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HomeMy WebLinkAbout03-04-2009MOUNDS VIEW PLANNING COMMISSION REGULAR MEETING AGENDA March 4, 2009 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: A. December 3, 2008 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the minutes.) 5. Planning Cases A. VR2009-001 - Consideration of a Variance for Increased Wall Signage for KFC at 2213 County Road 10 Applicant: Wagstaff Minnesota, Inc. Address: Eagle, ID 83616 6. Other Planning Activity A. Proposed Code Amendment —Conditional Use Permits (Dynamic Display Signs) 7. Next Planning Commission Meetings: A. March 18, 2009 B. April 1, 2009 8. Adjourn to Agenda Session Agenda Session 1. Review Minutes: a. February 4, 2008 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners' Reports 4. Meeting Conclusion Item No: 5A Meeting Date: March 4, 2009 Type of Business: Public Hearing City of Mounds View Staff Report To: Mounds View Planning Commission From: Ken Roberts, Community Development Director Item Title/Subject: Public Hearing and Consideration of a Variance to Allow an Increased Amount of Wall Signage for KFC Restaurant at 2213 County Highway 10; Planning Case VR2009-001 Introduction: Kentucky Fried Chicken (KFC) Restaurant, represented by Denman Wagstaff, has requested a variance to allow for an increased amount of wall signage on their building at 2213 County Highway 10. KFC remodeled their restaurant in 2008. As part of this work, the contractor installed several new exterior signs. Unfortunately, the contractor did not get a permit from the City to install the new signs. After City staff discovered the new signs, the sign contractor applied to the City for a permit for all the new signs. It was during the staff review of the sign permit application that the City determined that KFC had too much signage on their building. The property owners want to keep all the signs (a total of 193 square feet) that are now on the building. The City Code allows each business/tenant to have up to 100 square feet of wall signage, thus the variance request. Discussion: The Sign Code limits building mounted signage to exceed 100 square feet per building occupant. In most cases, 100 square feet is more than adequate, although issues have arisen regarding end spaces at the retail malls and for stand-alone buildings with multiple frontages. In this case, three sides of the KFC building are visible from the street since the building is near the intersection of County Highway 10 and Quincy Street. The Mounds View City Code makes no exceptions for multiple building elevations, thus limiting each tenant to 100 square feet. As I noted above, KFC wants to keep all five wall signs that are now on the building. These signs have a total area of 193 square feet and include: 1. A 83 -square -foot wall panel (that is above the doors) 2. A 18 -square -foot channel letter sign (that is above the doors) 3. A 9 -square -foot KFC channel letter sign (on the side of the building) 4. A 35 -square -foot KFC Tower Sign (on the front of the building) 5. 48 square feet of Expression panels (on the sides of the building). I have included copies of the sign plans and the wall elevations with this report. Similar Requests: The City has approved sign variances for Budget Liquor, Mario's Video, Aldi and in 2008 for Totino's. These approvals were for additional signage at Mounds View Square. (All leased KFC Sign Variance Report March 41 2009 Page 2 space at either end of the center.) The City also has approved sign variances for the Abbey Carpet building, Carmike Wynnsong Cinema and C.G. Hill & Sons for signage in excess of 100 square feet. The City allowed the. Mermaid, through its PUD, to have signage in excess of the City's requirements. Variance Considerations: For the City to approve a variance, the applicant needs to demonstrate a hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive. Minnesota statutes require that the governing body (the Planning Commission, in this case) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The criteria are as follows: 1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. A variance for additional signage is unique among the spectrum of possible variances in that the Sign Code is not a part of the Zoning Code; rather it is a chapter within the building code. The building code, however, indicates that the City handle any requested deviations as the City would handle a deviation from the Zoning Code. The City Code limits the amount of exterior building mounted signage to 100 square feet per building occupant in industrial and other commercial districts, regardless of the building mass—its height and length. Some sign codes from other cities allow for greater sign area for multiple building fronts while others allow more based on wall area. Mounds View's code simply limits each building occupant to 100 square feet of sign area. The somewhat exceptional or extraordinary circumstances involving this property are the direction that the building is sitting on the property. While the building was placed on the lot so that the front (shorter side) is facing toward County Highway 10, the longer and more visible sides of the building are perpendicular to County Highway 10, rather than out toward the highway. The elevation of the lot above County Highway 10, along with the angle of County Highway 10, limits the amount of wall signage that one can see from a public street. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The literal interpretation of the provisions of the Zoning Code would not necessarily deprive the applicant of rights enjoyed by other properties in the same zone, however denying the request would put the owners in an unfavorable position based upon the City's past practice of approving reasonable signage variances. KFC Sign Variance Report March 4, 2009 Page 3 3. That the special conditions or circumstances do not result from the actions of the applicant. The special conditions do not result from the actions of the applicant. However, the actions of the owner's contractor did result in the placement of the signs on the building before City approval. 4. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting the variance would not conferupon the property ownera special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their business. Neither would such approval confer a special treatment as the City has granted similar reasonable variances in the past. 5. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. Allowing for an additional 93 square feet of sign area would be the minimum the applicant needs to keep the existing signs on the building. 6. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. Granting a variance to allow an additional 93 square feet over the allowed amount of building mounted signage for a business with multiple visible elevations would not be materially detrimental to the purpose and intent of the building code. There have been no objections raised up to this point from any of the adjoining property owners. Given the building's size, the additional 93 square feet sign of sign area does not appear excessive. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The requested variance would not result in any of the above-cited adverse effects. Deadline for Action: The City accepted this application on February 9, 2009 and in accordance with MN Statutes §15.99, the City must make a decision about this request within 60 days of the City accepting the application. The deadline for action on this request is April 8, 2009. Summary: City staff sent notices to all property owners within 350 feet of 2213 County Highway 10. Staff has not received any comments to date. KFC Sign Variance Report March 4, 2009 Page 4 This variance request presents challenges for the City. It is unfortunate that the contractor installed the signage on the building without getting City approval. Now that the signs are in place, it is the opinion of staff that the proposed variance should not be detrimental to the purpose and intent of the City Code. This is because the additional signage is on a freestanding building on County Highway 10 and that some of the signage is not typical advertising (as it has artwork and graphics and small amounts of lettering). All of the City criteria, as indicated above, appear to be satisfied which would allow for the granting of the variance. Alternatives: After holding the public hearing and taking testimony from staff, the applicant and nearby property owners, the Commission can take one of the following actions related to the request: 1. Approve the variance as requested. I have attached Resolution 899-09 for the Commission's approval if that is the chosen course of action. 2. Deny the requested variance. To move forward with this option, the Commission should move to direct staff to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If the Commission needs more information before they make a decision or if they need time for more discussion, the Commission can move to table the request until such information has been provided. Recommendation: Approve Resolution 899-09 approving the requested sign variance for Kentucky Fried Chicken. rf� Ken Roberts — Community Development Director Attachments: 1. Planning Application (2 pages) 2. Applicants Statement 3. Location Map 4. Aerial View Map 5. Sign Information (12 Pages) 6. Resolution 899 - 09 Jan 27 09 05:38p Wagstaff Management 559-582-4910 p.2 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING APPLICATION 2401 County Road 10, Mounds View, MN 55112 J (763) 717-4020 F lDerE"'PartncYt�F` Fax 763 yl7-`l01� Please Type or Print Information - Complete Both Sides of This Form Applicant Name of .Apl Address E-mail: #555 OadaSS r Interest in Property (check appropriate box) 13 Contract for Deed Owner Owner of Properly �] Lessee, Operator, Manager ❑ Agreement to Purchase ❑ Other (explain) Applicants mustprpvide evidence ofi,7tere.Ft in property at the time ofappfication, andif you are not the owner Df the property, you must either provide a letter of permission from Nae owner giving consent to the filing of this application or the property ownermust sign this appficallon forit to be accepted. Property Description/ Proposal Address or General ! ocation _ Legal Description Property Identification # (PIN r os Acres Current Zoning Type of AF-"-'" rofm�cn rhPrk rhe aoorooriate boxes): 5s 11 a ?aae I o Jan 27 09 05:38p Wagstaff Management 559-582-4910 p.3 Application fees are non-refundable. Present Use of Property -ISF O� Property Classification ❑ Abstract ❑ To rrens Description of Proposal (attach additional supporting documentation if necessary) Please Nate: Application feces are nonrefundable. Applicants are responsible for all costs in erress o. the application fee inured by the Oty in the processing of this applicaCon_ Sunt excess fes are to be paid upon receipt of tatement from the City of Mounds View. Excess fees may include, but shall not be limited to, photocopy cows, staff time, and fees for planning consultants, attorneys and engineers In some cases, a deposit may be required in advance to cover any anticipated excess costs associated with this aapliation. (If a deposit is required, the applicant shall remain esponsible for all reasonable incurred mss it excess of the application fee and deposit amount) I ACKNOWLEDGE THAT 1 have read all of the information listed in the Planning Applica`on and fully understand that I am responsible far all costs incurred by the Ci eia:ed to the processing of this application. CD Aopricant /` Date BY MY (OUR) SIGNATURE ON THIS APPLICATION, I HEREBY DECLARE THAT, TO THE BEST OF MY KNOWLEDGE, THE INFORMATION PROVIDED IS TRUE AND ACCURATE. Name of App x Signature of. Name of Prof Y Signature