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HomeMy WebLinkAbout09-03-1998 Planning Commission Meeting Packet CITY OF • OAK PARK HEIGHTS • 14168 N. 57th Street • Box 2007.Oak Park Heights, MN 55082 • Phone: (612) 439 -4459 • FAX 439 -0574 CITY OF OAK PARK HEIGHTS SPECIAL PLANNING COMMISSION MEETING AGENDA Thursday, September 3, 1998 - 7:00 P.M. 7:00 I. Call To Order 7:05 II. Approve August 20,1998 Minutes (1) III. Discuss sign ordinance as it relates to design guidelines (2) 7:30 IV. Public Hearings: A. Oakgreen Avenue Annexation Area - Rezoning from 0, Open Space to B -1. Neighborhood Business District and R -1, Single Family Residential. This is an informational hearing; no recommendations will be made on this matter. (3) 7:45 B. Kern Center Rezoning from 0, Open Space to B -W, Business Warehousing. (4) 8:00 C. Stillwater Area High School Request for an Amended Conditional • Use Permit (CUP) for a Greenhouse. (5) 8:15 D. City of Oak Park Heights Request for a Two Foot Fence Height Variance for Emergency Generator Fencing Enclosure at the City. ( 8:30 E. Consideration of the Land Use Concept Plan of the Oak Park Heights Comprehensive Plan Update. 9:00 V. Adjournment Tree City U.S.A. FT CITY OF OAK PARK HEIGHTS Enclosure 1 PLANNING COMMISSION MINUTES, THURSDAY, AUGUST 20, 1998 - 7:00 P.M. CaII To Order: Chair Hedlund called the meeting to order at 7:00 p.m. Present: Commissioners Dahlquist, Hedlund, Schultz, Vogt and Wasescha. Staff Present: City Planner Richards, City Planner Digre, Administrative Assistant Mesko, Community Development/Recording Secretary Hultman. Mesko left at 8:30 p.m. Roll CaII: Commissioner Hedlund, seconded by Dahlquist, moved to have this section removed from future agendas. Carried 5 -0. Approve Minutes: Commissioner Hedlund, seconded by Vogt, moved to approve the minutes of June 18,1998 as presented. Carried 5 -0. Commissioner Vogt, seconded by Dahlquist, moved to approve the minutes of July 16, 1998 as presented. Carried 5 -0. Public Hearings: A. Lower Oak Park Heights Rezoning from R -2 to O. Open Space (Continued): Chair Hedlund opened the public hearing for discussion at 7:08 p.m. There were no visitors in the audience. City Planner Richards provided the Commission with a memorandum from City Attorney Vierling regarding the giving back of land taken through Eminent Domain. In short, it stated that no definite answer could be obtained from the MnDOT Commissioners office on when MnDOT decides to reconvey real property under Minn. Stat. 161.442 nor was the attorney spoken with willing to provide any guidance in how the MnDOT makes such a decision, beyond the statute section 161.442 which states, " that the DOT commissioner may reconvey real property acquired for highway building that is no longer needed to the previous owner." Discussion ensued. Richards stated that it is one of the City's Tong -term goals to discuss the re -use of this property and though it does not appear that the bridge is going to be located in this area, as originally intended, it is likely that portions of the area will be utilized for intersection easements. Richards further indicated that it is the City's intention to have this area remain a residential neighborhood and that by changing the zoning to 0, Open Space, it will allow the City the best Tong -term opportunity for maximum control over the neighborhoods future development, without affecting the properties presently existing within the neighborhood. Commissioner Wasescha, seconded by Dahlquist, moved to close the public hearing. Carried 5 -0. Public hearing closed at 7:35 p.m. Commissioner Wasescha, seconded by Dahlquist, moved to recommend that Council approve rezoning of Lower Oak Park Heights from 0, Open Space to R -2, Low and Medium Density Residential with the land to be reverted back to residential zoning as part of the City's Comprehensive Plan. Carried 4 -1, Vogt opposed. Old Business: A. Design Guidelines: City Planner Richards asked for comments on the draft provided to the Commission and indicated that more process had been included in this draft per the Commissions recommendation. Discussion ensued. Richards will revise draft with Commissions recommendations. This matter will be placed on the September 17, 1998 meeting agenda for further discussion. f ll Oak Park Heights Agenda - 2 B. Park Dedication: City Planner Richards explained the park dedication presently in place by the City. He indicated that currently the City only required a cash dedication. He stated that many cities are requiring both a cash and land dedication as land has proven to be more lucrative. Discussion ensued, including a suggestion that if land is to be part of the dedication process, there should be the option to choose either the land or the cash value of the land to be dedicated. Commissioner Vogt, seconded by Hedlund, moved to table this issue for further discussion at the September 17, 1998 meeting. Carried 5 -0. C. State Planning Conference /Land Use Planning Seminar. September 23- 25. 1998: City Planner Richards noted the upcoming seminar dates and asked who would be attending. Commissioners Vogt and Hedlund will be attending the Minnesota American Planners Association seminar and Commissioner Hedlund will be attending the State Planning Conference. City Planner Richards stated that he, along with staff, would take care of the necessary registration. D. Zoning Action Property Notification Signs: City Planner Digre outlined procedures used by other communities for sign notifications in zoning action areas. City Planner Richards had photographs of several sign designs available and shared them with the Commission. Brief discussion ensued as to the sign size and time frame of sign placement. Chair Hedlund, seconded by Dahlquist, moved to have Richards discuss this issue with the City's Public Works staff and direct them to look into costs for such signs and make recommendation to Council for purchase. Carried 5 -0. New Business: A. Special Meeting scheduled for 7:00 p.m.. Thursday, September 3. 1998 for Public Hearings and Comprehension Plan Public Informational Meeting: City Planner Richards stated that this was placed on the agenda for the Commissions reference. Brief discussion ensued regarding what each of the public hearings, listed on the September 3,1998 agenda draft, were for. Public hearing notices was of specific concern. The Commission would like to see the notices indicate that questions should be directed to City Hall, ensuring that a party could be contacted, who would have adequate information to assist the caller. The Commission directed that this public hearing be held as an informational meeting rather than a public hearing. Properties in the affected areas will be notified by staff of the informational meeting status. Informational: Valley Senior Service Alliance Summary of Preliminary Cost Estimate was received by the Commission. Commissioner Dahlquist stated that he would like to see this area utilized as an opportunity to extend a pathway to formal pathways. General discussion ensued regarding trail plans existing and those proposed. Adjournment : Chair Hedlund, seconded by Schultz, moved to adjourn. Carried 5 -0. Meeting adjourned at 9:10 p.m. Next Regular Meeting: September 17, 1998 - 7:00 p.m., Oak Park Heights City Hall Respectfully submitted, Julie A. Hultman Community Development/ Recording Secretary Enclosure 2 CITY OF OAK PARK HEIGHTS 141.63 N. 57th Street • Box 2007 Oak Park Heil ts. v " ? Phone: •�- ��C3 P.. (61 ) 139 - - -3'? • FAX 139-O5 7 - 401.15.0. 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 though establishment e..ic:.ils� .;c..t Of a comprehensive and impartiai series of standards, regulations and procedures governing signs and communicative facilities serving as communication media to persons situated wituhin or upon the public ric; t -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 /cr indiscriminate use of communication facilities. 2. Permit Required. Except as otherwise provided in this Section, no person shall erect, maintain, repair, or alter or relocate within the City any sign as defined herein without first having been issued an appropriate permit therefore and having paid the appropriate permit fee. 3.' Permit Fees. The fees which shall be charged for permanent and temporary signs and for sign repair or copy replacement under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council. 4.