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HomeMy WebLinkAbout05/26/2005 P&Z minutes 15-05 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-15-05 Hearing Date: May 26, 2005 PROPERTY ADDRESS: 1002 S. Busse Road PETITIONER: Angela Smith, Site Enhancement Services (Agent for CVS/Pharmacy) PROPERTY OWNER: CVS Pharmacy and DiMucci Companies PUBLICATION DATE: May 11,2005 PIN#: 08-15-203-010-0000 REQUEST: Variation for a 3rd freestanding sign and Special Use approval of an electronic message board sign MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Richard Rogers Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Ellen Divita, Deputy Director, Community Development INTERESTED PARTIES: Angela Smith, Site Enhancement Services (Agent for CVS/Pharmacy) Chairperson Arlene Juracek called the meeting to order at 7:32 p.m. Keith Younquist moved to approve the minutes of the March 10,2005 Workshop Meeting and Ronald Roberts seconded the motion. The motion was approved 5-0 with an abstention by Leo Floros. Richard Rogers moved to approve the minutes of the April 28, 2005 meeting. Keith Youngquist seconded the motion, which was approved 6-0. Chairman Juracek introduced Case No. PZ-15-05, 1002 S. Busse Road. She said that CVS Pharmacy is asking for a special use for an electronic message board and that the case is Planning & Zoning Commission Final. Judy Connolly, Senior Planner summarized the request. She said that the Subject Property is located at the southwest comer of the intersection of Busse and Golf Roads, and consists of a . multi-tenant retail center with the CVS Pharmacy outlot at the northwest comer of the shopping center. The Subject Property is one lot of record, 7.3 acres in size, and is zoned B3 Community Shopping Planned Unit Development. The site currently has two freestanding signs, which are permitted by the Sign Code. The Petitioner has tenant panels on both of the freestanding signs as well as wall signs on the CVS store. The Petitioner is seeking a Variation to install a new freestanding sign specific to CVS Pharmacy only and Special Use approval for the proposed freestanding sign to have an electronic message board. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-15-05 Page 2 The Petitioner's exhibits demonstrate that there is significant distance between the two existing signs and the proposed signs, approximately 285' between the proposed sign from the existing sign on Golf Road and about 171' between the proposed sign and the existing sign on Busse Road. The Petitioner's exhibit shows that the overall height of the sign measures l2-feet from grade and that the size of the sign face, including the electronic message board is less than 75 square feet. The base of the sign will be red brick and capped with a standard masonry material. The electronic message board would include three lines of text used to advertise CVS sale items and/or services. In order to approve the Petitioner's request, the P&Z Commission has to find that the proposed freestanding sign meets the criteria for a Variation because the proposal exceeds the maximum number of permitted freestanding signs, which is one per street frontage per lot. Ms. Connolly summarized the standards. She noted that prior to the CVS development, the Subject Property consisted of a 2-lot subdivision. It was resubdivided as part of the CVS project and a one-lot subdivision was created. As a result, the Subject Property has almost 900 linear feet of frontage onto Golf Road. The proposed location is consistent with a sign on a separate lot of record: the proposed sign would be located approximately 285' from the existing sign on Golf Road and approximately 171' from the sign on Busse Road. Ms. Connolly said that the Petitioner's request would not ildversely impact the neighborhood or the adjacent properties. The Village's Traffic Engineer reviewed the request and found that the sign, including the electronic message board, would not adversely impact traffic or endanger the public safety. In order to approve the electronic message board, the P&Z Commission has to find that it meets the standards for a Special Use. Ms. Connolly said that the required findings for Special Use requests are listed in the Sign Code and then she summarized the standards. She said that the Subject Property has expansive frontage onto Golf and Busse Roads and the size of the sign complies with Sign Code regulations. The Village's Traffic Engineer reviewed the proposal and found that the electronic message board would not adversely impact traffic. In addition, Staff found that the design of the proposed sign would not create a negative impact on adjacent properties. However, the Petitioner has tenant panels on the existing freestanding signs; Staff recommends that the tenant panels on the existing signs be removed if this sign is approved. Based on this analysis, the proposed sign meets the standards for a Variation and Special Use because the site has expansive frontage onto two major arterial roads and the proposed sign would be located a significant distance from the existing signs. Staff recommends that the Planning & Zoning Commission approve the proposed Variation and Special Use to permit an electronic message board for the CVS freestanding sign subject to the following conditions: 1. Remove the existing CVS tenant panels from both of the existing freestanding signs; and that 2. The proposed sign shall comply with the standards, which are related to the message board not being a traffic hazard and not being a nuisance. The Planning & Zoning Commission's decision is final for this case. The Commission confirmed with Ms. Connolly that this sign was essentially the same as the sign approved for the CVS by the Randhurst Shopping Center. The P&Z discussed overall sign Planning & Zoning Commission Arlene Juracek, Chairperson PZ-15-05 Page 3 regulations and noted that the sign code allows wall signs that measure up to 50% of the signable area up to 150 s.f. and that CVS does not exceed that limitation. Also, the Sign Code permits 75 s.f. of sign face on