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1d. CUP 80 sq ft Pylon Sign, SA 615 Flying Cloud Drive P. DATE: July 20 , 1988 C I TY O F C.C. DATE: Aug. 8 , 1988 CHANHASS \�\. EN CASE NO: 88-12 CUP I '--- ' Prepared by: Olsen/v il STAFF REPORT 1 , I PROPOSAL: Conditional Use Permit for an 80 Square Foot Pylon Sign for SuperAmerica on Hwy. 212 1 Z Q IV LOCATION: 615 Flying Cloud Drive - SuperAmerica ASi atibn,,,' 1/1, Endorstd �� Yom. I a�nu!t l:;:,_v_----- APPLICANT: Roman Mueller _._..____.`� 1240 West 98th Street `;_Z/1'ite _._ Q Bloomington, MN 55431 I ,_7 /24,./41V___ i a 4 PRESENT ZONING: A-2, Agricultural Estates II ACREAGE: DENSITY: IADJACENT ZONING AND LAND USE: N- BF; cold storage facility (under const. ) IS- A-2; flood plain and open space QE- A-2; vacant and motel I 0-.- W- A-2; vacant drive-in IW WATER AND SEWER: Not available. (f� PHYSICAL CHARAC. : The site is level on the north side. 2000 LAND USE PLAN: Parks and Open Space .._. «y... - .. .ay.= sr4wr' _ s....r.a ,.::iasaaisasaa Fr (7,1S1k _ . , , 1111 POND III /-*----)1,„ ( . •• 1 . 440V i 7 c::-5 kri e.:...) .p. .z)\- A2 .N.e.2 v- ., tot1/4 i 4 qv ir / 111 ti La hi 4. (.9 Lit CREEKVIOOD *Iwo T .ze 11/ ‘AkiliNlimow- If 11111 fro IA 04. 501110.1 1111 or ,,---- 4,4040i, • _ - thf a 0 s. 0 tftl‘\ii. ...._._ ,.... ;,, - ___z__ i.,'- - ' 'pi' ...■ ------ 11,111 ., i`,..0° tAgg . ,. . ,..,...:2,r,a,..„ , .,:. , . ..• //1 /L A III: •4' ( 4 )Rot • . ..,__________ ________ _ 4 )• 1 I oN A . . 1 _ I A2 — Oei . , ■ 0, CITY OF S H A 4 I V ...2,.. 1.• 1 / 1 ' SuperAmerica CUP July 20 , 1988 Page 2 APPLICABLE REGULATIONS Section 20-1303 permits an 80 square foot pylon sign upon receipt of a conditional use permit in the Highway and General Business Districts. BACKGROUND The applicant is proposing to update the SuperAmerica signs with the new SuperAmerica logo. The proposed sign is 80 square feet ' in size. The applicant first applied for a variance to the sign ordinance which requires non-conforming signs to meet the sign requirements of the most restrictive district where that use is permitted. The permitted size for a pylon sign is 64 square feet and 80 square feet with a conditional use permit. The City Council felt that it was not necessary for the applicant ' to receive a variance to the 64 square foot size of pylon sign requirement but rather could pursue a conditional use permit for an 80 square foot sign. Council then directed the applicant to withdraw the variance request and pursue the conditional use permit. ' ANALYSIS Staff has reviewed the size of existing pylon signs for similar uses on highways within Chanhassen and surrounding communities and has found that an 80 square foot pylon sign is consistent ' with what exists for similar uses on highways . The proposed sign will be located in the same location as the existing sign and will have a maximum height of 20 feet. The location, height and size of the sign will not block visibility from Hwy. 212 from either direction. RECOMMENDATION Planning staff recommends the Planning Commission adopt the following motion: "The Planning Commission recommends approval of Conditional Use Permit Request #88-12 for an 80 square foot pylon sign for SuperAmerica on Highway 212 with the following conditions : ' 1 . The height of the sign cannot exceed 20 feet. ' 2 . The new sign must be located in the exact location of the existing sign. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the con- ditional use permit as recommended by staff. I SuperAmerica CUP July 20 , 1988 Page 3 CITY COUNCIL RECOMMENDATION ' It is recommended that the City Council approve Conditional Use Permit Request #88-12 for an 80 square foot pylon sign for ' SuperAmerica on Highway 212 with the following conditions : 1 . The height of the sign cannot exceed 20 feet. 2 . The new sign must be located in the exact location of the existing sign. ATTACHMENTS 1 . Excerpt from City Code. 2 . City Council minutes dated June 13 and June 27 , 1988 . 3 . Memo from staff to City Council. 4 . Planning Commission minutes dated July 20, 1988 . 