HomeMy WebLinkAbout2004-11-09 CC Resolution #04-11-52and
WHEREAS, the City of Oak Park Heights has received a request from
Kowalski's Market for site plan review, Design Standards review, and signage variance for a
grocery store and retail tenant at the Oak Park Ponds Shopping Center on 58 Street and Neal
Avenue North; and after having conducted a public hearing relative thereto, the Planning
Commission of oak Park Heights recommended that the application be approved with
conditions. The City Council makes the following findings of fact and resolution:
follows, to wit:
and
RESOLUTION NO. 04-11 -- 5 2
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY KOWALSKI'S MARKET FOR SITE PLAN REVIEW,
DESIGN STANDARDS REVIEW, AND SIGN VARIANCE
FOR A GROCERY STORE AND RETAIL TENANT AT THE
OAK PARK PONDS SHOPPING CENTER
ON 58 STREET AND NEAL AVENUE NORTH
BE APPROVED WITH CONDITIONS
1. The real property affected by said application is legally described as
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
3. The subject property is zoned PUD, Planned Unit Development in which
the retail sales operations planned for this property are a permitted use;
4. The site plan review is required to consider changes to the front sidewalk
and curb line of the shopping center. Design Standards review is required for the facade changes
to the building; and
5. A signage variance is required to allow Starbucks, which is located in
Kowalski's Market, to advertise on the west and north facades of the building in combination
with the proposed Kowalski's signage. The request is to allow two additional wall signs on two
separate facades of the building; and
6. City staff prepared a planning report dated October 28, 2004, reviewing
the request for site plan review, Design Standard review, and the signage variance; and
7. The October 28, 2004 planning report recommended approval of the site
plan review, Design Standards review, and signage variance subject to the fulfillment of
conditions; and
8. The Planning Commission held a public hearing at their November 4,
2004 meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved subject to the fulfillment of conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by Kowalski's Market for site plan review, Design Standards
review, and signage variance for a grocery store and retail tenant at the Oak Park Ponds
Shopping Center on 5 8th Street and Neal Avenue North, and affecting the real property as
follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with
the following findings of fact for the sign variance:
1. The applicant proposes to increase the number of signs for Kowalski's/Starbucks signage
to four signs from the allowable two signs. Two signs will be on the west facade and two
signs will be placed on the north facade.
2. The total requested square footage of signage is significantly less than what is allowed by
the Zoning Ordinance.
3. The overpass of Highway 36 and Highway 5 provides a significant visibility barrier for
businesses in Oak Park Ponds Shopping Center, resulting in a hardship for advertising
this location.
4. Kowalski's and Starbucks are two separate entities within the same retail space not
resulting in a multi - tenant condition for calculating allowable signage.
The motion for approval was approved by the City Council of the City of Oak Park Heights with
the following conditions:
2
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.
6. The projection flood lighting attached to the parking lot light poles shall be removed and
not utilized within the shopping center.
2004.
Approved by the City Council of the City of Oak P
Eric A. ohnson, City Administrator
3
Beaudet, Mayor
eights this 9th day of November
Attachment A
Washington County GEO Code: 06.029.20.11.0011
Legal Description: Lot 2, Block 1, Oak Park Ponds Addition
Physical Address: 5 801 Neal Ave. N.
Required Approvals:
City Council
Variance - Lapse of Approval:
ATTACHMENT B
Site Plan Review, Design Standards Review and Sign Variance
Grocery Store and Retail Tenant
Kowalski's Market 5801 Neal Ave. N.
Application Materials
• Application Form
® Fees
• Plan Sets (3 Large Scale Sets /20 '11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
® Mailing List from Washington County (350'1150' from subject property)
Pre conference With City Staff : September 22, 2004
Conference With City Staff Upon Application Submittal: October 20, 2004
Planning Commission Public Hearing & Recommendation: November 4, 2004
VARIANCE
415
Unless the City Council specifically approves a different time when action is officially
taken on the request, the variance shalt become null and void twelve (12) months after
the date of approval, unless the property owner or applicant has substantially started
the construction of any building, structure, addition or alteration, or use requested as
part of the variance. An application to extend the approval of a variance shall be
submitted to the Zoning Administrator not less than thirty (30) days before the expiration
of said approval. (401.04.c.4.1 and 2)