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080603 planning . , CITY OF NEW HOPE . 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES August 6, 2003 City Hall, 7:00 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chairman Landy called the meeting to order at 7:00 p.m. ROLLCALL Present: Anderson, Barrick, Brauch, Buggy, Hemken, Landy, O'Brien, Oelkers Absent: Svendsen Also Present: Kirk McDonald, Community Development Director, Steve Sondrall, City Attorney, Vince Vanqer Top, Assistant City Engineer, Ken Doresky, Community 'Development Specialist, Pamela Sylvester, Recording Secretary CONSENT BUSINESS There was no Consent Business on the agenda. PUBLIC HEARING PCO3-10 Chairman Landy introduced for discussion Item 4.1, Request for Conditional Item 4.1 Use Permit to Allow a Motor Fuel Facility, a Convenience Store with Gasoline and Car Wash, and Site/Building Plan Revi~w, 9456 Medicine Lake Road, Sinclair Oil Corporation, Petitioners. . Mr. Kirk McDonald, community development director, stated that Sinclair Oil was requesting a conditional use permit to allow a convenience store with gasoline, a car wash, and site/building plan review. The property is in a CB community business district and is located at the northeast corner of Highway 169 and Medicine Lake Road. The site is surrounded by R~4 high-density residential apartments (Hillsboro Court) to the north and east,. residential properties across Highway 169 in the city of Plymouth to the west, and commercial properties to the south across Medicine Lake Road in Golden Valley. A small building is situated on a large site' containing 39,999' square feet or .9183 acres. The proposed building would contain 2,800 square feet, the car wash 960 square feet, and the canopy 2,448 square feet. With the new development, the green area would be 55 percent, building area 10 percent, and paved area 35 percent. The city's Comprehensive Plan identified this site as an area for redevelopment. Sinclair Oil Corporation proposed to construct a new convenience store, a car wash building, and other site improvements. McDonald stated that the petitioner submitted correspondence indicating that phase one would take place during the summer and fall of 2003 and phase two would be completed during the summer of 2004. The first phase would consist of removing the existing islands, dispensers, piping, underground storage tanks and installing new double wall fiberglass underground storage tanks, double wall product piping, pay-at-the-pump dispensers and a new canopy over the new dispensers. Two undergroundstprage tanks wpuld be installed: one 12,000- gallpn tank fpr one product and pne 12,000-gallpn cpmpartmentalized tank (7,000 and 5,000-galion compartments), which would .hold two products. There would be four dispensers with controls and electronics to accept credit . cards at the pump. A 24-foot by 102-fpot canopy on eight columns would cover the dispensers. Canopy lighting would consist of 16 lights mounted on the canopy deck. The lights would have flat lenses and be mounted flush with the canopy deck panels. Phase two would consist of constructing a new 35-footby 80-footconvenience , , store and a 24-foot by40-foot car wash building with all the related equipment and controls. The existing building would be removed. The final grades with all . curbing, paving and perimeter lights are to be completed as the buildings near completion. Landscapingwould be completed as the entire project is finished. Sinclair would operate the facility with company employees. Delivery of petroleum would be by Sinclair Trucking and Sinclair can control delivery of product to specific times of the day. With the proposed dispensing equipment, Sinclair would be installing the necessary controls to enable customers to purchase petroleum on a 24-hour basis. The necessary signage, shutoff switches, phone locations, etc. would be reviewed with city officials prior to installation during construction. McDonald added that the convenience store would offer cold and hot drinks with fast foods and general merchandise. Sinclair would not offer any outside display area or outside sales on a regular basis. If outside sales would be required occasionally, Sinclair would contact the city prior to the sales taking place. The car wash would operate in conjunction with the convenience store. Deliveries of supplies for the store and car wash would be accomplished through the front door of the store and the side service door of the car wash. Sinclair plans to make a substantial monetary investment at this site and operate it for many years. Property owners within 350 feet of the site were notified, including the cities of Golden Valley and Plymouth, and staff did not receive any comments. McDonald reported that the purpose of the site plan review is to insure that the purposes of the code are adhered to and that a comprehensive review of the site, building and development plans were made by the Planning Commission . and City Council prior to issuance of a building permit. The purpose of a conditional use permit (CUP) is to provide the city with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health, and safety. In making