of / Address of 0 Phone Numb E-mail of OW #zxxf-'X#%##�k*#*+K#1###•F#*x*###X�k*#*#�sx#x**:kMt*#ie>k###�aK#Y*c**.K*#�k#�'#*#*t*,k###z###�Y ##X#3� FOR OFFICE USE ONLY Date of Submittal .i - 9 - n !f Date of Acceptance: 60 -day Limit 120 -day limit: Planning Case No(s) 1,4kl u D -dG I Assigned to: Application: Park Dedication: Deposits: Other: Total: Fees Paid: Account # Check # Receipt # 315•,6 Flo -Acid JA-IIA3S Pie 2 of City of Mounds View, MN k 2 RE: Sign Permit Variance for KFC, 2 Hwy 10, Mounds View, MN From: Mary Ann Wells @ Awningtec USA, 3265 Hwy 62 NW, Corydon, IN 47112 (Sign Supplier) We are applying for sign permit variance due to being over the allowed 100 sq ft of signage for this site. (193 total) This is a free standing building with multiple sides being visible from the highway: due to the buildings position on the property. It is challenging to determine which signs to omit, thus this variance in the hopes of keeping all signage. Below are our thoughts: 1. In error we included the 2 pc Double Expression Panel @48 sq ft. It should not have been submitted for permitting as it is a graphics panel. This item is non -branded and contains no wording. In speaking to Heidi at The City of Mounds View she was uncertain if signage or graphics thus included the item for permitting. After discussing with her it was agreed it should not have been included in the total signage sq. ft. (145 sq ft total if removed) 2. The Billboard Panel with graphics @83 square feet is a non -intrusive flat panel with "Welcome to Mounds View, MN" graphics welcoming patrons and passersby not only to the business but also to the community of Mounds View, MN. The Billboard Panel is non -branded nature : exception - the Bucket Sign shares 24 sq ft of visual area on the billboard. a. Additionally, the channel letters on the entry canopy in front of the billboard panel shares 16 sq ft of visual space. KFC/Taco Bell Sit, A-3 yo 4 NW T P I 00 G,` 2213 6L,9 ; KFC O .., DISCLAIMER: This map is neither a legally recordedmap mora survey and is not intended to be used. as one. This map is a compilation ofrecords, information data located in various city, county, state and federal offices and other sourees regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramse Cmm Februe 2 2009 The Lawrence Gmu 'Feb 2 2009 for Cmm rcel and m e records data' Februa 2009 for commercial and residcntlal data' A r LOCATION MAP - KFC SIGN VARIANCE REQUEST ❑ seen Flunk Road ^/ faunl 0 Nkls M state /,/ Man. dater sued ❑ Patee Eghv sheet and it 2006 for, Aerial View Emma y � . » «'§ of � Cz G i W_ Ln 0 Z D O i t' 00 fq m N - w y LL O a _ N m � N O C m 00 m to 00 (N h <7 00 M i 00 CT l\ LL a c N Q z J M N N 00 N N � m N 00 co N Lb 00 V `-' O O N 't N '- 07 a -i W 00 �- N m a W n O �_ N N N > N C7 N N O w o 3 U Z LL E N .6 N W W p CL Lu E 0 pp��� >S v W O N �SZ V W W J N N w U c N d E U) d C J C ( 0-6 C Z m m 3 66J .c � .- -6W COU �— J '_ `n y > Ns co U 3 0 (0 W Ix C m C Z J c @~ (Up LL z OY m e c m c N N N 3 LL a LL U C � U LL V U cu M Z �C U wU g .N LL o Co u- LL Z o Z W -O N N N 30 LL N � C ul C m � C Ol O Fn 22LL J cc I- ' a)_01 QU �(nY fn 3 Q. X Y L) CO� LL � W O N C N N U .N i LO Y M U O w N >. y C 0 0 y U c V1 a m N c LL o� U - 6 c O U7 W U= Ll O W �, -O O LL` x N U i..) LL r N LL E N L L d ._ 0Cn �° Y�> Y W 0E -U 0 } F U Q N Cl) N N r. _ IN 'All POLYCARBONATE DESIGN PARAMETERS: • Structural adequacy shall be the manufacturer's responsibility using the following criteria: • 110 mph wind speed 3 -second gust -Exposure C. • Attachment may vary based on supporting structure. • Compliant with national building codes and standards (IBC, UBC, BOCA, AISC, ASCE 7, ACI &Aluminum Design Manual) • Refer to written documentation for material specifications KFC -1(66071 -11'-2" LEXAN PANEL W/ GRID • FACE: 3116" Clear Polycarbonate with Second Surface Painted KFC Gloss White SWS2123 • RETAINERS: 1314" Extruded Aluminum Painted DuPont Camaro Siver Paint H0208002870 • GRID: 2" Black Vinyl Strips Applied to Second Surface GRAPHIC & COLOR SPECIFICATIONS: COLOR PMS 3M tQ KFC Gloss While SW2123 Q DuPont Camaro Silver Paint H0208002870 Q Black gp%,'rY13� = 43S�6 NOT FOR CONSTRUCTION YUM! BRANDS 1 1900 COLONEL SANDERS LANE I LOUISVILLE KY 4021 3 1 -F1 502 1374 E3300 AdgmuhMIZEW T s C6 N�I� ® © o 91. ■F2 u2 2 U2 .. , ill 17 MM TYR ATTACHMENT DETAIL TYR SECTION 8" ® KFC Rich Red 187 318'THRU-BOLTWI PIPE ® KFC Bright Red 3630-2658 SPACER (4 READ) 3630-0647 STL. ANGLE STL. ANGLE 2#x3116 3630-20 2.WtI6 EXTERIOR OF 2 STUDS) (SPANNINGAMIN. WALL FINISH OF23TUDS) WALLSTUD PAN FORMED SG STL.ANGLE POLYCARBONATE FACE WX 16 (SPANNINGAMIN. OF2STUDS) EXTRUDEDALUM CABINET. a18'THRUbHOLTWIPIPE DRAIN HOLES REO'D SPACER (4 RSTD) AT BOTTOM OF CABINET TYR ATTACHMENT DETAIL EXTERIOR 316"THRU-BOLT W1 PIPE WALL FINISH SPACER (4 REGO) ® KFC Rich Red 187 363053 ® KFC Bright Red 3630-2658 WALL STUD 3630-0647 STL. ANGLE 3630-22 2#x3116 3630-20 (SPANNINGAMIN. 8 Semi -Gloss Black Paint OF 2 STUDS) DESIGN PARAMETERS: • Structural adequacy shall be the manufacturer's responsibility using the following criteria: • 110 mph wind speed 3 -second gust -Exposure C. • Attachement may vary based on wall conditions • Compliant with national building codes and standards (IBC, USC, BOCA, AISC, ASCE 7, ACI &Aluminum Design Manual) • Refer to written documentation for material specification KFC-BW5L - SMALL BUCKET WALL SIGN LEFT • Extruded aluminum frame, 8" deep with 2' retainer. • Aluminum painted fillers • .125 Pan formed SG polycarbonate with retention strips • Hingeable access Appmximate weight: 100 lbs. Electrical: Lamps: (1)F64T12HOID (2) FGOT12HOID (4) F48T12HOID Ballast: (1) EESB-832-16L (1.7 amps) (1) EESBA24-13L (1.1 amps) Amp Load: 2.0 amps/120 volts Circuits: (1) 20 amp circuits 60 HZ -UL 48 & NEC compliant TOTAL LOAD: 2.8 amps - (1) 20 amp circuits 60 HZ GRAPHIC & COLOR SPECIFICATIONS: COLOR PMS 3M ® KFC Rich Red 187 363053 ® KFC Bright Red 3630-2658 ag) KFC Medlum Warm Beige 727 CV 3630-0647 Q KFC Rich Black Black 3630-22 sQ White White 3630-20 Q DuPont Camaro Silver Paint H0208002870 8 Semi -Gloss Black Paint YUM! BRANDS 1 1900 COLONEL SANDERS LANE I LOUISVILLE KY 40213 1 -1-1 502 B74 8300 N 0 Gs o� .v4r V ( 1 •3 r, 1rs• 1 �rituc rigid h,ick�e G k y F— Twof0a� FRONT ELEVATION ITS• nL9� aBf aakqFr Q Q Q� 66° 36" 38" d6" 401, 91" 61" 1" 68" 23" 28' 36" 46" 36" 4T" 2T' 31" N" 36" 38" FRONT ELEVATION (FACES REMOVED) LEO OPTION 17'5° QaQ p aboo (10 Y T-6" T-6" T' T 2'-6" T.W. 3'' 4' 2' S 2'-6• 3' 4'.6• 16" 2' M -a' 3' 2'-6° 2'6" FRONT ELEVATION (FACES REMOVED) S„ TYP. SECTION DESIGN PARAMETERS: THIN! CAP 7 TRUCAw Structural adequacy shall be the manufacturer's s3 +E SAI-IN�1 s"LON`SE"LD,) responsibility using the following criteria: TUBE FRAME TUBE FRAME • 110 mph wind speed 3 -second gust -Exposure C. 040 WLM NSfin PAINTFDSILVER PAINTEDSILVER • Attachment may vary based On supporting structure. • Compliant with national building codes and standards ma AUAoam1 BACK DR3 AD3HwuM ePGx (IBC, UBC, BOCA, AISC, ASCE 7, ACI & Aluminum Design Manual) xso vnslE MooPEo dm WHME MOCIFFO • Refer to written documentation for material specifications KO WIG FACE PDiYllG FOGS KFC -CCI -24 - 24" SCRIPT CHANNEL LETTERS d deNDner71 NEON FILLER: 0506" black aluminum coil returns (TBD) BACKS: .063 routed aluminum FACES: 150 white acrylic with 1 st surface 3632-2658 KFC red .DV AUAM REILRH .Ds0 Aux --A— ETLnN RETAINERS: 1"blackjewette SIDES AND BACK PAINTED SIDESAND K PAImEO SEMIGLOSS BLACK SEMFGLOSSBLACK Electrical: MFCTRICAL CHASE ELECTRICAL CHASE Neon: 15mm CL Designer 71 Neon TOP OFLANDPY TOP OF CANOPY Transformers: (1)9000/60ma14.95 amps) (1) 7500/60ma (3.95 amps) LED REMOTE POWER NEON Amp Load: 8.9 amps/120 volts SUPPLY REMOTE POWERN Circuits: (1) 20 amp Circuits 60 HZ -UL 48 & NEC Compliant MOUNTING HOLE CUTOUT OF SOLID TUBE SUPPLY TOTAL LOAD: 8.9 amps ACCESSIBILITY ACCESS COVER FOR MOUNTING VERTICALPOSTSTO GRAPHIC B COLOR SPECIFICATIONS: SUPPORT SCRIPT COLOR PMS 3M (DWhite 7328 Pigmented White NIA V.XS"NSE ELECTRICAL CHASE DETAIL ®KFC Red 3630-53 ® Semi -Gloss Black Paint NCT FpR CONSTRUCTION p 6 YUMI BRANDS I 1900 COLONEL SANDERS LANEILOLIISVILLE KY 40213 1 t1 502 B74 8300 22-1/2" L hdjviduaa KFC 61311 g9 LE® L®g® So Specifications: - KFC red Letters with Red LED - 9 Sq. Ft. of surface area - Red LED Modular lighting - Black Aluminum filler - Remote mounted - 120VAC-12VDC Transformer - 1.5 amps required - 4 - 5/16" x 3" Lag Bolts per letter to wood or 4 - 3/8" x 2" Sleeve anchors to fasten to masonry Optional heights available 20" = 7.50 Sq Ft 24" = 9.00 Sq Ft 3011 = 11.25 Sq Ft 3611 = 14.00 Sq Ft Approved By _ Signed Date AI 6"j Channel LED - KFC Logo A" artwork remains the property of Av ngmc and may not be used or reproduced in any manner without the express permission of the owner, Maas. Way. Unautbo d use of this material is subject to a minimum design fee. KFC "E"°��24KFCLTRs2.cdr gwninatec'USA snnwl fed Signs signs 7 Residential BacklifAwnings Residenflal Awnings ® Copyright Awningtec Inc. 1997 3265 Hwy 62 NW, Corydon, Indiana, 47112 Phone - (812). 734-0423 FAX - (812) 734-044 rnaww eV M. Way rnmovFo eYlgease�;ml wsr MWIMN, 17 Jan. 2007 scarf NTS s�sxnnerE - "Moo rGarr 6"j � � Q U) O N c Fvru z m c � Q ru c_ a v E 0 -0 2 U O = N iO u a s i e fuc ct m E o Lf)c u L t V V 61 a N c O E Q Z I � f I `N ' �; V-\ ?c -w37 8" TYR. SECTION 3187HRU-BOLTWIPIPE I 187 3630-53 SPACER (4 REO'D) WALL STUD STL ANGLE STL.ANGLE 0 KFC Rich Black 8x OH6 EXTERIOR (SPANNINGAMIN. (SPANNINGAMIN. WALL FINISH 0 Semi -Gloss Black Paint OF STUDS) '4 WALLSTUD PAN FORMED FACE STL ANGLE WOMB (SPANNINGAMIN. OF 2 STUDS) EXIRUDEDAWM CABINET. 318' THRU-BOLT WI PIPE DRAINHOLESREO'D SPACER (4 REDD) AT BOTTOM OF CABINET TYRATTACHMENTDETAIL PMS EXTERIOR 318'THRUHROLTWI PIPE WALLFINISH SPACER (4 REOD) 187 3630-53 0 KFC Bright Red WALL STUD g KFC Medium Warm Beige 727 CV STL.ANGLE 0 KFC Rich Black WxT16 3630-22 (SPANNINGAMIN. White OF 2 STUDS) 3/8"THRU-BOLT W/PIPE J SPACER (4 REO'D) EXTRUDED ALUM. CABINET DESIGN PARAMETERS: • Structural adequacy shall be the manufacturer's responsibility using the following criteria: • 110 mph wind speed 3 -second gust -Exposure C. • Attachement may vary based on wall conditions • Compliant with national building codes and standards (IBC, UBC, BOCA, AISC, ASCE 7, ACI &Aluminum Design Manual) • Refer to written documentation for material specification KFC -W37 • MEDIUM VERTICAL WALL SIGN Sq. Ft: 36.75 • Extruded aluminum frame, B" deep with 2" retainer. • Aluminum painted fillers • .150 Pan formed and embossed SG polycarbonate with retention slaps • Approximate weight: 1431bs. Electrical: Lamps: (5) F84T12HOID Ballast: (1) 6 Lamp electronic ballast (2.5 amps) Amp Load: 2.5 amps/120 volts Circuits: (1) 20 amp circuits 60 H2 -UL 48&NEC compliant TOTAL LOAD: 2.5 amps -(1) 20 amp circuits 60 H2 GRAPHIC & COLOR SPECIFICATIONS: COLOR PMS 3M 0 KFC Rich Red 187 3630-53 0 KFC Bright Red 3630-2658 g KFC Medium Warm Beige 727 CV 3630-0647 0 KFC Rich Black Black 3630-22 s0 White White 3630-20 0 Semi -Gloss Black Paint NCT FOR GONSTRt1 cTICN YLUM! BRANDS I 1 900 COLONEL SANDERS LANE I LOUISVILLE KY 4021 3 1 -F1 502 874 830❑ Adift T IO n O N SIYJO eo/9E/B S1M0 JoeNtld MW", Om -A .4. NU - gom o4-PI'+T9 R4[a ew my ura �'`OiI4'�{' ��Hal1I i+RPd 31199 Rw °mam ap=oyl 'pl 6am,161H SIZE japowag juesns;sag OAA JDarolla'••099-m(900-4YM`Rl Mx)-vouo °rRI1'H •SNI 9P. 1' I-M'N xt • �m ER80 RK 'AQIA sprmoyy '01 Lve IJSTH STEP tapouxag ;ixezne;sag egg MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 899 - 09 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE OF 93 SQUARE FEET, FOR A TOTAL OF 193 SQUARE FEET, OF EXTERIOR WALL SIGNAGE FOR KENTUCKY FRIED CHICKEN (KFC), 2213 COUNTY HIGHWAY 10; PLANNING CASE NO. VR2009-001 WHEREAS, the applicant, Kentucky