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2005.05.09 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY May 9, 2005 7:00 p.m. Crystal City Hall — Council Chambers 4141 Douglas Dr N A. CALL TO ORDER B. APPROVAL OF MINUTES ■ April 11, 2005 regular meeting* C. PUBLIC HEARINGS 1. Consider Application 2005-02 for a Conditional Use Permit for Chipotle Mexican Grill to establish a patio seating area for outdoor food and beverage service at 5608 West Broadway (currently Schlotzky's Deli).* 2. Consider Application 2005-03 for a Conditional Use Permit for EI Loro Mexican Restaurant to establish a patio seating area for outdoor food and beverage service at 99 Willow Bend.* D. OLD BUSINESS E. NEW BUSINES S F. GENERAL INFORMATION 1. Development Status Report for quarter ending March 31, 2005. 2. Staff preview of likely agenda items for June 13, 2005 meeting. G. OPEN FORUM H. ADJOURNMENT *Items for which supporting material will be included in the meeting packet. CRYSTAL PLANNING COMMISSION APRIL 11, 2005 A. CALL TO ORDER Page I of 3 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Sears, Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, and Strand. Also present were the following: Planner Sutter, Recording Secretary Matthews, and Council Liaison Bowman. B. APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the February 14, 2005 regular meeting and work session. Motion carried C. PUBLIC HEARINGS 1. Consideration of Application 2005-01 for Lot Division to divide 4916 Bernard Ave N into two parcels. Planner Sutter summarized the staff report and stated that staff recommends approval including the findings of fact and conditions found in Section C of the staff report Commissioner Krueger questioned the distance on Exhibit F. Planner Sutter clarified the measurements. Commissioner Krueger questioned the setback of the new house in application of the code. Planner Sutter stated that yes according to code the setback would need to be 35' in the front. Planner Sutter continued: the Engineering Department reviewed this application and there is an issue with the street and the future street project scheduled for 2009. Discussion continued between the Planning Commissioners and Planner Sutter for clarification of the proposal, and the issue with the street project scheduled for 2009. Public Hearing opened. Lloyd Olson of 4911 52nd Ave N stated that the city had said when this property was purchased that there was not enough room to build there. Mr. Olson stated that he is against this proposed project. Joyce Matteson of 5116 Quail Ave N formerly of 4917 Bernard stated that they were told they couldn't build there in 1951. Planner Sutter explained the differences between 4916 and 4917 Bernard and why one is dividable while the other is not. Page 2 of 3 Commissioner Nystrom asked if an engineer had been out there to check the soil and see if it is a buildable lot. Planner Sutter replied that is the builder's and owner's responsibility to determine that. Discussion continued between the Commissioners and Planner Sutter for clarification about issues with building on the lot. Kirby Kitchener explained how he got the property. Originally he was showing this house to potential buyers. A sale fell through and he bought the house himself because an engineer told him that there wasn't really much peat down there. He intends to have a perc test done. A reverse walkout would likely be built and the house could be moved as much as 25 to 30 feet to the west. He stated he thought the escrow was a bit much; the previous owner offered that bit of land (north east corner) to Mr. Olson and it was agreed upon, and it should have been accepted by Olson; and according to his lawyers his property lines extend right out to the water which would shut off Mr. Olson from the water. He stated he would be more than happy to sign the 2004 agreement with Mr. Olson. We submitted two plans because Mr. Olson didn't want to sign the 2004 agreement. Commissioner Krueger asked if Kitchener planned on building a house; Kitchener replied that he plans on getting a developer to help build a house. Commissioner Krueger asked if the purchase was completed; Mr. Kitchener replied that yes they closed Friday April 8th. Commissioner Krueger asked if he intended to live on the property; Kitchener stated that he did not; it was bought strictly as an investment property with another gentleman. This will improve property values and they want to improve the area and work with the city. Lloyd. Olson stated that the cut off was agreed upon and that he should have lakeshore property down there. Chair Davis stated that sometimes legal proposals affect other properties. Planner Sutter explained why sometimes it becomes difficult to determine property