HomeMy WebLinkAbout2012-08-08 Planning Report TPC 3601 Thurston Avenue N, Suite 100
ENCLOSURE 2
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: August 8, 2012
RE: Oak Park Heights — Kowalski's Sign Variance Application, 5801
Neal Avenue North.
TPC FILE: 236.02 — 11.08
BACKGROUND
Jim Kowalski, representing Kowalski's Market and Wine Shop has made application for
a Sign Variance to allow for an additional wall sign for the Kowalski's at 5801 Neal
• Avenue North. The application consists of a request for a variance to allow for the
addition of an additional wall sign and to exceed the allowable sign area.
The Design Standards /Site PIan review and well as a signage variance was granted for
the Kowalski's store in 2004. The variance allowed a total of four signs for the building,
two for Kowalski's and two for Starbucks. In 2005, another variance was granted to
Kowalski's to allow for additional signage on the shopping centers pylon sign and to
increase the allowable signage for the store to 520 square feet.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Project Description, Deb Kowalski, July 27, 2012
Exhibit 2: Proposed "The Wine Shop" Sign
Exhibit 3: Proposed New Sign Location
Exhibit 4: Existing Multi Tenant Sign
Exhibit 5: Existing West Main Entry Sign — Starbucks
Exhibit 6: Existing North Wall Sign - Starbucks
Exhibit 7: Existing Main Entry Sign — Kowalski's
Exhibit 8: Existing North Side Wall — Kowalski's
Exhibit 9: Existing Freestanding Monument Signs — Kowalski's
Exhibit 10: Letter from Jacquelyn Quinn, Lamar Companies, July 31, 2012
Exhibit 11: Proposed Floor Plan
Exhibit 12: Planning Report, Kowalski's Market, October 28, 2004
Exhibit 13: Sign Variance Resolution, November 9, 2004
Exhibit 14: Planning Report, Kowalski's Market, October 6, 2005
Exhibit 15: Sign Variance Resolution, October 25, 2005
PROJECT DESCRIPTION
Deb Kowalski provided a project narrative as follows:
We greatly appreciate the prior approval of a liquor license for our Oak Park Heights
Kowalski's Market and Wine Shop. Thank you for considering now our application for a
signage variance for the new wine shop.
As you know, we are in process of adding a small format wine shop to our existing
market. Minnesota law requires a separate entrance for which we will need to have a
sign for customers to know where to enter.
There will be a new entrance to the exterior of the building for the wine shop. The sign
will be placed above the entrance to direct the customer to the store. No Design
Standards review is required in that the change to the exterior of the building is so
minor.
ISSUES ANALYSIS
Comprehensive Plan. The property is designated as Commercial on the Proposed
Land Use Map of the Comprehensive Plan. The Kowalski's Market and Wine shop is
compatible with this land use designation.
Zoning. The property is zoned PUD Commercial Planned Unit Development. The
standards of the B -2 General Business District apply. A sign variance does not require
a Planned Unit Development amendment.
Signage.
Freestanding Pylon Signage. There is a freestanding sign with approximately 84
square feet of Kowalski's signage. The total freestanding sign is 310 square feet.
There will be no change to the pylon sign.
Monument Signage. There are four existing monument signs each with Kowalski's
signage. The monument signs did not originally contain Kowalski's identification
signage and a variance was not applied for to allow these signs on each of the
monuments. Each of the four signs is 60 square feet for a total of 240 square feet of
signage.
2
Wall Signage. The Zoning Ordinance allows for a total of two wall signs, each on
separate facades. A variance has been granted in the past to allow for a total of four
wall signs with a total of 333 square feet. One additional wall sign has been proposed
(The Wine Shop) with 18 square feet which would make the total wall sign area 351
square feet. The additional wall sign requires a variance.
