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City Council Meeting, May 14, 2024 Page 3 Deadline for Agency Action: Application Complete: March 18, 2024 60 Days: May 17, 2024 Letter Sent:NA 120 Days:July 16, 2024 Background and Analysis Project Description. This change to the site requires a Conditional Use Permit, per the requirements of the most applicable underlying zoning district. The ordinance identifies a series of general requirements for Conditional Use Permit consideration, in addition to any specific requirements applicable to drive-through facilities and the subject property. General CUP Requirements. The general requirements for any Conditional Use Permit are as follows: (1)The use is one of the conditional uses specifically listed for the district in which the property is located; -Restaurants are identified as a Permitted Use in the C, Commercial District. Restaurants with drive-through facilities are allowed by Conditional Use Permit. (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. 35