lines when the shorelines of the lake change. Commissioner Krueger stated that the inlet was dredged out by the homeowner before the land was platted, it was man made and not on the original plat. Joyce Matteson of 5116 Quail Ave N stated that her father got permission to do the dredging. Janice Eason of 4917 52"d Ave N stated that she doesn't want the house built, it would ruin their view and take away from their property values. Lloyd Olson stated the city has an easement on the corner of his property Commissioner Sears stated that hopefully the builder will communicate with the neighbors and their concerns and possibly change the orientation of the house. Moved by Sears and seconded by VonRueden to recommend to City Council to approve Application 2005-01 for Lot Division to divide 4916 Bernard Avenue North into two parcels. Commissioner Krueger stated he want to amend to accept the findings of fact. Chair Davis asked Commissioner Sears if he wanted to amend to include the findings of fact. Commissioner Sears replied that yes he wanted to amend to include the findings of fact and conditions. Commissioner Krueger stated he would also like to include money for escrow for the difference in cost between Phase 7 and Phase 10. Planner Sutter replied that the city has no way of knowing what the price of Phase 10 would be. However escrow monies do receive interest in anticipation of inflation and there would be a 10% contingency for other unforeseen costs. Page 3 of 3 Roll call vote on Sears' motion as amended. Sears, Davis, Nystrom, Whitenack, VonRueden, Hester, Atkinson, and Strand voting aye. Krueger voting nay. Motion Carried. D. OLD BUSINESS None E. NEW BUSINESS Planner Sutter indicated staff is not aware of any applications for the May meeting, but the deadline isn't until 4:30 p.m. Friday, April 15'' . F. GENERAL INFORMATION None G. OPEN FORUM None H. ADJOURNMENT Motion to adjourn by Commissioner Strand and seconded by Commissioner Whitenack to adjourn. Motion carried. The meeting adjourned at 8:07 p.m. Chair VonRueden Secretary Strand M E M O R A N D U M DATE: May 4, 2005 TO: Planning Commission (May 9t" meeting) FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator SUBJECT: Public Hearing: Consider Application 2005-02 for a Conditional Use Permit for Chipotle Mexican Grill to establish a patio seating area for outdoor food and beverage service at 5608 West Broadway (currently Schlotzky's Deli). A. BACKGROUND The property at 5608 West Broadway is part of the Crystal Town Center. It is presently occupied by Schlotsky's Deli. The site consists of 2.817 acres. The property is zoned C-2, General Commercial. Restaurants are permitted principal uses in the C-2, General Commercial District. In addition to occupying the space presently used by Schlotsky's Deli, Chipotle Mexican Grill proposes two small patio dining areas on the south and west side of their space. A conditional use permit is required to have open or outdoor service as an accessory use. The following Exhibits are attached: A. Narrative submitted by the applicant. B. Aerial photo showing the location of the property. C. Site photos taken May 3, 2005. D. Site plan of proposed restaurant and outdoor patio seating. E. Fencing detail. F. Examples of patio furniture, umbrella and trash surround. B. STAFF COMMENTS Open or outdoor service is allowed in the C-2, General Commercial District as a conditional use. The specific requirements of the Zoning Ordinance are in italics below; staff comments follow each item: 1. The service area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. STAFF COMMENTS: The service area is hard surfaced and the site plan shows fencing that clearly limits service to the proposed area. 2. The service area does not exceed 30% of the gross floor area of the principal use, 20% of the area of the property, or 2,000 square feet. STAFF COMMENTS: The service area does not exceed 30% of the gross floor area, 20% of the area of the property, or 2,000 square feet. 3. The service area is fully screened from any R-1, R-2, or R-3 district. STAFF COMMENTS: Not applicable. The service area is not adjacent to any R- 1, R-2 or R-3 district. 4. The items to be placed outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. STAFF COMMENTS: The items to be placed outside consist of patio chairs, tables, umbrellas and a trash surround. 5. The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. STAFF COMMENTS: Not applicable; no such screening is necessary because all adjacent uses are commercial. 6. The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a) and Section 520 are considered and satisfactorily met. 