Fried Chicken (KFC), represented by Denman Wagstaff, has applied for a variance from the maximum wall -mounted signage allotment for their restaurant located at 2213 County Highway 10; and, WHEREAS, Section 1008.09 of the Sign Code indicates that the maximum wall - mounted signage for a commercial building is 100 square feet per business occupant; and, WHEREAS, Kentucky Fried Chicken is requesting City approval to have an additional 93 square feet of signage above the allowed amount; and, WHEREAS, Section 1008.16 of the Sign Code indicates that variance requests be treated as any other variance request as articulated in Section 1125.02, Subdivision 2 of the Mounds View Zoning Code; and, WHEREAS, according to Section 1125.02, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission makes the following finding of facts related to this request: 1. The freestanding restaurant at 2213 County Highway 10 is in need of additional exterior wall -mounted signage on the building in order to have signage visible to County Highway 10. 2. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in that the City has approved similar variances in the past for reasonable sign variance requests. 3. The special conditions or circumstances necessitating the variance request do not result from the actions of the applicant. 4. Granting the variance would not confer upon the property owner a special privilege in that every property owner has the right to apply for a variance to improve the function and viability of their business. Neither would such approval confer a special treatment as similar reasonable variances have been granted in the past. Resolution 899 - 09 Page 2 5. Allowing for additional 93 square -feet of signs on the building would be the minimum variance necessary to alleviate the existing hardship. 6. The variance would not be materially detrimental to the purpose of the Municipal Code or to other property in the commercial zoning districts. 7. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View Planning Commission, based upon the above -identified finding of facts, does hereby approve the 93 square foot variance request, for a total of 193 square feet of wall signage, on the sides of Kentucky Fried Chicken restaurant located at 2213 County Highway 10. Adopted the 4th day of March 2009. Gary Stevenson, Chairperson ATTEST: Ken Roberts Community Development Director (SEAL) Item No: 6A Meeting Date: 3-04-09 Type of Business: Action Administrator Review: of Mounds View Staff To: Mounds View Planning Commission From: Ken Roberts, Community Development Director Item Title/Subject: Proposed Code Amendment — Conditional Uses Date of Report: February 23, 2009 Introduction: City staff has prepared an update to the City code. This update is necessary to accommodate dynamic display signs as conditional uses and to help ensure that the ordinance meets current legal standards. Background: On January 12, 2009, the City Council adopted Ordinance 816. This ordinance amended Chapter 1008 of the City Code about signs. This ordinance amendment included updated City Code language about dynamic display signs, including the minimum display times and the locations where such signs might be located. Discussion: The code amendment adopted by the City Council included several changes to the sign code, including adding language about dynamic display signs. Specifically, Subd. 9 (d) of Chapter 1008.10 of the new Code reads: d. The City allows dynamic display signs on on-site freestanding or ground signs subject to Chapter 1008.10 Subd. 1 (Ground Signs) of the city code, the above-mentioned standards for all dynamic display signs, and subject to the following additional conditions: (I) The owners or operators of such signs shall not use messages, content or images that flash or blink. (2) The images or messages on such signs shall not include any video images or content. (3) Such signs may be located only in the Limited Business (B-2), Highway Business (B-3), Regional Business (B-4) or Commercial Planned Unit Developments (PUD's) zoning districts. (4) Such signs may be located on the sites of schools, churches, places of worship or other institutional land uses, subject to the following additional conditions: ( City Council approval of a conditional use permit (CUP) as outlined in Section 1106.04 and Section 1125.01, Subd. 3. of the City Code. Conditional Use Permit Code Amendment Report Page 2 March 4, 2009 Such signs shall not cause glare, disturbance or other problems to any residential properties or land uses. The proposed amendment to Chapter 1106 would add dynamic display signs as a possible conditional use for schools, churches, places of worship or other institutional land uses. This Code change is necessary to make the Chapter about conditional uses consistent with the new sign code language. The Planning Commission should review the proposed ordinance as it does with all amendments to the Zoning Code. Recommendation: Staff is recommends approval of Resolution 900 - 09 (Attached). This resolution is for the proposed amendment to Chapter 1106 of the City Code (Conditional Uses). Respectfully submitted, Ken Roberts - Community Development Director Attachments: 1. Resolution 900 - 09 2. Chapter 1106 of the City Code MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 900 - 09 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1106 OF THE MOUNDS VIEW CITY CODE ABOUT CONDITIONAL USE PERMITS FOR DYNAMIC DISPLAY SIGNS WHEREAS, the City Council adopted Ordinance 816 on January 12, 2009 that amended and updated Chapter 1008 of the City Code about the installation, creation, construction, replacement, modification or improvement of static or changing electronic, digital, video, display signs or billboards and flashing motion, animated, changeable copy and illuminated signs in all zoning districts; and, WHEREAS, this ordinance amendment included a section that requires City approval of a conditional use permit for dynamic display signs at schools, churches, places of worship or other institutional land uses; and WHEREAS, the City needs to update its regulations about conditional use permits to have all sections of the Code consistent and to better accommodate dynamic display signs and other sign needs of the City; and WHEREAS, City staff, working in consultation with the City Attorney, has prepared a section that the City should add to Chapter 1106.04 of the City Code to allow dynamic display signs in certain locations in Mounds View by conditional use permit to read as follows: Subd. 8. Dynamic Display Signs subject to the standards in Chapter 1008. 