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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 r , T IS ' Ju 27, 201 www.kewakkia, i Eagan Market 1. . 1646 ptfticy Road Fagan. MN 55122 (651) 128 Eden Prairie Market ' t.". -, 16500 W. 78th Street Eden Prairie, MN 55346 City f oak'�p a la :e Its (952) 917.9585 $, Grand Avenue Marker 1261 ((ram! Avenue . . . �..e. .__ . _ . ...! ,..e„s,. ...._ _ ... __ ..,.. m.._..... St Paii MN 55I05 € Hamelin :Venue Marker Zl � , o Whom It ,, i Co 2440 Hennepin Avenue -{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 ` �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 If you have any questions, I can 6e contacted at 651- 796 -6003 or via email at Q`wa+ a i4�Skow / White 4191 ) 5. Like Marker afs com. 4391 S. Lake White Bear Lake, MN 55110 (651) 429.5913 Woodbury Marlon 8505 Valley (:keck Read Woodbury, MN 55125 (651) 578 -8800 Sincerel-y, cub 17tX41n ( x: 1059 Meadowlands 1 hive --0,,3c 1 "" White Star Township, MN 55127 (651) 4206534 De6 1(pwal-ski Ka' .. ° Central )Bakery, Kirehen & Tranmperration 3590 Century Avenue Maht.m eJi, MN 55115 (651) 777.2491 A.z011nti11g ChIiires 53 S, Syndicate Street k.Paul, MN55105 Ph. (6i)) 698.4752 ' ., he. (651) 698.0285 V KO IS I ky Offices R ��:,- 4505V C 0 i I E S Woodbury, 2.,419 55125 Ph. (651) 5788800 1x. (651) 5781402 ^. ` NI . '' ° •-, ::: ° T - F.':itifititetferp,_41',0', . ':..,11-.', ' ' 74. , 4 , ."*4'.‘1 . ! 1 ...,'. ''''' .glk... '... 4t,r-0.,„pc,51`41.15k.ii*ft.,,,?' 44,f iNe * -14,1.- - =.4', L'1 ' 4.:: • ' , '• ', , , - . , ' - ' ".. ;;.. • : . - : . •.:',.......;,:,,,,„,4,',:;,,z1;!TF:f..,.:1::::t.,- :,-,,ii..i:• . 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I I' ll , Q - , :--j' .1 1 ,.. - 1 14: , 111 I bh,thio -1111111 ,,,, , • • ,,•,,,, 'i.... • .. • 001' j --- .... or , , 1 , ....:.:,..,.,'. .,, , ... - ,.... ,4 ...... •=i I ....4 EXHIBIT — 8 - not-y) pcdp- wa-c-La Z x 92.5 l, . _ K. .. c , A 0 L,... is 3 R K E T • EXHIBIT - 9 ,,C\A! ) W 5e ,,,,,,,, (../ 6 e c-S-11 ) - 1 8 ) 1 4 s • _ j z` i S `..,.,Q-) y v. q A • r y M A ; E T S W , 2 -, • A. "l r i i �! i 1 r' .. . M1„, X K Y Y i 6 _ EXHIBIT 1 0 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 0 1 i ii..., ' By: = i *, - President' — l Oak Park Ponds • P.O. Box 694, Shepherdsville, KY 40165 • P 502.921.0016• F 502.921.0020 • www.lamarco.com t I JI8IH2 O h. 411 lip KH 411 h -= EIM �Gall�i>■� i a "■ IIARM j DESK ' J � 0 e 0 7 v P 10' -0" I§ EN r P•n r� mili till Fria r, �r0 te ' nNEm E ■ -■ • I I i .. �� GASH TRAP) smielem IWKKS _ - ■ 81' VtM-L YI E S•Ef.VINS(f• , `/llllllll■ 1 . 1 MIME 11 SACK DAR -- 4) 16' MD. GHEE5E(ER) Is 6 SOUP SA KOWALSKI'S MARKET OAK PARK HEIGHTS, MN WINE/PRODUCE 2012-74-00 1/8 " =1' -0" 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. 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(-I A C WU " DL click to siE pfitC r SHOP ONLINE 9023TG .,; Outdoor , Tuscan Gold /R: ; 2 Outdoor WaH 11.t Incandescertt Enter Item No. The simple aluminum conical shade stainless steel bail wires in Tuscan /Alt; 11111i, • . \ w ' 11111111 (. tChl!..NC, K1CHLER Height: 14.5" Width: 10,5" Number of Eiult)s: 1 liorly Material: Maximum Wattage: 150W Shippable via liP5 Bulb Base: Medium UL and/or CSA listed use: Suitable fr' Voltage: 120V Style: Casual Bull: bulb not included View other products in the Seaside family, 4‹ Back Back To Top Photographs and drawings herein on each individual page are the property of Kichier and n reproduced without Kichler's written consent Powered by 14, EIIILAPILIMOtf1X (c2) 2004 All Rights Reserved. Use of this Web site constitutes acceptance of the T his website is optirilizeci for the following browsers t-1;;I) / and higher and . darnt Xfile)tft EXHIBIT 4 • http://stiettil-ustoti,bratidinatrix.cortilservietipcittpagelonileriprodueldetatislt 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 1 t r- - -- - - - '� � - - j- -1 - - �- �- - - t 1 ' - - - - --r-� �- - - - - - --- -� - - \ \ t 1 t ' 1 1 �� \ / l[ 9,(WIa'P (� G� , \ \\ \\ \ j wn xxai< 1"� \. ( \\ \\ ____ = '''. L._JI) t L „-- Q ■‹-Z '\ \ t . / / ../ 1 , ■ -:,. „ , \ 1. ,„, ,, ( • \ �F \ ./i , ,.� ` � I � � �\ ( / W/ " 1 ii _� / ` i / PROPOSED _ ��� \� . / / MONUMENT SIGN 'N I i j i i I I I 1 I i i ) N \ \ \! MODIFICATION 1 ; I I I 1 I` J 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 \ \ o , LLYW0�D 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 E I I I I I I I 1 I 1 I I I I I I I I I I I I I c l - , J I 1 I I I I I I I I I I I I I I I L I I 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 �- I __ ! fJ A / D ,A lot 51 SF. SIGNAGE AREA o u.I e In 1 1 i Q v ! J �� I� ` i •J - " EXISTING SIGN PANEL 1- O I-- m =01 a- C I I I I I I 1 1 1 I I t W I I I 1 1 1 I III1111 I IJ _ - I I I I I. I I I 1 I 1 EXISTING BRICK BASE cn 0 I 1 I 1 I I 1 I I I I I NMI 6 ; :r I I I 1 I I I 1 I I I I I I I I I I I I I I I 1 I I r I 1 L 03 1 I 1 I I 1 1 1 I 1 I 1 I I 1 I 1 J 1 I 1 1 1 1 1 1 I I I I I I I I 1 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 • y 18' -0" X 1 51.15 SF. I \ IV-54" " { 15.15 SF. FROM 1 CCALCULATIOON L SIJIV i I Q} STARBUCKS COFFEE \ , 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)