1 1 i r I I I § 20-1301 CHANHASSEN CITY CODE Icollector street as designated as such in this chapter. Such sign shall be located so as not to conflict with traffic visibility or street maintenance operations, and shall be securely anchored to the ground. I (Ord. No. 80, Art. IX, § 5, 12-15-86) I Sec. 20-1302. Neighborhood business and institutional districts. The following signs shall be allowed by permit in any OI or B-1 District: (1) Ground low profile business signs. One (1) ground low profile business or institu- Itional sign not exceeding twenty-four (24) square feet of sign display area shall be permitted per street frontage, with a maximum of two (2) such signs per lot. Such sign shall be located at least ten(10)feet from any property line and shall not exceed Ifive (5)feet in height. (2) Wall business sign. One (1)wall business sign shall be permitted per street frontage I for each business occupant within a building. The total of all wall mounted sign display area shall not exceed ten (10)percent of the total area of each building wall upon which the signs are mounted, but no individual business sign shall exceed I twenty-four (24) square feet in sign display area. A wall business sign shall not be mounted upon the wall of any building which faces any adjoining residential district without an intervening public street. I (Ord. No. 80,Art. IX, § 7, 12-15-86) Sec. 20-1303. Highway and general business districts. IThe following signs shall be allowed by permit in any BH, BG, or BF District: (1) Ground low profile business signs. One (1) ground low profile business sign shall be I permitted per street frontage, with a maximum of two (2) such signs per lot. Such signs shall not exceed eighty(80)square feet in sign display area nor be greater than eight (8) feet in height. Such signs shall be located at least ten (10) feet from any I property line. In no case shall any lot contain more than two(2)freestanding business signs, whether such signs are pylon or ground low profile signs. I (2) Pylon business sign. One(1)pylon business sign, not exceeding sixty-four(64)square feet in sign display area, shall be permitted per lot. A pylon business sign greater than sixty-four(64)square feet, but equal to or less than eighty(80)square feet, may be permitted after securing a conditional use permit. Such signs shall be located at Illeast ten (10) feet from any property line, and shall not exceed twenty (20) feet in height.In no case shall any lot contain more than two(2)freestanding business signs, I whether such signs are pylon or ground low profile signs. (3) Wall business signs. One(1)wall business sign shall be permitted per street frontage for each business occupant within a building. The total of all wall mounted sign I display area shall not exceed fifteen(15)percent of the total area of the building wall upon which the signs are mounted. No individual business sign shall exceed eighty I (80)square feet in sign display area. A wall business sign may be mounted upon any __t..., _____, wall of a principal building. 1268 r 6 sis City Council Meeting - Jun(7_3, 1988 , half of the assessments. All voted in favor and the motion carried. SIGN PERMIT VARIANCE REQUEST TO SECTION 20-1260 TO CONSTRUCT AN 80 SQUARE FOOT PYLON SIGN, 615 FLYING CLOUD DRIVE, SUPERAMERICA STATION, ROMAN MUELLER. Councilman Boyt: I thought that the idea of allowing a non-conformance, grandfathering in, was that when it was changed, it would be changed to comply with the ordinance. The ordinance says 64 square feet and suddenly we're saying well, but that's okay and any changes we certainly want to protect the person at 78 square feet. We don't want to change the ordinance or we want to get the _ signs in agreement with the ordinance. Can somebody help me out with that? Mayor Hamilton: Maybe you can help me out with that. I'm not sure I understand. Councilman Boyt: Maybe I confused you on the item. My understanding is this sign was grandfathered in. It was a non-conformance. Right? 