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08-08-2002 Planning Commisson Meeting Packet
CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, August 8, 2002 - 7:00 PM 7:00 I. Call to Order II. Approval of Agenda III. Approve Planning Commission Minutes 1. July 11, 2002 (1) IV. Department / Commission Liaison Reports 1. Hwy. 36 Partnership Study: 2. Other Commission / Liaison Report(s): 7:15 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. VI. Public Hearings: A. Continued - 401 Ordinance Amendment: To consider amendment to City of Oak Park Heights Ordinance 401 as it pertains to signage. (2) B. Continued - Steve 86 Lynn Thron To consider request for variance for construction of garages for an apartment building at 14386 58th St. N. (3) C. Continued - Oakgreen Village Villas To consider requests for a planned unit development: concept plan and conditional use permit for the construction of a multi - family housing development, located north of 58th St. N. and west of Oakgreen Ave. N. (4) D. Renton Homes: To consider a planned unit development: concept and general plan, preliminary and final plat requests for construction of 12 townhomes within the Central Business District. (5) VII. New Business VIII. Old Business 1. Party in the Park - Thank you. IX. Informational X. Adjournment • Upcoming Meetings: September 12, 2002 - Regular Meeting -- 7:00 PM Council Representative: August - Commissioner Vogt September - Commissioner Dwyer Memo City of Oak Park Heights To: Planning Commission Packet Recipients From: Julie Hultman Date: August 5, 2002 Re: August Planning Packet - Enclosure No. 1 The draft of the July Minutes was inadvertently placed in your August packets as Enclosure No. 1 and was distributed with your Planning pocket on Fridciy, August 2" Please discard the enclosure and replace it with the attached enclosure. TREE CITY U.S.A. CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, July 11, 2002 Call To Order: Chair Vogt called the meeting to order at 7:00 p.m. Present: Commissioners Dwyer, Liljegren, Powell, and Runk; Community Development Director Danielson, City Planner Richards, and Council Liaison McComber. Approval of Agenda: Commissioner Runk, seconded by Commissioner Powell, moved to approve the Agenda as presented. Carried 5 -0. Approve Planning Commission Minutes: Commissioner Liljegren, seconded by Commissioner Runk, moved to approve the minutes of June 13, 2002 as presented. Carried 5 -0. Department /Commission Liaison Reports: 1. Hwy. 36 Partnership Study: Mary McComber reported that the partnership committee has been discussing aspects of Hwy. 36 and interchange design options. The next meeting of the Hwy. 36 Partnership Study will be in September. 2. Other Commission / Liaison Reports: None. Visitors /Public Comment: None. Public Hearings: A. Steve it Lynn Thron: To consider a request for variance for construction of garages for an apartment building at 14386 58th St. N. City Planner Richards provided an overview of the applicant's request and a summary of his report regarding the same. Chair Vogt opened the hearing for public comment at 7:08 p.m. Rick Wells — 5887 Olinda Ave. N. questioned staff and the commission as to regulations regarding accessory buildings. He stated that he is concerned about the property values for his home and other single - family homes in the neighborhood. Steve Thron addressed the Commission as the applicant and stated that he thought the garages would be a parking solution. He stated that he had spoken with the neighbor across the street regarding the proposed garages and received the impression that she thought it was a good idea. He indicated that he did feel it was not fair for them to be at fault for the way the building was originally constructed. Commissioner Dwyer, seconded by Commissioner Li ljegren, moved to close the public hearing. Carried 5 -0. Planning Commission Minutes July 11, 2002 Page 2 of 6 Discussion ensued as to the size of the site, variance requirements for non - conforming lots, potential affect to property values, the desire to see the applicant work toward a better suited plan for garage space and for increased neighborhood comment. The applicant stated that he was open to any suggestions for what may be workable. Commissioner Dwyer, seconded by Commissioner Liljegren, moved to continue the public hearing until August 8th. Carried 5 -0. B. WATE Enterprises: To consider request for amendment to planned unit development for construction of a new building, on Memorial Ave. N. City Planner Richards provided an overview of the applicant's request for planned unit development amendment, for construction of one 9,600 square foot building of the same styling as the neighboring buildings. Richards reviewed his report regarding the same, noting that approval was being recommended, subject to conditions. Chair Vogt opened the hearing for public comment at 7:08 p.m. Council Liaison McComber noted that correspondence was received by neighboring resident, Carol Palmquist addressing her concern of truck noise during early morning and later evening hours. Will Zintl, addressed the Commission as the applicant, WATE Enterprises. He stated that the proposed building is identical to the building at 5660 Memorial Ave. N., other than the striping and detail colors. He stated that he addressed the need for a turn around with the Fire Chief, who indicated that it would not be necessary. He added that the Fire Chief would be preparing a written statement for staff. Mr. Zintl discussed several other issues of the Planner's report with the Commission and staff. He stated that he works hard to be a good neighbor and will work with the City on any areas needed and asked Council Liaison McComber to please have Carol Palmquist contact him regarding her concerns and he will work with her to find a resolution to the best of his ability. Commissioner Runk, seconded by Commissioner Dwyer, moved to close the public hearing at 7:35 p.m. Carried 5 -0. Brief discussion ensued as the proposed building, traffic of business occupants and the conditions within the Planner's report. Chair Vogt, seconded by Commissioner Liljegren, moved to recommend approval of the amended planned unit development to include the proposed building construction, subject to the following conditions: 1. The applicant shall redesign the site plan to allow for a turn - around between the H.S.I. building and the proposed building if required by the Fire Chief and subject to approval of the City Engineer. 2. The landscape plan is subject to the review and approval of the City Arborist. Planning Commission Minutes July 11, 2002 Page 3 of 6 3. Curb and gutter will not be required at this time around the parking and driveway areas west of the proposed building, but will be required at the time a second building is approved. 4. The lighting and photometric plans shall be consistent with the Zoning Ordinance lighting standards. 5. The grading, utility, and drainage plans shall be subject to the review and approval of the City Engineer and the applicable Watershed District. 6. A development agreement between the City and applicant shall be subject to review and approval of the City Attorney. Cross easements shall be required for the joint access driveway subject to the approval of the City Attorney. 7. Any additional comments from the Planning Commission, City Council and City staff. Carried 5 -0. C. Stillwater Motors: To consider request for amendment to conditional use permit for parking lot expansion. City Planner Richards provided a review of the applicant's request and his report regarding the same, noting that the requested snow removal plan has been submitted and discussing some of the issues related to earlier conditional use permit requirements. Chair Vogt opened the hearing for public comment at 7:42 p.m. Commissioner Dwyer, seconded by Commissioner Liljegren moved to close the public haring at 7:43 p.m. Commission discussion ensued as to earlier parking lot expansion, non - conformity of signage, and the possibility of future expansion. The applicant, D.J. Raduenz was present and answered questions from the Commission. Commissioner Runk, seconded by Commissioner Dwyer, moved to recommend approval of the request for conditional use permit for parking lot expansion, subject to the following conditions: 1. The applicant shall provide at least four handicapped accessible stalls for the customer, employees, and vehicle sales lots. 2. The applicant shall provide a snow removal plan subject to approval of City staff. 3. The lighting plan shall be revised to comply with all Zoning Ordinance standards subject to approval of City staff. 4. The grading and drainage plans are subject to review and approval of the City Engineer and the applicable Watershed District. Chair Vogt opened the hearing for public comment at 7:58 p.m. Planning Commission Minutes July 11, 2002 Page 4 of 6 5. The Planning Commission should recommend and the City Council approve any changes to conditions 7 and 11 of the conditional use permit, signed on November 8, 2000 for the employee parking lot. 6. The landscape plan is subject to review and approval of the City Arborist. 7. Any other conditions of the Planning Commission, City Council or City staff. Carried 5 -0 D. Valley Senior Services Alliance:To consider request for amendment to planned unit development, allowing for mechanical enclosure /landscape screening. City Planner Richards provided an overview of the request, including the City Council's request to provide a recommendation on the decorative light fixtures and the screening for ground mechanical devices for the main campus building. Richard's reviewed his report regarding the same. Ken Hooge of Sr. Housing Partners introduced himself and made himself available for questions. Commissioner Runk, seconded by Commissioner Powell, moved to close the public hearing at 7:59 p.m. Carried 5 -0. Discussion ensued as to design of enclosure and nature of required screening. Chair Vogt, seconded by Commissioner Liljegren, moved to recommend City Council approval of the amended planned unit development for the site plan change, approval of the decorative carriage style lights as installed on the building, and approval of the plans for the mechanical screening enclosures, subject to the following conditions: 1. The trash enclosure shall be screened with additional landscaping as approved by the City Arborist. 2. Any other conditions of the Planning Commission, City Council or City staff. Carried 5 -0, E. Walgreen's: To consider request for amendment to the conditional use permit at 6061 Osgood Ave. N. City Planner Richards provided an overview of the request for amendment to site plan and conditional use permit, allowing the width of the drive through lane to be expanded from 12 feet to 16 feet. He reviewed his report regarding the same. Chair Vogt opened the hearing for public comment at 8:06 p.m. Planning Commission Minutes July 11, 2002 Page 5 of 6 John Kohler of Semper Development provided the Commission with an update as to the proposed changes to the site and provided them with photos of landscaping for their convenience. Community Development Director Danielson noted comments received from Jeanne Anderson regarding the site as it relates to traffic in the area. Commissioner Runk, seconded by Commissioner Dwyer, moved to close the public hearing at 8:09 p.m. Carried 5 -0. Commissioner Dwyer, seconded by Commissioner Runk, moved to recommend City Council approval of the request for amendment, subject to the following conditions: 1. The applicant shall redesign the site plan to illustrate a 24 -foot wide drive lane and a 4 -foot wide sidewalk along the west side of the building. 2. The applicant shall grant the City a public access easement for a sidewalk adjacent to Osgood Avenue, subject to review and approval by the City Attorney. 3. This amended approval is subject to all the original conditions of approval as outlined in the original conditional use permit, dated May 31, 2002. 