this determination, the city may consider the nature of adjoining land or buildings, similar uses already in existence, and the effect upon traffic into and from the premises. The Planning Commission should keep in mind that this is a redevelopment of an existing site with the same use. Motor fuel facilities are conditional uses and requirements include safety, compatibility, curbing, surfacing, green strip, canopy requirements, and. signage. Requirements for a convenience store with gasoline include sanitation, licenses, outdoor sales and display, and hours of operation. Car wash requirements include stacking, access and noise provisions. McDonald stated that city staff and consultants .and the Design and Review Committee reviewed the plans. Revised plans were submitted as a result of those meetings, and included the following data. All setback requirements for the convenience store, canopy and car wash are compliant with code. A survey of the property noted two existing encroachments on the property. Paving on the west property line would be removed with phase two. The drive aisle paving from the apartments to the north encroach slightly over the property line and this condition would remain unchanged. The survey noted that the Hennepin County parcel map and adjoining legal description refer to a seven-foot road easement along the south line of the property; however, the certificate of title does not mention this easement. A condition of approval would be to clarify this discrepancy. The applicant shpuld provide the city with . documentation regarding whether any site contamination exists due to current or previous uses. The proposed canopy over the pump islands complies with the setback, height, clearance and façade height requirements of the code. The canopy would be 16 feet high by 24 feet wide by 102 feet long. The face would be three feet in height per code requirements. Motor fuel stations are Planning Commission Meeting 2 August 6, 2003 , required to have at least five off-street parking spaces plus three off-street parking spaces for each service stall. There are no service stalls with this . proposal; therefore, five parking spaces are required for the motor fuel station use. Parking at the pump islands fulfills this requirement. The convenience store requires one off-street parking space for each 200 square feet of area. The ,convenience store has 2,520 square feet of net floor area and would require a total of 14 parking spaces. There are 13 regular spaces plus one ADA parking stall with ramp provided in front of the convenience store. Drive aisles and curb cuts have been sized to accommodate truck maneuvering. The curb cuts are proposed to exceed 26 feet in width and require city engineer and city manager approval. The east curb cut is proposed at 42 feet and the west curb cut at 32 feet. Due to the site being redeveloped, the accesses are subject to Hennepin County appr~)Val. McDonald reported that the proposed convenience store would have a red brick exterior finish. The building would be one story or 19 ~ feet tall. Theroof on both the store and car wash would be green metal. The car wash building would be 17 feet in height and the building elevation indicated that the exterior finish would be compatible with the store. The trash enclosure, located on the west side of the car wash stacking entrance, would be a six-foot high red brick wall with a wood gate at the front and be approximately. 77 square feet. A decorative cap would be placed on top of the enclosure wall. The 13-foot by 24-foot mechanical enclosure at the northeast side of the convenience store would be brick. The entryway would extend forward and be mostly glass with a 15.2 square foot wall sign above glass double doors. Two single doors would be on the rear of the building to access the mechanical area and one for an emergency exit. There would be four windows on each side of the entryway. Car wash exit and entrance doors would be nine feetwide by ten feet tall and appear to be glass, which should be clarified. The convenience store would . include a cashier area, food and drink sales, food counter, accessible restrooms, coffee bar, four booths, walk-in cooler, backroom office, and storage area. The fire department connection would be located in the northeast corner of the building. There are apartment garages to the north of the property and an apartment building to the east. Screening of the proposed Sinclair parking lot and stacking space would be required. Nine Austrian pine trees would supplement the existing Russian olive trees along the north property line. A six-foot high cedar fence was proposed along much of the east property line for screening. The fence must provide a complete visual screen to a minimum height of six feet. The fence should extend at least 25 feet further south than what is shown on the site plan to provide screening of bollard lights. Norway maple trees are proposed west of the fence. Three' additional Norway maple trees should be provided along the extended fence on the east property line. The landscape plan indicated an irrigation system would be installed. The sod in the boulevard area along Medicine Lake Road should