a freestanding monument sign and the tenant panels on the two existing signs are probably about 10 s.f. Richard Rogers recalled that this shopping center, Golf Plaza I, was one of the last to conform to the sign code in terms of 24' high signs and that this center was limited to 2 freestanding signs for various reasons. He said he does not believe the Commission should allow 3 freestanding signs because it will set a precedent and other shopping centers will request Variations for additional freestanding signs. He stated that he has concerns regarding the safety of an electronic sign at a main intersection despite the Village's Traffic Engineer stating the sign would not create a conflict. Keith Youngquist asked what would go on the two freestanding signs if the CVS panels were removed. Ms. Connolly indicated another tenant name would be placed on the sign. She said there are more than 6 tenants in the center, but only 6 panels are allowed, per the Sign Code, on each sign. Chairperson Juracek swore in the petitioner, Ms. Angela Smith of Site Enhancement Services, an authorized agent for CVS Pharmacy. She is located at 3699 W. Lathrop in South Bend, Indiana, 46628. Ms. Smith said she would start with the Special Use request first because it has led them to seeking a Variation. She said representatives for CVS have appeared before the Village to obtain approval to install electronic message boards at stores across the country. CVS research has found significant performance improvement for the stores that have the electronic message board. She said that CVS is identifying creative ways to use the signs in addition to promoting store products. For example, tying the signs into the Amber Alert system so that they become a community asset as well as an asset for the store. Ms. Smith said that they feel they would be doing the Village a disservice and would create confusion if they requested Special Use approval to include the electronic message board on the existing freestanding signs. In this instance, designing a sign to incorporate with what was already there was beyond their ability because there are so many tenants in the center. So, they lqoked to what they could do to create a sign exclusively for CVS Pharmacy. Short of re- subdividing the property, the suggestion was to incorporate a sign that would function as if there were two lots. As noted, the property was originally two lots. Ms. Smith stated that the proposed sign would be a static sign that would function similarly to the way an alarm clock functions, so it is an instantaneous change. She believes that they agreed at their other store that the message would change every 15 minutes. The sign would not scroll, blink, or otherwise call attention. Ms. Smith confirmed that an electronic message board sign had been approved but not yet installed for the CVS store at Elmhurst and Rand Roads. There was discussion regarding subdividing the property and how ingress-egress easements would be necessary. Ms. Smith replied it would be very complicated, as CVS did not own the property. Also, meeting parking requirements, the needs of the many tenants, creation of a new lot, creation of a new lease, renegotiation of cross access agreements at shared drives, and shared services, which they do not have to negotiate out as one lot, need to be considered. Ms. Smith stated CVS would like to utilize amber colored LED lights, but they would use the color the P&Z requires. She said that CVS has found that white LED creates glare and believes Planning & Zoning Commission Arlene Juracek, Chairperson PZ-15-05 Page 4 that amber LED is the most legible. She noted that they believe further landscaping would be needed at the base of the sign and provided an exhibit showing the change to the landscaping plan at the comer. She added that the wall signs only stay on when the store is open and the freestanding sign would be single color with a single message. Chairperson Juracek noted there were no interested parties in the audience. Joseph Donnelly confirmed that there is no provision in the code for a message change every 15 minutes and that the Commission could request color preference as well as night and day settings. Ms. Smith said she has never been asked for different light settings between day and night but that the sign would be oflatest technology so she thinks they would be able to adjust intensity of the sign. The Commission discussed alternative locations for the sign, which would increase the ability for it to be read at all four legs of the intersection and not create traffic conflicts. Ms. Smith stated they believe the 45 degree angle requested would allow for visibility from all directions. She referred to the "law of primacy" a study that found a driver would not turn their head around, they would attend to the larger task at hand, driving the vehicle. Ronald Roberts stated it would be great to have a visual, which would show what the sign would look like from each direction. Ms. Smith said they would consider a Commission recommendation for a change to a location perpendicular to Golf Road. Mr. Youngquist asked what the benefit would be for a 15-minute delay on message change. Ms. Smith said that's not what they prefer, but would consider that cycle as that was approved for the other CVS sign. CVS signs typically change every 15-30 seconds; they would open it to the Village's direction and offer a limit comfortable to the Village. Ms. Juracek reminded the Commission that the last sign was denied by the P & Z Commission, but the Petitioner appealed the decision and the Village Board allowed the sign with a 15-minute change cycle. It was noted that the Elmhurst/Rand site was more complicated. The hope is that whatever message might be up at the time is the one that would encourage a viewer to visit the store. The electronic message board technology takes away the problems associated with changeable copy sign such as time to change the message and immediacy of the message. At 3 -lines of text, CVS has found 15 seconds to be sufficient for the message to be