office space. Williams commented that the commercial buildings in the village are zoned as General Business. Klatt apologized and clarified that the parcel be zoned General Business and not Commercial. M/S/P: Williams/Kreimer, move to recommend approval of the updated Zoning Map, with the addition of 3520 Laverne Ave. N from RS to GB. Vote: 7-0, motion carried unanimously. Commissioner Williams noted his appreciation for Commissioner Haggard and her attention to detail. M/S/P: Williams/Kreimer, move to recommend approval of the updated Zoning Map, Vote: 7-0, motion carried unanimously. Business Item: Rural Area Development Update. Lake Elmo Planning Commission Minutes; 3-23-15 3 Klatt began his presentation and explained the Met Council Clarification Memo and the new 2040 forecast. He explained how this forecast is not an MOU and that these numbers are a best guess as to what the population numbers may be, and is not a cap or limit. Chair Dodson inquired if the Met Council takes into account Lake Elmo’s unique geography and the large park at the center of the city. Klatt mentioned that negotiations continue with Met Council as to the number of households guided for Lake Elmo. Klatt gave a brief overview of the 2015 Systems Statement and the Rural Area Growth Projections. Commissioner Williams clarified that Cimarron and the Village Area are not included in the RAD Household numbers. RAD households are all areas within the city outside of the sewered areas. Klatt presented the situation now and compared to the 2030 forecast numbers to the 2040 forecast numbers. He noted that there are options to rethinking how development is laid out in the future and different scenarios that could take place within the parameters of growth and expansion. Commissioner Williams asked what other services need to be provided in addition to roads. Klatt commented that the services would primarily be roads. Easements are a concern as well as utilities. Klatt noted that residents sharing roads leads to the private roads being turned back to the city in the future. Wells and aquifers are also part of the equation. Chair Dodson commented that in some situations subdividing would make sense, and in others it would not. Dorschner commented that subdividing should be evaluated on an individual level. Haggard questioned the conditions of subdivision, such as wetlands or buildable acres and asked what variables should be considered. Klatt mentioned that this the City had moved away from RE zoning and towards OP developments, as there is greater value in having common open space. Williams said that Comprehensive Planning is a popularity contest and that the Commission needs to think of all the possibilities and consider what the community should look like. Chair Dodson mentioned that there are not many parcels left to create OP areas. Cost of residential services in rural areas was discussed. Klatt asks if the Commission would like a more up to date report. Lake Elmo Planning Commission Minutes; 3-23-15 4 Transit-focused update: Should the Commission consider a transit focused update in conjunction with or parallel to transit planning updates? Commissioner Williams directed attention to the League of MN Cities and the Effective Tax Rate chart and notes that he would like to state that the he disagrees with the statement that rural areas do not pay for themselves. Chair Dodson said that he doesn’t think the tax rate has to do with land density. A brief discussion was held. A situational study was suggested to study a certain parcel and the cost of services that will be needed. Sewer service was discussed in relation to rural developments. Kreimer commented that he believes there will be some lots more suited to OP and some more suited to RE. He wonders how we account for that in the Comp plan. Do we allow either one and let the market dictate. Klatt stated we could combine the 2 zoning designations to allow more flexibility. Dodson mentioned that he was somewhat opposed to private roads and the neighbor disputes that would ensue. Klatt said that a larger discussion was needed. Business Item: Gateway Corridor Transit Planning Update. Riley presented an overview of the Gateway Corridor development project, which is a 12 mile transit way for bus rapid transit. This is in addition to express buses that will not use this corridor. The impacts to land use of this corridor will have to Lake Elmo was also discussed. Riley noted that there has been community engagement opportunities specifically in response to the Environmental Impact Study. Chair Dodson commented that he wanted more information about Affordable Housing. Williams noted that traditionally Cimarron was the affordable housing option in Lake Elmo. Klatt stated that the Met Council standard is utilized to determine affordable housing, which is 60% of area median income. The Lake Elmo plan incorporates the guided numbers provided by Met Council. The Lake Elmo affordable housing requirement is 661 housing units. He noted that these are not mandated requirements, but would make the City eligible for the Livable Communities Grant. Lake Elmo Planning Commission Minutes; 3-23-15 5 There is a health impact study being done by the Minnesota Department of Health and one thing they are looking at is crime. Larson noted that Savona has townhomes from $225,000 to $275,000. Haggard asked how many rec units the transit station would count for, and stated that the station areas would take land away from residential land. Kreimer mentioned that the school district was looking at sites to create a new school. Business Item: Open Meeting Law Discussion. Chair Dodson asked that the process for discussions to be clarified, specifically for the process of a Planning Commissioner adding an item to the agenda. Klatt explained the process and the general policy. Disallowed communication is a situation where three of four commissioners discuss an agenda item and create a quorum. This is relevant to email as well. Williams explained the MN Open Meeting Law and said he would investigate the matter as it may be more than two individuals discussing commission matters. Commissioner Dorschner asked if the Commission would be open to training about what is acceptable and what is not. Updates and Concerns Council Updates – March 17, 2015 Meeting 1. Accessory Building Variance – 3033 Inwood Ave was approved. Staff Updates 1. Upcoming Meetings a. April 13, 2015 b. April 27,2015 Commission Concerns The Commission briefly commented on the Administrators parting. Meeting adjourned at 9:51 pm Respectfully submitted, Joan Ziertman Planning Program Assistant Lake Elmo Planning Commission Minutes; 3-23-15 PLANNING 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 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. K Eagle Po i n t B l v d . Hudson Blvd. 0 300 600150 Feet 1"=300' 8515 Eagle Point Blvd. I n w d o o d A v e . 456713 Data Source: Washington County, MN 4-9-2015 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.    PLANNING COMMISSION DATE: 4/13/15 AGENDA ITEM: 4B – PUBLIC HEARING CASE # 2015-15 ITEM: Zoning Text Amendment – Pylon and Freestanding Signs SUBMITTED BY: Nick Johnson, City Planner REVIEWED BY: Kyle Klatt, Community Development Director Casey Riley, Planning Intern Adam Bell, City Clerk SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to hold a public hearing on a request submitted by Rihm Kenworth to amend the City’s Sign Ordinance to allow pylon and freestanding signs with a maximum height of 25 feet and 250 sq/ft surface area for properties within all commercial zoning districts abutting Interstate 94. The current zoning districts with frontages along I-94 include Business Park (BP), Commercial (C), and Rural Transitional (RT). Staff is recommending that the Planning Commission recommend approval of a Zoning Text Amendment to allow freestanding signs with a maximum height of 25 feet and an area of 150 square feet on properties adjacent to interstate highways. GENERAL INFORMATION Applicant: Rihm Kenworth of Lake Elmo, 11530 Hudson Boulevard, Lake Elmo, MN 55042 Property Owners: EN Properties LLC, 11530 Hudson Boulevard, Lake Elmo, MN 55042 Location: N/A – Request would allow for pylon and freestanding signs with a maximum height of 25 feet and 250 square feet of surface area for commercial properties abutting Interstate 94. Request: Rihm Kenworth of Lake Elmo is requesting to amend the City’s Zoning Code to allow pylon and freestanding signs with a maximum height of 25 feet and 250 square feet of surface area in the Business Park (BP), Commercial (C), and Rural Transitional (RT) zoning districts for properties along I-94. Existing Land Use: N/A Existing Zoning: N/A Surrounding Land Use: N/A Surrounding Zoning: N/A Comprehensive Plan: N/A Proposed Zoning: N/A PUBLIC HEARING - ITEM 4B 2 History: In advance of sewered growth in Lake Elmo, a major update to the Zoning Code was completed in 2012. As part of this Zoning Code update, the previous signage regulations were replaced by the current Sign Ordinance. Prior to the adoption of the current Sign Ordinance, pylon and freestanding signs were allowed for certain parcels along I-94 with a maximum height of 30 feet and a maximum area of 150 square feet. Attachment #2 includes the previous signage regulations for the City of Lake Elmo. Page 9 of the previous signage regulations include the provisions for the I-94 District. The current Sign Regulations do not allow pylon and freestanding signs. The Code acknowledges that these signs exist and are defined in the “definition” section of the code. However, pylon and freestanding signs are not included in the current permitted signs for Commercial, Mixed-Use and Industrial. It should also be noted that in section L, Prohibited Signs, pylon and freestanding signs are not identified as a prohibited use. Applicable Regulations: Sign Regulations (§154.212) in Current Zoning Code Signs: I-94 District (§151.115) in Previous Zoning Code REQUEST DETAILS Rihm Kenworth has applied for a zoning text amendment to amend the City’s Zoning Code to allow pylon and freestanding signs as a permitted use in the Business Park (BP), Commercial (C), and Rural Transitional (RT) zoning districts that abut Interstate 94. The Planning Commission is asked to hold a public hearing on the request, as all changes to the City’s Zoning Code require a public hearing. The applicants currently operate a business at 11530 Hudson Blvd. N. along Interstate 94 on a parcel that is zoned Rural Development Transitional (RT). BACKGROUND Rihm Kenworth currently operates a business at 11530 Hudson Boulevard. The property is located along Interstate 94 in the southeast corner of the City west of Manning Avenue. They recently started operations on this site and are interested in marketing their business with a sign on I-94. The applicants met with City staff in late January of 2015 to learn more about the City’s Sign Regulations along I-94. Upon review of the sign requirements, it was found that pylon and freestanding signs are currently not permitted in any zoning districts along Interstate 94. The best option remained a Ground Sign with a maximum height of 10 feet and maximum area of 72 feet. Unfortunately, with these requirements, the sign would not be legible from a car traveling 65 mph along I-94. After reviewing the sign requirements in the City’s Zoning Code, the applicant chose to request a Zoning Text Amendment. It should be noted that a variance request was also explored by the applicant. However, after discussing the desired outcome with City staff, it was determined that such a signage change would be more appropriate as an amendment to the Sign Ordinance, as there