Loading...
6.4 ,-(.r ---\ ITEM 6.4. MEMORANDUM 'y of / AkRiverTO: Planning Commission FROM: Steve Ach, City Planne DATE: February 25, 1997 SUBJECT: Conditional Use Permit Request by Pinnacle Foods, LP. (Perkins Restaurant), Public Hearing Case No. CU 97-1 Issue Pinnacle Foods, LP is requesting a conditional use permit for site plan review to expand the Perkins Family Restaurant and Bakery located within the Elk River Retail Center Planned Unit Development. Location • The northeast corner of Elk Hills Drive and U.S. Highway 169. Zoning/Land Use PUD (Planned Unit Development) / HB (Highway Business) Attachments • Location map • Zoning map • Development plans • Minutes from the previous Planning Commission and City Council meetings • Letter from Pinnacle Foods Overview Perkins Restaurant is currently 4,160 sq. ft. in area. The proposed 1,450 sq. ft. expansion would bring the restaurant up to a total of 5,610 sq. ft. The addition will provide for 15 new tables with a total of 48 seats. This will • bring the restaurant's totals up to 44 tables and 192 seats. 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to the Planning Commission/CU 97-1 February 25, 1997 Page 2 • The proposed addition will take place along the north side of the building by bumping the wall out a total of 12 feet, providing for the new seating opportunities. The existing landscaping on site that will be disturbed with the addition will be relocated accordingly. Attached is a letter from Dan Smith, general partner of Pinnacle Foods, LP. explaining in detail Perkins proposed expansion plans. As Mr. Smith points out in his letter, he is aware of a possible parking problem and would like to receive approval from the Planning Commission to purchase additional land and construction of an additional parking area immediately to the north, if a parking problem arises in the future. Staff would recommend that this new parking area, if it has to be constructed, be done in accordance with the concept plans that have been approved for Elk River Retail Center and that the parking area be improved with a bituminous surface, along with curb and gutter where appropriate. Proposed Flag In addition to the building expansion, Pinnacle Foods, LP. would like to request installing a 70 foot high flagpole to replace their existing 35 foot high flag. This is an issue that was discussed as part of the planned unit development plans for Elk River Retail Center during the early part of the • project. Given the proximity of this commercial center to the residential area to the east, there were measures taken to try to mitigate the commercial impact upon this residential area. For example, the earth berming and extensive landscaping along Dodge, coupled with the future buildings being tucked into the west side of the berm helped in minimizing the commercial's appearance to the residential area. In addition, the height of the signs was also considered, both from the standpoint of the residential to the east and the site's elevation above Highway 169, which would not require excessively high signs. During that review, the flagpole was also included in the concept plans to show that it would fit within the height requirements and overall scale of the project. Staff believes the 70 ft. high flagpole would not be in scale with the proposed development and would receive opposition from the residents to the east, as the request did with the initial application by Perkins in 1995. Recommendation It is recommended the Planning Commission recommend approval of the conditional use permit for Pinnacle Foods, LP. to expand the existing Perkins Restaurant facility, adding an additional 48 seats, with the following conditions: • s:\planning\pc\cu97-1.doc Memo to the Planning Commission/CU 97-1 February 25, 1997 Page 3 • 1. All of the existing landscaping that will be disturbed as part of the addition be replaced. 2. Awnings along the north side of the wall not project into the drive aisle. Staff recommends denying Pinnacle Foods, LP.'s request to install a 70 ft. high flagpole based on the following: 1. The concept plans for the Elk River Development PUD were approved with building heights, signage and other structures, i.e., flagpoles, • reduced in height to minimize the impact to the residential area to the east. 2. There was public opposition to a flagpole exceeding 35 ft. in height at both the Planning Commission meeting on July 25, 1995, and the City Council meeting on August 21, 1995. 