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Memo to the Mayor and City Council/CU 97-1 Page 3 <br /> March 17, 1997 <br /> the development and ways to minimize the impact upon the residential area <br /> • to the east. <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 /> 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 /> 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 /> Planning Commission Recommendation <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 /> Recommendation <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 /> 1. ALL OF THE EXISTING LANDSCAPING DISTURBED AS PART OF THE <br /> CONSTRUCTION BE RELOCATED AND REPLACED. <br /> 2. AWNINGS ALONG THE NORTH SIDE OF THE PROPOSED WALL NOT PROJECT <br /> INTO THE DRIVE AISLE. <br /> 3. ANY PARKING LOT EXPANSIONS REQUIRE SUBMITTAL OF A SITE PLAN <br /> IDENTIFYING THE SPECIFIC IMPROVEMENTS TO BE MADE. <br /> 4. 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 /> s:\council\cu97-1.doc <br />