- Application Procedures. Each application for a permit under this Section shall be submitted to the Zoning Administrator cr designee on forms provided by the City and shall include, but net be limited to, the following information: a. The name, address and telephone number of the person for whom the sign is being erected, and the name, address and telephone number of the applicant and the • property owner. Tree City U.S.A. k b. The location and dimensions of the building, structure or lot to which, or upon which, the sign is to be attached or erected. c. A site plan showing the positioning and height of the sign(s) or other advertising structures in relation to all nearby existing or proposed buildings, structures and property lines, lighting details, a table of the proposed gross sign area for each sign and the total proposed sign area. d. Two blueprints or ink drawings of the plans and specifications for the sign, its method of construction and its attachment to the building or in the ground. e. The name of the person, firm, corporation or association erecting the structure. f. Such other information as the Zoning Administrator or designee requires to show full compliance with this and all other laws and ordinances of the City. g. If the work authorized under a permit has not been completed within six (6) months after the date of its issuance, said permit shall become null and void. 5. General Provisions. a. No sign permitted by this Ordinance shall, by reason of its location, color or intensity, create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "Stop," "Caution," "Warning," etc., unless such sign is intended to direct traffic on the premises. b. All signs and sign structures shall be properly maintained and shall be kept in a safe orderly condition. In addition, all parts and supports shall be properly painted. Any sign or sign structure which is rotted, unsafe. deteriorated, defaced or otherwise altered, shall be repainted, repaired or replaced by the licensee, owner or agent of the owner of the property upon which the sign stands, upon written notice of the Building Official. c. No sign shall be attached to hang from any building until all necessary wall and /or roof attachments have been approved by the Building Official. d. No sign, nor any guys, stay or attachment thereto shall be erected, placed or maintained by any person on rocks, fences or trees nor in such a manner as to interfere with any electric light, power, telephone or telegraph wires or the supports thereof. 15 -44 J1 e. When electrical signs are installed, the installation shall be subject to the State's Electrical Code as may be amended. f. No signs other than governmental signs shall be erected or temporarily placed within any street right -of -way or upon any public lands or easements or right -of -way. g. The temporary use of searchlights, banners, pennants and similar devices shall require a permit. The permit shall be valid for ten (10) consecutive days. No more than three (3) permits per business proprietor shall be granted during any 12 -month period and no permit shall be issued within thirty (30) days of the expiration of a previous permit. The permit shall be promptly displayed during the period of validity. Notwithstanding the above, no such permits shall be issued except in R -B, B -2, B -W, and I Districts of the City. h. No part of a sign or sign structure shall be placed closer to any property line than ten (10) feet. A person shall not illuminate any existing advertising device at any time if the existing advertising device is not located at the place of business being promoted, except for reasonably sized directional devices to aid sized directional devices to aid tourists to find gas, food and lodging. j. All signs shall display in a conspicuous manner, the owner's registration number that corresponds to the number on a permit held by the City. The permit should contain the information including (but not limited to) the owner's name and date of erection. k. A minimum of one (1) address sign shall be required on each building in all districts. Such sign shall be of sufficient size to be legible from the nearest street, yet shall not exceed two (2) square feet in area. The number shall be metal, glass, plastic, or curable material and the number shall not be Tess than three and one -half (3-1/2) inches in height, in a contrasting color to the base. The numbers shall be lighted or made of some reflective material and so placed to be easily seen from the street. No sign or sign structure shall be erected or maintained so as to prevent free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. m. Permanent window signage shall not exceed twenty -five (25) percent of the total area of the window in which they are displayed. Lettering used in permanent window signage exceeding three and one -half (3 -1/2) inches in height shall be items of signage permitted on that side of the building. 15 -45 n. All signs as required by Occupational Hazards Act shall be permitted in all Districts. o. If a freestanding sign or sign structure is constructed so that the faces are not constructed so that the faces are not constructed so as to be back to back, the angle shall not exceed ten (10) degrees. If said angle is greater than ten (10) degrees, the total area of both sides added together shall not exceed the maximum allowable sign area for that district. p. No sign shall be positioned so that if impacts or is exposed to residential uses or districts along adjoining side and rear yard property lines. 6 Permitted and Prohibited Signs. a. Permitted Signs. The following signs are allowed without a permit, but shall comply with all other applicable provisions of this Ordinance. 1) Public Signs. Signs of a public, non - commercial nature to include safety signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques and the like, when signs are erected by or on order of a public officer or employees in the performance of official duty. 2) Identification Signs. Signs in all districts which identify the business, owner, .-. manager or resident and set forth the address of the premises where the sign is located and which contain no other material. There shall be one (1) per premise, not to exceed two (2) square feet in area. If the sign is freestanding, the total height may not exceed five (5) feet. 3) Direction Signs (On- Site). On -site directional signs, not exceeding four (4) square feet in area, intended to facilitate the movement of pedestrians and vehicles within the site upon which such signs are located. 4) Integral Signs. Names on buildings, date of construction, commemorative tablets and the like, which are of a permanent type of construction and which are an integral part of the building or the structure. 5) Political Campaign Signs. a) State General Election Years. In a state general election year, the size and duration of campaign sign display shall comply with the provisions of Minnesota Statutes 211.B.045, as amended. These signs shall be confined within private property and shall not be less than fifteen (15) feet from the nearest edge of the pavement. 15 -46 b) Other Election Years. In years when no state general election is to take place, signs announcing candidates seeking public political office and other data pertinent thereto shall be permitted up to a total area of nine (9) square feet for each premise in a residential zone and thirty -two (32) square feet in an agricultural, commercial or industrial zone. These signs shall be confined within private property and shall not be Tess than fifteen (15) feet fro the nearest edge of the pavement and one hundred (100) feet from the nearest curb intersection of any street or road. These signs may be displayed sixty (60) days prior and seven (7) days after the election for which intended. In cases where a final election follows within seventy -five (75) days of a primary election, those candidates who won in the primary election may continue to display their signs during the interim period and up to seven (7) days after the final election. 6) Holiday Signs. Signs or displays which contain or depict messages pertaining to a National or State holiday and no other matter and which are displayed for a period not to exceed thirty (30) days. 7) Construction Signs. A non - illuminated sign announcing the names of architects, engineers, contractors, or other individuals or firms involved with the construction, alteration or repair of a building (but not including any advertisement of any product) or announcing the character of the building enterprise or the purpose for which the building is intended. Such signs shall be confined to the site of the construction, alteration or repair and shall be removed within two (2) years of the date of issuance of the first building permit or when the particular project is completed, whichever is sooner. One (1) sign shall be permitted for each major street the project abuts. No sign may exceed thirty -two (32) square feet in the 0, R -1, R -2 Districts or fifty (50) square feet in the R -3 through I Districts. 