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CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING AGENDA
Thursday, November 4, 2004 7:00 p.m.
7:00 I. Call to Order:
II. Approval of Agenda
III. Approve Minutes of October 14 2004 (1)
N. Department /Commission Liaison Other Reports:
A. Commission Liaison:
B. St. Croix Crossing Update:
C. Other:
7:15 V. Visitors /Public Comment:
This is an opportunity for the public to address the Commission with questions or concerns
regarding items not on the agenda. Please limit comments to three minutes.
VI. Public Hearings:
A. Kowalski's: To consider requests for Site Plan, Design Standards Review
and Signage Variance for construction of Kowalski's Market within former
grocery retail tenant space at 5801 Neal Ave. N. (2)
VII. New Business:
A. 2005 Meeting Dates Council Representation Schedule: Review and
adopt 2005 Schedule. (3)
VIII. Old Business:
IX. Informational:
A. Next Meeting: December 9, 2004 Regular Meeting 7:00 p.m.
B. Council Representative: November Commissioner Liljegren
December Commissioner Wasescha
January '05 Vice Chair Runk
X. Adjournment
CITY OF OAK PARK HEIGHTS
PLANNING COMMISSION MEETING MINUTES
Thursday, October 14, 2004
ENCLOSURE 1
Call To Order: Chair Dwyer called the meeting to order at 7:00 p.m. Present: Vice Chair
Runk, Commissioners Liljegren, Oswald and Wasescha. City Planner Richards, City Administrator
Johnson and Commission Liaison McComber.
Approval of Agenda: Commissioner Oswald, seconded by Commissioner Liljegren, moved
to approve the Agenda as presented. Carried 5 -0.
Approve Minutes Commissioner Oswald, seconded by Commissioner Liljegren, moved to
approve the Minutes of August 12, 2004 as presented. Carried 5 -0.
Department /Commission Liaison Reports /Other Reports:
A. Commission Liaison:
B. St. Croix Crossing Update: Commission Liaison McComber reported that the City
Council would be holding a work session on Monday, October 18th at 4:00 p.m. at the Oak
Park Heights City Hall and would then be reconvening its October 12th City Council
meeting, at approximately 6:45 p.m., for continued discussion of the issue.
McComber also reported that meetings are scheduled for Tuesday and Wednesday, October
26th and 27th at Stillwater City Hall from 9:00 a.m. to 4:30 p.m.
C. Other:
Visitors Public Comment: There were no visitors to the meeting other than those present for
items upon the published Agenda.
Public Hearings:
A. Zoning Ordinance Text Amendment To consider amendments to Oak Park Heights
Zoning Ordinance, Section 401.15.A as it relates to non conforming buildings, structures,
uses and lots. (2)
City Planner Richards reviewed the October 7, 2004 planning report regarding sections of Zoning
Ordinance Section 401.15.A and discussed the proposed amendments; the first being to Section
401.15.A.7 to reflect the changes in Minnesota State Statues relating to non conformities, noting
that the approved law essentially provides the owner of a property the right to reconstruct and
restore a non conformity once it has been destroyed by fire or other peril within 180 days after the
occurrence.
City Planner Richards noted that Section 401.15.A.9 relating to maintenance and alterations required
amendment, allowing greater flexibility in allowing non conformities to expand, as long as the non-
conformity is not increased. Richards explained the changes proposed for this section, adding that
many other cities have adopted similar language to address requested changes to a non conforming
property or use.
Chair Dwyer opened the public hearing for comment.
Brief discussion ensued as to the legislative changes, modification of local ordinance language and
what affect the amendment would have on the City's flexibility to require conformance when
necessary.
There being no others present, wishing to address the Commission on the request, Vice Chair Runk,
seconded by Commissioner Oswald, moved to close the public hearing. Carried 5 -0.
Chair Dwyer, seconded by Commissioner Liljegren, moved to recommend City Council approval
subject to City Planner recommendations and per the October 7, 2004 Planning Report.
Carried 5 -0.
New Business:
Old Business:
Informational:
A. Next Meeting: November 4, 2004 7:00 p.m. Regular Meeting
B. Council Representative: October Chair Dwyer
November Commissioner Liljegren
December Commissioner Wasescha
Adjournment: Chair Dwyer, seconded by Commissioner Liljegren, moved to adjourn at 7:16
p.m. Carried 5 -0.
