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7.1. SR 11-17-2014 �i EOty lk Request for Action River To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearin s November 17, 2014 Chris Leeseber , Park Planner- Planner Item Description Reviewed by Conditional Use Permit: Hong Ce,Lin for Hajime Jere m r Barnhart,Deputy Director, CODD Restaurant, 18850 Dodge St. NW Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion, a Conditional Use Permit (CUP) with the following conditions: 1. The CUP is not a building permit and the applicant must apply for and receive approval of required building permits before construction may begin. 2. The building shall meet all building and fire codes. 3. The applicant must apply for and receive approval of all required sign permits before signage may be installed. Background/Discussion The applicant is applying for a CUP to operate a Class 1 Restaurant (sit down) within an existing multi- tenant building located at 18850 Dodge Street. The PUD agreement requires a CUP for Class 1 Restaurants. Planning Commission Meeting Summary Clarification was asked regarding the hours of operation and the number of seats as was stated in the applicant's narrative. The hours of operation are as follows: Tuesday-Thursday: 11 a.m. - 12 a.m. Friday-Saturday: 11 a.m. — 1 a.m. Sunday: 2 p.m. — 10 p.m. There will be approximately 60 seats for customers. The Planning Commission unanimously recommended approval. Financial Impact None MN Statute 15.99 deadline The city must take action by November,26 2014. Attachments ■ Planning Commission Memo dated October 28, 2014 p 0 W I R I I a ATURE ��i Ells l Request for Action liver To Item Number Planning Commission 5.2 Agenda Section Meeting Date Prepared by Planning Items October 28, 2014 Chris Leeseber ,Park Planner - Planner Item Description Reviewed by Request by Hong Ce,Lin for Conditional Use Jeremy Barnhart,Deputy Director, CODD Permit for Hajime Restaurant, 18850 Dodge St. Reviewed by NW, Case No. CU 14-19 —Public Hearing Action Requested Recommend, by motion, approval of the Conditional Use Permit (CUP) with the following conditions: 1. The Conditional Use Permit is not a building permit and the applicant must apply for and receive approval of required building permits before construction may begin. 2. The building shall meet all building and fire codes. 3. The applicant must apply for and receive approval of all required sign permits before signage may be installed. Overview The applicant is applying for a Conditional Use Permit (CUP) to operate a sit down restaurant (Class 1) within an existing multi-tenant building located at 18850 Dodge Street. Background/Discussion The subject property is zoned Planned Unit Development (PUD) where Class 1 Restaurants are allowed as a CUP. Class 1 restaurants are allowed by right in other Highway business zoning districts. The property owner has declined an offer to initiate a rezoning. The proposal is to operate a Japanese restaurant that will serve Japanese food such as sushi, sashimi, and Bento Box as well as liquor and beer. There will be approximately 60 seats for customers. Analysis Comprehensive Plan The subject property has an underlying land use of Highway Business which uses range from moderate to high intensity forms of commercial development in Elk River. Businesses in this category may be the largest both in terms of size and traffic generation while also providing services and convenience types of business. Market orientation tends to be regional in nature. Development orientation tends to be toward regional highways. Future Highway Business developments should be located within the Urban Service Boundary and adjacent to regional highways with both visibility and access. Examples of Highway Business uses include discount retailers,grocery,restaurants,automotive sales and service,general merchandise,and professional services. The proposed restaurant use is compatible with the existing land use. PUWFR10 sr �A UR Parking/Circulation There are two access points to the site off of Dodge Street on the east side of the property. Both of these are shared accesses with Perkins to the south and the hotel to the north. The southern access (with Perkins) is the more heavily used intersection. Vehicular circulation is around the entire building and there are 43 parking spaces available for the multi-tenant building. Parking was established for the entire building assuming retail use, or 5 spaces per 1000. The parking for the multi-tenant building was constructed