3. The 35 ft. high flagpole was originally approved in accordance with the C3 (Highway Business) maximum sign height. Given the location of the Elk River Center PUD and its elevation above the highway and • proximity to the residential, height restrictions and other measures to minimize the impact to the residential area were taken into consideration as part of the planned unit development. • s:\planning\pc\cu97-1.doc — .. I, lfig..2zsg. v � _ • . .. .v. -.Et1Qtt4771 ii(17% ... Er Ai MI .. L.1. Milt FS • r4s • , T . ' I LOCATIONvii ,,T• Air I 4. i gig Witiod \A •._I'. iv ii _ s At • ,h frog errP!Paffrilkiigi. OW 1 Ric lm lc sort � ` , =::;T'-� �►� �:*�t�� �►�,`o����. �� f ,-A a a�►lk..2b cat■ o.r Aar���ii •,ii angap 'NNS'nfiq II 11M�1�R I�AI q10 LjIOaM ' �e 4 AKA SIA,1-1 00100. 1"#''''"I. c57ji o BIN �-�'q ii:IN . '�.•,:� % = 0�ilo .. Aim.—c�0.i1..:Y.1�J" ?!;`='I:ii mssr79.:10., r 1 =rte ,:..:. i kb �1 [• • •b- :Poili leila►i_1- r` C 1! g* O-;•a• jib .�. r�► 1-173.T .....:a� �� �1111AJr: .�_{2 \�i1� i.117 rin Naga i Orli iql j -s uur 1_` �' � � iilri a 1ii !LtII 11111: x01111-• - , I"' ,.i+_• 9 .� .,'���in. ��,✓�•' �.- A ,\- rN� • SII J t'� iiL! _-,,, WOE :mg--lb 11 s •F,I e `• 6 rr 11/11: 1��•v ., :.,� _��� '' , i ti 7a: � ill • - .1.NM. liff 7 i i ZONING MAP ._ J ( --)\,, . _x. .. .,_ Cir.), of 4 �z. CASc CU 97- 1 Elk .-0 o - ,r.. . ,-;n4. - • --- -- ' , e •,lam 3‘sir- ) l i "' ' :viral ,-,‘, LOCATION ■E / y� ��� �7� tfps _ ilnad on Piko t / ,..\-41\‘' ii i ■ i. som7MI 1 isrArtssei los i � P .U! I' ` 1 FA +• OlIs •7 t•-- ii ::::*400-twai.„-firtirc.— ,wok.creeap. wit imit\41, „,,. ..EVE'MI i 11 • $iir& r�', i1/11 •"rut --A• • $ .', o 1'g �Z a.x 0.7 /n1 N ILII=��� ... - _di%�� rk,alik .. i; .��..m's,"-��g 1-91'lij•'AO ..... • \ • 'v--• 4 M.'t•-.' 40,414110 I CS Ifitiiiin II / g 42,0 7i:•�7A - '205 111061 mow-. r „... .Mil till'ik105:arid �i® .,,�IV 1.141.1 uvirmil �: I —/ —NM . J , -4.--44:- o 11.10.1*.•••' r ;rte 11111111111*1111 Iul'Who. t- 11 L. iiiiti.9 AilDIGEBILDIErrii--*4 •74111.111.1-v ri r.gam ' �., 4,. ilea oils.1 I r nub 111111.Ilk, um MiP4_ %%= 101 Ia€ham• :-n Intl •1 P. •a. . 4 ;'144 -In.witiumridia 411 is !u Z 11O M. la 0 P " ®' �: r�i196/40111.r.„.1 �y�iil�u/i► �g�, ,i urs:HO M. +� , .� � `•, 'e�H/i//,. , !•.:�.11■11'111111............ .. I._'1 µ :.,x. �, 'web n.410 :.'"..,..1 sI. _ 6uu.uun111111(ism .il 41110 .+•�...a•»�o'1U '0 x.....Me ex►x•.^�� !�/i6 i m/ +:U .p!....11li1',u,c� h *-333k al iI,. .il/pts i ) • .4,41L" IIIItij1 —^1 ..;:�:. i .� �► : , if. • - o I `,., •qmn .r• milli• "4111- � • .- M/14L3 y 4j1Mu c4. x 111111 / }o. Z • n igen. . L .),-' ±--)f-------` '-- - ,_JL\ --- nn *•.:•• .\ , Kr LOCATION MAP 0 ON City of CASE Cu 91I Eliz pr _ River P.O. Box 490 . 13065 Orono Par w • r Parkway • Elk Rive., MN 55330 • (61_) 441-74_0 • • • 4, t Pinnacle Foods, LP. • February 7, 1997 Steve Ach City of Elk River 13065 Orono Parkway Elk River, MN. 55330 Dear Steve, With respect to our recent conversation on parking, please see the following information: 1. You relayed that the City of Elk River required the greater of either, one parking spot for each four dining room seats, or one parking spot for each 100 square feet of building. 2. Our present situation, is as follows: 91 parking spots 32 tables 156 seats 4,160 square foot building Method "A" 156 seats divided by 4 seats per parking spot = 39 parking spots Method "B" 4,160 square feet divided by 100 =42 parking spaces • 3. Our proposed expansion would result in the following situation: 91 parks 44 tables 192 seats 5,610 square foot building Method "A" 192 seats divided by 4 seats per parking spot=48 parking spots Method "B" 5,610 square feet divided by 100 = 57 parking spots 4. With our additional seats we will still have 34 more parking spots than required by city codes. 5. Additional Tnformation: We will have 18 employees working during peak periods. Many employees are driven to work by friends or relatives, but for the sake of this example , assume all 18 drove and parked in our lot. This leaves an additional 71 Parking spots for 44 tables. 6. During winter months, when the lot becomes covered in snow to the extent that painted lot stripes cannot be seen, our parking, as with most other businesses, is less efficient, due to guests creating larger than normal parking spaces for themselves. • 4 • 18838 Dodge Street NW, Elk River, MN 55330 612-441-5066 A i . . , Pinnacle Foods, LP. • 7. When the land within the development is completed, to the north, additional parking spots will be available, as the overall development plat indicates. 