8) Individual Property Sale, Lease or Rental Signs. Any on- premise sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property or announcing the purpose for which it is being offered. a) Signs must be removed within ten (10) days after sale or rental of property. b) Signs may not measure more than twelve (12) square feet in 0 Districts; not more than four (4) square feet in R -1, R -2 Districts; not more than thirty -two (32) square feet in R -3, R -B, B -1, B -2, B -W, and I Districts. 15 -47 c) A conditional use permit may be granted by the City Council for signs larger than twenty (20) square feet in the 0 District, under this section, in the event that more than twenty (20) acres are offered for sale. d) There shall be only one sign per property. Corner properties, however, may contain two signs; one per frontage. 9) Rummage Sale Signs. Rummage sales may be held and signs displayed therefore provided that the exchange or sale of merchandise is conducted inside the principal or accessory structure; and all related signs are confined to the subject property. All related signs shall conform to the applicable provisions of this Ordinance, and be removed at the termination of the sale. 10) Temporary Window Signs. Temporary window signs shall be permitted within the R -B, B -1 and B -2 zoning districts, provided that they do not exceed ten percent (10 %) of the front building facade. 11) Awnings. Awnings that convey a message via alphabetic, numeric or symbolic characters shall be included in calculating the overall signage of the property. The outline of such characters shall be used to determine the area of the awning signage. All awnings are subject to the provisions of Section 401.15.G.6.b.4). b. Prohibited Signs. The following signs are specifically prohibited by this Ordinance: 1) Any sign which obstructs the vision of drivers or pedestrians or detracts from the visibility of any official traffic control device. 2) Any sign which contains or imitates an official traffic sign or signal, except for private, on- premise directional signs. 3) Any sign which moves or rotates. 4) No sign shall display any moving parts, nor shall it be illuminated with any flashing or intermittent lights, nor shall it be animated. Exempted are time and temperature information. All displays shall be shielded to prevent any light to be directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets. 5) Projecting signs. 15 -48 6) Roof Signs are permitted provided they do not extend beyond the measured height of the building as defined by Section 401.02.B. of this Ordinance. 7) Any sign which contains or consists of banners, pennants, ribbons, streamers, string of light bulbs, spinners or similar devices (Except in case of Section 401.15.G.5.g). 8) Portable signs (except in case of Section 401.15.G.5.g.). 9) Signs and /or posters which are tacked onto trees, fences, utility poles or other such permanent supports, except safety signs and signs found on fences (inside) of baseball parks. 10) Signs painted directly on building walls (wall graphics). 11) Signs which advertise an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than thirty (30) days from the date of vacancy. 12) Temporary window signs used for the purpose of advertising goods and /or services to the extent not permitted in 401.15.G.6.a.10). 7. Non - Conforming Signs. a. The following are non - conforming signs: 1) Advertising Signs. (Exceptions: Temporary window signs and signs which advertise non - profit corporations). Said signs shall be limited to the sizes and restrictions imposed within the zoning district in which the use is located and the other applicable provisions of this Ordinance. 2) Prohibited Signs. 3) Other Signs. All other signs not prohibited that do not conform to the provisions of this Ordinance. b. General Provisions Governing Non - Conforming Signs. 1) A non - conforming sign may not be: a) Changed to another non - conforming sign. 15 -49 b) Structurally altered except to bring into compliance with the provisions of this Ordinance. c) Expanded. d) Re- established after its discontinuance for fourteen (14) days. e) Repaired or otherwise rehabilitated, except to bring into compliance after damage of more than fifty (50) percent of sign market value. 2) If any property use or business changes ownership, all signs on that property including any sign identifying a business no longer in existence, shall be brought into conformance within thirty (30) days. 3) All non - conforming and prohibited signs created by this Ordinance shall be removed or brought into conformity with this Ordinance within the following time periods: a) Any sign in violation of Prohibited Signs: One (1) year. b) For all other non - conforming signs: Five (5) years from the date of the enactment of this Ordinance. 4) Non - Conforming Signs Existing Prior to this Ordinance. Except as otherwise provided herein, the provisions of this Ordinance are not intended to alter, diminish, increase or otherwise modify any rights or liabilities imposed upon non - conforming or prohibited signs existing prior to this Ordinance's effective date. Any act done, offense committed, or rights accruing or accrued, or liability, penalty incurred or imposed prior to the effective date of this Ordinance is not affected by its enactment. 5) Non - Conforming Sign Maintenance and Repair. Nothing in this Ordinance shall be construed as relieving the owner or user of a legal non - conforming sign or owner of the property on which the legal non - conforming sign is located from the provisions of this Ordinance regarding safety, maintenance, and repair of signs contained in Section 401.15.G.7.a. of this Ordinance. Provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more non - conforming or the sign shall lose its legal non - conforming status. 15 -50 6) Updating Non - Conforming Signs. Any person requesting to update a sign on a premise that contains legally non - conforming signage must, as part of the update, bring twenty (20) percent of the existing signage into conformity. c. Non - Conforming Uses. In cases where a use is legally non - conforming based upon the Oak Park Heights Zoning Ordinance, all existing or proposed signs shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the use is allowed. 8. District Regulations. (See Sign Table, Page 401.15 -57) a. R -1, R -1A, R -1 B, R -1 C, Single Family Residential and R -2, Low to Medium Density Residential Districts. Only one (1) sign per principal use may be erected on the subject property. This may be either: 1) Freestanding. Not more than forty (40) square feet nor higher than six (6) feet; or 2) Wall, Canopy or Marquee. Not more than eighteen (18) square feet nor higher than the top of the parapet wall or eave. b. O. Open Space Conservation and R -3, Multiple Family Residential Districts. Only one (1) sign per principal use may be erected on the subject property, except on properties containing multiple family dwellings of three (3) or more dwellings, which may have one (1) project identification sign per entrance to the project, but in no case shall there be more than four (4) such signs for any one (1) project. Signs within these districts are subject to the following conditions: 1) Freestanding. Not more than twenty -four (24) square feet nor higher than eight (8) feet; or 2) Wall, Canopy or Marquee. Not more than twenty -four (24) square feet nor higher than the top of the parapet wall or eave. c. R -B, Residential Business and B -1, Neighborhood Business Districts. Only two (2) signs per principal use may be erected upon the subject property, subject to the following conditions: 1) Freestanding. Not more than forty (40) square feet nor higher than eight (8) feet; or 2) Walls, Canopy or Marquee. Not more than forty (40) square feet nor higher than the top of the parapet wall or eave. 15 -51 d. B -2, General Business and I, Industrial Districts. Only two (2) signs per principal use, except on corner lots which may have two (2) wall signs, subject to the following conditions: 1) Only one (1) freestanding sign will be permitted with a maximum of one hundred fifty (150) feet or fifteen (15) percent of the front building facade, whichever of the two is less. The freestanding sign will not exceed a height of thirty (30) feet. 2) Only one (1) sign on wall, canopy or marquee will be permitted, with a maximum area of one hundred fifty (150) square feet or fifteen (15) percent of the front building facade, whichever of the two is less. Signage consisting of individually outlined alphabetic, numeric and symbolic characters without background except that provided by the building surface, may be increased by the building surface, may be increased by twenty -five (25) percent of the allowable sign area provided it does not exceed one hundred fifty (150) square feet. An individual sign may not exceed the height of the parapet wall or eave. 3) On a corner lot, each facade facing a public right -of -way may have one (1) wall sign. Both the front and side facade may be counted when determining sign area. Total area of both signs shall not exceed the requirements established in provision (2) above. 