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Memo to the Mayor and City Councfl/CU 97-1 Page 3 <br />March 17, 1997 <br /> <br />the development and ways to minimize the impact upon the residential area <br />to the east. <br /> <br />From a planning and building code standpoint, the pole is considered a <br />"structure". Therefore, a building permit will need to be applied for and <br />reviewed in terms of its structural integrity, wind load standards and other <br />building issues. The maximum height for structures in the highway <br />commercial zone is 45 feet. <br /> <br />The City Attorney has advised me this mater is not a legal issue. The city <br />has no obligation to approve a 70 foot structure. Furthermore, this is not a <br />sign issue. The sign ordinance specifically does not regulate "flags of any <br />nation". However, it is a structure height issue similar to buildings, <br />communication towers, signs, water towers, etc. It is also related to the <br />"urban design" of Highway 169 and the "planned" approach to developing <br />this corridor. <br /> <br />To give the Council an idea or a comparison, the water tower along Highway <br />169 and the Perkins site are at a similar ground elevation. The water tower <br />is approximately 95 feet. The proposed structure would be 70 feet. <br /> <br />Planning Commission Recommendation <br /> <br />The Planning Commission recommended approving the restaurant and <br />parking lot expansion as proposed. However, the Commission voted 4-3 to <br />deny the request to install a 70 foot structure (flagpole). <br /> <br />Recommendation <br /> <br />It is recommended the City Council approve the conditional use permit <br />request by Pinnacle Foods LP to amend the planned unit development and <br />expand the Perkins Restaurant facility by adding an additional 48 seats and <br />expanding the parking lot, with the following conditions: <br /> <br />ALL OF THE EXISTING LANDSCAPING DISTURBED AS PART OF THE <br />CONSTRUCTION BE RELOCATED AND REPLACED. <br /> <br />AWNINGS ALONG THE NORTH SIDE OF THE PROPOSED WALL NOT PROJECT <br />INTO THE DRIVE AISLE. <br /> <br />Se <br /> <br />ANY PARKING LOT EXPANSIONS REQUIRE SUBMITTAL OF A SITE PLAN <br />IDENTIFYING THE SPECIFIC IMPROVEMENTS TO BE MADE. <br /> <br />THE NEW PARKING LOT EXPANSION BE DONE ONLY AFTER AN EXEMPTION <br />TO THE SUBDIVISION ORDINANCE HAS BEEN COMPLETED WHICH WILL <br />RELOCATE THE EXISTING LOT LINE, ALLOWING PERKINS TO PURCHASE <br />ADDITIONAL PROPERTY. <br /> <br />s:\councilXcu97-1 .doc <br /> <br /> <br />