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: ■ The consistency of the proposed use with the comprehensive plan. STAFF COMMENTS: The comprehensive plan includes the property in the area designated for Community Commercial on the future land use map. Among other things, this area is intended to accommodate the full range of non -automotive retail trade and service establishments which serve the entire community or sub -region. The proposed use is consistent with objectives, plan and policies for commercial and mixed use areas (pages 43-46 of the comprehensive plan). ■ The characteristics of the subject property as they relate to the proposed use. STAFF COMMENTS: The proposed use is accessory to the proposed use as a restaurant. Provided a minimum 5' clear width sidewalk is provided between the patio enclosure railing and parking lot drive, there is no evidence that the proposed use cannot be accommodated on the site. The impact of the proposed use on the surrounding area. STAFF COMMENTS: There are no foreseeable negative impacts on adjacent properties or the surrounding area, provided the staff recommended conditions are met. 520: Site Plan Review. STAFF COMMENTS: Not applicable. No site plan changes to existing building proposed at this time. CONDITIONAL USE PERMIT - CHIPOTLE PATIO SEATING - 5608 WEST BROADWAY 2 C. RECOMMENDATION Staff recommends approval of Application 2005-02 for a conditional use permit for outdoor food and beverage service at Chipotle Mexican Grill, 5608 West Broadway. Suggested findings of fact and conditions of approval (should be referenced in the Planning Commission's motion): The proposed use would be consistent with city code, provided the following conditions are met: The Building Official and Fire Inspector shall inspect prior to opening, to ensure code compliance regarding exits and other life/safety issues. The patio shall not be used until the Building Official and Fire Inspector grant such approval. 2. Maximum occupancy for outdoor seating area shall be based on the number of seats. Prior to the patio being used, a sign shall be posted noting the maximum occupancy load to be determined by the Building Official and Fire Inspector. 3. No food preparation or other food equipment may be placed outside. 4. Tobacco smoke may not interfere with non-smoking patrons at entrances and exits. 5. Doors must be self closing and kept that way at all times. They may not be propped open or modified. 6. Floor/deck surfaces must be easily cleaned, durable and not create a safety issue (i.e., too slippery). Example: all concrete surfaces must be sealed. No areas of standing water may occur. 7. Furniture placed on outdoor areas must be easy to clean, resistant to weathering, and sufficiently weighted or otherwise secured to the patio. 8. A minimum of 5 feet of sidewalk width is to be maintained for accessibility to the restaurant and neighboring business. The site plan shows the sidewalk at 67' along the south side and 6'1" along the west side. The applicant shall work with staff to create a barrier along the curb so that vehicles parked adjacent to the seating area do not hang over the curb and reduce the sidewalk width to something less than 5 feet. 9. At least one refuse container must be provided in the seating area, and must be emptied upon closing. The licensed establishment is responsible for litter and waste control. 10. Due to a greater potential for liquor control violations due to outdoor seating, the city may choose to implement compliance checks with greater frequency or in a different manner. Planning Commission action is requested. CONDITIONAL USE PERMIT - CHIPOTLE PATIO SEATING - 5608 WEST BROADWAY 3 PROPOSED CHIPOTLE MEXICAN GRILL PATIO DINING AREA CRYSTAL, MINNESOTA NARRATIVE Chipotle Mexican Grill is pleased to present this proposal to create a patio dining area at their new location in the former Schlotzsky's Deli in the Crystal Town Center development. As a casual dining concept, Chipotle Mexican Grill represents the highest standard; their attention to detail extended to all aspects of the restaurant experience — in the taste of the food, the music that is heard in the dining room, to their unique look. Their patio dining areas allow them to extend this experience to the outdoors. Chipotle proposes to construct two small patio dining areas on the south and west sides of their space. The patio will be enclosed by an ornamental steel railing with built-in lantern lighting. The wide existing sidewalks on either side of the tenant space mean there will still be plenty of room for pedestrian movement outside the patio enclosure — a minimum of six feet will be preserved for public walkways. The railing is an extension of Chipotle's unique look and feel and is custom fabricated for each project. Chipotle uses high-quality powder -coated steel patio furniture to maintain a high standard for the overall appearance of the patio. Additionally, Chipotle proposes to install audio speakers on the outside face of the existing walls of the building, just above the windows, to provide music to patio customers. Chipotle is very concerned about being a good neighbor and will work with adjacent tenants to ensure the patio music is not creating a disturbance or distraction. Chipotle is happy to make Crystal home to a new location for them. Thank you for your consideration. EXHIBIT A SIM\ 7\ MWK; - . . .