using retail requirements. The space the restaurant is going in would require 21 stalls if it were retail. Using the general parking standards for restaurants of one space per each four seats plus five, the business would require 20 parking spaces which the existing parking lot provides. Using the requirements of one space for each 100 square feet of customer area, the business would require 21 parking spaces which the existing parking lot provides. Signage The applicant will utilize the existing marquee sign as well as the existing freestanding sign located on the western edge of the property along Highway 169. All signage must meet applicable regulations and separate permit for each must be obtained. Employees They propose to have ten employees. Hours of Operation Tuesday-Thursday: 11 a.m. - 12 a.m. Friday-Saturday: 11 a.m. — 1 a.m. Sunday: 2 a.m. — 10 p.m. Utilities There are no proposed changes to the existing infrastructure. Grading/Drainage No site work is being proposed. Landscaping Landscaping has been established on site. No changes are proposed. Applicable Regulation The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. bill not endanger, injure or detrimentally affect the use and enjoyment of otberproperty in the immediate vicinity or the public bealtb, safety, morals, comfort, convenience orgeneral welfare of the neigbborbood or the city. 2. Hill be consistent avitb the comprebensive plan. 3. Hill not impede the normal and orderly development and improvement of surrounding vacant property. 4. mill be served adequately by and will not adversely affect essential public facilities and services including streets,police and fare protection, drainage, refuse di posal, water and server systems,parks and schools;and will not, in particular, create traffic congestion or interference avitb traffic on adjacent and neighboring public thorougbfares. 5. mill not involve uses, activities,processes, materials, equipment and conditions of operation that will be N:\Departments\Community Development\Planning\Case Files\CUP\CU 14-19 Hajime Restaurant\CU 14-19 sr Hajime PC 10-28-14.docx detrimental to any persons or property because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. 6. mill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. mill fully cowpy witb all other requirements of this Code, ' din any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. If denial of such a permit should occur,it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CUP as outlined,it appears that the request is consistent with all of these standards. Financial Impact ?None MN Statute 15.99 deadline The city must take action by November,26 2014 Attachments • Location Map • Applicants Narrative N:\Departments\Community Development\Planning\Case Files\CUP\CU 14-19 Hajime Restaurant\CU 14-19 sr Hajime PC 10-28-14.docx ' 9.uz. P�,rv' ,F •. +,hN9 • - *ter y ,. , �' }" � • � "sue; .: �� .' �"P^'�' •�,� �*f • •t qw M� Jd, �' ' .� •,yam � � ��. +.3a{4'�.k•4 - Yew.. y - - S r r �r +}+ •Iy.Yr '.� � ti��J w.w �' 4•L ie'w � - m �44 '7 ' F� ' �Ta � �a� +�-`•4�6s "�-"� ` �A 4�°� y.'a U °„S '_ w,� 9 k1:Fi� .P�[�.ii �� 'Y,II`' {� � -���;� '1'�,� �e 4* a 1 �s:'k"�t �''`'°'�°.�• yt ��:+ 4� d,R e— � e .s r u .a '�°_ ` ,.. •._ems '� �.� _ ', r .�-`1y� `I I k *,`,1 �-�+,�ti` �_'ems'•� _ I s � z - .,t • Y 1. Detailed description/scope of project. Japanese Restaurant: The Japanese Restaurant will serve Japanese food like sushi, sashimi Bento Box and so on. There will have a sushi Bar to serve the sushi and food . There will have another Bar to serve Liquor or beer . There will be about 100 seats in the whole restaurant What's being proposed? Japanese Restaurant sushi Bar 2. Hours of Operation : Tuesday---Thursday: 11am-12 am Friday---Saturday: 11am-1am Sunday: 2am-10pm 3. Number of Employees : 10 employees 4. Number of Parking stalls,existing and additional 46 existing parking stalls; speak with Hotel to have additional parking stalls S. Is there proposed screening of the site? No 6. Proposed building materials Steel studs, sheet rock,standard restaurant material How do they comply with applicable design standards? All will comply 7. Signage-(at time of installation,a separate permit is required for each sign) How many? 2 Proposed sizes? Existing Marquee sign Locations? One of the marquee on high way 169 One is on Building What type? Neon on building and pylon/monument 8. Is there outdoor storage? Garbage only What is being stored? Garbage, Recycle, Cooking Oil How much? 3 Proposed screening? None