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HomeMy WebLinkAbout07-11-2002 Planning Commission Meeting PacketCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA 7:00 I. Call to Order 11. Approval of Agenda III. Approve Planning Commission Minutes 1. June 13, 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: Thursday, July 11, 2002 - 7:00 PM A. Steve Sv Lynn Thron: To consider request for variance for construction of garages for an apartment building at 14386 58th St. N. (2) B. WATE Enterprises: To consider request for amendment to planned unit development for construction of a new building, on Memorial Ave. N. (3) C. Stillwater Motors: To consider request for amendment to conditional use permit for parking lot expansion. (4) D. Valley Senior Services Alliance: To consider request for amendment to planned unit development, allowing for mechanical enclosure /landscape screening. (5) E. Walgreen's: To consider request for amendment to conditional use permit at 6061 Osgood Ave. N. (6) G. Continued - 401 Ordinance Amendment: To consider amendment to City of Oak Park Heights Ordinance 401 as it pertains to signage. (7) ilk 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. CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA VII. New Business VIII. Old Business IX. Informational X. Adjournment Upcoming Meetings: August 8, 2002 - Regular Meeting - 7 :00 PM Council Representative: July - Commissioner Runk August - Commissioner Vogt • CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, June 13, 2002 ENCLOSURE 1 Call To Order: Chair Vogt called the meeting to order at 7:00 p.m. Present: Commissioners Powell, and Runk; Community Development Director Danielson, City Planner Richards, and Council Liaison McComber. Arriving Late: Commissioner Liljegren. Absent: Commissioner Dwyer. Approval of Agenda: Community Development Director Danielson noted that three items continued from the May 9th meeting were not on the Agenda, and stated that it will be explained further in the meeting. Commissioner Runk, seconded by Commissioner Powell, moved to approve the Agenda. Carried 3 -0. Approve Planning Commission Minutes: Commissioner Powell, seconded by Commissioner Runk, moved to approve the minutes of May 9, 2002 with minor changes. Carried 3 -0. Department /Commission Liaison Reports: 1. Hwy. 36 Partnership Study: Mary McComber reported that the partnership committee met on June 12th and found itself deadlocked, stating that the group is evenly split on which concept to choose for handling the issue. McComber added that the Hwy. 36 Partnership Study will continue on into September. 2. Other Commission / Liaison Reports: None. Visitors /Public Comment: 1. Pete Groth, 115 Myrtle Street: Pete Groth requested that the City do something about vehicle noise, specifically the sounds emitted from car radios and vehicles missing mufflers. He stated that he believed all vehicles should be required to have mufflers, especially inside city limits. He asked that the City do something, perhaps set up a roadside display to show drivers their vehicle's decibel level like the roadside speed displays. He stated that he would like to see the City start promoting cluster development, and that he would appreciate seeing more green space about the City. He concluded by stating that he believed Boutwell's Landing was overdone, and that he would like to see more affordable housing in the area. Chair Vogt informed him that City Council would be the best group to voice his concerns about loud vehicles to, and that the City of Oak Park Heights is working on affordable housing. Public Hearings: Planning Commission Minutes June 13, 2002 Page 2 of 6 A. Century Power: To consider a request for conditional use permit for building addition and remodeling, located at 5920 Memorial Ave. 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 7:24 p.m. Robert Stiglich - General Contractor provided the Planning Commission with drawings of the proposed structure, and brought in samples of the building material. He stated that the new building would be using the same colors and materials and the existing structure, and that they would be creating new windows and horizontal designs to break up the structure's facade. Alan Kretman - Project Consultant stated that they would be meeting with the Brown's Creek Watershed District on Monday June 17th. He informed the Commission that they hope to create rain gardens, which will slow the rainwater down to allow particulation without needing on -site ponds. He informed the commission that the Century Power site would not be in compliance with the City's Tree Ordinance, but that as many trees were placed on the site as possible. Community Development Director Danielson replied that this would not be a large issue, pointing out that a donation can be made to the City's Tree Planting fund instead. He concluded that he would be meeting with Arborist Widin during the week of July 17th to determine the number and variety of trees that would be lost. Discussion was held on the storage of outside vehicles, both those used by Century Power and those for sale. Community Development Director Danielson noted that Century Power could comply with City Ordinances by simply fencing in or screening their service vehicles from public view on the south side of their building. Further discussion was held over the signage for Century Power, specifically how large the sign can be. Planner Richards stated that the current sign does not fit with the 50ft requirement of the B -3 zoning district, and that Century Power may request to keep their current sign. Commission Liaison McComber inquired as to why some parking stalls were 18ft, instead of the required 20. Planner Richards stated that the ordinance allows for 18ft stalls with 2ft overhangs, which are present at the site. Commissioner Runk, seconded by Commissioner Powell, moved to close the public hearing at 7:52 p.m. Carried 4 -0. • • • • Planning g Commission Minutes June 13, 2002 Page 3 of 6 Commissioner Runk, seconded by Chair Vogt, moved to recommend that the City approve the applicant's request for a conditional use permit for a building addition and remodeling, subject to the amended conditions within the June 6 2002 City Planner's Report, as follows: 1. Outdoor sales items shall not be displayed in required parking stalls. All vehicles for sale must be placed on a concrete or asphalt surface. 2. Outside sales shall be limited to 20 percent of the interior retail sales area or 3,000 square feet. 3. Service vehicles shall be confined to a screened area on the south side of the building and shall be properly screened by landscaping as approved by the City Arborist. 4. All repairs must be conducted inside the building. No parts storage or parts vehicles shall be stored outside of the building. 5. Any allowance for display of outdoor merchandise for sale in the yard or on grass areas shall require application of a variance, as specified in Section 401.01 of the Zoning Ordinance. 6. The site plan has been revised to accommodate at least 115 parking stalls. Proof of parking stalls will be allowed, as provided for on the approved site plan. The City Council may order, at any time, the construction of the proof of parking stalls. 7. The 18 -foot parking stall length is adequate for the outside perimeter parking stalls on this site. 8. The landscape plan and tree preservation plan shall be subject to review and approval of the City Council, and City Arborist. 9. Screening of heating /air conditioning units, electrical transformers, air handling equipment, trash receptacles, and roof top equipment shall be required as part of the landscape plan and building plans, subject to review and approval of City staff 10. The building plans have been revised to include additional vertical elements and building detailing, especially on the north and south facades. The plans are acceptable to the Planning Commission, and subject to review and approval of the City Council. 11. Building samples are acceptable to the Planning Commission and subject to the approval of the City Council. 12. The lighting plans shall be revised and updated to include fixture elevations and photometrics that are compliant with Section 401.15.7 of the Zoning Ordinance. 13. No signage approval is given with this application. An application for a sign variance will be required for moving the existing pylon. 14. The applicant shall submit a plan for site snow removal. Planning Commission Minutes June 13, 2002 Page 4 of 6 15. All grading, drainage, and utility plans shall be subject to review and approval of the City Engineer. 16. Browns Creek Watershed District approval of the plan is required. 17. The existing/proposed building shall be brought current with all building/fire codes as required by the Fire Marshall and Building Official. Carried 4 -0. B. Continued - Oakgreen Village Villas: To consider amendment to City of Oak Park Heights Ordinance 401 as it pertains to signage. Community Development Director Danielson summarized the history of the application. Chair Vogt opened the hearing for public comment at 8:11 p.m. Ken Hooge of Sr. Housing Partners informed the Commission that tax credits that the project qualifies for requires that the buildings be occupied by the end of 2003. He continued, stating that Sr. Housing Partners would have new plans submitted by the end of the week of June 17th, and that they would like to begin construction by the end of 2002. While the group would like construction to begin as soon as possible, he stressed that he understood that planning reviews take time. He said that Sr. Housing Partner's is redesigning their development, and that this version was significantly different from the last plan. This version contains lots of open space, conforms closer to the CBD guidelines, maximize views from the buildings, determine road access, and that he believes they are on the right track. Commissioner Runk asked if Sr. Housing Partners had contacted the Pondview Association concerning the project. Community Development Director Danielson informed him that the two groups had been given each other's telephone numbers, but that the City was not aware of any conversations. Commissioner Runk replied that he would like to see that the group was aware of the project before it begins and they show up at City Hall. Discussion was held over the length of the extension, and it was determined that the project had been extended into August. Ken Hooge stated that Sr. Housing Partners may not have all the required information ready for the Commission by the June 21st deadline for the July Planning Commission meeting, but they would try to get it all in. Commissioner Runk, seconded by Commissioner Liljegren, moved to continue the public