8. As per our discussion, on 2/5/97, I request the City's approval at this time for my future option to purchase additional land for parking should I feel the need to do so. I ask for this now, subject to City Caveats, so that I do not have to go through the expense of this process in the future. I look forward to working with you again on this project, Steve. Please call if you have any questions. Sincerely, 2 ii 411."41 Daniel V. Smith General Partner • 1111 18838 Dodge Street NW, Elk River, MN. 55330 612-441-5066 Planning Commission Meeting Minutes Page 2 July 25, 1995 • do not meet the minimum requirements of 10,000 square feet in size and 80 feet of frontage. Gary explained that the majority of the parcels in the Westwood Subdivision measure 75' wide by 120' - 140' in depth. The applicant can show a hardship due to the fact that he was assessed by the City for two separate parcels. Also, the lot size and width would not be out of character within the Westwood Subdivision. Gary noted that a lot area and lot width variance similar to this request was approved last year. Terry Maurer explained the assessment was based on front footage. The applicant was assessed for 150 feet, based on the fact that there were potentially two buildable lots. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSION TACHENY MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY DANIEL AND FAITH HANSON, PUBLIC HEARING CASE NO. V 95-6, BASED ON THE FACT THERE WAS NOT OPPOSITION DURING THE PUBLIC HEARING AND, BASED ON THE FOLLOWING FINDINGS: 1. SEVERAL OF THE PARCELS IN THE WESTWOOD SUBDIVISION ARE 75' X 120'; THEREFORE, THIS REQUEST WOULD BE CONSISTENT WITH THIS SUBDIVISION AND NOT BE OUT OF CHARACTER WITH THE SURROUNDING AREA. 2. THE APPLICANT CAN SHOW HARDSHIP IN THE FACT THAT THIS PARCEL WAS • ASSESSED AS TWO LOTS BY THE CITY WHEN CITY SEWER AND WATER WAS EXTENDED PAST THE PROPERTY. 3. THE VARIANCE WOULD NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OR NEIGHBORS AND IS IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 52. Dan Smith/Perkins Restaurant Request for a Conditional Use Permit, Public Hearing Case No. CU 95-15 Dan Smith requests a conditional use permit for site plan review to construct a 4,415 square foot Perkins Family Restaurant & Bakery within the Elk River Retail Center Planned Unit Development. The restaurant is to be located in the northeast corner of Elk Hills Drive and U.S. Highway 169. Staff report by Steve Ach. Steve reviewed information presented in his report to the Planning Commission regarding the site plan, drainage and utilities, parking, landscaping, and architecture. Steve suggested consideration be given to the color scheme, flag pole height and hours of operation. Steve noted that a 70' flag pole is proposed, and would be higher than other flag poles, signs and structures along Highway 169. Daniel Smith, applicant, stated the additional landscaping on the Dodge Street side and around the refuse collection site was not a problem. He added that the berm was proposed to be 2-1/2 feet. Mr. Smith requested approval for a 70 foot Planning Commission Meeting Minutes Page 3 July 25, 1995 • flag pole. He stated that the flags are taken down when winds reach the 18-22 m.p.h. range. He stated that there was no reference in the City Code to restrictions on the height of flag poles. Dan stated that he feels a 24 hour operation is needed to survive financially, especially when the first restaurant opens. He stated that if Perkins determined that a 24 hour operation is not warranted, they would consider reducing hours. Mr. Smith stated the lower portion of the building's exterior walls would be a terra cotta color. Chair Kuester opened the public hearing. Eleanor Todahl, 280 Evans Avenue, expressed her support for the proposed Perkins Restaurant. She stated Elk River was known as the flag city supported the large flags typically flown by other Perkins Restaurants. Letters of support were submitted by Herbert Bahlmann, Ruth Harpster, and Cecilia Lewis, all residents at Angel Ridge Apartments. Mike Kedrowski, 18837 Dodge Street, stated that he lives directly across the street from the proposed restaurant. He expressed concerns regarding location of the driveway, headlights from vehicles shining directly into his home, increased traffic on Dodge Street, the request for 24 hour operation, and the large flag. Arlon Fuchs, 266 Elk Hills Drive, stated he felt that additional conifers and the proposed berm were essential for buffering. He suggested a 5 am opening time and 11 pm closing of the restaurant. Mr. Fuchs expressed opposition to the 70 • foot flagpole. He stated he supported using earthtones for the exterior of the building. Mark Kramer, 242 Elk Hills Drive, questioned who would maintain the drainage pond. Mr. Kramer suggested that additional conifers be required to buffer the restaurant from the adjacent properties. He also suggested that some of the parking be placed on the west side of the restaurant to reduce the number of vehicle headlights shining into neighboring properties. Arlon Fuchs questioned whether or not the elevation of the site would be brought down to be more in line with Highway 169. Steve Ach explained that grading would be done in the northern portion of the development, but he was not sure of how the final grade would