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HomeMy WebLinkAbout2015-02-19 Planning Commission Meeting Packet CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, February 19, 2015 6:00 P.M. I. Call to Order II. Approval of Agenda III. Approve January 15, 2015 Planning Commission Meeting Minutes (1) IV. Department/Commission Liaison/Other Reports V. Visitors/Public Comment This is an opportunity for the public to address the Commission with questions or concerns not on the agenda. Please limit comments to three minutes. VI. Public Hearings A. Xcel Energy—A. S. King Plant: Consider request for Interim Use Permit to allow use of temporary administrative trailers for increased workforce at Xcel Energy—A.S. King Plant, 1103 King Plant Road. (2) B. Raduenz Dealership Properties LLC dba Stillwater Motors—5900 Stillwater Blvd. N.: Consider requests for Variance to sign requirements as they relate to numbers,height, and allowable square footage of sign area and sign face,to allow a 128 s.f. changeable copy sign, 50 feet in height along Hwy. 36, located at Stillwater Motors, 5900 Stillwater Blvd. N. (3) VII. New Business VIII. Old Business IX. Informational A. Upcoming Meetings: • Tuesday, February 24, 2015 City Council 4:45 p.m./City Hall • Thursday, March 12, 2015 Planning Commission 7:00 p.m./City Hall • Tuesday, March 24, 2015 City Council 7:00 p.m./City Hall • Tuesday, April 14, 2015 City Council 7:00 p.m./City Hall • Thursday, April 16,2015 Planning Commission 7:00 p.m./City Hall B. Council Representative • Tuesday, March 24, 2015—Commissioner Anthony • Tuesday, April 14, 2015 —Commissioner Bye X. Adjourn. ENCLOSURE • j CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday,January 15,2015—Oak Park Heights City Hall Call to Order: Chair Kremer called the meeting to order at 7:00 p.m. Present: Commissioners Anthony, Bye, Kremer, and Thurmes; City Planner Richards and Commission Liaison Liljegren. Commissioner Nelson arrived after Minutes approval. Absent: City Administrator Johnson. II. Approval of Agenda: Chair Kremer asked if there were any changes or additions to the Agenda. There being none, Chair Kremer acknowledged acceptance of the Agenda as presented. III. Approval of December 11, 2014 Meeting Minutes: Commissioner Thurmes, seconded by Commissioner Bye, moved to approve the Minutes as presented. Carried 4 - 0. N. Department/Commission Liaison/ Other Reports: Commission Liaison Liljegren and City Planner Richards reported on the actions taken by the City Council with regard to the requests of Stillwater Motors, noting that additional changes were sought by the applicant. The City Council approved what was recommended by the Planning Commission to the original request and directed the applicant back to the Planning Commission for consideration to the additional change sought. V. Visitors/Public Comment: None. VI. Public Hearings: A. Oak Park Sr. Living — Phase IV: Consider request for Planned Unit Development: General Plan approval to allow construction of a 2-story, 62 unit senior apartment building, to be located east of Nova Scotia Ave. N., at Nutmeg Ct. N., within the Oak Park Sr. Living development. City Planner Richards reviewed the January 8, 2015 Planning Report relative the request,noting the revised exhibits at the Commission's seats,addressing a number of the items noted in the report's issue analysis. Richards provided an issue analysis to the request and discussed the same with the Commission. Commission discussion ensued as to building setback and height,average occupancy to the existing units. In response to Commission inquiry,the developer responded that the they hope to start construction June 1,2015 and that the estimated total build out of the development to be two years,market dependent. Chair Kremer invited the applicant to address the Commission. Planning Commission Minutes January 15,2015 Page 2 of 4 Justin Strain — 5815 Nutmeg Court introduced himself as the owner of one of the townhouses in the 4-unit building to the east of the proposed development. Mr. Strain indicated his support for the request,including the removal of the sidewalk behind the unit and 58th St. connection. He indicated that consensus amongst the 4 unit homeowners was that the removal of the sidewalk behind the building was preferred. Tim Freeman—Project Surveyor addressed the request to remove the sidewalk from the backside of the proposed building, noting that there would not be direct access to the sidewalk