Title
Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request for a Drive-Through Restaurant (McDonalds), Located at 3300 Virginia Parkway, and Accompanying Ordinance
Summary
COUNCIL GOAL: Direction for Strategic and Economic Growth
(1C: Provide a strong city economy by facilitating a balance between industrial, commercial, residential, and open space)
MEETING DATE: December 3, 2024
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, AICP, Director of Planning
Caitlyn Strickland, AICP, Planning Manager
Stewart Starry, Planner I
RECOMMENDED CITY COUNCIL ACTION: Staff recommends approval of the proposed specific use permit request with the following special ordinance provision:
1. The property shall generally develop in accordance with the attached specific use permit exhibit and all applicable development requirements of the city.
APPLICATION SUBMITTAL DATE: September 24, 2024 (Original Application)
October 24, 2024 (Revised Submittal)
ITEM SUMMARY: The applicant is proposing a specific use permit to allow a Drive-Through Restaurant (McDonalds) on the subject property. The proposed facility is approximately 1,970 square feet, located at 3300 Virginia Parkway.
The governing zoning district (“PD” - Planned Development District) requires that a specific use permit be granted for a Drive-Through Restaurant to be operated on the subject property. As part of the specific use permit request, the applicant has submitted a site layout exhibit detailing the building and parking locations, as well as the internal site circulation.
EXISTING ZONING AND LAND USES:
|
Location |
Zoning District (Permitted Land Uses) |
Existing Land Use |
|
Subject Property |
“PD” - Planned Development District (Commercial Uses) |
Undeveloped Land |
|
North |
“PD” - Planned Development District (Commercial Uses) |
Retail and Shopping Center (Walmart) |
|
South |
“C2” - Local Commercial District |
Independent Living (Under construction) |
|
East |
“AG” - Agricultural District |
Government Facilities (Bonnie Wenk Park) |
|
West |
“PD” - Planned Development District (Commercial Uses) |
Retail (Walmart) |
SPECIFIC USE PERMITS: When acting on a request for a specific use permit, the following factors should be considered:
• Whether the request complies with all site specifications adopted by the City, including the base zoning district and/or the PD entitlements;
• Whether the site, buildings, and use meet the criteria specified for the use in §205C, Use Definitions and Use-Specific Standards;
• Whether the proposed use will be detrimental to the adjacent properties or to the City as a whole;
• Whether the proposed uses are compatible in terms of scale (building massing, form, orientation, and location), intensity, and operating characteristics with uses and structures on adjacent properties and properties in the vicinity of the proposed application; and
• Whether potential impacts associated with such use are adequately mitigated through enhanced site or building design, including but not limited to additional landscaping, buffers, or screening, to minimize adverse impacts on surrounding uses and the City.
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 site is located just off the hard corner between Virginia Parkway, a major arterial roadway, and Hardin Boulevard, a greenway arterial roadway. It is part of a larger lot that has been zoned for commercial uses since 2008. The proposed drive-through restaurant would join an existing commercial block that includes restaurants and a major retailer (Walmart).
Staff has reviewed the SUP request and has found that it complies with all site specifications adopted by the City as well as meets all criteria specified for the use as outlined in the Unified Development Code and the property’s “PD” - Planned Development District. To comply with zoning requirements and mitigate proximity to Bonnie Wenk Park, the applicant will add a six-foot masonry wall on top of the proposed retaining wall along the east property line, providing the screening required by PD standards.
Additionally, there are no residential properties directly adjacent to the site, which limits potential adverse effects on nearby residents. The dumpster enclosure and point of order are both situated over 30 feet from the nearest property line, further reducing any negative impacts.
Considering that the site adheres to all site specifications adopted by the City, meets the required criteria, and adequately mitigates potential negative impacts, staff believes the proposed drive-through restaurant would complement both the existing commercial area and future developments while addressing local needs.
As such, staff recommends approval of the SUP request.
SITE LAYOUT: The attached exhibit provides a general layout of the proposed building as well as the associated parking and internal site circulation. The site circulation, parking, and sanitation requirements are in general conformance with the Zoning Ordinance.
ACCESS/CIRCULATION:
|
Adjacent Streets: |
Virginia Parkway, 124’ Right-of-Way, Major Arterial Hardin Boulevard, 140’ Right-of-Way, Greenway Arterial |
OPPOSITION TO OR SUPPORT OF REQUEST: Staff has received no letters of support to this request and no letters of opposition. This does not include emails or letters that may have been sent directly to members of the Council or Commission. Staff has not received any citizen comments through the online citizen portal.
BOARD OR COMMISSION RECOMMENDATION: On November 12, 2024, the Planning and Zoning Commission voted 7-0-0 to recommend approval of the proposed Specific Use Permit request.