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HomeMy WebLinkAbout2005-01-07 WC Recorded Document #3491110 - Sign VarianceOffice of the County Recorder Washington County, MN Certified filed and/or recorded an: 2005/01/07 1.31.00 PM 3491110 Gindy Koasmsnn �* county Recorder f S e 3491110 IIIIIIIIUNIIIIIIIIIII�II IN II NOTICE OF CERTIFICATION STATE OF MINNESOTA COUNTY OF WASHINGTON ) SS. CITY OF OAK PARK HEIGHTS ) /9 I, the undersign berg dui q ualifie d . Y q and acting as ��t Administrator for th e City of Oak Park I Ieights, �in.�.esata I� � HEREBY CERTIFY that I have coM are � the attached document: sign Varr`anCe For P - riz den tig] Investment Ma -n a er e �' nt & ..tea walskr''s 5501 1Veal Ave, N. with the original thereof an f�1e at the off . ices O f the City- o f Oak l ark He i g ht s , and g that the s ai is a fi4 true and carn.pIete cop except referenced 'Y p fenced attachments, which can b vi ew at the city o f f ceS, of said docm within the fifes of the C lty of Oak Park Heights. '�IIT`I�TES S my hand and the seal Of the City of Oak Park Hey hts, s 9th d g ay of Decemb 2004. ! r �� l �� I F � � ` 4 • It t , .. x� ,i ••L',i z CITY OF OAK PARK HEIGHTS SIGN VARIANCE FOR PRUDENTIAL INVESTMENT MANAGEMENT AND KOWALSHI'S Planners File No.: 798.02 -04.13 late Issued: November 10 2004 Legal Description: (Washington County Geo. Code 0602920110011) Lots 2, Block 1, Oak Park Ponds Addition � �- 0 �`°' Owner: Prudential Insurance Qom om of Amer Applicant: Prudential Investment Man.a ement (Division of owner .Address: 180 North Stetson St Suite 3275 Two prudential Plaza Chicago, Illinois 6060 1 -6716 Site Address 5801 NEAIa .AVE. OAK PARK HEIGHTS, MN 55082 Present Zoning District: B Permitted uses set forth in ordinance 401 Section 401,30 VARUNCE PEST FOR: A signage variance is required to allow Starbucks, which is to be located in Ko •' walsl�.m s Market, to advertise on the west and north facades of the building in combination with the proposed e Kowalski 's . p p d Iowalsl�x s signage. The request is to allow two additional wall signs on two . separate facades of the building, g Pursuant to the Application: 1, The applicant proposes to increase the number of sig for '' gn Kowalsk slStarbucks signage to four sig from the allowable two sign Two sig will gn ll b e on the west facade and two signs will b e laced on the north facade. P 2. The total requested square footage of signage is significantly less than what is allowed b the Z Ordinance. y g 3. The overpass of Highway 35 and Highway S provides a significant visibility barrier for businesses in Oak Park Ponds Shopping Center, resulting in a hardship for advertising this location. 4. Kowalski's and Starbucks are two separate entitles within the same retail space not resulting in a multi- . g tenant condition for calculating allowable signage. The Variance Permit was approved by the City Council of the City of Oak Park Heights on November 10 2004 with the following conditions: ' 1. The curb lines of the parking lot shall be restored to the original approved layout [pi or to the location of the gas station), subject to review and approval of the City Engineer. 2. The landscape plan is subject to review and approval of the City Arborist. 3. The Planning Commission recommends and the City Council approves the use of the decorative light fixture on the building fagade.. 4. The building elevations are approved as proposed in the building plans in that the facades will be consistent with the intent of the Design Standards. 5. The trash dumpsters shall be stored within the trash enclosures at all tines within the shopping in center development. 6. The projection flood lighting attached to the parking lot light poles shall be removed and not utilized within the shopping center. fI. Reference Attachment; The recommendations of the City Planner as adopted by the City Council are annexed hereto be reference. Balance of this page is left intentionally blank F)CM1 JL f A ff Planner's Report October 28, 2004 L � a Aft �4ORTHWEST ASSOCIATED A 4800 Olson Memorial Hi ghway Suirte F ir 02 Golden hallo �. Telephone: 7(33,231,2555 l�acsirrz ile: 76 �► I� �l 5�4�� } 3.�� � .���'1 plan nors@nacplanntn , co TO: lyric Johnso FROM: Scott Richards DATE: October 28, 2004 RE: Oak Park Hei ghts — Kowalski's Market 81te Flan, Design Standards Review, and si g age Variance FILE NO. 798. -- 04. Kowalski's Market has lade application for a site plan re � ev�ew , Desi gn standards review, and slgnage variance for the former Rainbow Food Park Ponds sl�oppin tenter � s store located at the yak on 88 Street and Neal 'Ave i ' two en�e ark. Kowalsk ' s will remodel approximately ds of the Rainbow store s and dell. The seconda ten pace for a fill service grocery ant has yet to be identified. site and � t� i Id In are r the Proposed used �� a n es t primarily ri ly ire the front/ west fa d � o the front of the store will e of building. �l�e parking I not be clanged. l� ng lot �n The site plan review will focus on the building frontage with the changes to the curb line and the additional landscaping that will be added, Design Standards review is confined to the front of the building and to a portion of the northwest comer in which a new facade will be constructed. The secondary tenant space will also be improved with a new facade. A signage 'variance is requested ted to allow starbucks Kov�ralskl's Market to � which will be boated . advertise on the vest an �n the combination with d north facades of the � • nth tl�e proposed orals '' � l���ld�ng �n k s signage. The a updating the e�lst�n to pplioants have proposed g Pylon slgnage iti conformance p p ed . with the honing Ordinance allowancesslgnage Attached for reference: Exhibit 1: Site Plan and Details /Landscaping Exhibit 2: Building Elevations and Sign Plan Exhibit 3: Proposed Floor Plan Exhibit 4: Lighting Details .,SSLaES ANALYSIS Project Background and Information. The Rainbow Foods and oak Park. Ponds development approvals were granted in 1997. At that time, the city granted variances to allow for the Rainbow wall signs and the three monument signs for the development. The original pylon sign was in conformance with the sign requirements in place at that time. In 2001, a conditional use permit, an amendment to the planned unit and a sign variance was ranted to allow the construction of a fuel service development, 9 9 . center In the parking lot in front of the Rainbow Foods stare. Following the closure of the Rainbow Foods store, the fuel service station and tanks were removed and the p 9 arkin lot was restored. The conditional use permit has expired for the fuel station and signage allowances. Comprehensive Plan, The Proposed Land Use leap guides the subject property for p . commercial use. Zoning,, The site is zoned PUD, Planned Unit Development. The PUD, as approved, utilizes the B -2, General Business District as the basis for land use and performance standards approvals. Detail sales is a permitted use of that district. The original PUD also allowed for outdoor garden and landscape sales. That would be carried through for the proposed Kowalski's application. Parking /Access. The oak Park Ponds shopping center was originally constructed with -a total of 611 parking stalls. when the fuel station was constructed, 32 parking stalls were lost. Additionally, the seasonal garden center occupies approximately 50 stalls. with restoration of the parking lot after the fuel station removal, the stall count is back to 611 stalls. A total of 443 stalls are required by Zoning ordinance for the oak Park Ponds development. There are no parking issues with replacement of the Rainbow Foods store with a Kowalski's Market and the additional tenant retail space. The city Engineer has recommended that the curb line in the parking lot be restored to its original configuration before the fuel station was constructed. currently, there is a jog in the drive lane that should be corrected, The site plans should be revised and the parking lot changes subject to review and approval of the city Engineer, Site changes /Front of Building. The site plan for Kowalski's front entrance includes a change in the curb line, a new sidewalk treatment, and landscape beds. Additionally, an exterior sitting area will be provided as well as a seasonal floral sales area. All of the proposed components will provide a more attractive entrance to the store which will be consistent with the Design standards. The landscape plans are subject to review and approval of the city Arborist. Lighting., The elevations of thQ building indicate the addition of decorative light .fixtures, Exhibit 4 indicates the proposed fixture style. The Planning commission and city should cornmerit on tie fixture in that it does not comply with the full cut off tY requirements of the Zoning ordinance. The city council could allow the fixture under 0) the provisions for archite6tural light fixtures (Section 401.1,5.B.7) purpose in that their is decorative and not to provide significant site lighting. Signage. The Kowalski's stare would be allowed, by ordinance, two wall signs, each on different facades, with a total of 500 square feet of total signage. The elevation plans indicate the total proposed signage of the west facade would be 77 square feet; on the north it would be 65 square feet. The applicants are requesting two separate signs for each of the two facades, thus requiring the sign variance. Two signs will advertise Kowalski's, the other two would advertise Starbucks Coffee. The tenant space would also be allowed one wall sign with up to 540 square feet of signage, although it is unlikely that the future tenant would request that amount. As part of the Kowalski's redevelopment, United Properties has proposed updating the existing pylon sign for the shopping center. Kowalski's 8ignage will be featured on the pylon as will the second tenant. The sign will be increased to 40 feet in height and the total signage would be approximately 196 square feet, in cornpliance� with the Destination Retail Highway sign District allowances. The pylon sign will be developed . � r g p Frith a landscaped planter base. The sign would be in compliance with all of the Sign Ord requirements. Section 401.04.A.5 of the Zoning Ordinance states that a variance from the terms of this ordinance shall not be granted unless it is demonstrated that: a. ,Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances whiph are peculiar to the land, structure, or buildin involved and which are not applicable pp cable to other lands, structures or buildings in the same district. b. literal interpretation of the provisions of this Ordinance would deprive the ap of rights con�mo 1 pp common enjoyed by other properties in the same distnct under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. p y 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 e rivile p g 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 o p p rp e f the applicant. h. The request does not create an inconvenience to neighboring properties and uses, The applicant is proposing to increase the number of signs for Kowa lski's /Starbuc s to instead nstead of the allowable two, The total requested size of si ha e is significantly . g g g antly less than what is allowed by ordinance. The city has, in the past, ranted a variance . , p �g ncoto Rainbow to allow additional size and number of signs to address the lack of visibility � l�ty of the shopping center, The overpass of Highway 36 and 5.provides a significant i g visible le 3 IN WI'T'NESS WIRERE OF, the parties have set forth their hands and seals. Date: Date: Date: C F OAK HEIGHTS By --- - ' - David Beaudet J onnson A PRUDENTU, INVESTMENT MANAGENMNT B Its �"•/� dl� ����_.