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r STAFF REPORT To: Planning Commission Report No.: VIII.3 From: Kim Moore-Sykes, Assistant City Manager F "" Date: July 19, 2005 Subject: Concept Review of AMCON's Development of the Outlot,St. Anthony Marketplace Project Date Application Received: N/A-Concept Review Property Address: 2900 Kenzie Terrace/Hwy. 88 Zoning District: C 60-Day Expires: N/A Requested Action: Paul Tucci,OPPIDAN, is requesting a concept review of their proposal for the outlot on the comer of Kenzie Terrace and Highway 88,St. Anthony Marketplace. Mr. Tucci has submitted applications for the following as well as an updated landscaping plan. A. CONDITIONAL USE PERMIT-Restaurant within 250' of residential area. B. VARIANCE PETITION- Building Setback-Out Lot C. VARIANCE PETITION-On-Site Parking Background: At the May 17th Planning Commission meeting,AMCON presented several requests,including those listed above, at a public hearing for consideration in order to finish their project associated with the St. Anthony Marketplace project. In 2003,their proposal was to build a 6,000 SF building that would house a popular sports bar and grill. When the sports bar and grill owners decided not to put a store in St. Anthony, the developers put together another plan that reduced the size of the building to 4,500 SF and would include a coffee shop with a drive-thru and space for two other retail shops. The proposal was brought before the Planning Commission at their May 2004 meeting. The Planning Commission's recommendation on this proposal was passed to the City Council for their approval. At the City Council meeting on May 24th, the City Council voted to deny all of the requests for the proposed project. The developers of the project have again revised their proposal and have a plan for a 4,500 SF restaurant, similar to the original proposal but smaller. They are before the Planning Commission for a concept review with the intention of scheduling a public hearing for their petitions at the Planning Commissions August meeting. They are hoping to obtain Council approval for this project as well as an amendment to the Developer's Agreement at the August 23rd Council meeting. The revised applications are as follows: 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 outlot 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