15 -52 • w „...\ SIGN TYPE AND MAXIMUM GROSS SURFACE AREA IN SQUARE FEET Canopy, Property Motor fuel Zoning Free- Identifi- Marquee, Temp. Perm. Constr- Sale or station - District standing cation Wall Window Window Address Direction Political uction Rental Price Display 0 24 2 24 - 25 %' 2 4 4 32 12 16 R -1/R -2 40 2 18 - 25 %* 2 4 4 32 4 16 R -3 - 2 - 25 %' 2 4 4 50 32 16 R -B 40 2 40 10 %" 25% 2 4 4 50 32 16 B -1 40 2 40 10 %" 25 %' 2 4 - 50 32 16 B -2 150 "' 2 150 *" 10 %" 25 %' 2 4 50 32 16 BW - 2 - - 25W 2 4 - 50 - 16 I 150 "' 2 150 *" - 25 %' 2 4 - 50 32 16 Percentage based upon total window area Percentage based upon front building facade "' 150 square feet or 15% of front building facade whichever is less /-\ SIGN TYPE AND MAXIMUM HEIGHT IN FEET Canopy, Motor fuel station - Zoning District Freestanding Identification Marquee, Wall Address Price Display O 8' 5' Top of parapet wall or 3.5" 8' eave R-1/R-2 6' 5' Top of parapet wall or 3.5" 8' eave R-3 - 5' - 3.5" 8' R -B 8' 5' Top of parapet wall or 3.5" 8' eave B-1 8' 5' Top of parapet wall or 3.5" 8' eave B -2 30' 5' Top of parapet wall or 3,5" 8' eave BW - 5' - 3.5" 8' I 30' 5' Top of parapet wall or 3.5" 8' eave 15 -53 • 9. Special District Regulations. The following regulations refer to certain signs in all appropriate zoning districts unless otherwise specified. a. Motor Fuel Station. Signs for motor fuel stations shall be regulated by the single occupancy business structure sign provisions for the zoning district in which the station is located. In addition, motor fuel stations may also display signs which identify current fuel prices and car wash facilities. If fuel prices are displayed, all fuel prices must be depicted. Said signs shall be limited to a maximum of sixteen (16) square feet each and shall be limited to a maximum height of eight (8) feet. This additional sign area, however, shall be counted against the maximum allowable sign area for the subject property. b. Multiple Occupancy Business and Industrial Structures. When a single principal building is devoted to two (2) or more businesses or industrial uses, a comprehensive plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. Said plan shall be subject to the review and approval of the City Council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. The effect of said comprehensive sign plan is to allow and require the owner of a multiple occupancy structure to determine the specific individual sign requirements for the tenants of the structure. As sign locations and size, etc., may --� be of significant importance in lease arrangements between owner and tenant, it is the City's intention to establish general requirements for the overall structure only, thus providing the building owner with both the flexibility and responsibility to negotiate with individual tenants on their specific sign needs. 1) The maximum individual sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single or double occupancy structures in the same zoning district. 2) Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions in Section 401.15.G.4. of this Ordinance. Individual freestanding signs identifying the tenant's business shall not be displayed. 3) Except as provided in paragraph (4) below, individual tenants of multiple occupancy structures shall not display separate identification signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance and each sign shall be limited to the maximum wall size sign permitted in the district. Said signs shall be 15 -54 1 . located only on exterior walls which are directly related to the use being identified. 4) In any multiple occupancy structure ualif in as a shopping Y 9 Aping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be resolved during the site plan review process. Attention shall be given to the possible number of tenant or occupancy bays which may be served by the common public entrance for which the directory sign is intended. 10. Maintenance and Inspection. a. Maintenance. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds. Notice shall be given to the Building Official of any change in sign user, sign owner or owner of the property on which the sign is located. b. Inspection. All signs for which a permit is required shall be subject to inspection by the Building Official. The Building Official, or designated agent, are hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Ordinance are being obeyed. Such entrance shall be made during business hours unless an emergency exists. The Building Official may order the removal of any sign that is not maintained in accordance with the maintenance provisions of this Ordinance. 11. Permit and Variance Procedures. a. Permit Issued if Application in Order. It shall be the duty of the Zoning Administrator upon the filing of an application for a permit to examine such plans, specifications and other data and the premises upon which it is proposed to erect the sign. If it shall appear that the proposed structure is in compliance with all the requirements of this Sign Ordinance and all other laws and ordinances of the City of Oak Park Heights, the permit shall then be issued. If the work authorized under a permit has not been completed within sixty (60) days after the date of issuance, the permit shall be null and void. '-0 15 -55 d b. Variances. In order to provide additional flexibility in the enforcement of this Ordinance and to alleviate hardship and injustice, the City Council, sent nc as the Board of Adjustments and Appeal, may, upon application, grant a variation from the terms of this Ordinance. Upon application, therefore, from the person seeking a permit for the erection or Installation of a sign, the request for variance shall be processed in accordance with apelicabie previsions of the Oak Park Heights Zoning Ordinance, as may be amended. Additionally, the City Council serving as the Board of Adjustments and appeal, shall make a finding of fact that an undue hardship cr injustice exists IT a variance were not granted and therefore, may grant such variations based upon consideration of the following: 1) That particular physical surroundings, shape or topographical conditions of the specific parcel of and 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 cr interfere with the function of the police and fire departments of the City. c. Fees. Fees for the review and processing of sign permit variance requests shall be chanced in accordance with the previsions of Section 401.08 of this Ordinance. / r „ .r1 Enclosure 3 • CITY OF `� ` OAK PARK HEIGHTS 14168 N. 57th Street • Box 2007 • Oak Park Heights, YIN 55082 • Phone: (612) 439 -4439 • FA.X 439 -0574 CITY OF OAK PARK HEIGHTS NOTICE OF PU$LIC HEARING TO CONSIDER CHANGING THE ZONING OF THE OAKGREEN AVENUE ANNEXATION AREA FROM 0, OPEN SPACE TO B -1, NEIGHBORHOOD BUSINESS AND R -1, SINGLE FAMILY RESIDENTIAL The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday. September 3, 1998 at 7:30 p.m. at Oak Park Heights City Hall at 14168 North 57th Street to consider changing the zoning of the Oakgreen Avenue Annexation Area from 0, Open Space to B -1, Neighborhood Business and R -1, Single Family Residential zoning. All who wish to comment are asked to attend and be heard. ,. Date: August 13, 1998 BY ORDER OF THE CITY COUNCIL \, Thomas M. Melena City Administrator Tree City U.S.A. NORTHWEST ASSOCIATED CONSULTANTS • I NC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH MEMORANDUM TO: Oakgreen Avenue Area Residents Oak Park Heights City Council Oak Park Heights Planning Commission FROM: Scott Richards DATE: 25 August 1998 RE: Oak Park Heights - Oakgreen Avenue Annexation Area: Land Use and Zoning FILE NO: 798.04 - 98.18 As you are aware, a few days ago you received a public hearing notice for a proposed rezoning that comprises the "Baytown Island" properties along Oakgreen Avenue. Upon angexation to the City of Oak Park Heights this Summer, the properties were zoned 0, ..n Space in accordance with the Zoning Ordinance. Attached please find the current zoning map of the area. The City is now in the process of determining what would be the best land use and zoning for those properties in that area east of Oakgreen Avenue. The City Council recently acted on the rezoning of the property west of Oakgreen Avenue and north of 58th Street by assigning that area the new Central Business District (CBD) Zone. The area to the south of 58th Street and west of Oakgreen is planned to remain as 0, Open Space in that it will be utilized for a lineal park/trail. For the Planning Commission meeting scheduled on 3 September 1998 at 7:00 PM at the Oak Park Heights City Hall, City staff will not be making a recommendation to rezone any of the property east of Oakgreen until the residents who live in the area have had a chance to discuss with the Planning Commission their ideas or concerns for future land uses. The intent of this public hearing is informational; no action will be taken by the Planning Commission. The Planning Commission will be discussing the Comprehensive Plan Update also that evening, so that it will be an excellent opportunity for residents of this area to express their opinions. We welcome anyone who is concerned or affected by activities in this area to attend the meeting. pc: Tom Melena y-, 775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 5541 6 HONE 6 1 2- 595 -9636 FAX 6 1 2- 595 -9337 E -MAIL NAC@a WINTERNET.COM STATE HIGHWAY 36 a�a....w...v OAKGREEN AVE N \ �� � Z � , ZONING .