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HomeMy WebLinkAbout07-12-2001 Planning Commission Meeting PacketVI. Public Hearings CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, July 12, 2001 - 7:00 PM 6:00 p.m. Interview Planning Commission Applicants 7:00 I. Call To Order II. Approval of Agenda III. Approve Planning Commission Minutes - June 14, 2001 (1) 1V. Approve Planning Commission Minutes - June 19, 2001 (2) 7:10 V. Visitors /Public Comment This is an opportunity for the public to address the Commission with questions or concerns not on the agenda. Please limit comments to three minutes. A. Continued: Walgreen's Pharmacy Conditional Use Permit, Variance and Site Plan Review: To consider a conditional use permit request, variance and site plan review for construction of a Walgreen's Pharmacy at 6061 Osgood Ave. N. (3) B. Continued: Sprint Conditional Use Permit and Height Variance: To consider a conditional use permit request for construction of a 160' telecommunications monopole and height variance request at 5920 Memorial Ave. N. C. Comprehensive Plan and Zoning Amendment changing the zoning of the Eastern portion of the Village Area from R -2, Low and Medium Density Residential to R -1, Single Family Residential (4) D. Ordinance 401.15.G - Signs: Consideration of amendment to ordinance. (5) 8:30 VII. New Business A. Planning Commissioner Appointment: Make recommendation appointing new commissioner VIII. Old Business IX. Informational X. Adjournment Upcoming Meetings: August 9, 2001 - Regular Meeting - 7:00 PM Council Representative: July - Commissioner Dwyer August - Commissioner Hedlund 210 • AN ORDINANCE ESTABLISHING A PLANNING COMMISSION PURSUANT TO MINN. STAT. §462.354. • • THE CITY COUNCIL OF THE CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA, DOES ORDAIN: 210.010 Establishment. There is hereby established pursuant to Minn. Stat. §462.354 a Planning Commission for the City of Oak Park Heights. 210.020 Composition. Such Planning Commission shall consist of five (5) members anti-twe - --alteffiates- providing as follows: (a) There shall be a Councilperson designated by the Mayor with the consent of the City Council to be a liaison to the Planning Commission. Such Councilperson shall serve without voting power and in a capacity as ex officio to the Planning Commission. Additionally, the council may designate an alternate from the Council to serve in such capacity should the primary Council appointee be unable to attend. (b) The five members of the Planning Commission shall be appointed by the City Council _ _ _ - _ - _ _ -- _ _ -- _ -• : - . All such appointments shall initiate and be established by resolution of the City Council. The term of each member shall be for three (3) years with the initial terms being staggered by the City Council resolution of appointment. Unless extended by special order of the City Council for a period of 1 year, no member shall serve more than 2 consecutive terms on the Planning Commission. Any member oY l ^t" miner of the Planning Commission may be removed at any time by a 4/5 vote of the City Council, with or without cause. Should any Planning Commission member fail to attend 3 consecutive regular meetings of the Planning Commission or fail to attend 4 meetings within a twelve month period, that position shall be determined to be vacant and the Council shall reappoint a person to fill the balance of the term remaining in that member's position. A t Chair to fill that seat f pri ence of a called alled by the oses o t e mee in'g in whleh -the er is absent and shall have voting rights of that a fnee g. (c) The City Council may from time to time, by resolution, a oint pp other persons to the Planning Commission to serve in a non- voting /liaison capacity, for limited periods of time and for specified issues on topics for which they have a special interest or expertise determined by the Council to be of benefit to the Planning Commission. other persons to the Planning Commis e - o - • - in a non- voting /liaison capacity, for ' • - • . - • o f time and for special p issues on topic s - ey may have special interest or expe ti:,::: 'n ed by the Council to be of benefit to the • ssion. 210.030 Meetings. The Planning Commission may hold at least one regular meeting each g g month. The regular meeting date of the Planning Commission shall be established by Resolution of the City Council from time to time. The Planning Commission shall adopt rules for the transaction of business and shall keep a record of its Resolutions, transactions, minutes and findings which records shall be public. 210.040 Organization and Chairperson. The Planning Commission shall elect a chairperson from amon g its appointed members for the term of two years. No member shall serve as chairperson for more than two consecutive terms. Vacancies occurring within the Planning Commission shall be filled for the balance of the term by appointment from the City Council. The Commission shall also kee p a record of the minutes of each of its meetings. 210.050 Powers and Duties of the Planning Commission. The Planning Commission shall consider and make recommendations on all matters affecting zoning, subdivision and building regulations and land use development, comprehensive plans and other matters referred to it by y the City Council from time to time. All recommendations made by the Planning Commission shall take into consideration the established policies p of the City Council on such matters. The Planning Commission shall also carry on City planning activities and recommend such plans for the regulation of future physical development of the City including land use and building construction. 210.060 Compensation. Compensation of Planning Commission Members as selected by the City Council shall serve without compensation except as otherwise established by Resolution of the City Council. • • Section 2. Passed and adopted by the City Council of the City of Oak Park Heights, Washington County, Minnesota, on this day of , 1998. Attest: Thomas Melena City Administrator Effective Date. This ordinance shall be in full force and effect from and after July 1, 1998 and its passage and publication as provided by law. Amended: Section 210.02. Passed and adopted May 28, 1999. CITY OF OAK PARK HEIGHTS By David Schaaf Mayor lb CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, June 14, 2001 Call To Order: Chair Vogt called the meeting to order at 7:05 p.m. Present: Commissioners Dwyer, Hedlund, Runk, and Wasescha. Staff Present: City Planner ty Richards, Community Development Director Danielson, and Council Liaison McComber. Approval of Agenda: Commissioner Wasescha, seconded by Commissioner Runk moved to approve the Agenda with the following additions: Carried 5 -0. C. Fuel Pumps Approval of May 10, 2001 Minutes: Commissioner Runk, seconded by Commissioner Wasescha, moved to approve the minutes with typographical corrections. Carried 5 -0. Visitors: Introduced the Community Development Intern. Public Hearings: ENCLOSURE A. Continued - Village Area -East Rezoning Request: To consider rezonin g of the Village Area -East from R -2, Low and Medium Density Residential to R -1, Single Family Residential. City Planner Richards reported on several concerns raised at the last meeting, stating that the oldest maps of the area show it as R -2. It was not rezoned with the West End of Stagecoach in 1999. Chair Vogt opened the hearing for public comment at 7:23 p .m. Commissioner Wasescha, seconded by Commissioner Dwyer, moved to close the p ublic hearing at 7:24 p.m. Carried 5 -0. Discussion ensued as to what the real concerns of the residents of the East Village g Area were. It was concluded that the area feared large homes, 4plexes and the like. Commissioner Hedlund requested and indulgence be granted, and that the chair recognize Terry Poirier. Terry Poirier, 5636 Perkins Ave. N. addressed the commission, statin g that he was concerned with road traffic in the area. He believed that the extra traffic p roduced if a duplex or 4plex were installed would damage the roads in the area. Commissioner Hedlund inquired as to if a zoning change would increase or decrease the property value of the land. City Planner Richards replied that he was unwillin g to venture a guess. Planning Commission Minutes June 14, 2001 Page 2 of 5 The commission came to the general consensus that no one will seek development ' elopment in the area until the bridge issue was resolved. Citing no compelling reason p g on to change, the commission moved to recommend to the City Council not to change the zoning for the East village Area. Carried 5 -0. B. Stillwater Ford Temporary Sign Variance: To consider a request q st for a temporary sign variance. City Planner Richards gave a brief summary of his report, stating signage g that the wall signage request was not unreasonable. He recommended one pylon sign, wo monument • brings their light � ment signs, and that the facility g ght poles into conformance. Community Director Danielson stated that Stillwater Ford would have ' e all their vehicles removed from Rainbow's parking lot in 45 -60 days. Chair Vogt opened the hearing to public comment at 7:53 p .m. Bill Rambo, Denny Hecker Automotive Group addressed the commission. He stated that Stillwater Ford would like to keep the two existing pylons, and style si g pY � add one monument s ty sign. The signage would be subtle, and bases could be built around the pylons. Discussion ensued on the height of the monument sign and the lighting ' gn ghting of the signs. Commissioner Runk, seconded