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September 22, 2022 PC Minutes Page 2 The surrounding properties on the other three corners of the intersection are all zoned C-1 and occupied by commercial uses. Surrounding properties in the neighborhood to the north and south are primarily zoned FCB and occupied by residential uses. This property and surrounding pr operties are guided Mixed-Use (MIX) in the 2040 Comprehensive Plan, allowing for a mix of residential, commercial, office, retail, and public/quasi-public uses. The property is currently vacant, flat, and does not appear to have wetlands. The property is landscaped with several overhead deciduous trees and lines of coniferous trees providing screening from the property to the north. On April 28, 2022, the Planning Commission gave informal comments on the applicant’s Sketch Plan, agreeing with staff that a neighborhood meeting should be held with the property owners to provide background on the FCB zoning district and how the area may develop. At the neighborhood meeting held on June 9, 2022, neighbors who were concerned about the guidance of their neighborhood asked what could be done to prevent future commercial uses in the area, and staff stated that a petition could be made to consider rezoning the area to a residential district. Staff had not received a petition to the date of this meeting of the Planning Commission. The applicant is requesting to rezone the property from Future Central Business (FCB) to Central Business (C-1). Staff has analyzed this rezoning based on the four criteria in the City ordinance under Section 90-40, Zoning Amendments. The primary factors in Staff’s analysis of the four criteria were the fact that the FCB zoning is designed to allow for future rezoning to C -1, and that the applicant had worked closely with staff to design the project with minimal impacts on neighboring residen tial properties. Staff found that all of the necessary requirements for approval of a zoning amendment were met. The applicant is requesting approval of a conditional use permit (CUP) for a drive -through lane to be within 200 feet of a residentially-zoned property. Staff has reviewed the CUP application subject to the required findings outlined in Sec. 90-37 Conditional use permits of City Code. The primary factors in Staff’s analysis of the criteria were whether the request is within the spirit and intent of the ordinance, and whether the request is compatible with the City’s Comprehensive Plan and the character of the surrounding area. Staff found that all of the necessary requirements for approval of a CUP were met. The site plan complies with all building setback, height, and lot coverage requirements. The applicant’s landscaping plan meets ordinance requirements; however, staff has provided that the maintenance of an existing row of evergreen trees along the north property line be a condition to be met in the CUP. The applicant meets lighting and screening requirements; however, screening of rooftop mechanical equipment is listed as a condition in the resolution. The applicant is requesting a variance from the requirement that drive -through businesses have their main entrance located on a State Highway, County Road, or city commercial collector street, in order for their access point to be located on the residential street of Flay Avenue. The primary factors Staff must consider are practical difficulties and spirit and intent of the ordinance. Due to traffic engineering concerns, the proposed drive-through entrance location is the most optimal for minimizing vehicle collisions, and is therefore a reasonable use. The property has few practical options for the location of