are many properties along I-94 that will likely have similar requests or be affected by such change. After conducting research and consulting with City staff, the applicant recommends to amend the Sign Ordinance to allow pylon and freestanding signs with a maximum height of 25 feet and a maximum 250 sq. ft. surface area for properties abutting Interstate 94. The recommendation takes into consideration the elevation of the Interstate, and the 65 mile per hour travel speed. The applicant PUBLIC HEARING - ITEM 4B 3 has provided several supplemental documents including the United States Sign Council (USSC), the Woodbury Freestanding Sign Code, and the Oakdale Sign Code for consideration by the City. STAFF REVIEW COMMENTS: In order to review whether or not pylon and freestanding signs are an appropriate use along Interstate 94, staff reviewed sign requirements from numerous cities within the Metro. The results of staff research are found in Attachment 3, a table providing the provisions of various cities with regards to freestanding signs. The maximum height for a freestanding sign in the broader area was 50 feet in Albert Lea. The maximum surface area was found to be 250 square feet in Albert Lea, Richfield, Sauk Centre, and Bloomington. In the East Metro, Stillwater allows a maximum sign height of 25 feet and 200 square feet. Woodbury has a maximum sign height of 30 feet and 150 square feet. Oakdale allows freestanding signs to be a maximum of 25 feet in height and 80 square feet in area, whereas pylon signs are permitted to be a maximum of 30 feet in height and 150 square feet in area. In addition, staff reviewed the sign requirements for Business Park, Commercial, and Rural Transitional zoning districts. It was found that pylon and freestanding signs are not a permitted use in Commercial, Mixed-Use and Industrial Districts. Based upon a number of previous inquiries, as well as the future context of a growing I-94 Corridor with additional commercial properties, it is staff’s recommendation to provide some signage allowance for freestanding signs for commercial properties abutting the I-94 Corridor. It should be noted that from a planning perspective, most cities have a supplemental code for businesses and commercial properties along an interstate as they are presented with different opportunities and challenges than typical businesses and commercial centers. The interstate allows the public and potential visitors to see a business from the highway, but can be a problem at the high speed of travel. The sign must be large enough to be both visible and readable at the travel speed. The applicant has included the “Sign Rules of Thumb” by the United States Sign Council to better inform the Zoning Text Amendment request. Staff has determined that a height of 25 feet is appropriate for the I-94 Corridor, but have also determined that an area of 250 square feet exceeds the size that is consistent with the desired character of Lake Elmo. Staff recommend that an a maximum area of 150 square feet would be appropriate for Lake Elmo, which would be consistent with other neighboring communities. In addition, in determining whether or not pylon or freestanding signs are appropriate for the Commercial, Business Park and Rural Transitional zoning districts along Interstate 94, it should be noted that the proposed action does not remove or replace the sign regulation requirements. It is recommended that freestanding or pylon signs only be allowed for properties adjacent to interstate highways (I-94 in Lake Elmo’s case). Different communities have different approaches to determine which parcels are eligible for freestanding signs. For example, the City of Woodbury requires that a freestanding freeway sign not be more than 100 feet from the freeway right-of-way or boundary. In order to further clarify staff’s recommended amendment to the City’s Sign Ordinance, staff will provide recommended ordinance language at the Planning Commission meeting. As far as a general recommendation is concerned, staff recommends that the Planning Commission consider some allowance for freestanding signs, as the City has received a number of requests inquiring about taller freestanding signs adjacent to the I-94 Corridor. It is the opinion of staff that these requests will only increase as additional commercial development occurs within the I-94 Corridor. At this time, staff is recommending to allow signs that are 25 feet in height and 150 square feet in area for signs that are in proximity to the interstate highway. PUBLIC HEARING - ITEM 4B 4 RECCOMENDATION: Staff is recommending that the Planning Commission recommend approval of the requested zoning text amendment to allow pylon and freestanding signs with a maximum height of 25 feet and 150 square feet for commercial properties abutting Interstate 94. The recommended motion is as follows: “Move to recommend approval of the request amend the Sign Ordinance to allow pylon and freestanding signs for commercial properties adjacent to interstate highways. These sign should not exceed 25 feet in height and 150 square feet in area.” ATTACHMENTS: 1. Land Use Application and Supporting Materials 2. Previous Signage Regulations 3. Staff Research of Metro Sign Ordinances 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 4B 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 1/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx Print Lake Elmo, MN Code of Ordinances SIGNS § 151.115 PURPOSE. (A) Purpose and findings. (1) Purpose. (a) The Lake Elmo sign regulations are intended to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the business community’s need for effective communication and identification. It is not the purpose or intent of these regulations to favor commercial messages or speech over non-commercial messages or speech or to discriminate between types of non-commercial speech or the viewpoints represented therein. It is the intent of these regulations to promote the health, safety, general welfare, and desirable rural community image through the regulation of signs with the following objectives in mind: 1. Signs shall demonstrate a high standard of aesthetic character and encourage the use of monument and individual letter-style signs; 2. Permit large enough copy/graphic area to effectively convey the intended message but not so large as to unduly distract the reader and insist on lettering large enough to be easily read to encourage simple, uncluttered messages; 3. Signs shall be proportioned to the size of, and architecturally compatible with, the structures and other signs on the premises; 4. Permanent signs shall only advertise on-premise businesses, services, facilities, and the like; 5. Allow temporary business signs for grand openings and occasional sales events; allow temporary signs to advise the public of the seasonal sale of agricultural and horticultural products in keeping with the city’s rural image; and to allow temporary directional signs permitting the public to more easily locate land conservation developments which enhance the city’s rural image, without creating continuous visual clutter or traffic hazards along streets or at intersections; and 6. Signs shall be properly maintained. 7. Dynamic signs that distract drivers, cyclists and pedestrians shall not be permitted. Studies conducted by public and private agencies have identified that dynamic signs, including multi-vision signs, electronic signs and video displays can be highly distracting to drivers, pedestrians, and cyclists and that distraction is a significant underlying cause of traffic accidents. With respect to electronic signs, including video display signs, the City finds that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, electronic signs, including video display signs, constitute a serious traffic safety threat. Studies conducted by the Federal Highway Administration (FHWA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, September 11, 2001, and The Role of Driver Inattention in Crashes: New Statistics from 1995; the University of North Carolina Highway Safety Research Center, Distractions in Everyday Driving, May 2003 and The Role of Driver Distraction in Traffic Crashes, May 2001; the Wisconsin Department of Transportation, Synthesis Report of Electronic Billboards and Highway Safety, June 10, 2003; the Municipal Research and Services Center of Washington, Sign Control Provisions, Jan. 2006; the Veridan Group, Video Signs in Seattle, Gerald Wachtel, May 2001, reveal that electronic signs are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. (2) Findings. The City of Lake Elmo hereby finds that regulation of the construction type, location, size, and maintenance of signs is necessary to accomplish the above referenced objectives, because: (a) The presence of permanent and temporary signage affects the rural image of the City of Lake Elmo; (b) Properly regulated signage can create an atmosphere of prosperity, stimulate commercial activity, and consequently, lead to increased employment and a healthier tax base; (c) The safety of motorists, cyclists, and pedestrians can be threatened by signage that interferes with necessary sight-distances and/or unduly diverts the attention of such persons; (d) Signs that are too bright, overly illuminated, flash, blink, scroll, twirl, change messages or color, or imitate movement, including video displays, can distract drivers, cyclists and pedestrians and impact traffic safety. 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 2/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx (B) Severability. If any section, subsection, sentence, clause, or phrase in §§ 151.115 through 151.119 are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the sign ordinance . The City Council hereby declares that it would have adopted the Sign Ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. (Ord. 08-015, passed 7-21-2009) § 151.116 ADMINISTRATION AND ENFORCEMENT. (A) Permit required. No sign shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city. The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. (1) Permanent signs. To apply for a permanent sign permit, a complete application shall be submitted to the City containing the following: (a) Names and addresses of the applicant, owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) The legal description of the property on which the sign(s) are to be erected and the street on which they are to front; (d) A complete set of scaled plans showing the sign dimensions, area, height, ground elevations, applicable setbacks, and other details to fully and clearly represent the safe construction and placement of the proposed signs); (e) Type of sign(s) being requested (i.e. wall sign, monument sign, and the like); (f) The permit fee; and (g) The following if applicable: 1. Written authorization from the property owner upon who’s land the sign is to be erected; 2. A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road; 3. A sign plan showing signs for all businesses if the sign is located on a building with more than one business; 4. Photographs of the building face and the building faces of both adjacent buildings if the sign is being placed on an existing structure; and 5. If replacing a historical sign, pictorial proof or other information that the sign is of historical significance or is a reproduction of a historic sign. (2) Temporary signs. To apply for a permit to allow a temporary sign, a complete application shall be submitted to the city containing the following: (a) Names and addresses of the applicant, owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) A generalized plan set showing the sign dimensions and height, and