File #: 11-065SU2    Name: Braum's Resturant with Drive-Through
Type: Ordinance Status: Approved and Finalized
In control: City Council Regular Meeting
On agenda: 6/21/2011 Final action: 6/21/2011
Title: Conduct a Public Hearing to Consider/Discuss/Act on the Request by Pogue Engineering & Development Company, Inc., on Behalf of Carrington Partners, for Approval of a Specific Use Permit to Allow for a Restaurant with Drive Through, Approximately 1.34 Acres, Located on the South Side of Eldorado Parkway and Approximately 200 Feet West of Hudson Crossing, and Accompanying Ordinance.
Attachments: 1. PZ Minutes, 2. PZ Staff Report, 3. Maps, 4. Letter of Intent, 5. Proposed Ordinance, 6. Exhibit A - Location Map, 7. Exhibit B - Site Layout, 8. PowerPoint
Related files: 11-065SUP

Title

Conduct a Public Hearing to Consider/Discuss/Act on the Request by Pogue Engineering & Development Company, Inc., on Behalf of Carrington Partners, for Approval of a Specific Use Permit to Allow for a Restaurant with Drive Through, Approximately 1.34 Acres, Located on the South Side of Eldorado Parkway and Approximately 200 Feet West of Hudson Crossing, and Accompanying Ordinance.

 

Summary

 

MEETING DATE:                     June 21, 2011

 

DEPARTMENT:                      Development Services - Planning

 

CONTACT:                       Jennifer Cox, AICP - Director of Planning

                     Brandon Opiela - Senior Planner

                     Anthony Satarino - Planner

 

RECOMMENDED CITY COUNCIL ACTION:                     

                     Staff recommends approval of the requested specific use permit with the following special ordinance provisions:                     

 

1.                     Drive-through restaurant be an allowed use.

 

2.                     The site shall generally develop in accordance with the attached site layout exhibit.

 

ITEM SUMMARY: 

                     The applicant is requesting a specific use permit to construct a restaurant with a drive-through window (Braum’s Ice Cream Store) totaling 5,756 square feet, on approximately 1.34 acres at the south side of Eldorado Parkway and approximately 200 feet west of Hudson Crossing.

 

                     When acting on a request for a specific use permit, the following factors should be considered:

 

§                     Compatibility with adjacent and neighboring land uses.

 

§                     Adaptability of building structures to the proposed use.

 

§                     Infrastructure requirements: roads, sidewalks, access to public streets, parking, and drainage.

 

§                     Elements such as screening, open space, building heights, and compatibility of existing buildings to the proposed use.

 

                     Staff has evaluated the request based on the above mentioned parameters and feels that the site is appropriate for the proposed use and is compatible with existing land uses of the adjacent properties.

 

                     With frontage along Eldorado Parkway, Staff feels that the proposed use of the subject property (Braum’s Ice Cream Store) is in keeping with the intent of the governing planned development district, by providing for limited commercial uses serving the frequent needs of the residents of the immediate vicinity. Staff does not anticipate that the specific use permit request would have a negative impact on existing or future developments in the area.

 

BACKGROUND INFORMATION: 

                     The subject property is located within “PD” - Planned Development District No. 2011-05-31, recently adopted by City Council on May 17, 2011. Under the governing planned development ordinance, the subject property is to develop under the base zoning designation of “BN” - Neighborhood Business District. Within the “BN” - Neighborhood Business District, restaurants with drive-through windows require the approval of a specific use permit.

 

                     To the north of the subject property, across Eldorado Parkway, there is an existing single family subdivision (Live Oak Estates). Adjacent properties to the east and west of the subject property are currently developed as retail, restaurant and office uses along Eldorado Parkway. The property directly to the east of the subject property, across Hudson Crossing, was rezoned in 2005 to allow a drive in restaurant (Sonic) to develop. Moreover, in 2007, a specific use permit for a restaurant with a drive through was approved for the site immediately to the east of Sonic; however, the retail and restaurant shopping center moved forward without installing the proposed drive-through.

 

FINANCIAL SUMMARY: 

                     N/A

 

BOARD OR COMMISSION RECOMMENDATION:

                     On May 24, 2011 the Planning and Zoning Commission voted 4-0 to recommend approval of the proposed specific use permit as conditioned by Staff.