be replaced and the sidewalk should be repaired or replaced in phase one of the project. All disturbed areas would receive sod. Four areas are proposed for snow storage along the north and west property lines. Canopy lights are proposed to have flat lenses with recessed lights. The canopy details note that only the Sinclair sign and logo would be illuminated, and the green stripes and white fascia would not be illuminated. McDonald reported that the planner had indicated in his report that the proximity of lighting to the adjacent multiple-family residential use east of the property was a concern. The lighting plan had been revised to replace pole lights with . bollard lights, and although this has reduced. the light intensity, the maximum intensity of one foot candle at the property line is exceeded adjacent to the bollards. To reduce the light level to an acceptable level, staff recommends extending the fence along the property line at least 25 feet further south than Planning Commission Meeting 3 August6,2003 , what is shown on the site plan and designing the bollard lights to direct lighting only to the west. Extending the fence would screen the bollard lights from the . apartment building. McDonald continued by saying that a fire department connection had been provided at the northeast corner of the building in a storage area. The area adjacent to the fire department connection would be striped and signed as a fire lane. A "no parking" sign would be installed at the front of the lane. Three "no parkinglfire lane" signs would be installed south of the trash enclosure. The proposed fuel dispensing equipment would be operational 24 hours per day. Signage for the fuel dispensers must comply with the fire code regulations. Based on occupancy, a second. building exit is required and illustrated on the north wall. The building would have a sprinkler system. Wall and canopy signs comply with the city's. standard for sign and number. Canopy signs are not allowed to exceed 16 square feet each and are included in the total area of wall signage. None of the proposed canopy signs exceed 16 square feet. There is a limit of one canopy sign per canopy fascia fronting onto a street. The.signage shown. on the exterior site elevations complies with this requirement, however, the sign age shown on the canopy details sheet includes the Sinclair sign and logo on the west side of the canopy. To comply with canopy sign limits, either the sign or logo must be eliminated. The existing freestanding sign is proposed to remain and complies with setback and area requirements. The. plan identifies that the Sinclair sign and logo on the canopy and above the front door would be illuminated. The illuminated canopy signs are located on the south and west elevations. McDonald added that the building official noted in his comments that the back room could not be used for a storage room if it would be utilized as a second . required exit for the convenience store. An alternate location for the second exit would be at the west end of the building near the restrooms. This change could be made on the plans that are submitted with the building permit review. The fire department made a number of recommendations related to the sale of gasoline and 24-hour dispensing, as noted in the planning report. McDonald stated that staff felt this proposal for redeveloping the site was good and that the petitioner had done a good job addressing a majority of the issues raised by staff and consultants. He stated that staff was recommending approval of the site plan and conditional use permit, subject to the conditions in the staff report. Mr. Vince VanderTop, assistant city engineer, stated that the applicant had been very responsive with the issues raised by engineering staff and the public works department. VanderTop noted that the driveway access points were wider than what was referenced in the ordinance. From a city engineering standpoint, there is no issue with this and the driveways are similar to existing. However, one requirement would be that a driveway permit be acquired by the applicant from Hennepin County as this is a county roadway and it could be. perceived that the construction was changing conditions. He stated that the city would support any requirements or recommendations of Hennepin County. Public works raised the issue that the existing sanitary sewer may be insufficient or old. Replacement of or evaluating the system would be required. The sprinkled building would require a new water service and should be . coordinated through public works. VanderTop continued by saying this site contains just under an acre in area. The drainage from this site now flows to a catch basin in Medicine Lake Road and this catch basin flows through a pipe under Medicine Lake Road to Planning Commission Meeting 4 August 6, 2003 . another catch basin on the south side. From there the water either goes south into a Golden Valley system or the Highway 169 storm sewer system. . Ultimately, the water ends up in the Medicine Lake watershed system. There are storm water quality and quantity requirements for all properties in the city. It is important for this site to meet these requirements