hearing to the next meeting of the Planning Commission. Carried 4 -0. • • • p • • Planning Commission Minutes June 13, 2002 Page 5 of 6 C. Continued - 401 Ordinance Amendment: To consider amendment to City of Oak Park Heights Ordinance 401 as it pertains to signage. City Planner Richards informed the Commission that, due to unforeseen circumstances, the new draft of the City's sign ordinance had not been prepared. He stated that the Commission would have a copy of the document by their July meeting, and that the Commission had been provided a copy of the ordinance's definitions. New or changed definitions have been highlighted or underlined. Chair Vogt opened hearing for public comment at 8:23 p.m. Jim Thienes, Safeway Driving School, 5859 Neal Ave: He informed the Commission that he was concerned with his business' lack of visibility from 58th street and Neal Ave. He tells customers that he is located next to Dominoes, a neighboring business with a non - compliant sign in the rear of their building. City Planner Richards noted that the issue of signage at the rear of buildings has been addressed by the sign committee, and that several of the committee's recommendations have been more lenient than the current ordinances. However, he stated, this issue will need to be discussed later on. Commissioner Runk, seconded by Commissioner Powell, moved to continue the public hearing to the next meeting of the Planning Commission. Carried 4 -0. New Business: None. Old Business: None. Informational/ Update: 1. Oakgreen Village/ McKean Square Application Status: Community Development Director Danielson informed the Commission that the applications for the Oakgreen apartments, townhomes, and McKean Square West have been withdrawn, as well as the shared services agreement for McKean Square East. While these applications have been withdrawn, she stated that she believed new plans would be submitted for the projects. 2. Re- appointment of Commissioner Dwyer: Chair Vogt noted that Commissioner Dwyer had been re- appointed to the Planning Commission by the City Council and offered his congratulations. 3. Routson Motors 86 Stillwater Ford Sign Issues: City Planner Richards stated that he and Building Official Butler investigated the two sites to ensure that they were in compliance with the conditions of their approval. Adjournment Commissioner Powell, seconded by Commissioner Liljegren, moved to adjourn at 9:48 p.m. Carried 4 -0. Res . ectfully submi Planning Commission Minutes June 13, 2002 Page 6 of 6 He reported that at Stillwater Ford, the Lincoln Mercury and Stillwater Ford logo signs were reversed, due to the curvature of the signs. Also, the monument sign at the south of the dealership has not been installed yet, possibly because there are too many cars parked in the area. Planner Richards stated that Stillwater Ford faced no penalty for not installing the sign and that they would be permitted to construct it at a later date. Community Development Director Danielson informed the Commission that there would be a meeting scheduled in the future to look at other issues at the dealership, including the not - yet - constructed employee parking lot and the missing planter boxes. City Planner Richards stated that questions have been raised about the sign lights on the Routson Motors dealership. He has been unable to view the signs at night, but Planner Richards has heard that the signs are lit with a box light effect, not a o. He the commission that he would be driving by the dealership after the meeting to determine if this is the case. Scott Johnson Community Development Approved by the Planning Commission: • 411 1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.596.9636 Facsimile: 962.595.9837 planners@nacplanning.com PLANNING REPORT FILE NO: 798.02 -- 02.15 1PK:LuF& 2 TO: Kimberly Kamper FROM: Aaron Jones / Scott Richards DATE: July 2, 2002 RE: Oak Park Heights — Thron Apartments Conditional Use Permit / Variances to Construct Two, Two Stall Garages BACKGROUND Steve and Lynn Thron, owners of the four -plex at 14386 58 Street North, have requested a conditional use permit and variances to build two separate, detached, two stall garages upon the property. The lot currently is developed with a four -plex multiple family unit. The request is to build the garages upon the property within what is considered the rear and side yards. The conditional use permit is required for the following reasons: 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. The variances are needed for the following reasons: 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 -plex is a non-conformity in that it does not comply with minimum lot standards. 4. The rear yard setback would be six feet for the proposed accessory building. An eight foot rear yard setback is required. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: ANALYSIS Conditional Use Permit. b4k KAI Site Plan Project Description Proposed Accessory Building Elevation R -2 District Standards (Section 401.26.E). The property is zoned R -2 District in which multiple family dwelling structures of not more than four units are a listed conditional use. The ordinance requires that multiple family units in the R -2 District comply with the following conditions: 3. Multiple family dwelling structures of not more than four (4) units, provided that: a. The proposed site contains at least three thousand five hundred (3,500) square feet per dwelling unit. b. The proposed site is located adjacent to a collector or minor arterial street. c. At least one (1) garage space is provided for each dwelling unit. d. The proposed site is landscaped and screened with planting materials in compliance with Section 401.15.E of this Ordinance. e. The proposed structure design is reasonably compatible with its low density residential environment, as determined by the City Council. f. The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. The lot, with 10,800 square feet, does not meet the minimum standards for a four -plex in an R -2 District. The lot would need to be at least 14,000 square feet to be conforming. A variance, as discussed below, is required to deviate from this standard and to allow improvements on a lot that is non - conforming. Additionally, the lot is not adjacent to a collector or minor arterial street. A conditional use permit is required to make site plan changes for a listed conditional use in the R -2 District. Size Limit (Section 401.15.D.9). The ordinance requires that accessory buildings (other than for single family dwellings) shall not exceed 30 percent of the gross floor area of the principal building. The accessory buildings total 1,152 square feet. The gross floor area of the apartment building is 3,696 square feet. The accessory buildings are 31.2 percent of the total gross floor area of the four -plex. A conditional use permit would be required to deviate from this standard. 2 a '� Numbers of Structures (Section 401.15.D.8). The ordinance requires a conditional use permit for the construction of more than one accessory building on a lot. With two accessory buildings proposed, the request requires a conditional use permit. Conditional Use Permit Criteria (Section 401.15.D.13). The ordinance provides criteria for evaluating conditional use permits under the accessory building section. A list of the conditions are as follows: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. b. In the case of residential uses, no commercial or home occupation activities are conducted on the property. c. The building has an evident re -use or function related to the principal use. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. e. The provisions of Section 401.03.A.8 of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. The proposal for the subject property is generally in compliance with the criteria provided for evaluation of accessory building allowances. Variances. Location (Section 401.15.D.2). The ordinance requires that no accessory building shall be erected or located within any required yard other than the rear yard. The two accessory buildings would be totally or partially within a side yard, thus requiring a variance. Lot Coverage (Section 401.15.D.4). The ordinance requires that accessory buildings shall not exceed more than 25 percent of the area of a rear yard. By ordinance definitions, the rear yard for this property would be 1,008 square feet. The total square feet of the proposed buildings would be 1,152 square feet, thus requiring a variance. Non - Conformity (Section 401.15.A). The four -plex is a non - conformity in that it does not comply with the minimum lot standards for four- plexes in the R -2 District. The non- conformity section of the Zoning Ordinance does not allow for significant expansion or construction of new buildings on multiple family lots that are non - conforming. A variance from the non - conformity section of the ordinance is required for this project. Setbacks (Section 401.15.D.3). The Building Official has indicated that an eight foot separation must be maintained between the apartment building and the proposed accessory buildings for Building Code compliance. The northerly accessory building must be moved two feet back, thus encroaching on the rear yard setback by two feet. A variance would be required to vary from the eight foot rear yard setback. 