a notation of the materials to be used; (d) A scaled site plan which clearly represents the placement of the proposed sign(s) on the applicable property; (e) The proposed time frame(s) over which the sign(s) will be posted; (f) The permit fee; and (g) The following if applicable: 1. Written authorization from the property owner upon who’s land the sign is to be erected; and 2. A permit from either MnDOT or Washington County if the proposed sign is along a state highway or county road. (3) Temporary sign renewal. A temporary sign permit issued by the city may be renewed provided the sign design, size, location, or other previously approved details are not proposed to change. A sign renewal application shall include the following: 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 3/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx (a) Names and addresses of the applicant, owners of the sign, and lot; (b) The address at which the sign(s) are to be erected; (c) The date of issuance of the permit being renewed; (d) The proposed time frame(s)over which the sign(s) will be posted; (e) Written authorization from the property owner upon who’s land the sign is to be erected (if applicable); and (f) The permit renewal fee. (4) Review. The planning department shall approve or deny complete sign permit applications upon receipt of a complete application. If the permit is denied, the planning department will send a written notice of denial to the applicant. The written notice will indicate the reason(s) for denial and a description of the applicant’s appeal rights. (B) Exemptions. The following signs shall not require a permit, but shall still comply with all provisions of this subchapter or any other law or ordinance regulating signs. (1) The changing of the display surface on a previously approved sign. (2) Signs 6 square feet or less in size, per surface if double sided. (3) Window signage that does not cover more than 1/3 of the total area of the window in which the sign is displayed. (4) Governmental signage. (C) Fees. The fee for a sign permit is established yearly in the city’s adopted fee schedule as indicated in § 11.02. (D) Computations. (1) Sign area measurement. The area of a sign shall be computed by means of the smallest circle, rectangle or triangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the building facade against which it is placed. When a sign has two back-to-back sign faces containing sign copy, the sign area for both faces are counted toward the total allowed sign area. Poles, bases, and other supports shall not be included in the sign area calculation. Figure 1: Sign Area Measurement (2) Sign height measurement. The height of the sign shall be computed as the vertical distance measured from the average grade at the base 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 4/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx of the sign to the top of the highest attached component of the sign. Figure 2: Sign Height Measurement (3) Total sign area calculation. The total square footage of all sign surfaces shall be computed by adding together the sign areas of all signs on a property. Figure 3: Total Sign Area Measurement Example (E) Construction, maintenance and repairs. (1) The construction of all signs, unless otherwise stated herein, shall be in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, 1997 Edition, as may be amended, which is hereby adopted by reference and made a part of this subchapter. (2) All signs and structures shall be properly maintained and shall be constructed of sufficiently permanent material so that they shall not succumb to deterioration from weathering. (3) Any existing sign or sign structure which is rotted, unsafe, deteriorated, defaced, or otherwise altered, shall be repainted, repaired, replaced, or removed if repair is not feasible. Sign maintenance shall be the responsibility of the underlying fee owner. (F) Abatement. If the city finds that any sign has been erected without the necessary approvals or any sign is being maintained in violation of any zoning provision, the city may give written notice of such violation to the installer of the sign; to the permit holder; and/or to the owner, lessee or manager of the property. If after receiving said notice such person fails to remove or alter the sign so as to comply with the provisions of the zoning ordinance, the sign shall be deemed to be a nuisance and may be abated by the city under M.S. Ch. 429. The cost of such abatement, including administrative expenses and reasonable attorneys’ fees, may be levied as a special assessment against the property upon which the sign is located. (Ord. 08-015, passed 7-21-2009) 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 5/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx § 151.117 GENERAL STANDARDS. (A) Abandoned signs. Abandoned signs shall be removed. (B) Building identification. A building address, date of construction, commemorative tablet, and the like; shall not count towards the overall permitted signage on a building or parcel. All forms of building identification, except for the building address, shall be cut into a masonry surface or be constructed of bronze or other incombustible material. (C) Building official review. No sign shall be attached to or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City Building Official. (D) Changeable copy signs. A changeable copy sign, such as a reader board, may he integrated into an allowable sign subject to the following restrictions: (1) The message conveyed by the sign face shall not blink, flash, scroll or be so animated as to be deemed a distraction to passing motorists; (2) Copy on the sign shall not change more than once per day on average (except for time, temperature, and price information which must change when necessary for accuracy); (3) Characters and backgrounds depicted on a changeable copy sign shall not use florescent coloring; and (4) All changeable copy sign faces shall be limited to a maximum of 25 square feet in sign area, or the maximum size of the type of sign on which the face is placed, whichever is less. (E) Flags. No more than 3 flags may be displayed on any given parcel. Individual flags shall not exceed 50 square feet in size per surface. (F) Illumination. (1) Illumination of signs shall comply with Chapter 150 code requirements governing lighting, glare control, and exterior lighting standards. (2) Indirect illumination for signs shall be so constructed and maintained that the source of light (i.e. the bulb; not the fixture) is not visible from the public right-of-way or residential property. (3) Back-lit awnings are prohibited. (G) Ingress or egress. No sign or structure shall be erected or maintained if it prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. (H) Landscaping. Sign owners shall be required to maintain the appearance of the ground around all signs detached from buildings and to landscape where possible. (I) Master sign program. A master sign program shall be reviewed and approved for all multi-tenant commercial buildings and for all business park development to coordinate all signage for current and future tenants. The master sign program shall be reviewed as a permanent sign permit, but shall only authorize the general locations and sizes of signs to be erected within a development or on a multi-tenant building. Individual permanent sign permits shall still be needed for the placement of permanent signs in accordance with an approved master sign program. Master sign programs shall be subject to the following requirements: (1) A Master sign program shall include a to-scale site plan which identifies the overall sign types, sizes, and locations for all proposed signage on the site(s). The site plan shall not contain the names of any current or future tenants or occupants of the center or overall development; (2) The master sign program shall include a calculation of allowable sign square footage for the site(s) based on applicable zoning requirements and lot characteristics; (3) The master sign program shall include square footage calculations for individual signs proposed for the site(s), along with a total sign square footage area calculation; (4) All signs within a master sign program shall be visually consistent in location, design, and scale; and (5) The master sign program may be reviewed concurrently with, a separate permanent sign permit for the individual sign(s) identified in the master sign program. The separate permanent sign permit shall include all information required by § 151.116(A)(1), and may only be approved if the master sign program is approved. (J) Multi-tenant buildings. (1) Multi-tenant buildings are herein considered a single commercial establishment, and shall be limited to 1 freestanding sign amongst all 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 6/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx planned/allowed signage subject to the following requirements: (a) If the multi-tenant commercial building has a floor area of 40,000 square feet or less, the sign shall not exceed 40 square feet (per side) and shall not exceed 8 feet in height; (b) If a multiple tenant commercial building has a floor area greater than 40,000 square feet but less than 100,000 square feet, the sign shall not exceed 75 square feet (per side) and shall not exceed 9 feet in height; and (c) If a multiple tenant commercial building has a floor area of greater than 100,000 square feet, the sign shall not exceed 120 square feet (per side) and shall not exceed 15 feet in height. (2) Where a building, group of attached buildings on the same block, or center contains more than one business, the allowable sign area for any single business may be its portion of the gross square footage of the building or center applied as a percentage to the allowable sign area of the entire building or center, subject to size limitations for specific signs within an approved master sign program. (K) Neighborhood identification signs. Independent of the total allowable sign area for individual residences within a residential zoning district, 2 ground signs for a unified residential area with 6 or more lots may be allowed consistent with the following provisions: (1) New subdivisions: (a) Neighborhood identification sign(s) shall be approved as a component of a preliminary and final plat to be included as part of a new subdivision; (b) Each sign shall be single sided, not exceed a total of 24 square feet in sign area, and not exceed a total of 48 square feet inclusive of poles, bases, and other supports; (c) Signs are to be located on outlots of sufficient size and area to accommodate them or within a dedicated permanent sign easement. A homeowners or neighborhood association is required for the area identified by the signs which shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities, and other costs associated with the sign(s) and their property. The association rules or by-laws shall specify how the aforementioned sign responsibilities will be delegated and paid for. City staff shall review the proposed bylaws to ensure that they specify the aforementioned responsibilities; (d) Outlots or easements for signs are to be considered and planned for at the time of preliminary plat application and shall be included in the final plat. A developers agreement shall specify the designated use of the outlot or easements, its ownership, and the respective home owners association responsibilities regarding the proposed improvements; (e) Only indirect lighting of neighborhood identification may be approved. The electric costs and maintenance of such lighting shall be the responsibility of