Sign Areas. The Zoning Ordinance allows for up to a maximum of 500 square feet of
signage in the Destination Retail Highway Sign District but a variance granted in 2005
increased that allowance to 520 square feet. The plans indicate a total of 675 square
feet of signage with the wall signs, the pylon sign and the monument sign. A variance is
required to increase the allowable sign area.
Sign Illumination. The proposed sign will be an internally lit individual letter sign and in
compliance with the sign requirements for illumination.
A review of the variance criteria for the proposed wall sign and increase in the allowable
sign area is found as follows:
Sign Variance. Variance criteria are provided in Section 401.04 of the Oak Park
Heights Zoning Ordinance. The Planning Commission and the City Council should
review the following criteria and conditions to determine if the variance is justified.
Review Criteria. The Planning Commission and City Council should make a finding of fact that the
proposed action will not:
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 variance from the terms of this Ordinance shall not be granted unless it can
be demonstrated that:
a. Undue hardship will result if the variance is denied due to the existence of special conditions and
circumstances which are peculiar to the land, structure, or building involved and which are not
applicable to other lands, structures or buildings in the same district.
1) Special cases 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.
3
d. Granting the variance requested will not confer on the applicant any special privilege that is
denied by this Ordinance to other lands, structure or buildings n the same district under the same
conditions.
e. The request is not a result of non - conforming lands, structures or buildings in the same district.
f. The request is not a use variance.
g. The variance requested is the minimum variance necessary to accomplish the intended purpose
of the applicant.
h. The request does not create an inconvenience to neighboring properties and uses.
The applicants have requested the additional sign to assure identification of the wine
shop from the exterior of the building. The wine shop will have a separate exterior
entrance and the sign will be placed above this doorway. Due to the location of this
shopping center, the Kowalski's has limited visibility from 58 Street and no visibility
from Highway's 36 and 5. The applicants have indicated that not allowing a sign for the
wine shop would cause an undue hardship for their business and the ability of
customers to locate the wine shop entrance. A number of other businesses in this area
including the Burger King have asked for and received a similar variance for additional
wall signage. The proposed sign is re'Fatiively small in size and granting a variance
request for one additional sign will not create an inconvenience to neighboring
properties and uses.
The overall proposed signage is 675 square feet. The wall signage with the proposed
sign is 351 square feet and the freestanding sign is an. additional 84 square feet. The
four monument signs, which all feature the wording Kowalski's Market, is 240 square
feet. The City created the Destination Retail Highway Sign District in that it recognized
the issues with visibility in this area. For these reasons, City staff recommends that the
additional wall sign and a signage allowance of 675 square feet be approved.
CONCLUSION / RECOMMENDATION
Upon review of the request for the sign variance to allow one additional wall sign and to
exceed the allowable sign area, City Staff would recommend the project with the
conditions as follows:
1. The Planning Commission should discuss the sign variance and
determine whether the request for the one additional sign and the increase
in allowable signage area is justifiable.
2. The sign specifications and methods of illumination shall be subject to
review and approval of the City Planner at the time of permitting.
3. The total allowable signage for Kowalski's Market, The Wine Shop and
Starbucks shall not exceed 675 square feet.
•
pc: Eric Johnson, Julie Hultman
4
EXHIBIT - 1
Ko � y b
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Eagan Market 1. .
1646 ptfticy Road
Fagan. MN 55122
(651) 128
Eden Prairie Market
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Eden Prairie, MN 55346
City f oak'�p a la :e Its (952) 917.9585
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-{IW 1 ,r Minneapolis., MN 55405
(612) 577.3448
We greatly appreciate the prior approval- of a Ciquor license for our Oak Parkvt w Market
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�Park?fetghts 7{pwal-st 's Market sZ Fine Shop. '�y L /iunkyou for consuferzng 5615 C),i, go Avenue S Minneap li MN 55417
now our application for a signage variance for the new wine shop. (612) 824.2410
I..yndale Avenue Market
adding / 5327 Lynrdale Avenue S.