compare to Highway 169. Steve indicated that the association document recorded with the planned unit development would address ownership and maintenance of the drainage pond. Pat Hetrick, 271 Elk Hills Drive, objected to 24 hours of operation. She expressed concern that a buffer of trees was supposed to have been planted as part of the Barrington PUD and was never done. Jackie Kedrowski, 18873 Dodge Avenue, stated she felt this PUD did not address safety concerns regarding traffic and visual barriers. She felt there is a problem with speeding on Dodge. She referred to the road as having a "Level F" designation. Mrs. Kedrowski expressed their willingness to work with the City and/or the developer in resolving these issues. Planning Commission Me E J Minutes Page 4 July 25, 1995 • Chair Kuester closed the public hearing. Commissioner Tacheny questioned why the sidewalks were placed on the west side of Dodge Street. Steve Ach explained that if the sidewalk were extended north to 193rd, the west side has the least obstructions. Terry Maurer added that it was unlikely that a sidewalk would fit on the east side of Dodge, due to the steep grade of the existing driveways. Discussion followed regarding speeding on Dodge Street. Terry explained speeding is an enforcement issue and there is little that can be done with the design of the road to reduce speeds. He stated that placement of a stop sign often causes drivers to speed up because the perceive they are losing time because of it. Terry explained the "Level F" designation for the southbound lane of Dodge Street related to gaps in traffic and delay time, rather than safety. Discussion followed regarding the elevation of the driveway for the proposed restaurant. Terry Maurer stated that the Kedrowski home elevation was approximately 950 feet, the driveway for the proposed restaurant at Dodge Avenue would be 946 feet, and the restaurant itself would be at 942 feet. Commissioner Minton stated that the 4 foot drop in elevation should cause headlights to be directed into the embankment, rather than into the homes. Tom Dillon suggested that the Perkins driveway be flattened out so that vehicle headlights would project into the bank, rather than upwards. • Commissioner Sullivan questioned how strongly Mr. Smith felt about the 70 foot flagpole. He stated he strongly favored the 70 foot flagpole, but that he did not want the issue to slow down the process. Commissioner Minton stated that he felt the large flag was used as a method of advertising and that a smaller flag would serve just as well. Discussion was carried on regarding the hours of operation. Dan Smith explained that new Perkins Restaurants are open for 24 hours, and reviewed after six months to determine if the 24 hour operation is cost-effective. He requested that he be allowed to try the 24 hour operation initially, and make adjustments in the hours if conditions warrant. Arlon Fuchs stated he felt it would be more appropriate to start with reduced hours, and review in six months for 24 hour operation. Commissioner Tacheny stated he felt the 24 hour operation could be tested and then reviewed in six months, so that the impact of noise and lights on the neighboring properties could be assessed. Mr. Smith expressed his willingness to meet with the neighbors to resolve issues of concern. Steve Ach responded to Commissioner Minton's question concerning trees and berrning by stating that 6 -8 foot pine trees would be included in the landscaping plan. He added that there will be a grade change from the parking lot to the street and that an additional berm could be added for buffering. COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION RECOMMEND • APPROVAL OF THE REQUEST BY DAN SMITH FOR A CONDITIONAL USE PERMIT FOR A PERKINS RESTAURANT, PUBLIC HEARING CASE NO. CU 95-15, CITING INFORMATION Planning Commission Me .g Minutes Page 5 July 25, 1995 IN STAFF'S MEMO AND COMMENTS MADE DURING THE PUBLIC HEARING AS • REASONS FOR APPROVAL; WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS STATED IN STAFF'S MEMO TO PLANNING COMMISSION, DATED JULY 25, 1995, BE INCORPORATED INTO THE REVIEW PLANS. 2. COMMENTS FROM THE CITY ENGINEER IN THE MEMO DATED JULY 17, 1995, BE INCORPORATED INTO THE REVISED PLANS. 3. THE PROPOSED RESTAURANT MAY NOT RECEIVE A CERTIFICATE OF OCCUPANCY UNTIL THE ROAD IMPROVEMENTS TO DODGE STREET AND ELK HILLS DRIVE ARE SUBSTANTIALLY COMPLETED. 4. HOURS OF OPERATION SHALL BE 24 HOURS A DAY, 7 DAYS A WEEK, WITH THE CONDITION THAT A PUBLIC HEARING WILL BE HELD BY THE PLANNING COMMISSION AFTER SIX MONTHS OF OPENING OF THE RESTAURANT, TO REVIEW THE HOURS OF OPERATION. 