\\\ & • ��. City imits KW. � M . Y . �������� p lir MI '■ Subject Area Boundary \� �\ \ \� \A4 Subject Area �"�\� \ [. Wetland /Ponding Areas \ .. ``` r..p Zoning \ \ \ \ kkM \ \ \Q , �� � Mg 1.111 so R-B MI CBD L u \ \ \k� \v►u \\ \\ \ \. \ . S 1 1 B -2 1 0 israi. 4). 411. -..... - - - .. i, -- -- -- - - i- - 1 m \ \ \ \‘\\\\ \ �'�► �"44 e r NM PU D • 58TH STREET a 11 's► . ) ''.4 : ' ... R �� . 200 0 200 400 Feet Li II . r 0.03 0 0.03 0.06 Miles ..... IOW 7--- ... _ ____. E . _ _ ____ _ , _ . . r f Fri [ H F 1 1 si ___N ,.. Pr - - pill! ____A al N `� MI NC , \ \ ____ __ ___ _ ,, ) ) � rI' 4 4" CITY OF Enclosure 4 , OAK PARK HEIGHTS • 14168 N. 57th Street • Box 2007 Oak Park Heights, MN 55082 Phone: (612) 439 -4439 • FAX 439 -0574 CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING TO CONSIDER CHANGING THE ZONING OF THE KERN CENTER FROM 0, OPEN SPACE TO B -W, BUSINESS/WAREHOUSING The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday, September 3, 1998 at 7:30 p.m. at Oak Park Heights City Hall at 14168 North 57th Street to consider changing the zoning of the Kern Center from 0, Open Space to B -W, Business/ Warehousing. All who wish to comment are asked to attend and be heard. Date: August 13. 1998 BY ORDER OF THE CITY COUNCIL ), V ` ) Thomas M. Melena City Administrator Tree City U.S.A. INC C NORTHWEST ASSOCIATED CONSULTANTS COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Tom Melena FROM: Cynthia Putz -Yang / Scott Richards DATE: 26 August 1998 RE: Oak Park Heights - Kern Center Site - Rezoning FILE NO: 798.04 - 98.19 BACKGROUND The following report reviews the proposal by the City of Oak Park Heights to rezone the Kern Center site from 0, Open Space to B -W, Business/Warehouse. The Kern Center site was annexed by the City in 1988 and was included in an amendment to the City's comprehensive plan in May, 1998. The subject area consists of 113.4 acres and is located south of State Highway 36, west of St. Highway 5 and north of, and including, 55 Street North. The site location in shown in Exhibit A. The site was zoned for commercial use before being annexed by the City and currently contains a mixture of uses including a recycling business and an entertainment facility .that features miniature golf. Upon annexation to the City of Oak Park Heights, the Kern Center was automatically given an 0, Open Space Conservation District designation according to the Oak Park Heights Zoning Ordinance. The 0 District is considered a transition district for annexed property until such time as the City initiates rezoning to an appropriate district for the current as well as future land uses. Zoning the area B -W, Business/Warehouse provides for the establishment of wholesale and retail trade for large volume or bulk commercial items, storage and warehousing. Industrial uses allowed within this district will be limited to those which can compatibly exist adjacent to commercial and lower intensity activities. The B -W District establishes specific performance standards relating to lot coverage, parking, loading, landscaping, and signage that are in character with a business campus type of development. The standards are designed to regulate the aesthetics and, to a certain extent, the design of the area. 5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 6 PHONE 612 - 595 -9636 FAX 612- 595 -9837 E -MAIL NAC @WINTERNET.COM Attached for Reference: Exhibit A - Site Location Exhibit B - Proposed Zoning Exhibit C - B -W Districts ISSUES AND ANALYSIS Rezoning Evaluation Criteria Section 401.03 A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible adverse effects of the proposed zoning amendment. The Planning Commission and City Council's judgements must be based upon (but not limited to) the following factors: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the .-. property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise,etc.). Comprehensive Plan: The Comprehensive Plan, as amended in May 1998, designates this site for business /warehouse uses and proposes that the zoning be B -W, Business/Warehouse (Exhibit B). Compatibility: The Zoning Ordinance stipulates that the proposed use should be compatible with present and future land uses in the area. Only land to the east of the site is in Oak Park Heights. This land is zoned B -2, General Business, Commercial (Zoned PUD), and Institutional (Zoned 0, Open Space) (Exhibit B). The following is a listing of proposed uses which surround the subject site: Direction Use North Highway 36 /Planned low density residential on 2 '� north side of Highway 36 South and West Planned low density residential East Commercial and Stillwater Area High School To the north, Highway 36 provides a buffer to the residential uses. To the south and west, trees and wetland areas provide a buffer to residential uses. The proposed business /warehouse use is compatible with commercial and institutional uses to the east and State Highway 5 provides a boundary between the uses. The proposed use should not negatively affect the area. Need for the Use: The Comprehensive Plan, as amended in May, 1998, states that considering current demand in the east metro area for developable commercial and Tight industrial property, all vacant commercial and light industrial property in the City, including the Kern Center, could be completely developed shortly after the turn of the century. Traffic Generation: The Comprehensive Plan, as amended in May, 1998 states that the improvements made to the Highway 36 and Highway 5 intersection were constructed in anticipation of full buildout of the Kern Center with commercial, office, and Tight industrial or warehousing uses. RECOMMENDATION Based upon the preceding review, our office recommends the Planning Commission and City Council approve the rezoning of the Kern Center site from 0, Open Space Conservation to B -W, Business/Warehouse. 3 1J . - eW jf_lir r �� i t I CI 11 '��w�� 1�I s o !11 1\ *'t • 9 � _ , ` sr y 4 - A. -.. - -. I -_ - __ • • ILIA 117.i c i ■i i 111 . ?,:: L � - Ink 11.7 1 - 1 -1 SITE LOCATION 1 _ hh i Nt_��� ! 1 il � ,r � 1- rte. I { N " ` �o�� y 1 p , � � 1 Vt. ; i•- � . s i., . ' �c •� • ` F 4 1 1 I IL -N � M 11111 7 ■ 11 /, rs sas! r �.yI :1 :-. s i ... : 111 � u�� ■1 O. •■B Ie!an■ . „`°"i� C 1. r. � AAA S n U■N � • � iiitform7_,____ 1111 Illllllllfe\ 1 b 11 r , I . /m su 1 a �► � ��aiiilGi O �J s lnetpe n D 4 ;j �� a O = fib n ■ .vip v " nt i :� . ��� • n1■ • 1 j O ■..::a1d111' g ■ ■■.o ate � � �° \ill., Ei rim gad • •����IM1 /� I tm l_ 1 '� lit\ ive / '1 4110 " 0 111 7‘ Mil itiAl l e 411114 A I I g ' ' I 11111 ,„,.,... 1 .... - -iv ...--,.....-.A iimli16,_ --Z. . ,ftralmostalllitil illt larFtis 2 grft \ 11 -,... WWI MENA 1111 il dM.,grillerant a ial IVIll 1 111 Is .r __ __ ' . ' � , %.� 1114 11=1 ��� na'w'`'lio;41 WNW m = iii .( :i - ® ® ® ® ®� )... � _ - ��� was i l 4�� 1 _ 1 11111 i r--.1 1 M I m a 6 0 ,613 ri I I I I I k mi firiTelliVeMa IMMI NE C, Apt.U.A" _.11-k Itti SE - , I t ' �= =III= I '' \i iiii::--fr iszt 1 r4t1 - \ . , c _fr),______ .r---,i , -./: - t--- 119 i__ - I - \ W in." .74-9..--l ,, _ W W 1 M irki , liv I I 0 - 1 iiir° _____ _____.,..,_ c> _____ \ _ 4,„. — . LEGEND Oak Park Heights �� O R.I ,..., Ran.Y R.. Inns 111 BONESSl00 RCN (, �RI.lo-dMrluun Da:..Y 'M .w �Bnu'wr:We'M 1 CIli e (R . MuAiA.e FY Hr n 4x.W QB: N Busi�ma Zoning k1 ∎ « 00 o, „,,.‘r'....,........ � ow A .: o D«' D.1...1 (ry M D s�. ■ g Map 1500 0 1500 Feet AndeA■ 6 «A.w.A 00 'o s c�..'.M.., —�t�/ �, Assodates • } EXHIBIT A v KERN CENTER CITY OF OAK PARK HEIGHTS �� lull. L IUP u11, .s- . • � _ J .. . 1 - - \ t /� / /� /• iY.vui. /�/ % / /, � mr.� i i /i/�y� - -- / j ,AM ' , L i / % // / / / % / / % //// ,, •. r y � ����..,.... ���� � �,����A� ,� — MN Wm ale ( ./n MO • Alit -- 0 ;! ,` AP IrL 11■-,■■■•....■■■■••■•■=ap--........."