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Item 08A Page 2 of 4 Res 5286 Dec 14, Preliminary Plat of Anthony Properties Addition 1998 Res 5296 Dec 28, Final Plat of Anthony Properties Addition 1998 Res 5339 Jun 14, Accepting the Public Improvements at the Theater Project 1999 Res 5803 Jul 22, 2002 Removal of a Parcel [e.g. Moe's parking lot] from the Theater PUD and Development Agreement Res 5997 Apr 28, Approving Amendment to the Theater PUD Agreement by adding 2003 "Office" as an Allowed Use on Lot 1, Block 2, Anthony Properties Addition Res 6033 Jun 23, Development Review for an Office Building located at 2442 County 2003 Highway 10, and a Multi -Tenant Retail Building at 2436 County Highway 10 Res 7621 May 24, Conditional Use Permit to allow a Farmers Market at 2430 Highway 2010 10 (Wynnsong Movie Theater Parkin Lot Ord 938 Sep 25, Amendment to Chapter 502 of the City Code, allowing movie 2017 theaters in operation as of September 25, 2017, to obtain an On - Sale Liquor License. When the PUD concept was approved (1997), the development was intended to complement and connect the Civic Center (City Hall Park & Community Center) to a destination retail center, drawing people and activities into the center of town. The development was to be anchored by a 16-screen movie theater, a sit-down restaurant, a retail/restaurant multi -tent building, and three office buildings along Co Rd H2. The theater was built in 1998. Of the three office pads, one was built (Bridges school, 1998), and the other two remained as parking. The east parking lot was removed from the PUD Narrative in 2002, for what is now Moe's parking lot. The PUD Narrative was amended in 2003 to allow "office" as an allowable use on the restaurant site (Apple Tree Dental). The retail/restaurant building was built in 2004, now occupied by Akway's Barber Shop, State Farm Insurance, Subway, and a vacant unit. Subway includes a drive-thru, not unlike the proposed coffee shop drive-thru. Analysis: Drive-thru restaurants are a Conditional Use (CUP) in the B-3 Highway Business District. The B-3 district includes such businesses as Steve's Appliance, CVS, Tommy's Carwash, Burger King and McDonalds. Within the B-3 District, Drive-thru restaurants must have an architectural appearance similar to surrounding buildings, and otherwise be in compliance with other requirements of the City Code.2 If the PUD Narrative is amended to include Drive-thru Restaurants as an allowable use, it is the same meaning as a Permitted Use, meaning, a CUP would not be required for any drive-thru restaurants on the Theater's parking lot. The developer intends to apply for a Subdivision and Development Review. The Development Review will be the opportunity for the Planning Commission and City Council to address any topics related to traffic flow, architecture, landscaping, etc. The current application is only for the type of use (drive-thru restaurants), not any specific design criteria. 'City Code, Section 1114.04, Subd 1 (Drive-in and convenience food establishments)