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1. Super 1 Foods - Depot Park Sign RequestPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 wvyw.kaiis eii.eom/ iannincr REPORT TO: Honorable Mayor and City Council FROM: 'torn Jentz, Director Myrt Webb, Interim City Manager SUBJECT: super 1 Foods/Depot Park Sign Request MEETING DATE: November 10, 2008 (work session) BACKGROUND: Super 1 Foods has been considering opening a store in the old Tidyrnan's building. one aspect of their investigation concerns available signage. Tidyman.'s operated for many years at this location without any freestanding signage. They chose to utilize large wall signs which are clearly visible from Main Street though an open view corridor created by Market Street and the north side of Depot Park. Super 1 however believes that freestanding signage along Main. Street is very important for their business. Unfortunately, super 1 is not located on nor do they own property on Main. Street. Note that Tidyman's did own a strip of land north of Depot Parr extending from. Tidyman.'s out to Main Street adjacent to the railroad tracks. During the development of Tidyman's in 1992 they dedicated this land to the city with an easement on the land that no structure would be built which obscured the view of the Tidyman's Store from Main Street. Super 1 approached the staff with a request to place a free standing sign. on Main Street. They asked permission to place a sign between. Market Street and the new War Memorial in Depot Park fronting on Main street. They understood that this would place the sign squarely in a city park but asked if they could purchase a strip of land back from the city to place the sign on as the previous supermarket owners had dedicated this land to the city. Super 1 submitted a series of proposals ranging in size and height, some with, and some without electronic reader boards. Ultimately, Super 1 settled on a 15-foot tall monument --style sign with approximately 50 square feet of sign area. The design and requested location is attached. Staff raised many questions and concerns with representatives of Super 1, but agreed to bring the matter to the Council for discussion.. There is no clear provision in our land use codes that would allow a free standing sign, as proposed, to be located in Depot Park without clear policy direction from the city and an amendment to our codes. super 1 Foods understands this but is willing to enter into discussion with the city to see if this is practical. staff will discuss five issues which either limit or prohibit their ability to place the sign in the requested location under current regulations. First the city would have to address the issue of allowing a commercial sign in a city park. There is no precedent for this at this time and no policy for dealing with other requests for either local or out of area businesses. Second, the proposed sign would be situated on land that does not contain the business thus the sign code would describe the sign as an off -premise sign. Under Section. 27.24.110 (S) of the sign ordinance, off -premise signs are not permitted in ' the B-4 zone (Central Business District) , which is the zone where Depot Park is located. This provision is reflective of the current policy of the council to limit billboards within 1500 feet of the intersection of Main and Idaho. As you remember, the city required the removal of the existing billboards in this area in. 1994 and prohibited any new billboards within this area (Depot Park is about 720 feet from the intersection) . Third, to sell a strip of land along Depot Park from. the Tidyman's site to Main Street, the land would have to be sold at public auction. and Super 1 would have to be the successful bidder. Four, because the Chamber does lease the chamber building and already has a sign out on Main Street, the Chamber may also have to consent to the sign placement, particularly because the Super 1 sign would limit the visibility of the Chamber's own sign. Five, there is an easement across this property which restricts the construction of any structure that would obscure the view of the Tidyman's store. This was put in place in 1992 and while it is easy to draw a conclusion that a sign directing the public to the store is not really an obstruction of the view corridor, this easement still has to be addressed. Finally, the Chamber of Commerce who leases the depot building from the city already has a sign along Main. Street. Under the ordinance, only one freestanding sign is generally allowed along the Maim. Street frontage, meaning that the Chamber would have to remove their sign before any other freestanding sign could be placed on that frontage. In summary, a sign permit cannot be issued for their proposal without (1) the approval of the Council for the placement of a commercial sign within a city -owned park or the sale of a portion of city park to Super 1; (2) the consent of the Chamber of Commerce as the lessee of the property; and (3) a zone change and/or zoning ordinance text amendment which would allow for the placement of a sign here (4) the removal of the Chamber sign or a zone text amendment to allow 2 free standing sign to