05/01/2006 Council Minutes - Laserfiche WebLink

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CITY COUNCIL WORK SESSION MAY 1, 2006 APPROVED 1 road restrictions. An update will be provided for the Council at every work session until 110 2 all the issues are resolved. 3 4 MILLER'S CROSSROADS SHOPPING CENTER — CONDITIONAL USE 5 PERMIT FOR ACCESSORY DRIVE-THROUGH FACILITY AND 6 RESTAURANT OUTDOOR DINING FACILITIES 7 8 City Planner Smyser stated at the April 24 meeting, the City Council tabled consideration 9 of Resolution 06-53, the CUP for outdoor seating and a drive through. The Council 10 decided to discuss it further at the work session May 1. 11 12 City Planner Smyser advised the Council discussion included the question of additional 13 screening as well as other issues. Staff learned that the residents' homeowners 14 association owns the townhome property: it is no longer under the developer's ownership 15 or control. However, the homeowners association is open to more plantings on the 16 property. The only ponding change is occurring for the retaining wall. Additionally, 17 there are other uses for a drive through on that site. However, parking is restricted on the 18 site so that does limit what type of business would go in there. 19 20 City Planner Smyser advised Findings of Fact would have to be noted if the Council 21 denies the application. 22 . 23 Mr. Greg Schlenk, Miller's Crossroads, came forward and addressed the issues of the 24 Council. He advised the developer does not want a CUP that does not include both the 25 outdoor dining and drive through. He stated he does not believe more traffic would be 26 generated from a coffee shop as opposed to a day care center. He also stated he believes 27 the project is compatible with the townhomes in the area. He noted the intent was to keep 28 this site commercial. All requirements have been met and the project has gone through 29 the City process. There have been no neighbor objections. The developer would like to 30 make the site viable. 31 32 Mr. Peter Hilliger, architect for the project, stated the developer believed four years ago 33 that a day care was a viable use. Nobody will touch that site for a day care because the 34 demographics do not support it. None of the neighbors are objecting to the plan. The 35 landscaping plan has gone well beyond what is typically required. 36 37 The Council requested the following information: 38 39 1. The minutes or resolution from the original PUD 40 2. Copies of the ponding information that is legible 41 3. A legal opinion about the Findings of Fact 42 4. Information about separating the CUP for the patio and drive through 43 5. Information about the 80% screening requirement on three sides of the site 44 . 45 This item will appear on the regular Council agenda Monday, May 8, 2006, 6:30 p.m.