5. DELIVERIES SHALL BE MADE BETWEEN THE HOURS OF 7 AM AND 7 PM. 6. THE PROPOSED FLAG POLE HAVE A MAXIMUM HEIGHT OF 35 FEET WHICH IS CONSISTENT WITH SIGNAGE IN THE C3 ZONING DISTRICT AND AS REPRESENTED ON THE APPROVED DEVELOPMENT PLANS FOR THE PUD. 7. ALL CONDITIONS SET FORTH IN THE PLANNED UNIT DEVELOPMENT • AGREEMENT FOR ELK RIVER RETAIL CENTER BE MADE PART OF THIS PERMIT. 8. THE FINAL PLAT, DEVELOPER'S AGREEMENT AND PUD AGREEMENT SHALL BE EXECUTED AND RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT. COMMISSIONER DILLON SECONDED THE MOTION. Steve Ach suggested that neighboring residents are welcome to come to City Hall to review the plans and that he would keep them up to date on any changes that may occur. Commissioner Minton noted Mr. Smith has indicated he will be available to meet with the neighbors to discuss their concerns. THE MOTION CARRIED 6-0. 5.3. Lee Fredrickson Request for Conditional Use Permit, Public Hearing Case No. CU 95-15 Staff report by Gary Schmitz. Lee Fredrickson is requesting a conditional use permit to operate an automobile sales lot along with associated automobile repair on Lots 8 8.9, Block 2 in the AR-MON Commercial Park. He proposes to relocate his existing car sales lot (Lee's Riverside Auto) on Highway 10. Mr. Fredrickson has submitted a site plan for a 3,100 square foot building which will serve as an office/showroom, with an area in the rear of the building for minor auto repair. • The current users in the Ar-Mon Commercial Park consist of Metro Trucking & Gravel(cwners of Lots 2, 3, 4, 5 and 6, Block 1, and Lots 3 and 4, Block 2), and a Elk River City Council minutes Page 6 August 21, 1995 • ---------- 9.1/9.2 Variance and Administrative Subdivision Request by Daniel Hanson, Case No. V 95-06 and AS 95-06, P.H. Gary Schmitz indicated that Daniel Hanson is requesting a variance to the minimum lot area and width requirements in the R 1 c zoning district and an administrative subdivision of Lot 10 and 11, Block 9, Westwood Subdivision, back to its original description. Gary Schmitz reviewed the staff report on both of these requests. He indicated that the Planning Commission recommended approval of the variance. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE LOT AREA AND WIDTH VARIANCE FOR DANIEL HANSON BASED ON THE FOLLOWING FINDINGS: 1. SEVERAL OF THE PARCELS IN THE WESTWOOD SUBDIVISION ARE 75' X 120'; THEREFORE, THIS REQUEST WOULD BE CONSISTENT WITH THIS SUBDIVISION AND NOT BE OUT OF CHARACTER WITH THE SURROUNDING AREA. 2. THE APPLICANT CAN SHOW HARDSHIP IN THE FACTOR THAT THIS PARCEL WAS ASSESSED AS TWO LOTS BY THE CITY WHEN CITY SEWER AND WATER WAS EXTENDED PAST THE PROPERTY. • 3. THE VARIANCE WOULD NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OR NEIGHBORS AND IS IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUEST BY DANIEL HANSON TO DIVIDE LOTS 10 AND 11, BLOCK 9, WESTWOOD SUBDIVISION INTO TWO SEPARATE PARCELS WITH THE FOLLOWING CONDITIONS: 1. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT OF $500 BE PAID TO CITY PRIOR TO RECORDING. 2. PAYMENT OF A SURFACE WATER MANAGEMENT IMPACT FEE OF $61.80 BE PAID TO THE CITY PRIOR TO RECORDING. 3. GRANT A 5' DRAINAGE AND UTILITY EASEMENT ALONG SIDE AND REAR PROPERTY LINES, AND A 10' DRAINAGE AND UTILITY EASEMENT ALONG THE FRONT PROPERTY LINE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 9.3. Dan Smith, Perkins Restaurant Reauest for a Conditional Use Permit, P.H., Case No. CU 95-15 City Planner Steve Ach indicated that Dan Smith is requesting a conditional use • permit for site plan review to construct a Perkins Family Restaurant and Bakery Elk River City Council minutes Page 7 August 21, 1995 • within the Elk River Retail Center Planned Unit Development located at the northeast corner of Elk Hills Drive and US Highway 169. Steve Ach indicated that he and Dan Smith met with some of the affected property owners to discuss the concerns with the proposed Perkins Restaurant. Steve Ach reviewed the concerns of the residents along with what action hos been taken to address these concerns: • The location of the driveway from the restaurant onto Dodge Street. ? • The headlights from vehicles either leaving the restaurant or circulating on site. • Increased traffic on Dodge Street. • Restaurant being open 24 hours a day. • Hours that trucks will be making deliveries to the restaurant site. • Height of the flag pole. • Architecture of the building having earth tone colors that will be more compatible with the residential area. Steve Ach indicated that the Planning Commission reviewed the request and recommended approval of the conditional use permit to construct a restaurant with the conditions that were outlined in the staff report. Steve Ach suggested that the Council add stipulation #10, "That additional landscaping be installed along the east side of the storm drainage pond to minimize the headlight glare from vehicles towards the residential area and that