stay. RECODATION: Council should provide direction to staff regarding whether an appropriate zoning text amendment and/or other documents should be prepared which would allow the placement of a commercial sign within Depot Park. ALTERNATIVES., As suggested by the council. Respectfully submitted, '7 &)mt , Tom Jentz Director Deport compiled November 3, 2008 C: Theresa White, Kalispell City Clerk y We b Interim City Manager Attachments: Super 1 Foods sign detail Site plan of Depot bark 2'— 2 e' 09-50P ..:77 �_ _I 1 of--0 3f NEW D/F MONUMENT 015PLAY. 5CAL.E: 1 /4" = I' D/F NON -ILLUMINATED UPPER CABINET TO 5E TEXTURE COATED (FINE) AND PAINTED TO MATCH PAREX MOONSTONE #1 O44.6 (74). CABINET FACES & RETURNS TO HAVE DECORATIVE RAI5ED TRIM (I " RETURN), TEXTURE COATED (FINE) & PAINTED TO MATCH PAREX OCHRE #1D433 (09). FAINT SHEET METAL ROOF STRUCTURE TO MATCH DUPONT #GS-91 2 GREEN. (2 EACH) 5/F NON --ILLUMINATED CIRCLE 5HAFED CA51NET5 TO 13E PAINTED TO MATCH DUPONT #G5-91 2 GREEN WITH SIT CLEAR RED EXrOE3ED 13ORDER NEON (INSET 1 " FROM CA51NET EDGE ON FACE), INSET 13ACKGROUND AREA TO 5E TEXTURE COATED (FINE) AND FAINTED] TO MATCH PAREX MOONSTONE #'104.4.6 (74). CABS TO MOUNT FLUSH. LOGO FACKGROUND GRAPHIC DETAILS TO DE SLACK VINYL. NUMBER (1) TO 5E 30-90- 13 TOMATO RED OPAQUE VINYL WITH WHITE OPAQUE VINYL OUTLINE.. NUMBER (1) TO HAVE 5/T CLEAR RED EXP05ED NEON OVER WHITE VINYL OUTLINE. "STARS" GRAPHICS TO PE 3650-13 TOMATO RED OPAQUE VINYL. (2 SETS) S/F PLEX FACE CHANNEL LETTERS (5UPER) TO HAVE SLUE LED INTERNAL ILLUMINATION. FLEX FACES TO F3E 264a BLUE WITH MEDIUM BLUE TRIM CAP. PAINT LETTER RETURNS SEMI -GLOSS BLACK. MOUNT FLUSH TO CA5. (2 SETS) 5/F PLEX FACE CHANNEL LETTER5 (FOODS) TO HAVE WHITE LED ILLUMINATION. LETTERS TO HAVE WHITE FLEX FACES WITH 3635-222 DUAL COLOR SLACK VINYL OVERLAYS AND EiLACK TRIM CAI~. PAINT LETTER RETURNS SEMI-GLO55 SLACK. LETTERS TO MOUNT FLUSH TO CAB FACE. ROCK 5A5E DY OTHER55. CUENT. s h y x m 't7 cn C i k. 03 N n zs SUPER 1 FOODS o [] o p FIRST AVENUE _ o c, d ro n KALI5PELL, MT '¢r;� �' w m ��-- o " -�+ six- � ' 0 0 � e g ;��r .�l< Fro gn a: o -4 c m:- �, N n z: Z c 5UPER 1 FOQ©5 � � Ma�r�"gym v � ° ('p + C] ❑ '� N MRST AVENUE N n N } R] : -� KALISPELL, MT g£ 5 � m � A t co � -¢ 1[a7 ? 7 September 11, 2008 Mr. James A. Patrick, Manager City of Kalispell P.O. Box 1997 Kalispell, Montana, 59903-1997 Dear James: Thank you for coordinating a productive meeting for Randy McIntire, Terry Ervin, and me an Tuesday with Thomas Jentz, Charles Harball and yourself. We appreciated the cooperation and information which we received for our project at the Tidyman building site. Super 1 Foods, owned by Ron and Randy McIntire and their family, want to place a new store on this site. As we discussed., they own and operate large markets in Hamilton, Stevensville, Evergreen, Columbia Falls, Whitefish, and four in North Idaho. Their Company has earned the reputation of maintaining exceptional relationships with the residents in each community in which they operate, as well as quality products at very competitive prices. They are in the process of developing the design for the most modern, and state of the art store in the Northwest. In so doing they need to be able to have a sign close to Main Street which will allow people traveling on this avenue to see their presence. As you are aware, Tidymans, gave this site to the City of Kalispell in the early 90's for a park which did provide good visibility two their building. Vie appreciate the building codes and rules of the City regarding placement of signs and reader boards. We are asking, on Super 1's behalf to see if there is some means that we could purchase or trade for a narrow strip of land from the current West edge of the parking lot through the North edge of the Park to Main Street. If this is possible, this narrow Zane, approximately two feet in width, would not have to be disturbed with digging as new technology transfers the information to the sign by radio waves. A permanent easement could be given to the city for the continued use of this strip of Land by the Park. A parcel of land approximately 8 g 8 feet would be needed to place the sign at the West end of the Park. We would also be willing to trade the Railroad Right Of Way that we own on the Southwest corner of our properly to the City. It is our understanding that the city is desirous of building a linear park along the railroad right of way in the event that the Railroad ceases service along this line in the future. This land parcel is approximately 15 feet by 230 feet in length. We would like to return to your offices soon with some alternate sign designs and if possible meet with the city council in their work sessions to share the total perspective of the development and remodel of the existing building and site. If you have additional need for information, please call me and I will coordinate and provide it. Yours truly, William E. Shelby Encoe 1 +i 'i "s ��A�y►.i� "s �w_'�'� i��": `�� � M� w 1. { w A ..i dD do A Irk. L = wy= s # � air , jig rill all 42 -fir �+ w �.� Taw, •J par CQ r� z ,►-� r� yy `i � � � cv �L `•ir :. �"'"� w � +SUE �.�• � LO 0.4 z Ail —� w 0 "��0 j I E--441 s us rA zco �..�— A 64