from the building as the patios there are not at grade and there are no services doors from which to access the sidewalk. He added that having a sidewalk at the back of the building and access from a public trail isn't sensible or comfortable for residents within the development,noting that trails and roadway are in place and the sidewalk connections internal to the development are planned. Discussion ensued as to 52 years of age being the qualifier for"senior"occupancy at the development,what would happen should at some point when the housing designed for senior living is desired to be changed to something other than that and the City's tree replacement requirements. There being no additional comment, Chair Kremer closed the public hearing. Richards reviewed the conditions recommended within the planning report and discussed the same with the Commission. Chair Kremer asked for Commission discussion or comment, and with none being presented, closed the public hearing. Commissioner Anthony, seconded by Commissioner Bye,moved to recommend City Council approval of the request, subject to the conditions recommended within the January 8, 2015 Planning Report, as amended and specifically that: 1. The revised plat for Oak Park Senior Living,the title work, as well as the dedication and vacation of any easements shall be subject to the review and approval of the City Engineer and City Attorney. 2. The development agreement shall include a provision that the Oak Park Senior Living Phase IV will remain as senior rental and shall not be converted to non-restricted rental housing. 3. Lower 5961 Street shall be widened to 35 feet after construction of Building 3. The street medians on Upper 58th Street N. and Lower 50th Street N. at Nova Scotia Avenue,N. are to be removed for easier emergency vehicle access. All changes to the roadway are subject to review and approval of the City Engineer. Planning Commission Minutes January 15,2015 Page 3 of 4 4. The Planning Commission was favorable to the revised plans for the front entrance of the buildings at the corner of Upper 58th Street,N. and Nutmeg Court,N. that eliminates parking stalls and provides for additional green space. 5. The Planning Commission was favorable to the revised site plan which moves Building 4 south, away from Upper 58th Street,N., while maintaining the 20 foot setback to the townhome units. 6. The landscape plan shall be subject to review and approval of the City Arborist. 7. Plans shall be provided for the irrigation system subject to review and approval of the City Engineer. 8. The grading and drainage plans shall be subject to City Engineer and the Middle St. Croix Watershed Management Organization approval. 9. All utility plans shall be subject to review and approval of the City Engineer. 10. The Planning Commission determined that the proposed non-shielded, residential style light fixtures are appropriate. 11. The Applicant shall submit any plans for new signage subject to City approval. 12. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 13. The snow storage areas and plan shall be subject to review and approval of the City Engineer. 14. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 15. All trash and recycling storage shall be internal to the building. 16. The Planning Commission was favorable to the final building appearance, colors,materials and the variety between buildings. The Applicant shall provide a materials board for the building to be reviewed by the City Council. 17. The Applicant shall be required to enter into an amended development agreement. The development agreement shall be subject to the review and approval of the City Attorney and City Council. Carried 5 —0. Planning Commission Minutes January 15,2015 Page 4 of 4 VII. New Business: None. VIII. Old Business: None IX. Informational: City Planner Richards noted that it may be necessary to reschedule the February 12, 2015 Planning Commission meeting and inquired if the Commission would be agreeable to meeting at 6:00 p.m. on February 19, 2015. After some discussion, staff was directed to email the Commission to determine their availability for meeting at 6:00 p.m. on February 19, 2015. A. Upcoming Meetings: • Tuesday, January 27, 2015 City Council 7:00 p.m./City Hall • Tuesday, February 10, 2015 City Council 7:00 p.m./City Hall • Thursday, February 12, 2015 Planning Commission 7:00 p.m./City Hall • Tuesday, February 24, 2015 City Council 7:00 p.m./City Hall • Thursday, March 12, 