by Wasescha, closed the ublic hearing • Carried 5 -0. p gat 8:00 p.m. Discussion was held as to the need of signage, possible examples of p p 8ft monuments, i and how large the Stillwater letters would be if they were Oak Park Heights ' Y eights instead. Commissioner Runk, seconded by Hedlund, motioned to recommend • d to allow. Stillwater Ford to keep the two existing pylons, no g py not to exceed 130 square feet and 30 feet in height. One monument sign, not to exceed 80 square feet and no more than 8 feet in height. All proposed wall signage except for the advertising above the windows g on two facades consisting of the wording "alignment, brakes, tires, struts, shocks, and air conditioning. " The applicant may choose the wording /logos on the lon and monument ent signs based upon the examples provided. Commissioner Wasescha added a friendly amendment - to allow the Ford and Lincoln Mercury signs to be backlit 24 hours a day, and all other si a e lighting • � g g tang to be turned off at 10 .30 P.M. Accepted 5 -0. • fa, qb The motion then read: Carried 4 -1. Planning Commission Minutes June 14, 2001 Page 3 of 5 To recommend to the City Council to allow: Stillwater Ford to keep the two existing pylons, not to exceed 130 square feet and 30 feet in height. One monument sign, not to exceed 80 square feet and no more than 8 feet in height. All proposed wall signage except for the advertising above the windows on two facades consisting of the wording "alignment, brakes, tires, struts, shocks, and air conditioning. " The applicant may choose the wording/ logos on the lon and monument signs gns based upon the examples provided. Allow the Ford and Lincoln Mercury signs to be backlit 24 hours a day, and all other signage lighting to be turned off at 10:30 p .m. C. Continued: Walgreen's Pharmac Conditional Use Permit Variance and Site Plan Review: To consider a conditional use permit request, variance, and site q � , plan review for construction of a Walgreen's Pharmacy at 6061 Osgood Ave. Y g Community Development Director Danielson gave a summary of the latest developments, including � p ding the Walgreen's - MNDOT meeting in which MNDOT stated that they would require the Frontage Road to be closed. Also, the Brown's Creek Watershed District sent several advisory comments concerning the g proposed development, but since the development would be small they were only f y y or advisory purposes. Walgreen's requested that the hearing be extended into July. Y Chair Vogt opened the public hearing at 8:25 p.m. Commissioner Runk, seconded by Wasescha, motioned that the public hearing 12th p g be continued to the July 12 meeting. Carried 5 -0. D. Sprint Conditional Use Permit and Height Variance: To consider a conditional use permit request for construction of a 160' telecommunications monopole and height variance request at 5920 p q 920 Memorial Ave. N. Community Development Director Danielson relayed Sprint's request for an ' of the public hearing. Y p q extension Chair Vogt opened the public hearing at 8:26 p.m. Commissioner Runk, seconded by Dwyer, motioned for the ublic hearing be p g continued to the July 12th meeting. Carried 5 -0. The Planning Commission had a brief recess at 8:27 .m. The Plannin Commission p g ion reconvened at 8:38 p.m. New Business A. Commissioner Recognition: Planning Commission Minutes June 14, 2001 Page 4 of 5 Chair Vogt read resolutions recognizing Commissioner Wasescha and Commissioner Hedlund for their contributions to the Planning Commission. B. Council Liaison: Community Development Director Danielson informed the Planning Commission on that the City Council requested input as to the role of the council liaison. To that end, Director Danielson distributed a questionnaire to commission members, and received received three responses._ Director Danielson stated that a June 28th, 2001 Joint Meeting Planning � eeting of the g and Parks Commissions is to occur at 6:00 to discuss this issue. Director Danielson also stated that responses were still being accepted. g P City Planner Richards was asked his view of the role of the Council Liaison, as he has witnessed liaisons in various cities. Planner Richards replied that liaisons are helpful but should be limited in discussions and should not influence the decisions of the Commission. Commissioner Wasescha stated that she agreed with Planner Richard's view on the role of liaisons, and believed that they were very helpful. Commissioner Hedlund said that he felt it was a mistake to limit the role of ' the liaison too greatly, and that it was also a mistake to keep vocal people away. The more opinions the better. P Y The Commission agreed that the Council Liaison should kee p the Commission informed without compromising their independence. Director Danielson mentioned the possibility of coordinatin g interviews for the upcoming vacancy to the Planning Commission with the Joint Meetin g, if any applications are in at that time. C. Fuel Pumps: Commissioner Runk reviewed the past decision to deny request uest to allow q their gas station to remain open 24 hours a day. The reasons for this denial were safety concerns, and Commissioner Runk questioned the fairness of denying Rainbow's yin.g ow s request when other gas stations in the area are open 24 hours a day. Y Discussion was held on the reasoning behind the denial, and it was decided to direct staff to inquire to the reasoning at the next staff meeting. g • • • 1 Old Business : C. City Goals: Planning Commission Minutes June 14, 2001 Page 5 of 5 A. Telecommunications Towers and Antenna Placement Ordinance: Commission Development Director Danielson and City Planner Richards reviewed the document for the commission, and stated that the Council asked it to be reviewed and requested recommendations. Discussion was held on the document, and the general consensus was that the document covered all the issues concerning tower and antenna p lacement. B. Commission Re- appointment, Appointment Extension, and Advertisement: Chair Vogt stated that this issued had adequately been addressed earlier in the meeting. Community Development Director Danielson reviewed the seven goals put forth by the Council, and brief discussion was held. Informational/ Update: A. Lighting: Community Development Director Danielson stated that the lighting plan for the development was approved with the exception of 24 -ft poles. The City Council would like the Planning Commission to give them a recommendation to approve or disapprove the lights by the June 26th City Council Meeting. Discussion was held as to when a special meeting should occur. Commissioner Runk, seconded by Wasescha, m otioned to hold a special meeting to review the 24 ft 19th, p pole on June 19 , 2001 at 6:30 p.m. Director-Danielson also mentioned a complaint received about the lighting at Amoco. g g Discussion was held as to the best way to address the complaint. Possible solutions were found in hiring an independent firm to test the brightness of the lights, to see if they are within the set limits. Adjournment: Commissioner Runk, seconded by Wasescha, moved to adjourn at 9:15 p.m. Carried 5 -0. Respectfully submitted, 010 Scott Johnson Community Development Intern lb Call To Order: Chair Vogt called the meeting to order at 6:30 p.m. Present: Commissioners Hedlund, and Runk. Commissioner Wasescha arrived at 6:40. Staff Present: Community Development Intern Johnson. Absent: Commissioner Dwyer. New Business: A. Boutwell's Lighting: To pass a recommendation to allow or disallow 24 ft light poles at the Boutwell's Landing development. Commissioner Runk began the debate by stating possible reasons for the developer desiring taller light poles. Reasons included safety and increased coverage area. Chair Vogt, seconded by Commissioner Hedlund, motioned to recommend that the developer have their choice of light poles, 24 or 14 ft. Commissioner Wasescha arrived at 6:40 and a recap of the past 10 minutes was given. Commissioner Wasescha stated her approval of the 14 -ft light poles and that they were more aesthetically pleasing than the 24 -ft poles. Commissioner Runk again stated the possible safety benefits and the cones of light that would be created. Commissioner Hedlund stated that with fewer light poles it would look simply like a parking lot. The motion was reread: Chair Vogt, seconded by Commissioner Hedlund, motioned to recommend that the developer have their choice of light poles, 24 or 14 ft. Carried 3 - 1. CITY OF OAK PARK HEIGHTS PLANNING COMMISSION SPECIAL MEETING MINUTES Adjournment: Commissioner Hedlund, seconded by Commissioner Runk, moved to adjourn at 6:45 p.m. Carried 4 -0. Respectfully submitted, Scott Johnson Community Development Intern June 19, 2001 ENCLOSURE 2 46 07/02/01 08:50 FAX 612 332 2428 SIMPER DEVELOPMENT, LTD. lb 600 Foshay Tower 821 Marquette Avenue South Minneapolis, Minnesota 55402 July 2, 2001 Kris Danielson City of Oak Park Heights 14168 Oak Park Boulevard Box 2007 Oak Park Heights, Minnesota 55082 RE: 36 & Osgood, Stillwater, Minnesota Dear Kris, This his letter is a follow up to our phone conversation regarding the Walgreens project at 36 and Osgood. At this time, we would like to continue the Planning Commission public hearing until next month. We are workin g g with Walgreens regarding the various commen1 s we have received. As soon as the plans are complete, we will forward copies to you for your review, prior to the next Planning Commission Meeting. Y will not be in attendance at the Planning Commission meeting unless you feel I should be. Please call me if you