this landscaping be completed as part of Phase I. Mayor Duitsman opened the public hearing. Applicant Dan Smith informed the Council that the issue of Perkins being open 24 hours is very important. He indicated he is not in favor of the Planning Commission's recommendation to allow the 24 hour operation 7 days a week with a review after six months. He indicated that the investors for the restaurant are relying on his projections which include a 24 hour operation. Mr. Smith indicated that he has addressed the concerns of both the city and the neighbors. Mr. Smith suggested a compromise on the height of the flag pole at 50 feet. Arlon Fuchs, 266 Elk Hills Drive, requested that the Council consider the following: • The developer complete the berm for the entire length of Dodge Avenue up to 189th Avenue. • Suggest moving some of the trees to eliminate glare. • Suggest earth tone colors for the building. • The building be complimentary'to the other buildings in the complex • The hours of operation be 6 a.m. to 1 a.m. Monday through Thursday, and 24 hours Friday through Sunday and on holidays. • The flag pole be no more than 35 feet high as the flag pole is a form of advertising for the Perkins Restaurants. Mark Lee, 10934 205th Avenue, indicated that he is in favor of the restaurant operating 24 hours as it would be an asset to the community. He indicated that • Elk River currently does not have a 24 hour restaurant. Elk River City Council Minutes Page 8 August 21, 1995 • Bob Minton, Planning Commission Representative, indicated that the Planning Commission is in favor of Perkins operating on a 24 hour basis, but questioned whether this should be reviewed in six months. Bob Minton also indicated that the Planning Commission felt that the flag was a means of advertising and therefore felt that the height of 35 feet, which is consistent with signage in the C3 zoning district, was appropriate. Mike Kedrowski, 18837 Dodge Street, expressed his concerns regarding the location of the driveway and the headlights shining directly into his home. Councilmember Holmgren suggested that the City Council review Mr. Kedrowski's concerns after Perkins has been in operation. City Engineer Terry Maurer indicated he would be presenting a proposal to the Council in the near future to realign Mr. Kedrowski's driveway and that he would be proposing a turn-around in the driveway by Mr. Kedrowski's garage. Eleanor Todahl, 280 Evans Avenue, indicated she is in favor of Perkins operating 24 hours as it would be an asset to the city. Mayor Duitsman indicated that he felt screening should be provided by the developer and further indicated he felt additional plantings should be provided across the street. Mayor Duitsman also stated that he was in favor of Perkins operating 24 hours a day and of the 35 foot flag pole. • Earl Hohien indicated he concurred with the Mayor. There being no further comments, Mayor Duitsman closed the public hearing. Councilmember Holmgren stated that he also concurred with Mayor Duitsman. Councilmember Farber concurred with the Mayor regarding the 24 hours and additional screening. Councilmember Farber stated that he was in favor of a 50 foot flag pole rather than a 35 foot flag pole. He stated that a 35 foot flag pole would be more obtrusive to the neighbors than a longer flag pole. Councilmember Scheel indicated that she visited the area and noted that the traffic in the area at this time is very busy. She suggested installing speed bumps to slow the traffic down as it exits Perkins' parking lot. She further indicated she had a concern regarding the height of the flag pole and with Perkins operating 24 hours because the neighbors also have an investment in their property. Councilmember Dietz indicated' that Perkins Restaurant has made many improvements in their attempt to work with the city and the property owners. He further indicated he felt Perkins should be allowed to be open as a 24 hour facility. Councilmember Dietz concurred with the Planning Commission regarding the height of the flog pole at 35 feet. He suggested that Perkins should work with the neighbors across the street to screen the property. COUNCILMEMBER SCHEEL MOVED TO APPROVE THE CONDITIONAL USE PERMIT FOR • DAN SMITH TO CONSTRUCT A 4,415 SQUARE FOOT RESTAURANT FACILITY WITHIN THE Elk River City Council Minutes Pace 9 August 21, 1995 • ELK RIVER RETAIL CENTER PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS STATED IN STAFF'S MEMO TO PLANNING COMMISSION, DATED JULY 25, 1995, BE INCORPORATED INTO THE REVIEW PLANS. 2. COMMENTS FROM THE CITY ENGINEER IN THE MEMO DATED JULY 17, 1995, BE INCORPORATED INTO THE REVISED PLANS. 3. THE PROPOSED RESTAURANT MAY NOT RECEIVE A CERTIFICATE OF OCCUPANCY UNTIL THE ROAD IMPROVEMENTS TO DODGE STREET AND ELK HILLS DRIVE ARE SUBSTANTIALLY COMPLETED. 