the homeowners association or neighborhood association of the area identified by the sign(s) and shall be clearly noted in the association’s rules or bylaws; (f) The area around the sign is to be landscaped and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review by the Planning Commission and City Council at the time of preliminary plat; (g) The design and construction of neighborhood area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Neighborhood area identification signs are to be aesthetically pleasing when designed and constructed. The signs shall be compatible with nearby or potential homes and other structures in the area. Detailed construction plans and a materials list shall be included with the preliminary plat application; and (h) The city reserves the right to require the removal, at the owner’s expense, of any sign when the requirements of this section and this subchapter are not completely followed and adhered to or if the sign is not properly maintained or falls into a state of disrepair. The city shall not have any obligation or liability to replace any sign or nearby landscaping when removed by the city. (2) Existing unified residential areas: A neighborhood identification sign may be allowed by conditional use permit for existing unified residential areas. If no outlots or easements were originally designated for signs, the plat may be amended to provide for such a proposal and shall meet the same criteria and requirements as set forth for new subdivisions. (L) Non-commercial speech signs. Notwithstanding any other provisions of this subchapter, all signs of any size containing non-commercial speech may be posted from August 1 in any general election year until 10 days following the general election and 13 weeks prior to any special election until 10 days following the special election. (M) Private on-premises directional signs. Signs located on, above or beside entrances or exits to buildings or driveways which direct pedestrians or vehicles (e.g. “employees entrance,” “exit only,’‘ “rest rooms,” and the like) shall not count towards the overall permitted signage on a site provided such signs are no more than 4 square feet in area. 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 7/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx (N) Prohibited signs. The following signs are prohibited in all zoning districts. (1) Signs obstructing vision. Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic- control device. This includes indoor signs that are visible from public streets. (2) Unofficial traffic signs or signals. Any sign which contains or imitates an official traffic sign or signal, except for private, on-premises directional signs which do not interfere with traffic flows on public roads. (3) Off-premises advertising signs. Off-premises advertising signs except as specifically allowed. (4) Signs with moving parts, moving lighting or animation. No sign shall display any moving parts, be illuminated with any flashing or intermittent lights, use changing light intensity, utilize spotlights giving off an intermittent or rotating beam existing as a collection or concentration of rays of light (including but not limited to revolving beacons, beamed lights, or similar devices), or be animated. The only exceptions to this provision include allowable changeable copy signs; barbershop poles; and static time, temperature, and price information changing only when necessary (which shall be allowed provided the message depicted is reasonably accurate). (5) Roof signs. (6) Banners, pennants, ribbons, streamers. No sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, spinners, or similar devices; except when used for non-commercial purposes, as a governmental sign, or as part of an approved master sign program or special event temporary sign permit. (7) Portable signs. Including but not limited to signs with wheels removed, attached temporarily or permanently to the ground, structure or other signs, mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, hot air or gas filled balloons or semitruck umbrellas used for advertising. This prohibition shall not include business vehicle identification signs when the vehicle is being used for the normal day- to-day operations of a permitted business. (8) Signs supported by a guy wire. (9) Billboards. (10) Electronic variable message signs. (11) Signs on natural surfaces. No sign shall be painted, attached or in any other manner affixed to trees, rocks, or similar naturally occurring surfaces within the City of Lake Elmo. This shall not prohibit the use of natural building materials (e.g. boulders) in the construction of a legally permitted sign. (12) Snipe signs. (O) Public lands and rights-of-way. No signs other than governmental signs shall be erected or temporarily placed within any street right-of- way or upon public lands or easements or rights-of-ways without Council approval. (P) Regulations for specific sign types. (1) Wall signs. (a) A wall sign shall be located on the outermost wall of any principal building but shall not project more than 16 inches from the wall to which the sign is to be affixed. (b) A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed. (c) Wall signs authorized by a master sign program shall not exceed 25 square feet per business, and all signs shall be visually consistent in location, design, and scale. (d) Wall signs may be placed on not more than three walls of rectangular shaped structures or not more than 75% of the major walls on non-rectangular shaped buildings. (2) Mural sign. (a) Mural signs shall not be limited in size, but any commercial or noncommercial language incorporated into the mural sign shall be limited in size by the restrictions established for the applicable zoning district. (b) In addition to the standard conditional use criteria in § 154.018, mural signs shall also be subject to the following: 1. The location for the proposed mural sign shall be viewable by the public and be accessible; 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 8/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 2. The scale and suitability of the mural sign shall be appropriate in the context of the surrounding properties; 3. The artist(s) commissioned to complete the mural must provide documentation of demonstrated craftsmanship on similar projects: 4. The applicant shall provide sureties to the city guaranteeing completion of the project within the proposed timeframe; 5. The applicant shall demonstrate that the necessary funds are available for the proposed project; and 6. The applicant must be able to show the final mural will last a minimum of 5 years and be reasonably resistant to vandalism and weather. (3) Projecting, awning, and canopy signs. (a) Projecting signs and awning signs shall be located on street level. (b) If lighted, projecting, awning, and canopy signs shall use indirect illumination. (c) Awning or canopy signs shall not project higher than the top of the awning or canopy or below the awning or canopy. (d) Clearance. The bottom of a projecting sign or awning shall be a minimum of 8 feet above the ground surface when projecting over a private or public walkway. (4) Freestanding signs. Freestanding signs shall not be erected or maintained any closer than 3 feet to any building. (Q) Separation angle. So as not to create a double exposure or increase sign size limitations, there shall be a maximum separation angle of 45 degrees for signs which are back to back. In all residential districts, double-faced signs shall be parallel. (R) Signs needing electricity. Signs needing electricity shall be subject to all applicable electrical codes as may be amended. Overhead wiring for such signs is prohibited. (S) Special sign districts. All general sign regulations shall apply to signs within each of the special sign districts except as specifically noted herein. (1) Old Village. (a) Boundary. The boundary of the Old Village Sign District is depicted on the city’s official sign district map. Modifications to the district boundary may be completed using the zoning map amendment process. (b) Illumination. Indirect illumination or reverse lit letters shall be the permitted techniques for lighting all signs within the Old Village Sign District. Other forms of direct illumination are prohibited. (c) Wall signs. 1. Wall signs in the Old Village Sign District shall not project higher than the parapet line of the wall to which the sign is to be affixed or 15 feet as measured from the base of the building wall to which the sign is affixed, whichever is lower. 2. Wall signs in the Old Village Sign District authorized by a master sign program shall not exceed 20 square feet per business, and all signs shall be visually consistent in location, design, and scale. (d) Freestanding signs. 1. The area of a freestanding sign in the Old Village Sign District shall not exceed 30 square feet. 2. Freestanding signs in the Old Village Sign District shall not project higher than 6 feet, as measured from the average grade at the base of the sign or grade of the nearest roadway, whichever is lower. (2) Agricultural Sales District. (a) Boundary. The Agricultural Sales District shall include all properties zoned agricultural or rural residential. (b) On-premises sign(s). Independent of the total allowable sign area for an individual property within the agricultural sales district, one or more additional on-premises signs may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions: 1. Agricultural sales businesses utilizing less than 10 acres of land specifically for the growing of agricultural crops for the business are allowed 1 on-premises sign not to exceed 32 gross square feet of advertising surface; 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 9/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 2. Agricultural sales businesses utilizing more than 10 acres of land but less than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 or 2 on-premises signs not to exceed 48 gross square feet of advertising surface (with no sign surface exceeding 32 square feet in size); 3. Agricultural sales businesses utilizing more than 40 acres of land specifically for the growing of agricultural crops for the business are allowed 1 , 2 or 3 on-premises signs not to exceed 64 gross square feet of advertising surface (with no sign surface exceeding 32 square feet in size); 4. Sign(s) shall be in the form of an allowable sign type in the underlying zoning district; 5. No dimension of any sign shall exceed 15 feet exclusive of supporting structures; and 6. Any illuminated sign shall be illuminated only during those hours when business is open to the public for conducting business. (c) Temporary off-premises sign(s). Independent of the total allowable sign area for an individual property anywhere within the city, a temporary off-premises sign may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions. 1. Maximum number. Every agricultural sales business shall have no more than 2 off-premises signs at any given time to direct the public to the location of the business. 2. Time frame of use. Temporary off-premises signs may be erected for 45-day time periods no more than 4 times in any given calendar year. The required temporary sign permit shall stipulate the range of dates for each of the 4 allowable time periods in any given calendar year. 3. Size and height. An off-site agricultural sales advertising sign shall not exceed 50 square feet in area and shall not be taller than 10 feet in height. 4. Setbacks. Off-premises signs shall be a minimum of 25 feet from all side property lines, and a minimum of 50 feet from other off- premises advertising signs. 