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6.5 .�) --\ ITEM 6.5. MEMORANDUM inof k River TO: Mayor and City Council FROM: Steve Ach, City Planner 2 L DATE: March 17, 1997 SUBJECT: Conditional Use Permit Request by Pinnacle Foods LP (Perkins Restaurant), Public Hearing Case No. CU 97-1 Issue Pinnacle Foods, L.P. is requesting a conditional use permit for an amendment to their planned unit development for site plan review to expand the Perkins Family Restaurant, to install a 70 foot high structure (flagpole), and expand their parking facility 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 • Report to the Planning Commission dated February 25, 1997 • Letter from Davis-Darrow-Meyer Post#112 dated March 7, 1997 • Minutes from August 21, 1995 City Council meeting Overview Pinnacle Foods, L.P. Request involves these issues: • Expansion of existing restaurant facility • Installation of a 70' high structure (flagpole) • • Expand existing parking (if necessary) 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Memo to the Mayor and City Council/CU 97-1 Page 2 March 17, 1997 • The Perkins Restaurant currently has 4,160 sq. ft. of 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 new seats. With this addition, the restaurant will have a total of 44 tables and 192 seats. The addition will basically involve expanding the north wall of the restaurant to add an additional row of tables. This expansion will not encroach into any existing driveways or parking areas, nor will the expansion have any influence on the drainage pattern of the site. It will require the relocation of some existing landscaping and restoration work when the addition is completed. The main issue staff has pointed out to the Planning Commission regarding this request has to do with parking. Although Perkins currently has enough parking to meet the city's ordinance, apparently adequate parking has been issue at this restaurant in the past. As Mr. Smith points out in his letter, he is also aware of a possible parking problem and is therefore requesting approval from the City Council to purchase additional land to the north and construct an additional parking area. All of this would take place if a parking problem does arise in the future prior to any additional construction north of the Perkins. Staff would recommend if Mr. Smith would like to do • this parking lot improvement, all improvements be done in conformance with the approved development plans for the Elk River Retail Center planned unit development. Staff has not received any specific plans from Mr. Smith illustrating what parking lot improvements would be made. If the City Council would like to review these plans it would be appropriate not to approve this parking lot expansion at this time and have Mr. Smith reapply when and if this improvement is made. Otherwise, if the Council approves expanding the parking lot as part of this application, staff will review the proposed plans to make sure they are consistent with previously approved plans for the planned unit development. Proposed 70' Structure (Flag) Pinnacle Foods LP is also requesting to install a 70 foot high structure to place a flag at the top. This would replace the existing 35' high flag pole. This issue was discussed as part of the planned unit development for Elk River Retail Center when this project was originally approved. As part of the planned unit development, several "design" issues were considered including • extensive landscaping along Dodge and the height of the structures within s:\council\cu97-1.doc Memo to the Mayor and City Council/CU 97-1 Page 3 March 17, 1997 the development and ways to minimize the impact upon the residential area • to the east. From a planning and building code standpoint, the pole is considered a "structure". Therefore, a building permit will need to be applied for and reviewed in terms of its structural integrity, wind load standards and other building issues. The maximum height for structures in the highway commercial zone is 45 feet. The City Attorney has advised me this mater is not a legal issue. The city has no obligation to approve a 70 foot structure. Furthermore, this is not a sign issue. The sign ordinance specifically does not regulate "flags of any nation". However, it is a structure height issue similar to buildings, communication towers, signs, water towers, etc. It is also related to the "urban design" of Highway 169 and the "planned" approach to developing this corridor. To give the Council an idea or a comparison, the water tower along Highway 169 and the Perkins site are at