HomeMy WebLinkAbout2012-03-19 Compliance Letter - SE Permits, Drive Access & Garden Center Lighting City of Oak Park Heights
14168 Oak Park Blvd. N. Phone: 651.439.4439, Ext. 1105
P.O. Box 2007 Fax: 651.439.0574
Oak Park Heights, MN 55082 Email: jhultman @cityofoakparkheights.com
March 19, 2012
Mr. Scott Friday, Manager
Wal -Mart Supercenter #1861
5815 Norell Ave. N.
Oak Park Heights, MN 55082
Re: Special Event Signage, Outdoor Garden Center Lights & Drive Access /Maintenance
Dear Scott:
We have spoken on several occasions regarding special event signage placement and permit
requirements. Despite our conversations, temporary signs and tire socks continue to be
placed at the auto repair area at your store and 1 have noticed that on occasion signs are
being placed at the store front as well. All exterior special event signage require a no -cost
special event permit from the City. I have enclosed Special Events Ordinance 401.15.G.8 for
your review and an application for your use.
Please remove all exterior placed special event signage and displays or obtain a special
event permit for their display prior to Monday, March 26, 2012. A compliance inspection will
be made. If compliance is not found, the matter will be forwarded to the Police Department
for citation consideration. Please be advised that such citation shall be to you personally.
This past July I brought to your attention the poor condition of the drive access at 60 St.,
into Wal -Mart. At that time I asked that you review the roadway and repair it as appropriate.
Since that time I have received a number of calls regarding potholes at the access and have
also noticed that some intermittent patching has occurred. Obviously, this access is in need
of greater repair than patching to ensure that it remains a safe, accessible roadway into your
parking lot. To this end, you are requested to pursue repair to the access during the course
of this Spring /Summer, but no later than June 30, 2012.
Lastly, the light fixtures placed at the outside garden center are non - compliant to City
Ordinance 401.15.B. for outdoor lighting. I am referring to the fixtures that have been
installed directly over the display areas. Commercial outdoor lighting fixtures (luminaire) are
required to comply with the performance standards outlined in Ordinance Section
401.15.B.7.f.2 as to shielding, intensity, height, location, hours of operation and glare.
City of Oak Park Heights
Scott Friday March 19, 2012
Wal -Mart Page 2
Ordinance 401.15.B. and Ordinance definitions sections related to lighting and shielding (with
diagrams) have been enclosed for your review.
You are directed to address the outdoor garden center lighting and take the necessary steps
to bring them into compliance with City Ordinance 401.15.B prior to their being placed into
use but no later June 30, 2012.
As always, your prompt attention is appreciated. I'd be happy to meet you to discuss the
above requests. Please contact me immediately to discuss any questions you may have or to
schedule an appointment to discuss them.
Sincerely,
111*
u 1 A. Hultman
P :n ing & Code Enforcement Officer
Enclosures
c: Quinn Schratz, WaI -Mart Sr. Facilities Manager (w /enclosures)
Eric Johnson, City Administrator
Jim Butler, Building Official
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City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082
Phone (651) 439 -4439 • Fax (651) 439 -0574
www.cityofoakparkheights.com
401.15.G.8. SPECIAL EVENTS.
a. Sign Permit Required. No special event shall be held without first
obtaining a sign 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 five (5) special events per calendar
year. The total number of special event days in a calendar year shall not
exceed fifty (50) days for any applicant, business, or public and
institutional use. 1 Once the time period has expired for a special event the
applicant shall wait the same number of days that the sign 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.
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
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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 permitee's property and shall comply with
the City's setback requirements for accessory buildings.
'Amended 10 -28 -08
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3) Bannerettes.
a) Bannerettes may be used on Tight 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.
4) Banners.
a) Banners may be attached to poles, tents, and buildings,
provided that are well secured and are prevented from being
blown around uncontrollably by the wind.
b) No more than two (2) banners shall be allowed.
c) Banners shall not be larger than one hundred (100) square
feet nor higher than the wall of the principal building on the
lot.
5) Search lights.
a) Search lights as regulated in Section 401.15.B.7.g.(1) of this
Ordinance.
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) Air inflatable devices.
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e. Sign 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 property owner or organization shall submit a
completed application for a sign 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 sign permit, may a business display the special event
signs and decorations.
f. Violations.
1) It is a violation for any person, company, or organization to provide,
erect or display any beacons, balloons or other advertising device
which is not in conformity with the provisions of this Section.
2) Special event signs and decorations not removed by the last day of
the special event.