4. HOURS OF OPERATION SHALL BE 24 HOURS A DAY, 7 DAYS A WEEK BECAUSE THE 24 HOURS AS PROPOSED DOES MEET THE REGULAR FIVE STANDARDS FOR THE ISSUANCE OF A CONDITIONAL USE PERMIT. 5. DELIVERIES SHALL BE MADE BETWEEN THE HOURS OF 7 A.M. AND 7 P.M. 6. THE PROPOSED FLAG POLE HAVE A MAXIMUM HEIGHT OF 35 FEET WHICH IS CONSISTENT WITH COMMERCIAL SIGNAGE STANDARDS AND THE FLAG APPROVED HEIGHT FOR THE DEVELOPMENT PLAN IN THE PUD. 7. ALL CONDITIONS SET FORTH IN THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR ELK RIVER RETAIL CENTER BE MADE PART OF THIS PERMIT. 8. THE FINAL PLAT, DEVELOPER'S AGREEMENT AND PUD AGREEMENT SHALL BE EXECUTED AND RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 9. FOUR SETS OF REVISED PLANS WHICH INCORPORATE THE CONDITIONS FOR APPROVAL BE SUBMITTED TO THE PLANNING DEPARTMENT FOR REVIEW PRIOR TO ISSUANCE OF A BUILDING PERMIT. 10. ADDITIONAL LANDSCAPING BE INSTALLED ALONG THE EAST SIDE OF THE STORM DRAINAGE POND TO MINIMIZE HEADLIGHT GLARE FROM VEHICLES. 11. THE DEVELOPER PROVIDE ADDITIONAL LANDSCAPING ALONG THE EAST SIDE OF DODGE STREET TO MINIMIZE THE GLARE TO THE RESIDENTIAL AREA. THE LOCATION OF THE LANDSCAPING SHALL BE DONE WITH THE COOPERATION OF THE RESIDENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 8:40 p.m. and reconvened at 8:48 p.m. 9.4. Lee Fredrickson Request for a Conditional Use Permit, P.H., Case No. CU 95-16 Assistant Planner Gary Schmitz indicated that Lee Fredrickson is requesting a conditional use permit to operate an automobile sales lot with an associated automobile repair at the location of Lot 8 and 9, Block 2, Ar-Mon Commercial Park. Gary Schmitz reviewed the staff memo on this request. Gary Schmitz indicated that the City of Ramsey has some concerns regarding the request. Mr. Schmitz indicted that the applicant has adequately addressed the City of Ilk \ , \ \ L_► I I I ► I ► \\ \ \ \, \ \ - ,.. , \ \ �\ BY0TH 'S ^ FUTURE \ AUTO/RETAIL \ •; \ \ , —CONCRETE ISLAND O \ 6 \ 110 CA1-H W i M • \ \\ v ` \ \ \ \ `Y \ \ 5-CAM \ \ _\ wr t 1-CR 2-111 qb \ ,aa.\ AP 11—HJ 'om�UM \ 00110110110 '- 7 PAD ` \ � SOD 0 �V`��� oa. \ SOD a MOVE E7�S G ,i,Q01. . OQo \ \ �\ 3 E4. .0A • \ , ram AID Q d... •o \ \wr s F`?�� 11: oo• ` \ A. O,�pp Popo°. \ \\\\ \ ° RESTAURANT • \ 0 -CAM rocP 61\ 4,415 eF,ORICANAL AREA Seo BF I,PAOPOPED AFEA lif . vol FFE 9425 \ Paii \ VE•4°- 11. \ O .O, , 4p4't ditwili: 4g �O 1-4 o\ n \ \ JIB. , \ 3-H ----\C 10—HJ \ \ \\ \ SEED/SOD UMITS 2—TH ! >BLDo ` -aai\ \ 12-RD —EDGER (TYP.� \ �\ — . TVP Aft N --- \ SOD Olen 6100,6 OA OA- RESTAURANT PYLON 810N �•a a� WOW�, M,X • \ GRAPHIC SCALE \ \ /lla zo o io 20 ao \ \ ( SCALE IN FEET ) !--4 -""" - / 2' \ \ r i • NOTE= ORIGINAL DRAWING PROVIDED BY • – – WESTWOOD PROFESSIONAL SERVICES, • — INC. • I SF ET C.5, 9-25-96, PLANTING PLAN o flF CL 0 • LJ ' 1 0 I 1f'-----1—. ORIGINAL LANDSCAPE LISTING PLANT LIST 1 K ..a 00.a, cM,MAI. 0 H l4A l CB-i4=maim 2 IS r f BI BUSIODONBI ONIU CAI RATM® : .a' B! Rl[xllll�l.I�R'LA COMADMA. •.-,es DOG W O TN 1HO LIMINA HO TAI!000•D04L NON t V a CC EXST to monis OGGI.OSWO.•0!i'EA v Or NU •oc NFKra - CM COANCT NMUARMIAra.a•p ACONMOTA• 31:7 TH-950.7 CAC COMIC/MOON aw®rreurrnanl.r•oorpenar s AV POT •oc 3 HP rimes rDKure.1lamo9rswos N. u array •CO o, 3 LANDSCAPE IQ MN MOP ANINIJON/te CHIN rw.ur . or POT c CO ',....Z, a n aR ONINNO1B AIUMN NO MD 0\DOCRAN EI OM') • IVSBB 000 N n J N M- THIS AREA NOT INCLUDED lir ,- J FOR IRRIGATION BY PERKINS r E5 m OD a La d PLANTING m m La NOTES Z Y Z F N Q W V X w a w a- x 3 w J AEE pffTE.Ca C.CA vw 0�HIE.COMAPIH.HOM Ani®.O.B9OaO OUOFliCET.A EMC MAO40 AACHTEC I.O.I MD one RAI!N IEOUED OI MTKVIMIECu.umA.rp.+r o.w.p...r.a..c.r.^•sots T.proW..4.mT J►a..la* Mai.a..N.n N'n o atiIYI _ Lo Tli IOMwrr meter.aw..o hare..u.•Moor prow. C m O O . !. Au pa. t•A•.•••.4,...w.tee,. aE o.P°-' i o 6TOP SIM r.a.a..n.re_o..w.re AM4 soon na..w. O1`owin z 1OC2C 1-H �i u....,...cl,..lr�rp..m r_.wpm.w wa..,a Yc—o m aroI ci ) 'oeoO 11 -CAC WE CN•ta.•r NM lobo NA 0 MN prior rokNONA a OA. o o. s`oCCma r- 3—BHS I I .e a., ......ria r ad.e a .... m o 2 IN 18—CAC Man Naev.Vm w*Wm H222• CL 48 2,21 N TRANSFORMER PAD �� Q ""°""` w ,, UN,ANA 222/1 NIA ��oto 2—CR • tr w._�... �.b.. a ..ae poor doE.y� m .. b EDGER _ I o�...Mre.,..vrsu.a.w..�<•OrNM..l..olyCOSOA . `-a a u C- C o t u c o TYP. "Pk./.AAAA %NANNIww.n.amonArr+..r...frrcfil.a;. —nom in o naumo ROCK MULCH SOD 0 W'�..°.p� :.n.p�OM...a.e ea a e....d ci ____-__ W% FABRIC—TYP. 0 All AMNI104 ®swLBES�NMMOO1 .a MO NO TEEIW. AZ I o 2-� I / I`.O..MO,ILDIi.t P.MOOEDIIA HRH 1111.01 gi j N ..TD,.A.p...,..,rem...se.,.,l...ti.a....b 04 a 1—BHS ' ....0a.T...maH.onrw.pae..a.oaO.m.... '�v r„ vl ' _ ` NOP...Amt mAen.r.....�.orp.p,-IS. U d a.e6.�an.6.ad not mla++l As wed cow V.w mi n..rrp boa O '2, v 1,1 2—BHS I •eN p..'Cop C..