As you know, we are in process of adding a small format wine shop to our Minneapolis. MN 55419
ejisting market. Minnesota law requires a separate entrance for which we (6(22) 822.2935
wilt need to have a sign for customers to bow where to enter. Oak Park Neighs Marker
5801 Neal Avenue N.
Oak kirk Height .s, MN 55082
(651) 419.161
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afs com. 4391 S. Lake
White Bear Lake, MN 55110
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3590 Century Avenue
Maht.m eJi, MN 55115
(651) 777.2491
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k.Paul, MN55105
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C O M P A N I E S __,I GI Di2 CI oz)
July 31, 2012
City of Oak Park Heights
14168 Oak Park Boulevard
Oak Park Heights, MN 55082
RE: Kowalski's, 5801 Neal Avenue North — Request for Signing for Wine Shop
Oak Park Ponds — Oak Park Heights, MN
Dear Sir or Madam:
Kowalski's Market, tenant at Oak Park Ponds Shopping Center, located at 5801 Neal Avenue
North, is in the process of adding a wine shop (1,000 SF) to their existing location at the
shopping center.
OP Stillwater, LLC is the owner of the shopping center and as Landlord is currently in the
review /approval process for the addition work (door entrance and sign rendering) for the wine
shop at Kowalski's location. However, to continue the process, Landlord is approving
Kowalski's request to file the necessary variances with the City of Oak Park Heights.
Should you have any questions, please contact Lynn Eddington, Senior Property Manager at
502.921.0016 or email .ynne @lamarco.com. .
OP STILLWATER., LLC,
a Colorado limited liability company
By: LARC Manager, Inc.,
a Delaware corpor . ion, its manager
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By: = i *, - President' —
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Oak Park Ponds • P.O. Box 694, Shepherdsville, KY 40165 • P 502.921.0016• F 502.921.0020 • www.lamarco.com
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2012-74-00
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06-12 -2012
Robert Gorski
Associates, Inc
planners • designers • artists
EXHIBIT 1 2
IAC NORTHWEST ASSOCIATED CONSULTANTS, INC.
f - 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.2311 .2555 Facsimile: 763.231 .2561 planners @nacplanning.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: October 28, 2004
RE: Oak Park Heights — Kowalski's Market — Site Plan, Design
Standards Review, and Signage Variance
FILE NO: 798.02 — 04.13
BACKGROUND
Kowalski's Market has made application for a site plan review, Design Standards
review, and signage variance for the former Rainbow Foods store located at the Oak
Park Ponds Shopping Center on 58 Street and Neal Avenue. North. Kowalski's will
remodel approximately two - thirds of the Rainbow store space for a full service grocery
and deli. The secondary tenant has yet to be identified. The proposed changes to the
site and building are primarily in the front/west facade of the building. The parking lot in
front of the store will not be changed.
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 corner 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 to allow Starbucks, which will be located in the
Kowalski's Market, to advertise on the west and north facades of the building in
combination with the proposed Kowalski's signage. The applicants have proposed
updating the existing pylon signage in conformance with the Zoning Ordinance signage
allowances.
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
Ake
ISSUES 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
development, and a sign variance was granted to allow the construction of a fuel service
center in the parking lot in front of the Rainbow Foods store. Following the closure of
the Rainbow Foods store, the fuel service station and tanks were removed and the
parking lot was restored. The conditional use permit has expired for the fuel station and
signage allowances.
Comprehensive Plan. The Proposed Land Use Map guides the subject property for
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. Retail 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 the building indicate the addition of decorative light
fixtures. Exhibit 4 indicates the proposed fixture style. The Planning Commission and
City Council should comment on the fixture in that it does not comply with the full cut off
requirements of the Zoning Ordinance. The City Council could allow the fixture under
2
the provisions for architectural light fixtures (Section 401.15.B.7) in that their purpose is
decorative and not to provide significant site lighting.
