6.2. SR 07-20-2009~i_
Elk REQUEST FOR ACTION
R vPr`r4
To Item Number
Ci Council 6.2.
Agenda Section Meeting Date Prepared by
Communi Develo ment ul 20, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by Daniel O'Bresky -Elk River Subs, Inc. fox a erem Barnhart, Plannin Mana er
Conditional Use Permit for Class II Restaurant (Subway), 13501 Reviewed by
Business Center Drive, Public Hearing -Case No. CU 09-15
Action Requested
Staff recommends the City Council approve the Conditional Use Permit request, as illustrated on
drawings dated 5/26/09, with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
required permits.
2. The building shall comply with all Building and Fire Codes..
3. Only two wall signs are allowed and permits shall be required for exterior signage.
4. A future drive-thru shall be allowed as long as it is consistent with the site plan as shown
on the drawings dated 5/26/09.
Summary
The applicant is requesting a Conditional Use Permit (CUP) to relocate an existing restaurant.
Planning Commission Discussion
Due to a lack of a quorum, the Planning Commission meeting was not held. To keep the applicants on
schedule, a special meeting has been set up for Monday July 20, 2009 prior to the City Council meeting.
Staff will provide the Planning Commission comments and recommendation during the Council meeting.
Attachments
• Staff Report to Planning Commission dated July 20, 2009
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 09-15 Subway\CU 09-IS_CC.doc
.`'+~i
City of
Elk -~-~
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.2
Agenda Section Meeting Date Prepared by
Plannin Items ul 20, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by Daniel O'Bresky -Elk River Subs, Inc. fora erem Barnhart, Plannin Mana er
Conditional Use Permit for Class II Restaurant (Subway), 13501 Reviewed by
Business Center Drive,
Public Hearin -Case No. CU 09-15
Action Requested
Staff recommends that the Planning Commission recommend approval of the Conditional Use Permit
request, as illustrated on drawings dated 5/26/09, with the following conditions:
1. As a Conditional Use Permit is not a Building Permit, the applicant shall apply for all
require permits.
2. The building shall comply with all Building and Fire Codes.
3. Only two wall signs are allowed and permits shall be required for exterior signage.
4. A future drive-thru shall be allowed as long as it is consistent with the site plan as shown
on the drawings dated 5/26/09.
5. If the restaurant should ever expand, the applicant shall apply for an amendment to their
Conditional Use Permit.
Background/Discussion
The applicant is requesting a Conditional Use Permit (CUP) to relocate an existing restaurant.
Attachments
Location Map
• Applicant's Narrative
• Site Plan
• Floor Plan
Case File: CU 09-15
Page 2
General Information
Subway
Dan O'Bxesly
Applicant Dan O'Bresky
60 Day Rule The application has been deemed complete as of June 2, 2009.
The City must take action by July 31, 2009
Requested Action Conditional Use Permit to operate a Restaurant
Location and Size Approximately 3.3 acres at the southwest corner of Highway 10
and Joplin Street.
Location Existing Use Land Use Plan Designation Current Zoning
Subject Commercial HB-Highway Business C3-Highway
Property Commercial
North Commercial CC-Community Commercial C4-Community
Commercial
South Industrial LI-Light Industrial BP- Business Park
East Commercial CC-Community Commercial C3-Highway
Commercial
West Industrial LI-Light Industrial BP- Business Park
Overview
The applicant is requesting a CUP to operate a Subway restaurant in an existing multi-tenant
building. Class I and Class II restaurants require a CUP in the C3 zoning district.
Applicable Regulations
Conditional Use Permit
The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location:
7. Will 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. LVill be consistent with the comprehensive plan.
3. iY/ill not impede the normal and orderly development and improvement of surrounding vacantproperty.
4. Wlill be served adequately by and will not adversely affect essential public facilities and services including
streets, police and fzre protection, drainage, refuse disposal, water and sewer systems, parks and schools; and
will not, in particular, create traff c congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
5. iYlill 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.
S:\PLANNING MAIN\Case Files\CUP\CU 09-15 Subway\CU 09-15_PC.doc
Case File: CU 09-IS Subway
Page 3 Dan O'Bresiy
6. 1Vill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.
7. I-Ylill fully comply with all other requirements of this Code, including any a~iplicahle 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.
Analysis
The proposed project is the relocation of the existing Subway located in the BP Convenience store
directly east of the subject property. The new Subway location would be a more traditional Subway
Restaurant with dine-in seating.
The building and site is set up for adrive-thru window, but the applicant is currently choosing not to
provide that service. However, if the drive-thru is desired in the future, the site can accommodate
the stacking of cars. It is suggested that the CUP be written to allow the Drive Through in the
future, without the need fox a revised CUP.
Access into the building will be on the north side of the building and the facility will have seating for
up to 42 customers
Tran~ortation
Access to the site is off of both Joplin Street and Business Centex Drive. The vehicular circulation
has already been reviewed and approved for the subject site. There is adequate vehicular circulation
in and around the site. The overall parking was taken into account when the existing project was
built and there appears to be sufficient area fox the proposed use. Parking will be shared with other
tenants of the shopping center.
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.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\CUP\CU 09-15 Subway\CU 09-15_PC.doc
Project Narrative for:
Sandwich Shop, 13501 Business Center Drive NE, Elk River, MN 55330
Proposed Project:
The proposed project is the relocation of the Subway restaurant which is located
in the BP Convenience store at 13374 Highway 10, Elk River, MN 55330 to at
13374 Highway 10, Elk River, MN 55330 which was previously occupied by
Beneficial Finance.
The new Subway location would be a more traditional Subway Restaurant with
dine in seating for up to 42 customers. The site currently has handicapped
accessible men's and women's restrooms but they do not meet current ADA
standards. We will be upgrading the restrooms to current ADA standards
For your reference a proposed restaurant layout is attached.
Hours of Operation
Sunday -Wednesday 9:00 a.m. - 9:00 p.m.
Thursday -Saturday 9:00 am -10:00 p.m.
Number of Employees
The total number of employees at this location will range from 8 to 10 depending
no season. The maximum number of employees on shift at any given time will be
4.
Number of parking stalls, existing and additional
Currently there are 87 regular parking stalls and 6 handicapped parking stalls. No
additional parking is planned. Attached is a site plan for your reference.
Proposed Screening of the Site.
The project will be located in a properly zoned retail shopping center. There is no
proposed changes in screening for this site.
Proposed building materials and design standards
With the exception of new signage there will be no exterior changes to the
building. As a result we are proposing no new exterior building materials and no
changes to building design.
~~=~`~-,
Signage
We will be installing 36 inch high channel neon Subway signs one where the
Beneficial sign was previously mounted and the other on the West side of our
lease space. The signs will conform to all code requirements.
Out Door Storage
We will have no outdoor storage aside from the existing trash storage unit at the
rear of the building.
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