as the water leaves the city. Due to the layout of this site, there was not room for the traditional NURP pond. There is a low area at the southwest corner of the property, which would hold the storm water. The applicant was able to demonstrate that they could meet the quantity requirements so the water could be held back and released at a limited rate and there would be no flooding downstream. There was no wet volume to meet water quality requirements. Other options were discussed at Design and Review and the plans show a rainwater garden concept. This concept is new to the city mainly because New Hope's soil is not conducive to this type of treatment. This particular design is similar to a design produced for the Minnesota Landscape Arboretum. Ina typical NURP pond, the water is trapped and sits there for such a time that the pollutants can settle out or the phosphorus and nutrients are taken up by plants before the water is released. This rainwater garden pond does not have that wet volume, and would essentially be a dry pond. The pond would be over-excavated, a filter fabric installed over the clay, and 18 inches of sand would be put in with four inches of topsoil over the sand. This area would be planted with specific plantings for the garden area. The water would run off the parking lot, be trapped in' this area, infiltrate into the sand layer and be taken up by the plants. There is a draintile in one area that would connect to the catch basin. Ideally the draintile should be located in the bottom of the pond to pick up all the drainage, however, in this case the draintile would be located just above the bottom of the pond, due to the elevation of the catch basin. Under typical conditions, the pond would be dry with plantings along the bottom. There would be B612 curbing around the parking lot, which is typical of all commercial properties. . The city asked the applicant to provide, for the area adjacent to the pond, a ribbon or surmountable curb so that the water would sheet drain from the parking lot over the curb into the low area. There would not be one point source into the pond, the water would be distributed over the curb the length of the pond. There would be low grow plantings conducive to this environment and the plantings would stabilize the embankment and helpdisb~rse the flow from the parking lot. There would be native seed mixes used in the planting area, which would be left natural (not mowed). VanderTop added that this type of treatment has worked well in other areas. Commissioner O'Brien inquired on the cleaning of this type of pond. VanderTop replied that a condition of approval would be for the applicant to provide a drainage and utility easement over the pond, the same as NURP ponds, and to execute a maintenance agreement with the city. VanderTop added some maintenance would be required, the same as any other pond, in approximately ten years to clean the sediments from the pond and then adding more seed mix and plantings. Mr. Larry Feldsien, engineer for this area for Sinclair Oil Corporation with offices in BurnsviUe, came to the podium to answer questions of the Commission. Feldsien commented that he had enjoyed the process and the good discussion at the review meetings. He stated he had met with a representative from Hennepin County to review the driveway issue. Hennepin County had suggested increasing the radius going out onto the highway, and Sinclair . would be applying for a permit. Feldsien commented that they would be installing a new water and sewer service with the project as well as final grading at the end of the project. He stated that would be happy to replace the sidewalk and sod along Medicine Lake Road during phase two. He clarified the signage on the canopy by saying that the logo would be on the Highway Planning Commission Meeting 5 August 6, 2003 169 side of the canopy and the Sinclair sign would be on the Medicine Lake Road side of the canopy. . Commissioner Oelkers asked whether the petitioner was agreeable to adding another 25 feet of fence and additional trees along the east side of the property, as recommended by staff, and Feldsien responded in the affirmative. He also pointed out that the proposed snow storage was in the same location as the newly planted trees. VanderTop indicated that the snow storage areas should be moved so as not to interfere with the new trees. Feldsien responded that if there was a lot of snow it could be removed from the site or the snow storage area could be moved to between the trees. Commissioner Buggy questioned the white side wall for the west elevation and was informed this was a printing error. Commissioner Hem ken inquired as to the 24-hour operation and whether all of the lights would be on during the night when the pumps were operating. Feldsien responded that some of the lights would be on but not all of them. It was confirmed that there would be no on-site staff during the late night hours. Hemken wondered whether the gas station would remain open during removal of the old building and construction of the new building. Feldsien replied that the new building would be constructed further back on the lot and they hoped to remain open