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HomeMy WebLinkAbout06-11-2009 Planning Commission PacketE�U CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING AGENDA Thursday, June 11, 2009 7:00 p.m. — City Hall Council Chambers I. Call to Order: II. Agenda Approval: III. Approve Minutes of May 14, 2009: (1) IV. Department / Commission Liaison / Other Reports: V. Visitors /Public Comment: This is an opportunity for the public to address the Commission with questions or concerns regarding items not on the agenda. Please limit comments to three minutes. VI. Public Hearings: A. McDonald's Restaurant to consider requests of Franchise Realty Interstate and McDonald's U.S.A., LLC for a drive - through Conditional Use Permit and a setback Variance related to the removal and reconstruction of McDonald's Restaurant located at 14546 60 St. N. (2) B. Xcel Energy to consider request of Northern States Power d /b /a Xcel Energy for a Conditional Use Permit Amendment for construction of a fly ash transfer facility building as part of the A.S. King Plant Rehabilitation project, located at 1103 King Plant Rd. (3) VII. New Business: VIII. Old Business: IX. Informational: A. Upcoming Planning Commission Meetings July 9, 2009 7:00 p.m. (Council Chambers) August 13, 2009 7:00 p.m. (Council Chambers) September 10, 2009 7:00 p.m. (Council Chambers) B. Council Representative June — Commissioner LeRoux July — Commissioner Powell August — Commissioner Liljegren X. Adjournment. ENCLOSURE 1 t CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES ' Thursday, May 14, 2009 Call to Order: Chair Wasescha called the meeting to order at 7:00 p.m. Present: Commissioners Bye, LeRoux and Powell; City Administrator Johnson, City Planner Richards and Commission Liaison Abrahamson. Absent: Commissioner Liljegren. Agenda Approval: Commissioner Powell, seconded by Commissioner LeRoux, moved to approve the Agenda as presented. Carried 4 — 0. Approve Minutes of April 9, 2009: Commissioner Powell, seconded by Commissioner LeRoux, moved to approve the Minutes with correction to the spelling of Keith Bruchu's last name on page 3 of the Minutes. Carried 4 — 0. Department /Commission Liaison & Other Reports: Commission Liaison Abrahamson informed the Commission that the City Hall project has commenced with the groundbreaking ceremony held Tuesday, May 12, 2009. Visitors /Public Comment: None. Public Hearings: A. Oakgreen Village: Carriage House Cooperative & Oakgreen Commons to consider requests of Timothy Nolde of Green Twig LLC and Oakgreen Villa LLC for Planned Unit Development: Concept & General Plan Approval, Preliminary & Final Plat Approval, Building Height Variance, and Drainage /Utility Vacation for construction of Carriage House Cooperative & Oakgreen Commons as part of the Oakgreen Village Development. City Planner Richards reviewed the May 6, 2009 planning report as to the request, noting that the City Council had earlier approved a concept PUD general request for the first phase of Carriage House Cooperative and that the applicant withdrew that request prior to the May 14, 2009 public hearing. Richards further noted that the current request calls for a two story, 48 unit Carriage House Cooperative building and a four story, 110 unit Oak Park Commons assisted living facility building. Richards provided an issue analysis and discussed items to the request and concluded his report with a staff recommendation, subject to the conditions noted within the report. Chair Wasescha opened the hearing and invited the applicant and any visitors to speak. Planning Commission Minutes May 14, 2009 Page 2 of 5 Tim Nolde of Green Twig LLC and Oakgreen Villa LLC introduced himself as the applicant and discussed the project site history and how it has that they have come to their current plan based on demand for the demographic area. He noted that the four story building for Oak Park Commons was necessary to accommodate the number of units needed to make the project financially feasible and stated that he believed the number of units to the building was actually 120. Mr. Nolde stated that they would be incorporating quality materials and design to make the buildings aesthetically pleasing and that when completed it would be an attractive addition to the City as well as create some new jobs. Mr. Nolde and his associates to the project, engaged in general discussion with the Planning Commission and staff as to a wide number of issues including issues related to parking and drive aisle width (employee numbers, deliveries and parking), setbacks, power lines, pedestrian travel and trails, trees and landscaping, building design and materials, gable roof design, architectural elements, full cut off lighting, signage lighting and more. Chair Wasescha asked that the architect consider the locations of the bedrooms and bathrooms and the distance between them realistically in light of those being serviced by the rooms. There being no other visitors to the public hearing, Commissioner LeRoux, seconded by Vice Chair Bye, moved to close the public hearing. Carried 4 — 0. Commissioner LeRoux acknowledged the efforts undertaken to redesign the project area. Discussion ensued as to Oakgreen Ave. traffic and the outlook of placement of stoplights at 58 St. N. and Oakgreen Avenue and /or widening of Oakgreen Avenue. N., and the conditions of the City Planner's report reviewed and discussed. Chair Wasescha, seconded by Vice Chair Bye, moved to recommend City Council approval of the requests subject to the conditions noted within the May 6, 2009 planning report, as amended, specifically that: 1. The preliminary and final plat shall be approved by the City Engineer and City Attorney. The plat shall dedicate the right -of -way for Oakgreen Avenue. 2. The applicant shall provide a graphic indicating which easements shall be vacated as part of the process, subject to review and approval of the City Engineer and City Attorney. 3. The Planning Commission is favorable to the proposed setbacks as part of the approval process for the PUD. 4. The traffic numbers are subject to review and approval of the City Engineer. 5. All tree removal and landscape plans shall be subject to review and approval of the City Arborist. Planning Commission Minutes May 14, 2009 Page 3 of 5 6. The grading and drainage plans shall be subject to City Engineer and applicable watershed authority review and approval. 7. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 8. The Planning Commission is favorable to the proposed private and public trail system. 9. All utility plans shall be subject to review and approval of the City Engineer. 10. The site plan shall be revised to indicate 28 proof of parking stalls in addition to the stalls provided. The plans for proof of parking shall be subject to the review and approval of City staff and the City Engineer. 11. The trails and sidewalks shall be constructed in accordance with the City Engineer's review and approvals. 12. The Planning Commission was favorable to the final building plans. The applicant shall provide a materials board for both buildings to be discussed at the City Council meeting. 13. The Planning Commission was favorable to the conditional use permit for the building height. 14. The snow storage area shall be subject to review and approval of the City Engineer. 15. All lighting fixtures shall be full cut off and the maximum height of all freestanding light fixtures shall be no more than 25 feet. 16. The Planning Commission was favorable to the use of bollard light fixtures if they include an internal cutoff fixture. The lighting for the monument signs shall be compliant with the Zoning Ordinance and be subject to review and approval of City staff. 17. The site plans shall be revised to include electrical transformers subject to review and approval of City staff. 18. The applicant shall supply the homeowner's association documents as required bythe City Attorney for review and approval. 