101 Subd. 9 of the City Code. WHEREAS, the Mounds View Planning Commission concurs that the proposed amendment to the City Code are warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission, in light of its review of the studies, finds that there is sufficient cause to have the City carefully allow and regulate dynamic display signs and billboards in the City of Mounds View. As such, they recommend City approval of an amendment to Chapter 1106 of the Mounds View City Code about conditional use permits to better accommodate dynamic display signs in the City as outlined herein. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council before approval of the minutes. Resolution 900-09 Page 2 Adopted this 4th day of March, 2009. Gary Stevenson, Chairperson ATTEST: Ken Roberts, Community Development Director (SEAL) 1106.01 1106.02 (Rev. 8/06) CHAPTER 1106 R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT SECTION: 1106.01: Purpose 1106.02: Permitted Uses 1106.03: Accessory Uses 1106.04: Conditional Uses 1106.01: PURPOSE: The purpose of the R-1, Single -Family District is to provide for low density single-family detached residential dwelling units and directly related, complementary uses. (1988 Code §40.10) 1106.02: PERMITTED USES: The following are permitted uses in an R-1 District: Subd. 1. Single-family detached dwellings. (Ord. 575, 7-15-96) a. Each applicant for a building permit to construct any dwellings shall be required to provide off-street parking spaces for at least two (2) automobiles per family in addition to any garage spaces to be used. (Ord. 664, 8-14-00) b. Every dwelling house hereafter erected shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. (Ord. 664, 8-14-00) c. No permit shall be issued for the construction of a residential dwelling unless the driveway servicing the property is to be improved with a permanent surfacing material so as to control dust, drainage and erosion, according to the requirements as set forth in Section 902.05 of this Code, except that the property owner may provide a signed, notarized statement in which the property owner agrees to improve the driveway in conjunction with the desired construction activities or within six (6) months of the commencement of such activities, in a form acceptable to the City Attorney. For the purposes of this Title, permanent surfacing materials are defined as concrete, asphalt or brick. (Ord. 620, 7-27-98; Ord. 664, 8-14-00) Subd. 2. Permitted single-family uses allowed under Minnesota Statutes, section 462.357, subdivision 7, as follows: City of Mounds View 1106.02 1106.03 (Rev. 8/06) a. A state licensed residential facility serving six (6) or fewer persons, except as provided in subdivision 3 of this Section 1106.02; (Ord. 596, 3-10-97) b. A licensed day care facility serving twelve (12) or fewer persons; c. A group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9501.0445 to serve fourteen (14) or fewer children; d. Residential facilities whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. (Ord. 575, 7-15-96) Subd. 3. Notwithstanding the provisions of subdivision 2.a. herein, foster family homes as defined in Minnesota Rules, Chapter 9545, Section 9545.0010, subp. 7, which relate to the Department of Human Services and group homes and group foster homes as defined in Department of Correction Rules, extracted from Minnesota Rules, Chapter 2925, Section 2925.0100, subp. 9, shall be allowed as permitted uses to serve not more than eight (8) children per home, not including the foster family's own children. (Ord. 575, 7-15-96; Ord. 596, 3-10-97) Subd. 4. Essential services. (Ord. 575, 7-15-96) Subd. 5. Public parks and playgrounds. (Ord. 575, 7-15-96) 1106.03: ACCESSORY USES: The following are permitted accessory uses in an R-1 District: (1988 Code §40.10) Subd. 1. Accessory Buildings: Accessory buildings, which for these purposes shall include garages, tool houses, carports, sheds and similar buildings for storage of domestic supply and noncommercial recreational equipment, whether attached or detached. (Ord. 664, 8-14- 00) a. Every R-1 zoned property improved with a single-family dwelling is allowed a maximum of one -thousand eight hundred (1,800) square feet of combined accessory building area, subject to the requirements noted herein. (Ord. 664, 8-14-00; Ord. 693, 3-25-02) b. Accessory buildings shall not exceed fifteen feet (15) in height, shall be five feet (5') or more from all lots lines of adjoining lots and shall be three feet (3) or more from any other building or structure on the same lot. Attached garages must conform to the front and rear setback requirements for the principle structure, and the side yard setback shall be at least five feet (5'). (Ord. 664, 8-14-00) 2 City of Mounds View 1106.03 1106.03 (Rev. 8/06) c. No accessory building in an R-1 District shall exceed nine hundred fifty-two (952) square feet in area, except by conditional use permit. (Ord. 620, 7-27-98; Ord. 664, 8-14-00) d. The combined square footage of accessory buildings in a rear yard shall not exceed twenty percent (20%) of the rear yard. (Ord. 442, 7-11-88; Ord. 620, 7-27-98; Ord. 664, 8- 14-00) e. An