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4.3. PCSR 06-27-2023 Request for Action To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings June 27, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Springfield Sign on behalf of Culver’s Restaurant, Zack Carlton, Community Development Director 19475 Evans St. NW Reviewed by  Conditional Use Permit Amending the Planned Unit Development Agreement to allow a 45 sq. ft. menu board, Case No. CU 23-12 Action Requested Recommend, by motion, approval of the Conditional Use Permit, amending the Planned Unit Development agreement, as the standards set forth in Section 30-654 have been satisfied. Background/Discussion The property is zoned Planned Unit Development (PUD) where amendments to PUD agreements require a Conditional Use Permit (CUP). Currently the PUD agreement allows a maximum of 32 sq. ft. of menu board per drive land lane, and 20 sq. ft. of pre-order board per drive lane, which is what the C3 Highway Commercial district allows. The applicant is seeking a CUP to amend the PUD agreement signage regulations to allow 45 sq. ft. of drive-up menu boards per lane. Culver’s Franchising Systems (CFS) provides a Brand Standard menu board (MB-DT-46) for all its locations nationwide and the proposed amendment will satisfy that standard. Applicable Regulations In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. Allowing the proposed sign size will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience, or general welfare of the neighborhood or the city. Staff do not see a need to impose specific conditions to satisfy this standard. 2. Will be consistent with the comprehensive plan. The property is guided as Highway Business. The highway business category primarily consists of a mix of auto-oriented retail and service businesses, restaurants, and community and regional-scale shopping centers. Highway business uses are located along Highway 169 and Highway 10 and have high visibility from these corridors. The use will be consistent with the comprehensive plan. Staff do not see a need to impose specific conditions to satisfy this standard. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. The surrounding area is fully developed. The use will not impede the normal and orderly development and improvement of surrounding vacant property. Staff do not see a need to impose specific conditions to satisfy this standard. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The use will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. Staff do not see a need to impose specific conditions to satisfy this standard. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. The use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust, or vibrations. Staff do not see a need to impose specific conditions to satisfy this standard. 6. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. The proposed signage will be installed in a location that has previously been developed. The use will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Staff do not see a need to impose specific conditions to satisfy this standard. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff do not see a need to impose specific conditions to satisfy this standard. 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. Financial Impact None Mission/Policy/Goal  Responsibly grow  Meet changing needs - Agile Attachments  Location Map  Applicant’s Narrative  Sign Plans RCF Holdings, LLC - Culver's Restaurant Conditional Use Permit � ..,, n, 7 5-861..0105 '� n 1 1 n Case No: CU 23-12 � El�River Culver’s of Elk River, MN 13065 Orono Parkway Elk River, MN 55330 Amendment- Responses Proposed Changes We are seeking conditional use approval for an additional menu board to be placed in a double drive-thru lane with the sign area of 45 sq. ft. that would be tailored to the specific needs to provide current consumer education to Culver’s extensive menu. Culver’s Franchising Systems (CFS) provides a Brand Standard menu board (MB-DT-46) for all its locations nationwide. Per code; Menu Boards: No more than thirty-two (32) square feet in sign area for each sign. Unnecessary hardships include: 1) Incompatibility with the Culver’s Franchise System Brand Standards; 2) Limitation of the displayed point of purchase (menu) information; 3) It limits the distribution and display of system wide information; 4) affects the efficient operation of the drive thru. Culver’s offers so much more than just burgers that customers will not be able to easily view the entirety of Culver’s extensive menu. Deleted products, or information about them, will result from any reduction in the size of the Brand Standard Menu Board. Incomplete product identification carries through to education of the consumer, which can translate to longer times in the drive thru and potential traffic congestion. Culver's offers so much more than just burgers that customers will not be able to easily view the entirety of Culver's extensive menu. Granting approval will improve consumer product education, while enhancing movement in an efficient clean clutter free drive thru, improving the implementation of signage with respect to the intent of Menu Boards. Providing incomplete product identification affects the efficient operation of the drive-thru. Consumers and tourists will not be able to easily view the entirety of Culver’s extensive menu, which will cause delays in the operation of the drive-thru, potential congestion and create traffic hazards due to more time spent per order due to questions, lack of clarity, etc. The granting of this use will not adversely affect the public's health, safety, morals, prosperity, or general welfare in which this property is located. The granting of the conditional use will not adversely affect the rights of adjacent landowners or residents. The proposed request will not impair an adequate supply of light and air to the adjacent property, or substantially increase the congestion of the public streets. Or increase the danger of fire, or endanger the public safety, or substantially diminish or impair the property values within the neighborhood. Granting this request will improve community appearance, and present better consumer product education. Our request is harmonious to the overall intent of the sign r LAYOUTPROCEED. *DIMENSION