3 Variance Criteria (Section 401.04.A.5). The Zoning Ordinance states that a variance from the terms of the ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, i same or buildings in the sa e district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. e. The request is not a result of non - conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. The variances for location and lot coverage are not significant and a hardship could be justified based upon the fact the four -plex was originally constructed on a conforming lot. The City changed its ordinance to require additional lot area. It was not the current 4 • property owner that created the need for the variances. On the other hand, the non- conformity issue is significant when considering the intent of the ordinance is not to encourage the continuation, expansion, or new construction on a non - conforming lot. The ordinance is clear in its intent to allow for legal non- conforming properties to continue and allow for routine maintenance, but improvements to the property that increase the non - conformity are not allowed. The variance should not be approved based upon the non - conformity issue. Other Issues. Height/Setbacks (Section 401.15.D.3). The following table illustrates the required height and setbacks and indicates that the proposed accessory buildings are compliant except for the rear yard: Compatibility (Section 401.15.D.3). The ordinance requires that the accessory buildings be constructed of the same or similar quality exterior materials. The roof pitch and the siding materials /color for the accessory buildings would be the same as the principal building. Building Code. The Building Official has indicated that the four -piex has an existing correction notice for installation of smoke detectors. The applicants should install the required detectors as soon as possible. CONCLUSION / RECOMMENDATION Based upon the preceding analysis, especially related to the variance required for the non - conforming, our office recommends denial of the request for the conditional use permits and variances to allow for two accessory buildings to be constructed at 14386 58 Street North. p • Kris Danielson 5 Height Side Yard Rear Yard Space Between Buildings Required 12 feet 5 feet 8 feet • 6 feet Compliant? Yes Yes No Yes • property owner that created the need for the variances. On the other hand, the non- conformity issue is significant when considering the intent of the ordinance is not to encourage the continuation, expansion, or new construction on a non - conforming lot. The ordinance is clear in its intent to allow for legal non- conforming properties to continue and allow for routine maintenance, but improvements to the property that increase the non - conformity are not allowed. The variance should not be approved based upon the non - conformity issue. Other Issues. Height/Setbacks (Section 401.15.D.3). The following table illustrates the required height and setbacks and indicates that the proposed accessory buildings are compliant except for the rear yard: Compatibility (Section 401.15.D.3). The ordinance requires that the accessory buildings be constructed of the same or similar quality exterior materials. The roof pitch and the siding materials /color for the accessory buildings would be the same as the principal building. Building Code. The Building Official has indicated that the four -piex has an existing correction notice for installation of smoke detectors. The applicants should install the required detectors as soon as possible. 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Supreme, Chapel Gray Shingles White Aluminum Soffit & Fascia White Aluminum Regular Roof Edge White vinyl overhead door jamb - Garage Door Opener(s) Front View Back View /?PgLAIGt With $/,/ r..bll diiIcJi ,;q "IlLe 5 g r e 5fcJLr; 13 C c -C day's cost for materials estimated in this design: $ 4261.17 Base garage without options: $ 2131.50 *The base price includes: 0" Eave /0" Gable Overhangs, 2X4 Wall Studs, 7/16 OBS Roof Sheathing, 20 yr. fiberglass Classic - 0 Pine fascia, Galvanized Regular Roof Edge, 8" Textured 1 No Service Doors, No Overhead Doors, No Windows, or A EXHIBIT 3 THRON PROJECT 14386 58 Street N. Oak Park Heights, MN We are proposing to build two 2 -stall garages at the address mentioned above. It is my understanding when working with Cornerstone Land Surveying, Inc, that we would need a Conditional Use Permit. 401.15.D.13. We would like to provide our tenants with shelter for their vehicle and also a place to store additional belongings such as bikes, picnic coolers, outdoor chairs and other items that may be considered more seasonal rather than household. Not having a place for tenants to store such items as well as cover their vehicles in the winter seasons makes the renting of the apartments much harder. The bikes need to stay outside or somewhere else, making it inconvenient for them to grab a bike and enjoy the paths near their home. Having the bikes outside is also not so appealing for the neighborhood. If there were garages available for the tenants, that would open the off - street arkin u p g up to their visitors and reduce the vehicles parked on the street and in front of the neighbor's houses. The garages will be sided and roofed to match the current apartment structure. 401.15.D.2 Depending on what is considered the front yard, if the front is the parking lot, then both garages are in the back and meet the required set backs from the existing building and the property lines. 401.15.D.5 Because of the layout of the existing building and to accommodate rovidin each tenant p g with a garage, we would need to build two separate garages. Each garage would have a solid wall between the garage doors to provide security for Y their own belongings. EXHIBIT 2 • FILE NO: • PNcLosuRE 3 IN NORTHWEST ASSOCIATED CONSULTANTS I NC COMMUNITY PLANNING DESIGN - MARKET RESEARCH PLANNING REPORT TO: Kimberly Kamper FROM: Mike Darrow / Scott Richards DATE: June 28, 2002 RE: Oak Park Heights-W.A.T.E PUD Concept and General Plan of Development Amendment, Site Plan Review. BACKGROUND 798.02 -02.14 T.E. Enterprises, Inc. has submitted an application to amend the W.A.T.E PUD W.A. p Concept and General Plan of Development ment and for a site plan review.. The property is p i located on the west side of Memorial Avenue North and is zoned B -3, Highway Business and Warehousin g District. The total site is .79 acres in size. This development is part larger art of a lar development area that includes 8.63 acres north of this p proposed development. This area was annexed into the City in 1998. W.A.T.E. Enterprises, Inc. owns five buildings and H.S.I owns one building in Currently W.A p the W.A.T.E. E. Addition of the Kern Center. W.A.T.E. Enterprises has an option to build two g more buildings on Lot 4 , which would make a total of eight buildings, including 's building. The applicant is submitting plans to build only the 9,600 square foot H.S.I. g pp 2nd on the east half of the lot legally building g Y described as Lot 4, Block 2, Kern Center 2 Addition. Oft p ace he total space, 3,140 square feet will be used as office space and 6,460 �t�q square feet will be used as warehouse. The Plannin g City Commission and Cit Council reviewed and approved the plan for the W.A.T.E development to the north on May 22, 2000. The applicant has submitted an p application for a PUD Concept Plan and General Plan, which will be tied into the overall project for the Kern Center. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 5 54 1 6 PHONE 6 1 2 - 5 9 5 - 9 6 3 6 FAX 61 2- 595 -9837 E -MAIL NAC @WINTERNET.COM Attached for reference: Exhibit A: Exhibit B Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit 1. ISSUES ANALYSIS Certificate of Survey Site Plan, Grading Plan, and Landscaping Plan Circulation Plan Landscape Plan Tree Inventory Site Electrical Plan Elevation Plans Sign Plan Dumpster Enclosure Plan Comprehensive Plan. The Comprehensive Plan designates • g s th �s area as highway hway business /warehouse. The proposal is consistent with the land ' use designation. Zoning. The property is zoned B -3, Highway Business and Warehousing District. rehousing District. The existing Tots meet the lot performance standards of the B -3 District in terms of width and area requirements. Setbacks required on the erimeter of the site interior to are met and interior setbacks are based on the height of structures per Section 401.0 p 6 B.15. A PUD overlay to the B -3 District is proposed to address more than one rinci le building p p uilding on a lot, access and common space configuration. An Amended Concept and d Generai Plan of i Development is required to approve this development and incorporate it into • p corporate it into the existing W.A.T.E. project. Subdivision. This lot has been previously platted as Lot 4, Block "d . p 2, Kern Center 2 Addition. Impervious Surface. Section 401.300.G of the Zoning Ordinance estates that lots within the B -3 District must provide a total of 20 percent of the net buildable area of the parcel as green space. The applicant has identified 112,368 square feet in total buildable Idable area on Lot 4. Development of the east building will result in 39,284 square feet of impervious surface and 73,084 square feet of lot remaining as grass and g d woods. With this development proposal, 65% of the site will remain as reen g space. Access /Circulation. According to the staff recommendations from the General Plan review of the first addition, the applicant must provide access for public p blic safety and delivery vehicles on the proposed site. The applicant must review site the site plan with the Fire Chief to determine if the site plan must be revised to allow a turn around area between the H.S.I building and the proposed building. 9 2 • • • Off- Street Parkin g g and Loading. Off - street parking and loading is regulated under Section 401.15F. This requires, among other items, that the entire perimeter of the lot a include concrete curb barriers that shall setback 10 feet to any lot line. The applicant is proposing 3,140 square feet to be used as office space and 6,460 pp p p g square feet will be used as warehouse. In determining parking, the following calculations are used: Office Parkin g Requirements- uirements- Total of 3,140 * 90% = 2,826 / 200= 15 + 3= 18 total spaces needed. Warehouse Requirements -Total of 6,460 * 90 %= 5,814/1,500 = 4 spaces. The site re lan is required to have a minimum number of 22 parking stalls, with one of p q them being disability accessible. The plan indicates a total number of 46 stalls of which g Y four are disabilit y accessible. The applicant meets the required amount needed as well as the required amount of handicapped parking stalls. Accordin g to City Code 401.300 J, any structure erected or altered for a use which tY requires the receipt or distribution of materials or merchandise by trucks or similar vehicles shall provide off - street loading spaces. The applicant is proposing three loadin g berths on the west side of each budding. According to City Code, all loading areas shall be screened from surrounding areas by means of vegetative plantings, berming, and /or a screening fence and must meet City Code standards. The site p lan indicates curb and gutter in the parking areas. The rear of the lot will not be curbed at this time pending development of the second building on Lot 4. Landscaping Plan. A landscape plan has been provided for the site. Consistent with p g p City Code, trees must be replaced based on the caliper inches lost, either in plantings or a cash equivalent. No trees would need to be removed on the lot with the development ent as ro osed. The landscape plan must be approved by the City Arborist. p p p na a Si na e. A signage plan has been submitted that indicates one double face monument J J g g sig n. The total square footage of the proposed sign is 40 square feet. Zoning Ordinance Section 401. 