HomeMy WebLinkAbout04-27-04 City Council Meeting Packet EnclosureMeeting Date; April _2 2004
Agenda Item Title: Phase I I Sho
Plan Deylo_pmp
Time Required: 10 minutes
Agenda Placement: New _Business
Requester's Signature
Action Requested: Co_ and A pro
Oak Park Heights
bequest for Council Action
es of Oak Park Flei_hts LLC Conee t General
SIP
Originating e artm nt Re tor: Johnson C Administrator
Background /Justification (Please ate any previous action, financial
implications including budget information ation and recommendations).
See attached Planner's Report from Scott Richards and Council Resolution.
Please bring your Planning packet material on
this item to the Council Meeting
and
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION OF CITY OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY THE SHOPPES OF OAK PARK HEIGHTS LLC
FOR A CONCEPT AND GENERAL PLAN OF DEVELOPMENT
TO ALLOW THE SECOND PHASE OF THE SHOPPES OF
OAK PARK HEIGHTS AT 60 STREET AND
NORELL AVENUE NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from The
Shoppes of Oak Park Heights, LLC for concept and general plan of development, a conditional
use pewit f' r an automotive tire store, subdivision approval for the Shoppes of Oak Park
Heights 2n Addition and a variance for additional signage to allow the second phase of the
Shoppes of Oak Park Heights at Go Street and Norell Avenue North; and after having conducted
a public hearing relative thereto, the Planning Commission of Oaf Park Heights makes the
following findings of fact:
1. The real property affected application said applica io is legally described as
follows, to wit:
SEE ATTACHMENT
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of e following items:
SEE ATTACHMENT
3. The subject site is zoned B-2, General Business District in which
commercial business is a permitted use. A PUD is required to accommodate the phased
development and to allow shared access and parking; and
4. City staff prepared a planning report dated April 1, 2004 reviewing the
request for the application; and
5. Said report recommended approval of the PUD and conditional use permit
subject to the fulfillment of conditions; and
6. The Planning Commission held a public hearing at their April 8, 2004
meeting, took comments from the applicants and public, closed the public hearing, and made the
following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
G
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by The Shoppes of Oak Park Heights, LLC for concept and
general plan of development, a conditional use permit for an automotive tire store, subdivision
approval for the Shoppes of Oak Park Heights 2 Addition and a variance for additional signage
to allow the second phase of the Shoppes of Oak Park Heights at 60 Street and No el l Avenue
North and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for
approval is the following:
A. Planned Unit Development concept and general plan of approval, Shoppes of Oak Park
Heights, Phase 2.
B. Conditional use permit for an automotive tire store in the B-2, General Business District.
C. Subdivision approval for a plat referred to as The Shoppes of Oak Park Heights 2n
Addition.
D. Variance to allow additional signage than which is allowed under Section 401.15.G,
signs, of the Zoning Ordinance.
Subject to the following conditions:
1, The final plat and all required easements shall be subject to review and approval of the
City Engineer, City Attorney and MnDOT.
2. The site plan shall be revised, subject to review and approval of the City Engineer, to
incorporate two exiting lanes from the main access at 60 Street.
3. The grading, drainage and erosion control plans are subject to review and approval by the
City Engineer and Browns Creek Watershed District.
4. The utility plans are subject to review and approval of the City Engineer.
2
5 Removal and restoration of asphalt and other improvements at the lift station shall be at
the applicant's expense and subject to review and approval of the City Engineer and
Public Works Director.
6. The Planning Commission recommends the proposed building architecture, materials
selection and colors for conformance to the City's Design Guidelines.
7. The solid overhead service doors on the east facade of the Discount Tire building should
be replaced with partial glass doors, subject to review and approval of City staff.
8. The landscape plan shall be subject to review and approval of the City Arborist.
9. The applicant shall submit a trash enclosure plan for the Ruby Tuesday's building subject
to review and approval of City staff.