19. The applicant is required to enter into an amended development agreement with the City in a form acceptable to the City, subject to the review and approval of the City Attorney. 20. The applicant has indicated in his application for Tax Increment Financing (TIF) that this project will not move forward without TIF approval. The approval of the planned unit development is contingent upon approval of the TIF. Planning Commission Minutes May 14, 2009 Page 4 of 5 21. All existing wells shall be capped and septic systems removed in accordance with State and local requirements subject to review and approval of the City Engineer. 22. Any other conditions of City staff and the City Council. Carried 4 — 0. New Business: A. Tax Increment Financing Request: (Renewal & Renovation) District No. 1 -1, in conjunction with the Carriage House Cooperative project. City Administrator Johnson noted that the application was relative to the Carriage Homes Cooperative and Oakgreen Commons Assisted Living projects and that the developer has indicated that without tax increment financing (TIF) assistance, he would be unable to proceed with the projects. Johnson stated that Northland Securities has done an in depth analysis of the TIF application material and has provided a favorable opinion. Johnson reviewed the site area involved, the TIF assistance process and steps in that process that have already been undertaken. He noted that the TIF district is a "pay as you go" renewal - redevelopment district and that if for some reason the development does not follow through, the City is not liable to any of the costs associated to the project. Johnson discussed the potential long term impacts and benefits that could be generated. In the district proposed such benefits would potentially include new jobs, new utility systems, increased property value, long term tax revenue, residential population increase which could assist in the City meeting State road aid criteria, right -of -way and /or easement agreements for future Oakgreen Ave. expansion should it become necessary, and the potential for TIF pooling funds being available for other TIF eligible expenses within the City upon a full build out of the development and their property values being applied. Johnson summarized and discussed the TIF application compliance relative to the City's TIF Policy. He advised the Planning Commission that if they found themselves generally favorable to the request he recommended they adopt the provided resolution and forward it to the City Council and recommended an alternate process should they not find themselves generally favorable to the request. Planning Commission discussion ensued as to the mechanics of TIF assistance financing and how it was paid for, the best land use for the area, how the taxes for the area are calculated and paid, their being no out -of- pocket costs incurred by the City, benefits of the project and TIF at the projects completion, State road aid population criteria and others. Planning Commission Minutes May 14, 2009 Page 5 of 5 Mr. Nolde estimated his construction time frame for the buildings to be 2009 for the Oak Park Commons Assisted Living building and likely 2010 for the Carriage House Cooperative building, which is subject to number of units being sold before construction commencement. Mr. Nolde stated that 33 units need to be sold before construction can commence and that he presently has 12 units sold. Commissioner LeRoux, seconded by Commissioner Powell, moved to adopt the provided resolution and forward a recommendation to approve the request to the City Council. Carried 4 — 0. Old Business: None. Informational: A. Upcoming Planning Commission Meetings June 11, 2009 7:00 p.m. (Council Chambers) July 9, 2009 7:00 p.m. (Council Chambers) B. Council Representative May — Chair Wasescha June — Commissioner LeRoux July — Commissioner Powell Adjournment: Commissioner Powell, seconded by Commissioner Bye, moved to adjourn the meeting at 7:36 p.m. Carried 4 — 0. Respectfully submitted, Julie A. Hultman Planning & Code Enforcement Officer Approved by the Planning Commission: ENCLOSURE 6 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com TO: Eric Johnson FROM: Scott Richards DATE: June 4, 2009 RE: Oak Park Heights - McDonald's Conditional Use Permits and Setback Variances for Removal and Replacement of the Restaurant at 14545 60 Street North FILE NO BACKGROUND 798.02 - 09.04 Dale Shimek, representing McDonald's USA, LLC, has made application for removal and replacement of the McDonald's restaurant at 14545 60 Street North. The site will be reconfigured to allow a two aisle ordering system and to replace the existing building with an updated structure that includes a play place. The following approvals are requested to allow the site redevelopment: 1. Conditional use permit (CUP) for a fast food restaurant with drive - through. 2. Conditional use permit to allow reduced parking requirement. 3. Conditional use permit to allow curb cuts greater than 24 feet in width. 4. Variance for reduced parking area setback. 5. Variance for number of allowed signs. The site is located along the south frontage road (60 Street North) of Highway 36, east of Omaha Avenue North. The property is zoned B -2, General Business District. Attached for reference: Exhibit 1. Title Sheet (C0.1) Exhibit 2. Existing Conditions (C1.1) Exhibit 3. Demolition Plan (C1.2) Exhibit 4.. Site Plan (C2.1) Exhibit 5. Grading, Drainage, Paving and Erosion Control (C3.1) Exhibit 6. Utilities (C4.1) Exhibit 7. Site Photometrics (E2.1) Exhibit 8. Landscape Plan (1-2.1) Exhibit 9. Floor Plan /Elevations (ALL) Exhibit 10. Floor Plan -Front (A1.0) Exhibit 11. Floor Plan -Rear (A1.1) Exhibit 12. Rooftop Plan /Lighting Fixtures (A1.2) Exhibit 13. Elevations (A2.0) Exhibit 14. Elevations (A2.1) Exhibit 15. Color Elevation V Exhibit 16. Lighting Specifications Exhibit 17. Sign Details Exhibit 18. Memorandum, Dale Shimek, May 26, 2009 ISSUES ANALYSIS Exhibit 19. Memorandum, Kathy Widin, City Arborist Exhibit 20. Memorandum, Karen Erickson, City Engineer Comprehensive Plan /Zoning. The Comprehensive Plan guides the property for commercial use. The property is zoned B -2, General Business in which drive -in convenience food establishments are a listed conditional use. Subdivision. The property is platted as Lot 1, Block 1 Raduenz Addition. There are no changes requested related to the lot or easements. Traffic Circulation /Curb Cuts. The proposed site plan indicates a one -way traffic flow through the site as currently configured. The storage building would be removed and the two drive -up order boards are proposed at the rear of the building. The project architect has worked with Karen Erickson, the City Engineer, to ensure adequate width for the drive - through and the drive aisle. The site has been designed with diagonal parking, an 18 foot drive aisle, and nine foot drive - through lane in conformance with the City Engineer's recommendation and the Zoning Ordinance standards for parking lots. Section 401.15.F.h.