--...r.w...11116,11V-- / IIIII thltrA ri i : / %1111 I I I n p i . A 4 /41194 IPPIAP r N W E s 0.2 0 0.2 0.4 Miles LEGEND PROPOSED ZONING ZONING CLASSIFICATION 1 R -1, Single Family Residential District ® B -2, General Commercial District j// B -W, Business/Warehouse f j 0, Open Space Conservation District \ \ \ ` PUD, Planned Unit Development MAY 1998 _ 12 EXHIBIT B • 401.31. B -W, BUSINESS/WAREHOUSING DISTRICT 401.31.A. Purpose. The purpose of the B -W, Business/Warehousing District is to provide for the establishment of wholesale and retail trade of large volume or bulk commercial items, storage and warehousing. The overall character of the B -W District is intended to be transitional in nature, thus industrial uses allowed within this district shall be limited to those which can compatibly exist adjacent to commercial and lower intensity activities. 401.31.B. Permitted Uses. The following are permitted uses in a B -W District: 1. Commercial printing establishments. 2. Commercial /professional offices. 3. Conference centers. 4. Essential services. 5. Governmental and public utility buildings and structures. 3. Indoor commercial recreation. 7. Laboratories. 8. Wholesale showrooms. 9. Cellular telephone antennas located on a public structure as regulated in Section 401.15.P of this Ordinance. 401.31.C. Interim Uses. The following are interim uses in a B -W District: 1. None. 401.31.D. Accessory Uses. The following are permitted accessory uses in a B -W District: 1. All permitted accessory uses allowed in a B -2 District. 31 -1 EXHIBIT C • 401.31.E. Conditional Uses. The following are conditional uses in a B -W District (Requires a conditional use permit based upon procedures set forth in and regulated by Section 401.03 of this Ordinance): 1. Open and outdoor storage including the parking of commercial vehicles in excess of that allowed as a permitted accessory use as and accessory use provided that: a. The storage area is landscaped, fenced, and screened from view of neighboring uses and abutting residential districts. b. Storage is landscaped and screened from view from the public right -of -way. c. Storage area is blacktopped or concrete surfaced. d. All lighting shall be hooded and so directed that the Tight source shall not be visible from the public right -of -way or from neighboring residences. e. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. f. The provisions of Section 401.03 of this Ordinance are considered and satisfactorily met. 2. Open or outdoor services, sale and rental as a principal or accessory use provided that: a. Outside services, sales and equipment rental connected with the principal use is limited to thirty (30) percent of the gross floor area of the principal use. b. Outside sales areas are landscaped and fenced or screened from view of neighboring residential uses or an abutting residential district. c. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residences. d. Areas are asphalt or concrete surfaced. e. The use does not take up parking space or loading areas as required for conformity to this Ordinance. 31 -2 f. Additional parking, pursuant to Section 401.15.F of this Ordinance, is provided for said space. g. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 3. Manufacturing, compounding, assembly, packaging, treatment or storage of products and materials provided that: a. The proposed use complies with the performance standards outlined in Section 401.15.B and all other applicable provisions of this Ordinance. b. The provisions of Section 401.03.A.8. of this Ordinance are considered and satisfactorily met. 4. Planned unit development as regulated by Section 401.06 of this Ordinance. 5. Cellular telephone antennas not located on a public structure provided that: a. The provisions of Section 401.03.A.8 and Section 401.15.P of this Ordinance are considered and satisfactorily met. 401.31.F. Access. 1. Access to industrial development shall be allowed only on arterial or collector streets, or a street specifically designed for such development. *2. Curb cut widths and locations shall comply with the provisions of Section 401.15. F.4. H.B. 3. Industrial developments of a small scale shall be encouraged to develop a common access drive and parking facilities. Incentives, such as reduction in setback and /or parking requirements may be provided at the discretion of the City Council. 4. A turning lane and its appropriate right -of -way must be provided if the City Council determines that one is needed. 401.31.G. Lot Coverage. Not less than twenty (20) percent of the buildable portion of the lot, parcel or tract of land shall remain as a grass plot including fencing and landscaping with shrubbery and plantings. A lesser area may be devoted to a grass plot only via a conditional use permit, provided that: * Amended Ord. No. 97- 401.02, October 14, 1997 31 -3 • 1. An allowance is made for increased amenities, landscaping or quality of construction as determined by the City Council. 2. In no case shall Tess than ten (10) percent of the buildable portion of the lot, parcel or tract of land remain as a grass plot. 3. The provisions of Section 401.03 of this Ordinance are considered and satisfactorily met. 401.31.H. Building Type and Construction. All building materials and construction must be in conformance with Section 401.15.C.8. of this Ordinance. 401.31.1. Parking. Detailed parking plans in accordance with Section 401.15.F. of this Ordinance and the additional requirements of the section listed below, shall be submitted for City review and approved before a building permit may be obtained. 1. The parking area shall be set back a minimum of ten (10) feet from any property line. 2. The parking lot in front of the building shall be screened from the public right -of -way and from adjoining property in conformance with the provisions of Section 401.15.E. of this Ordinance. 3. All parking areas and driveways shall be surfaced with asphalt, concrete, cobblestone or paving brick. 4. Perimeter curbing shall be required around entire parking lots. no closer than five (5) feet from any lot line. 5. All parking stalls shall be marked with white painted lines not less than four (4) inches wide. 6. Any lighting used to illuminate an off - street parking area shall be hooded and so arranged as to reflect light away from adjoining property, abutting residential uses and public rights -of -way. 7. Grass, plantings, or screening shall be provided in all areas bordering the parking lot. The screening shall be strictly vegetation, earth berming, or a combination of the two. 31-4 • 8. The screening shall occur, at a minimum, along the outermost medians of the parking area, at every second median within the lot, and at the ends of each parking row. 9. The medians shall not exceed three (3) feet in height, nor be at a slope greater than twenty (20) percent. 401.31.J. Loading. Any structure erected or altered for a use which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles shall provide off - street loading space in conformance with the provisions of Section 401.15.F of this Ordinance and the following additional requirements: 1. A detailed off- street loading plan including berths, area, and access shall be submitted to the City for review approval prior to issuance of a building permit. 2. The location of the loading area shall not be in the front of the building. 3. All areas intended to be used for loading including access shall be surfaced with bituminous or concrete. 4. All loading areas shall be screened from surrounding areas by means of vegetative plantings, berming, and /or a screening fence specified as follows: a. A vegetative planting strip or grouping shall consist of evergreen trees and /or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual screen. This planting area shall be designed to provide complete visual screening to a minimum height of six (6) feet. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. The planting plan and type of plantings shall require the approval of the City Council. b. A required screening fence shall be constructed of masonry, brick, or wood. Such fence shall provide a solid screening effect eight (8) feet in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the City Council. Fences in excess of eight (8) feet in height shall require approval of the Zoning Administrator and Building Official. 401.31.K. Trash Receptacles. All buildings in which exterior storage, trash storage, and /or handling is provided shall provide an enclosed trash receptacle area in conformance with the following: 31 -5 • 1. Exterior wall treatment shall be similar and /or complement the principal building. 2. The enclosed trash receptacle area shall be located in the rear of side yard. 3. The trash enclosure must be an accessible location for pick up hauling vehicles. 4. The trash enclosure must be fully screened from view of adjacent properties. 