Signage. The Kowalski's store 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 500 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 signage 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 compliance with the
Destination Retail Highway Sign District allowances. The pylon sign will be developed
with a landscaped planter base. The sign would be in compliance with all of the Sign
Ordinance 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 which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the
same district.
b. Literal interpretation of the provisions of this Ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms
of this Ordinance or deny the applicant the ability to put the property in question to a
reasonable use.
c. The special conditions and circumstances causing the undue hardship do not result
from the actions of the applicant.
d. Granting the variance requested will not confer on the applicant any special privilege
that is denied by this Ordinance to other lands, structures or buildings in the same
district under the same conditions.
e. The request is not a result of non - conforming lands, structures or buildings in the
same district.
f. The request is not a use variance.
g. The variance requested is the minimum variance necessary to accomplish the
intended purpose of the applicant.
h. The request does not create an inconvenience to neighboring properties and uses.
The applicant is proposing to increase the number of signs for Kowalski's /Starbucks to
four instead of the allowable two. The total requested size of signage is significantly
less than what is allowed by ordinance. The City has, in the past, granted a variance to
Rainbow to allow additional size and number of signs to address the lack of visibility of
the shopping center. The overpass of Highway 36 and 5 provides a significant visible
3
barrier for businesses in this shopping center, thus justifying a variance for number of
signs.
Design Standards Review. The Design Standards require that office and commercial
buildings contain at least three Grade I materials and be at least 65 percent Grade I or
Grade II materials. Glass must make up at least 20 percent of the building facade. The
proposed facade for both tenants will have Grade I materials consisting of brick, glass
and copper, totaling 60.7 percent of the total facade. Glass will total 36 percent of the
total facade. Staff finds the redesign in keeping with the overall standards and a
positive upgrade to the previous facade. The City Council can approve any variation
from the prescribed Design Standards requirements.
Loading /Trash Enclosures. The existing loading dock for product delivery and
trash /recycling removal will remain as is for the Kowalski's Market. For the secondary
tenant space, trash enclosures have been provided at the rear of the structure but they
are rarely used. The City will require the tenants of the retail center to utilize the trash
enclosures for the dumpsters. The City staff will work with United Properties to assure
that this is complied with.
CONCLUSION /RECOMMENDATION
Based upon the preceding review, City staff recommends that the following requests be
approved for the former Rainbow Foods store located at the Oak Park Ponds Shopping
Center on 58 Street and Neal Avenue North:
• Site Plan Review
• Design Standards Compliance
• Signage Variance for Number of Signs
With the following conditions:
1. The curb lines of the parking lot be restored to the original layout; 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 Tight fixture on the building facade.
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 times within
the shopping center development.
4
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EXHIBIT 1 3
RESOLUTION NO. 04 -1 1 - 52
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY KOWALSKI'S MARKET FOR SITE PLAN REVIEW,
DESIGN STANDARDS REVIEW, AND SIGN VARIANCE
FOR A GROCERY STORE AND RETAIL TENANT AT THE
OAK PARK PONDS SHOPPING CENTER
ON 58 STREET AND NEAL AVENUE NORTH
BE APPROVED WITH CONDITIONS
•
WHEREAS, the City of Oak Park Heights has received a request from
Kowalski's Market for site plan review, Design Standards review, and signage variance for a
grocery store and retail tenant at the Oak Park Ponds Shopping Center on 58 Street and Neal
Avenue North; and after having conducted a public hearing relative thereto, the Planning
Commission of Oak Park Heights recommended that the application be approved with
conditions. The City Council makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. - The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The subject property is zoned PUD, Planned Unit Development in which
the retail sales operations planned for this property are a permitted use;
4. The site plan review is required to consider changes to the front sidewalk
and curb line of the shopping center. Design Standards review is required for the facade changes
to the building; and
5. A signage variance is required to allow Starbucks, which is located in
Kowalski's Market, to advertise on the west and north facades of the building in combination
with the proposed Kowalski's signage. The request is to allow two additional wall signs on two
separate facades of the building; and
6. City staff prepared a planning report dated October 28, 2004, reviewing
the request for site plan review, Design Standard review, and the signage variance; and
7. The October 28, 2004 planning report recommended approval of the site
• plan review, Design Standards review, and signage variance subject to the fulfillment of
conditions; and
8. The Planning Commission held a public hearing at their November 4,
2004 meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved subject to the fulfillment of conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by Kowalski's Market for site plan review, Design Standards
review, and signage variance for a grocery store and retail tenant at the Oak Park Ponds
Shopping Center on 58 Street and Neal Avenue North, and affecting the real property as
follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with
the following findings of fact for the sign variance:
1. The applicant proposes to increase the number of signs for Kowalski' s /Starbucks signage
to four signs from the allowable two signs. Two signs will be on the west facade and two
signs will be placed on the north facade.