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City of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082
Phone (651) 439 -4439 • Fax (651) 439 -0574
www.cityofoakparkheights.com
Temporary "Special Event" Sign /Banner
& Temporary Outdoor Sales Tent
Permit Application
PLEASE TYPE OR PRINT
Applicants Name: Title:
Business Name:
Address:
Street City State Zip
Phone: Fax: Other:
Applicant Email Address:
Type: Check All Applicable
Banner _ Sign _ Balloon _ Tent _ Other:
Description of Item(s): Include message content, location, exact dimensions of item(s) and how it/they
will be erected (e.g. banner attached to building wall). Please use the back of this application if you need
additional room. For tent placement a site plan must be submitted with this application, showing location,
number of parking spaces, if any displaced, etc. •
Date Item(s) Will Be Erected: Dated Item(s) Will Be Removed:
• 5 Events Per Calendar Year
• 10 Consecutive Days Maximum Per Event
• 50 Days Maximum Per Calendar Year
No Consecutive Event Periods
By signature below, the applicant hereby agrees to work in accordance with the Ordinances of the Local
Municipality, State Building Code, and the requirements enforced by the City of Oak Park Heights. The
applicant further agrees to place and remove temporary signage as approved and notify the Code
Enforcement Officer of any change to design, location or placement duration.
Dated:
Applicants Signature
For Office Use Only: Julie Hultman
Date Issued: Planning & Code Enforcement Officer
Duration: Direct:'(651) 351 -1661
Accumulated Duration: FAX: (651) 439 -0574
Permit Fee: None Email: jhultman @cityofoakparkheights.com
Permit Granted /Denied by:
Reason for Denial (if denied):
Temporary "Special Event" Sign /Banner
& Temporary Outdoor Sales Tent
Permit Application
Page 2
Continued Description (from page 1):
Site Plan:
Site Plan — Additional Information:
5. Grading and Drainage.
a. No land shall be developed and no use shall be permitted that results in
water runoff causing flooding, erosion, or deposit of minerals on adjacent
properties. Such runoff shall be properly channeled into a storm drain, water
course, ponding area, or other public facilities subject to the review and
approval of the City Engineer.
11 b. In the case of all residential subdivisions, multiple family, public, institutional,
and business developments, the grading and drainage plans shall be
submitted to the City Engineer for review and the final drainage plan shall be
subject to the Engineer's written approval. In the case of such uses, no
modification in grade and drainage flow through fill, erection of retaining walls
or other such actions shall be allowed until such plans have been reviewed
and received written approval from the City Engineer.
c. Except for written authorization of the City Engineer, the top of the foundation
and garage floor of all structures shall be a minimum of eighteen (18) inches
above the top of the curb of the abutting street upon which the property
fronts and the driveway shall have a slope of not more than ten (10) percent.
d. Modifications which serve to alter the average and typical natural grade of an
individual lot more than two (2) feet shall require the approval of the City
Council.
6. Traffic Sight Visibility Triangle. Except for a governmental agency for the
purpose of screening, no wall, fence, structure, tree, shrub, vegetation or other
obstruction shall be placed on or extend into any yard or right -of -way so as to pose
a danger to traffic by obscuring the view of approaching vehicular traffic or
pedestrians from any street or driveway. Visibility from any street or driveway shall
be unobstructed between the height of three (3) feet and six (6) feet, measured from
where both street, driveway, or railway center lines intersect within the triangle
describes as beginning at the intersection of the projected curb line of two (2)
intersecting streets or drives, thence thirty t30) feet along one curb tine, thence
diagonally to a point thirty (3) feet from the point of beginning along the other curb
line (see attached drawing). The exception to this requirement shall be where there
is a street, planting or landscape arrangement within such area that will not create a
total obstruction wider than two (2) feet. These requirements shall not apply to
conditions that legally exist prior to the effective date of this Ordinance unless such
410i, conditions are determined to constitute a safety hazard by the Zoning Administrator.
1 7. Outdoor Lighting.
a. Purpose. It is the purpose of this Ordinance section to encourage the use of
lighting systems that will reduce light pollution and promote energy
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conservation while increasing night time safety, utility, security and
productivity.
b. Exemptions. The provisions of this section shall not apply to the following:
1) This section does not prohibit the use of temporary outdoor lighting
used during customary holiday seasons.
2) This section does not prohibit the use of temporary outdoor lighting
used for civic celebrations and promotions.
3) Lighting required by a government agency for the safe operation of
airplanes, or security lighting required on government buildings or
structures.
4) Emergency lighting by police, fire and rescue authorities.
c. Non - Conforming Uses.