MEASUREMENTDEVIATION ALLOWED(TOLERANCE)+/- 2" MAXIMUMD2+/- 2" MAXIMUMD3+/- 2" MAXIMUMD4+/- 1" MAXIMUMD5+/- 2" MAXIMUMNOTE: ANY DEVIATION GREATER THAN TOLERANCES GIVENIN THE TABLE MUST BE APPROVED BYSPRINGFIELD SIGN & NEON IN WRITING. SSN WILLSEEK OUT C.F.S.I. APPROVAL FOR CHANGE. MENU BOARD FOOTING TO BE LOCATED PERG.C./SURVEYOR OF RECORD, BALANCE OFFOOTINGS SIMILARLY LOCATED OR PER THE D1-D6TABLE GIVEN. EITHER METHOD MUST CONFIRMTOLERANCES AND DIMENSIONS ABOVE.LAYOUT SEQUENCEVERIFY GENERAL FIELD (AS-BUILT) CONDITIONSTO MATCH PROVIDED DRAWINGS. DON'TGUESS-CALL WITH ANY QUESTIONS. -LOCATE THE CENTER POINT OF THE PRIMARY MENU BOARD FOOTING WITH DIMENSIONS D2 & D3 -USE DIMENSIONS D1 & D5 TO POSITION THEOTHER FOOTING, (CANOPY) RELATIVE TO THE MENU BOARD FOOTING -ROTATE THE PLACEMENT (USING D1 & D5) AROUNDTHE MENU BOARD FOOTING UNTIL DIMENSIONS D4 & D6ARE CONFIRMED. ALL POINTS SHOULD BE STAKEDAND READY TO LAY OUT.NOTE: SURVEYOR/G.C. OF RECORD SHALL STAKE ALLFOOTING CENTER LOCATIONS. IF THIS CANNOT BEDONE, USE LAYOUT SEQUENCE GIVEN BELOW. WITH EITHER METHOD, EITHER BY SURVEYOR ORLAYOUT SEQUENCE, THE DIMENSIONS WITHABOVE STATED TOLERANCES MUST BECONFIRMED BY SIGN INSTALLER. ANY DEVIATIONSMUST BE PRESENTED TO SPRINGFIELD SIGN &NEON IN WRITING, SPRINGFIELD SIGN & NEON WILLRESOLVE THE CONFLICT SO THAT INSTALLER CAN2'-11 516"6'-2 116"D111'-8 78"3 12"9'-0 116"3 12"D6+/- 2" MAXIMUM1 OF 6SCALE 1" = 10'CLHDrawn By: MWReviewed By: Date: 5-1-23 DRIVE THROUGH/MENU BOARD LAYOUT CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 4825 E. Kearney Springfield, MO 65803 (417) 862-2454 SPRINGFIELD SIGN LOCATION: Sheet Number: Project No.: 44514 ELK RIVER, MN.EXISTINGBUILDING9'-10 3 8"6'-4 516"9'-6"5'-4"D1D2D5D6D4D32'2'MENU BOARD(MB-DT-46)VEHICLE HEIGHTDETECTOR(VHD-1)DRIVE THRUCANOPY SYSTEM(DTC-1)N 2 OF 6SCALE 1" = 10'CLHDrawn By: MWReviewed By: Date: 5-1-23 DRIVE THROUGH/MENU BOARD LAYOUT CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 4825 E. Kearney Springfield, MO 65803 (417) 862-2454 SPRINGFIELD SIGN LOCATION: Sheet Number: Project No.: 44514 ELK RIVER, MN.EXISTINGBUILDING9'-10 3 8"6'-4 516"9'-6"5'-4"2'MENU BOARD(MB-DT-46)VEHICLE HEIGHTDETECTOR(VHD-1)DRIVE THRUCANOPY SYSTEM(DTC-1)N11"7'-178"2'-212"338" 3 OF 6SCALE 1" = 10'CLHDrawn By: MWReviewed By: Date: 5-1-23 DRIVE THROUGH/MENU BOARD VIEWING ANGLE CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 4825 E. Kearney Springfield, MO 65803 (417) 862-2454 SPRINGFIELD SIGN LOCATION: Sheet Number: Project No.: 44514 ELK RIVER, MN.EXISTINGBUILDING9'-5 9 16"5'-4 18"9'-6"5'-4"2'MENU BOARD(MB-DT-46)VEHICLE HEIGHTDETECTOR(VHD-1)DRIVE THRUCANOPY SYSTEM(DTC-1)N11"7'-178"2'-212"9"2' LAYOUTPROCEED. *DIMENSION MEASUREMENTDEVIATION ALLOWED(TOLERANCE)+/- 2" MAXIMUMD2+/- 2" MAXIMUMD3+/- 2" MAXIMUMD4+/- 1" MAXIMUMD5+/- 2" MAXIMUMNOTE: ANY DEVIATION GREATER THAN TOLERANCES GIVENIN THE TABLE MUST BE APPROVED BYSPRINGFIELD SIGN & NEON IN WRITING. SSN WILLSEEK OUT C.F.S.I. APPROVAL FOR CHANGE. MENU BOARD FOOTING TO BE LOCATED PERG.C./SURVEYOR OF RECORD, BALANCE OFFOOTINGS SIMILARLY LOCATED OR PER THE D1-D6TABLE GIVEN. EITHER METHOD MUST CONFIRMTOLERANCES AND DIMENSIONS ABOVE.LAYOUT SEQUENCEVERIFY