2015 Planning Commission 7:00 p.m./City Hall B. Council Representative • Tuesday, February 24, 2015—Commissioner Thurmes • Tuesday, March 24, 2015—Commissioner Anthony X. Adjourn: Commissioner Nelson, seconded by Commissioner Bye,moved to adjourn the meeting at 7:51 p.m. Carried 5—0. Respectfully submitted, Julie Hultman Planning&Code Enforcement Approved by the Planning Commission: ENCLOSURE 2 TPC3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.427.0520 TPC @PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 3, 2015 RE: Oak Park Heights—Xcel Energy/A.S. King Plant— Interim Use Permit Application for Temporary Office Trailers FILE NO: 236.02 — 15.01 BACKGROUND Thomas Zellmer, representing Xcel Energy, has made application for an Interim Use Permit to allow placement of temporary office trailers at the A.S. King Power Plant. The plant is located at 1103 King Plant Road and is adjacent to the St. Croix River. The trailers are to be used for a temporary increase in administrative and engineering personnel while the plant is shut down for maintenance. The trailers are to be placed on site from March to June 2015. The property is zoned I, Industrial District in which power plants and accessory structures are a permitted use. The King Plant is also in a River Impact District which requires a conditional use permit for permanent structures. In that the request is for temporary placement of the trailers, that application is treated as an interim use, not a conditional use. Attached for reference: Exhibit 1: Project Narrative Exhibit 2: Site Plan —Trailer Locations Exhibit 3: Trailer Floor Plan Exhibit 4: Picture of Trailer ISSUES ANALYSIS Project Description. The description of the need for the trailers is provided by Xcel in the project application as follows: Xcel Energy is requesting a permit for the use of temporary administrative trailers for use during the annual maintenance outage. The trailers will be used for a temporary increase in administrative and engineering personnel when the plant is shut down for maintenance. A quantity of six to nine trailers is proposed. Each trailer is approximately 60 feet long and 12 feet wide. Assuming nine trailers, the maximum temporary trailer space is 6,480 square feet. The permanent plant workforce is 110 employees with an additional 160 contract workers during the annual outage. This will be a smaller workforce compared to outages preformed in 2013 and 2014. Existing plant bathroom facilities and portable toilets will be used during the outage. The additional contract workers will use temporary gravel parking spaces. The outage begins March 21, 2015 and ends in early May. The trailers will be removed by June 30, 2015. Six trailers were placed on site with an Interim Use permit approved in December of 2012. The trailers were removed in July 2013 as per the conditions of approval. An interim use permit was granted in October 2013 to allow placement of temporary office trailers and a Conditional Use Permit was granted for the permanent instillation of two rail spurs. Again, the trailers were removed in conformance with the conditions of approval. Comprehensive Plan. The Comprehensive Plan designates this area as industrial land use. The power plant and its accessory structures are recognized as industrial land uses consistent with the maps and policies of the plan. Zoning Ordinance. The site is zoned I, Industrial District in which power plants and accessory structures are a permitted use. The King Plant is also in the River Impact District which requires a conditional use permit for significant changes to the plant. The temporary use of the trailers is not considered a permanent or significant change to the plant site, thus will require an interim use. Section 401.32.0 lists temporary office and administrative structures as an interim use in the I District. Parking. The site currently has 117 permanent parking spaces on an existing blacktop surface. An additional parking area of 400 spaces on gravel outside of the fence will be used for the additional temporary personnel. The number of permanent plant employees is 110 with another 160 contract employees during the plant maintenance. Parking calculations for the plant are as follows: Existing Office Space: 18,400 square feet x .9 = 16,560 / 200 = 83 + 3 = 86 parking spaces Temporary Office Space: 2 II 6,480 square feet x .9 = 5,832 /200 = 29 + 3 = 32 parking spaces As per the Zoning Ordinance requirements, 118 parking spaces