Agenda - Planning Commission - 01/03/2013

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Regular Planning Commission 6. 2. Meeting Date: 01/03/2013 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Request for Site Plan and Conditional Use Permit Approval for McDonald's Located on Lot 4 Block 1 COR TWO; Case of McDonald's USA LLC Background: The City has received an application for Site Plan and Conditional Use Permit review for a a proposed 4,600 square foot restaurant located in the COR -2b Subdistrict. The proposed building is a single tenant space located at the southeast corner of Sunwood Drive and Armstrong Blvd NW, adjacent to the recently approved Super America site. The proposal includes a drive-thru and the applicant has requested to utilize and operate electronic speaker devices associated with the drive-thru twenty-four (24) hours per day. A conditional use permit is being processed along with the site plan to address the use of electronic speaker devices outside the hours of 7:00 a.m. and 10:00 p.m. as permitted by City Code. Notification: A public hearing is not required for the site plan review. However, in accordance with State Statute and City Code, Staff attempted to notify all property owners within 350 feet of the Subject Property of the Public Hearing for the conditional use permit via Standard US Mail. A Notice of Public Hearing was also published in the Anoka County Union. Observations: The site is approximately 1.36 acres in size and is located in the COR -2b Subdistrict. Within this Subdistrict, up to two (2) drive-thru lanes are allowed in conjunction with permitted and conditional uses and the proposed restaurant is a permitted use. The City is also currently considering an ordinance amendment related to the use of electronic speaker devices that allows for expanded hours of use with the issuance of a conditional use permit. It is Staffs belief that it was the intent of the original ordinance to allow twenty-four hour drive-thru operations as a conditional use. The preceding ordinance on this evening's agenda attempts to resolve any potential conflicting language in City Code. When reviewing bulk standards such as setbacks, orientation, and sizes, three factors are used to determine the appropriate standard for site plan review in The COR: 1. Sub -District Boundary 2. Street Classification/Hierarchy 3. The Development Plan as approved by Ordinance (modified form -based code) The idea behind this review is that the surrounding built -environment is an important aspect of the design of a site. Most standards can be described using the street classification (as defined by the Design Framework) within individual sub -districts. For those circumstances where unique built -environment factors (such as larger roadways, broader design constraints), the Development Plan as approved by Ordinance provides the City a tool to address unique sites where the traditional build -to scenario proposes larger challenges or does not fit the surrounding built -environment. The building orientation, as presented, appears to be oriented in such a way that the traditional 'front' faces the southern property boundary. The rear of the building, as well as the two (2) drive-thru lanes, faces Sunwood Drive. There is, however, an additional entrance along the east wall of the building facing the private drive, which could