6.4. SR 04-19-1999
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Item # 6. 4 .
MEMORANDUM
TO: Mayor and City Council
FROM: Scott Harlicker. Planning ASsistan~
DATE:
April 19, 1999
SUBJECT: Request by Leeann Chin for Amendment
To PUD Agreement for Elk Park Center
Reauest
Consider a request by Leeann Chin for an amendment to the PUD agreement
for Elk Park Center to allow signage on their awnings
Loca tion
Lot 1, Block 3, Elk Park Center
. Attachments
. PUD sign agreement
. Letter from Leeann Chin
Issue
The applicant is requesting an amendment to the PUD sign agreement for
Elk Park Center. The applicant is requesting that they be allowed additional
wall signage on the awnings located on the west and north side of their
building.
Existing sign agreement
The building in which Leeann Chin is proposed to be located in does not fit
the existing sign agreement. The existing agreement has different
requirements depending on the site. There are separate requirements for
freestanding sites and multi-tenant buildings. This site is a mix of both; it is
s freestanding site with a multi-tenant building.
.
If this site was considered a multi-tenant building, similar to the stores in
the Target building, each business would be allowed only one wall sign. This
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
.
did not seem practical given the location of the lot. Staff felt a more realistic
approach would be to treat each business as freestanding in terms of
applying the sign agreement.
Memo to Mayor and City Council
April 17, 1999
Page
Freestanding buildings are allowed one wall sign unless the building abuts 2
or more public streets. In this case the building abuts three streets so they
would be allowed a total of three wall signs if the building was occupied by a
single tenant. However, since the building has two tenants, each tenant will
need its own signange. Each tenant has frontage on two streets. Hollywood
Video has frontage on Highway 169 and 191st Avenue and Leeann Chin has
frontage on Freeport Street and 191st Avenue.
It is staffs interpretation that according the existing sign agreement each
tenant is allowed two wall signs, one for each street frontage. The applicant
is not disputing that interpretation. What they are requesting is the sign
agreement be amended to allow additional signage on the awnings. None of
the other buildings or businesses in the center have signage on the awnings.
Plannin{f Commission Meeting
.
At the March 23rd Planning Commission meeting no one spoke at the public
hearing. The applicant explained they need the extra signage because it is
part of their standard package. The Planning Commission recommended
approval of Leann Chin's request. Most felt the awning signs would not be a
problem and the building was unique in that it is a freestanding site with
multiple tenants and a PUD allows flexibility to address unique situations.
There was some discussion about setting a precedent by allowing additional
slgnage.
Recommendation
The Planning Commission recommends the City Council approve Leann
Chin's request to amend the Elk Park Center PUD agreement to allow non
back lit awning signs on the north and west sides of their building.
.
s: \PLANNING\SCOTT\LEEANNCC.DOC
.
AMENDMENT NO.1
to
ELK PARK CENTER
PLANNED UNIT DEVELOPMENT AGREEMENT
CITY OF ELK RIVER, SHERBURNE COUNTY, MINNESOTA
THIS AMENDMENT NO. 1 is made as of the _ day of , 1999, by
and between the CITY OF ELK RIVER, Sherburne County, Minnesota (the City),
and OPPIDAN, INC., a Minnesota Corporation.
WIT N E SSE T H:
WHEREAS, on May 4, 1994, the City of Elk River Elk Park Center Limited
Partnership hereto entered into Elk Park Center Planned Unit Development
Agreement; and
WHEREAS, Oppidan, Inc. has purchased Lot 1, Block 3 of Elk Park Center;
and
WHEREAS, on April 19, 1999, the Elk River City Council approved an
amendment (Exhibit G) to allow non back lit awning signs on the north and west
. sides of the portion of the building occupied by Leeann Chin Restaurant.
NOW, THEREFORE, it is hereby agreed by and between the parties here as
follows:
1.) The Elk Park Center Planned Unit Development Agreement (Exhibit
G) is hereby amended to allow non back lit awning signs on the north and west sides
of the portion of the building occupied by Leeann Chin Restaurant.
2.) The words, phrases, terms, and conditions used herein shall be
interpreted the same as those used in the Elk Park Center Planned Unit
Development Agreement.
3.) All other terms and conditions of the Elk Park Center Planned Unit
Development Agreement, as amended, shall remain in full force and effect and shall
be binding upon the parties hereto, except to the extent clearly inconsistent with the
terms and conditions of this Amendment No. 1.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to
be duly executed in their names and on their behalf on or as of the date first above
written.
.
.
.
.
ATTEST:
CITY OF ELK RIVER
Patrick D. Klaers
Its: City Administrator
Stephanie Klinzing
Its: Mayor
DEVELOPER,
Oppidan, Inc.
By:
Its:
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this _ day of
, 1999, by Stephanie Klinzing and Patrick D. Klaers, the Mayor
and City Administrator, respectively, for the City of Elk River, Minnesota.
Notary Public
STATE OF MINNESOTA
)
) ss.
)
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this _ day of
, 1999, by and
of Oppidan, Inc..
Notary Public
F:\SHRDOC\PLANNING\AGREEMTS\epcenter.doc
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t:.AnlDll U
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-PLANNED UNIT DEVELOPMENT FOR
ELK PARK CENTER
I.
SIGN REQUIREMENTS
a. General Guidelines
1. All signs within Elk Park Center (EPC) Planned Unit
Development (PUD) must consist of materials and a design which
compliments the architectural elements of the principle building and
character of the project.
2. All 1reestanding signs shall have a minimum ten (10) foot
setback from all property lines.