2. The total requested square footage of signage is significantly less than what is allowed by
the Zoning Ordinance.
3. The overpass of Highway 36 and Highway 5 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 entities within the same retail space not
resulting in a multi -tenant condition for calculating allowable signage.
The motion for approval was approved by the City Council of the City of Oak Park Heights with
the following conditions:
2
1. The curb lines of the parking lot be restored to the original layout, 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 facade.
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 times within the
shopping center development.
6. The projection flood lighting attached to the parking lot light poles shall be removed and
not utilized within the shopping center.
Approved by the City Council of the City of Oak .. • eights this 9th day of November
2004.
i
4
Ji,...,,,
.7. ' Beaudet, Mayor
A ' SZ
Eric A. ohnson, City Administrator
•
•
3
Attachment A
Washington County GEO Code: 06.029.20.11.0011
Legal Description: Lot 2, Block 1, Oak Park Ponds Addition
Physical Address: 5801 Neal Ave. N.
C
ATTACHMENT B
a"
Site Plan Review, Design Standards Review and Sign Variance
Grocery Store and Retail Tenant
Kowalski's Market — 5801 Neal Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
Pre - conference With City Staff : September 22, 2004
Conference With City Staff Upon Application Submittal: October 20, 2004
Planning Commission Public Hearing & Recommendation: November 4, 2004
Required Approvals: VARIANCE
City Council 4/5
Variance - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the variance shall become null and void twelve (12) months after
the date of approval, unless the property owner or applicant has substantially started
the construction of any building, structure, addition or alteration, or use requested as
part of the variance. An application to extend the approval of a variance shall be
submitted to the Zoning Administrator not Tess than thirty (30) days before the expiration
of said approval. (401.04.C.4.1 and 2)
EXHIBIT 1
VAC,,‘. NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231 .2555 Facsimile: 783.231.2551 planners @nacplanning.com
extosuRE
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: October 6, 2005
RE: Oak Park Heights — Oak Park Ponds and Kowalski's Market —
Signage Variance
FILE NO: 798.02 - 05.11
BACKGROUND
Beth Holmgren, representing United Properties and the property owner Prudential Life
Insurance of America, has made application for sign variances to allow an increase in
overall sign area for the shopping center's pylon sign and to allow Kowalski's Market to
exceed the allowable sign area on the pylon sign.
The current pylon sign for the development is 200 square feet in size. In January of
2002, the City Council approved a variance to allow the signage of the pylon to increase
to 310 square feet. That approval has since expired in that the applicants did not
improve the sign as planned. The current request is for the same sign area variance.
Kowalski's Market is requesting an additional allowance of signage from the allowable
500 square feet in the Zoning Ordinance. The variance will allow for the preferred
amount of signage on the proposed pylon sign.