understood; longer messages would be left up for 2 intervals of 15 seconds, 30 seconds total. When the message is complex, it is left up longer so that it is understood. Some messages are programmed from a central location, but usually it is programmed locally by a store or regional manager to allow for various municipality requirements. When asked by Ms. Juracek what they would do if this request were denied, Ms. Smith said they would have to go back and work with the property owner to determine whether there was a way to modify the existing sign and meet tenants' needs. The two existing signs were approved for multi-tenants and they were part of the original approval. There was discussion regarding modifying the existing signage and how it may require modifying the original CVS approval and site plan approval. Leo Flores asked if the Village had requested the 15-minute time interval. Ms. Connolly said she would need to review the Village Board minutes, but she thought the 15-minute cycle was part of the appeal request to the Village Board. Mr. Donnelly recalled the Commission's resistance to the sign due to the busy nature of Rand Road and stated he believed the 15-minute cycle was an attempt to respond to the P&Z's concerns. Ms. Smith stated that if that cycle were a condition of approval, they would agree to the Commission's requirement. Planning & Zoning Commission Arlene Juracek, Chairperson PZ-15-05 Page 5 Ms. Smith summarized that an electronic sign would allow them to change the message quickly and more easily than with changeable copy. She said that 15 seconds is consistent with what Whiteway Signs had said at the Commission's special workshop. She said that Staffs recommendation to allow the sign correlates to fact that this is a signalized intersection where traffic does stop. Mr. Donnelly recalled the Commission's determination that one message per screen would be safest so that drivers would not slow down to read a message appearing on multiple screens. He believes these safety concerns are valid. Ms. Smith agreed that the sign should be easily read, messages should not be split, their messages would be are succinct. She further noted that often it is a passenger that reads the message. The Village's Sign Code does allow a message to change every 2 seconds, but if the Commission wishes a different timing it would need to be put in a motion. Mr. Rogers reminded the P&Z that if this sign were approved, they opened up an opportunity for every center to request an additional freestanding sign. Mr. Roberts asked whether Staff enforces timing of electronic signs; Ms. Connolly replied that Staff inspects violations as they are reported. Mr. Donnelly added that the Commission expects to add changes to the Sign Code based upon information discussed at their March 1 oth Workshop, although the text amendments have not been added yet. Chairperson Juracek stated she is tending to question the need for the 3rd sign as she believes the comer is already very cluttered and a driver would be past the driveways when they would see the sign and make the decision to turn in to the CVS. Mr. Donnelly added that landscaping might block the sign, as the trees are very low there. Mr. Roberts looked at the factors for Special Use noting the amount of pedestrians trying to cross Golf and stated his belief that the sign would not increase public s,afety, and that such a sign would not be in architectural harmony. Ms. Juracek stated they don't object to use of an electronic sign and new technology, but that the larger question for them was whether there should be a third freestanding sign. She asked if there was a way to work within two signs. Staff clarified there are two discussions before the P&Z: a Variation for the 3rd sign and a Special Use to allow an electronic message sign. Ms. Juracek noted it would be appropriate to take two votes. The Commission asked the Petitioner if she would like to table the motion and revise the application to address the concerns of the Commission. She replied that, either way she would have to re-apply with any alterations, so she preferred a vote be taken. It was noted there is a way to put an electronic sign on the building. However, the property is a Planned Unit Development, and that would require discussion regarding signs other than the requested 3rd freestanding sign. With no further discussion requested by the Commission, Chairperson Juracek closes the hearing and asked for a motion. Joseph Donnelly made a motion to recommend approval for a variation for a 3rd freestanding sign and removal of the CVS tenant panels from the existing freestanding signs, Case No. PZ-15-05. Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Donnelly, Youngquist NAYS: Floros, Haaland, Roberts, Rogers, and Juracek Planning & Zoning Commission Arlene Juracek, Chairperson PZ-l5-05 Page 6 Motion failed 5 to 2. There was not a second vote. Staff recommended that, in order to vote on a Special Use for an electronic sign, more detail is needed. If the Village Board would approve a variation for the third sign, Staff would recommend that the question of an electronic message board would come back to Planning and Zoning to discuss the specific location, technology, and timing of an electronic message sign. After the vote, the Commission held additional conversation regarding the Village's Sign Code. There was discussion that the freestanding sign would be allowed if the CVS were a separate lot of record; the CVS building stands out with its own identity as if it were on an outlot, but this is no longer a viable parcel; the Sign Code seeks to reduce clutter. Ms. Smith was asked why CVS did not request an electronic sign at the time they sought Conditional Use approval for the drive- thru pharmacy and the building was built; she replied that it was cost prohibitive at that time. Richard Rogers made a motion to adjourn at 9:12 PM, seconded by Joseph Donnelley. The motion was approved by a voice vote and the meeting was adjourned. Judy Connolly, AICP, Senior Planner I ) "".ir))::f,i ,. .,) Fi"Lfi \jel".;';:' ,:, "