5. Construction of the trash receptacle enclosure is subject to approval of the City Building Official. 401.31.L. Screening. The screening of outdoor storage areas, heating /air conditioning units, exhaust/fan equipment, trash receptacles, rooftop equipment, and other deterrent elements shall be screened from all surrounding areas by means of planting, berming, and /or a screening fence or other means determined appropriate by the City Building Official. The planting and Berming specifications listed in Section 401.15.E. of this Ordinance are also applicable in this case, however, the height of the screening fence need only be of sufficient height to completely and safely conceal the deterrent element. 401.31.M. Landscaping. A detailed landscaping plan in conformance with Section 401.15.E. of this Ordinance shall be submitted to the City Council and approved before a •� building permit may be obtained and shall be in conformance with the following requirements. 1. The regulations and requirements set forth in the zoning and subdivision regulations shall apply to all vegetative treatments within the study area relative to the quality, sizes, and specifications of plant materials. 2. All landscape and vegetative treatments shall be in conformance with the overall site plan. It is the responsibility of the property owner to meet and maintain this requirement. 3. Unique land features, i.e., topography, vegetation, wetlands, drainageways shall be preserved and /or addressed to achieve the most positive functional and aesthetic results. Every effort should be made to preserve features of the land to create passive open spaces. 401.31.N. Signage. A comprehensive sign plan must be submitted in conformance with Section 401.15.G. of the Sign Ordinance. In addition to the provisions and regulations set forth within the City Sign Ordinance, the following criteria must be met: 31 -6 w 1. Area Identification. Only one (1) sign. Sign area may not exceed seventy -five (75) square feet with a maximum height of twenty (20) feet for freestanding signs. 2. Single or Double Occupancy Business Signs. The total sign area for the subject property may not exceed fifteen (15) percent of the total front building facade, except both front and side facades may be counted on a corner lot. Signs chosen to comprise the total sign area shall be consistent with the following provisions: a. Freestanding. Not more than one (1) sign. Sign area may not exceed fifty (50) square feet with a maximum height of twenty (20) feet. b. Wall, Canopy or Marquee. Not more than one (1) wall, canopy or marquee sign per building. However, on corner lots two (2) such signs are allowed, one per street frontage. Individual sign area may not exceed sixty -four (64) square feet. 31 -7 4 CITY OF Enclosure 5 OAK PARK HEIGHTS ' 14168 N. 57th Street • Box 2007 •Oak Park Heights, I1�IN 55082 • Phone: (612) 439 -4439 • FAX 439 -0 Sr4 CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDED CONDITIONAL USE PERMIT ALLOWING A GREENHOUSE AT STILLWATER AREA SENIOR HIGH SCHOOL The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday, September 3, 1998 at 7:30 p.m. at Oak Park Heights City Hall at 14168 North 57th Street to consider a request from Stillwater Area Senior High School for an amended conditional use permit, to allow a green house at 5701 Stillwater Blvd., N., Oak Park Heights, MN. All who wish to comment are asked to attend and be heard. Date: August 13. 1998 BY ORDER OF THE CITY COUNCIL • Thomas M. Melena City Administrator Tree City U.S.A. 4 NORTHWEST ASSOCIATED CONSULTANTS INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Tom Melena FROM: Brad Digre /Scott Richards DATE: 25 August 1998 RE: Oak Park Heights - Stillwater Area High School Greenhouse CUP FILE NO: 798.02 - 98.03 BACKGROUND Application. Stillwater Area High School of Independent School District 834 has made application for a revised Conditional Use Permit (CUP) to construct a greenhouse. In October 1991 the City Council approved a CUP to allow construction of the High School in the Open Space District. An amendment to the CUP is necessary being that the proposed configuration of the greenhouse has changed. The proposed greenhouse will be constructed adjacent (i.e. attached) to the rear northeast corner of the existing High School. Attached for Reference. Exhibit A - Original Site Plan Exhibit B - Revised Site Plan Exhibit C - Site Detail Exhibit D - Building Plan ISSUES ANALYSIS Greenhouse Design. Horizontally, the greenhouse measures 30 feet parallel by 36 feet perpendicular to the High School. This comprises a total of 1080 square feet. Vertically, the greenhouse will have a 12 foot on center column and truss spacing, with an 8 foot eave height. The flooring will consist of 4 to 6 inches of 3/4 inch pea gravel with 2 foot by 2 foot concrete squares for walkways (2 abreast). This type of flooring is designed to maintain 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 61 2- 595 -9636 FAX 612- 595 -9837 E -MAIL NAC @WINTERNET.COM • adequate humidity and allows for the flexibility to move walkways. The greenhouse will be engineered to meet 30Ib Ground Snow Load and 90 MPH Wind Load. .-. Adjacent Uses. Uses adjacent to the subject site include the following: • North of Site: Screened by existing High School structure. • South of Site: Screened by existing High School structure. • East of Site: Single Family Residential • West of Site: Screened by existing High School structure. Considering the proposed location of the attached greenhouse, the structure will be screened by the High School on the north, south and west sides. And the environmental area to the east provides an open space buffer from existing residential uses. Setback, Landscaping, Grading and Drainage Plans. The location and footprint of the greenhouse was included in the original plans submitted with the High School CUP application in October 1991. The building met all required setbacks and was reviewed for landscaping, grading and drainage. The change in orientation of the greenhouse does not encroach into the previously approved setbacks. Any changes to the grading and drainage plans that were originally submitted in October 1991, should be reviewed with approval by the City Engineer. Additionally, any conflicts with existing landscaping and sidewalk areas should be reviewed by the Planning Commission and City Council. Lighting. A lighting plan was not submitted as a part of the application. The applicant should make staff aware of any plans for lighting the facility on a 24 -hour basis. Conditional Use. Conditional use criteria is provided in Section 401.03 of the Oak Park Heights Zoning Ordinance. The City Council and Planning Commission shall consider possible adverse effects of the conditional use and should reviewthe following criteria and conditions to determine if the CUP is justified: City Council and Planning Commission Considerations: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. c. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. 4 g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. The proposed use's conformity with all performance standards contained herein (i.e. parking, loading, noise, etc.) Conditions for Approval of public educational institutions: a. Side yards shall be double that required for the district, but no greater than fifty (50) feet. b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 401.15E. of the Zoning Ordinance. c. Adequate off - street parking and access is provided on the site of the principal use in compliance with Section 401.15.F of the Zoning Ordinance and that such parking is adequately screened and landscaping from surrounding and abutting residential uses in compliance with Section 401.15.E. of the Zoning Ordinance. d. Adequate off - street loading and service entrances are provided and regulated where applicable by Section 401.15.F. of the Zoning Ordinance. e. The provisions of Section 401.03.A.8. of the Zoning Ordinance are considered and satisfactorily met. Commentary. Based on the criteria and conditions for CUP approvals staff finds the greenhouse to be compatible. RECOMMENDATION AND CONCLUSION Our office, after reviewing the request and the criteria and conditions for CUP approvals, recommends approval of the request for an amended CUP to allow the construction of a greenhouse attached to the Stillwater Area High School. The recommendation is made with the following conditions. 1. 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FAX 439 -0574 CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC.H ARING TO CONSIDER A VARIANCE REQUEST FOR A TEN FOOT HEIGHT FENCE ALLOWANCE TO THE CITY OF OAK PARK HEIGHTS FOR ENCLOSURE FENCING AROUND THE CITY EMERGENCY GENERATOR AT 14168 N. 57TH ST, OAK PARK HEIGHTS, MN The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday, September 3, 1998 at 7:30 p.m. at Oak Park Heights City Hall at 14168 North 57th Street to consider a variance request for an ten foot height fence allowance which exceeds the standard allowance of eight feet by two feet for the City of Oak Park Heights for enclosure fencing around the City's emergency generator. All who wish to comment are asked to attend and be heard. Date: August 13. 