4. Condition number 11 of the original resolution shall be amended to read as follows, "This Conditional Use Permit requires that any change in the use of the property must comply with the City Ordinances and parking standards in place at the time the use changes." 5. The revised landscape plan is subject to review and approval of the City Arborist. Carried 5 -0. F. Continued - Oakgreen Village Villas: To consider requests for a planned unit development: concept plan and conditional use permit for the construction of a multi - family housing development, located north of 58th St. N. and west of Oakgreen Ave. N. Chair Vogt opened the hearing for public comment at 8:15 p.m. Ken Hooge of Sr. Housing Partners summarized the site changes and process to date. He stated that they have been working to assemble a plan that works for both the City and for the Minnesota Housing Finance Agency. He noted that they are still working on the tot lot location. Mr. Hooge addressed a number of questions from the Commission and staff and walked through a schematic plan, briefly describing road alignments in relation to the existing roadways around the proposed project. Commissioner Runk, seconded by Commissioner Dwyer, moved to continue the public hearing to the August meeting of the Planning Commission. Carried 5 -0. Chair Vogt called for a five-minute recess, after which the meeting reconvened. G. Continued - 401 Ordinance Amendment: To consider amendment to City of Oak Park Heights Ordinance 401 as it pertains to signage. City Planner Richards provided an overview of the City Sign Ordinance draft status and recapped the ongoing public hearing for the same. Richards asked the Commission for the preference in direction to proceed. Chair Vogt opened hearing for public comment at 8:24 p.m. There being no visitors in the audience to address the matter, discussion ensued as to the need for public comment, timing of meetings and draft completion, draft composition for review, alternatives for soliciting greater feedback. Community Development Director Danielson stated that staff would send a mailing to Oak Park Heights businesses informing them that the issue is being discussed and that their comments are welcome. Commissioner Runk, seconded by Commissioner Dwyer, moved to continue the public hearing to Planning Commission meeting of August 8, 2002. Carried 5 -0. New Business: None. Old Business: None. Informational/ Update Planning Commission Minutes July 11, 2002 Page 6 of 6 1. Superamerica 24 -Hour Fueling: Commissioner Runk noted that at an earlier meeting, the Commission told an applicant that they could not have 24 -hour fueling service. Since that time, he has commented on the new pumps installed at 'Superamerica at 60th St. N. and Omaha Ave. He has now observed that their sign advertises 24 -hour fuel service is now available. Adjournment: Commissioner Powell, seconded by Commissioner Dwyer, moved to adjourn at 8:58 p.m. Carried 5 -0. Respectfully submitted, •-ktu-ednk-a-A-- J e Hultman Community Development Approved by the Planning Commission: • MEMORANDUM pc: Kris Danielson NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St, Louis Park, MN 56416 Telephone: 952.595.9638 Facsimile: 962.595.9837 p €anners @nacplanni ng.00r NCL OSURE a TO: Kimberly Kamper FROM: Scott Richards DATE: August 2, 2002 RE: Oak Park Heights -- Sign Ordinance Revision FILE NO: 798.10 Please find attached a comparison of existing /proposed language for the Sign Ordinance redraft. In addition, I have enclosed a map indicating 500 foot, 750 foot, and 1,000 foot corridors on either sides of Highway 36 and 5. The comparison is designed to assist the Planning Commission in reviewing the existing sign language versus the new provisions that have been drafted to date. The map has been created for discussion related to establishing separate sign provisions for the Highways 36 and 5 corridors. This issue should be discussed before 1 complete the district and special district provisions of the Sign Ordinance. • • • 401.15.G. Signs. 1. NEW -- Purpose. The purpose of these regulations is to establish, protect and promote health, safety and general welfare 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 effective and orderly communication by reducing confusion and hazards resulting from unnecessary and /or indiscriminate use of communication facilities. 1. OLD—Purpose. The purpose of _these regulations is to establish, protect and promote health, safety and general welfare 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 effective and orderly communication by reducing confusion and hazards resulting from unnecessary and/or indiscriminate use of communication facilities. 2. NEW -- Objectives. a. To establish standards which permit businesses a reasonable and equitable opportunity to advertise. b. To preserve and promote civic beauty and prohibit signs which would detract from this objective because of size, shape, height, location, condition, cluttering or illumination. c. To insure that signs do not create safety hazards. d. To preserve and protect value of land and buildings, and to preserve and protect landscapes. 3. NEW -- Conflict with Zoning Ordinance. If there is a conflict that occurs between this Section and other provisions of this Ordinance, as amended, the conditions as set forth in this Section, as amended, shall prevail. 4. NEW -- Definitions. 5. NEW--General Provisions. 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 needed to direct traffic on the premises. b. No sign shall be erected, placed or maintained on, fences, trees, power and Tight poles or the supports thereof, except as allowed as special events. Signs on rocks shall be allowed if they use metal letters and numbers or the commercial message is etched into the surface of the rock. c. No sign shall be attached to hang from any building until all necessary wall and/or roof attachments have been approved by the Building Official. d. No signs other than governmental signs shall be erected or temporarily placed within any street rights -of -way or upon any public lands or easements or rights -of -way, except by conditional use permit as regulated in Section 401.03 of this Ordinance. e. No sign or sign structure shall be erected or maintained if it prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a stand pipe or fire escape. f. A minimum of one (1) address sign identifying the correct property number as assigned by the City shall be required on each principal building in all districts. Such sign shall be of sufficient size to be legible from the nearest street yet shall not exceed nine (9) square feet in area. The numbers shall be metal, glass, plastic or durable material and the numbers shall not be less than three and one -half (3.5) inches in height, in a contrasting color to the base or made of some reflective material and so placed to be easily seen from the street. g. No seasonal/holiday decoration shall be allowed on or within the right -of- way. h. The commercial message of signs shall be neat and orderly and not obscene. The signs shall be professionally prepared. All signs shall be constructed in accordance with the Minnesota State Building Code and the National Electrical Code. The maximum brightness of the signs in combination with the building and site lighting shall not exceed the standards found in Section 401.15.B.7 of this Ordinance. All electrical service wiring shall be buried. -2- • • • j Signs in the R -B, B -1, B -2, B -3, CBD, B -W, and 1 Districts may only be illuminated during business hours, or until eleven o'clock (11:00) PM, which is later. k. Signs with external lighting shall have no exposed light sources or fixtures unless decorative fixtures are utilized and the Tight source is fully concealed and diffused. If a wall sign is mounted above the first floor of a building, the illumination, if any, shall be internal. 1. Neon signs shall be limited to channel letter signs and permanent window signage in the R -B, B -1, B -3, B -4, B -W and 1 Districts. Neon signs, subject to Design Guidelines review, shall be allowed in the CBD District. m. No part of a sign or sign structure shall be placed closer to the property line than ten (10) feet. n. No more than three (3) flags may be displayed outside of a building. This number may, however, be increased to a total of six (6) flags provided a permit is issued and the following standards are met: 1) No two (2) pairs of flags may be the same. 2) Where multiple flagpoles are used, there shall be a maximum spacing of twenty (20) feet allowed between the poles. o. The maximum angle permitted between faces of a double face freestanding sign is sixty (60) degrees, anything less is one (1) sign, anything more is two (2) signs. p. No sign shall be positioned so that it impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines. OLD-5. General Provisions. 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 -3- in a safe orderly condition. in addition, all parts and supports shall be properly painted. Any sign or sign structure which is rotted, unsafe, deteriorated, defaced or otherwise altered, shall be repainted, repaired or replaced by the 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 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 person 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. 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 permit. The permit shall be valid for ten (10) consecutive days. No more than 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 1 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. 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 aid 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. -4- • • 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 maximum allowable sign area for that district. 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. NEW -- Permitted Signs in any Zoning District. The following signs are allowed without a permit unless otherwise specified. These signs, if placed in accordance with the following standards, will not apply toward the maximum allowable sign area, but shall comply with all other applicable provisions of this Ordinance. a. Governmental Signs. Signs of a public, non - commercial nature including safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when these signs are erected by or on order of a public officer or employee in the performance of official duty. -5- b. On- Premises Directional Signs. Shall not exceed four (4) square feet in area. c. Integral Signs. Shall not exceed nine (9) square feet in area. d. Campaign Signs. Shall not be placed upon public right -of -way or property, except for parks and other public areas approved by the City Council. Campaign signs erected on private property should be erected with permission of the property owner or lessee. Those installing campaign signs shall comply with the Fair Campaign Practices Act contained in State of Minnesota Statutes chapter 211 B. Campaign signs shall not be less than fifteen (15) feet from the nearest edge of the pavement. e. Identification Signs. Signs in all districts which at the front, side, or rear entrance of a building identify the business, owner, manager or resident and set forth the address of the premises where the sign is located and which contain no other material. There shall be one (1) per entrance in which each shall not exceed two (2) square feet in area. f. Holiday Signs. Shall not be displayed for over sixty (60) days. g. Security Signs. Shall not exceed one (1) square foot with one (1) sign per driveway connection to a public right -of -way. h. Real Estate Signs. 