1 Jo Ann Olsen: No, it was approved by a sign committee? The 78 square foot sign? That was approved by the City. ' Councilman Boyt: When it was installed but when we wrote up the sign ordinance, wasn't the maximum then 64? Yes, says Barbara. Alright, so this was a non- conformance that was grandfathered in and now it's coming up for a change and at that point I would think that we would want to move it in conformance with the ordinance. Either that or the ordinance is wrong. Mayor Hamilton: That's why he's asking for a variance because he can't get in conformance. Councilman Horn: Why didn't he ask that the ordinance be changed? Mayor Hamilton: I think when you get to signs, if we did that we'd changing the ordinance every other week to conform. Try to get everybody's sign in conformance. I think if you read the Minutes of the Planning Commission meeting, there's a standard size sign for that particular business and that's all he's trying to do is put up the smallest one that they make. Consequently he needs to ask for a variance because he can't meet our specific requirement. Councilman Boyt: They did mention that they do make those signs where they can't have them 80 feet or 120 feet, they do make a smaller version of that sign. They have to special make it but it's available to them. To me it sounds like the ordinance needs to be looked at. If this person is saying it's not appropriate for his business, than maybe it's not appropriate for the other businesses. Mayor Hamilton: You're probably right. Especially based on the comments made by the applicant that the size of their signs in taken from an average of communities around the area or wherever they deal with and that's how the make their standard size sign. Isn't that what the comment was that you made? 41 ' IIamity Council Meeting - June , 1988 Roman Mueller: Yes, that's correct. I'm Roman Mueller with SuperAmerica. On it, when I was going through the staff report, I'd also like to point out that ' in your ordinance, the most restricted for that area is called out, states that there's also a 80 foot ground sign available to us in addition to the 64 square foot pylon sign. We're only asking for the 80 square foot on the pylon sign. No ground sign and yes, this is based on from around the country of what size signs we generally deal with. Councilman Boyt: I don't understand why this is a variance request. To me it ' looks like the ordinance covers it under a conditional use request. It's 80 feet and as I read the ordinance it said from 64 to 80 was a conditional use. ' Jo Ann Olsen: The reason we did that is because the ordinance for non-conforming signs states that it has to meet the district with the most permitted use and the permitted use is 64 square feet. That's why we're going ' for a variance because the permitted use is for a 64 square foot sign versus having to put them through a conditional use permit. Barbara Dacy: The most restrictive rules apply and that's the 64 square feet. ' Mayor Hamilton: I guess I agree with that. If it can't be a conditional use. If the ordinance says you can have a conditional use between 64 and 80, why isn't it a conditional use? Jo Ann Olsen: Again, because we went with the most restrictive permitted size. ' Mayor Hamilton: Then we need to change our ordinance I guess. As Bill says, we need to look at doing some adjusting there. ' Councilman Boyt: That's all I have. I like the idea that it's 20 feet high and as far as that's within our ordinance without any changes. ' Councilman Horn: Does staff have any knowledge of what other oil company signs are? In other words, what's the square footage on Standard and Holiday? It seems kind of strange if there's only one gas company out there that has signs that are larger than anybody elses. Barbara Dacy: As far as the ordinance is concerned, I really remember a lot of discussion with the Council that one week that we went through the zoning ' ordinance and we really looked at the sign size issue for 64 square feet and the Council's determination was if it's going to be larger than that, than we establish the conditional use permit process. I think we did a fair amount of ' study to that through the zoning ordinance. Councilman Horn: I guess I don't have a problem with larger signs but to me the reason seems kind of flakey. Because our company doesn't build a sign that size. I'd like to hear the answer. Roman Mueller: I'm afraid I don't have an answer directly to your comment but I ' do have a statement about what we are required as a petroleum company retailing gasoline on the street. We have to post our prices to the public. We are then handicapped in our sign sizes because we have to put that down below and in that ' 80 square foot is our pricing as required by law. ...is the issue but that is one of the reasons that service stations have larger