are required both for the existing and proposed office space. The combination of the 117 spaces on the blacktop and 400 spaces on the gravel will be more than adequate for the 270 people that will be employed at the plant during the maintenance. Lighting. No additional lighting has been proposed. Existing site lighting will be utilized in the areas where the trailers are to be placed. Any new lighting of the site will need to be in compliance with the Zoning Ordinance and subject to review and approval of City staff. Trash Handling. All trash and recycling for the trailers will be handled with the existing facilities on site. Restrooms. The nine trailers will not contain restroom facilities. The existing restroom facilities in adjacent buildings and portable toilets will be utilized. Grading and Drainage. There will be no grading or drainage issues with the proposal for the trailers. The trailers will be placed on existing gravel surfaces. Tree Preservation. There will be no trees removed for placement of the trailers. Setbacks. The trailers will be compliant with all lot line and shore land building setbacks of the Zoning Ordinance. Department of Natural Resources. The Department of Natural Resources (DNR) has been notified of the request. The interim use and conditional use approval by the City is subject to any further review or comments by the DNR. Design Guidelines. In that the trailer structures are temporary, they are not subject to Design Guideline Review. Conditional Use Permit — River Impact District. The Planning Commission shall consider the conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, as part of its review. 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 3 Due to the location of the King Plant in an industrial area, and the minimal impact the trailer structures will have on the site, the project is consistent with the above criteria. The City Engineer should comment on any traffic concerns with having an additional 160 people utilizing the roadways adjacent to the plant. CONCLUSION AND RECOMMENDATION Based upon the preceding review, City staff recommends approval of the an Interim Use Permit to allow placement of temporary office trailers at the A.S. King Plant subject to the following conditions: 1. The trailers shall be removed no later than June 30, 2015 unless an extension is granted by the City Council. 2. Any freestanding or building lighting shall be in compliance with the Zoning Ordinance and subject to review and approval of City staff. 3. Any changes to the grade or drainage associated with the trailer placement shall be subject to review and approval of the City Engineer and applicable watershed district if necessary. 4. The City Engineer shall comment on the traffic resulting from the increased personnel at the plant. Any traffic control measures required by the City Engineer will be implemented by Xcel Energy. 5. Xcel shall be required to comply with any permitting requirements of the City and any further review and comment by the DNR. Pc: Julie Hultman 4 EXHIBIT Xcel Energy is requesting a permit for the use of temporary administrative trailers for use during the annual maintenance outage. The trailers will be used for a temporary increase in administrative and engineering personnel while the plant is shut down for maintenance. A quantity of six to nine trailers is proposed. Each trailer is approx. 60' long x 12' wide. Assuming nine trailers,the maximum temporary trailer space is 6,480 square feet. The permanent plant workforce is 110 employees with an additional 160 contract workers during the annual outage. This will be a smaller workforce compared to outages performed in 2013 and 2014. Existing plant bathroom facilities and portable toilets will be used during the outage. The additional contract workers will use temporary gravel parking spaces. The outage begins March 21, 2015 and ends in early May. The trailers will be removed by June 30,2015. EXHIBIT 2 . , w + o E a p pp msazs—en I a el : if °s'bfi g :i.-.4 Iiib si 1 €` ` r ihr. I i €L 9 ii. gg Ed i c i.e OW a I ' s g s 9 i 14,aa Es €.� 9 Ea.. 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Cli) Ceti zori clom , C= • . e 0 2 ..) 1 , X el\I 1 1 _ 7 { _. am r---- -. w ,,, . 93381 ..� 43 unvs ynyy.'`£lei.....______........„d - �}j ,.„ E wici- ....., _.„,,,,...,:....4.........,,,....., i , .., .....,„, .:„.„.. , ..,_.,,,,l___,....,ree.,..,k.„._,. i 3o-, , ,..._ ..„4,,,,_..„,. i f ._„ . .....„. . ........., , .2,.....