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STAFF REPORT To: Planning Commission Report No.: VII.3 From: Kim Moore-Sykes, Assistant City Manager 1 _ Date: May 17,2005 IY Subject: Site Plan for St. Anthony Market Place,Outlot and Endcap, Conditional Use Permits,Setback Variances Property Address: 2900 Kenzie Terrace and 2702-2714 Highway 88 Zoning District: Commercial Requested Action: Staff is asking the Planning Commission to review the proposed revised site plan and consider the various petition requests as listed below and presented by the representatives of AMCON. Based on the findings of facts from the public hearing on each of these requests,staff recommends that the Planning Commission consider recommending approval of the revised site plan,conditional use permits and variances to the City Council. A. CONDITIONAL USE PERMIT-Restaurant within 250' of residential area. B. CONDITIONAL USE PERMIT-Drive-Thru Service-Out Lot C. VARIANCE PETITION- Building Setback-Out Lot D. VARIANCE PETITION-Parking on Site Background: Representatives from AMCON have met with staff to review their revised site plan for the remaining development of the former Stonehouse/SAV I/Fire Station property. On April 19, 2005,Mr. Paul Tucci, Oppidan, Inc.,came before the Planning Commission in a Concept Review to discuss the AMCON proposal for the remaining piece of the St. Anthony Marketplace. Mr. Dennis Cavanaugh,2909 St. Anthony Boulevard, spoke against the project. He stated that these proposed site plan showing commercial buildings situated at the City's gateway to the community was unacceptable. Mr. Robert Foster, attorney representing the restaurant and resident,indicated that the proposed site plan being proposed is certainly better than what was on the site previously. Each of these requests for a public hearing have been published in the City's local newspaper and neighboring properties have been notified by letter of the date and time of these public hearings. A. CONDITIONAL USE PERMIT-Restaurant within 250' of Residential Area. AMCON is required to secure a Conditional Use Permit(CUP) for the proposed restaurant planned to be located in the end cap of the main commercial building at 2900 Kenzie Terrace. The City Ordinance,Chapter 16,Section 1635.03 (p) requires a CUP for a restaurant located within 250 feet of a residential area. A single family residential area (R-1) exists on the northeast side of Kenzie Terrace and north side of St. Anthony Boulevard. A resolution approved by the City Council in July 2003 granted AMCON a Conditional Use Permit for the proposed restaurant being closer than 250 H:\Planning\Staff Reports\2005\AMCON staff report 051705.doc