GENERAL FIELD (AS-BUILT) CONDITIONSTO MATCH PROVIDED DRAWINGS. DON'TGUESS-CALL WITH ANY QUESTIONS. -LOCATE THE CENTER POINT OF THE PRIMARY MENU BOARD FOOTING WITH DIMENSIONS D2 & D3 -USE DIMENSIONS D1 & D5 TO POSITION THEOTHER FOOTING, (CANOPY) RELATIVE TO THE MENU BOARD FOOTING -ROTATE THE PLACEMENT (USING D1 & D5) AROUNDTHE MENU BOARD FOOTING UNTIL DIMENSIONS D4 & D6ARE CONFIRMED. ALL POINTS SHOULD BE STAKEDAND READY TO LAY OUT.NOTE: SURVEYOR/G.C. OF RECORD SHALL STAKE ALLFOOTING CENTER LOCATIONS. IF THIS CANNOT BEDONE, USE LAYOUT SEQUENCE GIVEN BELOW. WITH EITHER METHOD, EITHER BY SURVEYOR ORLAYOUT SEQUENCE, THE DIMENSIONS WITHABOVE STATED TOLERANCES MUST BECONFIRMED BY SIGN INSTALLER. ANY DEVIATIONSMUST BE PRESENTED TO SPRINGFIELD SIGN &NEON IN WRITING, SPRINGFIELD SIGN & NEON WILLRESOLVE THE CONFLICT SO THAT INSTALLER CAN3'-4 38"4'-8 58"D111'-8 78"3 12"7'-7 78"3 12"D6+/- 2" MAXIMUM4 OF 6SCALE 1" = 10'CLHDrawn By: MWReviewed By: Date: 5-1-23 DRIVE THROUGH/MENU BOARD LAYOUT CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 4825 E. Kearney Springfield, MO 65803 (417) 862-2454 SPRINGFIELD SIGN LOCATION: Sheet Number: Project No.: 44514 ELK RIVER, MN.NEXISTINGBUILDING9'-6"5'-4"D1D5D6D4D2D3MENU BOARD(MB-DT-46)ORDERCONFIRMATIONSYSTEM BYOTHERS9'-10 3 8"6'-4 516" 5 OF 6SCALE 1" = 10'CLHDrawn By: MWReviewed By: Date: 5-1-23 DRIVE THROUGH/MENU BOARD LAYOUT CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 4825 E. Kearney Springfield, MO 65803 (417) 862-2454 SPRINGFIELD SIGN LOCATION: Sheet Number: Project No.: 44514 ELK RIVER, MN.NEXISTINGBUILDINGMENU BOARD(MB-DT-46)ORDERCONFIRMATIONSYSTEM BYOTHERS11"4'-71316"8"538"9'-10 3 8"6'-4 516" 6 OF 6SCALE 1" = 10'CLHDrawn By: MWReviewed By: Date: 5-1-23 DRIVE THROUGH/MENU BOARD VIEWING ANGLE CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 4825 E. Kearney Springfield, MO 65803 (417) 862-2454 SPRINGFIELD SIGN LOCATION: Sheet Number: Project No.: 44514 ELK RIVER, MN.NEXISTINGBUILDING9'-6"5'-4"MENU BOARD(MB-DT-46)ORDERCONFIRMATIONSYSTEM BYOTHERS11"4'-71316"538"9"9'-5 9 16"5'-4 18" MB-DT-46 MB-DT-46 EXTERIOR MENU BOARD POPP-Out Standard Menu Board for Drive- Thru Lane LED Internal Illumination POP Graphic panels must be purchased separately POPP-Out magnet access panels included for easy in & out of POP panels “-CS” option for 160mph coastal wind standards available Locking rear access doors (4) Blue Outdoor Drive-Thru Menu Board SCALE: 3/8” = 1’*SCALE AND COLORS NOT REPRESENTATIVE FROM EMAIL ATTACHMENTS *ALL MEASUREMENTS ARE APPROXIMATE REAR A - INSIDE BACK OF MENU BOARD FACE (ONLY ONE PANEL SHOWN FOR CLARITY) B - FRONT PANEL IS ANTI-GLARE (CLEAR) FOR INCREASED VISIBILITY C - POP PANEL - PRODUCT GRAPHIC D - REAR PANEL FITTED WITH POPP-Out PANEL E - SUPPORTING “TIP TRAY” FOR PANELS (SELF ALIGNING) F - POPP-Out TAB HANDLE G - PAIRED MAGNETIC “LATCH” (MAGNETS EMBEDDED IN POP-Out PANEL & BACK OF MENU BOARD) PANEL BEING REMOVED INTERIOR VIEW OF MENU BOARD A B C D E F Point Of Purchase Panel System 8’- 10-1/4”5’- 2-3/4”6’- 0”PANEL IN PLACE F G This drawing is Copyrighted material, it remains the property of Springfield Sign unless otherwise agreed upon in writing. It is unlawful to use this drawing for bidding purposes, nor can it be reproduces, copied or used in the production of a sign without written permission from Springfield Sign & Graphics. T h i s i s a n a r t i s t i c r e n d i t i o n a n d f i n a l c o l o r s / s i z e s m a y v a r y f r o m t h a t d e p i c t e d h e r e i n . 