signs on them. ' 42 City Council Meeting - Jur 13, 1988 Councilman Horn: My question was your company relative to Standard and the Holiday. They have the same restrictions. ' Roman Mueller: Yes, they do. I don't know what their sign sizes are. I honestly don't. I only deal with our signs. I know in many locations they're larger. Many locations they're smaller. Again, depending on the local ordinances as in this situation. Councilman Horn: TO me that's a key issue to making a decision on this. What do we allow other similar businesses in town? If we don't know that, how can we have any data to base this decision? Mayor Hamilton: That's why I think Bill's saying our ordinance needs to be reviewed because we apparently have the wrong size signs. We need to go out to the people who make signs and ask them what the standard is. I don't think we did that last time. Barbara Dacy: The Amoco and the Holiday stations had their's installed prior to the ordinance. If you want to table the item until we can research, that's fine. Mayor Hamilton: I don't know why we should have to do that. ' Councilman Geving: Roman, is your sign a standard 80 square feet? Is that what the company makes for you to go out and put up? ' Roman Mueller: The 80 and the 130 square foot signs. Those are our two standard sizes. Councilman Geving: So 130 is your next size? Roman Mueller: That's right. ' Councilman Geving: Nothing lower than that? Roman Mueller: Nothing lower. ' Councilman Geving: What would the 4 foot reduction do to you if we drop the height from 24 to 20 feet? , Roman Mueller: We have no problem with dropping the height. We would actually prefer that. Councilman Geving: Site location down there, it seems like you could see a sign for quite a ways so I don't think the 20 feet would bother us. I have no other comments. Councilman Johnson: I think if you drop that bottom third of the advertising section off where you're advertising your Instant Cash or if we changed to where we allowed 64 square foot of named logo sign and for gas stations allow so many 1 square foot of pricing information, that that seems reasonable. As I read and read and reread this Section 20-1260, Non-conforming uses, I don't see why we can't issue a conditional use permit here. It says it would then be conforming 43 City Council Meeting - June lc 1988 C IIto the size provisions of the most restrictive zoning district. The signing provisions of the most restrictive zoning district allows a conditional use Ipermit up to 80 square feet. Can we issue a conditional use permit as if this was the most restrictive zoning district? I'm confused. II Mayor Hamilton: Perhaps we can have Roger clarify that seeing you don't believe what the staff has to say. Roger would you please clarify that? I Roger Knutson: I guess I have to ask a question of Barb? What is the most restrictive zoning district in which the use is allowed and what signs are allowed? IBarbara Dacy: The Business Highway District. Roger Knutson: And in the Business Highway District, what can you have for sign II size? Jo Ann Olsen: They're under the same one, the BG and the BH and that would be I64 square feet or 80 square feet in conditional use. Barbara Dacy: Section 20-1303. I Roger Knutson: I think it's not 100% clear but I would suggest that perhaps I would have said get a conditional use permit. I Barbara Dacy: If the Council obviously feels that the variance is not appropriate and wanted to have the applicant withdraw the variance application, he would have to readvertise and start over with the conditional use permit if I you feel more comfortable granting a conditional use permit versus a variance. It just delays the applicant. Councilman Boyt: I'd like to make a motion. I move that we table this matter. II You have an existing sign. I think it must be functioning and I'd like to see us do this properly. To do that we need more information as Clark and others have pointed out. ICouncilman Horn: I second that. ICouncilman Boyt moved, Councilman Horn seconded to table the sign permit variance request to Section 20-1260 to construct an 80 square foot sign for the SuperAmerica Station at 615 Flying Cloud Drive. All voted in favor and the motion carried. I Mayor Hamilton: I hope this isn't going to cause you any problem. That's not the motion