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Dan Smith/Perkins Restaurant CUP Page 5 <br />August 21, 1995 <br />It is recommended that the City Council approve the conditional use permit <br />for Dan Smith to construct a 4,415 square foot restaurant facility within the <br />Elk River Retail Center Planned Unit Development with the following <br />conditions: <br />1. All comments stated in staff s memo to Planning Commission, dated July <br />25, 1995, be incorporated into the review plans. <br />2. Comments from the city engineer in the memo dated July 17, 1995, be <br />incorporated into the revised plans. <br />3. The proposed restaurant may not receive a certificate of occupancy until <br />the road improvements to Dodge Street and Elk Hills Drive are <br />substantially .completed. <br />4. Hours of operation shall be 24 hours a day, 7 days a week, with the <br />condition that a Public Hearing will be held by the Planning Commission <br />after six months of opening of the restaurant, to review the hours of <br />operation. <br />5. Deliveries shall be made between the hours of 7 a.m. and 7 p.m. <br />6. .The proposed flag pole have a maximum height of 35 feet which is <br />consistent with signage in the C3 zoning district and as represented on the <br />• approved development plans for the PUD. <br />7. All conditions set forth in the Planned Unit Development Agreement for <br />Elk River Retail Center be made part of this permit. <br />8. The final plat, developer's agreement and PUD agreement shall be <br />executed and recorded prior to issuance of a building permit. <br />9. Four sets of revised plans which incorporate the conditions for approval <br />be submitted to the Planning Department for review prior to issuance of a <br />building permit. <br /> <br />s:council:cu95-15 <br />