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STAFF REPORT <br />CASE: 145-83 <br />PAGE 3 OF 4 <br />r'1 approve of the "idea" of a convenience food establishment at <br />this location, which would require a conditional use permit, <br />staff recommends the Commission review new language proposed in <br />the Zoning Code (new Section 40.25, Subd. C) as it relates to <br />this proposed development, specifically criteria and conditions <br />for conditional use permits, <br />CODE APPEAL <br />1. Existing Zoning Codo requirements for off-street parking for <br />convenience food establishments is at least 1 space for each <br />15 square feet of gross floor area but not less than 15 spaces. <br />Using this requirement, the Burger King facility proposed would <br />require 147 spaces. This number greatly exceeds what typical <br />Burger King restaurants require for parking. Attached is a <br />listing (Exhibit 4) which shows the number of parking spaces at <br />various Burger King Restaurants in the metropolitan area. <br />In the new Zoning Code text, the Commission is recommending the <br />parking requirement for restaurants 140.07, Subd. H(20)) be used <br />for convenience food establishments [40.07, Subd, H(14)). Using <br />these requirements, 39 spaces would be required. This is much <br />more in line with what is actually needed (based upon other <br />Burger King Restaurants) for fast food establishments. 43 <br />parking spaces are proposed with this application. 10 foot by <br />20 foot parking spaces are being proposed. <br />Note that the Planning Commission will be convening as the Board <br />of Adjustment and Appeals for the appeal mentioned. <br />SETBACKS <br />1. The building meets minimum setback requirements for B-3 zones. <br />The parking area also meets minimum setback requirements. <br />UTILITY SERVICES <br />1. Sewer and water services are available on Mounds View Drive <br />north of County Road I. Note the 20 foot utility easement <br />proposed to allow hook-up to the utility services. <br />S'TORMWATER (CHAPTER 49A) <br />1. This site is part of the Silver Lake Woods Development Project. <br />The pond which was constructed was designed to meet Ordinance <br />No. 49A (formally Resolution No. 983) requirements for <br />properties within Silver Lake Woods project area. Therefore, <br />on -site storage of water is not required for this application. <br />