1998 BY ORDER OF THE CITY COUNCIL Thomas M. Melena City Administrator Tree City U.S.A.. *1 CITY OF OAK PARK HEIGHTS • DEVELOPMENT APPLICATION 14168 57th Street North P.O. Box 2007 Base Fee: Pd. Oak Park Heights, MN 55082 EscrowAmt: Pd 612/439 -4439 Fax: 612/439 -0574 Date Filed: Please read carefully and answer all questions thoroughly. Only complete applications will be accepted after validation by the City Administrator and prior to acceptance of required processing fees /deposits. 1116r 57th Street :`orth Street Location of Property: Legal Description of Property (Attach additional sheet if necessary): Owner: Name: -' ty cf Cak 'ark Heights Address: 14168 57th Street North City: Cak Park Heights State: MN Zip :55082 Telephone (Home): (Business): - 439 -4 439 (Fa 651 -439 = 0574 Applicant (If other than owner): Name: Address: City: State: Zip: Telephone(Home): (Business): Type of Request(s): Zoning District Amendment Home Occupation Conditional Use Permit Home Occupation: Minor Variance: Single Family Residential PUD: Concept Plan Variance: Other Residential /Commercial/Industrial PUD: General Plan Subdivision Comprehensive Plan Amendment Subdivision: Minor Street Vacation Description of Request(s): Extend 8 foot screening fence by adding a two foot Lott ie.e _ Purpose of the request is to provide screening of the eight foot tall Emargarry reneratnr from the p»hl it 11Sing the pAth which raises to northeast from the building. INC NORTH N ASSOCIATED CONSULTANTS COMMUNTY PLANING - DESIGN - MARKET RESEARCH PLANNING REPORT TO: Tom Melena FROM: Scott Richards DATE: 26 August 1998 RE: Oak Park Heights - City Request for a Fence Height Variance at City Hall FILE NO: 798.04 - 98.20 BACKGROUND Application. The City of Oak Park Heights has made application for a fence height variance so as to construct a screening fence for the new emergency generator located at the north side of the City Hall building. The variance is necessary in that the Zoning Ordinance specifies a maximum height of eight feet for all interior lot fences or walls. The proposed fence is 10 feet with nine foot doors, and is designed to totally screen the generator structure. The property is zoned 0, Open Space Conservation in which City Halls and their accessory structures are permitted uses. Attached for Reference. Exhibit A - Site Plan Exhibit B - Memo from Jay Johnson, Public Works Director ISSUES ANALYSIS Fence Design. The concrete pad for the emergency generator measures 12 feet by 24 feet and will be completely surrounded by the fence. The fence is to be constructed of wood with the lower eight feet as a solid wood screen and the two additional feet as lattice. Nine foot doors to access the generator are provided on the west side. In that the generator itself is approximately eight feet tall, the lattice will assure that when viewed from a distance, especially the trail north of City Hall, that the generator will be covered from view. 5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK. MINNESOTA 554 1 6 PHONE 6 1 2- 595 -9636 FAX 61 2- 595 -9837 E -MAIL NAC@a WINTERNET.COM The screening structure is partially completed, except for the addition of the two foot lattice. Jay Johnson, Public Works Director, will have photos of the generator and ' enclosure for review at the 3 September 1998 Planning Commission meeting. Adjacent Uses. Uses adjacent to the subject site include the following: • North of Site: NSP easement and City trail. • South of Site: City Hall, parking lot and single family homes. • East of Site: City Hall property and single family homes. • West of Site: City Hall property and single family homes. Considering the location of the enclosure and the existing vegetation surrounding the rear of the City Hall property, the fenced area itself will hardly be visible from the trail and any single family homes. Variance. Variance criteria is provided in Section 401.04 of the Oak Park Heights Zoning Ordinance. The Planning Commission and City Council should review the following criteria and conditions to determine if the variance is justified: Review Criteria: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. c. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. Conditions for Approval: 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 2 involved and which are not applicable to other lands, structures or buildings in the same 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. Comment: In response to the criteria and conditions listed above, the primary hardship to this variance is that the structure to be screened is approximately eight feet in height and in order to provide adequate screening, the City is requesting a 10 foot fence. The City staff is attempting to set the example for private development interests by properly screening the generator from the adjacent trail and single family homes. To a certain 3 extent, the screening sections of the ordinance that require coverage of this type of mechanical equipment conflict with the fencing requirements that only allow a fence screen of eight feet in height. For these reasons, City planning staff recommends that the fence variance be approved. RECOMMENDATION AND CONCLUSION Our office, after reviewing the request and the criteria and conditions for variance approvals, recommends approval of the request for the fence height variance to allow a 10 foot fence and nine foot gate to the rear of the Oak Park Heights City Hall. The recommendation is made with one condition: 1. Any additional comments or conditions of the City Council, Planning Commission, or City staff. 4 lo ) ) ) • a• GENERATOR ENCLOSURE AND FENCE . .., , • .• , 1 , I '11 • . 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I 1 1 1)1 1 1 It •• it M • l I. 1'1 I 1 ritOR ut.ce OrrFoi 1 . _ 111 (=Ilil . 1111114014 I piliinnit1;f11! riiii 177■01 -f- _ 1 1 1 1 1 1 I 1 , i TOTAL rrcartip IlaliT V 15,13 1 5,arf , I ii Vi4C , 1 I , , 4140 i (0 a: OCLAJ/Aela D.1. etul ilitl7Cr VA Tire. IS -a .1, . Lo lli V i 1114. .. s . _ IP • _ , il , i II el a....111 kk ild.l11111i111110110A11111111illittatinitil l [ t iltaligaillaikt lilla ' • Mil r il i . r ill I I..- ii i iiill ill CI OF v urn r'.bl,bl t OAK PARK HEIGHTS Ammemmimmu !-11- ''`'-' 14168 N. 57th Street • Box 2007.Oak Park Heights, MN 55082 • Phone: (612) 439 -4439 • FAX 439- j7 To: Planning Commission From: Public Works Director Date: August 19, 1998 Subject: Emergency Generator Screening 1. The attached variance request is being submitted by the Public Works Department for the construction of a two foot lattice on top of an eight foot equipment screening fence and for nine foot high doors. The lattice and doors will provide additional screening for the emergency generator which has been installed behind City Hall. 2. Originally we had designed a 10 foot screening fence such that the generator would not be visible from the path behind City Hall. We discovered that screening fences are limited to eight foot. We then modified the design to be an eight foot fence with a two foot lattice to be added if the variance is approved. Unfortunately, the eight foot restriction was not discovered until after the contractor had constructed nine and one half foot high doors. The doors have been left on the generator enclosure. If the variance is denied they will be reconstructed to eight foot high. 3. Attached are some pictures of the generator enclosure. Tree City U.S.A. • EX B HIBIT To: Planning Commission From: Julie Hultman Subject: September 3, 1 998 Agenda Item IV. E. Date: August 26, 1998 MEMORANDUM As agenda item IV. E. is regarding the consideration of the Land Use Concept Plan of the Oak Park Heights Comprehensive Plan Update, please remember to bring along your Comprehensive Plan for the discussion. • • 4 "`" CITY OF OAK PARK HEIGHTS 14 168 N. 57th Street • Box 2007 Oak Park Heights, MN 55082 Phone: (612) 439 -443 �� ! 9 • FAX 439 -0574 CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING TO CONSIDER LAND USE CONCEPT PLAN OF THE OAK PARK HEIGHTS COMPREHENSIVE PLAN UPDATE The Planning Commission of the City of Oak Park Heights will hold a Public Hearing on Thursday. September 3, 1998 at 7:30 p.m. at Oak Park Heights City Hall at 14168 North 57th Street to consider the Land Use Concept Plan of the Oak Park Heights Comprehensive Plan Update.. All who wish to comment are asked to attend and be heard. Date: August 13. 1998 BY ORDER OF THE CITY COUNCIL Thomas M. Melena City Administrator Tree City U.S.A.