3. Prior to installing any signs, a sign permit must be obtained
from the City Planning Department.
b. Development Sign (Along Highway 169)
1. One freestanding development sign identifying EPC will be
permitted at the comer of Highway 169 and 192nd Avenue.
2. This sign may have a maximum height of thirty (30) feet and
width of seventeen (17) feet. The number of tenants allowed on
this sign shall be limited to two (2).
3. Attachment A, - an illustration of the approved development
sign.
c. Development Sign (Jackson Road and Freeport Avenue)
1. A second development sign may be installed at the
intersection of Freeport Avenue and Jackson Road.
2. This sign may have a maximum height of eight (8) feet and a
width of sixteen (16) feet. Total area shall not exceed one
hundred, twenty-eight (128) square feet.
3. Said development sign may identify two (2) of the tenants
within Elk Park Center.
4. Sign must be of a monument style and be constructed as
illustrated in Attachment B.
Sign Requirements, EPC PUD
April 15, 1994
Page 2
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~f.
~g.
epcpud.bz
d. Tenant Identification (Along Jackson)
1. A monument style sign may be located at the intersection of
Jackson Road and southernmost entrance to the project.
2. This sign shall have a maximum height of six (6) feet and a
width of four (4) feet.
3. The purpose for this sign is to identify the anchor tenant
(Target) located at the southerly end of the project.
4. Said sign shall be constructed in accordance with the
illustration on Attachment 8.
e. Monument Sign For Freestanding Sites
1. Each of the freestanding buildings within EPC will be
allowed to have a freestanding sign. The freestanding sign must
be of a monument style with a maximum height of ten (10) feet and
a maximum area of one hundred (100) square feet.
2. Attachment C illustrates a typical monument sign for
freestanding buildings.
Wall Signs (Freestanding Sites)
1. Wall signage for each freestanding building must consist of
individual letters and shall not have more than one (1) wall sign for
each principal building except that where the building abuts two (2)
or more public streets.
2. The gross surface area of a wall. sign for freestanding
buildings shall not exceed ten (10) percent of the area of the
building wall, including doors and windows, to "A,'hk:h the S:9;1 ;s to
be affixed.
Wall Signs (Multi Tenant Building)
1. Fascia signs for individual retail tenants shall be for store
identity only.
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/',6ign Requirements, EPC PUD
/;;'pril15, 1994
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//
Page 3
.
2. Capitol letters shall be no larger than 32" high, lower case
letters shall be no larger than 24" high. Signs shall be centered
over the entrance doors to the tenant space, or the leased area,
but in no case shall they extend closer than 3'-4' from the projected
lease line.
3. These signs shall be internally illuminated, individual letters
placed on a 4" square electrical raceway, painted to match the
brick facia.
4. No signage shall be permitted on the sides or rear of the
building, other than that required for delivery identification or traffic
control.
5. Attachment 0 illustrates a typical wall sign.
h.
Major Tenant Signage
.
1. For the Target Store, this includes a 7'-0" diameter "bulls
eye" and 6'_0" high individual, internally illuminated letters. A
"Pharmacy" sign with 2'-0" (approximately) internally illuminated
letters shall be placed adjacent to the entrance.
2. Signage for the other anchor tenant, Cub Foods, shall be
compatible with both Cub's requirements and City approval. All
signage shall be internally illuminated, individual letters; proposed
signage includes the following:
"Cub"
"Foods"
"24 Hour Savings"
"Pharmacy"
approximately 10'-0" high
approximately 6'-0" high
approximately 3'-0" high
approximately 2'-0" high
I. Other Signs
1. All other signage that may occur within Elk Park Center PUD
and not specifically mentioned herein shall comply with Section
900.22 of the Elk River City Code.
.
2. Requests for signage that, is not spesifically mentioned
herein and is not consistent with the conditions, character 2~d
intent of Elk Park Center PUD may be denied by the City.
epcpud.bz
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Leeann
Chin"
February 17, 1999
Mr. Scott Harlicker
City of Elk River
13065 Orono Parkway
PO Box 490
Elk River, MN 55330
RE: Leeann Chin, Inc. - Elk River Center
Dear Scott:
Per our conversation, this is a formal request for an amendment to the Planned Unit Development
Agreement for Elk River Center as it relates to the development of Lot 1, Block 3 in Elk River,
Minnesota.
Leeann Chin agrees with the Planning Commission's position that logo signage on the west side of the
building is not needed, as the sign age that is currently planned for the building is visible throughout the
center. Instead, I am requesting permission for our standard trade dress on the awning and windows.
Based on our conversations, it is my understanding that because the proposed awning will have lettering,
it is considered signage, and therefore will need to go before the City Council.
Scott, we have discussed the option of window neon and as I mentioned previously, Leeann Chin's
position is the following:
. Neon is not an accurate representation of the product or the business we conduct. We feel
that the stenciling on the awning is a more sophisticated and attractive means to present our
trade-dress. Elk River is adding an aesthetically appealing building to its community.
Leeann Chin feels our proposed awnings will enhance rather than detract from the appearance
of the building.
. Our standard package includes the stenciled awnings and window decals. They are a constant
for our customers, a means of identifying us in a competitive market.
I thank you for your attention to this matter Scott. Please do not hesitate to call me at (612) 820-1203 if
you have any further questions.
Sincerely,
~~
Lia Greenwood
Real Estate Manager
3600 WEST 80n! STREET, SUITE 210
BLOOMINGTON, MN 55431
Tel 612.896.3606
Fax 612.896.3615
www.1eeann-chin.com
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