(2) specifies that one curb cut is allowed for 125 feet of lot frontage. With 160 feet of frontage on 60 Street North, the site is not in conformance with that provision. The two curb cuts are an existing situation and are to be replaced almost exactly as currently configured. The two curb cuts are to be 27 feet in width. The Zoning Ordinance requires curb cuts over 24 feet in width to be allowed only through conditional use permit. The applicant has requested the conditional use permit as part of the application. City staff recommends that the curb cuts be allowed to facilitate turning movements into and out of the site for delivery trucks and emergency vehicles. The applicant should provide additional information as to how deliveries will be made to the store, and where the unloading will take place. The frequency and time of deliveries should also be discussed by the Planning Commission and City Council. Setbacks. Building setbacks required in the B -2 District are as follows: Building Setbacks Required Proposed Front 40 feet 41 feet Side 10 feet 65 feet west / 50 feet east Rear 20 feet 113 feet The building setbacks are complaint with the Zoning Ordinance requirements. Currently, the parking lot abuts the property line in locations on the west and east and a 16 foot setback is provided on the south. The proposed site plan indicates a 10 foot setback on the west, four and one -half feet on the east, and 19 feet on the south. A 2 variance from Section 401.15.F.4.h.17) will be required to allow for the reduction in required side yard setback. The applicant has provided a review of the criteria found in Section 401.04.A.5 of the Zoning Ordinance related to issuance of a variance: In accordance to Oak Park Heights Zoning Ordinance (Section 401.04.A.5), McDonald's Corporation is requesting a variance to the required 10 foot side setback along the east property line. Below is a narrative providing justification and proof of hardship. a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. The existing lot is 160 feet wide, which is insufficient to allow for 10 foot setback on the east side. We submitted a site plan with 10 foot setbacks using minimal parking stall length and minimal drive lane widths to Karen Erickson of Bonestroo. Upon review, she recommended increasing the drive lane widths to allow for better traffic flow. The resulting layout requires a four foot side setback along the east property line. If required to provide a 10 foot setback, approximately 22 parking stalls would be lost. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. The existing McDonald's Restaurant has zero setbacks on the east and west sides. The proposed plan increases the west setback to the recommended 10 feet and the east setback to four feet. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. Not applicable. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. If required to maintain 10 foot setbacks on both sides, we would not be able to function as a drive -thru restaurant. The lot to the east (Pizza Hut) has a setback of approximately one foot. The lot to the west (Taco Bell) has an approximate setback of four feet. C. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. The existing McDonald's Restaurant was built prior to the implementation of the city ordinances requiring 10 foot setbacks. All reasonable measures have been taken to greatly improve the existing setbacks. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. With the granting of this variance request, McDonald's will have a greater setback than adjacent properties. e. The request is not a result of non - conforming lands, structures or buildings in the same district. The proposed building, etc. will be conforming. f. The request is not a use variance. No. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The lot layout, with the four foot setback on the east side, is the minimum variance necessary. h. The request does not create an inconvenience to neighboring properties and uses. Since the existing McDonald's Restaurant has zero setbacks, no inconvenience or impact on their use will occur. Parking. The following table provides an analysis of proposed and required parking spaces: Parking Requirements Area Required Spaces 1 er 35 square feet 2,133 X .9 = 1,920 SF dining/service 55 1 per 80 square feet 1,604 X .9 = 1,444 SF kitchen/storage 18 1 per 200 square feet 63 X.9 = 57 SF 0 2 spaces Drive-through window 2 TOTAL 75 Per ordinance, the site would require 75 parking spaces. Currently, there are 67 spaces. The proposed site plan indicates a total of 59 spaces, three of which are disability accessible. The applicants has requested a conditional use permit to construct fewer spaces than what is required by ordinance. They have provided examples of similar McDonald's currently constructed in the Metropolitan Area with fewer stalls than required by ordinance and similar in number to what is provided for the Oak Park Heights location. With much of the business being provided through the drive- through, the numbers of patrons sitting in the restaurant is much fewer than when the parking requirements were first established. In addition to the parking requirements, 180 feet of stacking space is required for the drive - through facilities. There is approximately 240 feet of stacking space provided. With the dual ordering boards, the drive - through will be able to process orders quicker thus reducing the lines of cars that form at this McDonald's location. E In evaluation of the requested conditional use permit for a parking reduction, Section 401.04.A.7 of the Zoning Ordinance directs the Planning Commission and City Council to consider the possible effects of the proposed use, with that judgment based upon (but not limited to) the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. C. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The Planning Commission and City Council should determine if a 16 stall reduction would be appropriate for the restaurant. Staff does not see the reduction of 16 stalls as significant for this type of restaurant. Snow Storage. The plans do not indicate an area for snow storage. The applicant shall provide a snow storage /removal plan. Landscaping. The submitted landscape plan is subject to City Arborist review and approval. City Arborist comments are found as an exhibit to this report. Lighting. The submitted photometric plan illustrates light levels that exceed the maximum of .4 foot candles. The lighting must be revised and a photometric plan must be submitted that complies with Section 401.15.B.7.d. This section reads: "No light source or combination thereof which cast light on a public street shall exceed one (1) foot candle meter reading as measured from the centerline of said street nor shall any light source or combination thereof which cast light on adjacent property exceed four - tenths (0.4) foot candles as measured at the property line." The light levels on the west and east property lines exceed the allowable light levels. The lighting plan shall be revised to comply subject to review and approval of City staff. Light standards may not exceed 25 feet from the ground surface to the top of the light fixture. The light fixtures, as provided in the application materials, are full cut off and compliant with the Zoning Ordinance. Any lights visible through the windows of the structure should also be shielded and full cut off. Trash Storage. A trash storage room is included within the building with access from a door on the west elevation. Mechanical Screening. The submitted information includes the location of roof top mechanical units and a section including the visibility of the roof top units. From the 5 section diagram, it appears as though at least one of the units would not be fully screened by the parapet. The applicant should provide section drawings indicating a pedestrian from the parking lot looking toward the roof to determine if adequate screening is provided. In the alternative, the parapet would be raised to this point to address the screening issue. Noise. Sound levels from ordering and announcement equipment shall be in compliance with Section 401.15.B.11 of the City Zoning Ordinance. This section states that the emission of noise by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation NPC 7010, as may be amended. Grading, Drainage, Erosion Control and Utilities. Grading, drainage, erosion control, and utility plans are subject to review and approval by the City Engineer. Storm water issues are also subject to review and approval by the applicable watershed authority. Overhead Distribution Lines. The applicant shall bury, or agree to pay for the burial, of the overhead distribution lines