Attached for reference:
Exhibit A: Oak Park Ponds Site Plan
Exhibit B: Proposed Pylon Sign
Exhibit C: Proposed Monument Signage
Exhibit D: Existing Kowalski's Signage
ISSUES ANALYSIS
Existing Signage. Exhibit D indicates the existing Kowalski's signage that has been
constructed to date. The signage totals 407 square feet and 500 square feet are
allowable for this business. Eq Life received a variance at the August 23, 2005 City
Council meeting to allow five wall signs over the allowable three. The Zoning Ordinance
permits additional signage on the pylon or monument sign as long as the total square
footage does not exceed 500 square feet. The total Eq Life wall signage proposed at
this time totals 162 square feet.
The existing Oak Park Ponds pylon sign is 136 square feet and 30 feet in height.
Proposed Signage.
Monument Signage. Kowalski's proposes adding 27 square feet of additional signage
to one monument sign on Neal Avenue. Eq Life proposes to add signage to two
monument signs on Neal Avenue and 58 Street. Both signs would be 27 square feet.
The proposed monument signage is within the limits allowed for each business.
Pylon Signage. The existing basic sign structure will remain but the proposed sign is
34 feet in height and a total of 310 square feet, thus requiring a variance. This is a
similar request to what was approved by the City Council in 2002. The Zoning
Ordinance allows an area identification sign in the Destination Retail Highway Sign
District of 200 square feet and 40 feet in height. The sign is already developed with a
planter box at the base of the sign in accordance with sign requirements.
Kowalski's is requesting 79 square feet of signage on the pylon sign. With the existing
signage and proposed monument and pylon signage, the total area of Kowalski's
signage is 513 square feet. A variance would be required to exceed the allowable
signage of 500 square feet.
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 which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the
same district.
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.
2
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.
Staff recommends allowing the pylon sign to be increased to a total of 310 square feet
and to allow 520 square feet of total signage for Kowalski's. The City has, in the past,
granted variances to Rainbow, Kowalski's, and Eq Life to allow additional size and
number of signs to address the lack of visibility of the shopping center. The overpass of
Highways 36 and 5 provides a significant visible barrier for businesses in this shopping
center, thus justifying the increase in sign area.
CONCLUSION /RECOMMENDATION
Based upon the preceding review, City staff recommends the variance request be
approved for the Oak Park Ponds Shopping Center and Kowalski's Market based upon
the finding that the shopping center visibility is compromised by the overpass of
Highways 36 and 5, with the following conditions:
1. The area identification pylon sign shall be allowed to be increased in size to a
maximum of 310 square feet and contain individual tenant identification.
2. The pylon sign shall not exceed a total height of 35 feet.
3. Kowalski's Market shall be permitted to have up to a total of 520 square feet of
wall and freestanding signage.
4. All sign panels shall be lit in accordance with the Zoning Ordinance sign
provisions including the requirement that signs with internal lighting shall include
illumination of only the text and /or logo portion of the message.
3
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CO /1 N. / LOCATION l s
a
• • • OAK PARK PONDS MONUMENT SIGN DATE:9 -13 -05
1 . . ► SHOPPING CENTER SITE LOCATION
ARCHITECTS OAK PARK HEIGHTS, MN A-
Soito 200 331 Swami Avs. No.
35401 �,.,..�u. IAN
Jos w 2448
14'4"
T.O. SIGNAGE
134' Y '� �/"�' i
K0wASEuVS N 8 OF SICAIAAE)
oMARKIE`ICo
\ \
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GAME CRAZY
VIDE TRADE
P ADJUSTABLE
V • MULTI TENANT SIGNAGE PANEL
(231 SF. OF SIGNAGE)
health wellness technology
m \
ADDmONALTENANTS ADDITIONAL TENANTS
•
ADDmONALTENANTS ADDmONALTENANTS
BA. SICV3 ' \ \ j
•
111' -3 Y — T f 1
EXI5TI14 STRUCTURE
TO REMAIN - PAINT BLACK
\ 1 I 1 1 1 1 1 1 1 1 1 1 1 1 EXISTING BASE
i 1 1 1 ( 1 1 1 1 1 ' 1 1 1 1 1
1 1 1 1 1 1 1 1 1 1 1 1 1 1 LANDSCAPlt
' ' ' ' TO REMAIN
law
l00' -0' -
OPTION *2
(ALL &IGNAGE PANELS TO BE NEW)
(EXISTING &TRUOTURE TO REMAIN UNOI-IANGED)
(RAISE TOP SIGNAGE BOX ABOVE STRUCTURE)
TOTAL S1GNAGE SF. 310 5F.