10. All lighting fixtures shall comply with Section 401.15.B.7 of the Zoning Ordinance
related to type of fixture and allowable foot candles.
1.1. The City Council should comment on the use of decorative architectural lighting for the
Ruby Tuesday building.
12. The Planning Commission recommends that a variance be granted for signage to allow
only the following wall signs at Discount Tire and Ruby Tuesday's:
Discount Tire:
One 98 square foot lighted sign on the north elevation
One 98 square foot lighted sign on the east elevation
One 98 square foot unlighted sign on the west elevation
Ruby Tuesday's:
One 20 square foot lighted sign on the north elevation
One 78 square foot lighted Ruby Tuesday's sign and one 10 square foot awning sign
on the west facade
One 20 square foot lighted sign on the east elevation
1. All automobile repair activities shall be limited to within the principal structure and the
doors to the service bays shall be kept closed except when vehicles are being moved in or
out of service areas.
14. There shall be no exterior storage of automobile parts, parked cars, or related items on the
site. Ali storage shall be internal to the building. Any cars to be stored outside of the
building shall be in full working order.
15. All noise created fTom operations on the site shall be in conformance with Section
401.15. .11 of the Zoning Ordinance.
3
1 The applicant shall receive and retain, if required, a Hazardous Generators License from
Washington County for the Discount Tire operation.
17. No LED strip lighting shall be permitted at the roof cap.
Recommen de d by the Planning Commission of the City of ak Park Heights this 8th day
of April 2004.
ATTEST:
Eric A. Johnson, City Administrator
John Dwyer, Chair
4
follows, to wit:
and
RESOLUTION NO.
CITY COUNCIL
CITY PARK K HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY THE SHOPPES OF OAK PARK HEIGHTS LLC
FOR A CONCEPT AND GENERAL PLAN OF DEVELOPMENT
TO ALLOW THE SECOND PHASE OF THE SHOPPES OF
OAK PARK HEIGHTS AT 60 STREET AND
NORELL AVENUE NORTH
BE APPROVED WITH CONDITIONS
WHEREAS, S, the City of Oak Park Heights has received a request from The
Shoppes of Oak Park Heights, LLC for concept and general plan of development, a conditional
use permit for an automotive tire store, subdivision approval for the Shoppes of Oak Park
Heights 2nd Addition and a variance for additional signage to allow the second phase of the
Shoppes of Oak Park Heights at 60 Street and Norell Avenue North; and after having conducted
a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended
that the applications 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
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
3. The subject site is zoned 13-2, General Business District in which
commercial business is a permitted use. A PUD is required to accommodate the phased
development and to allow shared access and parking; and
4. City staff prepared a planning report dated April 1, 2004 reviewing the
request for the application; and
5. Said report recommended approval of the PUD and conditional use permit
subject to the fulfillment of conditions; and
6. The Planning Commission held a public hearing at their April 8, 2004
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the applications 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 The Shoppes of Oak Park Heights, LLC for concept and
general plan of development, a conditional use permit for an automotive tire store, subdivision
approval for the Shoppes of Oak Park Heights 2n Addition and a variance for additional signage
to allow the second phase of the Shoppes of Oak Park Heights at 60th Street and Norell Avenue
North and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved the City Council of the City of Oak Park Heights is the
following:
A. Planned Unit Development concept and general plan of approval, Shoppes o Oak Park
Heights, Phase 2.
B. Conditional use permit for an automotive tire store in the B-2, General Business District.
C. Subdivision approval for a plat referred to as The Shoppes of Oak Park Heights 2nd
Addition.
D. Variance to allow additional signage than which is allowed under Section 401 1 .G,
signs, of the Zoning Ordinance.
Subject to the following conditions:
1. The final plat and all required easements shall be subject to review and approval of the
City Engineer, City Attorney and Mho.
2. The site plan shall be revised, subject to review and approval of the City Engineer, to
incorporate two exiting lanes from the main access at 60 Street.