5. Permission required. Applicants for off-premises signs shall acquire permission from the property owner upon whose land the sign is to be erected. (3) I-94 District. (a) Boundary. The I-94 district shall include parcels within the BP, GB, HB. CB, and LB zoning districts which meet one of the following criteria: 1. The property is a buildable lot located to the south of Hudson Boulevard and to the north of Interstate 94; or 2. The property’s southern boarder abuts Hudson Boulevard, and is not directly north, either wholly or partially, of a developable parcel lying between Hudson Boulevard and Interstate 94. (b) Permits. Signs in the I-94 District may be erected in conformance with sign regulations governing the underlying zoning district without additional approvals. Signs proposed to conform to the special standards established for the I-94 District shall only be authorized through approval of an interim use permit. (c) Illumination. All forms of illumination which conform to the general illumination standards for all signs shall be the permitted within the I-94 Sign District. (d) Maximum total square footage of all sign surfaces. The maximum total square footage of all sign surfaces in the I-94 district shall be dictated by the maximum sign sizes for allowable sign types. (e) Wall signs. The least restrictive of the following may be used to determine the allowable area for wall signs in the I-94 District: 1. The total area of all wall signs on any wall shall not exceed 10% of the area of the wall with a maximum allowable area of 80 square feet; or 2. The total area of all wall signs on any wall shall not exceed 5% of the area of the wall with a maximum allowable area of 300 square feet. (f) Freestanding signs. In lieu of a freestanding sign meeting underlying zoning requirements, a building site within the I-94 District may have one freestanding sign within 50 feet of the property line nearest the interstate provided the sign does not exceed 150 square feet per side (300 square feet total) or 30 feet in height. The base of such a sign shall be at least 75% of the width of the sign and be constructed of materials that match those used on the building for which the sign is installed. 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 10/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx (g) Window signs. Window signs in the I-94 district shall not cover more than 1/3 of the window area. (h) Awning, canopy, and projecting signs. One awning, canopy or projecting sign, in conformance with the underlying zoning requirements for height, location, and maximum size may also be erected for each business on a building site in the I-94 District. (T) Substitution clause. The owner of any sign which is otherwise allowed by this subchapter may substitute non-commercial speech signs in lieu of any other commercial speech sign or other non-commercial speech sign. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary. (U) Temporary signs. (1) Special events. Temporary signs may be allowed upon issuance of a permit for on-site advertising of special events such as openings and closings, change in management, sales events, or other special occasions. No more than 4 temporary sign permits may be issued in any calendar year for a given destination, and each temporary sign permit shall run for 15 days. Temporary signs for special events shall be subject to the following regulations: (a) Only 1 on-premises temporary sign shall be allowed per business or event; (b) Temporary signs shall be in the form, of an allowable sign type in the underlying zoning district; and (c) Temporary signs shall not exceed 32 square feet in area and shall not be taller than 10 feet in height. (2) Residential development advertising signs. Independent of the total allowable sign area for individual properties or residences within a residential zoning district, one or more additional ground signs may be erected within a newly established unified residential area development subject to the following: (a) Minimum development size. 1. Projects of less than 25 acres which create 10 or more dwelling units are allowed 1 on-premises ground sign not to exceed 100 square feet of advertising surface; 2. Projects of 26 through 50 acres which create 10 or more dwelling units are allowed 1 or 2 on-premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site; and 3. Projects over 50 acres which create ten or more dwelling units are allowed 1, 2, or 3 on-premises ground signs not to exceed 200 aggregate square feet of advertising surface on the project site. (b) Restrictions. 1. No dimension shall exceed 25 feet exclusive of supporting structures. 2. The sign shall not remain once 90% of the lots in the development have been issued building permits. 3. The permit for the sign must be renewed annually by the Council. 4. Only indirect illumination is permitted and shall only occur during those hours when an on-site sales office or model home is open for conducting business. (3) Temporary off-premises signs. Temporary off-premises signs may be erected if all of the following criteria are met: (a) The destination to which the off-premises sign is advertising is a property for sale; (b) An agent must be present at the destination property for sale, and the property must be open for viewing; (c) The sign must be located on private property, and permission must have been obtained from the private property owner to erect the temporary sign; (d) The temporary off-premises sign shall not exceed 6 square feet in size; and (e) The temporary off-premises sign shall not cause the total square feet of signage on a property to exceed the allowed maximum in the underlying zoning district. (V) Warning signs. Warning signs which do not exceed the minimum statutory requirements for size and number may be posted, and shall not count towards the overall permitted signage on a given property. Increases in either size or number over minimum statutory requirements shall count 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 11/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx against the overall permitted signage on a given property unless authorized by conditional use permit which finds sufficient evidence that larger or more frequent signage is necessary to provide the intended warning. (Ord. 08-015, passed 7-21-2009) § 151.118 SPECIFIC REGULATIONS BY ZONING DISTRICT. (A) Sign setbacks. Signs shall conform to the set back regulations listed in Table 1 for the zoning district in which the signs are located except as may be specifically exempted or restricted in §§ 151.117 and 151.118. Table 1: SETBACKS BY ZONING DISTRICT [1] Base Zoning Districts A RR R1 R2 R3 R4 RE OP GB HB CB LB BP [2] PF Front lot line 5 5 5 5 5 5 5 5 1 1 1 1 1 5 Side lot line 5 5 5 5 5 5 5 5 5 5 5 5 5 5 Rear lot line 5 5 5 5 5 5 5 5 10 10 10 10 10 5 Vehicular access 5 5 5 5 5 5 5 5 15 15 15 15 15 5 [1]: Awning/canopy signs, mural signs, projecting signs, wall signs, or window signs proposed to be located on a building legally non-conforming to setback requirements shall be permitted without a variance provided all other zoning code provisions are met. [2]: Signs within business parks shall also adhere to the requirements of a master sign program approved by the City Council in conjunction with the business park establishment. (B) Allowable sign area. The maximum allowable sign area for an individual sign and for total site signage is listed in Table 2 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in §§ 151.117 and 151.118. Table 2: ALLOWABLE SIGN AREA BY ZONING DISTRICT Maximum sign area in square feet (per surface) by sign type [1] District(s) Awning/ Canopy Sign Ground Sign [2] Monument Sign[2] Mural Sign Pole Sign[2] Projecting Sign Wall Sign Window Sign Maximum total square footage of all sign surfaces A, RR, R1, R2, RE, OP[3] 6 C 6 6 6 12 square feet R3 & R4 [3] 12 C 12 12 12 24 square feet Table 2: ALLOWABLE SIGN AREA BY ZONING DISTRICT Maximum sign area in square feet (per surface) by sign type [1] District(s) Awning/ Canopy Sign Ground Sign [2] Monument Sign[2] Mural Sign Pole Sign[2] Projecting Sign Wall Sign Window Sign Maximum total square footage of all sign surfaces 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 12/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx GB, HB, CB, LB, BP, & PF [4]30 45 C 30 6 [5] No max 1.0 square foot per lineal foot of building parallel or substantially parallel to public road frontage (excluding alleys). [6] [1]: Sign types with empty cells are prohibited in the applicable zoning district(s). Sign types with a maximum sign area of “C” shall require a conditional use permit. [2]: Ground, monument, or pole signs, where permitted, shall be limited to 1 per commercial establishment. [3]: All sign types in residential districts shall have no more than 2 surfaces. [4]: The gross surface of an awning or canopy sign shall not exceed 30% of the gross surface area of the smallest face of the awning or canopy of which the sign is to be affixed. [5]: On any wall parallel or substantially parallel to a public roadway, the gross surface area of a wall sign shall not exceed 0.75 square feet for each lineal foot of building facing the applicable roadway. For walls not facing a public roadway, the maximum wall sign size shall be 12 square feet. [6]: Open sales lots or other approved uses on lots without a building shall be limited to 30 square feet of total sign surfaces. (C) Freestanding sign height. The maximum allowable sign height for a freestanding sign is listed in Table 3 by zoning district. These maximums shall apply except as may be specifically exempted or restricted in §§ 151.117 and 151.118. Table 3: ALLOWABLE FREESTANDING SIGN HEIGHT IN FEET BY ZONING DISTRICT Base Zoning Districts Residential Districts Business Districts A RR R1 R2 R3 R4 RE OP GB HB CB LB BP PF Allowable height in feet 5 5 5 5 8 8 5 5 20 20 20 20 20 20 (Ord. 08-015, passed 7-21-2009) § 151.119 SIGN VARIANCES. (A) Variances from sign provisions shall be administered in accordance with § 154.017, and shall be subject to the following additional requirements: (1) The sign(s) shall be compatible with the character of the adjacent buildings and with the character of the adjacent neighborhood; (2) The sign(s) shall have good scale and proportion in the visual relationship to buildings and adjacent areas; (3) The material, size, color, lettering, location, and arrangement of the sign(s) is an integral part of the site and building design; and/or (B) The colors, materials, and lighting of the sign(s) are restrained and harmonious, as interpreted by the City Planner. (Ord. 08-015, passed, 7-21-2009) Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. 10/ 26/ 12 w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx 13/ 13w w w . aml egal . com/ al pscri pt s/ get -cont ent . aspx © 2011 American Legal Publishing Corporation techsupport@amlegal.com 1.800.445.5588. City Zone Freestanding Sign Requirements Freeway Sign Dimensions Location Height Albert Lea B-2, I-1, I-2, I-3 250 sf per side, max 2 sides. Sign must be at least 100 ft from other freestanding signs including billboards. 