03-17-1997 CC MIN - Laserfiche WebLink

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City Council Minutes March 17, 1997 Page 8 Judy Thompson, Planning Commission representative indicated that the Planning Commission recommended approval of the request. Mayor Duitsman opened the public hearing. There being no one for or against the matter Mayor Duitsman closed the public hearing. Steve Ach informed the Council that there are no stipulations in state law in relation to the distance a liquor establishment must be from a public facility. He further indicated that the City's ordinance also does not place any stipulations on this issue. Mayor Duitsman requested that the Planning Commission review this issue and mare a recommendation to the City Council regarding the distance of a liquor establishment from a public building. COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT REQUEST BY APPLEBEE'S NEIGHBORHOOD GRILL & BAR TO CONSTRUCT A 4, 759 SQUARE FOOT RESTAURANT AND BAR AS WELL AS OPERATING AN ON-SALE LIQUOR ESTABLISHMENT WITH THE FOLLOWING CONDITIONS: ALL OF THE COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED FEBRUARY 19, 1997 BE INCORPORATED INTO THE REVISED SET OF PLANS FOR APPROVAL. THE PROPOSED RETAINING WALL ALONG THE EAST SIDE OF THE PARKING LOT BE CONSTRUCTED OF A KEYSTONE OR SIMILAR MASONRY BLOCK. A DETAIL OF THIS RETAINING WALL SHOULD BE PROVIDED ALONG WITH THE FINAL SET OF PLANS. 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. o IT IS RECOMMENDED THAT THREE OF THE OVERSTORY TREES ALONG THE EAST SIDE COULD BE RELOCATED ALONG THE FREEPORT AVENUE SIDE OF THE SITE. 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. THE FINAL SET OF PLANS WILL N~ED 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 TA~(E PLACE BETWEEN THE TIME THAT APPLEBEES RESTAURANT IS COMPLETED AND THE ULTIMATE DEVELOPMENT OF THE FINAL LOT TO THE NORTH. ALL LANDSCAPE MATERIAL MUST MEET THE MINIMUM SIZE REQUIREMENTS AS SET FORTH IN THE ZONING ORDINANCE. A MONUMENT STYLE SIGN WITH A MAXIMUM HEIGHT OF TEN FEET AND SIGN AREA OF 100 SQUARE FEET BE ALLOWED.