300 N, limits the number of freestanding signs to one per principal requires a comprehensive rinci al use and re uires rehensive signage plan for the entire project. No wall p ro signage is proposed. The proposed sign is consistent with the Zoning Ordinance and p p p p the signage used in the development to the north. Trash. City sh. According to City Code 401.300 K, trash receptacles must be located within a structure and be consistent with the design of the principal building. The details of the trash enclosures are attached and indicate that the enclosures will be constructed of materials that are similar to the proposed building and will be painted to match. Lighting. According to City Code 401.3001, any lighting sed to illuminate off-street et parking shall be hooded and so arranged as to reflect light away from adjoining Y j g property, abutting residential uses and public right -of -way. The p lan reflects the use of shoebox style fixtures for lights on poles and for wall pack units for building lighting. g . g g The applicant's lighting plan must be revised as to not illuminate light onto public right- g p g of -ways. The photometric plan indicates that Tight will exceed the Zoning Ordinance • g of .4 foot candles at the property line. The light plans will need to be revised to comply pY with the Ordinance requirements. Grading, Drainage Plans. A general grading and plan a lan has been submitted and is subject to the approval of the City Engineer. Additionally, City Engineer wi • Y, tY g will review the plan and make recommendations regarding the drainage and stormwater g requirements for the site. Watershed District approval of the plan is also required. Utilities. A utility plan has been submitted for the review and approval of the City tY Engineer. Design Guidelines. Building plans have been submitted for the new building. The buildings propose a combination of concrete tip up panels and g lass in an earth tone color. Awnings are shown over the main entrances on the building and a painted stripe e p p is proposed on the structure. The combination of all materials are consistent with the Design Standards. The building will be identical to the existing W.A.T.E. development. g p t. Development Agreement Amendment. An amended development agreement may b p g y e required between the City and developer subject to review and approval of the City y Attorney. Cross easements will be required for the joint access driveways in the Y development subject to the approval of the City Attorney. CONCLUSION AND RECOMMENDATION Our office recommends approval of the amended Concept General Plan of Development W.A.T.E. Enterprises Inc., subject to the followin g conditions: 1. The applicant shall redesign the site plan to allow for a turn - around area between the H.S.I building and the proposed building if required by the Fire Chief and Y subject to approval of the City Engineer. 2. The landscape plan is subject to the review and approval of the City Arborist. 3. Curb and gutter will not be required at this time around the arkin and driveway g Y 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 revised to be consistent with the Zoning Ordinance lighting standards. 4 • • • • 5. The , radin utility, and drainage plans shall be subject to the review and g g Y 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. 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I th 3 1 ipik " 91 i iffillidl a2.. led .145xre gor iplipi / Lig. ildi$r ,.... „,.., _l ° AI 1 11: pi 2 5 IV 21 Fi "" ) r N nil 1 p. goy . I $ i 1 sr 4 ; ?A . On 1 - ))1 I )) Miliiii T w ill 918 lin i E II n 10- lig i F. r#: -< . . iii . Drawing Name: WIN Piot Dote: Jun 06 rn ■ DRAWN BY: CHECKED BY: PGAcH SHEET TITLE: 5ITE ELECTRICAL PLAN WINN PARK BUSINESS CENTER 111 REVISIONS ISSUED FOR REVIEW 6/4/02 GEPHAT 3550 LaBore Road • St.Paul, MN 55110 (651) 484 -4900 FAX:(651) 484 -2248 www.gephartelectric.com E e i'e M gl P4 Drawing Name: WIN Piot Dote: Jun 06 rn ■ DRAWN BY: CHECKED BY: PGAcH SHEET TITLE: 5ITE ELECTRICAL PLAN WINN PARK BUSINESS CENTER 111 REVISIONS ISSUED FOR REVIEW 6/4/02 GEPHAT 3550 LaBore Road • St.Paul, MN 55110 (651) 484 -4900 FAX:(651) 484 -2248 www.gephartelectric.com it f ` • f f • W z 3 00 ON. YY 4 011 114 I mtill lia" En il! o k i X 1 - g 1 A Q I 3'_ 0 W 0 1- t woo•ol.aosistuistideEPINNUK 9 - v9ir ( 699) :XVA 00617-*8'V (1.99) 011.99 N W 'lflBd - 19 • Peoa QJo9e'l 099£ 1S119Hd30 CO/W9 ireIA 1 O9f1951 , v SNOISIA3II t �.1 1112131N33 SS3NISfl8 )ThlVd NNIM z 0... V, U W 2 0 1— O 0. 1 r/ �� V♦ Veld 5''I2l1 OJ.OHd 3115 :31111 133HS t1N/ tI :e 03)133H3 alr :e wiNtla wt :Z ZOOZ '90 um :•do• \?iaydt*4tM \eOr\ :3:uu11D v(3 6up :vwap 6 w 0 ELECTRICAL SYMBOLS ELECTRICAL SYMBOL NOTES MOTOR AND EQUIPMENT POWER DISTRIBU'TION G FIXTU LAMPS (I) 1/511 METAL HALIDE id Al i 3'104 �OZ OZI BbIldHINIT 1 X061 30HG asfaH 319H15 it f ` • f f • W z 3 00 ON. YY 4 011 114 I mtill lia" En il! o k i X 1 - g 1 A Q I 3'_ 0 W 0 1- t woo•ol.aosistuistideEPINNUK 9 - v9ir ( 699) :XVA 00617-*8'V (1.99) 011.99 N W 'lflBd - 19 • Peoa QJo9e'l 099£ 1S119Hd30 CO/W9 ireIA 1 O9f1951 , v SNOISIA3II t �.1 1112131N33 SS3NISfl8 )ThlVd NNIM z 0... V, U W 2 0 1— O 0. 1 r/ �� V♦ Veld 5''I2l1 OJ.OHd 3115 :31111 133HS t1N/ tI :e 03)133H3 alr :e wiNtla wt :Z ZOOZ '90 um :•do• \?iaydt*4tM \eOr\ :3:uu11D v(3 6up :vwap 6 w 0 ELECTRICAL SYMBOLS ELECTRICAL SYMBOL NOTES MOTOR AND EQUIPMENT POWER DISTRIBU'TION JnO6'-O2 02:24pm From - Viking Electric Rectilinear, Certaff luminaite Frith soft radius corners auto spa �i lots.. a •»trances, office schools, walkwaY� tennis cam and Parks. eying lnfiormation' 0 — p M400 ordert moo. Example CEO - ,t• ar ` +r l st 1 O arrn for au vatl bracket =stamp fitter frir 2W'OD arm Limp► Type E. . . . 5100 0-2394 5150. $250 (E48) 5400 (E1 5400 (Er18 S1000(6 MAF M400 (E3?) mKOEla (BT.6) Arrn Mount (PM} E 3iTt • Cast alurnirutn housing with s radius corners, and extruded aluminum airrn for rigid attachment to poIelh Cast alumirwrn door with deer, 11, tempered glass LflL ful]y g2iske'ted io housiiv. Hingad docir• secured With two'taptive fastener's. . Spe.iI&. anodized atisminum• refiectots fai h�rizor%tal lamp. provide type ! I I. W. or V square light.p�l• mounted with hinges and loddrissceevesfor accessto hall'ast- Optional POD 1�p bEaITi ad1ustatiirty pa .. Za•.from nadir. CEti type IV reflectarfld rotatabte in 9r'°- i11U'eTnents "- ,...�.. DBZ IV — 120 — SMH — Rffft ectio r 111 - asymmetric lV - ford throw :. symimelfic square POD - ad�Lab e , . . A164 lamp Ica oPly) Vantage . 110 2.013 }'. Wall M ound MR) E c:Ell '2V7 8. 21•.5" &.V 3a" +612 676 7007 T P.002 /004 F - 263 Extruded aluminum arm provided far ale side mount Walt brad t. is aluminum. Mast arm Etter Is welds sLeo . M Halide and High Pressure Sodiiiin larri p es up to 400w In e�iium housing, and 1000w to Iarg housing_ 1 Socket. is efldc d mogul. spring poi Iaif� p rIse rated, with sp g oacler, c ck 1 plated glair rind rein cried lamp grip iio.ittact base for mew theU. (MdLum 09) • BaL1a t is CWA type, HPI, starting ra ed at -20 • Palms �t paint finish with choke er� p of 10 standard colons. UL. Wed wet locutions, and csA cirtificcid � OptIOflS • PR ' • - photo receptacle (less dell) PC .pro toe1ectrk button gait 12•-277V up to 400 .. SF r sin le.fuse:(1.20 r v) DE . - doubje fuse 00814 qz quirti tandby bayoTLet • lamp indudec1 . tia tide so dce�t (1 75-400w) SPAN � s��'� m 1 • guard VG - �t rbonate vandal g hopse 13P . forest g� D� - dark' Y� :anz - � blue., "rEP • teal bt White - royal blue BGE • bane : burgundy • reeket.r!d A ta r 'EPA 1.6 2-9 Mag, Arinel hicivnt (iM1./C)' , PRG - gray --- tihreat inn . p.m.. ' • MN .... n11.1111. tows peratiz 1.9 . MI= W. IPMPnP •4 annoembxe ‘Ltetislyfep ...f - • —.-,-----r-L--.. --:--,■ ) I- as •i ., L r-4 Iu I ;4 t , • '1 1 1 1 i 1 1 I 1 11 11 11 1 I I 1 1 1 I I I 1 I I 11 I I I 1 11 1 I 'olt trim - • " " No.J.oS 9 NI .0 *me un puu 4 AMP... I PRI Pue uoymptndus paw ita aeon Kis Sqpiaidiud pod./ 4 uo11v3jpsda Itapi si54 vita INkfla • • - 0 1 -7. si ; 1W . • 5 ..1.d/13 / Nteiczi I i it 1 1 li 1 1 1 1 1 , I 1 0 is 4 1. j 2 Jt t .1 L 3 r a 2 a ,s. , is° - '1 • • 1 — ■•• ••••• •••• ••■• •••• ••• ••• • ,P; ,? , S7 1 4 • 4 (.2 CP - 71,1•0* *vier a nl'Aca -rvel-AoM1 VY■i `PN.Pciel • . N'rea I 1919 01 .521 Plricod S CIS 420-41 C2 .. • 4- * I" o. .1 ••••••■■•■•• I • J • 1-• .P - • • • , o ,4 - ifs „3 •• • • • WINNPARK BUSINESS CENTER OAK PARK HEIGHTS, MN EXTERIOR SIGNAGE BOB SHERLOCK m 03 : M. KIRBY 6/6/02 0 SCALE Z rn .0 z D O O c. r- rn -n D n m O z m z z 1 I 11 0) OD 1 0 ION NMI . — . %, 1.11. 1 1. 111111 . 11111101 J.R140....01.............. ..-...,...,.....,M.Ir.ed.... .I.OW7-••,....re.,..4.........., .., .....,..MWOMI.1.4....1 •,.....V........................... ....1.1..■J....,........16.0... ....,.••■.,r... ..i........ ...ft.ft..........W...... e...... , +Nr.ON.• ...wt... , SI ' • i 'J i \ , t . ...,v.■..,...turwesaa..4..v. , ■..ats , 6 ,...etLays•nv.t.a.v. 111111.1 11111111111111111111111111 MIIIIIM IIIIIIIIIIIIIIIIIIIIIIIIIIIIII V I , , 1 1 • •• 0 0 0 , CO 0 •.7 0 1 • • vi • • srichards- nacplanning.com, 6128102 11:00 AM -0500, 'OVATE Enterprises - Landscape Pla 1 To: srichards-- nacplanning. corn From: "K. D. Widin" <kwidin @mrapcc.org> Subject: vdpcc1 • Enterprises - Landscape Plan Cc: Bcc: X- Attachments : Scott - I have reviewed the plans submitted for the Wet. Enterprises project on tedw'vi Center Lot 4, Block 2 (dated 6/3/02) and have the following comments: 1. A tree inventory has been submitted for the site. A building is planned eventually for the portion of the property which contains trees; however, that is not part of this submittal. There is no tree replacement required for this portion of the project. 2. The landscape plan is very simple but adequate for the type of project. The plant species / A~5_ are hardy and should do well on the site. Kathy 10th e. Municipal .A b4�r.