I would have preferred to have seen but you can function temporarily with the sign you have. IRoman Mueller: Is there a time on this study? Councilman Boyt: Sure, the next Council meeting. [7 Roman Mueller: Are you going to canvas only service stations in this area or I 44 City Council Meeting - Jurf13, 1988 • e:j ii jr- are you going to look at them more... li Mayor Hamilton: I think our question is more internal right now as to whether II it should be a conditional use or a variance. I don't think at this point we're going to start talking to sign manufacturers to find out what standard II sizes of signs are. That's a bigger problem we need to deal with down the road. Councilman Johnson: During discussions I didn't get a chance to ask a couple II questions. Mayor Hamilton: Save them for next time. We're going to see it again. Councilman Johnson: If he already knows what the questions are then he'll have II the answers? What is the cost to make it 64 square feet? Roman Mueller: A 64 square foot sign would cost me about $5,000.00. I Councilman Horn: As opposed to? Roman Mueller: The one I have now? 8 by 10, 80 square feet? Premanufactured II for about $5,000.00. Having one customed made or purchasing one premade is about the same amount. If I was to buy the 64 square foot mass produced, I II could probably buy it for about $3,500.00. Councilman Horn: So the cost would be the same? I Roman Mueller: About the same cost. Councilman Johnson: So where's the hardship for a variance? I Councilman Boyt: Did you say you already have the 80 square foot? Roman Mueller: I already own the 80 square foot signs bought them in bulk by I our stores. So actually it would cost me $10,000.00. Councilman Geving: I think it would be fair to answer your question Roman. You II ask for a date. Let's say the first meeting in July. That gives us a month. Councilman Boyt: Do we need that? I Mayor Hamilton: That wouldn't be until July 11th. It could be on as early as the 27th of June I would think if you could work this out. II Barbara Dacy: Yes we could place it on the agenda on June 27th. If the Council at that meeting determines that a conditional use permit is necessary, we're talking not until August until he can get heard by. I Mayor Hamilton: It would seem to me that you and Roger and the ones who are going to determin whether it's going to have to be a variance or a conditional I I use. I don't think that's up to us to determine. You're the one who's going to recommend to us which one we're going to go with. Barbara Dacy: Okay, my recommendation still stands as a variance. 45 I 6City Council Meeting - June , 1988 Mayor Hamilton: There's some confusion on that issue and that's what we're ' trying to clarify I think. That's the reason for the tabling I believe. Councilman Horn: That's part of it. The other part is finding out what current sign sizes. we have in this city because if we're way out of line than we should change our ordinance. Councilman Johnson: Roman, the 80 square foot sign you currently have, is there ' a possibility that some other station, is the same sign used nationwide? I mean you're not going to eat that sign and just let it sit in the warehouse. I'm sure you'll find use for it. ' Roman Mueller: I'm down to three stores in the State of Minnesota right now. That's it. This is one of them. The other one is in Mankato and the other one is downtown St. Paul. ' Councilman Johnson: Could they use an 80 square foot t sign in either of those? ' Roman Mueller: St Paul I have three faces on two sides for a total 6 faces and each one of them is well over 80 square feet. The other one is in Mankato and that's getting a 10 by 13 sign. Right now we're just going to adjust the placement of it with the City. Could I use it? Potentially yes. 