along 60 Street North. A condition has been added to address this issue. Design Guidelines. The Design Guidelines require buildings to be designed specifically for the site and to relate to the existing buildings around them and in the area. The Stillwater Area High School is considered a key component of the community and the continuation of that architectural style, colors and materials is desired. Franchise architecture is prohibited. Building color wraps and internally illuminated signs are also prohibited. Less than five percent of a building may be primary or vivid colors. Quality. The proposed McDonald's is a new architectural prototype that reflects the current style and materials used in most of the recent commercial developments constructed in Oak Park Heights. The proposed building meets the quality standards of the ordinance, which states that buildings in all zoning districts shall maintain a high standard of architectural and aesthetic compatibility with surrounding properties to ensure that they will not adversely impact the property values of the abutting properties or adversely impact the public health, safety, and general welfare. A color graphic of the completed McDonald's has been included with the report. The graphic illustrates the restaurant's size, scale, composition, colors, and exterior materials. Exterior Finishes. The exterior of the restaurant is proposed to be finished with a combination of brick, EIFS, glass, metal trim, and a metal roofing system. Metal awnings and a metal trellis system are also used on the structure. The proposed r exterior building materials are consistent with the ordinance standards for grade and quality. Color. Most of the proposed materials are of soft, warm earth tones consistent with the Design Guidelines. The metal roof elements will be in a franchise yellow color as well as the awnings. The Design Guidelines indicate that less than five percent of the building shall be a primary or vivid color. On the north fagade, facing 60 Street North, 10.2 percent of the total fagade would be the yellow trim color and awnings. On the elevation facing west, the awnings and trim would total 3.1 percent of the fagade. In order to be compliant with the Design Guidelines, staff has suggested that the applicant replace the awnings with a more neutral color to match the materials found in the building. Other applications, such as Taco John's and Kentucky Fried Chicken, were asked and did change their color schemes to comply with the Design Guidelines. In addition, the canopies are to be upward lit with light bars. These fixtures are not compliant with the requirements found in the lighting standards of the Zoning Ordinance and must be revised unless allowed by the City Council. The applicant shall provide building material samples for Planning Commission and City Council review and approval. Signage. Freestanding Sign. The applicant has proposed that the existing freestanding sign at the front of the building remain as is. The sign is 35.6 feet in height and the face of the sign is set at the property line. The current sign includes a changeable message board. The Zoning Ordinance would allow one freestanding sign on the site no more than 100 square feet and at a maximum height of 20 feet. The sign, by ordinance, should be set back five feet from the property line. The sign is a legal non - conformity, but as part of any redevelopment conditional use permit, the City could require the sign to be removed and be replaced with a conforming freestanding sign. Staff recommends that it be removed and replaced with a compliant sign. Wall Signage. The following wall signage is proposed: 7 Total No. Total Sin Square Feet of Signs Square Feet North Fagade: "M" 4 square feet 1 4 McDonald's 32 square feet 1 32 East Fagade: "M" 4 square feet 1 4 McDonald's 32 square feet 2 64 South Facade: "M" 4 s uare feet 1 4 West Fagade: "M" 4 square feet 1 4 McDonald's 32 square feet 1 32 TOTAL 8 144 7 The Zoning Ordinance would allow for two wall signs on separate building facades. The total allowable sign area, with the freestanding signs, would be 300 square feet. The applicant has proposed a total of eight wall signs with a total of 144 square feet. For other businesses along Highway 36, the City has granted variances for numbers of allowable signs, and usually allowed a total of three wall signs. Staff recommends that a variance be granted for three wall signs, each on a separate fagade, with either the "M" or "McDonald's" being the choice of the applicant. The plans indicate two welcome signs above the two entrance doors. The signs are approximately 2.5 square feet each and are directional in nature and not calculated as part of the overall signage. Order Boards /Directional Signage. The plans indicate two order boards, overhead "order here" signage, and four directional freestanding signs located at the front of the store. The order boards are not considered signage and do not factor into the signage calculations. The four directional boards, two at each driveway entrance, may be confusing and are totally unnecessary. The Zoning Ordinance allows for two directional signs as long as they do not exceed 12 square feet. Therefore, any two of the four proposed directional signs shall be allowed. Staff also recommends that the "order here" signage is unnecessary and should not be allowed by variance. CONCLUSION / RECOMMENDATION Subject to the preceding review, City staff recommends approval of the following listed requests subject to the conditions that follow: ® Conditional use permit (CUP) for a fast food restaurant with drive - through. ® Conditional use permit to allow reduced parking requirement. 9 Conditional use permit to allow curb cuts greater than 24 feet in width. ® Variance for reduced parking area setback. ! Variance for number of allowed signs. 1. The applicant shall provide additional information as to how deliveries will be made to the store including the frequency and time of deliveries. 2. The applicant shall provide a snow removal plan subject to review and approval of City staff. 3. The applicant shall provide a revised photometric and lighting plan that complies with the provisions of Section 401.15.B.7.d of the Zoning Ordinance. All light fixtures, including those within the building and visible through the windows, should be full cut off and compliant with the Zoning Ordinance. 4. The applicant shall provide section drawings of the roof top units indicating that adequate screening is provided for all mechanical equipment. N . 5. All noise generated from the store shall be compliant with Section 401.15.13.11 of the Zoning Ordinance. 6. All grading, drainage, erosion control, and utility plans are subject to review and approval of the City Engineer. Storm water plans are also subject to review and approval of the applicable watershed district. 7. The applicant shall bury the overhead distribution lines along 60 Street North. The timing of that improvement shall be coordinated with the burying of distribution lines in the area between Oakgreen and Osgood Avenues, along 60 Street North. The applicant shall escrow sufficient funds, as specified by the City Engineer, to complete the improvement or agree that the City will complete the work and petition for the public improvement, waiving notice of public hearing and assessments, as required under Minnesota Statute 429. 8. The applicant shall provide a revised color for the metal canopies subject to review of the Planning Commission and approval of the City Council. The canopy color shall be a more neutral color to match the materials found in the building. 9. The canopies, or building trim, or building facade shall not be up lit with light bars or other lighting devices. 10. The Planning Commission and City Council shall comment on the building design and building materials. The applicant shall provide building material samples for Planning Commission and City Council review. 