during the construction process. After the new building was completed, they would remove the old building. He added that if a situation arose that was not safe for customers, they would close down fora short period of time. Commissioner Barrick wondered how loud noise from radios, etc. would be controlled during nighttime hours when no staff was present, and whether . appropriate signage may be erected stating radios must be turned Off. Feldsien stated that noise had not been a problem at other locations. Engines must be turned off during the fueling process. Commissioner O'Brien raised the issue of cleaning general debris from the site and, in particular, the ponding area. Feldsien responded that Sinclair employees are instructed to keep the lot clean and the ponding area would be part of the lot that would be kept free of debris on a regular basis. VanderTop reiterated that the intent of the ponding area would be an amenity for the area. It would be Sinclair's property and maintained by them, not the city. There would be an easement over it. A maintenance agreement would be ) executed so that in the event the pond became unsightly with debris, the city could require the owner to clean it, and if they did not, the city could clean it and assess the cost to the property owner. It was clarified that the car wash would operate during normal business hours, which would be 7 am to 11. p.m. It was confirmed that the car wash doors close automatically when the wash cycle starts. There being no one in the audience to address the Commission, the public hearing was closed. Motion by Commissioner Buggy, seconded by Commissioner Hemken to close the Public Hearing on Planning Case 03-10. All voted in favor. Motion carried. . MOTION Motion by Commissioner Oelkers, secondedby'CommissionerO'Brien, to Item 4.1 approve Planning Case 03-10, Request for Conditional Use Permit to Allow a Motor Fuel Facility, a Convenience .Store with Gasoline and Car Wash, and Site/Building Plan Review, 9456 Medicine Lake Road, Sinclair Planning' Commission Meeting 6 August 6, 2003 Oil Corporation, Petitioner, subject to the following conditions: . 1. Execute development agreement with city and provide appropriate bond for security (amount to be determined by building official and city engineer). 2. Comply with city engineer recommendations, including a drainagè and utility easement over the rainwater garden and execute a maintenance agreemènt with the city. 3. Comply with building official recommendations. 4. Comply with recommendations from West Metro Fire-Rescue District. 5. Comply with recommendations contained in planner's report including: A. Before a building. permit is issued, the applicant must either provide proof that a seven.,foot road easement exists along the south line of the property or that easement must be created. B. The applicant must provide the city with documentation regarding whether any site contamination exists due to current or previous uses. C. Accesses onto County Highway 70 (Medicine Lake Road) are subject to Hennepin County review and approval. Curb cuts exceeding 26 feet in width require city engineer and city manager review and approval. D. The applicant must provide information about car wash water consumption. E. Three additional Norway maple trees should be provided so that Norway maple trees are planted along the entire east . property line. F. The proposed cedar fence must be designed to provide complete visual screening to a minimum height of six feet. The fence must extend at least 25 feet further south than is shown on the site plan to screen bollard lights. G. As part of Phase 2, all of the grass in the boulevard area be replaced with sod and the sidewalk be repaired or replaced as necessary. H. A detailed drawing of the proposed bollard lights must be submitted and is subject to city review and approval. I. Only one canopy sign per canopy fascia fronting onto a street is allowed. Each sign may not exceed 16 square feet in size. J. The convenience store must be sprinkled, which will require installation of a six-inch water service. The car wash will require a two-inch water service. The sewer connection must be replaced when the building is replaced. K. Signage for the fuel dispensers is subject to the review and approval of the fire marshal. 6. All outside sales will receive approval from the city. 7. Adjust snow storage away from the new trees along the north property line. Voting in favor: Anderson, Barrick, Brauch, Buggy, Hemken, Landy, O'Brien, Oelkers Voting against: None Absent: Svendsen . Motion carried. Landy stated that this planning case would be considered by the City Council on August 11 and advised the petitioner to attend. Planning Commission Meeting 7 August 6, 2003 PC03-14 Chairman Landy introduced for discussion Item 4.2, Request for a Variance to . Item 4.2 Allow Construction of a Freestanding Sign Three Feet From the Property Line, 9400 36th Avenue North, Randy Rau/Brooklyn Center Service Inc./The Perfect Car Wash, Petitioners. Mr. Ken Doresky, community development specialist, stated that Mr. Rau was requesting a seven-foot variance from the 10-foot setback requirement to allow construction of a freestanding