5.4. SR 11-17-2008 - Laserfiche WebLink

Home Browse Search

Case File: CU 08-25 Page 3 Applicable Regulations Conditional Use Permit FEC Holdings, LLC -Kevin Smith The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. I,Vill 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. Will be consistent with the comprehensive plan. 3. 1-TIill not imj~ede the normal and orderly development and improvement of surrounding vacantproperty. 4. Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, seater and server systems, parks and schools; and sa~ill not, in particular, create tra~c congestion or interference with tra~c on adjacent and neighboring public thoroughfares. 5. Weill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or propery because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Weill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Weill fully comply zvith all other requirements of this Code, including any applicable 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. 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. Parking Class II restaurant parking requirements axe one parking space for each 40 square feet of indoor or outdoor customer area, but not less than six spaces, plus room to stack a minimum of five vehicles per drive-through lane. There is approximately 520 square feet of customer area which would require 13 parking stalls. The overall parking (92 stalls) was taken into when the existing project was built and there appears to be sufficient area for the proposed use. There is adequate vehicular circulation in and around the site. There will be no drive thru use for the proposal. Utilities The subject property is connected to city services. S:\PLANNING MAIN\Case Files\CUP\CU 08-25 FEC Holdings, LLC-Kevin Smith\CU 08-25_PC.doc