11. The applicant shall remove the existing freestanding sign and replace it with a sign compliant with the signage requirements of the Zoning Ordinance. 12. The Planning Commission and City Council consider a variance for a total of three wall signs, each on a separate fagade, with either the "M" or "McDonald's" being the choice of the applicant. 13. The ordinance allows two directional signs as long as they do not exceed 12 square feet. The applicant shall be allowed two directional signs at the 60 Street North entrance and shall not be allowed the other two directional signs and the "order here" signage at the rear of the store. 14. Outdoor lighting for the parking areas shall be turned off one hour after closing, except for approved security lighting. 15. 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Ii;111 1 1 1 i 1 1 1 { {I {Ii'ill'ili''' ° 114%li�ll e n .: m m• I 1 11,1,1 ,1 1,1,1,1,1,1 l , l ,l,llllll l ih ! � 111 i 1111':1111 {41!11111 4�1 � I ��I�dGia liallallilllh i • . 1'PI{ I ' 1 � 1 41' I a Illll111111Y'II 1 il;l;;lll�ljj;l!;I;I {A;�.J . ! ° ' '4'1 {p © ' i' ililAlyi�iihl�i�i�iy4�l4i�ii '�i;iMli� • � iil li�j � '� 11' 111 {llll41i411111�1'I'lll;;;;;4;r iii, , 1 i m '�'' 11111111111 ;11;i11111111i1i11111111'IIi� ill INS 1 ��, 1, 1 ; 1;{, j 141 ';lll4jl4ji;llljljljl;l = {,i4 ° ,1 rrl l �'�j�'� 1 _ Illilil hh 1 1 1 1 1 1 1 1 iii i j�ll ! I ! 1 1 11111 hull I, IIIIII14111Ii1111111,1 l,l,l,l;l;l 1, ,�, �li •'i iil {il!I � ii liiiiii'i;i;iil;ii {iiiil Y,�; �il�� �� �I� i � h 1 111 JJJ�� , u111��11111h11111�i11111 '1111111 h1 �p �fll 3N7 EXHIBIT 15 "fit. .F�lGl�y4'x :..'t�a�3t�k.trsrc� ".,J �:k� EXHIBIT 16 The RWSC Series radius wall sconce offers maximum versatility with multiple light sources and finishes. The available combination of uplight /downlight washes the building facade while the radial soft form housing will complement similar architectural design elements. �t S 0 Fixture S12ecifications FEATURES • Durable cast aluminum housing • Available in various lighting distributions for maximum versatility • Integrated design eliminates high angle brightness • Luminaire finished in weatherproof powder -coat paint ORDERING INFORMATION • Completely sealed, flat tempered glass lenses suitable for use in wet location • Ships complete with lamp DIMENSIONS e SAMPLE CATALOG NUMBER 7.25' 18.0" 9.0" R WSC XXXXXX Xx XX X9()( Series Wattage /Source Distribution Finish Voltage i RWSC Radius Wall Sconce UID Up /Downlight 120 120 volt WD Downlight only (wide distribution)- standard 277 277 volt WATTAGEIS FT Downlight only (forward throw) MT Multi -Tap 70PMH 70 watt pulse start metal halide 10OPMH 100 watt pulse start metal halide 150PMH 150 watt pulse start metal halide DB Dark Bronze QSL Quartz re -strike with lamp 70HPS 70 watt high pressure sodium BK Black F single fusing 100HPS 100 watt high pressure sodium WH White FF Double fusing 150HPS 150 watt high pressure sodium PS Platinum Silver EM12` 1 MRII /MR16 two pin socket for 12v power 260F 26 watt quad tube Fluorescent (by others) 35w max. 35w MR I I lamp 32TRF 32 watt triple tube fluorescent 1 Cons factory for other lamp wattage and sources. i ncluded. p 2 Otherflnishes ovailobfe. consult factory. 420F 42 watt quad tube fluorescent 3 AvoilobleIn 120 volt only. 2EM12` 2 MRII /MR16 two pin sockets For 12v 4 Available with WD distribution only. 30LED 30 watt LED" s Not for use with LED source. power (by others) 35w max. 35w MR I lamp included. ACC IT EM Remote emergency ballast (fluorescent ony) V; A HUBBELL LIGHTING, INC. COMPANY n v Performance Designed Lighting Products www.securitylighting.com 1085 Johnson Drive • Buffalo Grove IL 60089 • m1 I -FRFF 800- 544 -4846 • PHONE 847 -279 -0627 • FAx 847- 279 70642 RADIUS WALL SCONCE the MI -IS Series is a compact HID luminaire engineered For outdoor floodlighting (available up to 2100 watt) that will blend easily into its surroundings. This Fixture is ideal For signage, landscaping, Flag poles, and general area floodlighting. F ix t ure tI6 . FEATURES • Die cast aluminum housing • Cast door frame • Luminaire finished in dark bronze weatherproof powder -coat paint (consult factory for optional finishes) • Tool -free entry with twin spring steel latches • UL listed for wet locations • Ships complete with lamp � 01 N1014._411 •' 1 • i1 *,, _`. C D B - - -a -- E— %% 1 - 1E v G o OT I gey 12. 0.8 75" NOTES: All units are Ouad Tap tm (120. 208, 240. 277 volt). • Weight reference: Y400H 26 1b,, 11.8 KG, K400H 31 lb,, 13.9 KG. • EPA 1.4 sq. k. gar A HUBBELL LIGHTING, INC. COMPANY Performance Designed Lighting Products www.securitylighting.com PULSE START MHS -Y400P -468 -1 MRS -S400P -468 -1 400 PS ED37 MHS -Y320P -468 -1 MKS -S320P -468.1 320 PS ED28 MHS -Y250P -468 -1 MKS -S250P -468 -1 250 PS ED28 HIGH PRESSURE SODIUM MHS4400-468 -1 MHS -S400S -468 -1 400 HPS E18 MHS -Y250S -468 -1 MHS -S250S -468 -1 250 HPS E18 MHS -Y7505 -468 -1 MRS -S150S -468 -1 150 HPS ED28 MHS -Yl00S -468 -1 MHS -S100S -468 -1 100 HPS ED28 *,, _`. C D B - - -a -- E— %% 1 - 1E v G o OT I gey 12. 0.8 75" NOTES: All units are Ouad Tap tm (120. 208, 240. 277 volt). • Weight reference: Y400H 26 1b,, 11.8 KG, K400H 31 lb,, 13.9 KG. • EPA 1.4 sq. k. gar A HUBBELL LIGHTING, INC. COMPANY Performance Designed Lighting Products www.securitylighting.com �� SP• Fixture Specifications 1; • Cast bronze lens ring with natural finish or brushed stainless steel. Eight captive 5/16" blackened stainless steel hex - socket cap screws. • Tempered clear lens, 3/1 6' thick, Flush with lens ring, slightly crowned. • One -piece molded silicone U- channel lens gasket wraps completely around lens flange • High temperature compression molded fiberglass impregnated composite housing, 3/16" min. wall composite. Charcol gray No top lip to trap dirt and moisture. Moided -in solid brass knurled inserts to receive socket base screws Separate driver and splice compartments, individual cast aluminum internal covers, with silicone gaskets. Two 3/4" NPT in bottom. 24 cu. in. splice area. Body and driver modules epoxy bonded. � E Optical system. 18 LED emitters configured in a circular array, mounted on yoke providing ±15 * 0 ' vertical adjustment and 340° horiztonal rotation, locking screws. Available in "Cool White" (approx. 5000 +K). • 2 electronic drivers, rated 12 watt and 6 watt, Available in 120v input 0 °F starting temperature 0 All drivers are UL listed 340° C� Optical Adjustment �(2) 3/4" NET 2" 10" 15° 1 5° I 3 /4 , f 9" 8 -3/4" l-__ • Anti - siphon barrier for wiring to and from splice compartment All components wire linked for ground, quick - disconnect for removal of optical system. ORDERING INFORMATION SAMPLE CATALOG NUMBER LTV71 XK 18LED '[X= Series Distribution Wattage /Source Lens Ring Finish Options F /Xf/tith?Ff 2iE$rz�y�$1/I tT7'lC�ifl�� %�' " 18LED277 18 watt LED. 277 volt HS50 Half shield lens ring die -cast bass only RG50 Rock guard lens ring cast hionze only TR50 Trim ring with Flush mounting in concrete, brass NF Narrow Flood NB Natural Bronze HLSO Hex cell louvers SS Brushed Stainless Steel UL / cUL 1 598 listed • IP68 rated 25C ambient +. A HUBBELL LIGHTING, INC. COMPANY Performance Designed Lighting Products www.securitylighting.com 1085 Johnson Drive • Buffah Grove. II. 60089 • T01 -FRF-F 800- 544 -4848 • Ni(')NF 847 -279 -0627 • FAx 847 - ?79 -0642 1 Al a t , I LLI LL w Vj I LL w w i1 !� u !