1 } Property for sale and development project signs shall be wall or freestanding signs and shall be removed within ten (10) days after the closing on a property. a) Such signs shall be professionally designed and painted on all sides, including support posts. Freestanding signs shall be properly anchored into the ground using posts with minimum dimensions of four (4) inches square or three (3) inches in diameter. b Such signs shall be limited to one (1) per street frontage of the property. c) The content of the commercial message on these signs shall include an offer of the property for sale, the realty company name, the phone number, and other information related to the sale. -6- • d) Such signs shall not measure more than twelve (12) square feet in R -1, R -1 A, R -1 B, R -1 C, R -2, R -3, R -B Districts, and shall not measure more than forty (40) square feet in all other districts. The forty (40) square foot limitation may be increased to sixty -four (64) square feet, provided a conditional use permit is issued and the following standards for freestanding signs are met: (7) The sign shall be a maximum height of twelve (12) feet. (2) The sign shall be set back from the front property line no less than one (1) foot per one (1) foot of sign height. (3) The sign shall be non - illuminated. 2) Temporary property for lease signs shall be wall or freestanding signs. a) The gross area and total height of a temporary property for lease sign shall be limited to the requirements specified in Section 401.15.G.6.h.1).(d) above. b) Temporary property for lease signs shall be set back from the front property line no less than one (1) foot per one (1) foot of sign height, except that if the sign cannot be located to comply with the minimum setback requirement from the front property line without locating the sign in a parking lot or other paved surface, the sign may be located up to the front property line provided that the sign does not exceed twelve (12) square feet in area and four (4) feet in width, and further provided that the sign will not disrupt any public utility service and interfere with the sight line visibility of motorists on the adjoning roadway. c) The content of the commercial message on such signs shall include an offer of the property for lease, the management company or owner's name, the phone number, and other information related to the lease. d Such signs shall be limited to one (1) per street frontage of the property, and if ground mounted, shall be constructed of painted, smooth finish plywood, and shall have either flush or side mounted, four (4) inch by four (4) inch painted wood posts. -7- Construction Signs. Shall be confined to the site of the construction, alteration, or repair, and single tenant building signs shall be removed within thirty (30) days, and multi tenant buildings shall be removed within sixty (60) days after the particular project or building under continuous construction is issued the first certificate of occupancy. Signs shall be allowed on each major street frontage the project abuts. Signs shall be professionally designed and painted on all sides, including support posts. No sign may exceed thirty-two (32) square feet in the 0, R -1, R -2 Districts or forty -eight (48) square feet in the R -3 through 1 Districts. J• Rummage Sale Signs. Shall be limited to the subject property, shall not exceed five (5) square feet and shall be removed within one (1) day after the termination of the sale. Signs shall include the property address, date of sale, hours and shall not be placed in any public rights -of -way. The City shall have the right to remove and destroy rummage sale signs. The City shall assess a fee of ten (10) dollars per sign removed by the City. k. Barber pole signs. 1. Public information service signs. m. Signage on bus benches, as regulated in the Oak Park Heights Code of Ordinances. For the purposes of this Ordinance, such signage shall not be considered to be off- premises advertising signage. n. 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 (3.5) inches in height shall be items of signage permitted on that side of the building. Use of neon for permanent window sign shall be allowed within the requirements of this Section. o. Temporary Window Signs. Temporary window signs shall be permitted within the R -B, B -1, B -2, B -3, B-4, CBD, B -W and 1 Districts, provided that they do not exceed ten (10) percent of the front building facade. 7. NEW- Prohibited Signs in any Zoning District. The following signs are prohibited in all zoning districts: a. Any sign which obstructs or impairs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. -8- • • b. Any sign which contains or imitates an official traffic sign or signal, except for private, on- premises directional signs. c. Off - premises advertising and directional signs. d. Business signs on or attached to equipment, such as semi -truck trailers, being used in such a manner that advertising is a principal use of the equipment. e. Animated signs. f. Projecting signs (exceptions allowed in the CBD District) g. Roof signs. h. Vehicle sales signs displayed on vehicles within open sales lots. 1. Any sign which contains or consists of banners, bannerettes, pennants, ribbons, streamers, strings of Tight bulbs, balloons and hot or cold air inflatable devices, spinners or similar outdoor advertising devices, except as may be approved by a special event permit in accordance with the provisions as set forth in Section 401.15.G.8 of this Ordinance. j. Portable signs. k. Wall graphics. 1. Beacons. m. Multifaced signs. n. Signs supported by guy wires. o. Cabinet signs on buildings, except for logo signs. p. Signs and/or posts which are tacked onto trees, fences, utility poles or other such permanent supports, except safety signs and signs found on fences (inside) of baseball parks. OLD -- 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. -9- 1) Public Signs. Signs of a public, non - commercial nature to include safety signs, trespassing signs, 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 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) OtherElection Years. In years when no state general election is to take place, signs 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 (700) 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 -1 0 • 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. 7) Construction Signs. A non - illuminated sign announcing the names of architects, engineers, contractors, or other individuals or firms involved with the construction, alteration or repair of a building (but not including any advertisement of any product) or announcing the character of the building enterprise or the purpose for which the building is intended. Such signs shall be confined 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 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 (50) square feet in the R -3 through 1 Districts. 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. Individual Property Sale, Lease or Rental Signs. Any on- premise sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is being offered. a) Signs must be removed within ten (10) days after sale or rental of property. * 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 1 Districts. * Amended Ord. 99-401-01, 26 January 1999 c) A conditional use permit may be granted by the City Council for signs larger than twenty (20) square feet in the 0 District, under this section, in the event that more than twenty (20) acres are offered for sale. d) There shall be only one sign per properly. Cornerproperties, however, may contain two signs; one per frontage. 9) Rummage Sale Signs. Rummage sales may be held and signs displayed therefore provided 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 shatl conform to the applicable provisions of this Ordinance, and be removed at the termination of the sale. * 10) 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 (1O%) of the front building facade. 11) 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 sha /l 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. 3) Any sign which moves or rotates. 4) No sign shall display any moving parts, nor shall it be illuminated with any flashing or intermittent lights, nor shall it be animated. Exempted are time and temperature information. All displays shall be shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. * Amended Ord. 99- 401 -01, 26 January 1999 -12- • • 5) Projecting signs. 6) Roof Signs are permitted provided they do not extend beyond the measured height of the building as defined by Section 401.02.8. of this Ordinance. 7) Any sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, spinners or similar devices (Except in case of Section 401.15. G.5.g). 8) Portable signs (except in case of Section 40 1.15. G.5.g.). 9) Signs and/or posters which are tacked onto trees, fences, utility poles or other such permanent supports, except safety signs and signs found on fences (inside) 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 on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than thirty (30) 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. 70). NEW -- Special Events. a. Permit Required. No special event shall be held without first obtaining a permit. b. Number of Events. The business or applicant in all business and industrial zoning districts, as well as each public and institutional use in residential districts, shall be allowed three (3) special events per calendar year. Each special event shall not exceed ten (10) days and shall not be extended for more than three (3) consecutive time periods for each business. Once the time period has expired for the special event the applicant shall wait the same number of days that the permit was issued to start a new special event. c. Permitted Advertising Devices. Advertising devices for special events must -13- be directly related to the activity being conducted as a special event. The advertising devices described below are permitted for special events in addition to the maximum allowable sign area, provided they are professionally done and the following standards are met and complied with: 1) Small Balloons. a) The size of small balloons or a group of connected balloons shall not exceed two (2) feet as the largest dimension, except that balloon arches not exceeding eight (8) feet in height shall be allowed. b) Small balloons may be multi colored and incorporate logos and messages. c) Helium balloons shall be refilled daily. 2) Tents. 4 a) Tents, including all ties, ropes, stakes, etc., shall be located entirely upon the permittee's property and shall comply with the City's setback requirements for accessory buildings. 3) Bannerettes. a) Bannerettes may be used on light standards or flag poles. b) No more than one (1) bannerette shall be allowed per standard or pole. c) Bannerettes shall be smaller than any United States flag on the property, and shall not be flown at a height greater than any United States flag allowed on the property. Banners. a) Banners may be attached to poles, tents, and buildings, provided that are well secured and are prevented from being blown around uncontrollably by the wind. b) No more than two (2) banners shall be allowed. c) Banners shall not be larger than one hundred (100) square -14- • • feet nor higher than the wall of the principal building on the lot. • 5) Search lights. d. Prohibited Advertising Devices for Special Events. The advertising devices or activities described below are prohibited for special events: 1) Animated signs, light bulb strings, pennants, portable signs, ribbons, and streamers. 2) Displays or special features on any landscaped areas or on roofs. 3) Aerial rides. 4) Large balloons or collections of small balloons exceeding two (2) feet in diameter, except for balloon arches not exceeding eight (8) feet in height. 5) Additional lighting that does not meet this Ordinance. 6) Any advertising device in the public right -of -way. 7) Hot air inflatable devices. e. Permit Requirements for Special Event Lot Decorations. Before any special event signs or decorations shall be permitted to be used for an event, the responsible low owner or organization shall submit a completed application for a permit with the City. In addition to other requirements, the applicant shall show that when the event is held, adequate parking area will continue to exist, even though a portion of required parking spaces may be used to celebrate the event. only after the City issues the permit, may a business display the special event signs and decorations. f. Violations. 