FIELD VERIFY
EXHIBIT B
2' -8" 12' -0" 2' -8"
/ / y
-
d 21 SF_ SIGNAGE AREA
X (INCLUDED IN E.Q. LIFE'S
x KOWALSKI'S: 500 S.F. TOTAL)
U e• OA!gARIIC>ETo
Q ` 21 SF. SIGNAGE AREA
(ABOVE KOWALSKI'S
0 cc, �� 500 SF. TOTAL)
I I I I I I I I I 1 I 1
I 1 I I I I I I I I I
0
1 1 1 I 1 I 1 1 I 1 1 I
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7:17 1 1 I 1 1 1 I 1 I 1 I I 1 1 I 1 I 1 I 1 1 1 I I I 1 j 1 f 1 1 1 1 1 I E BASE
1 1 1 I 1 1 1 1 1 1 1 1, 1 1 1, 1 1
REVISED MONUMENT SIGNAGE
2' -8" 12 '_ 0 ' 2 -8"
0
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51 SF. SIGNAGE AREA
o u.I e In 1 1
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03 1 I 1 I I 1 1 1 I 1 I 1 I I 1 I 1
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I 1 I I I I I I 1 I I I I I I I I
I I 1 I I_
0 EXISTING MONUMENT SIGNAGE
a II OAK PARK PONDS MONUMENT SIGNAGE DATE:9 -13 -05
• ∎ I. I. SHOPPING CENTER ELEVATIONS
ARCHITECTS OAK PARK HEIGHTS, MN A -2
9.
&Aft200 STtmodMallo. 1/4" =1' -0"
WW1 1innrpaii• MN
JOB # 2448
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15.15 SF. FROM 1 CCALCULATIOON L SIJIV i
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\ , L.,
112 SF. FROJ
O ` 18 5F. ORIGINAL GRAFFITI
r I \ ` O SIGN AND DESIGN
15' -4° CALCULATION
O
WEST ELEVATION SIGIAGE (REVISED SF. CALCULATIONS) 86.95 S.F. TOTAL THIS ELEVATION
A2
28
H-140 SF. _
\ —
1995 SF. FROM
REVISED SIGN I 1 ST'J[ STARUKS 486
CALCULATION MEDALLION
.n
I 12b SF. FROM
\ ORIGINAL GRAFFITI
\ , M r K E T 0 C A L AND ON � // J� \ \ � CALCULATION
r \ 595 SF. J
28.0•
O NORTH ELEVATION SIGNAGE (REVISED SF. CALCULATIONS) 2121 5F. TOTAL THIS ELEVATION
A2
2c8" 12'_0. 2' -8a
SIGN CALCULATION TOTALS (CALCULATION METHOD *2)
ii- ; ' UEST ELEVATION SIGNAGE: 8655 SF.
_ ' NORTH ELEVATION SIGNAGE= 212.1 SF.
I� 54 SF. SIGKAGE AA
a O 5 F 9 IN GRAITI MONUMENT SIGNAGE: 108 SF. AND DESIGN
0 CALCULATION TOTAL EXISTING SAGE: 40105 SF.
INI TOTAL ALLOU�D SNAE: 500 5F.