( nb.-n 012 b • 3- I Bt TCN wiIB1(09F'EB�MO IBlAl18J Bl OMUIDIICY.TIJII OCMMCTpt y9 `Y Z R. . , 0 I 00!H— .m A anelpen•Y prom pm....phwb..a.. o� e 5 N 7�01 1 .d a...+r.er t.lr.r.on COo aro a Ca*..r w 4 N .CS SWAM PLO.A1.11111POPPECIONICAL IOOI.er..LL HEM.I.CO.PAM.APIRO E1 b Y V i 8—CAM #11111:1:11,. / I O m��T7 3—CR 11:0. 6.e.'t .' ., o s� bAi`. NeO�. 3-BHS SHRl1B DETAIL 38—MJ 0 1-CR C I • ` r ,4„a .�,m,,.Q . OA., *0...).-41 -Nt...,..„,,,„,v,...16...,:-•,,F.,„..,...,,,,,,,,: ,.....,.,..,_.. ,9_4pf0 ,, Z • / _z ct " MIX�� E— >O TREE DETAIL z IX L` f4 ,,--:::\ "4ttf a. W "es I .A-. . p _.� Cl) >' �� TREE AND SHR . a q a� j PLANTINGS BY • ,°' SH ET NO. �� OTHERS .n M I tO�a ,E QE .«,; itamiceisrmiimimm 7 e I li .F 5F''c^a z e /.�V,.. 3 E c :;.CFEE AIN 1'^ O �e = 4r Gc•Pea woa et_._ • rtll'{,pi�.:i30' =E."1.4,,E0.. CA occArINArec cor r-.7.a•�4 co K.i:"'LAE'S, C. 4 CuCC\..-E ...Ec ;r l s£T+O'E GQFtiET;.3Ee ( ---r— ROM..4.., .‘e -...rEa ..P. 8 P7JLw.y RA..7c� I i 11E.g2A"F- _,..r.•....• a_�ae s:,rt ! _ / `c j - - - jI r-- I I� _:_L'.•t:�RE'_2R "�R'i .�_..: 1 1 I c.4, « I 1I I 1 W. a,aaa-c.v a r ..,,,...,.,,,4-__..;.CX...GE I Im 'l fill1 m s [1 . fa . .. P..r-�: 11 L.- ` 1 ki cSe, - CRA6C 5-•E-...,:s • , .xEF.._ i/,• -'- s e . _.b el'1 I 0R'eEr� „ec -1 .•-•-•-•_N. wt F� :Y I M Lf-4.1 Y t_t i --1 C....4,1--46'_: +y Eh �- c e S vc. c.:..:-. ♦ / • 0 CCTJBLE C.^+-tiEC '�""�r..,En ` #511.-- 1-, ,:;11.'RE 55 I 4 c.'YE^i...G,� ! iC'''„a._ <". -• .. .... - 4 ,y I-t SCAP Ct$ E?-t 9 r--- j 7- CAFFR 11 :f ;"".F1AFR ® i-,, . Cn - - 2'„-.1_-::E. -{ - P!r"411�a',.4.4c+.(''.i •EPEhtEE E1:+71:11 CZE st .•-• ' •�. 71yet6 D:fe ENEE4 � ."."FR T.r FRI Patl 1- ' ✓ -- �-• • �AtatORG':.!!t T- u.WGIGAP sR-_ _-,�' (`i-a'4. v1 GY r^- � �e. f,zErt s*.a++c T_i 1t..f _.._ -i fes--_ c.�c:t ©\)s ._, rL RGI:,:•,-.RTMFV {a] Rm(1F I . N- Q” 1 GR, _E +p. a_4- _." F.\, i I '/ma6 t a (C, r K)- -t fer �- --- COER®(ll C5) tn \J c LL (D C MIGIRC.441e c7/8Nt' HANG eNK 8 i _ii .( d.,..,— - I '� W, `.,L CvLVt 6:4TER HEs=N � t' 1 K r., rC •.t .-. .' 111100116401.1111100116401.1111GlSAS*urn..cot....RA, .1CP'NSr �qE �c (ib �-- SL,r'E ^=4'ERS w1+vD 91wi w in.. _- i a L m _ , a- 4TR6iL¢..-..3.43L 0,;C.C.S. �� 3..w • CC ICC If 1 qi JG II NEw.5TGR.Ys2-:fFE» ttt::• I 1 i W 11M E -T'ZIP EoEN++aFR 1 C) ;. .-\E -<K SC:'' a�EC I I •'.--.... F--- ` i I, ....Ter a.ea wn•c r t.:_ Cl CD t CD � .y me _. �. I w : >K - �--� - C)KITCNEQUIFr1ENT FAN co i m ' R S r Y 1 s 84; !II lF4Y/ 111 U f ■■■■400 il;% Iii 1 1 Mali■ ■► _ ilrg-�'4U ■■■■■■■■■► .gist„g I ' -- ,u■■■ ■■■■► fleg!io ; ' 11111I ■■■N■■■■■► —• - !f - ,NO■OM■ �' ;, LI' iuI1IIIiiIi ., •E' I 1 „ _.\ 41i- "---,9,-..--.-....-4:'il. Ili 111 /,/ r i e. _ .” I I I I I `J / \``(// n� \) ■ JJ i 1111 .ic v ANC. 5 _ II I 111 `Y;n I t ,�'l } ' „_. - (C.;10..N � ,. 9 , -q _ =® :�/// 1111 ,. 11B-iy 9),18)( c,e) €,t3) 0 .1 ,CF, 0 * .• - ,„ ■ Ill _ , _11,$) @ 0 4, .g) ( ).ti, „, ii d-4, de..‘ 0,.........s, ll ni r t .I u, .. o RI { I z - k ! r I C 4 ® — _ `' Vii: ,3 j. 1, , . • in • ' _ ' - - •. FII II II I idi ii II It III Z U. z u -___. --J f . _ v - J 0 11 Ifo-rf- Q, �� in, �:,,', e I, i I, � ' fIi m • (2.. 111 v _ . 4 i ,. 6 @. • 11 II 11 i,,ta i , l' f { 0.., (. ■ ■ ■ ■ 1 ■ i .1 'P/1,. N7'.4 4,W✓'-:l..'., I - .T l— /:• pa.'Amur scbs�cuutt t 2821 vim aan a .97. . 4 _. v wR4✓ ..6 . ," use". s-_... o 4_ -._J K,...., r-..--1 IF.1.9 I .10711r* 4 - q =/ it • I I 1 •.• •--....n.R•.e,,LS.+1,,,'.41. . .., ,.. 1 . ...,„....-.L...,_ I r----"-------f_, f . T , 1 4 , -— -——----- -------- — —I —n—*—-________ 1 - . . L.....-,.............._........—.—............---,...--. ,'' • ..__....., ,............ i 1 .01.. _ . , . , 1 .., r .. t 1 Iv ,N6all 046 1 _ , 1 1 i I . / ; lit ' 1 i i I ._. i I -.--___. ____....—..,... ,• -t.L.. ; ...•. 0. .4..,,,,,, , t.11 , 410 PROPOSED RIG-4T SIDE ELEVATION I"- CD 01 ...-, in r:--: Li •1--1 ' -1 . i -, *.... ..0 _ -.. Cli LI- 1 ............---.....„„ 1Z) { I1 CD i • • •-r•.66014,,k C:1 . i ir IVIC A1_01 tmgpleon.ii, C) R. feROCIr I 7.. 113.11,4*CR,,h -- -.1 , • "' ,Eat .40 n-R, 1 -L-S itur...colruz .cr ON I CE i Y 1 LO l 1 - . .. Li - t ....." 11, C.1-) /----- a (------)PROPOSED LEFT 5It:)E ELEvATION L.,..., 0 c.,-, cr u..1 (f) _- c16 N. 12 LI gI S�y ]Fay ; FyM n ^ '14;02t.. ill ? 3 ; [tekTERIAL lEGErc); x= 3 a` S ' :,E.itk.cctic*.:- oui!h § E.!tA-c'>Lcm-e-; e g.?JP&•coLcA•eMt33e `.0•AD.T--oLoR Ce30., __ _MCP Exl1_R�MO�P1�f a PANT-C... ,t. '''• (1�! Er 1'wG P.:`,E_ sw I 1 i l 14911dn:g' t. i r �lr .'"-""i^"..........,'•-•.?‘.............. ( -Y.�.m;Fit T vie;t 7°P ■LL�111.-d4 , 1 l' . 1-14 r4 i �......1 I .U1illliLi • EK..„, sY s\3-._ Z., 0 E e •-‘,-,-,1E,,'ey¢ F F- N ^:Ai.�l+pYs 'OP 01.04 t_M1 1.4MIy7T 11., f i- tOP d r!W hIAOtOE 2'(TJ_ U la` n r. I 1 111 tI)X I . ut Y w u o ....i --- . im i.7;.4, •[I 'Sp ` ---,Aril,ir,. 0 wove*