„ ,, s _._........ ,,,....... ......,..„„, r ,,,,-,,,;Al ;, )a r ':. t ,t Nom.,..- r ! :. f l F ii, x b ,,t m ,1 ,•. � : a , _.. �... tE F TPC3601 Thurston Avenue N, Suite 100 j` 3 Anoka, MN 55303 Phone: 763.231.5840 Facsimile: 763.42 7.0520 TPC@PIan ni ngCo.com ENCOSURE PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 3, 2015 RE: Oak Park Heights—Stillwater Motors - Variances for Signage — 5900 Stillwater Blvd North FILE NO: 236.02 — 14.05 BACKGROUND The City Council, at their January 13, 2015 meeting approved the sign variances for Stillwater Motors that had been recommended by the Planning Commission at their December 11, 2014 meeting. The variances approved were to allow an additional pylon changeable copy sign (four total freestanding signs), to allow for a 40 foot sign where a 30 foot sign is allowed, to increase the allowable sign square footage, and to allow for a changeable copy sign (Option 4) that will not meet the allowable requirements. Following the Planning Commission meeting, Daniel, DJ Raduenz of Raduenz Dealership Properties LLC, requested consideration of an additional changeable copy sign on Highway 36. The City Council approved the sign variances as recommended by the Planning Commission and referred to issue of an additional changeable copy sign to the Planning Commission. The property is zoned B-3, Highway Business and Warehouse District in which automotive sales and service is a Conditional Use. Attached for reference: Exhibit 1: Project Narrative—January 30, 2015 Exhibit 2: Site Plan — Existing and Proposed Sign locations. Exhibit 3: Proposed Sign Location (1) Exhibit 4: Proposed Sign Location (2) Exhibit 5: Sign Faces Diagram (3) Exhibit 6: Proposed Sign, View from Highway 36 (4) Exhibit 7: Proposed Sign, View from Highway 36 (5) Exhibit 8: Proposed Sign Picture (6) Exhibit 9: Proposed Sign Plan (7) Exhibit 10: Buick/Chevrolet Signs to be Removed (Exhibit 1) Exhibit 11: Letter from Daktronics, Inc. January 29, 2015. Exhibit 12: Site Line Study (Two Pages) ISSUES ANALYSIS Project Narrative. Mr. Raduenz has provided the following narrative that is also found within Exhibit 1 of this report: Stillwater Motors is requesting a variance for an Electronic Message (EMC) to be installed in the northwest corner of the property. We are requesting the additional sign (EMC) along Highway 36 for additional visibility. The request for the pylon signage and the 50 foot in height is in regards to safety and visibility. By doing different height tests we have determined to have site lines above trees, which will grow higher and wider, including other obstructions we need to have the sign at a minimum of 50 feet. This height will allow drivers the ability to see the sign easily and make proper lane changes and signals for safety while traveling Highway 36. EMC sign would allow Stillwater Motors to stay abreast of modern technology in the automotive industry and allow us to promote our business and products. By allowing the EMC sign, it would also minimize the need for temporary signs and banners. We would remove the Chevrolet and Buick signs on the north side of the building which are 184.68 square feet(see Exhibit 1). That would leave us with no signs on the north side of the building, so we would ask to have the proposed sign variance to allow us to install up to a 184 square foot sign, with a maximum of 50 foot height. Comprehensive Plan. The Comprehensive Plan designates this area as Commercial on the Proposed Land Use Map. The use of the property for automotive sales and service is consistent with this land use designation. Zoning Ordinance. The property is zoned B-3, Highway Business and Warehouse District in which automotive sales and service is a Conditional Use. The Applicant has applied for signage variances to allow an additional changeable copy pylon sign greater than 150 square feet, to allow for a 50 foot sign where a 30 foot sign is allowed, and to allow for a changeable copy sign that will not meet the requirements. He initially requested an increase in the overall square footage of signage on site, but the request now will comply with the maximum of 760 square feet established by the variance granted by the City Council on January 13, 2015. Review of the criteria for variances is found later in this report. 