3. The grading, drainage and erosion control plans are subject to review and approval by the
City Engineer and Browns Creek Watershed District.
4. The utility plans are subject to review and approval of the City Engineer.
2
5 Removal and restoration of asphalt and other improvements at the lift station shall be at
the applicant's expense and subject to review and approval of the City Engineer and
Public Works Director.
6. The Planning Commission recommends the proposed building architecture, materials
selection and colors for conformance to the City's Design Guidelines.
7. The solid overhead service doors on the east facade of the Discount Tire building should
be replaced with partial glass doors, subject to review and approval of City staff.
8. The landscape plan shall be subject to review and approval of the City Arborist.
9. The applicant shall submit a trash enclosure plan for the Ruby Tuesday's building subject
to review and approval of City staff.
10. All lighting fixtures shall comply with Section 401.15.13.7 of the Zoning Ordinance
related to type of fixture and allowable foot candles.
11. The City Council should comment on the use of decorative architectural lighting for the
Ruby Tuesday building.
12. The Planning Commission recommends that a variance be granted for signage to allow
only the following wall signs at Discount Tire and Ruby Tuesday's:
Discount Tire:
One 98 square foot lighted sign on the north elevation
One 98 square foot lighted sign on the east elevation
One 98 square foot unlighted sign on the west elevation
13,4by juesi, 's:
One 20 square foot lighted sign on the north elevation
One 78 square foot lighted Ruby Tuesday's sign and one 10 square foot awning sign
on the west facade
One 20 square foot lighted sign on the east elevation
13. All automobile repair activities shall be limited to within the principal structure and the
doors to the service bays shall be kept closed except when vehicles are being moved in or
out of service areas,
14. There shall be no exterior storage of automobile parts, parked cars, or related items on the
site All storage shall be internal to the building. Any cars to be stored outside of the
building shall be in full working order.
15. All noise created from operations on the site shall be in conformance with Section
401.15.B.11 of the Zoning Ordinance.
3
16. The applicant shall receive and retain, if required, a Hazardous Generators License from
Washington County for the Discount Tire operation.
17. No LED strip lighting shall be permitted at the roof cap.
2004.
ATTEST:
Approved by the City Council of the City of Oak Park Heights this 27th day of April
Eric A. Johnson, City Administrator
David Beaudet, Mayor
4
BACKGROUND
NORTHWEST ASSOCIATED CONSULTANTS, INC.
5775 Wayzata Boulevard, suite 655, St. Louis Park, MN 55416
Telephone: 952595.3636 Facsimile: 9525959837 planners@nacplanningicom
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: April 1, 200
RE: Oak Park Heights The Shoppes of Oak Park Heights: Phase 2,
Planned Unit Development Concept and General Plan
FILE NO: 798.02 -04.02
The Shoppes of Oak Park Heights, LLC has requested PUD concept and general plan
approval to allow the construction of the second phase of the Shoppes of Oak Park
Heights development on a 5.7 acre site south of 60 Street and west of Nord! Avenue
North. The subject site is directly north of the Kohl's Department Store and associated
development that is currently under construction and constitutes the first phase of the
overall development.
The project would consist of a multi use restaurant pad, a retail building with multiple
tenants, a tire store, and a single use restaurant pad. The total proposed building area
is approximately 28,700 square feet and the site will include 300 parking stalls.
In conjunction with the concept and general plan approval, the following additional
approvals have been requested:
Conditional use permit for an automotive tire store in the -2, General Business
District.
0 Subdivision approval for a plat referred to as The Shoppes of Oak Park Heights
nd A
r uUIt.iu,.ul I.
Variance to allow additional sinae than which is allowed under Section
40115.G, signs of the Zoning Ordinance,
PUD concept plan for this Phase 2 development was approved in July of 2003. That
concept consisted of three restaurant pads and a bank. The plan submitted here is
significantly different from the approved concept plan for the project. The applicant has
applied for a new concept plan approval in conjunction with the general plan review.