+4 City of Oak Park Heights Printed for "K.D. Widin" <kwidin @mmmpcc.orgg 1 PLANNING REPORT TO: Kimberly Kamper FROM: Scott Richards DATE: July 2, 2002 RE: Oak Park Heights — Stillwater Motors — Amended Conditional Use Permit for Vehicle Sales Parking Lot Expansion FILE NO: 798.02 — 02.18 BACKGROUND Stillwater Motors is requesting approval of an amended Conditional Use Permit to allow for the construction of additional vehicle sales parking at the dealership located on the corner of Memorial Avenue and 58 Street North. The applicant plans to construct a 1.08 acre bituminous parking lot to the north of the existing building and parking lot. The 132 parking spaces will be accessed from the existing vehicle sales lot to the east along Highway 36. The property is zoned B -3, Highway Business and Warehousing District in which outdoor automotive and vehicle sales lots are a conditional use. Attached for Reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: ANALYSIS Site Plan TrafficNehicular Plan Proposed Light Fixtures Photometric Plan ENCLOS&RE 44 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55418 Telephone: 952.596.9836 Facsimile: 952.595.9837 planners @naopianning.com Comprehensive Plan. The Comprehensive Plan, Proposed Land Use Map guides this site for Highway BusinessNVarehouse use. The proposed expansion of the sales /display lot is consistent with the plan. Zoning. The site is zoned B -3, Highway Business District. Outdoor sales associated with the automobile dealership is conditionally permitted in this district. The City Council . tY approved a conditional use permit for an employee parking lot in July of 2000. Subsequent changes to the dealership will require amended conditional use p ermits. Setbacks. According to Section 401.15. F.4. h.17, all open off- street arkin shall not be p 9 located closer than 10 feet from any lot line. The proposed parkin g lot is consistent with this standard. Parking. In reviewing the request for the employee parking lot in 2000, the City determined that the automotive dealership was required to provide 78 off - street arkin p g stalls. The applicant has not supplied an overall number of existing off- street parking p g stalls at the dealership, but with the proposed lot above, the parking requirements would . g q be met. In addition to the off - street parking requirements cited above, State Statutes require all sites provide disability parking. The applicant shall be required to supply q pp Y fewer disabled stalls based upon those stalls to be used for employees and customers. Section 401.15.F.h.19 of the Ordinance requires a on adequate space for snow storage p g the site. The applicants have indicated that snow would be stored on the open lot to the west of the proposed parking. Landscaping. The site plan indicates proposed trees alon g the north side of the parking area and around the stormwater retention pond proposed for the site. The landscape plan shall be subject to final review and approval of the City Arborist. Lighting. The applicant has proposed the addition of freestandin g light ht fixtures for the site. The fixtures are shown as a shoebox design with the full cut off. The light source and poles are required to be Tess than 25 feet in height. The photometric p lan indicates that the Zoning Ordinance standards of four - tenths (0.4) foot candles will be exceeded at the north property line. The lighting plan will need to be redesigned to comply with the required standards. g p Signage. An existing Jeep freestanding sign is located in the area proposed for the display area. The applicants have indicated that the sign will not be moved. Grading and Drainage. The applicants have proposed construction of a stormwater pond to the west of the new sales /display area. The grading and drainage plans are subject to review and approval of the City Engineer and the applicable Watershed District. Section 401.15. F.4. h.17 indicates that all open, off- street parking shall have a continuous concrete perimeter curb barrier around the outside edge of the lot. The site indicates g plan ndicates the use of B -6 --18 concrete curb in the north and west edge of the lot. Other Issues. The conditional use permit, signed November 8, 2000, allowed the dealership to continue use of the existing exterior a in system and allow the p g g Y temporary sign visible from Highway 36 to continue for its useful life. The conditions read as follows: 2 f 3 • • Condition 7 "The temporary sign on the site of the off -site parking area shall be allowed to remain for its useful life as determined by the City ". Condition 11 "The applicant shall be encouraged, but not required, to replace the existing exterior broadcast paging system with a hand held paging system. When the existing exterior broadcast system is replaced, it shall be with a hand held paging system." With any amended CUP, the Planning Commission can recommend and the City Council can review and change the conditions under which the use is operating. The Planning Commission should consider whether the sign should be removed or if the exterior broadcast system should be replaced with a hand held paging system at this time. CONCLUSION /RECOMMENDATION Based upon the preceding review, staff recommends approval of the amended Conditional Use Permit for the sales /display area parking expansion for Stillwater Motors based upon the conditions listed below: 1. The applicant shall provide at least four disability 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. 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. pc: Kris Danielson 0 c� T Z F ' - - - � Q- z z x Z ti • < an >' N W • co > v fA 2 0 Z z Q LL Q EE 0 W CO • X � f E-4 w Q4 E-4 0r) 11 a) a O a. 0 "F:J a) E o ° Q 0 3 0 0 I 0 H < M N "� a ° • 1X'' . < .1: °o v "+ i a o 4.-_• ? s� t- o � C aoe J i ij 1 -0- a n S , k i d s1 No u 3 + u v u § g i AO ill . e 11 1.g 11 OA Zal ' . 4 2 2 , 1 , 21, 114 ao. Al 1 k : EC 1 8 ta I n• 1 H " 3 �' fig. •a ij fl ;:iil 411 1 b V g u A ' j F .. 1 t . ail. . 14.-1 a . N _a <� of ES dr 4 a 1 a .1 1 00 k 41 i I " I ii" vi gi, 0 0 4 ,a.g aq •` F..41 NNNN ,0::: ; m i gl, F" a i ue f 1 nil ... N �• p M 8 ' a ' I i ili1il I w '4 q 1 :RAO; k b . 1 6 i l I kit q 9, c 4 g 'a 1 I ii I •. A '- P 'i q woo 1 k 29 g A4 ;I q :.:: VI V V V 65 w 'n W V W C3 R2 � o clUi Rt.' c4 g Ai i3 :It A vi 4 b ,,, g 4 x+ �� x 1 1 v) aJn.. S 1 wow ife 0U0 O) . '5!sle44 L4i" c. u I*. — is- .— Z. -, a_._I 3 Ri '-" w � eP- x x �> �I. tEL J k N D XX — - W 1 1 0 � � v > L O O W 0 2 1 1 1 1 .6 Cu Storage W Progress �� Parking ,,,1 4......_ xx _ ». a O1 X w x 1 , . 1 7 o � � °��X x w t ' o 11 d g X4-^y 4. aso s o oNi V: °q p4W ~ _ a o 5 n a v) 6 t It r 0 Y V o ►° c o 0 w x C '� q.. I V� N 4E411 h � L I$ CO 4 t 4 ham• E. 0 x X X i 'O I / / SN • 2[A V /�rT T �` [Y%iMONII/V A 2 w t 1 10 Infinity II EPA (Effective Projected Area) Ft. 2 D .. ,:. F G H J K Single . .;` 7Twin, Twin, Triple, Triple, Quad Arm . 180° 90° 90° 120° Small • "1.37 • • 2.74 2.15 3.52 2.89 3.92 Medium 2.40 ' ' 4.80 3.86 5.80 5.28 6.56 Large 3.35 6.70 5.51 8.81 7.47 9.92 • :; •-• 1O Ft " 164 Ft " 2 8 2 tr t a 2 41 .! 2, '`.! - 2 2 ; 2 2 1 ' 2 L7 5 ei 2 ' EXHIBIT 4 • • Scott Johnson From: "K.D. Widin" <kwidin @mmmpcc.org> To: < sjohnson @cityofoakparkheights.com> Sent: Tuesday, July 02, 2002 12:00 PM Subject: Stillwater Motors - Parking Lot Landscaping I have reviewed the landscape plan (dated 6/27/02) and have the following comments: 1. Landscaping has been added to the north side of the parking lot and around the stormwater detention pond. This is adequate for this type of project. 2. The types of trees and shrubs and the cultivars chosen are good. 3. The shrubs and trees should be mulched with 4 inches of wood chip mulch from just outside trunks to several feet out. This will inhibit weed competition, keep mowers and weed whips away from the stems and keep roots cool and moist - all of which will improve the growth of the plants. If the property owner wants a neater look around the landscaping, 6 inch black plastic edging should be installed at time of planting to help hold mulch in. Kathy 1Nid i n Municipal Arborist City of Oak Park Heights Page 1 of 1 0, 0, 0 W z W Q J cc 0 w z W J cc 0 2 W 2 O N u Cr; • M z r t u0 E c� O E— O � � E Q E-4 '01-D O Z z 0 . p M o l' am E a en .. o ° u) cv q l7 q . l (1) E ;X , ti ct Ao Li 110 *-ZZ 4) CD N cki V N c c ( co co Q) Q l� Lo a) - o C D O) v • w �, c i CO 0• 0 3 c cn v) = O _ (1) c0 �+_+ ..c U 0 LC) V) Q w � pc Q ) Q om ) L._ ^A- m > O 0 w o O� x O >>r w II 6 a. = L � CD � + I _ 0 2> W U l J N) N 0 z ti-- L_ ao > ( I ) - aD o > W O 0 o `� ca LLJ Q) O • O 0 C L C1- U O Q x W > L- O U XQ Q L_ - - 0 o0 0 0 (I) C E 0 0 0 U < U w I Nt LficnN x 0 co rn X 0 rn X rn • rn II a) -0 II 0 0 E O EL o 0 (1 CO ›- 00 0 rn X (// - - - 1 cy + O Q/A CD O; I N rn X cz co cyv xl N _c OS) � c � t) U N O . � N O ` � I 5 jo .. x 00c' 0 c n (./) < 0) X 00 N) 0) X X rn X F rn X 00 N) 0) N 0) X CD 0 r a) X L E 0 - C) -1 A ai rn X rn x 0 2 gr0 ZZZ rin BACKGROUND Attached for reference: ENCLORE 5 NORTHWEST ASSOCIATED CONSULTANTS, INC. 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners @naoplanning.corn PLANNING REPORT TO: Kimberly Kamper FROM: Scott Richards DATE: July 2, 2002 RE: Oak Park Heights -- Boutwells Landing — Trash Enclosure, Light Fixtures and Mechanical Screening Enclosures FILE NO: 798.02 -- 02.10 At their May 14, 2002 meeting, the City Council determined that the changes to the site plan for the trash enclosure at the Boutwells Landing main campus building required an Amended Planned Unit Development. in addition 'the City Council asked the Planning Commission, as part of the Amended Planned Unit Development review, to make a recommendation on the decorative light fixtures and the screening for ground mechanical devices for the main campus building. The approved site plans for the General Development Plan of Approval indicate that the trash receptacles were to be placed totally within the building. Upon construction, the Building Official realized that the site plan /building plans had changed and that the dumpsters would be stored in an area outside of the building. The Amended Planned Unit Development is necessary to allow the present location of the dumpsters and to approve the landscape plan proposed to screen the trash storage area from 58 Street. The lighting and mechanical screening could be approved by the City Council, although they have requested a Planning Commission recommendation on these issues. Exhibit 1 Site Plan — Chillers and Generator Locations • Exhibit 2 Site Plan — Existing and Proposed Landscaping for Trash Enclosure Exhibit 3 Approved General Development Plan - Site Plan Exhibit 4 Chiller (No. 3) Site Plan Exhibit 5 Generator (No. 4) Site Plan Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 ANALYSIS Chiller (No. 5) Site Plan Chiller /Generator Screening Chiller (No. 3) Fence in Front of Sidewalk Chiller /Generator Screening Details PUD Amendment. Section 401.06.G of the Zoning Ordinance states that "any deviation or modification from the terms or conditions of an approved PUD permit or any alteration in a project for which a PUD permit has been approved, shall require an amendment of the original permit". Moving the trash receptacles from inside the building to an enclosure outside of the building and the required p lant materials to screen the dumpsters requires an Amended PUD. The City Council had previously Y approved the site plan changes for the driveways and parking areas. The dumpsters have been placed adjacent to the building in an area enclosed by a retaining wall. A sloped driveway leads into the trash enclosure area. Because of the driveway and the slope, a roof structure cannot be placed over the enclosures and gates would be affected by the driveway slope. The applicants have proposed placement of additional 15 to 20 foot diameter Black Hills Spruce to screen the enclosure area from 58 Street and the adjacent sidewalk. The large spruce, in addition