50 ft. Bloomington Class 5 Sign District, Commercial and C/R along I-35W, I-494 and TH-77 1 identification sign allowed per frontage. Max surface area for ground, pylon or monument is 250 sf. All other frontages 150 sf. If the sign lights up, it must be 100 ft away from the surrounding residential buildings. Final Pylon shall not have any part of the sign above 45 ft. the final grade. Signs on the same property have to match their final sign elevations. Eden Prairie Commercial NTE 80 sq. Additional frontages may have sin NTE 36 sf. Sign can be no closer than 300 ft to any other free- standing sign upon the building site, and 20 ft. from ROW. Max 20 ft. Maplewood Business Commercial along Principal Arterial 1 freestanding sign permitted per frontage, if 2 frontages, signs must be 100 ft. from each other Max size 180 sf. Max 25 ft. New Brighton Commercial and B-3 1 ground sign is permitted per street frontage. Max size of freeway ground sign is 170 sf. Must be 13.5 ft. from ROW. Max 35 ft. Oakdale Commercial 1 pylon sign allowed if retail is abutting freeway. Pylon NTE 150 sf. Pylon is in addition to the freestanding sign (NTE 80 sf) Pylon must be at least 50 ft from interstate ROW. Max height 30 ft. Richfield C-2, MU-C I, MU-R Total of all freestanding signs = 4 sf per ft of lot frontage. 200 sf per surface 250 sf per surface. Max 27 ft. Max 27 ft. Roseville CB, RB, O/BP, CMU 2 on multiple frontage lot 100 sf max on a single loaded sign, 200 ft max on double loaded sign. 15 ft. min from property line Max 25 ft. Sauk Centre General Commerce, Industrial/Commercial 1 freestanding sign, two sides per frontage. Plus one area identification sign per frontage NTE 64 sf. NTE 250 sf on each side Cannot be placed within 10 ft of ROW Up to 45 ft. Stillwater BP District (HWY 36) 1 freestanding sign per development site. NTE 100 sf. For each exposed face nor exceed an aggregate surface area of 200 sf. 15 ft. from ROW Max 25 ft. Woodbury Nonresidential 1 freestanding sign per frontage, 1st frontage 80 sf sign, 2nd frontage 40 sf sign Adjacent to freeway, sign on freeway not to exceed 150 sf, and 2nd frontage NTE 80 sf. Other freestanding signs NTE 40 sf. Freeway signs not to be more than 100 ft away from freeway. Freeway signs can be up to 30 ft high. Other freestanding up to 20 ft high. PLANNING COMMISSION DATE: 4/13/15 AGENDA ITEM: 5A – BUSINESS ITEM CASE # 2015-13 ITEM: Hunter’s Crossing 2nd Addition Final Plat SUBMITTED BY: Kyle Klatt, Planning Director REVIEWED BY: Nick Johnson, City Planner Jack Griffin, City Engineer SUMMARY AND ACTION REQUESTED: The Planning Commission is being asked to consider a Final Plat request from The Ryland Group for the second (and final) phase of a planned 51 unit residential development to be called Hunter’s Crossing. The proposed subdivision is located within the original 23.10 acre parcel immediately east of Lake Elmo Avenue and approximately ¼ mile north of Interstate 94. The final plat includes 29 single-family lots located within the southern portion of the overall subdivision area. Staff is recommending approval of the request subject to compliance with the conditions listed in this report. GENERAL INFORMATION Applicant: The Ryland Group (Tracey Rust), 7599 Anagram Drive, Eden Prairie, MN Property Owners: The Ryland Group (Tracey Rust), 7599 Anagram Drive, Eden Prairie, MN Location: Part of Section 36 in Lake Elmo, north of I-94, east of Lake Elmo Avenue, and south of the Cimarron Golf Course property. North of 275 Lake Elmo Avenue North. PID Number 36.029.21.32.0033 Request: Application for final plat approval of a 29 unit residential subdivision to be named Hunter’s Crossing 2nd Addition. Existing Land Use and Zoning: Larger platted outlot within the Hunters Crossing preliminary plat are – undeveloped land. Current Zoning: LDR – Low Density Residential Surrounding Land Use and Zoning: North – Hunters Crossing (first phase), vacant land, and Cimarron Manufactured Home Park; East – Trans-City industrial building; West – The Forest residential subdivision; South – currently vacant/agricultural but future site of proposed Air Lake Development business park; also two existing home sites located adjacent to development along Lake Elmo Avenue Comprehensive Plan: Urban Low Density Residential (2.5 – 3.99 units per acre) History: Sketch Plan reviewed by Planning Commission on 9/23/13. The site has historically been used for a golf driving range and practice facility. The City approved a BUSINESS ITEM 5C 2 Conditional Use Permit for the driving range in 1990, and this permit, which is no longer valid, has been amended at least twice since this date. At some point in the past, the home in the extreme northwestern portion of the site (and outside the area to be platted) was split off from the larger parcel. The preliminary plat was approved by the City Council on July 1, 2014, and the final plat for the first phase of Hunters Crossing was approved on September 16, 2014. Deadline for Action: Application Complete – 3/9/15 60 Day Deadline – 5/9/15 Extension Letter Mailed – No 120 Day Deadline – 7/9/15 Applicable Regulations: Chapter 153 – Subdivision Regulations Article 10 – Urban Residential Districts (LDR) §150.270 Storm Water, Erosion, and Sediment Control REQUEST DETAILS The City of Lake Elmo has received a request from The Ryland Group for final plat approval of the second phase of the Hunter’s Crossing residential subdivision. The area to be platted represents a little over half of the lots that were approved with the preliminary plat, and will include 29 single- family lots. All outlots for storm water management facilities, trails, and other common features were previously approved as part of the initial final plat. The City approved the Hunter’s Crossing Preliminary Plat on July 1, 2014, and the final plat represents the southern portion of the overall area to be subdivided. The applicant has provided a detailed project narrative (attached) that provides summary of the request with information updated from the preliminary plat review where appropriate. Hunters Crossing 2nd Addition will be located south of the first subdivision phase, which is situated immediately adjacent to the planned 5th Street minor collector route. The second addition will complete the planned looped road through the development and tie back into the portion of Laverne Avenue North that eventually connects to 5th Street. There have been no changes to the arrangement or location of lots as depicted on the preliminary plat. When the applicant submitted the final plat for the first addition of Hunters Crossing, the associated construction plans did not include any portion of 5th Street that is planned along the northern boundary of the platted area. The developer asked to use an existing private access into the development for the first phase with the understanding that his temporary access road would be eliminated when the second phase was constructed. The second addition plans include the construction of 5th Street, which as proposed, would be split into two project phases so that the applicant could built the southern portion of the road at the same time as the Hunters Crossing 2nd Addition improvements. Lennar, which is planning to build townhouses on the property north of Hunters Crossing, cannot develop its land without the 5th Street improvements in place or under construction. The 5th Street project is unique because the right-of-way for 5th Street straddles the boundary between the Ryland property to the south and the land that Lennar will be developing for townhouses to the north. Both parties have stated that they would prefer to build 5th Street as one project and share the costs for this construction rather than building half of the road with each development. In order to keep the Hunters Crossing project moving forward, Staff has previously agreed to allow the split BUSINESS ITEM 5A 3 construction of 5th Street, but is strongly recommending that both parties reach agreement to build the entire road in one phase. In either case, the applicant will be providing public access to Hunters Crossing via 5th Street with this plat and will need to eliminate the private access road along Lake Elmo Avenue once 5th Street is open for traffic. Please note that the City’s preliminary plat approval authorized the use of this temporary access to serve up to 25 lots. Because the 2nd Addition will include the construction of 5th Street, this condition will be met with the City’s acceptance of all final plat improvements. Washington County does expect the temporary access to be eliminated once 5th Street is in place. Consistent with the approved preliminary plat, the final plat does not include either of the two exception parcels along Lake Elmo Avenue, both of which will be provided with potential future connections to the streets internal to Hunters Crossing. As depicted in the attached plans, the southwest exception parcel will have access to Langley Avenue North via Outlot A; access to the other exception parcel was platted as part of the first addition. In both cases, these parcels will still be allowed to access Lake Elmo Avenue until they are redeveloped at some point in the future (both are guided for Medium Density Residential development). The applicant has provided an updated landscape plan for both the first and second additions that addresses previous review comments from the City’s landscape architecture consultant. Staff is waiting for final approval of these plans from the consultant, which are expected to meet the developer’s requirements for landscaping within the overall project area. In terms of public park land dedication, the preliminary plat was approved without the dedication of land and the City and developer agreed to a cash payment in lieu of any land dedication (minus a credit for the construction of a public trail within the project area). The developer’s agreement for the first addition allowed the developer to divide the cash payments to the City between the two project phases. The grading plans for the first addition included the mass grading work for the portion of the site that is being platted as the second addition; therefore, the submitted construction plans do not duplicate and work that was previously approved by the City. The applicant has submitted detailed construction plans related to sanitary sewer, water main, storm sewer, landscaping, and other details that have been reviewed by City Staff. The City’s subdivision ordinance establishes the procedure for obtaining final subdivision approval, in which case a final plat may only be reviewed after the City takes action on a preliminary plat. As long as the final plat is consistent with the preliminary approval, it must be approved by the City. Please note that the City’s approval of the Hunters Crossing Preliminary Plat did include a series of conditions that must be met by the applicant, which are addressed in the “Review and Analysis” section below. There are no public hearing requirements for a final plat. The City’s zoning map for all of the area included in the preliminary plat for Hunters Crossing 2nd Addition has previously been updated to be consistent with the City’s Comprehensive Plan. All of the site is zone LDR – Urban Low Density Residential, and the proposed lots, setbacks, streets, and other plan elements have been found to be consistent with the LDR district requirements. Staff has reviewed the final plat and found that it is consistent with the preliminary plat that was approved by the City. Please note that the final plat now includes proposed street names as recommended by the Planning Department. The City Engineer has reviewed the construction plans plat, and these comments are attached to this report. Although there are some additional revisions to these plans that will need to be addressed by the applicant, all of these revisions can be made before the City releases the final plat for recording. BUSINESS ITEM 5A 4 REVIEW AND ANALYSIS The preliminary plat for Hunters Crossing was approved with several conditions, which are indicated below along with Staff’s comments on the status of each. The applicant has also provided overall narrative for the project with additional details concerning the work that will be performed within the 2nd Addition. Staff is recommending approval of the final plat with conditions intended to address the outstanding issues that will require additional review and/or documentation. In order to assist the Planning Commission with its review, Staff is also including a summary the critical issues that need to be resolved for the subdivision to move forward. Critical Issues Summary: 1) The developer has submitted construction plans for 5th Street that splits the project into two distinct phases (north and south). This would allow the project to move forward in case the two developers with parcels adjacent to 5th Street, Ryland and Lennar, cannot reach agreement to build the entire road as one project. Both parties have indicated that they intend to work together on this project, and Staff will continue to help facilitate a joint project as needed. 