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit
Exhibit
Exhibit 9:
Exhibit 10:
Exhibit 11:
Exhibit 12:
Exhibit 13:
Exhibit 14:
Exhibit 15:
Exhibit 16:
Exhibit 17:
Exhibit 18:
Exhibit 19:
ISSUES ANALYSIS
Boundary and Topographic Survey
Civil Site Plan
Grading, Drainage and Erosion Control Plan
Utility Plan
Landscape Plan
Plat Sketch Preliminary Plat
Restaurant Building Elevation Plan
Retail Building Elevation Plan
Discount Tire Elevation Plan
Ruby Tuesday's Elevation Plans (two sheets)
Lighting Plan/Photometric Plan
Lighting Fixture Specifications
Overall Parking Count Plan
Pylon Sign Plan
Ruby Tuesday's Wall Sign Plan (two sheets)
Discount Tire Sign Plan
Letter from Project Engineer
Memo from Jay Johnson, Public Works Director
Memo from Kathy Widin, City Arborist
Zoning. The subject site was rezoned to B-2, General Business District as part of the
Phase 1 development. A PUD overlay is applied to the property to accommodate the
phased development and to allow the multi lot shopping center with shared access and
parking.
Subdivision. To accommodate the proposed development, platting the property into
four lots and one block is necessary. The lots are configured to allow for one of the four
buildings and associated parking on each lot. Access and parking easements will be
provided to allow for joint use of the parking and access by each business and to be
shared with the Phase 1 portion of the development.
The plat indicates a utility easement in the north /center portion of the plat. This
accommodates the existing sewer iift station. The applicant has requested that a
portion of the utility easement be provided a right -o-- access easement to allow for
completion of a section of the parking lot. In return, the Public Works Director has
requested a larger utility easement to the east of the lift station for better access. The
final plat and all required easements shall be subject to review and approval by the City
Engineer, City Attorney and MnDOT.
2
Park Dedication. Park dedication requirements for the property were previously
satisfied as part of th original Brackey Addition plat;
Project Proposal. Of the four buildings in the project, two have committed owners.
The building on the east side of the development (Building "D") will be Ruby
Tuesday's restaurant. The building will be 5,780 square feet. Building "C" will be a
7,860 square foot Discount Tire location. The building will have three service bays.
Building "B" is proposed as a 7,200 square foot retail building currently planned with six
bays. Depending upon the potential tenant mix, some of the bays could be mbind to
provide larger retail tenant space. The restaurant building (Building "A") is 7,820 square
feet and is designed with four bays.
Site Access* The primary access to the site will be from driveway accesses off of 60
Street and Krueger Lane. Many of the parking aisles will line up with the drive aisles
within Phase 1 of the development. The City Engineer has indicated the need for two
exiting lanes out of the development to 60 Street. The site plan wilt need to be revised
to reflect this change.
MnDOT permit will be required for the 60 Street North access. Once a permit is
issued, a copy should be forwarded to the City.
Traffic Generation. A traffic analysis was provided in June of 2003 for the General
Plan approval for Phase 1. The only intersection significantly affected by the
development would be at Nord Avenue and 60 Street. The traffic analysis indicates
that easterly traffic movements at that intersection would drop to level of service "F'
The analysis also provides alternatives to address that traffic issue.
Highway 36 Improvements. The latest alternative from MnDOT for potential roadway
improvements will significantly impact the Phase 2 development. The east bound off
ramp for Highway 36 will access through the site. At least two of the buildings may
need to be removed to accommodate this roadway. The other two buildings will remain
with adequate parking and access.
Off.Street Parking. According to Section 401.15.F of the Zoning Ordinance, shopping
centers must provide six parking spaces per each 1,000 square feet of gross floor area.