sign three feet from the property line. The property is located in a CB community business district, at the northwest corner of 36th and Jordan avenues. Adjacent land uses include the Post Haste Shopping .Center abutting the site to the north, Boger Dental to the south across 36th Avenue, single family to the east, and single/two family to the southeast and southwest across 36th Avenue. Highway 169 and the city of Plymouth is located to the west of the shopping center property. The site contains 36,000 square feet and the existing building/car wash cOntains 10,103 square feet. The total green area contains 6,305 square feet and the paved surface area is 19,592 square feet. The service station was constructed in 1967. When the shopping center was constructed in 1972, an agreement was reached to permit the gas station to erect a pylon sign on the shopping center property for visibility toward Highway 169, which was a permitted non- conforming sign. In 1990, approval was granted for a new Holiday station/ convenience store/car wash, and in 1991, a variance was approved to expand the non-conforming sign. In 1996, CUP approval was granted to allow expansion of the car wash. Doresky reported that the owner of the gas station/car wash desireçl to change the sign from the current Mobil name to Shell. The application submitted information for comprehensive sign plans for the site and requested a . variance to allow the freestanding sign to be placed three feet from the south property line. According to the Zoning Code, the' purpose of a variance is to permit undue hardships or mitigate undue non-economic hardship in the reasonable use of a specific parcel of property and where circumstances are unique to the individual property, and granting the variance was demonstrated to be in keeping with the spirit and intent of the code. The applicant stated in correspondence that the variance. hardship was dictated by site design and the need to preserve existing. trees along the ooulevard. Mr. Rau indicated that he would remove the non-conforming off-site. sign in exchange for the proposed freestanding signage. The applicant proposed to remove the existing signs and replace them with two wall signs, canopy signage and one freestanding sign. The approvals required for this request are: sign plan approval and sign variance for the freestanding sign three feet from the property line. Doresky stated that the petitioner had indicated in correspondence that it had been 12 years since the gas station/convenience store/car wash was constructed and he wanted to make a change and improve the entire site. A variance was needed so that the new sign could fit perpendicular to 36th Avenue. If the sign was installed parallel to the property line in order to meet setback requirements, two mature trees would have to be removed. Along with the new signage, the petitioner indicated he would remove other old signage. The complete building and canopy would be painted and new fascia installed. New gas pumps and pump islands would be replaced. Property owners within 350 feet were notified, including the city of Plymouth, and staff did not receive any comments. . Doresky explained the sign code criteria involved in the review of the request was included in the report. He pointed out that §3-40(k) - sign variance, states where there are practical difficulties or unnecessary hardships in carrying out the strict letter of the provisions, the City Council has the power to vary the Planning Commission Meeting 8 August 6, 2003 . requirements in harmony with the general purpose and intent hereof. A variance may be granted based upon the following conditions: 1) unique . conditions to a particular parcel of land, 2) purpose of the variance is not based exclusively on a desire to increase the value or income potential of the businesses involved, 3) the hardship is caused by the sign code and has not been created by any persons having an interest in the parcel, 4) the granting of the variance would not be detrimental to the public welfare, 5) that the variance would not impair an adequate supply of light and air to adjacent property, and 6) that. the variance would not impair or increase the congestion of the public streets or interfere with the function of the police and fire department of the city. Doresky reported that city staff and consultants and the Design and Review Committee reviewed the plans. Revised plans were submitted as a result of those meetings. According to the sign code, not more than two wall signs are allowed per building. The total area ofthe Wall signs should not exceed 15 percent of the front face of the building in a commercial district or 250 square feet. The revised plans showed two wall signs. The car wash wall sign would read "Perfect Car Wash" in blue letters and would be 36 square feet in area. A red sign band would continue around the face of the building. The second wall sign would read "Food Marf' in blue letters and would be 21 square feet in area and a red sign band would continue aroUnd the face of the building. The sign code states that canopy signs should not exceed 16 square feet and one sign per canopy fascia fronting a street. There