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HomeMy WebLinkAbout2016-04-15 OPH Ltr to CA Forwarding CUP For Recording CITY OF 4 OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574 April 14, 2016 Mr. Mark Vierling Eckberg, Lammers, Briggs,Wolff&Vierling Attorneys at Law 1809 Northwestern Ave. Stillwater, MN 55082 Re: Conditional Use Permit—Stillwater Crossing LLC OPH File No.: 2016-02.01 TPC File No.: 236.02-16.03 Dear Mr. Vierling: En, o• d herewith for filing with the Washington County Recorder's Office,please find a copy • the above-referenced document. Notice of Certification has been attached. Reg rd-, Anson Ci , dministrator Eah Enclosure Tree City U.S.A. NOTICE OF CERTIFICATION STATE OF MINNESOTA ) - COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Conditional Use Permit Stillwater Crossing LLC Sign Area Expansion g 5950 Osgood Ave., N with the original thereof on file at the offices of the City of Oak Park Heights,and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak P. Heights, this 14th day of April, 2016. /Ill nson City ministrator CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT FOR STILLWATER CROSSING LLC 5950 OSGGOD AVE NORTH OAK PARK HEIGHTS MINNESOTA Planners File No.236.02-16.03 Date Issued: March 22, 2016 Legal Description: (Washington County Geo.Code: 04.029.20.12.0024) See Attached Exhibit"A" Owner:Stillwater Crossing LLC do Midwest Retail Ventures Applicant:same Site Address:5950 Osgood Ave North Present Zoning District:B-2,General Business Conditional use required as set forth in Ordinance Chapter 401 Section 401.15 G I. CONDITIONAL USE PERMIT: the City of Oak Park Heights has received a request from Midwest Retail Ventures, owners of the Stillwater Crossing Shopping Center, to allow additional tenant signage on the center's freestanding sign located at 5950 Osgood Avenue. The site is allowed a freestanding sign with no more than 100 square feet of sign area. The Applicant has proposed adding 30.45 square feet of tenant signage to the existing 100 square foot freestanding sign. A Conditional Use Permit is required to vary from the allowable sign areas for the freestanding sign. Following public hearing and favorable report from the Planning Commission the City Council has granted the Conditional use permit All Conditional uses shall be subject to the following conditions and/or restrictions imposed by the March 22,2016 Resolution of the City Council of the City of Oak Park Heights as follows: 1. All proposed signage shall require a sign permit and shall be in compliance with Section 401.15.G of the Zoning Ordinance. 2. The sign panels shall be illuminated in conformance with Section 401.15.G.4.K of the Zoning Ordinance. II. Reference Attachment: The reports of the City Planner dated February 25, 2016 and site plan approved by the City Council are annexed hereto by reference. IlI. Abandonment: This permit requires continuous use in order to preserve the Conditional Uses granted by the City under the terms hereof. Any discontinuation or abandonment of the uses permitted hereunder upon the site for a period of 12 continuous months shall constitute abandonment and void the permit. IV. Annual review:Annual review is not imposed as a condition of this permit IN WITNESS WHEREOF,the parties have set forth their hands and seals. CITY OF OAK ' ' HEIGHTS 411, Date: ( � By VIA., M. McComber . `ayor Date: By / Eric Johnson City Administrator Stillwater Crossing LLC Date: 54 / By Its: Gtr, Ii 2 of 12 EXHIBIT"A" LEGAL DESCRIPTION ST CROIX MALL P.U.D. 2ND ADD Lot 8 Block 2 (PID# 04.029.20.12.0024) EXHIBIT "B" PLANNERS REPORT AND SITE PLANS TPC 3601 Thurston Avenue N,Suite 100 ENCLOSURE Anoka, MN 66303 Phone:783.231.6840 Facsimile:763.427.0620 TPc@PlanningCo.aom PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 25, 2016 RE: Oak Park Heights—Stillwater Crossing Sign—5950 Osgood Avenue-Conditional Use Permit Review TPC FILE: 236.02— 16.03 BACKGROUND Eric Bjelland, representing Midwest Retail Ventures, owners of the Stillwater Crossing shopping center, has made application for a Conditional Use Permit (CUP) to allow for additional tenant signage on the centers freestanding sign, located at 5950 Osgood Avenue North. The request is to add 30.45 square feet of signage to the current sign which is 100 square feet. The site is zoned B-2, General Business District in which the shopping center is a permitted use. The conditional use permit process may be used to increase the amount of signage allowed on a particular sign or on a site. EXHIBITS The review is based upon the following submittals: Exhibit 1: Project Narrative Exhibit 2: Existing Pylon Sign with Dimensions Exhibit 3: Tenant Sign Details Exhibit 4: Pictures of Current Signage and Proposed Sign Addition Exhibit 5: Survey of Stillwater Crossings with Sign Location PROJECT DESCRIPTION Rick Ferraro of Spectrum Sign Systems, Inc. has provided the following narrative describing the