a similar ground elevation. The water tower is approximately 95 feet. The proposed structure would be 70 feet. Planning Commission Recommendation • The Planning Commission recommended approving the restaurant and parking lot expansion as proposed. However, the Commission voted 4-3 to deny the request to install a 70 foot structure (flagpole). Recommendation It is recommended the City Council approve the conditional use permit request by Pinnacle Foods LP to amend the planned unit development and expand the Perkins Restaurant facility by adding an additional 48 seats and expanding the parking lot, with the following conditions: 1. ALL OF THE EXISTING LANDSCAPING DISTURBED AS PART OF THE CONSTRUCTION BE RELOCATED AND REPLACED. 2. AWNINGS ALONG THE NORTH SIDE OF THE PROPOSED WALL NOT PROJECT INTO THE DRIVE AISLE. 3. ANY PARKING LOT EXPANSIONS REQUIRE SUBMITTAL OF A SITE PLAN IDENTIFYING THE SPECIFIC IMPROVEMENTS TO BE MADE. 4. THE NEW PARKING LOT EXPANSION BE DONE ONLY AFTER AN EXEMPTION TO THE SUBDIVISION ORDINANCE HAS BEEN COMPLETED WHICH WILL • RELOCATE THE EXISTING LOT LINE, ALLOWING PERKINS TO PURCHASE ADDITIONAL PROPERTY. s:\council\cu97-1.doc Memo to the Mayor and City Council/CU 97-1 Page 4 March 17, 1997 • 5. THE PARKING LOT IMPROVEMENTS MEET ALL OF THE CITY'S PERFORMANCE STANDARDS SUCH AS CURB AND BITUMINOUS SURFACING. Staff would support the Planning Commission's recommendation to deny Pinnacle Foods, LP.'s request to install a 70 ft. high structure (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. As a guideline to approving the 35 foot high flagpole, the maximum sign height in the C3 (Highway Commercial) District was referenced. 4. Given the location of the Elk River Retail Center PUD and its elevation above the highway and proximity to the residential, height 411 restrictions and other measures to minimize the impact to the residential area were taken into consideration as part of the planned unit development. 5. There are no substantial changes in the conditions of the site which warrant amending previous action by the Planning Commission and City Council • s:\council\cu97-1.doc City Council Minutes March 17, 1997 • Page 9 r . 9. NO PARKING SIGNS SHALL BE INSTALLED ALONG FREEPORT. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.5. Conditional Use Permit Request by Pinnacle Foods LP [Perkins Restaurant), Public Hearing Case No. CU 97-1 City Planner Steve Ach indicated that Pinnacle Foods, L.P. is requesting a conditional use permit for an amendment to their planned unit development for site plan review to expand the Perkins Family Restaurant, to install a 70 foot high structure (flagpole), and to expand their parking facility. Steve Ach presented the staff report on this issue. Steve Ach indicated that the Planning Commission voted 4-3 to deny the request for the 70 foot flagpole. He indicated that the flagpole structure is the issue, not the flag. Mayor Duitsman opened the public hearing. Jim Church - 19318 Baldwin St. indicated that he was in favor of allowing the 70 foot flag pole. Arlon Fuchs indicated he was opposed to allowing the 70 foot flag pole as he felt the flag was used as a means of advertising. • Judy Gesch indicated that she was in favor of allowing the 70 foot flag pole and stated that she never associated the American Flag with Perkins. Denny Chuba - 10451 175th Ave indicated he was in favor of approving the 70 flag pole. Dan Smith, owner of Perkins Family Restaurant submitted a petition to the Council with 1,433 signatures indicating support of the 70 foot flag pole. Mr. Smith spoke to the issue of denial of free speech and expression. He also spoke about the lack of city restrictions on other structures. Eleanor Todahl, Angel Ridge Apartments indicated her support of the 70 foot flag pole. Planning Commission representative Judy Thompson indicated that the Planning Commission voted to approve the expansion and increase in parking. She indicated that the Planning Commission voted to deny the increase in height of the flag pole as the Planning Commission felt the flag was used as a means of advertisement. There being no further comments, Mayor Duitsman closed the public hearing. Mayor Duitsman indicated his support of the expansion and increase in parking but felt the flag was a means of advertising and should be restricted to the height • as stated in the original CUP. City Council Minutes March 17, 1997 Page 10 Councilmember Farber stated that it is not the flag that draws him to Perkins and he does not feel it is a source of marketing. He indicated he is in favor of the 70 foot flag