As part of the Concept Plan approval for Phases 1 and 2 of the development, the
Planning Commission and City Council agreed to vary that requirement and determine
an appropriate ratio for the development. At a minimum, it was agreed that the retail
standard of five spaces per 1 ,000 square foot should be maintained with the specific
restaurant standards remaining applicable.
As show in Exhibit 13 and below, a total of 1,077 parking spaces for the entire
development is required. This requirement is based upon the standard of 1 stall per
square feet for restaurants. The parking requirements will allow for the restaurant
3
Site Use
Gross Building
Area (SF)
90% Building
Area (SF)
Required
Parking Spaces
Ratio
Provided
Parking Spaces
Phase
Retail
156,260
140,634
703 1/200 s.f.
867
Phase
Retail
15,060
13,554
68 1/200 ssf.
300
Restaurant
13,600
12,240
306 1/40 s.f.
TOTAL
184,920
166,428
1,077
1,167
space to separated with a lesser standard of 1 stall per 80 square feet for the kitchen
area. The retail standard of 1 stall per 200 square feet is utilized for the retail space.
A breakdown of the required and provided parking spaces for both phases of the
development is shown below.
Phase 1 of the development ent provides 867 spaces and Phase 2 an additional 300 for a
total of 1,167. There should be more than adequate parking within the development to
support the retail and restaurant uses that are proposed.
Overall, the design of the parking lots and how they relate to the access points is
positive. The parking aisles of the second phase line up with those in the first phase.
Twelve disability accessible stalls are provided in compliance with Minnesota Council
on Disability standards.
Grading and Drainage. As required, grading, drainage and erosion control plans have
been submitted for review. The plans indicate a stormwater water pond in the northwest
corner of the site. This is consistent with the location designated for a stormwater pond
in the City's Stormwater Management Plan. The grading, drainage and erosion control
plans are subject to review and approval by the City Engineer and Browns Creek
Watershed District.
Utilities. The City Engineer and Public Works Director have indicated that the existing
utilities can adequately serve the proposed development.
The submitted utility plan should be subject to review and approval by the City
Engineer.
Trails/Sidewalks. Trails presently exist on the south side of 60 Street and south side
of 58 Street. There are no existing sidewalks along Nord Avenue or Krueger Lane.
The proposed development includes a sidewalk in the front of the retail and two
restaurant entrances. As part of the approvals for the General Plan of Phase 1, a
sidewalk will be provided from 58th Street to 60th Street on Krueger Lane. A trail will
4
also be constructed from 58 Street to 60 Street starting at Norell Avenue on the south
and extending along the east edge of the Shoppes development. ent. These trail /sidewalks
were recommended by the Parks Commission ion in the overall review of the project.
Loading Areas. There is adequate area near the service doors for each of the four
buildings to provide for delivery unloading. There should be few traffic conflicts with
delivery trucks except possibly during peak lunch and dinner hours for the restaurants.
As a rule, restaurants will not take any type of deliveries during peak hours.
Building Height. The -2 District specifies a maximum building height of 35 feet. The
building elevations indicate building heights of 26 feet and lower, depending upon the
store facade. Thus, the proposed building heights are considered acceptable.
Architectural Appearance. The proposed development is subject to the City's Design
Guidelines that apply to all new commercial development in the City. In regard to
architecture, the Guidelines state that buildings should be designed for the site and
relate to surrounding buildings. Functionally speaking, the design of the building
responds will to various site design parameters including the power line easement
access limitations and site visibility.
In regard to building design, the Guidelines state that "franchise architecture" (building
design that is trademarked or identified with a particular chain or corporation) is
prohibited. While the Ruby Tuesday and Discount Tire buildings are similar to other
prototypes that are constructed throughout the country, their architecture and colors are
not at odds with what is already found in the newer developments in Oak Park Heights.
The color schemes and materials will all be similar throughout the development, while
maintaining a reasonable amount of architectural difference to distinguish each of the
buildings.