2020 Springfield Sign & Graphics Inc., Springfield Sign DATE CREATED / REVISION HISTORY SALES PERSON:AO:DESIGNED BY: FRONT 8’- 10-1/4”5’- 2-3/4”6’- 0”PANEL 1 16.50” X 64.50” 7.39 SF PANEL 2 10.50 x 11.50” 0.83 SF PANEL 17 13.00” X 15.00” 1.35 SF PANEL 18 10.5 X 15.00” 1.09 SF PANEL 20 15.00” X 16.00” 1.67 SF PANEL 21 15.00” X 15.00” 1.56 SF PANEL 7 10.50 x 11.50” 0.83 SF PANEL 12 10.50 x 11.50” 0.83 SF PANEL 3 10.50 x 11.50” 0.83 SF PANEL 8 10.50 x 11.50” 0.83 SF PANEL 13 10.50 x 11.50” 0.83 SF PANEL 4 10.50 x 11.50” 0.83 SF PANEL 9 10.50 x 11.50” 0.83 SF PANEL 14 10.50 x 11.50” 0.83 SF PANEL 5 10.50 x 11.50” 0.83 SF PANEL 10 10.50 x 11.50” 0.83 SF PANEL 15 10.50 x 11.50” 0.83 SF PANEL 6 10.50 x 11.50” 0.83 SF PANEL 11 10.50 x 11.50” 0.83 SF PANEL 16 10.50 x 11.50” 0.83 SF PANEL 22 10.50” X 15.00” 1.09 SF PANEL 23 13.50” X 15.00” 1.41 SF PANEL 24 13.00” X 15.00” 1.35F PANEL 19 10.5 X 15.00” 1.09 SF PANELS INDIVIDUAL V.O. TOTAL = 30 SQ. FT. SCALE 34" = 1'CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 SPRINGFIELD SIGN 4825 E. Kearney St. Springfield, MO 65803 (417) 862-2454 MB-DT-BASE MAIN MENU BOARD FRONT VIEWSheet Number: 1 OF 5 Project Number: Drawn By: Reviewed By: Date: CLH MW 4-16-21 LOCATION: CULVER'S CULVER'S SCALE 34" = 1'CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 MB-DT-BASE MAIN MENU BOARD SIDE VIEWSheet Number: 2 OF 5 Project Number: Drawn By: Reviewed By: Date: CLH MW SPRINGFIELD SIGN 4825 E. Kearney St. Springfield, MO 65803 (417) 862-2454 4-16-21 LOCATION: CULVER'S CULVER'S SCALE 1 12" = 1'CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 MB-DT-BASE MAIN MENU BOARD TOP VIEWSheet Number: 3 OF 5 Project Number: Drawn By: Reviewed By: Date: CLH MW SPRINGFIELD SIGN 4825 E. Kearney St. Springfield, MO 65803 (417) 862-2454 4-16-21 CULVER'S LOCATION:LOCATION: CULVER'S SPRINGFIELD SIGN 4825 E. Kearney St. Springfield, MO 65803 (417) 862-2454 CULVER FRANCHISING SYSTEM, INC. Sheet Number: Project Number: Drawn By: Reviewed By: Date: CLH MW Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 DRIVE-THROUGH/MAIN MENU BOARD SIGN BASE DETAIL A4 OF 5 4-16-21 CULVER'S LOCATION:LOCATION:SCALE 1 12" = 1'CULVER'S CULVER FRANCHISING SYSTEM, INC.Client: Culver Franchising System, Inc. 540 Water Street Prairie du Sac, WI 53578 p (608) 643-7980 DRIVE-THROUGH/MAIN MENU BOARD BASE MOUNTING PLATES SIGN BASE-DETAILSheet Number: 5 OF 5 Project Number: Drawn By: Reviewed By: Date: CLH MW SPRINGFIELD SIGN 4825 E. Kearney St. Springfield, MO 65803 (417) 862-2454 4-16-21 CULVER'S LOCATION:LOCATION:SCALE 1 12" = 1'CULVER'S HA 21016 MWSCALE 38" = 1'1 OF 1 2-20-20 4825 E. Kearney St. Springfield, MO 65803 (417) 862-2454Sheet Number: SPRINGFIELD SIGN Project Number: Drawn By: Reviewed By: Date: CULVER FRANCHISING SYSTEM,INC. CANOPY AND ORDER CONFIRMATION SYSTEM-DTC-2 MOORESVILLE, NC LOCATION: