06/12/2006 Council Minutes - Laserfiche WebLink

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• • 1 COUNCIL MINUTES JUNE 12, 2006 APPROVED Consideration of Resolution No. 06-53, Conditional Use Permit for Accessory Drive Through Facility and Restaurant Outdoor Dining Facilities, Millers Crossroads Shopping Center, Jeff Smyser — City Planner Smyser advised the Millers Crossroads development was approved in 2003 with Resolution 03-142. The project includes one commercial lot at the corner of Birch St. and Hodgson Rd. This lot received approval for a conditional use permit for a daycare business that would have filled part of a commercial building. That building was never constructed. City Planner Smyser stated the current proposal includes a coffee shop in the east end of the building and a Subway sandwich shop in the west end. The applicant has requested a conditional use permit for an accessory drive through and outdoor seating for the coffee shop. Each of these is a conditional use, and staff has combined them into one conditional use permit. If the drive through and outdoor seating facilities were not requested, the project would be reviewed administratively. Discussion of the building is included here for informational purposes. The proposed building is almost exactly the same as what was approved in 2003, but with some improvements in materials. City Planner Smyser presented the staff report noting the General Standards that apply for this specific CUP use. Because of those standards, staff is recommending denial of the request. Mr. Peter Hilger, Architect for the project, came forward and stated he hopes to change the Council's mind about the request and present an alternative. He provided the history of the projecting noting the project is a joint solution that was developed with the developer and staff. Mr. Hilger stated staff had previously recommended approval of the project. He indicated the developer has provided much more than is required in terms of buffering, landscaping, setbacks and architecture. He asked that the City Council treat the request consistently with other developments within the City. Mr. Hilger stated the neighborhood has already been designed and the plan meets the requirements of the Comprehensive Plan. The current zoning does permit a drive through with a CUP. The developer has met all the objections of the neighbors by providing signalization improvements. Traffic is well within the guidelines of the traffic study and access issues have been resolved. The site is self- limiting from a marketing perspective. A day care will not be developed there because the market does not support it. It is a perfect site for a smaller neighborhood commercial project such as a coffee shop. Mr. Hilger continued making the following points to the Council: • Traffic will not increase due to a drive through on the site • A CUP would not necessarily allow a fast food business • Another coffee shop in the neighborhood is good for the neighborhood • There are no neighbors protesting the project. Mr. Hilger referred to the site plan noting the commute pathway. He stated alignment of the intersection is not problematic because there is no left turn. He reviewed the points in the Resolution 4