would like me at the meeting. We Development, Ltd) do hereby waive application of Minn. Stat. 15.99 subd 1, 2, and (Semper P 3 for our request of a conditional use permit, site plan review and variance and acknowledge that q the City y of Oak Park Heights may deny the request of Semper Development beyond the time lines P rovided within the statute and that the same shall not constitute an automatice approval of our request. Sincerely, John Kohler, AIA JT•IK /l t SEMPER DEVELOPMENT LTD. X1002 ENCLOSURE 3 Phone: (612) 332 -1500 Fax: (612) 332 -2428 FILE COPY THE EVEREST GROUP 7900 HIGHWAY 7, SUITE 125 ST. Louis PARK, MN 55426 FAX (952) 253-6370 JAREN JOHNSON, ZONING ATTORNEY (612) 578 -6247 WENDY METCHNEK, ZONING ATTORNEY (612) 396 -9312 Kris Danielson Community Development Director City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Dear Kris, Re: Re • uest to Table S • rint's A • • lication at Centu Power S sorts and As you know, Sprint PCS ( "Sprint ") has an active land use application before the City of Oak Park Heights (the "City") for construction of a wireless telecommunications facility on property at Century Power Sports, 5920 Memorial Avenue North (the "Yamaha Application "). Although the Yamaha Application, at present, appears on the City Planning Commission's agenda for its meeting Thursday night, July 12, 2001, Sprint now formally requests that the City and the Commission table any further consideration of the Yamaha Application until the Commission's next meeting on August 9, 2001. Due to the more stringent zoning requirements recently enacted by the City, Sprint is continuing to analyze the use of an existing Excel Energy electrical transmission tower. Sprint asks, therefore, that the City table the Yamaha Application and that the Commission not consider the Yamaha Application at its meeting on July 12, 2001. In order to meet the City's requirements for speedy resolution of the Yamaha Application, pursuant to Section 15.99 of the Minnesota Statutes, Sprint also, hereby, voluntarily extends the so- called "60 -Day Rule" for an additional forty -five (45) days beyond the deadline for action previously announced by the City. It is anticipated that the extension would result in the application being heard at the August 9, 2001 Planning Commission meeting and subsequently at the August 28, 2001 City Council meeting. Sprint remains ready to discuss this issue at your convenience. Please feel free to call me directly, at (612) 578 -6247, if I can offer further clarification or assistance. Sincerely, aren Johnson Voluntary Extension of the 60-Day Rule CC: Johanna DeMara, Sprint PCS Evan Rice, Faegre & Benson Scott Richards, City Planner Tom Melena, City Administrator Mark Vierling, City Attorney Monday, July 09, 2001 MEMORANDUM pc: Kris Danielson Mark Vierling itimosiano NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @nacplanning.com TO: Tom Melena FROM: Scott Richards DATE: July 5, 2001 RE: Oak Park Heights — Comprehensive Plan Amendment — Village Area, East of Stagecoach Trail FILE NO: 798.04 — 01.02 As you are aware, the City Council, at their meeting of June 26, 2001, voted unanimously to rezone the area east of Stagecoach Trail and north of 56 Street from R -2, Low and Medium Density Residential to R -1, Single Family Residential. Residents of the neighborhood were present at the meeting and expressed their concerns with the R -2 zoning classification. With the zoning action by the City Council, a public hearing must now be held by the Planning Commission on the Comprehensive Plan land use designation for the area. The plan map now indicates the area in question as business /residential transition. In order to make the zoning and land use plan consistent, the plan will now need to be changed to low density residential. At the public hearing, the Planning Commission will need to consider the specific land use map for District 9. The text that accompanies Planning District 9 should also be revised. A draft of that text revision and the revised land use map is attached. A resolution for the Comprehensive Plan text and map change as a favorable recommendation is also attached. • PLANNING DISTRICT 9 Planning District 9 consists of the area commonly referred to as lewef the Village Area of Oak Park Heights. The land uses consist primarily of single family homes, small Y g Y commercial and light industrial facilities and the open area created by the Minnesota Department of Transportation for construction of the St. Croix River Crossing. It is the intent of the Comprehensive Plan to preserve and protect the existing single family areas of this neighborhood in that it represents the historic beginnings of the community and provides needed moderate income housing for Oak Park Heights residents. The City will work with the Washington County HRA in assuring that programs are available for housing repair and rehabilitation. Additionally, the City has programmed consider street reconstruction activities for 1999 or 2000 for many of the streets within this district. indefinitely . : __. While this project has been indefinitel postponed, it is recognize ha . an even a investment by the City through its street reconstruction program will serve to protect the viability of the neighborhood. The City will also continue to enforce its standards related to buildings and property to assure that the neighborhood remains a safe and attractive place to live. issue in 1999. 89 NEIGHBORHOOD PLANNING DISTRICTS The area purchased by MnDOT for the St. Croix River Crossing is almost completely cleared of its homes and commercial businesses. The City has rezoned the property 0, Open Space to further restrict the potential reuse of the area. Depending upon the bridge location and resulting Highway 36 and 95 intersection, this area likely may be used for roadway construction and the resulting right -of -way. The City may consider reuse of the site for residential uses if a significant portion of the site is not utilized for roadway purposes. The area on Stagecoach Trail between Perro Creek and the State of Minnesota Correctional Facility in Bayport is designated on the Proposed Land Use Plan map for business warehouse uses. An existing ' bus garage and storage facility exists in this area as well as five four single family homes. It is the intent of the City, through its Economic Development Authority (EDA), to eventually convert this area to all business /warehousing uses in that the existing single family homes are detached from the existing neighborhood and adversely impacted by existing land uses. The area OAK PARK HEIGHTS COMPREHENSIVE PLAN UPDATE DEVELOPMENT FRAMEWORK t • is currently zoned I, 1 B usiness/Wareho us e. proe possi I developm ndustrial and The district is accessed by Highway 95, Stagecoach Trail and Beach Road. The primary transportation issues include the fate of the Beach Road overpass and construction of a Highway 36 frontage road connection to the district from Osgood Avenue. Both of these projects are contingent on the Highway 95 and Highway 36 intersection improvements. 90 NEIGHBORHOOD PLANNING DISTRICTS OAK PARK HEIGHTS COMPREHENSIVE PLAN UPDATE DEVELOPMENT FRAMEWORK 1 • • follows, to wit: and RESOLUTION NO. PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE PROPERTY WITHIN THE VILLAGE AREA, EAST OF STAGECOACH TRAIL AND NORTH OF 56 STREET, SHALL BE DESIGNATED WITHIN THE COMPREHENSIVE PLAN AS LOW DENSITY RESIDENTIAL WHEREAS, the City Council of the City of Oak Park Heights, at their June 26, 2001 meeting, rezoned the area east of Stagecoach Trail and north of 56 Street from R -2, Low and Medium Density Residential to R -1, Single Family Residential, and in order to make the Comprehensive Plan consistent with the zoning designation, the Planning Commission of Oak g � g Park Heights held a public hearing relative to the Comprehensive Plan and makes the following findings of fact: 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The City Council of the City of Oak Park Heights, at their June 26, 2001 meeting, directed staff to complete a Comprehensive Plan amendment and schedule a public hearing of the Planning Commission to consider a Low Density Residential land use designation for that area east of Stagecoach Trail and north of 56 Street; and 3. City staff prepared a memorandum dated July 5, 2001 reviewing the change in land use designation for the property in question; and 4. Said memorandum recommends that the Comprehensive Plan land use designation and zoning classification be made consistent; and 5. The Planning Commission held a public hearing at their July 12, 2001 meeting, took comments from the public, and made the following recommendation at that meeting: • NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: 1. That the Comprehensive Land Use Map designation and the text for Planning District 9 be revised to reflect a Low Density Residential classification for that property within the Village Area that is east of Stagecoach Trail and north of 56 Street. Recommended by the Planning Commission of the City of Oak Park Heights this 12` day of July 2001. ATTEST: Thomas Melena, City Administrator George Vogt, Chair 2 • • nom •- sinv - 7.. k 111 1614 : gad I! i r liiii.iiii : ' � /11111111/ • biiiiiuiu& 88 PROPOSED LAND USE Low Density Estate Residential Low Density Residential Medium Density Residential High Density Residential Quasi - Public Facilities - School Facilities - Government Facilities CBD Commercial Business /Residential Transitional Industrial Highway Business/Warehouse Park Facilities /Open Space Estate