'At what time I don't know. ' PLANNED UNIT DEVELOPMENT AMENDMENT FOR A 60 UNIT APARTMENT BUILDING ON PROPERTY LOCATED SOUTH AND ADJACENT TO CHAN VIEW, HERITAGE PARK APARTMENT PARTNERS. ' Mayor Hamilton: We also tabled item 3 to go along with this item. Barbara Dacy: The Planning Commission recommended approval of this item. One ' of the major issues of discussion at the Planning Commission meeting was the traffic issue and those concerns were voiced from people that live in the neighborhood to the north of the proposed site. The concerns were about regarding the removal of the stop signs at West 78th Street and Great Plains ' Blvd. and as we noted in the staff update, we know that the Council is well aware of MnDot's position on traffic control along this stretch. We put a note that this only confirms that the City's intent to try and realign TH 101 as soon ' as possible and get the north/south traffic out of downtown and on it's own realigned roadway. In a nutshell, this overhead reflects the original building location and building configuration on the site. What is now proposed is more of an "L" shape building which is located on the site approximately 70 feet now ' further south of the lot line to the existing 2 1/2 story apartment building but it is 10 feet closer to the west lot line. The applicant has submitted a good landscaping plan to maximize so that the yard areas around the building is I providing for good yard space. The Planning Commission also adopted the previous conditions of approval that were imposed during the 1987 review as well. I know that the Council is concerned about the design and exterior II quality of the building. I now see that the architect is here for the applicant that could probably better address those questions. [1.7 Brad Johnson: I thought maybe first of all we could review the process that ' we're going through to get everything in order since we did change them around a ' 46 les 99464ty Council Meeting - June C, 1988 C , Jim Wehrle: The reason being that they didn't want the traffic oin down Pleasant View. g 9 Councilman Horn: That plus MnDot recommended that as an improved traffic flow pattern. Jim Wehrle: You still have to keep traffic from going west on Pleasant View. Acting Mayor Geving: I think we beat this enough. Let's go ahead with a motion. I think we've got enough information now to move. Jay, you've got one comment? Councilman Johnson: Yes, one more comment. A total restriction of turning, would our liability position only be cured by a total ban on right turns or would a precautionary sign provide us some liability? Saying some kind of wording warning people of the turn. Right turns at your own risk? That doesn't sound real good. Acting Mayor Geving: Let's move ahead on this. Councilman Boyt moved, Councilman Horn seconded to post a no right turn sign at the intersection of Pleasant View Road and Near Mountain Boulevard. That the sign be posted simultaneously with notifying the residents that the City will be considering the reshaping of the intersection and inviting than to a public hearing on July 25, 1988. All voted in favor and the motion carried. Acting Mayor Geving: We have directed staff then to come up with these estimates of cost, Gary, for alternatives on the 25th as well as the motion. SIGN PERMIT VARIANCE REQUEST TO SECTION 20-1260 TO CONSTRUCT AN 80 SQUARE FOOT PYLON SIGN, 615 FLYING CLOUD DRIVE, SUPERAMERICA STATION, ROMAN MUELLER. Councilman Horn moved, Councilman Johnson seconded to approve permitting SuperAmerica to install an 80 square foot pylon sign with a maximum 20 foot height prior to receiving a conditional use permit with the following condition: 1. The applicant must conform to any conditions made as part of the conditional use permit. ' All voted in favor and the motion carried. Roman Mueller: Just a quick question on the recommendation from staff about ' being able to place the sign contingent on conditions being placed after this point in time. That puts us in a little strange situation where we can put our sign up. ...close your store to do it. I'm wondering, is there any assurance from City Council, is this going to be too drastically changed from what was spoken about in the previous meeting? Councilman Horn: I think there's a precedent here. Obviously, we found that L!! the Holiday has an 80 square foot sign. For them to come back and tell you that Cil you have to close your store for you to put up an 80 square foot sign, they'd have a little trouble supporting that. 48 ' IICity Council Meeting - Jul-- 27, 1988 93 Roman Mueller: I understand there would be some problems there but I'd like to avoid any problems. Acting Mayor Geving: I think you're on safe ground. OIL RECYCLING ORDINANCE. ' Councilman Horn: I'm going to move that we include waste oil recycling as part of our current