to the existing slopes and landscaping, will adequately screen the trash enclosure area. The City Arborist will comment on the landscape plan and materials. It should be noted that the evergreen trees may not be transplanted until late summer /fall to help assure survival. Light Fixtures. Decorative light fixtures that have been installed adjacent to patio areas on the main campus building, the independent living building, and the assisted . g living building are not "full cut off'. The decorative fixtures are designed to light only g Y small patio areas and would not create an extensive amount of glare or impact to g p adjacent roadways or properties. Section 401.15.13.71.2) of the • Zoning Ordinance allows for the City Council to make exceptions for architectural fixtures that feature globes that are not shielded. The fixtures have been installed and are a small carriage design in which the light source is visible. The style of the fixtures relate well to the patio areas that they are designed for. The City Council has asked the Planning Commission to provide a recommendation on allowing the fixtures to remain. Mechanical Screening Enclosures. The project architect has designed fencing and g g enclosures for the chillers and a generator for the campus buildings. In that these g devices must be provided with adequate open area for ventilation purposes, the architect has designed the screening to look like trellises with lattice and decorative trim. Section 401.15. E.10.e of the "mechanical Zoning Ordinance addresses screening of mechanical equipment as such: mechanical equipment located on the rear or adjacent to any building and visible from the street level or from neighborhood properties shall be screened with a material designed to blend harmoniously with the buildings facing g 2 • • materials ". The decorative fence and trellis elements will effectively screen the equipment and blend well with the architecture of the building. The City Council has asked the Planning Commission to provide a recommendation on approving the screening plans. CONCLUSION /RECOMMENDATION The Amended Planned Unit Development for the site plan changes in the area of the trash enclosure, the carriage style lighting fixtures, and the plans for screening the mechanical devices at Boutwells Landing are consistent with the provisions of the Zoning Ordinance. As such, our office recommends 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 with 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. pc: Kris Danielson 3 1 .14111, 4 8L80'S£6'ZS6 *".1 L££9'S£6'ZS6 Sb£SS NW `BrolauuiyAl SL£ 93u1S L IBMq H SZSbi 'oui`S1021.1HZ IV �au3$H uasuacos `uopiagS `uosugof 14.1 1—i • A . ft.... E . r"" • NO Q)1H3 war MVO Z0 /4Z/9 atva • NW'SlHJ13H ) IVd )IVO AlINf INWOO ONIAI1 HOIN3S ONIONd1 S 113M1nO9 l33roaa 0 S32 11SO1ON31VOINVH03W ONd DNIN332JOS 3dVOSONV 1 "MNOWO iV 03SOd0Hd s 1U103 W NI- r` J m 7- \ tri b ILJ / 1 oT- N 0 1)0 / ITN ? 1 iii-i1 1 I. I,* , 1 1 -:- .- in , z ( ‘s. ) . co z / I )-- I J \ Iff'621 1 ,_ L \,\,•\ • 0 0 2 co 9 'Hi MI MO IAN O z: F—A X Lu 8L80'S£6 'XU3 L££9'5£6 St£SS MIL `Uxuolauu!yy SL£ al!nS L 4 UAt4g!H SZCVI ' .12141314 uOSUZIOS 'uoplays 'uosugof til n OO _z: is A 0 tnv z x w 1- ill Ot Xx . w n: NO war NANO ZO/ t Z/9 a,tvo NW 'S1H013H N2idd m4V0 AIINlw *O0 ONIAI12IOIN3S ONIaNd1 S 113M1fOa i • t • 0■ z : . 0v XuJ roam. M 0 S32if1SO1ON31VOINVHO3IN ONV o0 DNIN332IOS 3dVOSONV1 O3SOdOZ`Id 4� °� su+31woo 4 NI 1 W J • STORY 104 U ST LIVING STOR MENTIA TRASH ENCLOSURE AREA • (121) STALLS PARKING 100 STALLS CONNECT PATH INTO NSW GIN SIDEWALK i EXHIBIT 3 —IN • EQ. GA � ONG. 51DEWALKI EQ. 6' -8 :112.611,63n. shar sorensen k baffler 11 l ir le I ON ON re. tIrti, r. � �s -oe�e PROJECT IQ' -112 EQ. ONG. EUMPER EQ. ❑ o 0 o� _ \ EXTNP ROF R5 FROM GHILLE 51DE TO PA RK ING SCRE R F ANCHOR POSTS TO GONG. 51DEWALK SIDEWALK SIDE 0 D BL 2X12 HDF� rn-P) �� J015T5� 24 "0.G. CHILLER PLAN BOUTWELLS LANDING SENIOR LIVING COMMUNITY OAK PARK HEIGHTS, MN �f (14XS ► ATTIC GE GATE IS" ONG. FT6. TYPICAL 6X6 POST EXHIBIT 4 DATE 6/21 /02 SCALE 3/16 "= 11_ O " DRWN dsN 3 ELECT. STUB -UP VERIFY SIZE 4 LOG?{TION W/ E 1 EC 6, -5 I 2 CONC. SIDEWALK ANCHOR POSTS TO GONG SIDEWALK 510EWALK SIDE ONLY , l ir ‘, DE 2X 2 HD (rrP) 1A1/2XI0 JOIST 24 ° .G. ABOVE 6 ,_ 2 • 1 1 1 • 1 • 1 1 Johnson, Sheldon, Sorensen & Hafner AR S,inc. Minnetonka, 1 oil 1452 Highway 7 Suite 375 • MN. 55345 952.9356337 Fax 952.935.0878 25' REVISE ENERATOR PLAN DATE 6/21 /02 BOUTWELLS LANDING SENIOR LIVING COMMUNITY 76li=v-om OAK PARK HEIGHTS, MN DRWN JDM PROJECT 10" EXIST. SLAB 0 X8 LATTICE O 9 az. I 6X6 POST 18" DI,. GONG. FTC, TYPICAL EXHIBIT 5 4 ciNt- ,c) ,c) 5I DEINALK it ur ll oa cr epto , n sorenien k baker •I•I 'r�ei��ss 4337 Fax e1 SLAB DBL 2X12 HDR (TYP) YV/2XI0 .J015T5 ABOVE 1 21' -5" 4 "Q.G. . �_�3 11 CHI LLER FLAN PROJECT BOUTWELLS LANDING SENIOR LIVING COMMUNITY OAK PARK HEIGHTS, MN ANCHOR POSTS TO GONG. SIDEWALK SIDEWALK SIDE pNLY O 6x6 fa" (TY XS ATE LATTICE POST > IA. CONC. FT IGAL) EXHIBIT 6 DATE 6/21/02 SCALE 3/16 "= 1' -0 DRWN dsN . o It Wu" m er imo nits 553 b Ph. 612- 996 4337 Fax 61E- 995 -0878 VARIES T'FI ELEVATION Nik 4 $6 1, 1. 16. 1. IX12 hk,t1 ��� � 4•�+ ATT I GE I XS CEDAR TRIM BOARDS HORIZONTAL !DAR TRIM OPEN XS CEDAR LATTICE LAB TYPICAL SIDE ELEVATION 2X10's 24 "0.C. PEN ATTIGE IXS CEDAR TRIM BOARDS HORIZONTAL EDAR TRIM OPEN XS CEDAR LATTICE XS CEDAR TRIM LAB 2X10's 24 "O.C. 45 DE6REES PROJECT DATE 6/21/02 EXHIBIT 7 BOUTWELLS LANDING SCALE SENIOR LIVING COMMUNITY I DRWN 3 /16°= OAK PARK HEICHTS, MN dsN 6 HORIZONTAL WAR 2X4 X4 CEDAR POST XS !PAR LATTICE EQ. EQ. cC3 . IS" PIA. GONG. FTC,. EXHIBIT 8 111 1 411111RagtiiICTS14 4525 hi shell ny 7 " men :75 11thler .111•111 I minute Ian' Ph. 612-935-4337 Fax 812-935-0676 PROJECT BOUTWELLS LANDING SENIOR LIVING COMMUNITY OAK PARK HEIGHTS, MN 6/21 /02 SCALE 3/16"= V —o DRWN dsN m� t } EQ. ETAIL • a Am die tar rorenen k LaEna 1/471:141r " Ph. 6124354337 Pax 6124354678 VARIES E. 21 -3" PROJECT E. LJ 2X10's 24"O.C.. SET AT 45 DEGREES SUPPORT WITH RIPPED 4X4 BOUTWELLS LANDING SENIOR LIVING COMMUNITY OAK PARK HEIGHTS, MN GHILLER SECTION - T'PIAL • DE TAIL 2X10 24" D.G. 0 45 DEGREES SUPPORTED BY 4X4 RIPPED 1^4✓45 DEGREE �D EL 2X12 HDR (TIP) 2x4 LATTICE SUPPORTS 6X6 POST 1 8" D I A. GONG. FT6. TYPICAL DRWN dsN EXHIBIT 9 DATE 6/21 /02 SCALE 3/16 "= 1' -0 8 PLANNING REPORT TO: FROM: DATE: RE: FILE: BACKGROUND The applicant is requesting an amendment to their existing site plan and conditional use permit approvals. This amendment would make allowances to the site plan to expand the width of the drive through lane from 12 feet to 16 feet. The original approvals for this site were granted in March of 2002. Attached for Reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D: ISSUE ANALYSIS ENcLosuRE *6 NORTHWIST ASSACtATIO CONSULTANTS, INC 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9836 Facsimile: 952.595.9837 planners @nacplanning.com Kimberly Kamper Jason Lindahl / Scott Richards June 27, 2002 Oak Park Heights -- Walgreens: Amendment to Site Plan and CUP 798.02 -- 02.17 Original Site Plan Original Landscape Plan Revised Site Plan Revised Landscape Plan The applicant made several minor changes to the site along with the widening of the drive through lane. These changes are outlined below. 1. Drive Through. The applicant has revised the site plan to illustrate a 16 -foot drive through lane along the east side of the property. 2. Sidewalks. The revised site plan contains two sidewalk changes. First, the sidewalk along Osgood Avenue North has been relocated onto the property. The applicant will grant an easement to the City for this sidewalk. Second, the sidewalk along the west side of the building has been narrowed from 5- feet to 3 -feet. Staff recommends that the applicant revise the site plan to widen this sidewalk to 4 -feet and narrow the adjacent drive lane to 24 -feet. 3. Parking. The lengths of the parking stalls along the west side of the site were shortened from 20-feet to 18 -feet. The adjacent curb will allow for a two foot overhang. It is important to note that there were no changes to the number of overall parking stalls. 4. Landscaping. There were two notable changes to the landscape plan. First, the applicant added landscaping to the island in the southern parking lot. Second, landscaping was added to increase screening along the northeast corner and eastern perimeter of the site. These changes are subject to the review and approval of the City Arborist. 5. Transformer. The applicant relocated the transformer from the southeast corner of the building to the northern property boundary. 6. Trash Storage. The applicant has redesigned the trash and storage area along the north side of the building so that only the recycling enclosure remains on the exterior of the building. Trash will be stored inside the principal building. 7. The applicant has also requested a change to condition 11 of the original conditional permit approvals. The original condition reads, "A deed restriction must be put in place stating that a change in use of the property requires City review and approval and the use must comply with the City parking standards in place at the time the use changes." The applicant's proposed language, that is acceptable to the City Attorney, is 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." CONCLUSSION AND RECOMMENDATION Overall, staff finds that the proposed changes improves the overall design of the site and recommends approval of an amendment to the site plan and conditional use permit. This recommendation is based on the findings made in this report and is subject to the conditions listed below. _ 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 the 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 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. 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NO.124) 1 1 1 1 1 1 1 1 1 1 • 000 00 g i E iltl. .vg ; IF 7P x MEMORANDUM TO: Kimberly Kamper FROM: Scott Richards DATE: June 27, 2002 RE: Oak Park Heights — Sign Ordinance Revision FILE NO: 798.10 Please find attached a draft of the Sign Ordinance minus the District Regulations and Special District Provisions Sections. This draft incorporates the Definitions, General Provisions, Permitted and Prohibited Signs, Special Events and administrative sections of the Sign Ordinance. Staff is working on the District and Special District Sections, but input on the sections provided would be helpful before the other sections are finalized. The Planning Commission should review the draft sections and provide comment and suggestions at the July public hearing. The Planning Commission may discuss if it would like to set up a two or three person committee of its membership to review the regulations in detail and provide comment back to the Commission. Otherwise, the Planning Commission could review the sections during the regular or possibly a special meeting later in the month. pc: Kris Danielson NcLo I10R ?MMiESx $$OCIA!tD CON$UI!NT$ RIS, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com • 401.15. GENERAL PROVISIONS 401.15.G. Signs. 