Residential /Golf Course /Parks and Open Space I=1 District Boundary Wetland /Ponding Areas 600 0 600 Feet !!!!, • • ENCLOSURE 5 NORTHWEST ASSOCIATED CONSULTANTS, INC. MEMORANDUM 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 plannersenacplanni ng.com TO: Tom Melena FROM: Scott Richards DATE: July 5, 2001 RE: Oak Park Heights — Sign Ordinance Amendments FILE NO: 798.04 In considering the variance for the Stillwater Ford sign package, the City Council discussed the need for updates to the Zoning Ordinance section on signs. As you are aware, when the Zoning Ordinance was updated in 1998, the sign code was not amended. It has long been recognized that the sign code is too restrictive in some cases and in others to generous in its allowances for sign area. Also, in using and enforcing the code, there are provisions that have been identified with interpretation and enforcement issues. We recommend that in the budgeting process for 2002, that the City Council consider adding planning budget funds to complete a rewrite of the sign code. The code will require numerous meetings with representatives of the City, business people and citizens to come to a consensus on fair, easily understood and enforced regulations. Ideally, the process would be done in January and February of 2002 when our work schedules are more open for ordinance work and people are more available to serve on a committee. In working with ordinance committees for other communities, a sign code update will require significant input from the business community as well as interested citizens. The group should be relatively small, but diverse enough to represent the community. We would suggest the following: One or Two City Council Members One or Two Planning Commission Members One Chamber of Commerce Staff Member Three or Four Members of the business community representing small business, a representative of one of the large retailers, and representatives of the service industry such as hotels or restaurants. Two or Three Citizens City Staff — Kris Danielson, Scott Richards and Jim Butler In order to complete the process, we would propose the following p p g budget. The staff include would nclude research of other ordinances, drafting and redrafting g g and preparation for meetings. All of the meetings would be billed separately on the established ti City meeting rate of $200.00. It would be expected that the p project could be completed within approximately five committee meetings. A meeting is as follows: g g schedule and Project Budget Senior Staff Support Staff Expenses Total Not to Exceed Fee $6,500.00 * Based upon projected 2002 Oak Park Heights City Billie g y g Rates Meeting Schedule 70 hours @ $75.00* 20 hours @ $50.00" Meeting 1: Organ izational /Introductions Sign Definitions Review ApplicationNariance Process Meeting 2: General Provisions Permitted /Prohibited Signs Non - Conforming Signs Special District Signage pc: Kris Danielson Mark Vierling $5,250.00 $1,000.00 $ 250.00 Meeting 3: District Provisions Meeting 4: District Provisions Meeting 5: Final Review and Committee Recommendation Planning Commission Public Hearing and Recommendation City Council Review and Approval • • 4b 401.15.G. Signs. 1. Purpose. The purpose of these regulations is to establish, protect and promote health, safety and eneral welfare are and the order with the City through establishment of a comprehensive and impartial series of standards, regulations and procedures governing signs and communicative facilities serving as communication media to persons situated within or upon the public right -of -way. The regulations are intended to encourage an equitable opportunity of p ty effective and orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities. 2. Permit Required. Except as otherwise provided in this Section, no person shall erect, maintain, repair, or alter or relocate within the City any sign as defined herein without first having been issued an appropriate permit therefore and having paid the appropriate permit fee. 3. Permit Fees. The fees which shall be charged for permanent and temporary signs and for sign repair or copy PY replacement under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. 4. Application Procedures. Each application for a permit under this Section shall be submitted to the Zoning b Administrator or designee on forms provided by the City and shall include, but not be limited to, the following information: a. The name, address and telephone number of the person for whom the sign is being erected, and the name, address and telephone number of the applicant and the property owner. b. The location and dimensions of the building, structure or lot to which, or upon which, the sign is to be attached or erected. c. A site plan showing the positioning and height of the sign(s) or other advertising structures in relation to all nearby existing or proposed buildings, structures and property lines, lighting details, a table of the proposed gross sign area for each sign and the total proposed sign area. d. Two blueprints or ink drawings of the plans and specifications for the sign, its method of construction and its attachment to the building or in the ground. g- e. The name of the person, firm, corporation or association erecting the structure. f. Such other information as the Zoning Administrator or designee requires to show full compliance with this and all other laws and ordinances of the City. If the work authorized under a permit has not been completed within six (6) months after the date of its issuance, said permit shall become null and void. 5. General Provisions. City of Oak Park Heights a. No sign permitted by this Ordinance shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "Stop," "Caution," "Warning," etc., unless such sign is intended to direct traffic on the premises. b. All signs and sign structures shall be properly maintained and shall be kept in a safe orderly condition. on. In addition, all parts and supports shall be properly painted. Any sign or sin structure which is rotted, unsafe, defaced or otherwise altered, shall be repainted, repaired or replaced by e, P p y t he licensee, owner or agent of the owner of the property upon which the sign stands, upon written notice of the Building Official. c. No sign shall be attached to hang from any building until all necessary wall and/or roof attachments achments have been approved by the Building Official. d. No sign, nor any guys, stay or attachment thereto shall be erected, placed or maintained by any p erson on rocks, fences or trees nor in such a manner as to interfere with any electric light, power, telephone or telegraph wires or the supports thereof. e. When electrical signs are installed, the installation shall be subject to the State's Electrical Code as may be amended. y g- f. No signs other than governmental signs shall be erected or temporarily placed within any street right-of- way or upon any public lands or easements or right-of-way. The temporary use of searchlights, banners, pennants and similar devices shall require a ermit. The permit shall be valid for ten (10) consecutive days. No more than P P ( ) y an three (3) permits per business proprietor shall be granted during any 12 -month period and no permit shall be issued within thirty (30) days of the expiration of a previous permit. The permit shall be promptly displayed during the period of validity. Notwithstanding the above, no such permits shall be issued except in R -B, B -2, B -3, CBD, B -W, and I Districts of the City. h. No part of a sign or sign structure shall be placed closer to any property line than ten (10) feet. J. A person shall not illuminate any existing advertising device at any time if the existing advertising device is not located at the place of business being promoted, except for reasonably sized directional devices to ai sized directional devices to aid tourists to find gas, food and lodging. All signs shall display in a conspicuous manner, the owner's registration number that corresponds to the number on a permit held by the City. The permit should contain the information including (but not limited to) the owner's name and date of erection. k. A minimum of one (1) address sign shall be required on each building in all districts. Such sign shall be of sufficient size to be legible from the nearest street, yet shall not exceed two (2) square feet in area. The number shall be metal, glass, plastic, or curable material and the number shall not be less than three and one -half (3 -1/2) inches in height, in a contrasting color to the base. The numbers shall be lighted or made of some reflective material and so placed to be easily seen from the street. 1. No sign or sign structure shall be erected or maintained so as to prevent 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. m. Permanent window signage shall not exceed twenty -five (25) percent of the total area of the window in which they are displayed. Lettering used in permanent window signage exceeding three and one -half (3- 1/2) inches in height shall be items of signage permitted on that side of the building. * Amended Ord. No. 99- 401 -01, 26 January 1999 n, All signs as required by Occupational Hazards Act shall be permitted in all Districts. o. If a freestanding sign or sign structure is constructed so that the faces are not constructed so that the faces are not constructed so as to be back to back, the angle shall not exceed ten (10) degrees. If said angle is greater than ten (10) degrees, the total area of both sides added together shall not exceed the maximu allowable sign area for that district. • qi p. No sign shall be positioned so that if impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines. g u1u1� 6 Permitted and Prohibited Signs. a. Permitted Signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this Ordinance. 