X � L ...■■ MI Q+ .................................................-
03 11•11•111111•11=111111=111111111MIMININ1101•11•11111111=1■11MMIIIMINIIIIIMMINIIIIIIIIIIMI
INE
0 MONUMENT SIGNA(111J0
E (0 PER SITE) 108 SF. TOTAL FOR ( 2) MONUMENTS
W
EXHIBIT 15
RESOLUTION NO. 05-10-42
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY UNITED PROPERTIES FOR SIGN VARIANCES
TO ALLOW AN INCREASE IN OVERALL PYLON SIGN AREA
FOR THE OAK PARK PONDS SHOPPING CENTER AND
AN INCREASE IN THE ALLOWABLE SIGN AREA FOR
KOWALSKI'S MARKET AT 5801 NEAL AVENUE NORTH
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from United
Properties for sign variances to allow an increase in overall pylon sign area for the Oak Park
Ponds Shopping Center and an increase in the allowable sign area for Kowalski's Market at 5801
Neal Avenue North; and after having conducted a public hearing relative thereto, the Planning
Commission of Oak Park Heights recommended that the request be approved with conditions.
The City Council makes the following findings of fact and resolution:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The subject property is zoned PUD, Planned Unit Development in which
the retail sales operations are a permitted use for the property; and
4. The sign variances have been requested to allow the Oak Park Ponds
pylon sign to be increased to a total of 310 square feet and to allow a total of 520 square feet of
total signage for Kowalski's. Under Section 401.15.G, Signs of the Zoning Ordinance, the pylon
sign would be limited to 200 square feet and Kowalski's a total of 500 square feet of allowable
signage;
5. City staff prepared a preliminary report dated October 6, 2005 reviewing
the request for the sign variances; and
6. The October 6, 2005 planning report recommended approval of the sign
variances subject to the fulfillment of conditions; and
7. The Planning Commission held a public hearing at their October 13, 2005
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the request be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by United Properties for sign variances to allow an increase in
overall pylon sign area for the Oak Park Ponds Shopping Center and an increase in the allowable
sign area for Kowalski's Market at 5801 Neal Avenue North and affecting the real property as
follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights with
the following findings of fact:
1. The application requests an increase in allowable signage from 200 square feet to 310
square feet for the Oak Park Ponds Shopping Center pylon sign.
2. The application requests an increase in allowable signage from 500 to 520 square feet for
Kowalski's Market.
3. The overpass of Highway 36 and Highway 5 provides a significant visibility barrier for
businesses in Oak Park Ponds Shopping Center, resulting in a hardship for advertising in
this location.
The application is approved by the City Council of the City of Oak Park Heights with the
following conditions:
1. The Oak Park Ponds area identification pylon sign shall be allowed to be increased in
size to a maximum of 310 square feet and contain individual tenant identification.
2. The pylon sign shall not exceed a total height of 35 feet.
3. Kowalski's Market shall be permitted to have up to a total of 520 square feet of wall and
freestanding signage.
2
4. All sign panels shall be lit in accordance with the Zoning Ordinance sign provisions
including the requirement that signs with internal lighting shall include illumination of
only the text and/or logo portion of the message.
Approved by the City Council of the City of Oak Park Heights this 25 day of October
2005.
(AI
re
David Beaudet, Mayor
AT :
is A. J T son, City Administrator
3
Attachment A
Washington County GEO Code: 06- 029 -20 -11 -0011
Legal Description: Lots 2,4, 5 & 6, Block 1, Oak Park Ponds Addition
Physical Address: 5801 Neal Ave. N.
ATTACHMENT B
Sign Variance
Oak Park Ponds & Kowalski's Market — 5801 Neal Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
Conference With City Staff Upon Application Submittal: September 28, 2005
Planning Commission Public Hearing & Recommendation: October 13, 2005
Required Approvals: VARIANCE
City Council 4/5
Variance - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially
taken on the request, the variance shall become null and void twelve (12) months after
the date of approval, unless the property owner or applicant has substantially started
the construction of any building, structure, addition or alteration, or use requested as
part of the variance. An application to extend the approval of a variance shall be
submitted to the Zoning Administrator not less than thirty (30) days before the expiration
of said approval. (401.04.C.4.1 and 2)