1. 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. Objectives. a. b. To establish standards which permit businesses a reasonable and equitable opportunity to advertise. 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. 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. Definitions. Sign Related: 1. Address Sign: A sign communicating only onl a street address. 2. Advertising Sign: Any permanent non - governmental sign advertising products, services, commodities, entertainment or other activity not offered at the location of the sign or not exclusively related to the premises on which the sign is located. 3. Alteration: Any change to a sign excluding routine maintenance, repair, painting or change of copy of any existing sign. 4. Animated Sign: Any sign that uses movement or change of lighting to depict action or create a specific effect or scene, including devices with or without a commercial message, such as spinners and windsocks, but not including barber poles and time and temperature signs. 5. Area Identification Sign: A freestanding sign identifying the name of a single family residential subdivision consisting of twenty (20) or more lots; a residential planned unit development; a multiple residential complex consisting of three (3) or more structures; an office or business structure or development containing three (3) or more independent operations; a single business consisting of three (3) or more separate structures; a manufactured home court; or any integrated combination of the above. The sign shall only identify an area, complex, or development and shall not, unless approved by the City Council, contain the name of individual owners or tenants. The sign may not contain advertising. 6. Artificial Light: Illumination resulting from internal or external artificial light sources, including glare and reflected light byproducts of artificial light sources. 7. Awning: A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded, or collapsed against the face of a support building. 8. Balloon: A flexible, nonferrous inflated bag in various shapes and colors. 9. Banner: Attention getting devices which resemble flags and are of a paper, cloth or plastic -like consistency. 10. Bannerette: Flexible material that resembles a flag, and has minimum dimensions of two (2) feet by two (2) feet and no larger than three (3) feet by five (5) feet. A "smaller sized bannerette" is defined as a pennant. 11. Beacon: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the Tight source; also, any light with one (1) or more beams that rotate or move. 12. Bench Signs: A sign which is affixed to a bench such as at a bus stop. 2 • • • • 13. Billboard: An off -site sign used to advertise products, goods, or services not exclusively related to the premise on which the sign is located. An advertising sign. 14. Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. 15. Business Sign: Any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a professional or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. 16. Cabinet Sign: A sign that has framing around the entire sign message with a removable face. 17. Campaign Sign: A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election. 18. Canopy Sign: The area of copy, graphic, or identification which is affixed to a projection or extension of a building or structure, including a marquee, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building, or place of assembly. Y 19. Changeable Copy Sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for purposes of this Ordinance. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this Ordinance. 20. Commercial Message: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. 21. Construction Sign: A non - illuminated sign placed at a construction site identifying the project or the name of the architect, engineer, contractor, financier, and other involved parties, or announcing the character of the building enterprise or the purpose for which the building is intended. 3 22. Cop y: The wording on a sign surface either permanent or removable letter form. 23. Directional Sign: A sign erected with the address and/or name only of a business, development project, institution, church or other use or activity plus directional arrows or information on location. 24. Directory Sign, Private: An exterior information wall sign, or a free - standing ry sig n identifying the names of residences, businesses or professional offices served by a common public entrance such as an apartment complex, shopping center, or office building. 25. Directory Sign, Public: A sign, group of signs on a sign panel or any identifiable object intended to communicate a public message or direction when located on public property as may be approved by the Oak Park Heights City Council. 26. Employment Sign: A temporary sign to announce employment opportunities in business and industrial zoning districts as well as each public and institutional conditional use in residential districts. 27. Flag: A piece of cloth or bunting varying in color and design, used as a symbol, standard, emblem, or insignia identifying a governmental agency or any civic, charitable, religious, institutional, patriotic, corporate, fraternal, or similar organization. 28. Flashing Sign: An illuminated sign upon which the artificial light is not kept constant in terms of intensity or color when the sign is illuminated. 29. Freestanding Sign: A self- supported sign not affixed to another structure. 30. Governmental Sign: A sign which is erected by a governmental unit for identification or traffic. 31. Ground or Low Profile Sign: A sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is not elevated from the 9 round by means of a pole or free- standing support structure, but is placed directly on the ground or on an interior planter base which is incorporated into such a design arrangement. 32. Historical Sign: A sign commemorating places of local, state, or national historical significance. 4 • • 33. Holiday Sign: A sign or display that contains or depicts a message pertaining to a national, state, local, or religious holiday. 34. Identification Sign: A sign which identifies the business, owner, manager, resident, or address of the premises where the sign is located and which contains no other material. 35. Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. 36. Informational Sign: Any on -site sign giving information to employees, visitors, or delivery vehicles, but containing no advertising or identification. 37. Institutional Sign: A sign which identifies the name and other characteristics of a public or semi - public institution on the site where the sign is located. 38. Integral Sign: A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure. 39. Logo Sign: Any brand name, trademark, logo, distinctive symbol, or other similar device or thing used to identify a particular business, institution, or activity. 40. Marquee: See canopy. 41. Maximum Height of Sign: The vertical distance from the base of the sign, or the grade of the road centerline, whichever is higher, to the top of the sign. 42. Menu Board: A sign containing a food price list for restaurant customers, but containing no advertising or identification. 43. Message Sign: A sign which allows for the graphic and /or verbal content to be changed, when desired, through electronic or manual methods. 44. Monument Sign: A freestanding sign that is intended to be incorporated into some form of landscaping design scheme or planter box, is attached to the ground by means of a freestanding support structure, is solid from grade to the top of the structure, has materials that are constructed of the same primary building materials of the principal structure, is placed directly on the ground or on an interior planter base which is incorporated into a design 5 arrangement. A monument sign shall be considered as one sign though it may have two (2) faces. 45. Motion Sign: Any sign which revolves, rotates, has moving parts, or gives illusion of motion. 46. Multi -Faced Sign: Any sign with a sign face oriented to more than two (2) directions. 47. Nameplate Sign: Any sign in a residential district which states the name and/or address of a business or occupant of the lot where the sign is placed. 48. Non - Profit Organization: A corporation formed under Chapter 317 of Minnesota State Statutes and which is formed for a purpose not involving pecuniary gain to its shareholders, or members and paying no dividends or other pecuniary enumeration, directly or indirectly, to its shareholders or members, or a community or civic group such as the Lion's Club, League of Women Voters, etc. 49. Off- Premises Advertising Sign: A billboard, poster panel, painted bulletin board or other communicative device which is used to advertise products, goods, services, ideas or non - commercial speech which are not exclusively related to the premises or owner of the property on which the sign is located. 50. Off- Premises Directional Sign: A directional sign located upon property other than the lot of a development or use for which off -site direction is intended. 51. On- Premises Directional Sign: A sign erected on private property which contains no advertising, and is specifically intended to facilitate the safe movement of pedestrians and vehicles into, out of and circulating upon the site on which such signs are located. 52. Opaque: Impervious to the passage of Tight. 53. Parapet: A low protective wall which is located along the edge of a roof on a building. 54. Pennants: Flexible material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually triangular shaped and in a series, designated to move in the wind. 55. Portable Sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not 6 • • • limited to, signs designed to be transported by means of wheels; signs converted to "A" or "T" frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right -of -way, unless said vehicle is used in the normal day -to -day operations of the business. 56. Principal Building: A building or buildings in which is conducted the principal use of the lot, not including storage buildings, garages, and buildings for other clearly accessory uses. 57. Principal Frontage: The wall of the principal building on a lot which fronts toward the principal public streets. 58. Projecting Sign: A sign, other than a wall sign, which is affixed to a building and which extends perpendicular from the building wall. 59. Public Entrance: Any passage or opening which affords entry and access to the general public or customer. 