2) Washington County has previously submitted comments concerning the improvements necessary within the Lake Elmo Avenue right-of-way at 5th Street. These improvements will need to be incorporated into the final construction plans for 5th Street and the developer has consented to make any improvements as required by the County. 3) All other recommended conditions of approval relate to final details that must be addressed by the applicant and can be handled prior to release of the final plat for recording. Preliminary Plat Conditions – With Staff Update Comments (updated information in bold italics): 1) Within six months of preliminary plat approval, the applicant shall complete the following: a) the applicant shall provide adequate title evidence satisfactory to the City Attorney; and b) the applicant shall pay all fees associated with the preliminary plat. The above conditions shall be met prior to the City accepting an application for final plat and prior to the commencement of any grading activity on the site. Comments: a) title work has previously been submitted and reviewed by the City Attorney; b) the applicant has submitted an escrow payment related to the preliminary plat application that is being used to cover Staff and consultant expenses related to the City’s review. 2) The landscape plan and tree preservation plan shall be reviewed and approved by an independent forester or landscape architect in advance of the approval of a final plat and final construction plans. Comment: the applicant has submitted an updated landscape plan for both the first and second phases of Hunters Crossing that addresses previous comments from the City. The updated plans are being reviewed by the City’s landscape consultant and will need to be finalized before landscape work commences on the site. 3) The final landscape plan shall incorporate additional planting where feasible adjacent to the shared property lines with the parcels at 404 and 275 Lake Elmo Avenue North. Comments: The final landscape plan includes additional plantings along the southwestern property boundary. The number of plantings along the northwestern property boundary is similar to the BUSINESS ITEM 5A 5 preliminary plat; however, the location of the future access in this location (Outlot B) limits the developer’s ability to add substantially more plantings along this boundary. 4) The applicant shall be responsible for updating the final construction plans to include the construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated June 17, 2014. The required improvements shall include, but not be limited to the construction of a northbound right turn lane and southbound center tum lane. Comments: The 5th Street Plans will need to be update to address all review comments from Washington County. The developer will need to secure a permit from the County to make the proposed connection to Lake Elmo Avenue from 5th Street. 5) The developer shall follow all of the rules and regulations spelled out in the Wetland Conservation Act, and shall acquire the needed permits from the Valley Branch Watershed District prior to the commencement of any grading or development activity on the site. Comments: The applicant has received a permit from the Valley Branch Watershed District (attached) for the grading work proposed in the final plans. Grading work has commenced under this permit. 6) The applicant shall enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat. Comments: The applicant has indicated that there will be a homeowner’s association created for this development; the declarations and HOA documents were recorded with the first addition final plat. A maintenance agreement and evidence that the HOA has been established should be retained as a condition of approval for the final plat. 7) The developer shall be required to pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance less the amount of land that is accepted for park purposes by the City. Any cash payment in lieu of land dedication shall be paid by the applicant prior to the release of the final plat for recording. Comments: The applicant will be required to pay the required fee in lieu of land dedication to recording the final plat. Because the project is being split into at least two final plats, the park fees will be pro-rated based on the percentage of lots being platted within the overall development. 8) Any land under which paved public trails are located will be accepted as park land provided the developer constructs said paved trails as part of the public improvements for the subdivision. Comments: Staff is recommending that this condition be merged with the above condition for the final plat. 9) The temporary access to Lake Elmo A venue must be eliminated when access to 5th Street is provided. The City will not issue building permits for more than 25 lots within Hunter's Crossing until such time that the temporary access is closed. Comments: With this condition in place, the developer will be able to build out all homes in the first addition and three additional homes in the second addition (or some other combination to reach 25 homes) before 5th Street is completed and accepted by the City. BUSINESS ITEM 5A 6 10) The applicant must enter into a separate grading agreement with the City prior to the commencement of any grading activity in advance of final plat and plan approval. The City Engineer shall review any grading plan that is submitted in advance of a final plat, and said plan shall document extent of any proposed grading on the site. Comments: Grading work on the site has been completed under the plans approved with the first addition. 11) All required modifications to the plans as requested by the City Engineer in a review letter dated May 23, 2014 shall be incorporated into the plans prior to consideration of a final plat. Comments: Revised plans have been submitted for review, and the attached comments from the City Engineer provide a response to the updated plans. All final revisions and modifications as requested by the City Engineer must be addressed by the applicant before the plat will be released for recording. The majority of the Engineer’s comments will require minor modifications to the plans and specifications and are not unusual at this detailed level of review. Please note that the City Engineer’s review included both the final plat and the related construction plans for 5th Street. The City Engineer did not have any final plat review comments. 12) The applicant is encouraged to preserve or re-use as many trees as possible that are currently located on the property and to incorporate these trees as part of the landscape plan for the subdivision. Comments: Given the tight confines of the project area and the need to meet City and watershed district storm water requirements, there are relatively few opportunities to incorporate existing trees into the development. The applicant has stated that they will preserve or re-use trees if possible. 13) The applicant shall provide written consent from the adjacent property owner to the north agreeing to the grading and storm sewer work depicted on this property. Comments: The applicant has stated that they will work with this property owner if any grading is necessary to construct the 5th Street improvements. Because Lennar Homes will be submitted a preliminary plat on this parcel later this spring, the required grading work and/or easements to facility grading on this site will be provided as part of a Lennar subdivision. 14) Water improvements must be available to serve the subdivision. Comments: Water service has been extended to the site as part of a public improvement project. Ryland has previously agreed to pay the Water Availability Charge for the entire development prior to recording the first phase final plat. 15) The applicant shall pay a Water Availability Charge consistent with the Lake Elmo Fee Schedule for the entire development prior to the release of the final plat for recording, regardless of project phasing. Comments: Please see note above. Staff is recommending that the conditions noted above that pertain to the final plat and that have not yet been addressed by the applicant should be adopted with the final plat. The City Engineer’s review letters identify several issues that need to be addressed by the developer in order for the City to deem the final plans complete; however, all of these concerns are related to the construction plans and will not have any bearing on the final plat. Staff is recommending that City Officials not sign the final plat mylars until the City’s construction plan review is finalized and all necessary easements are documented on the final plat. BUSINESS ITEM 5A 7 Based on the above Staff report and analysis, Staff is recommending approval of the final plat with several conditions intended to address the outstanding issues noted above and to further clarify the City’s expectations in order for the developer to proceed with the recording of the final plat. The recommended conditions are as follows: Recommended Conditions of Approval: 1) Final grading, drainage, and erosion control plans, utility plans, sanitary and storm water management plans, and street and utility construction plans shall be reviewed and approved by the City Engineer prior to the recording of the Final Plat. All changes and modifications to the Hunters Crossing 2nd Addition and 5th Street Construction plans requested by the City Engineer in review letters dated 4/2/15 and 4/3/15 shall be incorporated into these documents before they are approved. 2) Prior to the execution of the Final Plat by City officials, the Developer shall enter into a Developer’s Agreement acceptable to the City Attorney and approved by the City Council that delineates who is responsible for the design, construction, and payment of the required improvements with financial guarantees therefore. 3) All easements as requested by the City Engineer and Public Works Department shall be documented on the Final Plat prior to the execution of the final plat by City Officials. 4) A Common Interest Agreement concerning management of the common areas of Hunter’s Crossing and establishing a homeowner’s association shall be submitted in final form to the Community Development Director before a building permit may be issued for any structure within this subdivision. The applicant shall also enter into a maintenance agreement with the City that clarifies the individuals or entities responsible for any landscaping installed in areas outside of land dedicated as public park and open space on the final plat 5) The final landscape plan shall be subject to review and approval by the Community Development Director. 