would be two canopy signs, one facing west and one facing south. The signs would not exceed 12 square feet and would be compliant with code. The canopy has frontage on 36th Avenue. The second canopy sign would face Highway 169. Due to the fact that this property is on a corner lot, staff determined that the canopy signage was appropriate. The plan indicated that the Shell signs would be incorporated . into the colors that run along the canopy fascia. The Shell letters would be red and a red band would continue around the fascia. The background of the fascia would be yellow. Staff recommended that only the signs "Shell" be illuminated. The balance of the canopy.fascia should not be illuminated. The sign code states thaìone freestanding sign would be allowed per lot and could contain 100 square feet. The freestanding signage is proposed at 115 square feet. Staffs interpretation of the code is that the applicant would be entitled to the 100 square feet for business identification plus 16 square feet for the gas sale sign, for a total of 116 square feet, therefore, the proposed freestanding sign would be compliant. The applicant desired to locate the sign along 36th Avenue within a landscaped island between the two curb cuts. The sign is 12 feet in width and would be located within three feet of the south property line, with a seven-foot variance requested. The total height of the proposed sign, including .the 1.5- foot base, would be 11 feet. There would be a brick base to match the exterior of the principal structure. The total height including the base meets code requirements. The sign would have a metal face and metal frame with plastic letters. The colors of the sign would be yellow, red and white, and the content would contain "pay at the pump," "Perfect CarWash," gas prices and the Shell logo. Doresky stated that the plans showed the location of the trees and the proposed sign. He explained staff had concerns regarding the canopy of the trees and the sight lines of the proposed signage. If the existing trees need to be trimmed back to improve sight lines, the applicant would need to submit a plan for city review detailing the areas to be trimmed. The site is part of a larger shopping area with limited space for new signage. Due to the site configuration and access points and the elimination of a pylon sign on the site, . the request meets the variance requirements outlined in the code. A variance had been granted for the pylon sign, however, that variance would expire with the construction of the new freestanding sign and removal of the pylon sign as proposed. . Planning Commission Meeting 9 August6,2003 . Doresky added that in addition to the change over in the existing signage on . the site, the applicant was proposing to remove the 200 square foot pylon sign located at the comer of Highway 169 and 36th Avenue. He stated staff felt that was a major incentive for considering the sign variance. In addition to the removal of the oversized sign, the applicant would be required to remove the existing pylon sign on site in exchange for the new freestanding monument sign. No change in landscaping was proposed with this request. The building official indicated in a memorandum that the applicant should provide elevation drawings of the sign in relation to the existing trees and to indicate the existing trees would not be removed once the sign was installed. Doresky stated that the applicant did submit a plan that showed where the sign would be on the site, the location of the trees, the edge of the sign into the drive aisle area, and indicated the line of sight. Staff would recommend that the city attorney prepare an agreement guaranteeing the removal of the pylon sign. Doresky stated that staff was recommending approval of the request, subject to the conditions in the report. Mr. Vince Vander Top, assistant city engineer, commented that the city had a recent survey of the property completed at the time of the 361h Avenue improvements. The curb and gutter lies approximately 16 feet from the property line, so with the sign at three and one-half feet from the property line, there is a distance of 19 feet from the edge of the sign to the curb. In his opinion, that would be adequate distance for sight lines. VanderTop suggested that the applicant should determine whether there are any underground lines in this area before digging. Mr. Randy Rau, owner of The Perfect Car Wash at 9400 36th Avenue North, . came fprward to answer questions of the commission. Rau stated that he felt it was time to create a new image for the site and new Shell signage. The sign was to be situated perpendicular to the street rather than parallel, which was the reason for the variance. He stated that the old pylon sign had been removed as of the beginning of August. Discussion ensued on whether or not there was signage for the bait he sold and the commission was informed that there would be no signage for bait. Commissioner O'Brien wondered what sign had been removed and was told that the non-conforming sign on the shopping center property had been removed. O'Brien pointed out that other Shell stations have the entire band around the canopy illuminated. Rau stated