1) It is a violation for any person, company, or organization to provide, erect or display any beacons, balloons or other advertising device which is not in conformity with the provisions of this Section. Special event signs and decorations not removed by the last day of the special event. -15- NEW -- District Regulations. (TO BE ADDED) NEW -- Special District Provisions. (TO BE ADDED) NEW—Non-Conforming Signs. a. General Provisions Governing Non - Conforming Signs. 1) Continuation of Use. A non- conforming sign lawfully existing upon the effective date of this Ordinance may be continued at the size and in the manner existing upon such date. 2) If any property use or business changes ownership, all signs on that property, including any sign identifying a business no longer is existence, shall be brought into conformance with Section 401.15.G.15.c) within thirty (30) days. 3) Prohibitions. Anon - conforming sign may not be: a) Structurally altered except to bring it into compliance with the provisions of this Ordinance. b) Enlarged. c) Re- established after its removal or discontinuance. d) Repaired or otherwise restored, unless the damage is less than fifty (50) percent of sign structure. e) Replaced. 4) Non - Conforming Sign Maintenance and Repair. Nothing in this Ordinance shall be construed as relieving the owner of use of a legal non - conforming sign or owner of the property on which the legal non- conforming sign is located from the provisions of this Ordinance regarding safety, maintenance, and repair of signs, 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. b. Non - Conforming Uses. When the principal use of land is legally non- conforming under the Zoning Ordinance, all existing or proposed signs in -16- • • conjunction with that land shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. OLD Signs. a. The following are non - conforming signs: 1) Advertising Signs. (Exceptions: Temporary window signs and signs which advertise non-profit corporations). Said signs shall be limited to the sizes and restrictions imposed within the 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 provisions of this Ordinance. b. General Provisions Governing Non - Conforming Signs. 1) A non-conforming sign may not be: a) Changed to another non - conforming sign. b) Structurally altered except to bring into compliance with the provisions of this Ordinance. c) Expanded. d) Re- established after its discontinuance for fourteen (14) days. e) 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 identifying a business no longer in existence, shall be brought into conformance within thirty (30) days. All non - conforming and prohibited signs created by this Ordinance shall be removed or brought into conformity with this Ordinance within the following time periods: -17- a) Any sign in violation of Prohibited Signs: One (7) 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 from the provisions of this Ordinance regarding safety, maintenance, and repair of signs contained in Section 40 1.15. 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. NEW -- 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 Zoning Administrator of any change in sign user, sign owner, or owner of the property on which the sign is located. -18- • • NEW -- Inspection. All signs for which a permit is required shall be subject to inspection by the City Building Official. The Building Official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this Ordinance. OLD -- 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 property 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 sign that is not maintained in accordance with the maintenance provisions of this Ordinance. NEW -- Permit, Application, License, Variance, and City Council Approval. a. Permit Required. Except as provided in this Section, no sign or structure shall be erected, constructed, altered, rebuilt, or relocated until a permit has first been issued by the City. The fees which shall be charged for sign permits under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. b. Sign Application. The following information for a sign license shall be supplied by an applicant is requested by the City: 1) Name, address, and telephone number of person making the application. 2) Name, address, and telephone number of person owning the sign. -19- 4) The location, diagrams, and dimensions of the building, building elevations, structure, and lot to which, or upon which, the sign is to be attached or erected. 5 6) Photographs of the building face and the building faces of any adjacent buildings. 7) Plans, location and specifications and method of construction and attachment to the buildings or placement method in the ground. 8 A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. 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, colors, materials, a table of the proposed gross sign area for each sign and the total proposed sign area. Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City. 9) Written consent of the owner or lessee of any site on which the sign is to be erected. 10) Any electrical permit required and issued for the sign. 11) The name of the person, firm, corporation, or association erecting the structure. 12) 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. 13) 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. OLD — 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 -2O • • paid the appropriate permit fee. OLD -- Permit Fees. The fees which shall be charged for permanent and temporary signs and for sign repair or copy replacement under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. OLD—Application Procedures. Each application for a permit under this Section shall be submitted to the Zoning 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 lotto 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. 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. g. 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. NEW -- Removal of Unsafe and Illegal Signs. If the City finds that any sign or sign structure is unsafe or in violation of the provisions of this Ordinance, or his /her designee, shall give written notice to the owner and /or party responsible for the sign to comply with the standards required by this Section in a prescribed time frame and manner. The removal of the signs shall be done in the following manner: a) Permanent Illegal Signs. The Zoning Administrator, or his/her designee, shall order the removal of any permanent sign erected or maintained in -21- b violation of this Ordinance. Thirty (30) days' notice in writing shall be given to the owner of such sign, or of the building, structure, or premises on which such sign is located, to either comply with this Ordinance or remove the sign. The owner of the sign, building, structure, or premises shall also, upon removal of any sign, be fully responsible for repairing, replacing, and returning the ground, building wall, or other mounting surface to its original condition or to a proper condition consistent with the present appearance of the area, building wall, or surface. Temporary or Illegal Signs. The City may impound signs which have been illegally installed upon public property or within public right -of -way or easement. The sign owner may retrieve the signs according to the following: 1) Fee Payment. For impounded signs, there shall be an impoundment and storage fee, as may be approved from time to time by Council resolution. 2) Retrieval of Sign. The sign shall be retrieved from a designated impound area during routine business hours and within fifteen (15) days from the date of impounding. After fifteen (15) days, the City will dispose of the sign. Liability. The City shall not be held liable for any damage to impounded signs. c) Closed Business Signs. Signs not used for signing when a business closes or leaves the tenant space shall be addressed within thirty (30) days from the close of building in the following manner: 1) Wall signs (individual letters) shall removed. 2) Wall signs (cabinet ). A blank face shall be inserted in the cabinet. 3) Freestanding Signs. The sign area shall be totally covered. NEW -- Variances. In order to provide additional flexibility in the enforcement of this Ordinance and to alleviate hardship and injustice, the City Council may, upon application, grant a variation from the terms of this Ordinance. Upon application, therefore, from the person seeking a permit for the erection or installation of a sign, the request for variance shall be processed in accordance with Section 401.04 of this Ordinance, as may be amended. a. Criteria. Additionally, the City Council shall make a finding of fact that an _22_ • 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 surrounding, shape, or topographical conditions of the specific parcel of land involved exist. That the condition involved is unique to the particular parcel of land involved. 4 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. 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. b. 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. OLD 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 Adjustments and Appeal, may, upon application, grant a variation from the terms of this Ordinance. Upon application, therefore, from the person seeking a permit for the erection or installation of a sign, the request for variance shall be processed in accordance with applicable provisions of the Oak Park Heights Zoning Ordinance, as may be amended. Additionally, the City Council serving as the Board 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 -23- conditions of the specific parcel of land involved exist. -24- 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. 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. OLD —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. • • H oleo • \0� /�t!�'1� 're 00' ■: 111111 ■i■ m Ems iN - .. � � v ,•/ defiriin w= II1! 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City of Oak Park Heights 14168 57 Street N • Box 2007. Oak Park Heights, MN 55082 • Phone (651) 439 -4439 • Fax 439 -0574 To: Planning Commission Members From: Kris Danielson, Community Development Director Re: Thron Variance Application TREE CITY U.S.A. !NCIOSURE 3 Please be advised that we have received two alternate plans for the proposed garages at 14386 58 Street. 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O Li I— ? �W LJJ ce 0 z u 5 • NACU, NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park MN 55416 Telephone: 952.596.9836 Facsimile: 962.595.9837 p anners nacp1anni ng.com ENCLOSURE PLANNING REPORT TO: Kimberly Kamper FROM: Scott Richards DATE: August 2, 2002 RE: Oak Park Heights — Oakgreen Village Villas — PUD /CUP Concept Plan Review FILE NO: 798.02 - -02.03 BACKGROUND In April of 2002, Valley Senior Services Alliance Inc. (VSSA) and Tim Nolde made application for a PUD /CUP concept plan review for property north of the Xcel Energy pp power line easement within the Central Business District. The area consists of 6.84 acres. Consideration of the application has been continued to this time to allow for the development of revised site and building plans. The plan has been revised to include a total of 22 rental units in five buildings, of which 10 are two bedroom, 11 are three bedroom, and one is two bedroom accessible. A marketing office and storage area would be constructed on the end of building two. The J ro'ect was originally planned in three phases. Construction for the entire p development is now planned to begin in the Fall of 2002. A planned unit development concept/general plan review is required for developments with more than one building on a defined lot. The project will utilize private driveways with access to a proposed 59 Street. The property is zoned CBD in which multiple family townhomes are a listed conditional use. Adjacent uses to the subject site are listed below: North of Site: Present zoning — CBD, Present Use -- Existing commercial development. South of Site: Present zoning — CBD, Present Use — Xcel Energy power line easement, former auto salvage yard and open space. West of Site: Present zoning — CBD, Present Use — Xcel Energy substation, former auto salvage yard, and open space. East of Site: Present zoning — CBD, Present Use — Pond View condominium development and proposed Oak Park Square development. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: ISSUES ANALYSIS Area Plat Map Area Site Map Legal Description Aerial Photo Site Plan Landscape Plan Building Plans Building Elevation Plans Preliminary Grading and Erosion Control Plan Preliminary Utility Plan Site Lighting Plan Streets /Streetscapes — Central Business District Design Guidelines Project Description. The Oakgreen Village Villas is an affordable rental project financed under the Minnesota Housing Finance Agency (MHFA) Tax Credit Program. MHFA places limits on income and rental rates to assure affordability. Rental rates will range from $300 to $800 per month. VSSA will provide the ongoing administration and maintenance of the Villas project. The project would be accessed from the proposed 59 Street. A small playground and open areas are proposed as part of the plan. Comprehensive Plan. The subject site is designated as CBD in the Comprehensive Plan. The plan anticipated a mixture of commercial and residential uses within this area. The Central Business District Urban Design Study included the subject area in the Medium Box Mixed Use Precinct and the Public Green Precinct. The subject area north of the Xcel Energy power line easement was designated for a commercial development area. The Master Plan was developed as a concept or guide for land use, thus it is recognized that the plan is flexible. The subject site is adjacent to the Pond View Condominiums and the proposed Oak Park Square townhome project. The development would provide an appropriate infill land use from the commercial to the north, the Xcel Energy substation to the west, and the residential uses to the east. The Planning Commission should consider this deviation from the Master Plan of the CBD Design Guidelines. 2 • • Zoning. The subject site is proposed to remain zoned CBD. The multiple family townhouse units proposed for this subject site are allowed in the CBD as a conditional use. The approval also requires a concept/general plan of development in that the p roj ect will access off of private driveways /roadway and there are five principal structures on one lot. Subdivision. Preliminary /final plat approval is required to separate the subject site from the entire property owned by Tim Nolde. A lot would be created for the Villas site, and an area of park dedication that incorporates the storm water ponding and trails under the Xcel power line easement would be a separate lot. As part of the subdivision process, an easement will be granted to the City for 59 Street and the required utility and storm water easements. A preliminary plat/final plat will be required as part of the general plan of development process. Park Dedication. Park dedication is based upon the specifications of Section 302.08 of the Subdivision Ordinance. The applicants have proposed dedicating a portion of the land under the Xcel power line easement for trails and open space. The Parks Commission and City Council will need to consider this dedication in relation to the Park and Trail Plan and the long term need for linear park land along the power line easement. The Central Business District Design Guideline Plan for the area identified the p ower line easement area for ponding, community garden and an apple orchard. A reliminary /final plat will need to be submitted as part of the general plan of approval p process to establish the 59 th Street easement, the Villas lot, and the area proposed for park dedication. As part of concept plan reviews and approval, the Parks Commission and City Council should comment on the park land dedication issue. Access /Streets /streetscape. The plans for the Oakgreen Villas have indicated the extension of 59 Street from Oakgreen Avenue and the proposed Oak Park Square development to the driveway for the Villas. The roadway is proposed to continue to the future Novak Avenue, a north /south roadway Y that will extend from 60 Street North to 58 Street. The property for 59 Street is currently under the control of Tim Nolde, one of the developers of the Villas. The Design Guidelines recommended a 40 foot roadway with parking on both sides within a 62 foot right -of -way. Trails /sidewalks would also be placed on both sides. The right -of -way would also allow for trees and streetscape elements within the boulevards. Exhibit 12 indicates the street/streetscapes plans within the Central Business District Design Guidelines. With the potential projects planned on 59 Street for 2002, it is recommended that plans be drawn for 59 Street and Novak Avenue with construction in 2003. Access for the Villas project could be obtained from the Pond View Condominiums access drive. The previous proposal for Oakgreen Villas raised issues with the one private access roadway into the development. With the proposed 59 Street extending from Oakgreen Avenue to Novak, the issues of access are no longer of concern. The applicants have proposed an emergency exit onto the Pond View Condominium driveway. Staff has determined that this additional access point is not necessary. Building Orientation /Site Plan. The new site plan for the Villas is a much improved concept from the previous proposal. The five buildings are oriented such that the driveway /parking access is centrally located on the site. The front facade /porches will be oriented toward the surrounding property and developments. The open space and landscaping for the site is significantly improved over the previous proposal. Setbacks from the property lines allow for front yards and separation from existing commercial and residential uses. The area to the south of the buildings, within the Xcel Energy power line easement, will provide an area for additional open space, landscaping, and site amenities such as benches and a gazebo. A tot lot is also proposed just north of the easement. Parking. The Zoning Ordinance requires that all townhome units are provided with two spaces per unit, both of which are in a covered garage structure. The building floor plans indicate that the three bedroom units have two stall garages; the two bedroom units have one stall garages. The interior garage dimensions are adequate in width and length per City parking standards. To address the parking requirements, the applicants have designed the site plan to accommodate cars in front of each garage stall. Additionally, there are five guest parking stalls on site and on street parking will be allowed on both sides of 59 Street. The Planning Commission and City Council should consider the issue of the one garage stall per two bedroom unit. The applicants have indicated the one stall garages are necessary to meet affordability guidelines and the requirements of the MHFA. The parking allowance could be addressed as part of the general plan of development approvals. Trails and Sidewalks. The project site plan has indicated a plan for sidewalks internal to the project and trails through the Xcel Energy power line easement. The trails would extend from the existing trail east of Oakgreen Avenue and continue west around the proposed storm water pond. The plans submitted for the Oak Park Square project indicate sidewalks /trails on both sides of the proposed 59 Street. The Parks Commission should review the trail systems requirements for this area and comment on the park dedication /trail issues for incorporation into the general plan. The plans do not show sidewalks at the front of buildings one, two and three. The applicant may consider sidewalks to interconnect the front porches of the buildings with the recreational amenities and parking areas on the site. Central Business District Guidelines. In October of 1999, the City adopted a master plan for the Central Business District in an effort to create a pedestrian friendly, mixed use district. In order to guide implementation of the goats and policies of the plan, 4 • • • • specific design guidelines for the CBD were developed. The proposed development will be reviewed during the general plan of development review in regard to its consistency with such guidelines. Certain design elements should be reviewed during the concept plan stage to assure site plan conformance. Precinct Designation. The subject area was placed within the Medium -Box Mixed Use Precinct identified in the Design Guidelines. The project will be reviewed under the residential precinct guidelines. Building Context and Character. The Design Guidelines state that buildings within the residential precinct should be characterized by pitched roof buildings, entry porches, underground or tuck -under parking, and appropriately landscaped front yards. The proposed plan is consistent with these guidelines. Building Setbacks. The Design Guidelines specify the following: Front Yard: Minimum 5 feet / Maximum 15 feet Side Yard: Minimum 0 feet / Maximum 5 feet Rear Yard: Minimum 10 feet / Maximum 30 feet The buildings have been situated with setbacks of 20 feet on the west and east sides and a 50 foot setback to the north. The lot will also have a significant setback to the south depending upon final placement of 59 Street. The setbacks, although not consistent with the CBD Design Guidelines, are appropriate for this development. The Pond View Condominium project to the north and east, as well as the commercial development to the north, dictate the wider setback areas. Building Design, Materials, Lighting, Signage, and Landscaping. , Specific design elements of the building, lighting, signage, and landscaping will be addressed as part of the general plan of development review. Grading and Drainage. Conceptual grading and drainage plans have been submitted for this project. A storm water retention pond has been designed as part of a regional ponding system identified in the City's storm water plans for this area. A pond at this location is also consistent with the CBD Design Guidelines plan that indicated a series of ponds within the Xcel Energy power line easement. The City Engineer will comment on the ponds and the plans for regional storm water ponding in this area. Drainage plans and calculations would need to be submitted for review and approval of the City Engineer and for review by the applicable watershed authority. Utilities. A conceptual utility plan has been submitted. The City Engineer will comment • on the utility and storm water issues in a separate memo. Development Contract. The applicants will be required to enter into a development contract with the City should approval of the concept plan and general plan of development be granted. As part of the contract, the provisions for street and utility construction, as well as payment for area charges, would be included. RECOMMENDATION AND CONCLUSION Based upon the previous review, it is recommended that the Planning Commission recommend approval of the concept plan for the Oakgreen Village Villas PUD/CUP concept plan review subject to the following conditions: 1. The Planning Commission and City Council should consider the deviation from the master plan of the CBD Design Guidelines to allow for residential townhomes in the Medium Box Mixed Use Precinct. 2. A preliminary /final plat shall be submitted as part of general plan of development review and approvals. 3. The Parks Commission and City Council should comment on the preferred form of park dedication for this area. If a land dedication is preferred, they shall determine if the parcel under the Xcel power line easement proposed by the applicant for dedication is appropriate. 4. The applicant shall dedicate an easement for 59 Street and all required pp q drainage and utility easements as required by the City in the final plat and development contract. 5. The Planning Commission and City Council should consider the issue of one garage stall per two bedroom unit. Allowance for a one stall garage shall be considered as part of the general plan of development approval. 