Respectfully submitted,
Julie A. Hultman
Community Development
Approved by the Planning Commission:
Planning Commission Minutes
October 14, 2004
Page 2 of 2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.2,31 .2555 Facsimile: 763.231.2551 planners nacpla nning. m
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: October 28, 2004
RE: Oak Park Heights Kowalski's Market Site Plan, Design
Standards Review, and Signage Variance
FILE NO: 798.02 04.13
BACKGROUND
Kowalski's Market has made application for a site plan review, Design Standards
review, and signage variance for the former Rainbow Foods store located at the Oak
Park Ponds Shopping Center on 58 Street and Neal Avenue North. Kowalski's will
remodel approximately two- thirds of the Rainbow store space for a full service grocery
and deli. The secondary tenant has yet to be identified. The proposed changes to the
site and building are primarily in the front/west facade of the building. The parking lot in
front of the store will not be changed.
The site plan review will focus on the building frontage with the changes to the curb line
and the additional landscaping that will be added. Design Standards review is confined
to the front of the building and to a portion of the northwest corner in which a new
facade will be constructed. The secondary tenant space will also be improved with a
new facade.
A signage variance is requested to allow Starbucks, which will be located in the
Kowalski's Market, to advertise on the west and north facades of the building in
combination with the proposed Kowalski's signage. The applicants have proposed
updating the existing pylon signage in conformance with the Zoning Ordinance signage
p g
allowances.
Attached for reference:
Exhibit 1: Site Plan and Details /Landscaping
Exhibit 2: Building Elevations and Sign Plan
Exhibit 3: Proposed Floor Plan
Exhibit 4: Lighting Details
ENCLOSURE
ISSUES ANALYSIS
Project Background and Information. The Rainbow Foods and Oak Park Ponds
development approvals were granted in 1997. At that time, the City granted variances
to allow for the Rainbow wall signs and the three monument signs for the development.
The original pylon sign was in conformance with the sign requirements in place at that
time. In 2001, a conditional use permit, an amendment to the planned unit
development, and a sign variance was granted to allow the construction of a fuel service
center in the parking lot in front of the Rainbow Foods store. Following the closure of
the Rainbow Foods store, the fuel service station and tanks were removed and the
parking lot was restored. The conditional use permit has expired for the fuel station and
signage allowances.
Comprehensive Plan. The Proposed Land Use Map guides the subject property for
commercial use.
Zoning. The site is zoned PUD, Planned Unit Development. The PUD, as approved,
utilizes the B -2, General Business District as the basis for land use and performance
standards approvals. Retail sales is a permitted use of that district. The original PUD
also allowed for outdoor garden and landscape sales. That would be carried through for
the proposed Kowalski's application.
Parking /Access. The Oak Park Ponds Shopping Center was originally constructed
with a total of 611 parking stalls. When the fuel station was constructed, 32 parking
stalls were lost. Additionally, the seasonal garden center occupies approximately 50
stalls. With restoration of the parking lot after the fuel station removal, the stall count is
back to 611 stalls. A total of 443 stalls are required by Zoning Ordinance for the Oak
Park Ponds development. There are no parking issues with replacement of the
Rainbow Foods store with a Kowalski's Market and the additional tenant retail space.
The City Engineer has recommended that the curb line in the parking lot be restored to
its original configuration before the fuel station was constructed. Currently, there is a
jog in the drive lane that should be corrected. The site plans should be revised and the
parking lot changes subject to review and approval of the City Engineer.
Site Changes /Front of Building. The site plan for Kowalski's front entrance includes
a change in the curb line, a new sidewalk treatment, and landscape beds. Additionally,
an exterior sitting area will be provided as well as a seasonal floral sales area. All of the
proposed components will provide a more attractive entrance to the store which will be
consistent with the Design Standards.
The landscape plans are subject to review and approval of the City Arborist.
Lighting. The elevations of the building indicate the addition of decorative Tight
fixtures. Exhibit 4 indicates the proposed fixture style. The Planning Commission and
City Council should comment on the fixture in that it does not comply with the full cut off
requirements of the Zoning Ordinance. The City Council could allow the fixture under
2
the provisions for architectural Tight fixtures (Section 401.15.B.7) in that their purpose is
decorative and not to provide significant site lighting.
Signage. The Kowalski's store would be allowed, by ordinance, two wall signs, each
on different facades, with a total of 500 square feet of total signage. The elevation
plans indicate the total proposed signage of the west facade would be 77 square feet;
on the north it would be 65 square feet.
The applicants are requesting two separate signs for each of the two facades, thus
requiring the sign variance. Two signs will advertise Kowalski's, the other two would
advertise Starbucks Coffee. The tenant space would also be allowed one wall sign with
up to 500 square feet of signage, although it is unlikely that the future tenant would
request that amount.