recycling and have it done at a central facility such as public works as Don has recommended. ' Acting Mayor Geving: I will second the motion. I think I'd rather second this for explanation of what your problem is Bill. Councilman Boyt: Okay. I've been working on this for a year and a half and that's simply not enough. This is a major problem and to say that we can cover it by having one pick-up spot that's open 8 hours on a Saturday isn't going to get it. Acting Mayor Geving: Are you saying that the recycling center because it's only ' open on Saturdays would be a major obstacle to this plan? Councilman Boyt: We have got to make this as convenient for people as we can because what they're doing right now is damaging and very convenient. I think that we have suggested in front of us options that are, given the damage, at a fairly reasonable cost. I would like to see the City contract with 2 or 3 pick- up spots which I think pretty much would limit to the facilities that now change ' oil in town. Don suggested $500.00 to $1,000.00 might do it. I think that's an awfully good expenditure of City money if it keeps oil out of our lakes. I think that we should require-all new sites to put this in. We're talking about a $1,000.00 expenditure. Something that can easily be, if it's built into the new facility, it can be provided for, it would be a neat, orderly and safe spot to hold it. Certainly the City should provide collection at it's garage in the recycling effort. If I had it my way, honestly, if I thought it would pass, I would say every place that chooses to sell oil has to collect. We're talking about a $1,000.00 expenditure but we're talking about oil that gets collected and doesn't get dumped. But since that won't pass, I think Don's suggestion of ' contracting is excellent. I think all new sites that are going to sell oil should provide waste collection. Councilman Horn: I thought that was my recommendation to go along with Don's recommendation. That it be at the public safety and also set up a contracting site so we can have 18 hours and 7 days a week coverage. ' Councilman Johnson: You didn't say that. Councilman Horn: I said Don's recommendation. Acting Mayor Geving: Does that sound like what you want done? Let's say Brown says he'll take the oil as a contracter and at the same time Don's suggestion says, we'll open up the recycling center and public works garage and we'll pick up this used oil on Saturdays. Does that satisfy yours? ' 49 E. (I fff 1 C I TY OF -- 1 ,._ _, kl t. \ CHANHASSEN r i 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937-1900 ' ; '- MEMORAND~` :._Tiorsetl_1<_, _ TO: Don Ashworth, City Manager FROM: Jo Ann Olsen, Asst. City Planner . , s.', fin/za/f,f -- 1 DATE: June 22, 1988 - - - - SUBJ: SuperAmerica Sign ----- 64-? NSF_ - 1 On June 13 , 1988, the City Council tabled action on the sign variance request for SuperAmerica until it could be determined II whether the application should be processed as a conditinal use permit or a variance. Staff conferred with the City Attorney and agreed that the application could be processed as a conditional II use permit. The conditional use permit will permit an 80 square foot pylon sign with City Council approval and any conditions deemed necessary. The conditional use permit will be reviewed by the Planning II Commission on July 20, 1988, and the City Council on August 8 , 1988 . During the June 13th City Council discussion, it appeared II the Council was in favor of permitting SuperAmerica an 80 square foot pylon sign. Rather than make the applicant wait to install the sign after August 8, 1988, staff is recommending the City IICouncil permit the applicant to install the 80 square foot pylon sign immediately with the understanding that any conditions of the conditional use permit will have to be followed. RECOMMENDATION II The City Council approves permitting SuperAmerica to install an 1 80 square foot pylon sign with a maximum 20 foot height prior to receiving a conditional use permit with the following condition: 1 . The applicant must conform to any conditions made as part of II the conditional use permit. STAFF UPDATE 1 Staff researched the size of the existing Standard and Holiday Station signs. The Standard sign is 69 square feet and the II Holiday sign is 80 square feet. Staff