6. The Park Commission and City Council should comment on the trail requirements for this area and recommend the desired trail /sidewalk locations for incorporation into the general plan of development. 7. The Planning Commission and City Council should comment on the proposed setbacks for the Villas project. 8. The applicant shall provide drainage calculations for the proposed site. The drainage plans and any required drainage easements shall be subject to review and approval of the City Engineer and the applicable watershed authority. 9. Utility plans shall be subject to review and approval of the City Engineer. 6 • • 10. A development contract between the applicant and the City shall be required as part of the general plan of development approvals subject to City Attorney and City Council review and approval. pc: Kris Danielson Mark Vierling L ttlit 1 NOUNG WW1 NIP WIN OMB imsnaNi trzsi Nat Witt g tali. ON 300 tehl 1,012113 WON 1 I 1 NW 3A18a 3eN3(11. 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I i iiii 2 ,-,1 ,,,,— E .,,,,— 3 z a Z o PI 21. , Scr Li. z • 1 1 RI: vi g oul , I F r PPM 33233 KO /ARIA ONOd LJ 1 m TI 1 V1OSNNIIAI I S.11-19DH >1?:1Vd >IVO NJ D >IVO '0 z uJ uo Lfl Pr) 0 0 uJ rf ti) :70;P ;" l a III m 11 Ali lrn ,' miwt i ve4 �� , �� vivq,:sAcvwx- 73 cr. la off. 0 4 D D 1 9 )0 ) ) ) ) • al 6' k. Walk Green Right -of -Way • Residential Precinct 15. STREET TYPE EXHIBIT 12 Landscaped buffer strip aii • 11111111111116: .: r....• t... �r r •Pedestrian -scale lighting •Special paving •Railing •Ornamental wall •Landscaping 19. STREETSCAPE ELEMENTS • • A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY VALLEY SENIOR SERVICES ALLIANCE, INC. AND TIM NOLDE FOR A PLANNED UNIT DEVELOPMENT /CONDITIONAL USE PERMIT CONCEPT PLAN REVIEW TO ALLOW MULTIPLE FAMILY TOWNHOMES WITHIN THE CENTRAL BUSINESS DISTRICT BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Valley Senior Services Alliance, Inc. and Tim Nolde for a concept plan review to allow twenty two multiple family townhomes for property north of the Xcel Energy power line easement within the Central Business District, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as follows, to wit: and SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and SEE ATTACHMENT B 3. The subject site is zoned CBD, Central Business District in which multiple family townhomes are a listed conditional use; and 4. A planned unit development concept/general plan review is required for developments with more than one building on a defined lot with private driveways; and 5. The City Staff prepared a memorandum dated August 2, 2002 reviewing the request; and • • 6. The memorandum dated August 2, 2002 recommended the request be approved with conditions; and 7. The Planning Commission held a public hearing at their August 8, 2002 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Valley Senior Services Alliance, Inc and Tim Nolde for a concept plan review to allow twenty two multiple family townhomes for property north of the Xcel Energy power line easement within the Central Business District, and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval subject to the following conditions: 11/ 1. The Planning Commission and City Council should consider the deviation from the master plan of the CBD Design Guidelines to allow for residential townhomes in the Medium Box Mixed Use Precinct. 2. The preliminary /final plat shall be submitted as part of general plan of development review and approvals. 3. The Parks Commission and City Council should comment on the preferred form of park dedication for this area. If a land dedication is preferred, the Parks Commission and City Council shall determine if the parcel under the Xcel power line easement proposed by the applicant for dedication is appropriate. 4. The applicant shall dedicate an easement for 59 Street and all required drainage and utility easements as required by the City in the final plat and development contract. 5. The Planning Commission and City Council should consider the issue of one garage stall per two bedroom unit. Allowance for a one stall garage shall be considered as part of the general plan of development approval. 6. The Park Commission and City Council should comment on the trail requirements for this area and recommend the desired trail/sidewalk locations for incorporation into the general plan of development. • • 7. The Planning Commission and City Council should comment on the proposed setbacks for the Villas project. 8. The applicant shall provide drainage calculations for the proposed site. The drainage plans and any required drainage easements shall be subject to review and approval of the City Engineer and the applicable watershed authority. 9. Utility plans shall be subject to review and approval of the City Engineer. 10. A development contract between the applicant and the City shall be required as part of the general plan of development approvals subject to City Attorney and City Council review and approval. Recommended by the Planning Commission of the City of Oak Park Heights this 8 day of August 2002. ATTEST: Kimberly Kamper, Acting City Administrator George Vogt, Chair • MEMORANDUM Variances Required: NORTHWEST ASSOCIATED CON $ LT N' S, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 65416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com TO: Kimberly Kamper FROM: Scott Richards DATE: August 8, 2002 RE: Oak Park Heights — Thron Apartments Conditional Use Permit 1 Variances for Two Two -Stall Garages FILE NO: 798.02 — 02.15 As you are aware, the Throns have submitted two alternate plans for the proposed garages at 14386 58 Street. Alternative One features an 180 a area square foot storage g that connects the two garages. Alternative Two places the two garages together without the storage shed. Elevations for the structures have not been submitted by the applicant. The plans do not address if the structures are to be placed within a utility easement or how the roofs will be affected by the overhead utility issues. Alternative One indicates that a utility pole would need to be relocated to place the garage structures as proposed. The Public Works Director will verify if there are any easements in place that would prevent construction of the garages as proposed. The two alternative plans do not significantly affect the need for conditional use permits and variances. A listing of the required conditional use permits and variances for each alternative is as follows: Alternative One (with 180 square foot shed) Conditional Use Permits Required: 1. The property is zoned R -2, Low and Medium Density Residential in which multiple family dwelling structures are a conditional use. 2. The accessory buildings will exceed 30 percent of the gross floor area of the principal building. 3. The request is for more than one accessory building upon the property. 1. The accessory buildings are located in yard space other than the rear yard. 2. The total accessory building square footage exceeds 25 percent of the area of the rear yard. 3. The four -piex is a non - conformity in that it does not comply with minimum lot standards. The side yard and rear yard setbacks would be complied with in this proposal. The proposal submitted in June required a rear yard setback variance. Alternative Two Conditional Use Permits Required: 1. The property is zoned R -2, Low and Medium Density Residential in which multiple family dwelling structures are a conditional use. 2. The accessory buildings will exceed 30 percent of the gross floor area of the principal building. 3. The request is for more than one accessory building upon the property. Variances Required: 1. The accessory buildings are located in yard space other than the rear yard. 2. The total accessory building square footage exceeds 25 percent of the area of the rear yard. 3. The four -piex is a non - conformity in that it does not comply with minimum lot standards. 4. The side yard setback would be 4.7 feet at one corner of the proposed accessory building. A five foot side yard setback is required. The two alternatives do not, and cannot address, the issue of an increase to the non- conformity. By allowing the garage or garages to be constructed, a significant investment is being made to a property that is non - conforming in terms of lot size. Staff recommends that these conditional use permits /variances be denied for all of the proposals. 2 • • RE: ! BACKGROUND Attached for reference: NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Bette 555, St, Louis Park, MN 65416 Telephone: 952.595.9636 Facsimile: 952.595.9837 p {anners@c nacpIanning.com PLANNING REPORT TO: Kimberly Kamper FROM: Scott Richards DATE: August 2, 2002 FILE NO: 798.02 —02.17 Jeff Warren, representing Renton Homes, has requested a planned unit development/ conditional use permit, preliminary /final plat and site plan /site plan review for a 12 unit townhome project on Oakgreen Avenue North. The proposed building site is located on the west site of Oakgreen Avenue south of Hall Family Chiropractic Clinic and east of the Pond View Condominiums. The total property under control of the developer will be approximately 1.25 acres and is undeveloped. Zoning for the property is Central Business District and was included in the area of the Central Business District Urban Design Study. As a result, the Central Business District Design Guidelines apply to the proposed development. In addition to the PUD approval and site plan review, the applicant has requested a preliminary /final plat approval to allow the individual units to be sold as townhomes with commonly owned open space and drive aisles. Exhibit 1: Area Plat Map Exhibit 2: Site Plan Exhibit 3: Site Plan and Project Details • Exhibit 4: Grading and Erosion Control Plan Exhibit 5: Landscape Plan Exhibit 6: Floor Plans Oak Park Heights — Renton Homes: Oak Park Square - Planned Unit Development/Conditional Use Permit, Subdivision and Site Plan Review ENCLOSURE 5 Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: ISSUES ANALYSIS Elevation Plans Lighting Plan Streets /Streetscapes — Central Business District Design Guidelines Preliminary Plat Concept Project Description. Each unit will' be two story and include a two stall e. g ara g Access for the townhomes would be from an existing private roadway (north /south -Pond View) that will lead to a proposed public roadway that be referred to as 59 Street North. The applicant is working with the Pond View Condominium Association to gain access through their existing private road and to purchase additional property. The east/west portion of the existing private roadway will be removed to provide additional green space for the Oak Park Square development. Once 59 Street is constructed, both Pond View and Oak Park Square will access that roadway. The applicant has utilized the Central Business District Design Guidelines as a guide in developing the housing structures. The front of the buildings will feature porches and the building materials include lap siding, cedar shakers, and stone fireplaces. Comprehensive Plan. The subject property is designated as CBD, Central Business District by the Oak Park Heights Comprehensive Plan. The purpose of the CBD designation is to provide a focal point for the community in terms of retail, service, and entertainment businesses, as well as residential opportunities. As such, the proposed townhome project is consistent with the Comprehensive Plan. Zoning. Within the CBD Zoning District, two family, townhome, and multiple family Y dwellings are a conditional use. The approval also requires a concept/general plan of development in that the project will access off of a private street and the individual units will be sold with jointly held common areas. An association will be established to maintain the exterior of the buildings and the surrounding common property. Density. The Zoning Ordinance requires 4,000 square feet of lot area per unit for townhome projects. The lot area is based upon the total area in the project as controlled by the individual or under joint ownership. A 12 unit project would require 48,000 square feet of lot area. The total property of the parcel including the Pond View roadway and the 59 Street roadway easement is 54 017 square feet. Upon � on q p subdivision, easements will be placed over the property for 59 Street and Oak green g right -of -way. The City Attorney has indicated that the total lot area for density i requirements is based upon the property before the easements are established. The Planning Commission and City Council should comment on the density issue and the use of right -of -way areas for density calculation. 