60. Public Entrance, Common: A public entrance providing access for the utilization and benefit of two (2) or more tenants or building occupants. 61. Public Information Service Sign: A sign designating the current time and /or temperature on the exterior of a building or pylon so as to be viewed by the passing public from a public right -of -way. 62. Pylon Sign: A freestanding sign erected on one (1) or more freestanding shafts, posts, or piers which are solidly affixed to the ground and not attached to a building. A pylon sign shall be considered as one (1) sign though it may have two (2) faces. 63. Real Estate Sign: A sign placed upon a property advertising that particular property for sale, for rent, or for lease. A real estate sign shall be considered as one sign though it may have two (2) faces. 64. Ribbons or Streamers: Long or varied lengths of flexible material used to decorate. 65. Roof Line: The top of the cornice or, when the building has a pitched roof, the intersection of the outside wall with the roof. 66. Roof Sign: Any sign which is erected, constructed or attached wholly or in part upon any roof or over the highest roof line of a building. 67. Rotating Sign: A sign which revolves or rotates on its axis by mechanical means. 68. Rummage Sale Sign: Signs advertising infrequent temporary display and sale by an occupant on his premises of personal property, including general household rummage, used clothing and appliances. 69. Security Sign: A sign identifying the presence of a security system. 70. Service Entrance: Secondary passage or opening to a structure which is intended for delivery and removal of merchandise or goods, and which is not intended as a public entrance. 71. Sign: The use of any words, numerals, figures, devices or trademarks by which anything is made known such as are used to show an individual, firm, professional or business and are visible to the general public. 72. Sign Area: The area within the marginal lines of the surface of a sign which bear the advertisement or, in the case of messages, figures or symbols attached directly to a building or sign structure, that area which is included in the smallest rectangle or series of geometric figures used to circumscribe the message, figure or symbol displayed thereon. 73. Sign Setback: The distance from the property line and curb to the nearest g part of the sign, measured perpendicularly to the property line or curb. 74. Sign Structure: . The supports, uprights, bracing and framework for a sign. 75. Special Events: A temporary indoor or outdoor promotional or sales event. 76. Street Frontage: The side of a lot abutting one (1) or more streets. An interior lot has one (1) street frontage and a corner lot has two (2) or more frontages. 77. Temporary Indoor Promotional or Sales Event: A temporary promotional or sales event directed towards the general public including only grand openings, storewide sales, craft shows, registration for day care, an educational, recreational, civic or religious activity, and community celebrations. 78. Temporary Outdoor Promotional or Sales Event: A temporary promotional or special event sale directed towards the general public, including only grand opening sales, storewide sales of materials and products that are 8 • • typically sold or serviced on the premises, registration for day care, an educational, recreational, civic or religious activity, community celebrations, warehouse sales, tent sales, sidewalk sales, craft shows, flea markets, inventory reduction and liquidation sales, and mechanical or animal rides. 79. Temporary Sign: Any sign which is erected or displayed for a specific period of time, and not of a permanent nature. 80. Total Allowable Sign Area: The maximum allowable gross surface area in square feet of a sign or signs. The maximum number of signs cannot be arranged and integrated so as to create a surface area in excess of this requirement. 81. Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. 82. UL Approved: A device which has been approved by the "Underwriters' Laboratories ". 83. Wall Sign: A sign affixed to the exterior wall of a building and which is parallel to the building wall. A wall sign does not project more than twelve (12) inches from the surface to which it is attached, nor extend beyond the top of the parapet wall. Banners do not qualify as a wall sign. 84. Wall Graphics: A sign painted directly on an exterior wall. 85. Window Sign: A temporary sign affixed to the outside or inside of a window or inside the building within three (3) feet of a window in view of the general public. This does not include merchandise on display. 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 needed to direct traffic on the premises. b. No sign shall be erected, placed or maintained on, fences, trees, power and light 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 401.15.6.7 of this Ordinance. All electrical service wiring shall be buried. 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 light 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. 10 • • 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. 111 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. 6. 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. 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 11 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. shall comply with the Fair Campaign Practices Act contained in State of Minnesota Statutes chapter 211B. Campaign signs shall not be less than fifteen (15) feet from the nearest edge of the pavement. 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. 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: 12 • • • • (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 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 (1) The sign shall be a maximum height of twelve (12) feet. Temporary properly 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. 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. 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 13 J 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. 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. 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. 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. 14 • • 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. Any sign which contains or consists of banners, bannerettes, pennants, ribbons, streamers, strings of light 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. I. 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. 8. 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 15 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 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. 4 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. 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. 16 • • • f. Violations. b) No more than two (2) banners shall be allowed. c) Banners shall not be larger than one hundred (100) square 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. 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. 17 2) Special event signs and decorations not removed by the last day of the special event. 9. District Regulations. (TO BE ADDED) 10. Special District Provisions. (TO BE ADDED) 11. 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. A non-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. 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 18 • • • • • • 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 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. 12. 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. 13. 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. 14. 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 3) A site plan to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. 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) 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. 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) 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. 15. 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 20 • • • 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 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. b 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. 3) 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. 16. 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, 21 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 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. 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. 4) That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets or interfere with the function of the Police and Fire Departments of the City. 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. 22 Kris Danielson From: Jeanne Anderson Uma@wrmed.corni Sent: Tuesday, July 09, 2002 12:10 PM To: kdanielson©cityofoakparkheights.com Subject: Projects at Osgood & 36 Kris- Here are some of my concerns about the 2 projects at 36 & Osgood: Routson Parking Lot - 1. Are the garish inner-city lights going to be removed? 2. Is the site going to be cleaned up? Page 1 of 2 Walgreens- 1. What is the justffication for closing Me frontage road. 1 think this is a big mistake, based on the conference I went to by Waiter Kulash, P.E. — we need more smaller roads. 2. Were is the pedestrian transportation route? How can I get there on foot with my 2 kids? There is no sidewalk. Does Oak Park Heights have a Non-Motorized Transportation Plan for the City and does it include sidewalks? Ls' one slated for that side of Osgood in the near future? 3. I still think its not a good use of that property — it sits right at the entrance of the St. Croix River Valley and something such as a park or green space would be more appropriate, not to mention the proximity to 36 and near-certain condemnation necessary for the "improvements" of the Highway. 4. 1 hope the lighting, signage, landscaping and building design of the new Walgreens is appropriate for the entrance to a neighborhood. In general, do you try to analyze the car trips generated by your planning? It appears that SRF is pinning much of the traffic increase in our neighborhood on Oak Park Height's plans for future development. What would you say in response to this point? Just a general FYI, I am proposing to the Board of Directors to expand the South Hill Neighborhood Association to include the Oak Park Heights portion in the South Hill since we need some kind of coordinated planning that includes the same geographical area. Please pass my concerns on to your Planning Commission and City Council and let me know ff you've got answers to any of these issues. Thanks. Jeanne Anderson President South Hill Neighborhood Association (11) 439-8093 0 , 9 4304457 7/9/02