1) All outdoor lighting fixtures existing and legally installed prior to the
effective date of this Ordinance (15 October 1997) are exempt from
regulations of this section but shall comply with the previous
Ordinance requirements for glare as follows:
a) Any lighting used to illuminate an off - street parking area, sign
or other structure, shall be arranged as to deflect Tight away
from any adjoining residential zone or from the public streets.
Direct or sky- reflected glare, where from flood lights or from
high temperature processes such as combustion or welding
shall not be directed into any adjoining property. The source of
lights shall be hooded or controlled in some manner so as not
to light adjacent property. Bare incandescent light bulbs shall
not be permitted in view of adjacent property or public right -of-
way. Any light or combination of lights which cast light on a
public street shall not exceed one (1) foot candle (meter
reading) as measured from the center line of said street. Any
light or combination of lights which cast light on residential
property shall not exceed four - tenths (.4) foot candles {meter
reading) as measured from said property.
2) New Fixtures. Whenever a light fixture that was existing on the
effective date of this Ordinance (15 October 1997) is replaced by a
new outdoor light fixture, the provisions of this section shall be
complied with.
d. Intensity. No light source or combination thereof which cast light on a public
street shall exceed one (1) foot candle meter reading as measured from the
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centerline of said street nor shall any Tight source or combination thereof
which cast light on adjacent property exceed four - tenths (0.4) foot candles as
measured at the property line, per • the method outlined in Section
401.15.B.7.e.
e. Method of Measuring Light Intensity. The foot candle level of a light source
shall be taken after dark with the light meter held six (6) inches above the
ground with the meter facing the Tight source. A reading shall be taken with
the Tight source on, then with the light source off. The difference between
the two readings will be identified as the light intensity.
f. Performance Standards.
1) Residential /Open Space District Standards. In all residential /open
space districts, any lighting used to illuminate an off - street parking
area, structure, or area shall be arranged as to deflect light away from
any adjoining residential property or from any public right -of -way in
accordance with the following provisions:
a) The light source shall be hooded or controlled so as not to light
adjacent property in excess of the maximum intensity defined
in Section 401.15.B.7.d.
b) Bare light bulbs shall not be permitted in view of adjacent
property or public right -of -way, unless part of a permanent
fixture.
11 0 2) Public /Institutional, Commercial and Industrial Districts. Any lighting
used to illuminate an off - street parking area, structure, or area shall
be arranged so as to deflect light away from any adjoining property or
from any public right -of -way in accordance with the following
provisions:
a) Shielding. The luminaire shall contain a cutoff which directs
and cuts off the light at an angle of ninety (90) degrees or less.
b) Intensity. Light sources shall not be permitted so as to Tight
adjacent property in excess of the maximum intensity defined
i n Section 401.15.B.7.d.
c) Exceptions. Architectural /historical light fixtures that feature
globes that are not shielded, or lighting of entire facades or
architectural features of a building shall be approved by the
City Council. In no case shall the light affect adjacent property
in excess of the maximum intensity defined in Section
401.15.B.7.d.
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d) Height. The maximum height above the ground grade
permitted for light sources mounted on a pole is twenty -five
(25) feet. A Tight source mounted on a building shall not
exceed the height of the building. In no case shall the height
of a light source mounted on a pole or on a building exceed the
height limits of the zoning district in which the use is located
unless allowed by conditional use permit.
e) Location.
(1) The Tight source of an outdoor light fixture shall be
setback a minimum of ten (10) feet from a street right -
of -way and five (5) feet from an interior side or rear lot
line.
(2) No light sources shall be located on the roof unless said
light enhances the architectural features of the building
and is approved by the Zoning Administrator.
f) Hours.
(1) The use of outdoor lighting for parking lots serving
commercial and industrial businesses shall be turned
off one (1) hour after closing, except for approved
security lighting.
(2) All illuminated on- premise and off - premise signs for
advertising purposes shall be turned off between 11:00
PM and sunrise except that said signs may be
illuminated while the business facility on the premise is
open for service.
g) Glare. Direct or reflected glare from high temperature
processes such as combustion or welding shall not be visible
from any adjoining property.
3) Outdoor Recreation. Outdoor recreational uses such as, but not
limited to, baseball fields, football fields, tennis courts and snow skiing
areas have special requirements for night time lighting. Due to these
unique circumstances, a conditional use permit shall be required for
outdoor lighting systems which do not comply regulations of this
section.
a) No outdoor recreation facility whether public or private shall be
illuminated after 11:00 PM.
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b) Off - street parking areas for outdoor recreation uses which are
illuminated shall meet the requirements stated for commercial
and industrial applications as found in Section
401.15.B.7.f.2).a., b., c., e., and g.
c) The provisions for a conditional use permit, Section 401.03.A.8
of this Ordinance, are considered and satisfactorily met.