2 • Subdivision. Preliminary /final plat approval is required to subdivide the site and to incorporate a portion of the Pond View Condominium property and property to the south for the 59 Street right -of -way. The land controlled by pp the applicant also includes portions of Oakgreen Avenue. The City Attorney has indicated that the Oakgreen and 59 Street property will be held in fee by the applicant and the City will take a right-of- Y pp Y 9 way easement for the City streets. As part of the subdivision process, the City will also require the dedication of easements for utilities and storm water. Park Dedication. The property subdivision will also require park dedication. The City does not have need for park land in this immediate area and all trails will be placed within the easement for 59 Street. The development will have a density of less than 10 units per acre, thus requiring a cash dedication of 14 percent of the fair market value of the land. The applicant will need to provide an appraisal or purchase agreement in accordance with Section 402.08 of the Subdivision Ordinance in order to establish a park dedication cash amount. The Subdivision Ordinance requires the dedication to be deposited by the developer with the City prior to final plat approval. Central Business District Guidelines. In October of 1999, the City adopted a master plan for the Central Business District in an effort to create a pedestrian friendly, mixed use district. In order to guide implementation of the goals and policies of the plan, specific design guidelines for the CBD were developed. The proposed development will therefore be reviewed in regard to its consistent with such guidelines as referenced below: Precinct Designation. The subject area, Pond View Condominiums, and the commercial property at the corner of Highway 36 and Oakgreen Avenue was not placed in one of the specific precincts identified in the Design Guidelines. The project will be reviewed under the residential precinct guidelines. Building Context and Character. The Design Guidelines state that buildings within the residential precinct should be characterized by pitched roof buildings, entry porches, underground or tuck -under parking, and appropriately landscaped front yards. The proposed plan is consistent with these guidelines. Building Setbacks. The Design Guidelines specify the following: Front Yard: Minimum 5 feet / Maximum 15 feet Side Yard: Minimum 0 feet / Maximum 5 feet Rear Yard: Minimum 10 feet / Maximum 30 feet The front yard (from 59 Street) would be consistent with the Design Guidelines. The west and east property lines would also meet the side yard standards. The northerly building would be approximately five feet (at the northeast corner) from the rear property line and three feet from the west property line. The northerly building is situated at an • angle to the property lines because of an existing utility easement that dictates building location on this property. 3 The building placement would be allowable by Building Code standards in that the window and door openings of the facade would be at least five feet from all ro ert p p Y lines. Building Width. According to the Design Guidelines, buildings in the residential precinct should be divided into increments of no more than 24 feet in width. Each of the townhome units proposed are 22 feet in width and feature an offset with the adjoining unit. Building Height. The CBD Zoning District establishes a maximum building height of 35 feet. The guidelines state that the building height should vary between two and three stories. The proposed building is approximately 32 feet and its highest point and has two stories above ground. Roof Design. The guidelines state that residential roofs should be pitched. The project is in conformance with this provision. Ground Level Expression and Entries. According to the Design Guidelines, buildings g should have porches and balconies to identify front entry and to create character to the building. The buildings are designed with porches that face 59 Street and to the north. Building Materials. The Design Guidelines state that buildings should be constructed of authentic materials such as wood, brick, stone, cast stone, stucco or pour -in -place concrete. Accent materials may include metal, glass, block, copper flashing, or similar materials. The buildings are to be constructed with steel lap siding, cedar shake accents, stone fireplaces, and asphalt siding. The Planning Commission should review the building materials and colors to determine consistency with the Design Guidelines. Of concern may be the use of steel siding as a predominant building material. The applicant will be required to present building material samples for review by the Planning Commission and City Council. Walkways. The Design Guidelines state that sidewalks in the residential precinct should be a minimum of six feet in width and that be placed along all public streets. The plans indicate the placement of sidewalks on each side of 59 Street. Additionally, the plans show sidewalks on the west and north sides of the buildings. City staff has recommended that six foot sidewalks be placed on both sides of 59 Street or an eight foot trail on the south and five foot sidewalk on the north. The Parks Commission, Planning Commission, and City Council should determine if a public trail /sidewalk should be placed along Oakgreen Avenue. The sidewalk on the west side of the project would need to be placed on the Pond View Condominium property for which written permission would be required. Lighting. The Design Guidelines state that lighting should be designed to reduce g lare and be in scale with the surrounding buildings. Fixtures are required to at a pedestrian 4 • • • scale, not more 14 feet high should be located on walkways and trailways. For arkin P g lot lighting, fixtures must be in scale with their surroundings with cut off fixtures. The applicant has submitted a photometric plan with eight foot light fixtures. The lighting plan will need to be considered with the Design Guidelines and Zoning Ordinance provisions for lighting. The ordinance specifies that no light source which cast light on a public street shall exceed one foot candle meter reading at the centerline of the street nor cast light on adjacent property not more than 0.4 foot candles as measured at the plan line. The lighting lan will need to be revised to be made consistent with the ordinance requirements. Additionally, details of the fixtures will need to be provided to assure full cut off. Landscaping. The Design Guidelines state that landscaping is strongly encouraged gY g and that in the residential precincts, front yard landscaping is required and should have a combination of trees, shrubs, ground covers, and turf. The landscape plan indicates that existing trees will need to be removed and significant additional plantings have been added adjacent to the buildings, on the yard adjacent to Oakgreen Avenue, and on the Pond View property. Written permission from the Pond View Condominium Association will be required for placement of plantings on their property. The City Arborist has indicated that a tree inventory will need to be completed for the property. The final landscape plan is subject to review and approval of the Cit 110 y Arborist. p Y Access /Streets /Streetscape. The plans for Oak Park Square indicate a 40 foot roadway within 64 feet of right -of -way for 59 Street North. The right-of-way would be in Y placed n a parcel of land currently owned by Tim Nolde, but would be purchased by the ' Y applicant. The right -of -way would be under the Xcel Energy power line easement. 59 th Street would eventually extend from Oakgreen to the right -of -way that has already been established within Haase Addition. The roadway would intersect with Novak Avenue that is proposed from 60 Street North to 58 Street. The proposed 59 Street would P P also provide access to the Oakgreen Villa project that is currently being considered at this time. • The Design Guidelines recommend a 40 foot roadway with parking on both sides within a 62 foot right -of -way. Trails /sidewalks would also be placed on both sides. The ri g ht- of -way would also allow for trees and streetscape elements within the boulevards. Exhibit 9 indicates the desired street /streetscapes within the Central Business District Design Guidelines. With the potential projects planned on 59 Street for 2002, it is recommended that plans be drawn for 59 Street and Novak Avenue with construction in 2003. Permission for access through the Pond View Condominium drive could be granted for the Oak Park Square project until 59 Street is completed. Once 59 Street is complete, the Pond View Drive would become green space for the Oak Park Square project. 5 Parking. The Zoning Ordinance requires that all townhome units are provided with two spaces per unit, both of which are in a covered garage structure. The building /site plan indicates that each unit will have a two stall garage, although the garages are designed at 21 feet in width and 18 feet long. The garages should be designed to be at least 20 feet in length. Additionally, there is adequate space in front of each garage door to allow for two guest parking spaces. 59 Street will be constructed with parking on both p 9 sides of the street. All of the driveway and exterior parking stalls meet City requirements and will be asphalt with cement curb and gutter. Snow Removal. The applicants should provide provisions for snow removal on the site due to the limited open area. The applicant may need to work with the Pond View Condominium Association for snow storage on their adjacent property or assure that the new homeowner's association will remove all snow from the site. Grading and Drainage. The applicants will be required to provide drainage calculations for the proposed site. The property drains to the north to the existing drainage pond north and west of the property. The pond has been adequately sized to accommodate this development. The drainage plans and the requirement for additional drainage easements will be subject to review and approval of the City Engineer and applicable watershed authority. Utilities. Utility related issues and plans shall be subject to review and approval of the City Engineer. Sewer and water utilities are in place through an easement that traverses the subject property. Signage. The applicants have proposed stone identification signs within what will become the right -of -way easement for Oakgreen Avenue. The monuments will need to be pulled off of the easement and onto the townhome common property. Trash. All townhome projects will be individually responsible for storage of trash receptacles. Conditional Use Criteria. Section 401.301.E of the Zoning Ordinance specifies criteria for review of conditional use permits for townhome projects in the CBD District. The criteria are as follows: a. At least two parking spaces per unit must be provided on site, or proof is shown of arrangements for private parking nearby. b. No physical improvements, either interior or exterior, may preclude future re -use for commercial purposes. c. Unit floor areas must comply with Section 401.15.C.6. d. Compliance with conditional use requirements of Section 401.03.A.8. 