1) Public Signs. Signs of a public, non - commercial nature to include safety signs, trespassing signs, P g g ns traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when signs are erected by or on order of a public officer or employees in the performance of official duty. 2) Identification Signs. Signs in all districts which identify the business, owner, manager or resident and set forth the address of the premises where the sign b p gn is located and which contain no other material. There shall be one (1) per premise, not to exceed two (2) square feet in area. If the sign is freestanding, the total height may not exceed five (5) () feet. 3) Direction Signs (On- Site). On -site directional signs, not exceeding four (4) square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are located. 4 Integral Signs. Names on buildings, date of construction, commemorative tablets and the like, which are of a permanent type of construction and which are an integral part of the buildin g or the structure. Political Campaign Signs. a) State General Election Years. In a state general election year, the size and duration of campaign sign display shall comply with the provisions of Minnesota Statutes 211.8.045, as amended. These signs shall be confined within private property and shall not be less than fifteen (15) feet from the nearest edge of the pavement. b Other Election Years. In years when no state general election is to take place, sips announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of nine (9) square feet for each premise in a residential zone and thirty -two (32) square feet in an agricultural, commercial or industrial zone. These signs shall be confined within private property and shall not be less than fifteen (15) feet fro the nearest edge of the pavement and one hundred (100) feet from the nearest curb intersection of any street or road. These signs may be displayed sixty (60) days prior and seven (7) days after the election for which intended. In cases where a final election follows within seventy -five (75) days of a primary election, those candidates who won in the primary election may continue to display their signs during the interim period and up to seven (7) days after the final election. 6) Holiday Signs. Signs or displays which contain or depict messages pertaining to a National or State holiday and no other matter and which are displayed for a period not to exceed thirty (30) days. * Amended Ord. 99 -401 -01, 26 January 1999 * 10) a) Signs must be removed within ten (10) days after sale or rental of property. 3) Any sign which moves or rotates. 7) Construction Signs. A non - illuminated sign announcing the names of architects, en contractors, or other individuals or firms involved with the construction, alteration or repair of a building (but not including any advertisement of any product) announcing p p ) or ouncun� the character of the building enterprise or the purpose for which the building is intended. Such signs shall be confined fined to the site of the construction, alteration or repair and shall be removed within two (2) years of the date of issuance of the first building ) y din permit or when the particular project is completed, whichever is sooner. One (1) sign shall be permitted for each major street the project abuts. No sign may exceed thirty-two (32) square feet in the 0, R -1, R -2 Districts or fifty 3 through fty (50) square feet in the R -3 gh I Districts. 8) Individual Property Sale, Lease or Rental Signs. Any on- premise sign announcing the name of g the owner, manager, realtor or other person directly involved in the sale or rental of the property or g announcing the purpose for which it is being offered. p * b) Signs may not measure more than twelve (12) square feet in 0 Districts; not more than four (4) square feet in R -1, R -2 Districts; not more than thirty -two (32) square feet in R-3, R -B, B -1, B -2, B -3, CBD, B -W, and I Districts. c) A conditional use permit may be granted by the City Council for signs larger than twenty square feet in the 0 District, under this section, g ty ion, un the event that more than twenty (20) acres are offered for sale. d) There shall be only one sign per property. Comer properties, however, may contain two signs; one per frontage. 9) Rummage Sale Sims. Rummage sales may be held and signs displayed therefore provided p o ided that the exchange or sale of merchandise is conducted inside the principal or accessory structure; and all related signs are confined to the subject property. All related signs shall conform to the applicable provisions of this Ordinance, and be removed at the termination of the sale. Temporary Window Signs. Temporary window signs shall be permitted within the R -B, B -1, B -2, B -3 and CBD Zoning Districts, provided that they do not exceed ten percent (10 %) of the front building facade. 1 1) Awnings. Awnings that convey a message via alphabetic, numeric or symbolic characters shall be included in calculating the overall signage of the property. The outline of such characters shall be used to determine the area of the awning signage. All awnings are subject to the provisions of Section 401.15.G.6.b.4). b. Prohibited Signs. The following signs are specifically prohibited by this Ordinance: 1) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. 2) Any sign which contains or imitates an official traffic sign or signal, except for private, on- premise directional signs. • 440 a. 4 No sign shall display any moving lights, nor shall it be animated. shall be shielded to prevent any impair the vision of any driver. with or obscure an official traffic public streets. * Amended Ord. 99- 401 -01, 26 January 1999 5) Projecting signs. 7. Non - Conforming Signs. b. General Provisions Governing Non - Conforming Signs. 1) A non - conforming sign may not be: a) Changed to another non - conforming sign. b) c) d) e) parts, nor shall it be illuminated with any flashing or intermittent Exempted are time and temperature information. All displays light to be directed at oncoming traffic in y g such brilliance as to No device shall be illuminated in such a manner as to interfere sign or signal. This includes indoor signs which are visible from 6) Roof Signs are permitted provided they do not extend beyond the measured height of the ' gh building as defined by Section 401.02.B. of this Ordinance. 7) Any sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, g gh bs, spinners or similar devices (Except in case of Section 401.15.G.5.g). 8) Portable signs (except in case of Section 401.15.G.5.g.). 9) Signs and/or posters which are tacked onto trees, fences, utility poles or other such ermanent supports, except safety signs and signs found on fences (inside) p � ( ) of baseball parks. 10) Signs painted directly on building walls (wall graphics). 11) Signs which advertise an activity, business, product or service no longer produced or conducted g P don the premises upon which the sign is located. Where the owner or lessor of the remises is seeking remain in place for not p g a new tenant, such signs may p more than thirty (3 0) days from the date of vacancy. 12) Temporary window signs used for the purpose of advertising goods and/or services to the extent not permitted in 401.15.G.6.a.10). The following are non - conforming signs: 1) Advertising Signs. (Exceptions: Temporary window signs and signs which advertise non-profit ons imposed within the z corporations). Said signs shall be limited to the sizes and restricts p zoning district in which the use is located and the other applicable provisions of this Ordinance. 2) Prohibited Signs. 3) Other Signs. All other signs not prohibited that do not conform to the p rovisions of this Ordinance. Structurally altered except to bring into compliance with the provisions of this Ordinance. Expanded. Re- established after its discontinuance for fourteen (14) days. Repaired or otherwise rehabilitated, except to bring into compliance after damage of more than fifty (50) percent of sign market value. 2) If any property use or business changes ownership, all signs on that property including any sign g y gn identifying a business no longer in existence, shall be brought into conformance within thirty (30) days. 3) All non - conforming and prohibited signs created by this Ordinance shall be removed or brought into conformity with this Ordinance within g ty the followin time periods: a) Any sign in violation of Prohibited Signs: One (1) year. b) For all other non - conforming signs: Five (5) years from the date of the enactment of this Ordinance. 4) Non - Conforming Signs Existing Prior to this Ordinance. Except as otherwise provided herein, the provisions of this Ordinance are not intended to alter, diminish, increase or otherwise modify any rights or liabilities imposed upon non - conforming or prohibited signs existing prior to this Ordinance's effective date. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the effective date of this Ordinance is not affected by its enactment. 5) Non - Conforming Sign Maintenance and Repair. Nothing in this Ordinance shall be construed as relieving the owner or user of a legal non- conforming sign or owner of the property on which the legal non - conforming sign is located , Section the provisions of this Ordinance regarding safety, maintenance, and repair of signs contained in e P gn ctlon 401.15.G.7.a. of this Ordinance. Provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more non- conforming or the sign shall lose its legal non - conforming status. 