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<br /> . <br /> . <br /> 3. Only one "food court" or "drive-in business court" or building containing fast food .. <br /> restaurants or drive-in businesses will be allowcd in addition to one free-standing fast <br /> food restaurant; . <br /> 4. The architecture and the site, grading, circulation, landscaping, screening and signage <br /> plans shall unify the appearance and function of the complex or building; and . <br /> 5. A "fast food court" or "drive-in business court" may consist of one or more buildings on <br /> one or more parcels if the intent of providing a unified appearance and function is not <br /> compromised. . <br /> In attempting to dctermine if the Arby's/Sbarro complies with these five requirements. The Staff <br /> reviewed the Zoning Ordinance, Sign Ordinance, City Code, Uniform Building Code, State . <br /> Statute, and available dictionaries for a definition of "fast food court" or "drive-in business <br /> court". The Staff was unable to find a definition of either ofthe phrases. Therefore, the Staff <br /> reviewed the reports and minutes of the Lexington Avenue Business Area Plan in an attempt to . <br /> determine if an Arby's/Sbarro meets the intent of the district. The Staff and the Planning <br /> Commission, after reviewing the reports and minutes of those proceedings, concluded that the <br /> request does not comply with the intent of the ordinance (ie., Section V, H, 4). . <br /> The City received the following three letters for the Public Hearing before the Planning <br /> Commission: Neil M. Meyer of Meyer & Njus, P.A. who represents Hayzin, LLC, (owner of . <br /> Shannon Square); Ferrol O. Robinson of SRF Consulting Group, Inc. who represents the City of <br /> Arden Hills as its consulting traffic engineer; and, John Bergly of Sanders Wacker Wehrman .. <br /> Bergly, who is representing the applicant (Exhibit B). <br /> Plannin~ Commission Recommendation . <br /> The Planning Commission recommends denial of Planning Case #96-17, Planned Unit <br /> Development (Master Plan and Final Plan). The recommendation is generally based upon that <br /> the request: is within 1320 feet of an existing fast food use; does not meet, nor warrant, the . <br /> exemption in Section V, H, 4, of the Zoning Ordinance; would cause unnecessary traffic impacts <br /> on adjacent streets, and does not comply with the Lexington Avenue Business Area Plan. <br /> . <br /> Updates <br /> The applicants request (Planning Case 96-17) was originally scheduled to go before the City . <br /> Council on October 28, 1996. However, the applicant requested that consideration of their <br /> request be postponed to November 25, 1996, "...to allow St. Paul Properties additional time to . <br /> meet with the owners of Shannon Square and others about the Lexington A venue access and the <br /> fast-food use which were raised at the Planning Commission meeting on October 2, 1996." <br /> (Exhibit C). . <br /> The Staff contacted the representatives of Shannon Square on Wednesday, November 20, 1996 to <br /> inquire if representatives from Saint Paul Properties had discussed the Lexington A venue access . <br /> and the fast food use issue. The Staff was informed that representatives from Saint Paul <br /> Properties had contacted them that day for the first time since the postponement and that they .. <br /> were going to attempt to meet prior to the November 25, 1996, City Council meeting. <br /> I <br /> ! <br />