request: We are requesting to add— (1) 3'-0 X 10'— 1 %' Tenant ID sign cabinet to the existing pylon sign structure. This would be an increase of 30.45 square feet. The pylon sign is located on the north end of the property fronting Highway 36. The current sign size is 100 square feet. There has been a very strong interest in the building as a result of the bridge construction. The reason for the requested sign size increase is to allow tenants to adequately display their names in a functional size that would be visible from the road. We believe this request supports the use of the property and the increase in sign size will not impact the property usage. The pylon sign fronts both 60th Street North and Highway 36; it is important that tenant names are visible to east bound Highway 36 commuters in advance of the Osgood Avenue/Highway 36 intersection. Osgood Avenue is the main entrance to the premise. The character of the property is retail; the increase In sign size will not impact the character. The sign design, construction and finish are like and kind to that of the existing sign. ISSUES ANALYSIS Comprehensive Plan. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the property for a retail, services and restaurants is a consistent with the Comprehensive Plan. Zoning Ordinance. The property is zoned B-2, General Business District in which the shopping center is a permitted use. Signage. The existing freestanding sign is 20 feet in height, has 100 square feet of sign area and is more than 5 feet from the property line. It is conforming to the sign regulations of the Zoning Ordinance. The request is to add a 30.45 square foot cabinet that will allow two additional tenant identification spaces. The additional sign area would not interfere with the existing landscaping at the base of the sign. The sign regulations allow for a 20 foot freestanding pylon sign with no more than 100 square feet of sign area. A CUP review would be required to allow the additional sign area. A review of the criteria within the Zoning Ordinance is as follows. Any signage allowed for the development shall require a sign permit. Conditional Use Permit. The Planning Commission should consider the following issues and impacts of the proposed project in making its recommendation. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 2 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The expansion of the tenant space on the freestanding sign should not create an issue for neighboring properties and will be beneficial to the shopping center tenants. In that the additional signage is being added completely within the existing structure of the sign, it should not create any visual issues at this busy intersection. There should be no environmental issues with this request. The request is minor and not out of nature with other requests that have been granted to vary from the sign regulations within the Highway 36 corridor. City Staff sees no issues with the request as proposed. CONCLUSION/RECOMMENDATION Upon review of the request for a Conditional Use Permit to allow for additional tenant signage on Stillwater Crossings freestanding sign, located at 5950 Osgood Avenue North, City Staff would recommend the project with the conditions as follows: 1. All proposed signage shall require a sign permit and shall be in compliance with Section 401.15.G of the Zoning Ordinance. 2. The sign panels shall be illuminated in conformance with Section 401.15.G.4.K of the Zoning Ordinance. c: Julie Hultman 3 EXHIBIT1 �,. SPECTRUM SIGN SYSTEMS, INC 9278 Isanti Street NE Blaine,MN 55449 763-432-7447 OFFICE 763-208-9159 FAX www.spectrum-signs.com Custom Signs. Dear Planning Department, Simple Solutions. We thank you for your consideration of the variance for 5950 Osgood Avenue. We are requesting to add—(1)3'-0"X 10'-i 1/2"Tenant ID sign cabinet to the existing pylon sign/structure.An increase of 30.45 Square Feet. The pylon sign is located on the North end of the property fronting Highway 36.The current sign size is 100 square feet. There has been very strong interest in the building as a result of the bridge construction.The reason for the requested sign size increase is to allow tenants to adequately display their names in a functional size that would be visible from the road. We believe this request supports the use of the property and the increase in sign size will not impact the property usage.The pylon sign fronts both 60th Street North and Highway 36,it is important that tenant names are visible to East Bound Highway 36 Commuters in advance of Osgood Avenue/Highway 36 Intersection.Osgood Avenue is the main entrance to the premise. The character of the property is retail,the increase in sign size will not impact the character. The sign design,construction and finish are like and kind to that of the existing sign. Please contact us with any questions. Sincerely Rick A. 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