2 Signage. The property is within the Destination Retail Highway Sign District which would allow one freestanding sign of 150 square feet and a maximum height of 30 feet. The 2005 variance allowed a total of 10 wall signs for the site. The overall allowable sign area for the site would be 500 square feet. On January 13, 2015 the City Council approved variances for the following: • One additional pylon sign that will allow changeable copy. Option 4 was approved that is 15 feet in height and 50 square feet in size. The sign was permitted that is 100 percent dynamic. The Ordinance allows a changeable copy sign to be no more than 35 percent dynamic. The sign would be placed along Stillwater Blvd on the south end of the site. • The existing Chevrolet/Buick sign on the northeast corner of the site was permitted to be increased from 31 feet to 40 feet in height, with the same sign faces. • An increase in allowable sign area to 760 square feet, but referred the request to increase that number back to the Planning Commission. The additional request and what has been referred back to the Planning Commission: Proposed Changeable Sign. The Applicant has proposed another new changeable copy sign along Highway 36. The sign is proposed at 50 feet in height (30 feet allowed) and would be 184 square feet in size. The regulations for electronic signs indicate that the changeable copy portion of the sign shall not occupy more than 35 percent of the actual copy and graphic area of a freestanding sign. The sign is proposed to be 100 percent changeable copy. This sign would require a variance from the provisions for height, to allow an additional freestanding sign (one allowed on site, this would put the total at five), to allow for a sign greater than 150 square feet and allow for 100 percent changeable copy. The Planning Commission should consider this request and determine if a variance is warranted. Allowable Sign Area. Within the Zoning Ordinance provisions, the total allowable sign area on site, with the wall and freestanding signs, would be 500 square feet. Currently there are 10 wall signs with a total of 426 square feet. The proposed, approved and existing freestanding signs will total 518 square feet for a site. The Applicant has proposed removing the Buick and Chevrolet wall signs on the north side of the building which total 184 square feet. The resulting total signage on the site will be 756 square feet. This is consistent with the variance approved by the City Council on January 13, 2015. 3 Pylon Signaqe. The existing and proposed total of freestanding signage is as follows: Sign Square Feet Sign Message Height Existing North Collision Center 25 80 Pylon Existing Northeast Chevrolet/Buick 40 127 Pylon (Approved) Existing East Pylon Chevrolet Truck 28 77 Approved Changeable Copy 15 50 Changeable Copy Sign — Stillwater Blvd. Proposed Changeable Copy 50 184 Changeable Copy Sign —Highway 36 Total 518 Wall Signaqe. Total No. Square Feet Sign Message of Signs West Elevation Service 2 21.3 Body Shop 31.3 South Elevation Delivery 2 25 Stillwater Motors 58.11 North Elevation Buick 2 -184 Chevrolet (To be Removed) East Elevation Certified Service 2 33.8 Buick Emblem 20.53 Southeast Bowtie 2 13.37 Elevation Chevrolet 35.37 Signature Total 10 238.78 4 Sign Illumination. The proposed sign will be required to comply with the Zoning Ordinance lighting requirements. Staff will approve the lighting specifications for the signs at the time of permitting. 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 sign variances are 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. h. 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. 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. Due to the location of this business in that the building will have limited visibility from Highway 36, the applicants have indicated that allowing only a 30 foot freestanding would cause an undue hardship for their business and the ability of customers to locate the building. A number of other businesses in the Highway 36 corridor have asked for and received variances for signage height. This is the first time that the City has considered a variance for a 50 foot freestanding sign. The site lines from Highway 36, 5 when traveling east do not justify the need for the sign height. It is doubtful that the 50 foot sign would be visible on the west bound lanes of Highway 36 and a much taller sign would likely be required. City Staff is concerned with the precedence of allowing a sign of this height. We do not believe it is justified or necessary at this location. A 40 foot sign would be adequate, similar to the request for the pylon sign that has already been approved. City Staff does not have an issue with allowing the additional sign with a size of 184 square feet as long as the two wall signs are removed. Additionally, Staff does not have an issue with the 100 percent dynamic sign face. CONCLUSION AND RECOMMENDATION If the Planning Commission agrees to recommend the requests for the variances, they should consider the conditions that follow: • Variances - To allow an additional changeable copy pylon sign greater than 150 square feet, to allow for a 50 foot sign where a 30 foot sign is allowed, and to allow for a changeable copy sign that will be 100 percent dynamic. 