pole. Councilmember Holmgren stated that the Perkins site already sits 20 feet above the highway and can be clearly seen from the road. He indicated that he could support a 50 foot pole but not 70 feet as it would put the flag 90 feet above the intersection. Councilmember Thompson indicated that he agrees with Councilmember Farber in that he does not feel the flag is a representation of advertisement for Perkins. Councilmember Dietz concurred with Mayor Duitsman and indicated his opposition to raising the height of the pole to 70 feet. The City Attorney indicated that the city is under no legal obligation to allow the increase in the pole height. He stated that the right to fly the flag is not being regulated. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUESTED BY PINNACLE FOODS LP TO AMEND THE PLANNED UNIT DEVELOPMENT AND EXPAND THE PERKINS RESTAURANT FACILITY BY ADDING AN ADDITIONAL 48 SEATS AND EXPANDING THE PARKING LOT WITH THE FOLLOWING CONDITIONS: • 1. ALL OF THE EXISTING LANDSCAPING DISTURBED AS PART OF THE CONSTRUCTION BE RELOCATED AND REPLACED. 2. AWNINGS ALONG THE NORTH SIDE OF THE PROPOSED WALL NOT PROJECT INTO THE DRIVE AISLE. 3. ANY PARKING LOT EXPANSIONS REQUIRE SUBMITTAL OF A SITE PLAN IDENTIFYING THE SPECIFIC IMPROVEMENTS TO BE MADE. 4. THE NEW PARKING LOT EXPANSION BE DONE ONLY AFTER AN EXEMPTION TO THE SUBDIVISION ORDINANCE HAS BEEN COMPLETED WHICH WILL RELOCATE THE EXISTING LOT LINE, ALLOWING PERKINS TO PURCHASE ADDITIONAL PROPERTY. 5. THE PARKING LOT IMPROVEMENTS MEET ALL OF THE CITY'S PERFORMANCE STANDARDS SUCH AS CURB AND BITUMINOUS SURFACING. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. COUNCILMEMBER HOLMGREN MOVED TO DENY PINNACLE FOODS, LP'S REQUEST TO INSTALL A 70 FOOT HIGH STRUCTURE (FLAGPOLE) BUT TO ALLOW A 50 FOOT HIGH STRUCTURE (FLAGPOLE) BASED ON THE FACT THAT CUB FOODS HAS INSTALLED A 50 FOOT FLAG POLE. THE MOTION TO DENY THE 70 FOOT STRUCTURE IS BASED ON THE FOLLOWING: • City Council Minutes March 17, 1997 Page 11 III + 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. AS A GUIDELINE TO APPROVING THE 35 FOOT HIGH FLAGPOLE, THE MAXIMUM SIGN HEIGHT IN THE C3 (HIGHWAY COMMERCIAL) DISTRICT WAS REFERENCED. 4. GIVEN THE LOCATION OF THE ELK RIVER RETAIL 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. 5. THERE ARE NO SUBSTANTIAL CHANGES IN THE CONDITIONS OF THE SITE WHICH WARRANT AMENDING PREVIOUS ACTION BY THE PLANNING COMMISSION AND CITY COUNCIL COUNCILMEMBER DIETZ SECONDED THE MOTION. 111 Councilmember Farber stated that the petition with over 1,000 signatures is a loud declaration of what the people feel and indicated that he does not want to see a compromise. THE MOTION CARRIED 3-2. COUNCILMEMBER THOMPSON AND COUNCILMEMBER FARBER OPPOSED. 1.`......... 6.6. Derrick Investment Request to Amend PUD to Allow a Townhouse Proiect with no Residency Restrictions P 96-9 City Planner Steve Ach indicated Derrick Investment has made a request to amend the PUD agreement for the Cottages of Elk River eliminating the 55 year residency requirements. Steve Ach stated that the developer has requested to table this item until April 21 so as to have more time to review the options. Mayor Duitsman opened the public hearing. Mayor Duitsman stated that the Council will take no action on the request until the neighboring residents are notified. Judy Gesch - 191st Ave. -requested the Council to think about the increased density of traffic and people if the age restriction is lifted. COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THIS ISSUE UNTIL APRIL 21, • 1997 AT 6 PM AT THE ELK RIVER CITY HALL. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 5-0. • I • • • • Planning Commission Minutes February 25, 1997 Page 8 . THE LARGER OVERSTORY TREES AND CONIFERS THAT ARE PROPOSED WITHIN THE 30 FOOT EASEMENT ALONG THE EAST SIDE OF THE PROPERTY SHOULD BE RELOCATED SOMEWHERE ELSE ON SITE. 4. IT IS RECOMMENDED THAT THREE OF THE OVERSTORY TREES ALONG THE EAST SIDE COULD BE RELOCATED ALONG THE FREEPORT AVENUE SIDE OF THE SITE. 5. NO PARKING LOT LIGHTING SHOULD OCCUR WITHIN THE 30 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE EAST SIDE OF THE PROPERTY. LIGHTING WITHIN THIS AREA WILL NOT ONLY BE WITHIN THE DRAINAGE EASEMENT, BUT ALSO TOO CLOSE TO THE OVERHEAD POWERLINES ALONG HIGHWAY 169. 6. THE FINAL SET OF PLANS WILL NEED TO SHOW THE CONSTRUCTION LIMITS ALONG THE NORTH SIDE OF THE PROPERTY. THIS MAY HAVE TO INCLUDE EXPANDING THE PARKING LOT SLIGHTLY ONTO LOT 4, BLOCK 1 TO AVOID ANY EROSION WHICH MAY TAKE PLACE BETWEEN THE TIME THAT APPLEBEE'S RESTAURANT IS COMPLETED AND THE ULTIMATE DEVELOPMENT OF THE FINAL LOT TO THE NORTH. 7. ALL LANDSCAPE MATERIAL MUST MEET THE MINIMUM SIZE REQUIREMENTS AS SET FORTH IN THE ZONING ORDINANCE. 8. A MONUMENT STYLE SIGN WITH A MAXIMUM HEIGHT OF TEN FEET AND SIGN AREA OF 100 SQUARE FEET BE ALLOWED. • 9. NO PARKING SIGNS SHALL BE INSTALLED ALONG FREEPORT. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6.4. Pinnacle Foods (Perkins) Request for Conditional Use Permit, Public Hearing Case No. CU 97-1 Staff report by Steve Ach. Pinnacle Foods, L.P. is requesting a conditional use permit for site plan review to expand the Perkins Family Restaurant and Bakery, . Perkins is located within the Elk River Retail Center Planned Unit Development, at the northeast corner of Elk Hills Drive and Highway 169. The addition will provide an additional 48 seats, bringing the total to 192 seats. In addition, Pinnacle Foods, L.P. requests installing a 70 foot high flagpole to replace their existing 35 foot high flag. Mr. Smith of Perkins is also requesting approval to construct an additional parking area, if a parking problem arises in the future. Chair Anderson opened the public hearing. Arlon Fuchs, 266 Elk Hills Drive, indicated he did not object to the proposed expansion of the Perkins Restaurant, but requested the Planning Commission deny the request for the 70 foot high flagpole. He felt 70 feet is too high and felt the flapping of the buckles could become a problem. Dan Smith, owner of the Perkins Restaurant at 18833 Dodge Street, explained he has received hundreds of comments and questions from customers as to why • they have such a small flag at the Elk River location. Mr. Smith provided pictures • • 4 a • Planning Commission Minutes February 25, 1997 Page 9 • of other structures which were approved by the city that are much higher than the requested 70 ft. flagpole, such as communication towers. Mr. Smith provided information from a Florida federal court case which granted a car dealership to display 23 flags. Chair Anderson asked City Attorney Peter Beck whether or not the city would be violating the restaurant owner's rights for freedom of speech in denying the request. The City Attorney stated the Planning Commission is not denying the display of a flag; rather, restricting the height. Chair Anderson closed the public hearing. CHAIR ANDERSON MOVED THE PLANNING COMMISSION RECOMMENDED DENIAL THE REQUEST BY PINNACLE FOODS, L.P. FOR A 70 FOOT HIGH FLAGPOLE TO REPLACE THE EXISTING 35 FOOT HIGH FLAGPOLE. COMMISSIONER MINTON SECONDED THE MOTION. Commissioner Mesich indicated he felt that in accepting a Perkins Restaurant in the city, the city should accept their request for a large flag, since it is a well- known tradition of the Perkins Restaurants. He did not feel the city's ordinance addresses flags as signage. Also, the neighbors were notified of the request and only one resident has expressed an objection. Commissioner Sullivan expressed her agreement with Commissioner Mesich. THE MOTION CARRIED 4-3. CHAIR ANDERSON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL • OF THE REQUEST BY PINNACLE FOODS, L.P. FOR A CONDITIONAL USE PERMIT TO EXPAND THE PERKINS FAMILY RESTAURANT AND BAKERY. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. 6.5. Derrick Investment Request for Amendment to PUD Agreement, Public Hearing Hearing Case No. CU 96-19 Staff report by Steve Ach. Derrick Investment is requesting an amendment to the planned unit development for the Cottages of Elk River, eliminating the residency requirement of the project's intent to be a housing development for active adults 55 and older. Roger Derrick, developer of the project, stated market research of their recent other developments in Eagan, Rochester and Albert Lee has indicated the need to open residency of the townhome project to all ages. Mr. Derrick explained the research firm has suggested either eliminating the age restriction or, eliminate the clubhouse. When surveying potential buyers, the majority favored eliminating the 55 years and older restriction and keeping the clubhouse. Mr. Derrick stated if the age restriction were removed, he could not legally turn away people with children. He noted the development would not cater to families and there would be no play area. Mr. Derrick also felt the parking issue could be addressed. Chair Anderson opened the public hearing. Ellie Kretsch, 11865 193rd Avenue, expressed her disappointment with Mr. Derrick, • stating the residents had worked hard with him to resolve issues which were based on the fact the development would be for residents 55 years and older. • • 6 al 0