6) The final construction plans for 5th street shall include the construction of all improvements within the Lake Elmo Avenue (CSAH 17) right-of-way as required by Washington County and further described in the review letter received from the County dated September 2, 2014. 7) The developer is encouraged to incorporate elements from the Lake Elmo Theming Study into the final design of the community mailboxes within Hunter’s Crossing. 8) The developer shall pay a fee in lieu of park land dedication equivalent to the fair market value for the amount of land that is required to be dedicated for such purposes in the City's Subdivision Ordinance less the amount of land that is accepted for park purposes (or trails) by the City. Any cash payment in lieu of land dedication shall be pro-rated based on the percentage of the overall lots to be platted within the subdivision and shall be paid by the applicant prior to the release of the final plat for recording. 9) The applicant shall deed Outlot A, to the City upon recording of the final plat. BUSINESS ITEM 5A 8 DRAFT FINDINGS Staff is recommending that the Planning Commission consider the following findings with regards to the proposed Hunter’s Crossing Final Plat: • That the Hunter’s Crossing preliminary plat is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. • That the Hunter’s Crossing preliminary plat complies with the City’s Urban Low Density Residential zoning districts. • That the Hunter’s Crossing preliminary plat complies with all other applicable zoning requirements, including the City’s landscaping, storm water, sediment and erosion control and other ordinances. • That the Hunter’s Crossing preliminary plat complies with the City’s subdivision ordinance. • That the Hunter’s Crossing preliminary plat is consistent with the City’s engineering standards provided the plans are updated to address the City Engineer’s comments documented in a letter dated May 23, 2014. RECCOMENDATION: Staff recommends that the Planning Commission recommend approval of the Final Plat for Hunters Crossing 2nd Addition with the 9 conditions of approval as listed in the Staff report. Suggested motion: “Move to recommend approval of the Hunters Crossing 2nd Addition Final Plat with the 9 conditions of approval as drafted by Staff” ATTACHMENTS: 1. Application Form 2. Application Narrative 3. City Engineer Review Letters – 4/2/15 and 4/3/15 4. Hunter’s Crossing Final Plat 5. Construction Plans: Utility and Street Construction 6. Final Landscape Plans 7. 5th Street Construction Plans (Partial – Full Plans Available Online) ORDER OF BUSINESS: - Introduction ........................................................................................ Planning Staff - Report by Staff ................................................................................... Planning Staff BUSINESS ITEM 5A 9 - Questions from the Commission ............................ Chair & Commission Members - Public Comments ............................................................................................. Chair - Discussion by the Commission .............................. Chair & Commission Members - Action by the Commission ..................................... Chair & Commission Members BUSINESS ITEM 5A   PAGE 1 of 2  MEMORANDUM         Date: April 2, 2015      To: Kyle Klatt, Planning Director Re: Hunters Crossing 2nd Addition  Cc: Jack Griffin, P.E., City Engineer  Construction Plan Review          From: Ryan Stempski, P.E., Assistant City Engineer         An engineering review has been completed for the Hunters Crossing 2nd Addition.  The submittal and review  consisted of the following documentation prepared by Pioneer Engineering:     Hunters Crossing 2nd Addition Final Plat, not dated.   Construction Plans dated December 23, 2014 with a print date of March 5, 2015.   Storm Sewer Chart dated July 25, 2014.    NOTE: A plan review for the 5th Street Construction Plans will be provided with a separate review memorandum.      STATUS/FINDINGS:  Comments have been provided to direct plan corrections necessary for final construction plan  approval. When submitting revised plans, please provide a point by point response letter that details the changes  made to the plans.      GENERAL PLAN REQUIREMENTS AND FINAL PLAT:    No final plat changes have been identified from an infrastructure    The City has updated City Standard Plan Notes, Details and Specifications for use in 2015 construction. These  documents will be provided by the City to be incorporated in the Final Construction Plans.   The Plans must be revised to provide consistent use of line types, bold type and shade lines for a consistent  depiction of existing improvements, record drawing information and proposed improvements.   Revise 3rd Street N street name on all sheets to match the Final Plat of Hunters Crossing 2nd Addition.    SANITARY SEWER PLAN:    Sheet 2 – Add a note to EX‐MH‐2‐1 to relocate the off road structure marker to a minimum 2 feet off the  bituminous trail.   Sheet 4 – Use as‐built data at EX‐MH‐3 to label slope and invert to proposed MH‐31 and MH‐32.    Sheet 4 – Use as‐built data at EX‐MH‐2 to label slope and invert to proposed MH‐41.   Sheet 4 – Correct stationing of proposed service crossing and add risers for all services deeper than 15 feet  from EX‐MH‐2 to MH‐41.     WATERMAIN PLAN:    Sheet 4 – 3rd Street N watermain must be relocated the north side of the street per City Design Standards.   Sheet 4 – Revise 6‐inch gate valve to 8‐inch gate valve and remove reducer for the Outlot A watermain stub.    FOCUS ENGINEERING, inc.  Cara Geheren, P.E.  651.300.4261 Jack Griffin, P.E.               651.300.4264  Ryan Stempski, P.E. 651.300.4267  Chad Isakson, P.E. 651.300.4283    PAGE 2 of 2  STORM SEWER PLAN:    Update Storm Sewer Chart to be consistent with the Plan.   Standard Detail No. 404 must be included in the Plan.   Sheet 5 – Extend draintile out of CBMH 221 and CB 222 to a minimum distance of 100 feet for each run.   Sheet 6 – Include draintile with clean outs from CB‐205 and CB‐206 to the west 100’ with clean outs.   Sheet 6 – Terminate the draintile at 50 feet that runs east out of CB‐203A and CB‐203B. (This is the location  of the high point in the street profile.)   Sheet 6 – Extend draintile out of CBMH 202 to a minimum 100 feet in each direction.   Sheet 7 – Add label and invert elevation for FES‐250 in profile.    STREET AND TRAIL PLAN:    Street widths (back of curb to back of curb), cul‐de‐sac radii and radii at all intersections must be clearly  labeled on the Plan.   Update street and trail plan sheets with all draintile comments provided for the STORM SEWER PLAN.   Sheet 10 – Add a note to EX‐MH‐2‐1 (STA 2+30) to relocate the off road structure marker to a minimum 2  feet off the bituminous trail.    LANDSCAPING, LIGHTING, SIGNING & STRIPING PLAN:     The Landscape Plan comments provided by the City’s Landscape Architect must be addressed prior to final  approval of the Plan Set for construction.   Include the proposed private utility conduit crossing locations on the Plan.   “No Parking” signs must be revised to MMUTCD Type R8‐3A.          PAGE 1 of 2  MEMORANDUM         Date: April 3, 2015      To: Kyle Klatt, Planning Director Re: 5th Street  North Utility & Street  Cc: Jack Griffin, P.E., City Engineer  Construction Plan Review       (Hunters Crossing 2nd Addition)  From: Ryan Stempski, P.E., Assistant City Engineer         An engineering review has been completed for the 5th Street North Utility and Street Construction Plans.  The  submittal and review consisted of Construction Plans dated February 27, 2015 (Printed March 6, 2015) prepared by  Pioneer Engineering.      STATUS/FINDINGS:  Comments have been provided to direct plan corrections necessary for final construction plan  approval. When submitting revised plans, please provide a point by point response letter that details the changes  made to the plans.      GENERAL PLAN REQUIREMENTS:    The City has updated City Standard Plan Notes, Details and Specifications, dated March 2015, for use in 2015  construction. Please incorporate the updated standards in the Final Construction Plans.   Plan Notes are to be located on the applicable plan sheets and removed from the detail sheets.    SANITARY SEWER & WATERMAIN PLAN:    Sheet 8 – Revise the sanitary sewer stub to PVC C900 material.   Sheet 8 – Add plan note to tie all watermain stubs for a minimum two pipe segments.   Sheet 8 – Add dimension for a minimum 7.5 feet of cover over the proposed watermain in the profile.    STORM SEWER PLAN:    Sheet 5 – Revise the Phase 1 Removal Plan to indicate the removal of the existing stand pipe and culverts at  the 5th Street and Lake Elmo Avenue intersection.    Sheet 10 – Draintile extensions must be a minimum of 100 feet. Revise draintile length from CB‐356 to a  minimum of 100 feet.   Sheet 10 – Additional draintile extensions are needed along 5th Street to facilitate subbase drainage. Add a  minimum 100 feet of draintile to the west from CBMH 301, CB‐311, CBMH 341 and CB‐345.   Sheet 10 – Proposed culvert pipe from FES‐401 to FES‐402 must be increased to a minimum 15 inches in  diameter.   Sheet 11 – Add draintile inverts to CBMH 301, CB‐311, CBMH 341 and CB‐345 in the profile.   City Standard Detail No. 404 must be included for catch basin structures.    STREET CONSTRUCTION PLANS:   Sheet 3 and 6 – Typical Sections and Details must be updated per the 5th Street Design Details dated March  2015. The typical sections must show the sidewalk and trail clear zones, the 10‐foot drainage and utility  FOCUS ENGINEERING, inc.  Cara Geheren, P.E.  651.300.4261 Jack Griffin, P.E.               651.300.4264  Ryan Stempski, P.E. 651.300.4267  Chad Isakson, P.E. 651.300.4283    PAGE 2 of 2  easements on either side of the R/W, and the depressed center median with draintile. The new 5th street  pavement section detail should be used with all other information corrected to comply with the City typical  sections and details.    Sheet 5 – Add plan note to the Phase 1 Layout Plan requiring the concrete median nose to be constructed  per MnDOT Standard Plate 7113A.   Sheet 7 – Phasing Plan 2: The 5th Street phasing plan must be constructed in a manner that requires full lane  paving to be installed using a full width paving machine. No pavement joints will be allowed in the wheel  paths. Revise Phase 2 Removal Plan and Phase 2 Layout Plan to redefine the bituminous removal and paving  limits to meet these requirements.   Sheet 7 – Phase 2 Layout Plan: Revise layout plan to clarify and detail median construction phasing east of  Laverne.   Sheet 7 – Phase 2 Layout Plan: Add plan notes to include 6‐inch perforated draintile in all planted median  locations per the City standard details.   Sheet 12 and 13 – Add street lane widths and intersection radii dimensions to the plan view.   Sheet 12 and 13 – Revise vertical curve at STA 1+20 to meet minimum K value of 64.   Sheet 12 and 13 – Plan must be updated to include a temporary turn‐around at the east end of 5th Street  and temporary drainage provisions must be detailed on the plans at the east termination point.   Sheets 15‐18 – Revise cross sections to require 4:1 slopes within R/W.    LIGHTING, SIGNING & STRIPING PLAN:     Sheet 14 – Add plan note identifying the street lights as ‘Evans style lamp’ on 30 foot pole per City standards.  Spacing must conform to 5th Street Design Details dated March 2015.   Sheet 14 – Add crosswalk at the intersection of 5th Street and CSAH 17 (Lake Elmo Avenue).    LANDSCAPING PLANS:     Sheet L1 and L2 – Landscape plans must be revised to meet 5th Street Design Details dated March 2015.  Landscape review comments will be provided under separate memorandum from the City’s Landscape  Architect.