As part of the Kowalski's redevelopment, United Properties has proposed updating the
existing pylon sign for the shopping center. Kowalski's signage will be featured on the
pylon as will the second tenant. The sign will be increased to 40 feet in height and the
total signage would be approximately 196 square feet, in compliance with the
Destination Retail Highway Sign District allowances. The pylon sign will be developed
with a landscaped planter base. The sign would be in compliance with all of the Sign
Ordinance requirements.
Section 401.04.A.5 of the Zoning Ordinance states that a variance from the terms of this
ordinance shall not be granted unless it is demonstrated that:
a. Undue hardship will result if the variance is denied due to the existence of special
conditions and circumstances which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the
same district.
b. Literal interpretation of the provisions of this Ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms
of this Ordinance or deny the applicant the ability to put the property in question to a
reasonable use.
c. The special conditions and circumstances causing the undue hardship do not result
from the actions of the applicant.
d. Granting the variance requested will not confer on the applicant any special privilege
that is denied by this Ordinance to other lands, structures or buildings in the same
district under the same conditions.
e. The request is not a result of non conforming lands, structures or buildings in the
same district.
f. The request is not a use variance.
g. The variance requested is the minimum variance necessary to accomplish the
intended purpose of the applicant.
h. The request does not create an inconvenience to neighboring properties and uses.
The applicant is proposing to increase the number of signs for Kowalski's Starbucks to
four instead of the allowable two. The total requested size of signage is significantly
less than what is allowed by ordinance. The City has, in the past, granted a variance to
Rainbow to allow additional size and number of signs to address the lack of visibility of
the shopping center. The overpass of Highway 36 and 5 provides a significant visible
3
barrier for businesses in this shopping center, thus justifying a variance for number of
signs.
Design Standards Review. The Design Standards require that office and commercial
buildings contain at least three Grade 1 materials and be at least 65 percent Grade 1 or
Grade 11 materials. Glass must make up at least 20 percent of the building facade. The
proposed facade for both tenants will have Grade 1 materials consisting of brick, glass
and copper, totaling 60.7 percent of the total facade. Glass will total 36 percent of the
total facade. Staff finds the redesign in keeping with the overall standards and a
positive upgrade to the previous facade. The City Council can approve any variation
from the prescribed Design Standards requirements.
Loading/Trash Enclosures. The existing loading dock for product delivery and
trash /recycling removal will remain as is for the Kowalski's Market. For the secondary
tenant space, trash enclosures have been provided at the rear of the structure but they
are rarely used. The City will require the tenants of the retail center to utilize the trash
enclosures for the dumpsters. The City staff will work with United Properties to assure
that this is complied with.
CONCLUSION /RECOMMENDATION
Based upon the preceding review, City staff recommends that the following requests be
approved for the former Rainbow Foods store located at the Oak Park Ponds Shopping 110
Center on 58 Street and Neal Avenue North:
Site Plan Review
Design Standards Compliance
Signage Variance for Number of Signs
With the following conditions:
1. The curb lines of the parking lot be restored to the original layout, subject to
review and approval of the City Engineer.
2. The landscape plan is subject to review and approval of the City Arborist.
3. The Planning Commission recommends and the City Council approves the use
of the decorative light fixture on the building facade.
4. The building elevations are approved as proposed in the building plans in that the
facades will be consistent with the intent of the Design Standards.
5. The trash dumpsters shall be stored within the trash enclosures at all times within
the shopping center development.
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EXHIBIT 4
Meeting Date
January
February
March
April
May
June
July
August
September
October
November
December
06 January
Updated: October 25, 2004
PLANNING COMMISSION
2005
Regular Meeting Dates
Council Representation Schedule
Meetings are the 2nd Thursday of each month
Public hearing items are required to be submitted 30 days in advance of the
scheduled meeting date. This date is located in the 2nd column.
Public
Hearing Submittal
13 December 15, 2004
10 January 12
10 February 9
14 March 16
12 April 13
9 May 11
14 June 15
11 July 13
8 August 10
13 September 14
10 October 12
8 November 9
12 December 14, 2005
ENCLOSURE
Council Representative
Commissioner Oswald
Commissioner Dwyer
Commissioner Liljegren
Commissioner Wasescha
Commissioner Runk
Commissioner Oswald
Commissioner Dwyer
Commissioner Liljegren
Commissioner Wasescha
Commissioner Runk
Commissioner Oswald
Commissioner Dwyer
Commissioner Liljegren