outdoor living room or patio shall not be used for storage of automobiles or trucks. (Ord. 664-8-14-00) f. No permit shall be issued for the construction of more than three (3) accessory buildings in any R-1 District. One (1) of the three (3) permits must be for a garage. (Ord. 664, 8-14- 00) g. Accessory buildings shall have a weather resistant, treated or finished exterior. Structures composed of tubular metal and canvas or exposed plywood, particle board or similar materials shall not be permitted. (Ord. 664, 8-14-00) h. If any accessory building is to be utilized for the storage of frequently -used vehicles, it shall be serviced by an improved driveway so as to control dust, drainage and erosion, according to the requirements as set forth in Section 902.05 of this Code. (Ord. 664, 8-14- 00) Subd. 2. Outdoor, Uncovered Parking Spaces: (Ord. 664, 8-14-00) a. Parking spaces for residential vehicles as regulated by Section 607.06, Chapter 802 and Chapter 1121 of the Municipal Code. (Ord. 664, 8-14-00) b. RV Storage: Storage of recreational vehicles and equipment leased or owned by the resident as regulated by Chapter 802 of this Municipal Code. (Ord. 664, 8-14-00) Subd. 3. Home Occupations: The regulation of home occupations within residential structures is intended to ensure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. No home occupation shall be allowed which: (Ord. 664, 8-14-00) a. Involves employees other than persons residing on the premises; b. Involves alteration or construction features not customarily found in dwellings; City of Mounds View 1106.03 1106.04 (Rev. 8/06) c. Has an exterior display or sign in excess of one (1) square foot. Such sign, for identification purposes only, shall be located on either the principal structure or garage. Any sign existing prior to December 29, 1972, shall not be enlarged but may be continued at the size and location upon such date, except as hereinafter specified or subsequently amended. Any sign erected after December 29, 1972, but prior to the effective date hereof shall come into compliance herewith by April 1, 1983; (Ord. 672, 1-22-01) d. Involves exterior storage of equipment or materials; e. Generates any on -street parking. All vehicles associated with a home occupation shall be parked off-street and in compliance with the City's parking requirements; (Ord. 672, 1-22- 01) f. Results in violation of the provisions of Chapter 607, Nuisances, of the Municipal Code; and (Ord. 664, 8-14-00) g. Involves activity visible from the public streets. Subd. 4. Noncommercial Greenhouses and Conservatories: Subd. 5. Recreational Facilities: Swimming pools, patios, decks, gazebos, swing sets, play systems and play houses, outdoor living rooms, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests. Such facilities shall be set back five feet (5') or more from a property line, except swimming pools, which shall be set back ten feet (10') or more from a property line. (Ord. 664, 8-14-00) Subd. 6. Boarding: Boarding or renting of rooms to not more than one (1) person. Subd. 7. Other Uses: Other allowed uses incidental to the dwelling unit, including but not limited to: clothes lines and poles; lawn and garden ornaments and other landscaping features; and pet house, facility or kennel. A pet house, facility or kennel shall be set back five feet (5') or more from a property line. (1988 Code §40.10) (Ord. 664, 8-14-00) 1106.04: CONDITIONAL USES: The following are conditional uses in an R-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by Section 1125.01 of this Title): Subd. 1. Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high and senior high schools and religious institutions, such as churches, chapels, temples and synagogues; provided, that: /I City of Mounds View 1106.04 1106.04 (Rev. 8/06) a. Front yard depths shall be a minimum of thirty five feet (35'). b. Side yards shall be no less than thirty feet (30'). c. Minimum lot area shall be no less than one (1) acre, or as provided in Section 1104.02, subdivision 2b(3). (Ord. 590, 11-25-96) d. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 1103.08 of this Title. e. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street to the principal use in compliance with Chapter 1121 of this Title and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 1103.08 of this Title. f Adequate off-street loading and service entrances are provided and regulated where applicable by Chapter 1122 of this Title. g. The provisions of Section 1125.01, subdivision le of this Title are considered and satisfactorily met. (Ord. 590, 11-25-96) Subd. 2. Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community; provided, that: a. Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. b. Equipment is completely enclosed in a permanent structure with no outside storage. c. Adequate screening from neighboring uses and landscaping is provided in compliance with Section 1103.08 of this Title. d. The provisions of subdivision 1125.01(1)e of this Title are considered and satisfactorily met. Subd. 3. Residential planned unit development as regulated by Chapter 1120 of this Title. Subd. 4. (Reserved) (Ord. 774, 8-14-06) Subd. 5. Model homes. (1988 Code §40.10) Subd. 6. Accessory building exceeding nine hundred fifty two (952) square feet. (Ord. 620, 7-27- 98; Ord. 664, 8-14-00) i City of Mounds View 1106.04 1106.04 (Rev. 8/06) a. The accessory building must conform with Section 1103.06 and subdivision 1106.03(1) of this Title. b. The combined square footage of all accessory buildings on one (1) lot cannot exceed one thousand eight hundred (1,800) square feet. (Ord. 620, 7-27-98; Ord. 701, 9-9-02) c. The building shall be designed and maintained to provide a uniform appearance with the dwelling unit. d. The width of the building cannot exceed thirty five feet (35'). (Ord. 664, 8-14-00) e. The building shall be a permanent structure. (Ord. 664, 8-14-00) f Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration, revocation or other action regulated by Section 1125.01 of this Title. (Ord. 664,8-14-00) Subd. 7. Wireless telecommunications towers and antennae subject to the provisions established in Chapter 1124 of the Zoning Code. (Ord. 588, 2-10-97; Ord. 664, 8-14-00) 6 City of Mounds View r 1 P S Lb I PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 4, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. February 4, 2009. 