spoke with sign companies and found that 80 square feet is a typical and adequate size for a pylon sign. The sign company also stated that many signs were 64 square feet. Since the sign ordinance allows for 80 square II foot pylon signs as a conditional use permit, staff feels the ordinance is appropriate and should not be amended. II Planning Commission Meeting IJuly 20, 1988 - Page 8 ll I 8. All erosion controls shall be in place prior to the commencement of any construction, and shall remain in place throughout the duration of construction. The developer shall periodically inspect the erosion controls and make any necessary repairs promptly. I9 . The plat shall maintain the 64th Street street name. IAll voted in favor except Conrad who opposed and the motion carried. I Conrad : And my reason for opposition. I like the subdivision . I do not like the cul-de-sac. I don ' t think it' s the best plan. Having the cul-de-sac there for future use . IPUBLIC HEARING: SUBDIVISION REQUEST TO SUBDIVIDE 76 . 5 ACRES INTO TWO LOTS OF 66. 5 AND 10 I ACRES ON PROPERTY ZONED A-2, AGRICULTURAL ESTATE AND LOCATED AT 775 WEST 96TH STREET, TIM ERHART. Conrad : It is my understanding that Mr . Erhart has asked this to be tabled. I Erhart : Before we do that, let me explain the reason for this is that in purchasing the land on a contract for deed 8 years ago, the contract is up next March and with the help of Mr . Perpich, in order to get , because of I the new foreclosure laws, whereas banks will not mortgage properties larger than 10 acres because they can ' t foreclose on them anymore . If you want to get a mortgage, you've got to have a lot size of 10 acres or less . Therefore , I 'm required to get a mortgage to subdivide and plat out 10 I acres around the house. So anyway, we didn ' t get a chance to meet with staff on some issues and I felt there were some clarifications to be made so I asked that we postpone. I 've got until April . I Headla moved Ellson seconded to table action on Subdivision Request I #88-18 per the applicant ' s request. All voted in favor and the motion carried . I PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR SUPERAMERICA STATION, INC. TO CONSTRUCT AN 80 SQUARE FOOT PYLON SIGN ON PROPERTY ZONED A-2, AGRICULTURAL ESTATES IAND LOCATED AT 615 FLYING CLOUD DRIVE, ROMAN MUELLER. If- Jo Ann Olsen presented the staff report. (There was a malfunction of the tape at this point in the meeting . ) I ' imi 1 Planning Commission Meeting July 20, 1988 - Page 9 47 Conrad : When we allow a conditional use , as staff has directed us so many I times when we have developed ordinances, we need to know what those conditions are that we' re looking for . Olsen: You have the basic conditions of a conditional use. . . .we looked at that and we added that you should add an additional condition. . . Conrad: So staff is real comfortable that this is not setting a precedent? That this is in conformance with the point of a conditional use and that it meets the conditional use criteria that the ordinances lay I out? Olsen : Right. Conrad: Okay, good. Wildermuth moved, Ellson seconded that the Planning Commission recommend approval of Conditional Use Permit Request #88-12 for an 80 square foot pylon sign for SuperAmerica on Highway 212 with the following conditions : 1. The height of the sign cannot exceed 20 feet. ir 2. The new sign must be located in the exact location of the existing , sign. All voted in favor and the motion carried . PUBLIC HEARING: SUBDIVISION REQUEST TO SUBDIVIDE 70 ACRES INTO ONE INDUSTRIAL LOT AND TWO OUTLOTS ON PROPERTY ZONED IOP, INDUSTRIAL OFFICE PARK AND LOCATED AT THE SOUTHWEST CORNER OF HWY. 5 AND AUDUBON ROAD, MCGLYNN BAKERIES. Public Present: Name Address ' Mark Koegler Representative for Applicant Mike McGlynn Applicant Mr. and Mrs. Bert McGlynn Applicants ' JoAnn Olsen and Larry Brown presented the staff report. 1 Chairman Conrad called the public hearing to order . Mark Koegler : Let me make a couple of introductions and then brief comments. To my left is Bert and Mike McGlynn. Obviously, of McGlynn Bakeries . . . .Just a response to a couple of things that Larry brought up. First of all in terms of the overall plat, the attempt is, as shown as Lot 1 and Block 1 will be retained under McGlynn Bakeries' ownership. The .