1. All conditions of the Conditional Use Permit and Variance for Raduenz Dealership Properties LLC approved July 26, 2005 and January 13, 2015 shall remain in effect. 2. The proposed changeable copy sign shall not exceed 40 feet in height and 184 square feet in sign face size. 3. The Applicant shall remove the Chevrolet and Buick wall signs on the north side of the building prior to installing the proposed changeable copy sign. 4. The sign specifications and methods of illumination shall be subject to review and approval of the City Planner at the time of permitting. 5. A landscape plan for the area around the new sign shall be provided to the City and shall be subject to review and approval of the City Arborist. pc: Julie Hultman 6 t €é( U4 EXHIBIT 1 MOTORS.com CHEVROLET { BUICK •FAMILY OWNED SINCE 1922 • 5900 Stillwater Boulevard North•P.O.Box 337 Stillwater,Minnesota 55082 January 30th 2015 City of Oak Park Heights, Stillwater Motors is requesting a variance for an Electronic Message(EMC)to be installed in the northwest corner of the property. We are requesting the additional sign (EMC)along Highway 36 for additional visibility. The request for the pylon signage and the 50 foot in height is in regards to safety and visibility. By doing different height tests we have determined to have sight lines above the trees,which will grow higher and wider, including other obstructions we need to have the sign at a minimum of 50 feet. This height will allow drivers the ability to see the sign easily and make proper lane changes and signals for safety while traveling Highway 36. EMC sign would allow Stillwater Motors to stay abreast of Modern Technology in the Automotive Industry and allowing us to promote our business and products. By allowing the EMC sign it would also minimize the need for temporary signs and banners. We would remove the Chevrolet and Buick on the North Side of the Building which is 184.68 square feet(see Exhibit 1). That would leave us with no signs on the north side,on the building,so we would ask to have the proposed sign variance allow us to install up to a 184 square foot sign,with a maximum of a 50 foot height. 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' i ' --'-' --' ' ii ':,_..._:__ ., ,..- ''''' : ' ''alur::Aat:',.,-;-:-:: . ,,,. k t- , v_ tea= . 7.17.,,,,,,,,,, ,,,,,,. , i °.;�7. a X i 4, i - 1 C W 113171 DAKTRONICS, INC. 201 DAKTI ONCS DR BROOKINGS SD 57006 1/29/2015 Jc ri: >seh-;rj Dak r^n`c ',, nc 201 Daktroric ''E', b'ookna<.S,,3/00e: Rick Chase Stillwater Motors To whom it may concern: We are requesting the additional sign along Highway 36 for additional visibility. The request for the pylon signage and the 50 foot in height is in regards to safety and visibility. By doing different height tests we have determined to have sight lines above the trees and other obstructions we \,%, need to have the sign at a minimum of 50 feet. This height will allow drivers the ability to see the sign easily and make proper lane changes and signals for safety while traveling Highway 36. With our current signage you have to be at the exit to see our business signage. This can make for last minute improper lane changes and possible safety concerns. We appreciate your consideration in this manner. James Roehrl Daktronics Field Representative Daktronics, Inc. $ 0 m a e a EXHIBIT C!!HoPG ;9"w 4 z o p O w W CO Qo 0 a f • i s .—t.,F \ . oo� 1 \ , .• •: ... ill A .. 1 W• w N _ 1 �� a n z �" oZ Ellial ,- j I , . '1'7;7: 'I --:. = - i 1 Z0 �` N >.b c, _ #ac , N r .,14 W •PG is �z 3 r� VI iii ti i Rj o 303 , t z P., x�$ u" g w• 6 Ei) i ,., 0.4 1 6 g+ g 0 9 4 -.., ::;: II v W III .a� �W 'r T^,4 0 E2 eb 11 aw III ttt PI r1 <cc 2 z N I • I o A — II 1 CI) W w 8 0 I 0 CZI r 0‘14■1 0,/ i ri N CO Idm a � g m II CA (t LT, 1 t1 _ , '" c M zN I , V aurpEAs g aurpgars 2 y P s g N 0 3 Vi 75 g r4 h h Z