The Guidelines also state that commercial uses must use at least three "Grade 1
materials and must be composed of at least 65 percent of "Grade 1 or Grade l 1
materials.
The Guidelines state that "Grade 1" materials include the following:
Brick
Glass (minimum 20 percent)
Natural stone
Masonry Stucco
Ceramic or terra cotta
Copper panels
According to the submitted building elevations, the four structures are to be finished in a
combination of brick, glass, EIFS (exterior insulating finishing system) and decorative
work, all grade 1 materials. The Guidelines also require that at least 20 percent of the
front building facade must be glass. All of the buildings will meet this requirement, the
5
buildings are all well articulated, and all facades that face the public right -of -way have
an adequate variety in materials and architectural features.
The Ruby Tuesday building is especially distinctive with the use of brick, stone and
glass. The Discount Tire building could be improved with the use of glass /partial glass
overhead doors on its east elevation. The solid overhead doors detract from the
otherwise attractive facades.
The Guidelines further state that the color of commercial building should blend with the
architecture of the area. The proposed building is to be finished in various earth tone
colors and is considered compatible with the area and the Phase 1 development. The
applicant should provide color building elevations and building material samples for
Planning Commission ion and City Council approval.
Landscaping. As required by ordnance, a landscape plan has been submitted for
review. The comments on the landscape plan have been provided by the City Arborist
as found in Exhibit 19. The landscape plan is subject to review and approval by the City
Arborist. The landscape plan (Exhibit 5) indicates a significant use of plantings with
good variety and interest. The pond area, site edges, buildings and parking lots are all
well addressed in the landscape plan.
Trash Enclosures. Trash enclosures have been provided adjacent to the buildings for
the three buildings other than Ruby Tuesday. The enclosures are of the same building
materials and are architecturally incorporated into the structures. The trash enclosure
for Ruby Tuesdays will be a stand along structure on the southeast corner of the
building. The applicant will be required to submit details of the enclosure for City staff
review and approval.
Lighting. As required by Ordnance, a lighting plan has been submitted for review.
According to the Ordinance, no light source or combination thereof may cast light on a
public street that exceeds one footcandle meter reading as measured from the
centerline of such street.
Light standards are proposed to be dispersed throughout the off street parking area
while wall mounted security lighting will be mounted on the buildings.
The parking lot lighting will be the standard shoe box fixture with full cut off. The total
height to the top of the fixture will be less than 25 feet. The applicant will need to
provide specific detail on all of the lighting attached to the buildings. The Ruby Tuesday
building will feature architectural lighting on its front to highlight the facades. The City
Council can approve the architectural lighting if it finds that it will not violate the lighting
provisions of the Zoning ordinance, staff does not see an issue with the decorative
lighting.
The photometric plan, found as Exhibit 11, is consistent with the Zoning Ordinance
lighting standards.
6
Building B (Retail)
Allowable Sign
Area
Sign Area
Proposed
Number of
Signs Allowed
Number of
Signs Pr•oed
East Facade
300 sq.ft.
336 sq.ft.
1 per tenant
1 per tenant
South Facade
180 sq.ft.
88 sq.ft.
1 for corner
tenant
1 proposed
West ode
None Proposed
North Facade
180 sq.ft.
88 sq.ft.
1 for corner
tenant
proposed
I Building A (Restaurants)
Allowable Sign
Area
Sign Area
Proposed
Number of
Signs Allowed
Number f
Signs Proposed
East Fa ade 1
300 set.
240 sift
1 e r tenant
1 er tenant
South Facade
180 sq.ft.
48 KO.
1 for corner
tenant
1 proposed
west est F N
300 sq.ft.
240 sq.ft.
1 per tenant
1 per tenant
North Facade
180 sq.ft.
48 sq.ft.
1 for corner
tenant
1 proposed
Signage. Wall sign age and a freestanding sign have been proposed for the
development. The freestanding sign would be located at the northwest corner of the
site near the intersection of Krueger Lane and 60 Street North.