12 4) Outdoor Signs. All lighting of signing and informational or visual
communication devices shall be in compliance with Section 401.15.G
of this Ordinance.
g. Prohibitions. The following outdoor lights are prohibited within the City of
Oak Park Heights:
1) The use of search lights for any business shall be limited to not more
than four (4) events per calendar year. During any one event, the use
of search lights shall be limited to five (5) days consecutively and shall
not be used between the hours of 10:30 PM and sunrise.
2) Flashing lights.
h. Submission of Plans. All applications, except single family residential, that
include outdoor lighting must include evidence the proposed outdoor lighting
will comply with this section. The application shall contain the following
information, in addition to other required information:
1) Site plans indicating the location on the premises of all illuminating
devices, fixtures, lamps, supports, reflectors and other lighting
devices.
2) Description of the type of illuminating devices, fixtures, lamps,
supports, reflectors and other lighting devices. The description may
include, but is not limited to, catalog cuts by manufacturers and
drawings (including sections where required).
3) Photometric plans illustrating the angle of the cutoff or light emissions,
and illumination field of the proposed site lighting.
8. Smoke. The emission of smoke by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulation ACP 7005, as may be amended.
9. Dust and Other Particulated Matter. The emission of dust, fly ash or other
particulated matter by any use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005,
as may be amended.
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lumber, and bottles. A junk yard includes an auto wrecking yard, but does not
include uses established entirely within closed buildings nor sanitary land fills.
Kennel: Any lot, premises, dwelling or dwelling unit in which three (3) or more dogs
over the age of six months are kept, harbored, owned or otherwise possessed,
either on a commercial basis or scale for boarding or breeding, or on a private basis
for personal use, enjoyment or profit.
Landscaping: Plantings such as trees, flowers, grass and shrubs and
improvements directly related thereto.
Land Reclamation: The process of the re- establishment of acceptable topography
(i.e. slopes), vegetative cover, soil stability and the establishment of safe conditions
appropriate to the subsequent use of the land.
Lighting Related: Figure 1. Cut Off Angle
1. Cutoff. The point at which all light rays - Total Cutoff
emitted by a lamp, Tight source or - --
luminaire are completely eliminated at a `' " ° •".,,
specific angle above the ground. ÷
2. Cutoff Angle. The angle formed by a line go a
drawn from the direction of light rays at ; et
the light source and a line perpendicular
to the ground from the light source above
which no light is emitted (see Figure 1).
3. Cutoff Type Luminaire. A luminaire with
elements such as shields, reflectors, or refractor panels which direct and cut
off the Tight at a cutoff angle that is Tess than ninety (90) degrees.
4. Flashing Light. A light source which is not constant in intensity or color at all
times while in use.
5. Foot candle. A unit of illumination produced on a surface, all points of which
are one (1) foot from a uniform point source of one (1) candle.
6. Light Source. A single artificial point source of luminescence that emits
measurable radiant energy in or near the visible spectrum.
7. Luminaire. A complete lighting unit consisting of a light source and all
necessary mechanical, electrical and decorative parts.
8. Outdoor Lighting. Any light source or collection of light sources, located
outside a building, including but not limited to, light sources attached to any
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part of a structure, located on the surface of the ground or located on
freestanding poles.
9. Outdoor Light Fixture. Outdoor electrically powered illuminating devices,
outdoor lighting or reflective surfaces, lamps and similar devices,
permanently installed or portable, used for illumination or advertisement.
The fixture includes the hardware that houses the illumination source and to
which the illumination source is attached including, but not limited to, the
hardware casing. Such devices shall include, but are not limited to, search,
spot, and flood lights for:
a. Buildings and structures.
b. Recreational areas.
c. Parking lot lighting.
d. Landscaping lighting.
e. Signs.
f. Street lighting.
g. Product display area lighting.
h. Building overhangs and open canopies.
10. Security Lighting. Outdoor lighting fixtures installed exclusively as a measure
to reduce the possible occurrence of a crime on the property.
Figure 2 - Shielding
11. Shieldin . A technique or method of
construction permanently covering
the top and sides of a Tight source Sh ield
by a material which restricts the light
emitted to be projected below an
imaginary horizontal plane passing
through the light fixture (see Figure
2).
12. Spillage. Any reflection, glare or
other artificial light that emits onto
any adjoining property or right -of-
way and is above a defined
maximum illumination.
Loading Space: A space or berth on the same lot with a building, or contiguous
to a group of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or materials and which abuts upon a street, alley
or other appropriate means of access.
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