Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by Cross Engineering Consultants, Inc., on Behalf of LINFER Properties, L.L.C., for Approval of a Site Plan and Specific Use Permit for a Restaurant with Drive Through Window and an Additional Retail/Restaurant Building, Approximately 1.19 Acres, Located on the Southeast Corner of McDonald Street and Anthony Street, and Accompanying Ordinance.
Summary
MEETING DATE: November 15, 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. Restaurant with drive-through window shall be an allowed use.
2. The site shall generally develop in accordance with the attached site plan and landscape plan exhibits.
3. Approval of the specific use permit for shall also constitute site plan approval.
Staff also recommends the following conditions on the site plan should the proposed specific use permit be approved:
1. The applicant satisfy the conditions as shown on the Standard Conditions for Site Plan Approval Checklist, attached.
2. Prior to the issuance of a Certificate of Occupancy, the applicant file a separate instrument for the drainage easement shown on the site plan, subject to the review and approval of the City Engineer.
ITEM SUMMARY:
• The applicant is requesting a specific use permit to construct a 3,000 square foot restaurant with drive through window (Pollo Regio) and a 3,100 square foot retail/restaurant building on 1.19 acres, located on the southeast corner of McDonald Street and Anthony Street.
• When acting on a request for a specific use permit, the following factors should be considered:
o Compatibility with adjacent and neighboring land uses.
o Adaptability of building structures to the proposed use.
o Infrastructure requirements: roads, sidewalks, access to public streets, parking, and drainage.
o 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.
• The applicant has also requested that a provision be included which would allow the approval of the specific use permit to also constitute site plan approval for the subject property. Should the specific use permit be approved, Staff recommends the conditions as listed above be met. Staff has reviewed the site plan and landscape plan for conformance with the Zoning Ordinance and is comfortable utilizing the specific use permit exhibits for both the site plan approval process and the specific use permit approval process.
• It should be noted that the Staff Report for the Planning and Zoning Commission meeting on October 25, 2001, stated that the restaurant with drive through window was 2,500 square feet, based on previous versions of the site plan. However, the applicant is now proposing to construct a slightly larger restaurant with drive-through building (3,000 square feet). The applicant has maintained adequate parking for the additional square footage of restaurant, and Staff has no concerns with the minor modification.
• With frontage along McDonald Street, Staff feels that the proposed restaurant with drive through window building and retail building is in keeping with the surrounding commercial uses and would service the 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 currently zoned “BN” - Neighborhood Business District, which requires restaurants with drive through windows to receive approval of a specific use permit by City Council.
• To the north and west of the subject property, across Anthony Street and McDonald Street respectively, there are existing commercial and retail buildings. Adjacent properties to the south and across Wilcox Street to the east of the subject property are currently developed as single family residences.
FINANCIAL SUMMARY:
• N/A
BOARD OR COMMISSION RECOMMENDATION:
• On October 25, 2011 the Planning Zoning Commission voted unanimously to recommend approval of the proposed specific use permit and site plan as conditioned by Staff.