A freestanding sign was approved as part of the Phase 1 development. That sign will
be located near the project entrance off of Nord Avenue. The second sign for Phase 2
will be identical to the first. The sign, as proposed, complies with the Zoning Ordinance
sign requirements of a 20 foot height limitation and 100 square foot maximum f sign
area. The sign base will be landscaped.
For wall signs, the Ordinance allows a total sign area of up to 15 percent of a facade,
not exceeding 300 square feet of total sign area The calculations of allowable sign
area and what is proposed for each building is follows:
The sign area and numbers proposed for this building are compliant with the Zoning
Ordinance.
The applicant will need to slightly reduce the sign area proposed for the east facade.
Otherwise the sign plan is compatible with the Zoning Ordinance.
7
East Fa ade
South Fa ade
West Fa ade
300 s..ft.
300 s ,ft.
Sign Area
Pro.osed
98 s .ft.
98 s. #ft.
Number of
Si. ns Allowed
2 allowed per
buildin
Number of
Sins Pro •o ed
1 ro.osed
1 ro osed
North Facade
Allowable Sign
Area
None Pro osed
234 sq.ft.
98 s,ft.
1 allowed
1 allowed
1 proposed
Buildin. C Discount Tire
8
The applicant has requested consideration of a variance to consider the third sign for
this building. All of the proposed sign areas are compliant with the Zoning ordinance.
Buildini D Rub Tuesda
Allowable Sign
Area
North Facade
278 s..ft,
300 se .ft.
120
Sign Area
Pro.osed
Number of
Si, ns Allowed
1 allowed
None wooed
216 s. ft. 1 allowed
20 s ,ft. 2 allowed per
building
Number of
Si ns 'ro•osed
1 •ro•osed
3 proposed
1 proposed
White all of the sign areas proposed are in compliance with the Zoning Ordinance, the
applicant is asking for six signs as opposed to the two that are allowable. A sign
variance has been applied for to consider allowing the added signag A review of the
sign variance criteria is as follows.
Sign Variance. The applicant has requested sign variances to allow one additional
sign at Discount Tire and four additional signs for Ruby Tuesday. Section 401,15.G.16
of the Zoning Ordinance lists criteria for consideration of variances. The criteria are as
follows:
1) That particular physical surrounding, shape, or topographical conditions of the
specific parcel of lard involved exist.
2) That the condition involved is unique to the particular parcel of land involved.
3) That the purpose of the variation is not based exclusively upon a desire to
increase the value of income potential of the business involved.
4) That the alleged difficulty or hardship is caused by this Ordinance and has not
been created by any persons presently having an interest in the parcel.
5) That the granting of the variation will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood.
6
The Planning ning Commi sion and City Council should consider the above listed criteria in
determining whether a variance is justified. Both buildings are in highly visible locations
along the Highway 36 corridor. The City should be careful in granting variances from
relatively new Sign Ordinance unless the conditions are very unique to the site or
business.
If the Planning Commission is considering allowing a variance for one or more signs, it
should be limited to permitting the 40 square foot awning sign on Ruby Tuesday on the
west facade advertising the "To Go" door. This is a sign that is informational aa�l and would
assist the customer. The other large wall "To Go" sign would not be justified.
The additional sign for Discount Tire would not be necessary and is difficult to justify
based upon the variance criteria.
Discount Tire Conditional Use Permit. The -2 District of the Zoning Ordinance list
auto repair minor, such as tire and battery stores, as a listed conditional use with
conditions. The conditions from the Ordinance that are applicable to this request are as
follows:
1 Sales and storage area is blacktopped or concrete surfaced and all paved areas
are surrounded by concrete curbing.
2) The architectural appearance, scale, construction materials, and functional plan
of the building and site shall not be dissimilar to the existing nearby commercial
and residential buildings, and shall not cause impairment in property values, or
constitute a blighting influence within a reasonable distance of the site.