\ \\ \\\ :y yy EXKCo:T C .,/t .. ,.. ��, , �: 4;' �`�`':; �' s ...�.. \. 2</ � � � � � Z z« . ^: \� � �� � ! � :. a � � \ � � i \: ) �.�%;�v.�\may... .� ��l� :>yy< �« -� , �� � w � � > ?© \ � .- . �$.��y.��§�� 3 , - � � / /a ~>< m - m«� � � �� � � w -: ® 6� � : m�� � / /;, . � .. : . . .� y - © «� :. � . � , � . .. ..... d)�2.. w:� � � \� � \2 22 ��� � � \� � � � :� � a \ y «< , . »d� »� \ z 0 r M N P 15-I' O E%IS11NG SIDEWAEK MOVIE GALLERY 2 PASSAGE t16 ----- - ----- P UTENSIL I q- MENS I WOMENS PAHO ENCLOSURE I WALKWAY C 0 LIE w KITC N MANAGE 11 I O. ( ) O IB 1 I til 1 Q TRASH 4 I i i: i ♦� ♦r' w r( -G 11 KITCHENI 1 O �♦ / r o L_Ji SODA/ICE ( i i ; ( ♦), � Ell I 11 I o ♦ "� F O.A. - - Z ��♦) I EII 1 1 1 ieo i O JANITOR I � _ I a � I I I ♦♦�♦ O° I J I I I (♦" T of MAIN ENTRY -- -- -- -- I DINING - FRONT I -JEST PAID L_ ` _J e F •1 Y i0 3 30'-9 1/2 _ PATIO ENCLO RE I PATIO PLAN FOR: SCALE: 1/B" = V -O" A{I'CRYSTAL' .5608 W—T UNDID— A—uK � cwYeTAi, rdu.,�eeaT,. ssoo I INDOOR SEATS = 65 NORTH STORE NO.: 0764 OUTDOOR SEATS = 22 1 1 APRIL, 2005 TOTAL SEATS = B7 1 n DAIMTCn CTCVI RAILING ELEVATION FOR: SCALE: 1/4" °CRYSTAL° lay 5608 VEST BROADWAY AVENUE CRYSTAL, MINNESOTA 55401 STORE NO.: 0764 up 1 1 APRIL, 2005 EL MESH PANELS do GATE PATIo FuRNITUREf EXHIBIT F ��trpat�� PATIO FURNITURI t4:; M E M O RA N D U M DATE: May 4, 2005 TO: Planning Commission (May 9th meeting) FROM: Jason Zimmermann, Code Enforcement and Zoning Administrator SUBJECT: Public Hearing: Consider Application 2005-03 for a Conditional Use Permit for EI Loro Mexican Restaurant to establish a patio seating area for outdoor food and beverage service at 99 Willow Bend. A. BACKGROUND The property at 99 Willow Bend is part of Crystal Shopping Center. The site consists of 21.086 acres. The property is zoned C-2, General Commercial. Restaurants are permitted principal uses in the C-2, General Commercial district. EI Loro Mexican Restaurant, which currently occupies the space, is proposing a patio dining area on the east side of their space. A conditional use permit is required to have open or outdoor service as an accessory use. The following Exhibits are attached: A. Narrative submitted by the applicant. B. Aerial photo showing the location of the property. C. Examples of outdoor seating at EI Loro — Coon Rapids D. Site plan of proposed restaurant and outdoor patio seating. E. Fencing detail. B. STAFF COMMENTS Open or outdoor service, is allowed in the C-2, General Commercial District as a conditional use. The specific requirements of the Zoning Ordinance are in italics below; staff comments follow each item: 1. The service area is hard surfaced and clearly designated on the site as being limited to the specific, approved area. STAFF COMMENTS: The service area is hard surfaced and the site plan shows fencing that clearly limits service to the proposed area. 2. The service area does not exceed 30% of the gross floor area of the principal use, 20% of the area of the property,'or 2,000 square feet. STAFF COMMENTS: The service area does not exceed 30% of the gross floor area, 20% of the area of the property, or 2,000 square feet. 3. The service area is fully screened from any R-1, R-2, or R-3 district. STAFF COMMENTS: Not applicable. The service area is not adjacent to any R- 1, R-2, or R-3 district. 4. The items to be placed outdoors are typically found outdoors and are constructed of materials appropriate for outdoor weather conditions. STAFF COMMENTS: The items to be placed outside consist of patio chairs, tables, and umbrellas. 5. The city council finds that there will be adequate screening and buffering between the establishment and adjacent uses. STAFF COMMENTS: Not applicable; no such screening is necessary because ,all adjacent uses are commercial. 