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Elk River City Council Minutes August 21. 1995 Page 9 e ELK RIVER RETAIL CENTER PLANNED UNIT DEVELOPMENT WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS STATED IN STAFF'S MEMO TO PLANNING COMMISSION, DATED JULY 25, 1995, BE INCORPORATED INTO THE REVIEW PLANS. 2. COMMENTS FROM THE CITY ENGINEER IN THE MEMO DATED JULY 17, 1995, BE INCORPORATED INTO THE REVISED PLANS. 3. THE PROPOSED RESTAURANT MAY NOT RECEIVE A CERTIFICATE OF OCCUPANCY UNTIL THE ROAD IMPROVEMENTS TO DODGE STREET AND ELK HILLS DRIVE ARE SUBSTANTIALLY COMPLETED. 4. HOURS OF OPERATION SHALL BE 24 HOURS A DAY, 7 DAYS A WEEK BECAUSE THE 24 HOURS AS PROPOSED DOES MEET THE REGULAR FIVE STANDARDS fOR THE ISSUANCE OF A CONDITIONAL USE PERMIT. 5. DELIVERIES SHALL BE MADE BETWEEN THE HOURS OF 7 A.M. AND 7 P.M. 6. THE PROPOSED FLAG POLE HAVE A MAXIMUM HEIGHT OF 35 FEET WHICH IS CONSISTENT WITH COMMERCIAL SIGNAGE STANDARDS AND THE FLAG APPROVED HEIGHT fOR THE DEVELOPMENT PLAN IN THE PUD. 7. ALL CONDITIONS SET fORTH IN THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR ELK RIVER RETAIL CENTER BE MADE PART Of THIS PERMIT. e 8. THE FINAL PLAT, DEVELOPER'S AGREEMENT AND PUD AGREEMENT SHALL BE EXECUTED AND RECORDED PRIOR TO ISSUANCE Of A BUILDING PERMIT. 9. FOUR SETS OF REVISED PLANS WHICH INCORPORATE THE CONDITIONS FOR APPROVAL BE SUBMITTED TO THE PLANNING DEPARTMENT fOR REVIEW PRIOR TO ISSUANCE OF A BUILDING PERMIT. 10. ADDITIONAL LANDSCAPING BE INSTALLED ALONG THE EAST SIDE OF THE STORM DRAINAGE POND TO MINIMIZE HEADLIGHT GLARE fROM VEHICLES. 11. THE DEVELOPER PROVIDE ADDITIONAL LANDSCAPING ALONG THE EAST SIDE OF DODGE STREET TO MINIMIZE THE GLARE TO THE RESIDENTIAL AREA. THE LOCATION OF THE LANDSCAPING SHALL BE DONE WITH THE COOPERATION OF THE RESIDENTS. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. The Council recessed at 8:40 p.m. and reconvened at 8:48 p.m. 9.4. Lee Fredrickson Request for a Conditional Use Permit, P.H., Case No. CU 95-16 e Assistant Planner Gary Schmitz indicated that Lee Fredrickson is requesting a conditional use permit to operate an automobile sales lot with an associated automobile repair at the location of Lot 8 and 9, Block 2, Ar-Mon Commercial Park. Gary Schmitz reviewed the staff memo on this request. Gary Schmitz indicated that the City of Ramsey has some concerns regarding the request. Mr. Schmitz indicted that the applicant has adequately addressed the City of