� w ol, 0 r-a W ra I � ell �00 �* �00 00 'et o ryHIBIT 17 Everbrite kientity Syst 5 DMSan National #: 2288 City /State: Oak Park Heights, MN State Site Code: TBD Everbrite Contacts Account Manager: Andrea Humphreys ahumphreys @everbrite.com 865- 268 -1052 Customer Service Specialist: Emily Hance ehance @everbrite.com 865- 268 -1051 Regional Sales Manager: Maria Matthews mmatthews @everbrite.com 414 - 768 -5485 n Everbrite, LLC, 315 Marion Ave., South Milwaukee, WI, 53172 P: 888 - 857 -4078 F: 877 -430 -7363 www.everbrite.com Everbrite Identity Systems Division c i I Project Name NNO2288 Drawn B MM Y - ;deaa'wanz errenyenw•.ns sae urea m City/State Stillwater, MN Everbrite Contact Andrea Humphreys mPY� 9a �a —.by Scale Approved By Ewbft an s hag o1 be Scale Not to rep used by m Date Created 5/26/09 Date Revised awosad. any pmsm,, firm m cmyoratlon fm any propose wba6oevm. withatl mitten perrttisslort Everbrite, LLC, 315 Marion Ave., South Milwaukee, WI, 53172 P: 888- 857 -4078 F: 877 - 430 -7363 www.everbrite.com Everbrite Identity Systems Division �_ }L Project Name NNO2288 Drawn B MM By Al i l l as, s .d wtee :n � aeaz ' p . : 1 Ci fi, /State Stillwater, MN •7 Everbrite Contact Andrea Humphreys I S. drawirw a copyrighted and owned by Scale Not to Scale Approved By mproc hteandshalno be reixw�rred. used W or Date Created 5126/09 Date Revised d .d to any parson fir. or corporation IM any purpose whatsoever, we wdeen permission Everbrite, LLC, 315 Marion Ave., South Milwaukee, WI, 53172 P: 888 - 857 -4078 F: 877 - 430 -7363 www.everbrite.com Everbrde Identity Systems Division Project Name NNO2288 Drawn B Y MM ffi a�aa, °ions« rongements i�tl�ted .n City /State Stillwater, MN Everbrite Contact Andrea Humphreys I mpyrighlO ghantl -d by Scale Approved By shall Scale Not to repro byotbe a roproditead, us ed Date Created 5/26/09 Date Revised se ° to e °o°c a" Not or cor /or any purpose whatsoever, wittmut wrflten parn*ssio, Everbrite, LLC, 315 Marion Ave., South Milwaukee, WI, 53172 P: 888- 857 -4078 F: 877 -430 -7363 www.everbrite.com Everbrite Identity Systems Divivon a6-vr 9u I� I I ,S „2• 69A cm �- azvr 809 en 21 ' 0 Directional Sign 314" IN wn McC r: yl on Welcome Q Welcome Sign Non -Ilium ed bbck �aa 2S1A6 cm FP33 Oultloor Mm0 He+rtl w/ RO Atltler i LJ 7 - i1, -7• 6'a 6•pankd meal tube w/ bola roatwe Wmle AGM I,yo. 1 6' APPROACH VIEW [B Twin Pole Canopy MCOD PASSING VIEW 0 FP43 -FA Menuboard 11111116 11 .� 1n a © Uniface Sign 6aq /2' r6129 cn Project Name NNO2288 Drawn B MM By B seas. pansor angements �ca,9a /State Stillwater, MN City/State y Everbrite Contact Andrea Humphreys I chip draw gore copyrighted and owned by Scale Not to Scale Approved By �Vef i e a d s ad! by b e produced. used by w Date Created 5/26109 Date Revised ds bse nyperson, fnm or corporation for any purpose whatsoever. ."d wdnen permission. Everbrite, LLC, 315 Marion Ave., South Milwaukee, WI, 53172 P: 888 - 857 -4078 F: 877 - 430 -7363 www.everbrite.com Everbrite Iden ity Systems Division T 42 I 0881 n t2fA2 ctn © Building Arch sme I—r © Bollard Sign Project Name NNO2288 City /State Stillwater, MN Scale Not to Scale Date Created 5/26/09 swsrew rwm vKw me' �iiu2 re 958I - 1\92 cm � -fi� 9 I n2 r A5I2 C^' 2a148 <m BrrAawAb wM:1�bA Wrtar 0 Awning V— �. I You ,a y P.ye2.t Drawn B MM Y w ra Pas' plans or rganwva ina;ratea Contact Andrea Humphreys I Everbrite Co p tlratv1ng6e cop antl ownetl by Approved By emnoeaa;�bnotbe repr y or Date Revised o sclosed to any person, turn or corporation for any purpose wh31S - ier, without written parnis'— Everbrite, LLC, 315 Marion Ave,, South Milwaukee, WI, 53172 P: 888 - 857 -4078 F: 877 - 430 -7363 www.everbi-ite.com Everbrite .. .. Identity systems Divi 0 Existing Road Sign to Remain Project Name NNO2288 Drawn By MM A.",= City /State Stillwater, MN Everbrite Contact Andrea Humphreys araryemente �na�ted m W— f—n9are I ap�tea aM —'-d u Scale Not to Scale Approved By Evetbriie and sha'I trot be reproduoad. used by a Date Created 5/26/09 Date Revised Nsdosed to any parson, firm or c°tpo bw Iw any pure as hat —er, without wduen parrmasbn. Everbrite, LLC, 315 Marion Ave., South Milwaukee, WI, 53172 P: 888- 857 -4078 F: 877 - 430 -7363 www.everbrite.com Everbrite Identity Systems Division ]F1/Y 1611 ElErnm grigu Q 1 V111UIE6 1 1/tl11Q '6}1N I n x BMCN rEs,11GL yL I14QIW UM WX NO POLE ADM � ,r cA [ Y - r IYl (o , n • I►L I N IG uou, MET. Ten[ 5 pfFP IOUNC MA me 21 Foundations II„d T � 11n' (fif,: it -r 01.00 LOCK V /A54fR FQ Ion FLAT WASH I •(e I FILLGAP VRTHGROtIT DETA L A xas raAti L:B SWING PPM B ®� FIGURE( 0.7 SOFT. &7 SUM 8.7 SQ.FT. I I &7 4Q.FT. I� Scale Not to Scale • TOTAL 119 ABLE ate Revised tlis0M to any person, (GRADE) En or corporilion for any A ARE 3{. .R. IL L I PI 01 oo'. aa' ;AIVAN11F0 II„d T � 11n' (fif,: it L j� iii 01.00 LOCK V /A54fR FQ Ion FLAT WASH I •(e I FILLGAP VRTHGROtIT DETA L A xas raAti L:B SWING PPM B ®� FIGURE( City /State Stillwater, MN Everbrite Contact Andrea Humphreys I I� Scale Not to Scale • EveTbr Le and shel not be eproduced, used by or RAVEMEPR SURFACE ate Revised tlis0M to any person, (GRADE) En or corporilion for any purpose whatsoever, I PI 01 oo'. aa' ;AIVAN11F0 without written permissmn ANCHOR BOLTS 2 7S CONDLUT I1( 1 /2' CONDUIT W.VERIKALREBARS WIIH 43 TIESG 120 /C L j� iii 01.00 LOCK V /A54fR FQ Ion FLAT WASH I •(e I FILLGAP VRTHGROtIT DETA L A xas raAti L:B B ®� FIGURE( Project Name NNO2288 Drawn B Y MM afaeas. planso r yen,eme ind:calea .n City /State Stillwater, MN Everbrite Contact Andrea Humphreys I nisdrawn9a� I copyrighted and owned oy Scale Not to Scale Approved By EveTbr Le and shel not be eproduced, used by or Date Created 5/26/09 ate Revised tlis0M to any person, En or corporilion for any purpose whatsoever, without written permissmn Everbrite, LLC, 315 Marion Ave., South Milwaukee, WI, 53172 P: 888 - 857 -4078 F: 877 - 430 -7363 www.everbrite.com EXHIBIT 7 g L A N D F O R M From Site to Finish • 105 South Fifth Avenue MEMORANDUM Suite 513 Minneapolis, MN 55401 • • a� Tel: 612- 252 -9070 Fax: 612- 252 -9077 www.landform.net DATE............................ ......_.. M ay._ ...._....... 200 -.- _..._..._.........__......._. _ ............. _. ...................._ . .......... ................ .._ ......_ .............._ . .... ..........._..._ ................................ .... ............_....._... TO City Oak Park He 11.1 ..... ......... . . _ ........ _... ... .............. ........... .............. _ ....... ._ ......................... _ ... ...... ...... CC FROM ................... . _ ............... _ .. . _...... .............. _ ... . ....._.__.._._ ... ......... ..... ...._ .......... . ............ ... ................_............................. . ... ............... ......... ....... __ .... .............. ............. ... ....... . RE Oak Park Heights — Conditional Us Permit and Setback Variance Request In accordance to Oak Park Heights Zoning Ordinance (Section 401.04.A.5), McDonald's Corporation is requesting a variance to the required 10 foot side setback along the east property line. Below is a narrative providing justification and proof of hardship. a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. The existing lot is 160 feet wide, which is insufficient to allow for 10 foot setback on the east side. We submitted a site plan with 10 foot setbacks using minimal parking stall length and minimal drive lane widths to Karen Erickson of Bonestroo. Upon review, she recommended increasing the drive lane widths to allow for better traffic flow. The resulting layout requires a four foot side set back long the east property line. If required to provide a 10 foot setback approximately 22 parking stalls would be lost. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this title. The existing McDonald's Restaurant has zero setbacks on the east and west sides. The proposed plan increases the west setback to the recommended 10 feet and the east setback to 4 feet. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. Not applicable. b. Literal interpretations of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. If required to maintain 10 foot setbacks on both sides, we would not be able to function as a drive -thru restaurant. The lot to the east (Pizza Hut) has a setback of approximately one foot. The lot to the west (Taco Bell) has an approximate setback of four feet. Landform - , SensiblyGreen ' and Site to Finish are service marks of Landform Engineering Company. p c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. The existing McDonald's restaurant was built prior to the implementation of the city ordinances requiring 10 foot setbacks. All reasonable measures have been taken to greatly improve the existing setbacks. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. With the granting of this variance request, McDonald's will have a greater setback than adjacent properties. e. The request is not a result of non - conforming lands, structures or buildings in the same district. The proposed building, etc. will be conforming. f. The request is not a use variance. No. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The lot layout, with the four foot setback on the east side is the minimum variance necessary. h. The request does not create an inconvenience to neighboring properties and uses. Since the existing McDonald's restaurant has zero setbacks, no inconvenience or impact on their use will occur. MEMORANDUM 2 F 0 R M Froin SbemHnN C' � - 1O5 South Fifth Avenue Tel: 612-252-9070 n0����� ���k��� 8ui�e513 F� 81��0�7 NH Minneapolis, MN 55401 www.landform.net RE Oak Park Heiqhts - Conditional Use Permit and Parkinq Stall Requirements McDonald's Corporation is requesting a modification to the Conditional Use Permit allowing 60 parking stalls. The City of Oak Park Heights Zoning Ordinance states the follow in regards to parking stall qU@OOVeS: Drive-in Restaurant and Fast Food Restaurant. As least one /0parki space for each (35) square feet of gross floor area of service and dining area, but not less than fifteen //5lspaces. Two (2) additional parking spaces shall be added for drive-through services facilities and one (/}space for each ei /8[U square feet 0/ kitche//9/Ox8ge8rga. AdddkoO@0uoD8hUnOred eighty /1BO> feet 0f drive aisle stacking space shall b9 provided for drive-through facilities. Using this def and the proposed building, our calculat show @ city parking requirement 0f 85 stalls. The proposed site design allows for 8 max of80 parking stalls and more than 4O0 feet drive aisle stacking. MCDOO8|d'S Corporation, using a vast array Of experience building and operat similar restaurants, has an internal requirement for parking based on building size, sales volume and drive-through sales v0|UnOe. We are recommending 60 parking stalls with the proposed double drive-through order SvSt8On. With this quantity 0f stalls and the large percent ofexisting drive-through CUGt000S[8. we do not anticipate any issues with the proposed quantity 0f parking stalls. In 2008, 88in0i|8r-Siz8d restaurant was rebuilt in Buffalo, MN. The city required 44 stalls, which we felt was less than we required to operate. With similar volume 03the proposed (}8k Park Heights rebuild, VVg constructed 85stalls. Today, this restaurant operates without any parking problems 0[ issues. Also iO2008,a slightly larger restaurant was rebuilt iD Bismarck ND. This site allowed 67 stalls and VV8 have not seen any parking issues whatsoever. St. Ck}Ud K4N MCD0n@|d`oVvGG rebuilt in 2007. The building iSOf similar size and volume. The lot provides 57 stalls without any parking issues. Attached are the lot layouts for each of the above examples. Landm=~n=*m and Site °,muh-are =~ice mark *Landmrm En Company. Julie Hultman EXHIBIT 19 From: K.D. Widin [kdwidin @comcast.net] Sent: Monday, June 01, 2009 12:49 PM To: Eric Johnson; Mark Vierling (E- mail); Dennis Postler (E- mail); Scott Richards; Jimmy Butler; Judy Holst; Julie Hultman; Tom Ozzello; Eric Kellogg Subject: McDonald's Project - Landscape Plan and Tree Replacement Requirement OPH Staff - I have reviewed the revised landscape plan, re- visited the site, re- compiled the tree inventory, and re- calculated the tree replacement requirement based on the revised tree inventory and landscape plan. My comments are as follows: 1. Tree Inventory: I re- compiled the site tree inventory and added 7 existing trees which had not been included on the original tree inventory (6 Jap. tree lilacs on road r.o.w. and 1 arborvitae behind the existing building). Two trees (1 pine and a multi -stem black cherry) on the slope behind the building, are dead or dying and were not counted toward the total tree inches to be protected. I also corrected trunk size on several trees. 2. Tree Replacement Requirement: Based on the revised tree inventory and landscape plan, I have calculated: total inches of significant trees on site = 199 (83 inches to be protected and 116 inches to be removed) Total Tree Replacement Inches Required = 90 Total Inches of Landscape Trees to be Planted = 33 Net Tree Replacement Inches Required = 57 Tree Replacement (cash in lieu of additional planting on site) = 57 in. x $50. /in. _ $2,850. (to be paid into the Tree Planting Fund of the City of OPH) 3. The revisions to the landscape plan are acceptable (basically just fewer trees planted on E, S, and W sides). 4. The Planting Detail is acceptable - the plants will be inspected after installation. If the trees and shrubs are not planted according to the accepted planting detail, that will be corrected at the expense of the developer. Please contact me if you have any questions regarding this review. Kathy Widin OPH Arborist Page 1 of 2 Julie Hultman EXHIBIT 2 0 From: Postler, Dennis M [Dennis. Postler @ bonestroo.com] Sent: Thursday, May 21, 2009 12:51 PM To: Scott Richards Cc: Eric Johnson; Tom Ozzello; Julie Hultman; Jimmy Butler; Judy Holst; Mark Vierling; Kathy Widin; Erickson, Karen S; Long, Chris W Subject: McDonald's -- Preliminary review comments Scott: In preparation for next weeks site plan review meeting with the applicant, please note our following preliminary review comments which we discussed in brief yesterday: 1. The drive -thru lane widths have been revised to 9' wide for the drive -thru lane and 18' wide for the drive aisle. These widths should allow for acceptable turning /parking movements. 2. The sanitary sewer and water services are being completely replaced. Notes 13 and 14 on Sheet C1.2 indicate that these services are to be removed back to the main lines (on the north side of the Hwy. 36 south frontage road), however that sanitary sewer service location is not known. Since they will be crossing the frontage road to replace these services, it would be prudent to have them both located prior to removal (MnDOT will probably require that). 3. They will need a "Minnesota Department of Transportation Application for Installation of Utilities or Miscellaneous Work on Trunk Highway Right of Way" for the sanitary sewer and water service work and for the frontage road reconstruction patch. (They should coordinate with MnDOT's plans /timing to Mill & Overlay the frontage road in August /Sept of this year.) 4. The water main connection note in plan view on Sheet C4.1 indicates wet tapping the existing 6" water main. The existing water main is an 8" CIP in this location. Also, the sanitary sewer connection note indicates connecting to the existing "x" sanitary sewer. The existing sanitary sewer is an 18" RCP in this location. 