5.4. SR 11-17-2008~//
Elk REQUEST FOR ACTION
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River
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Council
nda Section
5.4.
Number
Meeting Date I rreparea oy
,nment November 17, 2008 Chris Leeseberg, Paxk Planner-Planner
Item Description
Request by FEC Holdings, LLC for Conditional Use Permit for
Restaurant (Country Crossing Business Center),
Case No. CU 08-25 -Public Hearing
Barnhart,
nred by
Action Requested
Staff and the Planning Commission recommend the City Council approve the Conditional Use Permit
request, as illustrated on drawings dated 11/10/08, with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
2. A sign permit will be required for each exterior sign.
3. Only two (2) wall signs shall be allowed.
4. All comments of the Fire Chief memo dated November 5, 2008 shall be addressed.
Summary
The applicant is proposing to operate a restaurant capable of seating up to ~0 people in addition to oxder-
carryout options. Class II restaurants are listed as a Conditional Use Permit in the C3 zoning district.
Plannin__~ Commission Discussion
The one question the Planning Commission had asked was if there was a freestanding sign on the site and
if that was counted as one of the three allowed. It was clarified that it is not and that the three allowed
referred to wall signs.
The Planning Commission unanimously recommended approval of the request.
Public Comment
No one spoke at the Public Hearing.
Attachments
• Staff Report to Planning Commission dated November 10, 2008
• Revised Building Plan dated 11/10/08
• Memo from Fire Chief dated November 5, 2008
n Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 08-25 FEC Holdings, LLC-Kevin Smith\CU 08-25_CC.doc
MEMORANDUM
TO: Jeremy Barnhart, Planning Manager
FROM: Bruce A. West, Fire Chief
DATE: November 5, 2008
SUBJECT: Site Plan Review Meeting of Tuesday, November 4, 2008
The site plan review committee met on Tuesday, November 4, 2008 and I would like to
make the following comments:
1. Conditional Use Permit, CU 08-25-FEC Holdings, LLC
The applicant shall talk to Fire Marshal Cliff Anderson in reference to: Fire
extinguisher placement, exit requirements, and any additional items regarding code
compliance with the International Fire Code.
If you have any other questions, please feel free to call me at the Elk River Fire
Department at 763.635.1105.
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.3
Agenda Section Meeting Date Prepared by
Plannin Items November 10, 2008 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by FEC Holdings, LLC for Conditional Use Permit for erem Barnhart, Plannin Mana er
Restaurant (Country Crossing Business Centex), Reviewed by
Case No. CU 08-25 -Public Heating
Action Requested
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit
request, as illustrated on drawings dated 11 /3/08, with the following. conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
2. A sign permit will be required for each exterior sign.
3. Only two (2) wall signs shall be allowed.
Background/Discussion
The proposed use is in an existing strip mall located in the Country Crossing Business Center subdivision.
Attachments
• Location Map
• Applicants Narrative
• Site Plan
• Restaurant Layout
Case File: CU 08-25
Page 2
General Information
FEC Holdings, LLC -Kevin Smith
Applicant FEC Holdings, LLC -Kevin Smith
60 Day Rule The City must take action by January, 2009
Requested Action Conditional Use Permit for a Restaurant
Location and Size Approximately 3.3 acres at the southwest intersection of Highway
10 and Joplin Street.
Location Existing Use Land Use Plan Designation Current Zoning
Subject Commercial Highway Business C3 Highway
Property Commercial
North Commercial Community Commercial C4 Community
Commercial
South Business Park Light Industrial BP Business Park
East Commercial Community Commercial C3 Highway
Commercial
West Vacant Highway Business C3 Highway
Commercial
Overview
The applicant is proposing to operate of a restaurant capable of seating up to 40 people but also
offers order-carryout options.
The anticipated hours of operation will be 7 days a week from 11:00 a.m. to 9:00 p.m. Depending
on the support/success of the facility, the applicant will also provide a cafe style breakfast beginning
at 6:00 a.m. and continuing until the lunch hour begins.
The number of employees is expected to be between two and four people depending upon the time
of day. Lunch and dinner hours axe expected to have the highest staffing requirements.
The applicant is proposing signage on the north and west facades of the building. The west facade
is an empty tenant space. The city ordinance allows three signs per occupancy but does not state
where they need to be located. Historically, the city has only allowed signs on the actual tenant
space. Sign permits will be required fox all exterior signage.
S:\PLANNING MAIN\Case Files\CUP\CU 08-25 FEC Holdings, LLC-Kevin Smith\CU 08-25_PC.doc
Case File: CU 08-25
Page 3
Applicable Regulations
Conditional Use Permit
FEC Holdings, LLC -Kevin Smith
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. I,Vill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate
vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the
city.
2. Will be consistent with the comprehensive plan.
3. 1-TIill not imj~ede the normal and orderly development and improvement of surrounding vacantproperty.
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, seater and server systems, parks and schools; and
sa~ill not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public
thoroughfares.
5. Weill not involve uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons or propery because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
6. Weill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. Weill fully comply zvith 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.
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.
Comprehensive Plan
The Highway Business land use is the most intensive form of commercial development in Elk River.
Businesses in this category may be the largest both in terms of size and traffic generation. 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. The proposed use meets these requirements.
Parking
Class II restaurant parking requirements axe one parking space for each 40 square feet of indoor or
outdoor customer area, but not less than six spaces, plus room to stack a minimum of five vehicles
per drive-through lane. There is approximately 520 square feet of customer area which would
require 13 parking stalls. The overall parking (92 stalls) was taken into when the existing project was
built and there appears to be sufficient area for the proposed use. There is adequate vehicular
circulation in and around the site. There will be no drive thru use for the proposal.
Utilities
The subject property is connected to city services.
S:\PLANNING MAIN\Case Files\CUP\CU 08-25 FEC Holdings, LLC-Kevin Smith\CU 08-25_PC.doc
Case File: CU 08-25
Page 4
FEC Holdings, LLC -Kevin Smith
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 08-25 FEC Holdings, LLC-Kevin Smith\CU 08-25_PC.doc
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Description of Project Narrative
Reconfigure the demised leasehold space consisting of approximately 1,200
sq' and measuring approximately 60'x20' at 13489 Hiway 10, Elk River,
MN, so that it will accomodate the operation of afast-casual restaurant
capable of seating up to 40 people and which complies with the ordinances
of the City of Elk River and State Health Department.
The anticipated hours of operation will be 7 days per week from 11:00
o'clock a.m. to 9:00 o'clock p.m. There is an interest in serving a cafe style
breakfast beginning at 6:OOa.m. and continuing until the lunch hour begins.
This would come at a later time provided there is the appropriate support.
Staff demands are expected to be between two and four persons depending
upon the time of day. Lunch and dinner hours are expected to have the
highest staffing requirements.
The building materials and interior finishes will remain largely in tact. New
paint and wall coverings will freshen the appearance of the customer seating
area. There will be the need to add one additional handicap accessible
restroom to the space. All surface finishes throughout will comply with
code requirements.
Signs on the North .and West facias of the building will be installed. They
will be illuminated lenses with pan style bodies to house the lighting
apparatus. The size and placement of the signs will comply with the city
sign ordinance.
There will be no outside storage, thus, no screening will be necessary.
I'm advised by the owner that there are 92 general parking stalls on location
at the strip center. It is anticipated that the available parking lot will easily
accomodate the added demand for the restaurant.
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