2. Roll Call Members Present: Chair Stevenson; Commissioners, Cramblit, Lang, Miller, Rundle and Walsh-Kaczmarek Absent and Excused: Commissioner Meehlhause. Also Present: Community Development Director Roberts. Index to Minutes Page Special Order of Business 2 Preliminary Plan for the Mermaid MA2009-001 3 Review Planning Commission Bylaws 3 3. Special Order of Business. A. Oaths of Office for New and Re -appointed Planning Commissioners Community Development Director Roberts administered the Oath of Office to Commissioner Stevenson, Commissioner Miller and Commissioner Rundle individually. B. Election of Officers Nomination for Chair. Commissioner Cramblit nominated Commissioner Stevenson for the position of Chair. Seconded by Commissioner Walsh-Kaczmarek. Motion carried. Mounds View Planning Commission Regular Meeting DRA r February 4, 2009 -- Page 2 Nomination for Vice Chair. Gary Stevenson nominated Jean Miller for Vice Chair. Seconded by Commissioner Cramblit. Motion carried. 4. Approval of Minutes November 19, 2008 MOTION/SECOND: Commissioner Walsh-Kaczmarek/Commissioner Miller. To approve the minutes of the November 19, 2008 regular Planning Commission meeting as slightly amended. Ayes — 6 Nays — 0 Motion carried. 5. Citizens Requests and Comments on Items Not on the Agenda None. 6. Planning Cases A. Planning Case MA2009-001; Preliminary Plat for the Mermaid located at 2200 County Road 10. Community Development Director Roberts stated the Mermaid located at 2200 County Road 10 has applied for a subdivision that would divide the property into two parcels. He indicated in October 2008, the City had approved a preliminary plat to subdivide the lot into three parcels. He indicated this plan is no longer viable and the applicant is now proposing that the lot be divided into two parcels. This subdivision would allow for separate ownership of the hotel and the Mermaid. He stated the only issue is the separation between the hotel and the Mermaid. According to the building code, there may be a need for an additional firewall between the structures to have each building on their own lot. He indicated if both property owners' sign a Hold Harmless Agreement this will affirm the property owners' are aware that there is some risk and harm. He stated staff is recommending approval of Resolution 899-09, Recommending Approval of a Revised Preliminary Plat for the Mermaid, 2200 County Highway 10 Chair Stevenson questioned the division taking in the south end of the parking. He indicated both existing driveways would have ownership by the hotel and stated the Mermaid would need easements on both driveways. Community Development Roberts stated there will need to be shared easements for ingress, egress and maintenance throughout the property site. Commission Miller asked about Park Dedication fees. Mounds View Planning Commission Regular Meeting DRAFT February 4, 2009 Page 3 Community Development Director Roberts stated the owner last paid a park dedication fee in 2000. He stated that with this subdivision there is no additional impact or demand on the City parks system. He also noted that the City Council would be discussing this at the upcoming City Council meeting. Commissioner Walsh-Kaczmarek discussed the fire code requirement with the door between the Mermaid and hotel be permanently closed off. She also asked if a Hold Harmless Agreement has been drafted yet. Community Development Director Roberts stated the document had not been drafted yet and that the applicant is waiting for approval from the City Council. Commissioner Walsh-Kaczmarek stated there should be adequate language within this document to protect the city from responsibility or liability. She asked if there are additional fire codes that need to be addressed. Community Development Director Roberts stated the Fire Marshal and Building Official will be checking the exiting to assure there are enough doors in the facility. Also, because the hotel was recently built, the city is assuming the facility was constructed correctly and is adequately equipped. Commissioner Miller questioned the ownership of the tent that is constructed on the site during part of year. Community Development Director Roberts stated the tent would be the ownership of the Mermaid because they provide the catering services for the events taking place in the tent. MOTION/SECOND: Commissioner Lang/Commissioner Cramblit. To approve Resolution 899-09, a resolution to approve of a Revised Preliminary Plat for the Mermaid, 2200 County Highway 10. Ayes 4 Nays — 0 7. Other Planning Activity Motion carried. A. Review Planning Commission Bylaws Community Development Director Roberts stated that the commission is to review the by-laws at the first meeting of February. He stated the last time the Commission amended them was two years ago and that he was not proposing any changes this year. Chair Stevenson asked for a vote to approve the Planning Commission Bylaws as is. Ayes —6 Nays — 0 Motion carried. Mounds View Planning Commission Regular Meeting 8. Next Planning Commission Meeting: A. February 18, 2009 B. March 4, 2009 9. Adjournment to Agenda Session February 4, 2009 Page 4 There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:28 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Ken Roberts Community Development Director Transcribed by: Barbara Suciu TimeSaver Off Site Secretarial, Inc.