6. The city council determines that all applicable requirements of subsection 515.05, subdivision 3 a) and Section 520 are considered and satisfactorily met. 515.05 Subd. 3 a): In addition to specific standards or criteria included in the applicable district regulations, the following criteria shall be applied in determining whether to approve a conditional use permit request: ■ The consistency of the proposed use with the comprehensive plan. STAFF COMMENTS: The comprehensive plan includes the property in the area designated for Community Commercial on the future land use map. Among other things, this area is intended to accommodate the full range of non -automotive retail trade and service establishments which serve the entire community or sub -region. The proposed use is consistent with objectives, plan and policies for commercial and mixed use areas (pages 43-46 of the comprehensive plan). ■ The characteristics of the subject property as they relate to the proposed use. STAFF COMMENTS: The proposed use is accessory to the existing restaurant. Provided a minimum 5' clear width sidewalk is provided between the patio enclosure railing and parking lot drive, there is no evidence that the proposed use cannot be accommodated on the site. ■ The impact of the proposed use on the surrounding area. STAFF COMMENTS: There are no foreseeable negative impacts on adjacent properties or the surrounding area, provided the staff recommended conditions are met. 520: Site Plan Review. STAFF COMMENTS: Not applicable. No site plan changes to existing building proposed at this time. C. RECOMMENDATION CONDITIONAL USE PERMIT - EL LORO PATIO SEATING - 99 WILLOW BEND 2 Staff recommends approval of Application 2005-03 for a conditional use permit for outdoor food and beverage service at EI Loro Mexican Restaurant, 99 Willow Bend. Suggested findings of fact and conditions of approval (should be referenced in the Planning Commission's motion): The proposed use would be consistent with city code, provided the following conditions are met: 1. The Building Official and Fire Inspector shall inspect prior to opening, to ensure code compliance regarding exits and other life/safety issues. The patio shall not be used until the Building Official and Fire Inspector grant such approval. 2. Maximum occupancy for outdoor seating area shall be based on the number of seats. Prior to the patio being used, a sign shall be posted noting the maximum occupancy load to be determined by the Building Official and Fire Inspector. 3. No food preparation or other food equipment may be placed outside. 4. Tobacco smoke may not interfere with non-smoking patrons at entrances and exits. 5. Doors must be self closing and kept that way at all times. They may not be propped open or modified. 6. Floor/deck surfaces must be easily cleaned, durable and not create a safety issue (i.e., too slippery). Example: all concrete surfaces must be sealed. No areas of standing water may occur. 7. Furniture placed on outdoor areas must be easy to clean, resistant to weathering, and sufficiently weighted or otherwise secured to the patio. 8. A minimum of 5 feet of sidewalk width is to be maintained for accessibility to the restaurant and neighboring business. The plan submitted shows a 4 foot wide sidewalk. The seating area shall be reduced to provide no less than a five foot sidewalk. 9. At least one refuse container must be provided in the seating area, and must be emptied upon closing. The licensed establishment is responsible for litter and waste control. 10. Due to a greater potential for liquor control violations due to outdoor seating, the city may choose to implement compliance checks with greater frequency or in a different manner. Planning Commission action is requested. CONDITIONAL USE PERMIT - EL LORO PATIO SEATING- 99 WILLOW BEND 3 PROPOSED EL LORO PATIO DIINING AREA CRYSTAL SHOPPING CENTER CRYSTAL, MINNESOTA NARRATIVE EI Loro presents this proposal to create a patio dining area at their location in the Crystal Shopping Center. Their patio dining area will allow them to extend the dining experience to the outdoor area. EI Loro proposes to construct a patio dining area on the east side of their space. The patio will be enclosed by an ornamental steel railing with gates for exits. The wide existing sidewalk in front of the tenant space allows room for pedestrian movement outside the patio enclosure — a minimum of four feet will be preserved for public walkways. Thank you for your consideration. cvun100 $11T c� VHIBolT B 47. ,4 i W,R y nAf _= c s► wt ,ice .::i VHIBolT B i s► wt VHIBolT B , Ro-'O'. jZ e -� .�'icvva�"' �a 9^ '�sa� :�`. ��p' •a is C�~� r` �as ng t''�W c C Y•� X - -�7f ,ap '"•�r +�.� � 30r s✓'i-0.�'' .s& js 4s +f*x .` ti3 s "i . ' -`EMl. S. ;: q � �r aty'•� � t7�i* J' � "L ^• ••C Fes*, q1w) �c�° t yrita ■9 h � � 1 w.li ��'4� ,�-'•�.`�ra.`�-� 1 � e 'r � Y37k� a _�.� +'''�' ■elf: �� -.; �. �NU:tifir" r�`�ri+� t� _ ��, os r ff1 +� tit a alu��,!! t��� � �•`�",� a ,I is w'k�41 t 1 l7r777., '"1 K.. K archi- ne KKE Architects, 300 first avenu minneapolis, m phone: 61,2/ 339 - fax: 612/ 342 w a Key Plan I hereby certlFy that this I prepared bg me or under am a duly Licensed &rchll of Mlmesota. 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