6 • • Development Agreement. A development agreement between the applicant and the City will be required as part of the approvals subject to the City Attorney and City Council review and approval. As part of the agreement, the provision for street and utility construction, as well as payment for area charges, would be included. Additionally, the City Attorney has requested copies of the restrictions and covenants and party wall /common area agreements as part of the project review and approval process. e. The development does not conflict with existing or potential future commercial uses and activities. f. The density standards imposed as part of the R -3 Zoning District are complied with. g. Adequate open space and recreational space is provided on site for the benefit of the occupants. h. The development does not conflict or result in incompatible land use arrangements as related to abutting residential uses or commercial uses. i. Residential use be governed by all applicable standards of the Zoning Ordinance, Building Code, Housing Code, and Fire Codes. j. Residential and non - residential uses shall not be contained on the same floor. k. Residential uses shall be provided with a separate entrance, and separately identified parking stalls. The Planning Commission should review the criteria and determine if the project complies with the intent of the Zoning Ordinance. City staff does not recognize any Y significant issues that would prevent approval of this project based upon the preceding criteria. CONCLUSION / RECOMMENDATION Based upon the preceding review, the project proposed is consistent with the criteria within the Zoning Ordinance and Central Business District Design Guidelines. City staff recommends approval of the concept/general planned unit development/conditional use permit, subdivision and site plan review for Oak Park Square based upon the following g conditions: 1. The applicant shall secure an access easement from the Pond View Condominium Association for driveway and sidewalk access subject to review and approval of the City Attorney. 2. The applicant shall purchase the existing Pond View access roadway area from the Pond View Condominium Association. The property transfer shall be verified by recorded documents subject to review and approval of the City Attorney. 7 3. The applicant shall secure written permission from the Pond View Condominium Association to place trees /landscaping on condominium property. 4. The Planning Commission and City Council should comment on the density issue and the use of right -of -way areas for density calculations. 5. The applicant shall provide the City with a preliminary and final plat in conformance with specifications of Section 402 of the Oak Park Heights Subdivision Ordinance. 6. The applicant shall provide an appraisal or purchase agreement in accordance with Section 402108 of the Subdivision Ordinance in order to establish a park p dedication cash amount. 7. The Planning Commission should review the building materials and colors to determine consistency with the Design Guidelines. The applicant shall be required to provide building material samples for review by the Planning Commission and City Council. 8. The Parks Commission, Planning Commission and City Council should comment on the need at this time for a sidewalk on the west side of Oakgreen Avenue. 9. The Parks Commission, Planning Commission, and City Council should make a recommendation as to the width and type of walkways (sidewalks versus trails) on the north and south sides of 59 Street. 10. The lighting plan will need to be revised to made consistent with Zoning Ordinance requirements for lighting. Details of the light fixtures shall be provided by the applicant to assure full cut off. 11. The applicant shall provide a tree inventory subject to review and approval of the City Arborist. The landscape plans shall be subject to review and approval of the City Arborist. 12. The interior dimensions of the garages shall be revised so that both parking stalls are at least 20 feet in length. 13. The applicant shall provide a snow removal plan subject to review and approval of the City staff. 14. The applicant shall provide drainage calculations for the proposed site. The drainage plans and any additional required drainage easements shall be subject to review and approval of the City Engineer and the applicable watershed authority. 15. Utility plans shall be subject to review and approval of the City Engineer. 8 • • • • 16. All monument signage shall be relocated onto the townhome common property subject to review and approval of City staff. 17. A development contract between the applicant and the City will be required as part of the approvals subject to City Attorney and City Council review and approval. Copies of the resolutions and covenants and party wall /common area agreements shall be provided by the applicant subject to City Attorney review and approval. pc: Kris Danielson Mark Vierling 9 NOLLIU 1 0A18 WIN NI NO kW NNW MI • NO 30N3111 LI ON ON XI iO3 ill MO 11111111111114 9 ON 00NO3 S1H0131-1 )10/.1 >IY0 40 £W dINSWPOi tftaave 1 1 • — NUN — • 1 IHSNM01 NIAO.LAVEI 1 r • _ • • 1 •• • : .. • • . • :+ . . l • -. • . - :: • .. 2• .5: . A 1 . � • t.. + i w • J V _ ,• ; t .. fs . •• • • r t .♦ ..'� i • • s • '• ,• 1: . •t • . • i } , • . .• ♦ .! •• • • '• ' • • i • ; , , : . ; .- • �' '' ' � I • / • � e� �+ (� �+ ` •♦ • .� ' • • , ., ; , , • . t • •,C • Sl • •J r :1 • • •• E J • • • �� • •� r, : .. •� , ; _ . , • ; . ' . ` • . • • ,- � �r dd • 'j t . i •.� ••..•• • . +' .. . ;h: 1s t, . . q- t•.11'i •f mo - i . �, �. a •� • :. •' • ... . �. �, •� � . : ,• ti . 1. • '`• ...- ,,.... s ♦ . N " 0. -10 t. t 70 0'7.: -win . •R ts* • •titgoti �; ••i, t• .r ••.•. ♦•� •' •• i •:s'�•�� , ••., • • ,. , . '• '' • •.� • •• ~••� • t �� • - . t ` • • • • J Y : A1.1 '+ ' . • � O A PARK SQUARE TOWNFIOMES M 9 nowt v IF YT1MT TIM JrN. ' • SPECIFICATION, OR RIPORT WAS PREPARED BY •• DIRECT PE AND THAT I AM A DULY REGISTERED ARCHITECT UNDER . ' TIME VAMS @FTHE STATE Cr MINME90?A. •. • . • g •; i •` �• t ... ; ' •:� - •• .f..:' • H • , • • : I. • . S00 SCOW C MOWER REii.1eMJlIdFR • ••: • r. ... _ j •t i . • r •Y i •a � • i" • . � • . _ ? • • i a .� - __E_ � ..— Y _ �. •, � • •• — � . •i•• �'.. .� t _ w. •, t,. .. �» m z 5 1 • z rq z 0 r'1 PalixAm Ilifitpliiiilittigoiti w ell si ig Ito§ n atl - ti 1 2 W ig Iff / t ip! rE id I t t • iltrumpromptirmirtmu mop ir nu 11 t il W , a .. LOT Liter PROPOSED DRAWINGS FOR PLANNING AND COUNCIL APPROVAL AV N NORM 1 1 • 0 0 % ▪ - . + - 1�0!td'MMM•''LR90 -UL-45 .101- Z6ttiS9" • s . : ':: • .or ''11,1Yd, :18 1 , bili aLK 1 1t1Mfl94 Stz. • • 1 J z g � �o a 1 i • • - Z 0 t --1 41 LLt 0 c a W . , ..c 6 au Q c u Z 0 1� w Z w a. 5 w e 3 ...., CO ..-1 00 O Q LA 11 'Q C • , 0 0 u) 'tp a L ► E z p J O c it in,-1 0 O �y11'�Mrt OW — 0 6 �Q j c V� OC EM. M ♦ N� V O p Z W Oa v.-1 I Cl Q1 0 Q iu >M E M 8 c0c .* T 4r O m 0 ii N ww r 0 'J W t0 rw _ W in In I C 6L 0 /1 U �,s I c ( �..� E oo ro a� — O ^ .0 a) m CI < U Ili c+)...)F -u..<C Qacycn(1)I - u_ . j • • 1VAObddd ONd ONINNd1d 11Od SONIMVJICI GJSOdOdd 6 } VIM WWI 9Z96T •VJ.O91 JJ 1 JO 31YUS 3111.40 SMY7 OH1. Ntt' OHL armt 40*S1Ig1s7dnS IMMO AH IsOMf i V0 `9N t9 =WOW SYM ./.10011110 'N$OIL1 VL *WU Stilt 0111. AJ1113A MOWN t • •�� SHIAIORNIA auvnbs )flIVd x m 3P XI a � a 0 xi rn 0, RENTON IIO]dES OAKPARK SQUARE OAK PARK MOM, ETA MUL'li- -FAVILY DEVELOPANT - PROPOSED GRADING & EROSION CONTROL PLAN DIVE I DiNI / 215 lake � Mew North Lake Eki SIN 55042 Phone: (651) 770 -8448 Fax (651) 7?O -25M2 Ilex reteenc.com Da. 6/20/02 Drown ley TAE Dag. No. RENTBAS 1 hereby certify that this plan woe prepamd by me or under my direct supetvhdon and that 1 am a duty i.icens.d Professional Engineer under the love of the State of Minnesota 11 Sion Name: Dots Menu No. Na REVISED PARKING LAYOUT & FUTURE ROAD REMSIDON DEScRIPnON W DAIE 'RY ( uuNoscnve LEGEND QTY. SIZE t# 4 * UMW .5' E#I ' WQIa NS; I 'a!0 »S'E lD 5# 41` *It ' weIQ MS' T . EdI I 'Wad NS E a 0 i N Ni # S 4 GE >9E SE W .. 1 vi 114 - N - - re r4 N ir.,H Pt On-3W311drIS JSVOGN310011D VSO SPIREA 3AP LITTLE PRINCESS HOSTA GOLDEN TIARA- LAVENDER RHOD WHITE LIGHTS AZALEA WHITE FICEA GL CONICA DWF ALBERTA SPRUCE FRAX PENN MARSHAWS ASH BETULA NIGRA RIVER BIRCH ACER SAC FALL FIESTA MAGNOLIA STELLATA DESCHAMPSIA CESPITOSA PRAIRIEFIRE FLOWERING CRAB HEM CAREY QUINN DAYLILY -RED CONVALLARIA MA)ALIS PEROVSKIA ATRIP RUSSIAN SAGE SYRINGA RET CORNUS RACEMOSA i IUNIPERUS SAB ARCADIA 'CILIA AMERICANA SPIRAEA NIPPONICA/HALWARDS SILVER HEMEROCALUS RELOCATED FROM LOT TO BE REMOVED GROOTENDORST SUPREME V1SOH V321IdS SSSONDid 31._U1 AZALEA WHITE LIGHTS DWARF ALBERTA SPRUCE MARSHALL SEEDLESS ASH 31dVW vvens FatII SSVHD VIVH =au V1nONJVW WiS LOWERING CRAB AYLLLY LILY OF THE VALLEY RUSSIAN SAGE 'J APANESE TREE LILAC RAY DOGWOOD .JUNIPER LINDEN REDMOND NIPPON SPIREA STELLA OE ORD DAYLILY WOOD MULCH WHITE OAK < m U 0 wI&. C7 x H n Y .d Z 2 O o._4' d tnh D> . i •. ...... • r . J . , i •> • y� o: • �j. . �y�y M .� • ► �A • • � I i. , J � ,....:-. /. •-•.: .• • `a :4:i , '11. ,, , � "3 ' .' ..:i.; : • • ti -' 1: .. . :y 4,it 4.-S . ,. �• , ' - � : ' . ;� . •�: S, f �' T. • ��' .� f� • - �`• .� ,. A = . 7 �Vl ,. • �. `• • • r • � , . • . .. • : • I • i J •' :' ._ • - a ' e r .. • .....• • � _ •- ; : • .', i Z 3 J' • ; : • ./M t . 133 a• . ..., , • • • _ duvnbs NHI9rd )1197.0 w1033NNIW 90 31ViS 3141 JO SMV 13141 1130M1 J:l3nI1O1N 0318)51 1 AIM V NV IDIUONV'NOw 1Av3dnS1: a3Ia A141@ONt1 VO'3N AV Ol3Md311d SYM.LVOd3111I0'NOILYJIJWdS 'N Y1d SOLLIVHL anon moot 1 N ��oN 3 nAGn N334D b r HflION finoD '1S H109 3n111a 3JYAI21d IVA0Vddlf ll1Nnoo ONV JNIN S9NIMVJCI C2SOdOdid 41 (1) 0 t 411:1 i�� , � QD '1 lr I , 1 tI� f I� • ll lI I ‘ r1 1 ‘4V CD jg 0 0 000 G. "OW VIP 'AP Y�i!EitiGL��T. +135 -� CD OIg J 0 : 1 i ll g o Iliii' '0, ; 02.4 EM . Pm vh I . s, i lig id I.; 1116: Ilk m W D N • OAK PARK SQUARE TOWNHOMES • a I oo 3 � a 1 HEREBY VERIFY THAT THIS PUW, SpecIFK ITION, OR REPORT WAS PREPARED BY ME, OR UNDER MY DIRECT SUPERVISION, AND THAT I AM A DULY R6QMRED ARCHITECT UNDER • THE LAWS OP THE STATE OP HINNESCTA. • 18626 SCOTT C. MOWER DIrTE R1+6. NUN ER • .t • ry a �—�— PROPOSED DRAWINGS FOR PLANNING AND COUNCIL APPROVAL • 0 • • • •f. • d. 14 : 'Oet 31((1S :133bIUS 41.4104 iSY3 5a • • ; A• .�' • sit S. �. • .�- ,O . � • . ^• • 3 a • • i• • • • IMA003ddV IIONf1OO ONV ONINNY1d ?!Oa S9NIMVIa 03SOdOdd o fz. 0 legosnri • aiLYO IBMOH 71WW5 91261 1/10531RJ01 d0 31Y.IS M41..1O SMY1 OIL 7a0Nit =WOW ®1d151h3I1 Aina Y pw I LvKL ONv'Ho1 IA1adf1S 1S21110 All moan Ifo'IW A8 0YVV l M svM DOM tlo 11011V31:1173415 'NY7d SIELL LYFLL MI%9A At13$JFi 1 imimmumm 11111111111111 11111 ummuinffill,) IIIIIIIIIi1IIIuII" a 0 SEIF\IOHMJW :nwnbs x • CV003 DD 3>DDb: V13'U1• 1 i - Lur<inaire Lo c Pro ation tects Sur ry Pro iect= Alt EA A r Label IA 10642 10731.5 10599.12 10737.25. 10735.75 10733.25 10592.62 10734,37 L8'89901 LE'SELOI X 9490.75 9490.75 9491,25 -- 9361,75 9422.62 9456,87 SL8'61E6 S29'1626 1 9284.37 9286.37 . CO CO CO CO CO CO , CD 00 00 CO N 270 222.825 270 180 180 0 264.644 0 Orient 313.531 270 O O a Cr 0 0 1 C! 0, Tilt 0 0 CC100000 . On On - Status On On Q 3 2 m z 4:klsr 8f r , a � C � � - 0 0 h Q � I 0 :i: rD ( S rf- ro O d Q 3 3 3 n n 3 n a N iz) < Q +r P x O O 0 < 0 (0 3 0 O Q z # us h n r 3 n 3> 0 O n w c - s, n V1 3 P 0 D z r P1 O 0 0 0 IP) x x P3 73 w w ;o 00 0 0 b r 0 0' a - 3 to dO 3 '0 3 '0 3 r r in 3 q_uaudoianag awoqumoi • • Right-of-Way • Residential Precinct 15. STREET TYPE EXHIBIT 9 Landscaped buffer strip - tr • 'Al.‘'4116-1r4Z " inCEVCWIE • 1.111111111; •Pedestrian-scale lighting •Special paving *Railing •Ornamental wall •Landscaping 19. STREETSCAPE ELEMENTS • maim uNg . . :awoN )U •o}osauuw4 Jo ems eq; 3o sMOI e4} .iepun Jeeul6u3 Iou0l8seJ0.1d pesueol1 Amp D WO I lain pub uopiyoudns loegp iapun Jo aw r(q peiodeid see uold 81 1 411- Fge.te4 1 3V1 ice uMOJI zo/oz/g e;od SflO57U UXOIX Nrd 1011.1,N00 NOISOU1 �S fNIMID QRSOdOHd �N 1YMO�IdA�Q ./1174 LL'IM agvnbs xxvaxvo s�wox HosKau c) 4 OVON 3W1I111 ' in4AVl ONbl iYd O3SIA321 SNOILVWWWOJNl 101 Q3SIA3et • 1 OM e` a b 0 � a 6 0 t4 j O SA8 O 0 0 ww 0 0 0 a W 0 N 8 0 0 0 a 11 11 u~ cn fd n g Id ai V Id 1 Z55Z - 011 (159) •xa3 8118 (158) :auoyd 0055 NIA OW13 a (D7 y1�N enueAV NIB ar7 5Z9I' • • LIV UM (Nod :1 zs DION 31 N3] O 4YO o cg N N of tl 0 N VlUbdNNIfl SLHJ1.4H 11dgd )IVO 0 F W