6) Updating Non - Conforming Signs. Any person requesting to update a sign on a premise that contains legally non - conforming signage must, as part of the update, bring twenty (20) percent of the existing signage into conformity. c. Non - Conforming Uses. In cases where a use is legally non - conforming based upon the Oak Park Heights Zoning Ordinance, all existing or proposed signs shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the use is allowed. 8. District Regulations. (See Sign Tables on the following pages) a. R -1, R -1 A, R -1 B, R -1 C, Single Family Residential and R -2, Low to Medium Density Residential Districts. Only one (1) sign per principal use may be erected on the subject property. This may be either: 1) Freestanding. Not more than forty (40) square feet nor higher than six (6) feet; or 2) Wall, Canopy or Marquee. Not more than eighteen (18) square feet nor higher than the top of the parapet wall or eave. b. 0, Open Space Conservation and R -3, Multiple Family Residential Districts. Only one (1) sign per principal use may be erected on the subject property, except on properties containing multiple family dwellings of three (3) or more dwellings, which may have one (1) project identification sign per entrance to the project, but in no case shall there be more than four (4) such signs for any one (1) project. Signs within these districts are subject to the following conditions: 1) Freestanding. Not more than twenty -four (24) square feet nor higher than eight (8) feet; or 2) Wall, Canopy or Marquee. Not more than twenty -four (24) square feet nor higher than the top o the parapet wall or eave. • ib c. R -B, Residential Business and B -1, Neighborhood Business Districts. Only two signs ' upon the subject r . y 2 () g per principal use may be erected u p property, subject to the following conditions: 1) Freestanding. Not more than forty (40) square feet nor higher than eight (8) feet; or 2) Walls, Canopy or Marquee. Not more than forty (40) square feet nor higher than the top p of the parapet wall or eave. d. B -2, General Business and I, Industrial Districts. Only two (2) signs per principal use, except � P P P p on corner lots which may have two (2) wall signs, subject to the following conditions: 1) Only one (1) freestanding sign will be permitted with a maximum of one hundred fifty 150 fty ( )feet or fifteen (15) percent of the front building facade, whichever of the two is less. The freestanding sign will not exceed a height of thirty u (30) feet. 2) Only one (1) sign on wall, canopy or marquee will be permitted, with a maximum area of one hundred fifty (150) square feet or fifteen (15) percent of the front buildin g facade, whichever of the two is less. Signage consisting of individually outlined alphabetic, numeric and symbolic characters without background except that provided by the building P P y in surface, may be increased by i the building surface, may be increased by twenty -five (25) percent of the allowable sign area provided it does not exceed one hundred fifty (150) square feet. ftY C ) q An individual sign may not exceed the height of the parapet wall or eave. 3) On a corner lot, each facade facing a public right -of -way may have one 1 O wall sip. Both the front and side facade may be counted when determining sign area. Total area of both signs shall not exceed the requirements established in provision (2) above. e. CBD, Central Business District. Only two (2) signs per principal use, except on corner lots which may have two (2) wall signs, subject to the following conditions: 1) Only one (1) freestanding monument sign will be permitted with a maximum of forty 40 g t of eight (8) feet. ( ) square feet and a height � O et. Only one (1) sign on wall, canopy or marquee will be permitted, with a maximum area of one hundred (100) square feet or ten (10) percent of the front building facade, whichever of the two is less. Signage consisting of individually outlined alphabetic, numeric and symbolic characters without background except that provided by the building surface, may be increased by the building surface, may be increased by twenty-five (25) percent of y ty ( ) p the allowable sign area provided it does not exceed one hundred (100) square feet. An individual sign may not exceed the height of the parapet wall or eave. 3) On a corner lot, each facade facing a public right -of -way may have one wall sign. Both the front and side facade may be counted when determining sign �n area. Total are of both signs shall not exceed the requirements established in provision (2) above. * Amended Ord. No. 98- 401 -04, 11 August 1998 Identi- Canopy Temp Perm fication Marquee Window Window Wall Address Direction Political 25%' 25 %' 25 %' 150 50 -- 150 100 150 25 %' 25 %' 2 25 %' R-1/R-2 R -3 R -8 25 %' Con- struction Property Sale or Rental 32 12 32 4 50 32 50 32 50 32 50 32 50 32 50 32 50 32 50 32 B -1 B -2 SIGN TYPE AND MAXIMU M GROSS SURFACE AREA IN SQUARE FEET Percentage based upon total window area Percentage based upon front building facade 150 square feet or 15% of front building facade whichever ' 100 square feet or 10% off chever Is less front building facade whichever is Tess Or 15% of the front building facade whichever is less SIGN TYPE AND MAXIMUM HEIGHT IN FEET Zoning Freestand- Identifica- Canopy District ing lion pY, arquee, Wall Address Motor Fuel Station-price Display Top of parapet wall or eave 0 R -1 /R -2 R -3 8 feet 5 feet 6 feet 5 feet 5 feet 8feet 5 feet 8 feet 5 feet 30 feet 5 feet 20 feet Top of parapet wall or eave Top of parapet wall or eave 5= arm: pet of araet wall or eave 5 feet Top of parapet wall or eave 5 feet Top of parapet wall or eave 5 feet Top of parapet wall or eave 3.5 inches 3.5 inches 3.5 inches 3.5 inches 3.5 inches 3.5 inches 3.5 inches 3.5 inches 30 feet Top of parapet wall or eave Top of parapet wall or eave Both tables Amended Ord. 99- 401 -01 26 a January 1999 3.5 inches 3.5 inches 8 feet 8 t ` 9. Special District Regulations. The following regulations refer to certain signs in all appropriate unless otherwise specified. � pp opriate zoning districts Es• a. Motor Fuel Station. Signs for motor fuel stations shall be regulated by the single occupancy business � P Y structure sign provisions for the zoning district in which the station is located. In addition, motor fuel stations may also display signs which identify current fuel prices and car wash facilities. If fuel g rices are displayed, all fuel prices must be depicted. Said signs shall be limited P P united to a maximum of sixteen (16) square feet each and shall be limited to a maximum height of eight (8) feet. This additional sign area, however, shall be counted against the maximum allowable sign area for the subject property. b. Multiple Occupancy Business and Industrial Structures. When a single principal buildin g is devoted to two (2) or more businesses or industrial uses, a comprehensive plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the P lan is consistent with the following regulations. Said plan shall be subject to the review and approval of the City Council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow and require the owner of a multiple occupancy structure to determine the specific individual sign requirements for the tenants of the structure. As sign locations and size, etc., may be of significant importance in lease arrangements between owner and tenant, it is the City's intention to establish general requirements for the overall structure only, thus providing the building owner with both the flexibility and responsibility to negotiate with individual tenants on their specific sign needs. 1) The maximum individual sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single or double occupancy structures in the same zoning district. * 2) Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions in Section 401.15.G. 5. of this Ordinance. Individual freestanding signs identifying the tenant's business shall not be displayed. 3) Except as provided in paragraph (4) below, individual tenants of multiple occupancy structures shall not display separate identification signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance and each sign shall be limited * Amended Ord. No. 97- 401.02, October 14,1997 to the maximum wall size sign permitted in the district. Said signs shall be located only on exterior walls which are directly related to the use being identified. 4) In any multiple occupancy structure qualifying as a shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be resolved during the site plan review process. Attention shall be given to the possible number of tenant or occupancy bays which may be served by the common public entrance for which the directory sign is intended. 10. Maintenance and Inspection. a. Maintenance. All signs. together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds. Notice shall be given to the Building Official of any change in sign user, sign owner or owner of the property on which the sign is located. b. Inspection. All signs for which a permit is required shall be subject to inspection by the Building Official. The Building Official, or designated agent, are hereby authorized to enter upon any prope rty or premises to ascertain whether the provisions of this Ordinance are being obeyed. Such entrance shall be made during business hours unless an emergency exists. The Building Official may order the removal of any � si that is not maintained in accordance with the maintenance provisions of this Ordinance. 