that due to the fact that the city does not allow the band to be lit, light bulbs would not be. placed in that area. He stated he had stations in several other cities that do not allow the band to be illuminated, so he felt that would not be a problem. Rau indicated that the two Shell signs are illuminated. Discussion ensued on the height of the monument sign and it was confirmed the sign would be 11 feet tall. Rau reported that the sign would fit under the limbs of the trees. He indicated that it may be possible that he could have the sign lowered by one foot, if the Commission desired. It was confirmed that the sign would be set back a sufficient distance for visibility exiting the driveways. There being no. one in the audience to address the Commission, the public hearing was closed. . Motion by Commissioner Oelkers, seconded by Commissioner Buggy to close the Public Hearing on Planning Case 03-14. All voted in favor. Motion .carried. Planning Commission Meeting 10 August6,2003 . I MOTION Motion by Commissioner Brauch, seconded by Commissioner O'Brien, to . Item 4.2 approve Planning Case 03-14, Request for a Variance to Allow Construction of a Freestanding Sign Three Feet from the Property Line, 9400 36th Avenue North, Randy Rau/Brooklyn Center Service, IncJThe Perlect Car Wash, Petitioner, subject to the following conditions: 1. Comply with city engineer's recommendations dated July 30, 2003. 2. Comply with building official recommendations and obtain necessary permits. 3. The canopy signagestating "Shell" will be illuminated. The sign band along the balance of the canopy fascia shall not be illuminated. 4. Prior to the completion of the freestanding sign, the non- conforming off-site pylon sign located at the southwest corner of the PostHaste Shopping Center shall be removed. Staff to verify this has been completed in an appropriate manner. The 1991 variance approving that signage be removed from the records. 5. A detail oftheproposed monument sign in relation to the existing trees be submitted to staff prior to construction. 6. Trimming or removal ofthe existing trees to improve sight lines of the new sign shall require approval from city staff. Voting in favor: Anderson, Barrick, Brauch, Buggy, Hemken, Landy, O'Brien, Oelkers Voting against: None Absent: Svendsen . Motion carried. Landy stated that this planning case would be considered by the City Council on August 11 and advised the petitioner to attend. Design and Review Oelkers reported that the Design and Review Committee met with the Committee petitioners to review the plans. Item 5.1 McDonald added that staff did not expect any applications to be submitted for the September meeting. Codes and Standards Hemken reported that the Codes and Standards Committee did not meet in Committee July. A meeting had been scheduled for August 28. Item 5.2 OLD BUSINESS Landy questioned the reason the City Council. had denied the Klipstein Miscellaneous Issues variance request. McDonald reported that' the Council did not feel the front yard setback was appropriate and left the door open if Klipstein wanted to submit a revised plan. The vote was unanimous. Landy reported that the City Center Task Force would be meeting on August 7 to review and narrow down concept plans. The task force would be preparing for the open house to be held on September 18; from 5:30 to 8 p.m. McDonald invited all of the commissioners to attend the open house. Hemken questioned what had happened regarding the transit shelter issue . and McDonald responded that it was on hold and would be brought back to the Codes and Standards Committee at a later date. The issue of temporary signs in the boulevard was briefly discussed. Planning Commission Meeting 11 August6,2003 , . NEW BUSINESS Motion was made by Commissioner Buggy, seconded by Commissioner . Barrick, to approve the Planning Commission minutes of July 8, 2003. All voted in favor. Motion carried. City Council and EDA minutes were reviewed. Commissioner Brauch initiated discussion on the Council minutes of June 23, specifically the second hand dealers'licenses. He stated he had been contacted by the owner of Down On 42nd Avenue consignment shop, who was very upset with the outcome of that issue. She indicated to him she was considering moving her business out of the city because of it. Her store had a 12 year history in the city, had no problem with police calls, clothing was dropped off by appointment and now, because of this ordinance, she would be forced to pay a licensing fee and an annual. fee every year thereafter. Brauch indicated he felt this was poor legislation and may drive businesses out of the city. McDonald added that Brauch's viewpoint had been brought forward to the City Council. ANNOUNCEMENTS McDonald announced that the Culvers/office condominium development at 42nd and Quebec avenues would be on the October Planning Commission agenda. He also announced that the City Council had come to terms with Ryland Homes and this development would be moving forward this fall. ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:25 p.m. Respectfully submitted, . ~~ Pamela Sylvester Recording Secretary . Planning Commission Meeting 12 August6,2003