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That the proposed variation will not impair an adequate supply of light and air to
adjacent property, or substantially increase the congestion of the public streets or
interfere with the function of the Police and Fire Departments of the City.
All lighting shall be hooded and so directed that the light course shall not be
visible from the public right -of -way or from neighboring residences and shall be in
compliance with Section 401.15.B. of this Ordinance.
All automobile repair activities shall be conducted within the principal structure
and the doors to the service bays shall be kept closed except when vehicles are
being moved in or out of the service areas.
Facilities on a site contiguous to any residential district shall not be operated
between the hours of 0 :00 PM and 6 :00 AM unless otherwise allowed by formal
action of the City Council.
Provisions are made to control and reduce noise in accordance with Section
401.14.B.11 of this Ordinance.
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7) Vehicular access points shall create a minimum of conflict with through traffic
movement, shall comply with Section 401.15,F of this Ordinance and shall be
subject to the approval of the City Engineer.
The building as designed is an attractive addition to the overall Commercial Center.
The applicant should consider the use of glass or partial glass doors for the east facade.
Conditions will be placed upon the PUD/CUP approvals related to hours of operation,
exterior storage, and keeping the service bay doors closed. The applicant will also
need a Hazardous Waste Generators License from Washington gton County.
CONCLUSION/RECOMMENDAT1ON
The proposed development is consistent with the Comprehensive ive Plan and the -2
District zoning for this property. Based upon the preceding review, our office
recommends ds approval of the following:
Planned nr ed Unit Development Concept and General Plan of Approval, Shoppes of
Oak Park Heights, Phase 2.
Conditional use permit for an automotive tire store in the B-2, General Business
District.
Subdivision approval for a plat referred to as The Shoppes of Oak Park Heights
2nd Addition,
Variance to allow additional signage than which is allowed under Section
401.15.G, signs of the Zoning Ordinance.
With the following conditions:
1. The final plat and all required easements shall be subject to review and approval
of the City Engineer, City Attorney and MnDOT.
2. The site plan shall be revised, subject to review and approval of the City
Engineer, to incorporate two exiting lanes from the main access at 60 Street.
3. MnDOT permit, for access to 60 Street, shall be forwarded to the City once
received by the applicant.
4. The grading, drainage and erosion control plans are subject to review and
approval by the City Engineer and Browns Creek Watershed District.
5. The utility plans are subject to review and approval of the City Engineer.
6. The Planning Commission should comment on the building architecture,
materials selection and colors for conformance to the City's Design Guidelines.
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7. The solid overhead service doors on the east facade of the Discount Tire building
should be replaced with the use of glass /partial glass doors, subject to review
and approval of the City staff.
8. The landscape plan shall be subject to review and approval of the City Arborist.
9. The applicant shall submit a trash enclosure plan for the Ruby Tuesday building,
subject to review and approval of City staff.
10. Ali lighting fixtures shall comply with Section 401 .15. of the Zoning Ordinance
related to type of fixture and allowable footcandles.
11, The Planning Commission and City Council should comment on the use of
decorative architectural lighting for the Ruby Tuesday building.
12. The Planning Commission and City Council should comment on the request to
allow one additional sign for Discount Tire and four additional signs for Ruby
Tuesday.
13. AD automobile repair activities shall be limited to within the principal structure and
the doors to the service bays shall be kept closed except when vehicles are
being moved in or out of service areas.
14. There shall be no exterior storage of automobile parts, parked cars, or related
items on the site. All storage shall be internal to the building. Any cars to be
stored outside of the building shall be in full working order.
15. All noise created from operations on the site shall be in conformance with
Section 401.15.B.11 of the Zoning Ordinance.
16. The applicant shall receive and retain, if required, a Hazardous Waste
Generators License from Washington County for the Discount Tire operation.
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