5. Recommend silt fence extend outside of the proposed grading limits (northeast area of frontage road ditch) and also along the entire north side of the site - -- adjacent to the south side of the frontage road. It's difficult to tell from the drawings (Sheet C3.1) if this is shown in that area. 6. They will also need a MSC -WMO permit and a NPDES permit. Dennis M. Postler, PE Principal Tel 651 - 604 -4815 Cell 651 - 775 -5102 dennis.postler@bonestroo.com Bonestroo 2335 Highway 36 W St. Paul, MN 55113 Tel 651 - 636 -4600 Fax 651 - 636 -1311 www.bonestroo.com EFFECTIVE APRIL 27, NORTHERN ENVIRONMENTAL AND BONESTROO MERGED, offering comprehensive services in engineering, planning, and environmental science. This e -mail is confidential and may contain legally privileged information. I Note: e -mails are susceptible to corruption, interception and unauthorized ame 5/21/2009 ENCLOSURE ``' 3 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, suite 2012, Golden valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com PLANNING REPORT TO: FROM: DATE: RE: FILE NO: BACKGROUND Eric Johnson Scott Richards June 4, 2009 Oak Park Heights — Xcel Energy / A.S. King Plant: Construction of a Solid Waste Transfer Facility 798.02 — 09.05 Manuel Castillo, representing Xcel Energy, has made application for an amended conditional use permit to construct a solid waste transfer station at the A.S. King Power Plant. The plant is located at 1103 King Plant Road and is adjacent to the St. Croix River. The building is approximately 3,600 square feet and 30 feet in height. It will be located adjacent to the plant at its northeast corner. The property is zoned I, Industrial District in which power plants and accessory structures are a permitted use. The King Plant is also in a River Impact District which requires a conditional use permit for construction activities. Attached for reference: Exhibit 1: Fact Sheet From Applicant Exhibit 2: Site Plan Exhibit 3: Floor Plan Exhibit 4: Building Elevations ISSUES ANALYSIS Project Description. The description of the proposed transfer facility provided by Xcel is as follows: Xcel Energy is proposing to construct a solid waste transfer station (facility). It is analogous in function to a Municipal Solid Waste transfer station. However, it also has the additional function of allowing wet materials to dewater before they are transferred to the Moelter Landfill for ultimate placement. The facility will be located within the A.S. King Power Plant's property boundary. It will be of a beige color to match the recently constructed building at the plant. The need for the facility resulted from the need to dewater lime slurry which is used in the new Air Quality Control System. The facility will also be used to store ash contaminated wastes collected at the plant, ash contaminated vactor truck wastes, and various pond dredging wastes. During weekends where there is no hauling to the Moelter Landfill, ash will be stored until operations resume during the beginning of the week. The facility design calls for a building to manage a peak volume of 500 cubic yards of solid waste. All ash contact water will be discharged to the plant process water. The solid waste will be placed in the Moelter Landfill after dewatering. (Note that our landfill solid waste permit SW -54 does not allow disposal of liquid wastes at the landfill.) The facility will require the following permits: 1. MPCA Solid Waste Permit for a Transfer Station 2. Washington County Operating License 3. City of Oak Park Heights Amended Conditional Use Permit and a Construction Permit Comprehensive Plan. The Comprehensive Plan designates this area as industrial land use. The power plant and its accessory structures are recognized as industrial land uses consistent with the maps and policies of the plan. Zoning Ordinance. The site is zoned I, Industrial District in which power plants and accessory structures are a permitted use. The King Plant is also in the River Impact District which requires a conditional use permit for significant changes to the plant. Parking and Traffic. The facility is to be located on an existing roadway system within the plant. There are no changes that would impact local or state roadway systems. Lighting. The facility is not proposed to be lit. Any new lighting of the building or the site will need to be in compliance with the Zoning Ordinance and subject to review and approval of City staff. Tree Protection /Replacement and Landscaping. The site is a location where a series of propane tanks were placed. There is no tree impact. Grading and Drainage. Any grading and drainage issues shall be addressed subject to review and approval of the City Engineer and the applicable watershed district. Setbacks. The building is compliant with all lot line and shoreland building setbacks of the Zoning Ordinance. NA Department of Natural Resources. The Department of Natural Resources (DNR) has been notified of the request. The building will be located 300 feet from the shore of the St. Croix River. The building color is planned to be a beige or light tan to match as close as possible the existing plant buildings. Design Guidelines. The Design Guidelines specify that all structures requiring a building permit require design review. The power plant and the existing accessory structures were not built subject to the Design Guidelines standards. The power plant and cooling towers are industrial structures constructed of specific materials appropriate to the function of the plant. The building is proposed at 30 feet, well within the height allowances of the I District. Variations to the Design Guidelines may be allowed by the City Council. Due to the unique construction required for the waste transfer facility, the Design Guidelines should not be enforced for the proposed structure. Conditional Use Permit — River Impact District. The waste transfer facility improvement for the King Plant is subject to conditional use permit approval. The Planning Commission should consider the conformity, environmental issues and impacts of the proposed project in making its recommendation. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Due to the location of the King Plant in an industrial area, the importance of the facility to the area and the Metro region as a whole, and the minimal impact this building will have on the site or area, the project is consistent with the above criteria. 50 09] R11 C07 I_0i•17 7xi i7tilirl i!I�7_ [7i• Based upon the preceding review, City staff recommends approval of the conditional use permit to allow for the construction of a solid waste transfer facility at the A.S. King Plant subject to the following conditions. Further, staff recommends that the Design Guidelines be waived for the structure proposed on the site. 3 1. Any freestanding or building lighting shall be in compliance with the Zoning Ordinance and subject to review and approval of City staff. 2. Any grading and drainage plans shall be subject to review and approval of the City Engineer and applicable watershed district. 3. The City will not require conformance with the Design Guidelines for the project. 4. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency, if applicable. M EXHIBIT 1 A.S. King Solid Waste Transfer Station Fact Sheet Xcel Energy is proposing to construct a solid waste transfer station (facility). It is analogous in function to a Municipal Solid Waste transfer station. However, it also has the additional function of allowing wet materials to dewater before they are transferred to the Moelter Landfill for ultimate placement. The facility will be located within the A.S. King Power Plant's property boundary. It will be of a beige color to match the recently constructed building at the plant. The need for the facility resulted from the need to de -water lime slurry which is used in the new Air Quality Control System. The facility will be also be used to store ash contaminated wastes collected at the plant, ash contaminated vactor truck wastes, and various pond dredging wastes. During weekends when there is no hauling to the Moelter Landfill ash will be stored until operations resume during the beginning of the week. The facility design calls for a building to manage a peak volume of 500 cubic yards of solid waste. All ash contact water will be discharged to the plant process water. The solid waste will be placed in the Moelter landfill after de- watering. (Note that our landfill solid waste permit SW -54 does not allow disposal of liquid wastes at the landfill.) The facility will require the following permits: 1. MPCA Solid Waste Permit for a Transfer Station 2. Washington County Operating License 3. 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