11. Permit and Variance Procedures. a. Permit Issued if Application in Order. It shall be the duty of the Zoning Administrator upon the film of P g an application for a permit to examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign. If it shall appear that the proposed P PP p p structure is in compliance with all the requirements of this Sign Ordinance and all other laws and ordinances of the City of Oak Park Heights, the permit shall then be issued. If the work authorized under a permit has not been completed within sixty (60) days after the date of issuance, the permit shall be null and void. 1.0 46 4t) b. Variances. In order to provide additional flexibility in the enforcement of this Ordinance and to alleviate hardship and injustice, the City Council, serving as the Board of upon Adjustments and Appeal, may, u application, g P PP , grant a variation from the terms of this Ordinance. Upon application, therefore, from the person seeking permit for the erection or installation of a sign, g a P gn, the request for variance shall be processed in accordance with applicable provisions of the Oak Park Heights Zoning Ordinance, as may be amended. g Additionally, the City Council serving as the Board y � rd of Adjustments and appeal, shall make a finding of fact that an undue hardship or injustice exists if a variance were not granted and therefore, may grant such variations based upon consideration of the following: 1) That particular physical surroundings, shape or topographical conditions of the specific parcel of land involved exist. 2) That the condition involved is unique to the particular parcel of land involved. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value of income potential of the business involved. . 0 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the police and fire departments of the City. c. Fees. Fees for the review and processing of sign permit variance requests shall be changed in accordance. with the provisions of Section 401.08 of this Ordinance. • • Rainb Foods 8000 Excelsior Boulevard Hopkins, MN 55343 June 21, 2001 Ms. Kris Danielson Community Development Director City of Oak Park Heights 14168 Oak Park Boulevard M.,4 f: Oak Park Heights, MN 55082 -3007 Re: Field Construction Changes/Nighttime Fuel Deliveries /Screening of Transformer Rainbow Fuel Center -Oak Park Heights, MN Dear Ms. Danielson: Thank you for your timely assistance in addressing the field construction changes relating to relocation of the fuel tank. Rainbow Foods, Fleming Companies and RLK- Kuusisto, Ltd. apologize for any inconvenience the recent fuel center field construction changes may have caused City staff. On another note, Rainbow Foods would like to acknowledge that fuel deliveries for the Oak Park Heights facility would take place during the Center's non -peak hours. Additionally, we are aware that the electric transformer for the fuel center is significant in size and we will work with the City Arborist to ensure that appropriate plant materials /screening is implemented. Again, thank you for your assistance addressing yesterday's construction issues. Please do not hesitate to contact me with any questions or concerns. Sincerely, Rainbow Fo&ds Larry Sharp Cc: Brian McFadden, Preconstruction Development Services Brian Lake, Fleming Companies Tyler Seamons, Fleming Companies Joe Samuel, RLK- Kuusisto, Ltd. Steve Schwanke, RLK- Kuusisto, Ltd. G:\ Minnetonka_Data \Preconstruction Development Services\2001- 256 - M\Stillwater- OPH -13 \Correspondence \Ltr Sharp to City 6- 21 -01.doc FROM : Goldridge Group PHONE NO. : 763 577 1540 • IiiGOLDRIDGE GROUP MINNESOTA,LLC July 10, 2001 City of Oak Park Heights Ms. Kris Danielson 14168 Oak Park Blvd. Oak Park Heights, MN 55082 RE: Site Lighting at Stillwater Ford Dear Ms. Danielson: Jul. 10 2001 04 : 44PM P1 We appreciate your efforts to coordinate the meeting between Goldridge Group and the City of Oak Park Heights on June 27` I feel as a result of our meeting we have a direction that will finalize some of the issues at hand. It is our intention to apply for an amendment to the CUP with a new light plan design. I will be working with our light manufacturer over the next two weeks and schedule a review of our plans prior to application. Brad Coats Project Development 3021 Harbor sane, Suite 206 • Plymouth, Minnesota 55447 612 -557 -9445 • Fax 612- 577 -1540 • VIA- •=AX Gs t MEMO JUL 1 0 200I 1.0: Oak Heights City Council, Planning Commission & Planning Dept. Oal�, Park He gh ty OM: Jeanne Anderson, your Stillwater neighbor DATE 7/9/01 Proposal - "SubArea Study" " & Proposal for OPH to sign a Resolution y 36 from 5 to the river with no more than a 45 I am proposing a parkway fo r Highway mph speed l�.mit • , instead of the MN D OT proposed 55 mph freeway. All of my neighbors on 3 td and 4 Streets in Stillwater whom 1 have spoken with seem to agree. And that was the clear consensus • w t 's June 11 of the neighbors who attended Stall a er , 2001 Planning Commission Meeting where MN DOT made their proposal. hes our goal of leaving the Greeley Street access to HWY 36 The parkway concept accomplishes g g , at traffic will not be dumped on our 2 streets and endanger our children open, so that all of that p walking to school and ruin our existin g, i historic neighborhood. This is due to the fact that by a lower speeds allow more accesses to HWY 36. accomplishes a friendly welcome to all who travel to or through our 2 adjoining towns. It also acconrp Y Landscaping, such as trees grassy ees in the median areas, could make it a pleasant experience for y all of us. In addition, a ' n plan accomplishes easier travel for the residents of each of our towns parkway y p accom P to visit each other for attending g visit ndin the High School and events there, shopping, visiting and city meetings attending each other's ci council meetin (I am jesting a bit, but you get the idea). Since we are really town, geographically re neighbors and a reall one town speaking, especially if you study the g P jurisdictional bo unda ry between our cities, 1 see no good conning out ofa fast freeway further dividing us. So, it would be more friendly between us as neighbors as well Th ere are parkways r arkwa s all over the country. There is no reason why we should let MN DOT force abg freeway upon i u us when a parkway is a much better choice for the residents of both Oak P ar Park Heights and Stillwater. I think the freeway idea only benefits commuters, such as Wisconsin folks to olks traveling jobs in St. Paul or Minneapolis. Maybe they should enjoy the view instead of just ) P hurtlin g through space on a freeway which has a very negative impact for those who live here. For your information, l am enclosing a letter 1 wrote to the Stillwater Planning Commission for its meetin g tonight, July 9, 2001, where 1 ask them to add 3 points to their proposed Management Resolution which they are going to recommend the Stillwater City Council adopt and hand over to MN DOT. I request that the City Council of Oak Park Heights consider also adopting a similar Resolution, which adopts the 3 points f make in the attached letter: 07/07/2001 15: 57 4309930 07/09/2001 09:40 4308910 WR MEDICAL CITY OF ST I LLWATER 8• Cie No. V /01 -34. A variance to the gluilandighortland front yard setback (30 feet over required, 24 feet requested) for the construction of a 20' x 24' deck and stairs on slopes of Blut2l�ta orel�nd District. m g�,� the RA, Single Fundy Residential District and the Dressler, applicant. 9. Gas No. SUP /Ol -35. A special use permit for a parking sot sign at the Linden health care center location between 303 and 321 North Fourth Street In the RB Two Family Residential District Dana Johnson and Bill 9dberlioh. representing Linden Health Care Center, applicants. Other Items -Consideration of TH 36 Interregional Management Plan (resolution) -Comprehensive Plan Review -Discussion of possible amendment to the Pence Ordinance PAGE 06 PAGE 02 • • • Memo • • ,07/09/2001 09:40 4308810 CITY OF STILLWATER PAGE 03 To: Planning Coavmiseion Proms Steve Rummell, Community Development Director Date: July S, 2001 Subject: Trunk Highway 36 Corridor Management ply Resolution Attached is a draft resolution supporting the corridor planning process indicating the importance of balancing various regional and local concerns and a pledge of full participation in the corridor and IRC putnoxsh{p study. At mooting time, the Commission can discuss the resolution, make changes as appropriate and recommend it to the City Council lo forward to MnDOT. Attachment: Revolution @7/7/2@O1 09330 �+ /' tJd �UUL 15: VJ . `.0 43 -� 2Miu WR MEDICAL PAGE 08 ` r'.tz. u L+ l t Y Ur j 1 11.x. W t GM bank Highway 36 Corridor Management Resolution Whereas, Trunk HiBb„ay 36 provides the rnajer madway access traveling to and from the Twin Chia and for region visitors � oVe f � t� Stillwater residents area: and Whereas, the continued growth areas along the TH 36 corridor if adversely effect the performances, eatery experienced and congestion ; unmanaged can P eased by highway users; end Whereas, the City of Stil}wster is located directly north of the corridor and is effected by traffic using the highway; and Whereas, it is critical that a long term vision for the nitre of TH 365 bo developed that balances regional and local accen needy and maintains the quality of neighborhood in existing areas