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Planning Commission Meeting, April 16, 2024 Page 3 (2) The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area; - Those conditions taken directly from the City’s code are listed below, and any others would be established as a part of the City’s action on the CUP request. (3) The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; - The conditions attached to this recommendation and any others added by the Commission and/or Council are designed to address detrimental impacts, if any. The changes to the site conditions are designed to minimize likelihood of either internal or external impacts on surrounding properties and/or public areas. (4) The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. - The use has operated in this located for several years, and the upgrade in services (particularly the revised drive-through design) reflects a market change in how these facilities serve their public customers, aspects of both “convenience” and “general welfare”. The zoning ordinance requires a CUP for drive-through facilities, but otherwise does not specify conditions for review. General standards for CUP review are an investigation into whether the proposed use would reasonably support the intent of the zoning district and Land Use Plan category in which it is located, and whether the proposed use will create any identifiable impacts that require mitigation. Those impacts may be to neighboring property or to public spaces, including rights of way. The stacking lanes will accommodate 16 vehicles for the two lanes, 8 per lane. This complies with the requirements in the City’s code for drive-through stacking for such restaurants, a requirement which is based on parking accumulation research in the Twin Cities area. For this project, the primary potential impact is to the parking supply on the property, given that the remaining parking supply will be reduced to a total of 52 spaces in addition to the 16 stacking lane spaces, a total of 68 available vehicle spaces. The building consists of approximately 5,800 square feet of floor area. The City’s regulations require 1 space per 2.5 seat capacity, plus one per maximum shift employee. Accounting for approximately 10 employees, the primary parking field would accommodate a dining area seating capacity of more than 100. In addition, the applicants have provided a parking survey of the property, indicating that of the currently-available 75 parking spaces on site, at least 20 to 25 of those, or more, remain empty even during peak times. Under the City’s parking regulations in City Code, the City Council may determine an appropriate level of parking supply for individual uses. In this case, the applicants are seeking a reduction in overall parking supply that would, according to the applicant’s data, appear to cover the primary requirements during its peak-usage times, and support the recent shift from dine-in customer traffic to drive-through and pre-order customers. While the total parking supply would be adequate – based on the site information provided by the applicant – the site is technically below the general standard identified by the City Code. However, the more efficient drive-through facility would create a more efficient use of the site. This is based both on the applicant’s narrative, and on data commonly available for the convenience restaurant industry.