adjacent the candor. Whereas, it is critical for the City of Stillwater to actively participate in the planning for yp � F � the vision of the corridor and particularly its act on the City tY of Stillwater. Whereas, many questions have been raised regarding the specific effects of the TH 36 corridor plan on Iocal residents that have not been adequately studied and addressed; and Whereas, a IRC partnership planning study is currently being developed and will provide additional design detail and impact analysis for the TH 36 corridor from Country Road 5 to Trunk Highway 95. NOW, THEREFORE, BE IT RESOLVED, thit the City of Stillwater supports sound, long range transportation planning that balances regional needs with local needs and impacts and provides a basis for plan implementation at the state, county and local levels. FURTHER, BE IT RESOLVED, that the City of Stillwater pledges its full support and participation, in a planning process that provides the needed filets to Billy evaluate plan alternatives in developing a consensus vision for the TH 36 corridor. Dated this 9th day of July, 2001. CITY OF STILLWATER PLANNING COMMISSION Chairperson ATTEST: • Steve Russell, Community Development Director • • • Page 4 / wKir ivy w,� �/vivt C e- •OPINION City sh u d ' olntsupport Highway 36 cor rldor plan The city of Stillwater, as are other communities along Highway 36, is being asked to pass a resolution in support of the Minnesota Department of Transportation's Highway 36 corridor management plan. The stated mission of the plan Is to allow traffic to proceed at an average speed of 55 mph between 1694 to the St. Croix River. Not surprisingly, in or- der to accomplish that goal, several existing access points, and traffic lights, will have to be eliminated. Down the road apiece, the plan calls for the elimination of the Hilton Trail access/light, not too popular with folks liv- ing in the Mahtomedi area. Here in Stillwater, MnDOT is proposing to close the access at Greeley Street. Talk of closing Greeley Street has stirred up a hornet's nest of op- position from folks who live in the South Third/South Fourth streets neighborhood who are concerned about the addi- tional traffic that will use the Osgood Avenue (Fourth Street) access should Greeley be closed. We can certainly understand the opposition. Third and Fourth streets currently are used as a shortcut from High- way 36 to Chestnut StreeVMyrtle Street to avoid the traffic bottleneck in downtown Stillwater. Sometimes the traffic backed up on Third Street during Andersen shift changes or on Friday afternoons in the summer is as bad as it is on Main Street. Closing Greeley would certainly exacerbate that problem, But just because a change will create more traffic in a particular neighborhood isn't a reason to oppose MnDOT's plan. Any change will create more traffic on some streets in town, and any change won't be to the liking of some resi- dents. The fact that one neighborhood is more vocal in its opposition -than another shouldn't enter into the decision - making process. However in this ins there are some real logical reasons, as were pointed out in a recent public hearing on the issue, for disagreeing with MnOOT. First and foremost, there's a public safety issue involved with access to Lakeview Hospital should Greeley be closed. Also, Greeley Street is primarily a commercial strip from Highway 36 to Churchill Street, with few single- family residences that would be impacted by closing off a different access point. The Third/Fourth streets neighborhood, on the other hand, Is primarily single - family, with kids walking to any of four schools in the area -- Oak Park Elementary, Stillwater Junior High, St. Croix Catholic and Salem Lutheran schools. An- other important consideration Is the fact that Greeley Street comes as close to being a through north/south street as there is in the entire city of Stillwater. We'd agree that MnDOT's position is flawed, and that the city of Stillwater shouldn't support the existing plan. We'd also suggest that it behooves the city to stay closely involved with MnDOT and the other corridor municipalities as the planning process continues. There was one other Interesting point raised during the public hearing, a point we think deserves some considera- tion. Perhaps, the 55 mile- per -hour goal is flawed. What's wrong with averaging 45 mph for 10 or 15 miles? Maybe a slow go is the price we have to pay to enjoy living in the St. Croix Valley, d' • Cuddly ci - There goes one, my wife yet the breakfast table. 1 grunt, which usually serves i tding when 1 really Jut about. • "There's another one." she say her scat. ready to hop osit of 1ti shotgun in hand. I took up from the daily ,sews glimpse of a rabbit hopping for toward my wife and nonce v luo her eyes. There was a time (about a yes very same little grey bunny rabi Julie's lips. She truly loved those little c country. They were part of the o• out-of-town lift. Julie loved bunnies so much t porcelain rabbit statues, which living room. kitchen and bathroa There's the leaping bunny oa rabbit on the fireplace hearth. ar the floor in the bathroom. What a difference a year makes Now that we've been through bunny craze has shifted. These t viewed as annoying pests that pr; fruits that are emerging in the fai And this year the extended backyard is getting fat. Thcy arc when faced with a human being eyes. They do scurry along when clapping her hands loudly and retreat. Of course, our kids have straight out of the yard, not kn rampage over uncleared bedroo, s getting to be a flat -out ob 07/07/2001 15:57 430930 WR MEDICAL We the residents of south third street in Stillwater ask that the Stillwater Planning Commission not accept the current MNDOT highway 36 plan to close off Greeley from highway 36 and divert Greeley traffic to Osgood and third and fourth streets. This will make a bad traffic situation terrible on these streets, endanger our school children and ruin our neighborhoods. We ask that the planning commission endorse the original MNDOT plan to open Greeley and close off Osgood. Name 1 L ied.e ) b4dress r 7 /9 3 rck(5 u:CC. .►'t �/ / ' 4 rcit, PAGE 10 • Aciat-t-sS 07/07/2001 15:57 4309930 e ‘k We the residents of south third street in Stillwater ask that the Stillwater Planning Commission not accept the current MNDOT highway 36 plan to close off Greeley from highway 36 and divert Greeley traffic to Osgood and third and fourth streets. This will make a bad traffic situation terrible on these streets, endanger our school children and ruin our neighborhoods. We ask that the planning commission endorse the original MNDOT plan to open Greeley and close off Osgood. &an WR MEDICAL PAGE 12•' • " 1 13 1 /k r ) 1 1 t ' 5 • t_4 3 —9S t i'6 We the residents of south third street in Stillwater ask that the Stillwater • Planning Commission not accept the current MNDOT highway 36 plan to close off Greeley from highway 36 and divert Greeley traffic to Osgood and third and fourth streets. This will make a bad traffic situation terrible on these streets, endanger our school children and ruin our neighborhoods. We ask that the planning commission endorse the original MNDOT plan to open Greeley and close off Osgood. • • Nang 727, 47.. &‘ ,/, /338 S Address 12, /33r / 333 50 , 12?0 GLic 3k s Fy� 7 Soy S. 3 ' 1 E Sf N rod • 07/07/2001 15:57 rii9. - -() --- We the residents of south third street in Stillwater ask that the Stillwater Planning Commission not accept the current MNDOT highway 36 plan to close off Greeley from highway 36 and divert Greeley traffic to Osgood and third and fourth streets. This will make a bad traffic situation terrible on these streets, endanger our school children and ruin our neighborhoods. We ask that the planning commission endorse the original MNDOT plan to open Greeley and close off Osgood. Nan 4309930 WR MEDICAL Adikes§ /CO kik G. 1407 SO Itit-JoIN4 t■\ AA I PAGE 14' • D I / fie'rtz- c., . 3 ro 4 3 0 -9,_s90 We the residents of south third street in Stillwater ask that the Stillwater Planning Commission not accept the current MNDOT highway 36 plan to close off Greeley from highway 36 and divert Greeley traffic to Osgood and third and fourth streets. This will make a bad traffic situation terrible on these streets, endanger our school children and ruin our neighborhoods. WE OT 1 II • 1 1• •• ► 1LI• $ � 1 S Nam.c Address 07/07/2001 15:57 4309930 e We the residents of south fourth street in Stillwater ask that the Stillwater Planning Commission not accept the current MNDOT highway 36 plan to ---) close off Greeley from highway 36 and divert Greeley traffic to Osgood and third and fourth streets. This will make a bad traffic situation terrible on these streets, endanger our school children and ruin our neighborhoods. ` We 1 e 7"."") ask that the planning commission endorse the original MNDOT plan to open Greeley and close off Osgood. Name ahit e, far WR MEDICAL PAGE 16' Address 4 St. 9 a — So u' 5\ LDJO±h 5 1 t 2 V f / V ( / LVVl • We the residents of south fourth street in Stillwater ask that the Stillwater Planning Commission not accept the current MNDOT highway 36 plan to close off Greeley from highway 36 and divert Greeley traffic to Osgood and third and fourth streets. This will make a bad traffic situation terrible on these streets, endanger our school children and ruin our neighborhoods. We ask that the planning commission endorse the original MNDOT plan to open Greeley and close off Osgood. • Name lJ• J "►JC.��JJV Wf� IfIG1J 11aoi -11,., &Islam 39 /3'/ 544 vr,,,a- gezCnr? f4 (3a> .f /3 °7 S .yr. Sf- r'Atat 1