PZ 08/09/2023 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes August 9, 2023 Page 2 4. Disclosure of Ex Parte Communications No disclosures of ex parte communications were made. Jennifer Nix, Assistant City Attorney, advised the Commission on some housekeeping matters. 5. Conditional Use Applications A. CU 23-05: 386 S.R. 436 - Conditional Use Request Staff Presentation: Matthew Linder, Planner I, presented case number CU -23-05: A conditional use request for a drive-through at the new Charley's Philly Steaks located at 386 S.R. 436. It is the same site as the old Wendy's and has since changed ownership. The subject property has a zoning designation of CG (Commercial General) with a Future Land Use Map (FLUM) designation of Commercial (COMM). It is also part of the Community Redevelopment District (CRD). In March 2023, the applicant submitted a minor site plan review that was approved at the last Development Review Committee (DRC) meeting. Historically, the property has operated as a fast-food restaurant with a drive-through for over a decade. In April 2022, the drive-through use was discontinued as the Wendy's closed. Since it has been longer than 90 days, a new conditional use for the drive-through is required. All surrounding properties to the north, south, and west are commercial in nature. Some of the surrounding uses are an RV dealership, a grocer, general retail, and general offices. To the east, there is a residential neighborhood with the subject property abutting one residential parcel. However, the building is situated to be abutting the front setback. This intends to maximize the distance between the restaurant and the house. The drive-through fast food restaurant has existed since 1980. The proposed project meets all setbacks and buffer requirements. DRC has already approved the site plan. The building was not moved; only the glass bump -out facing S.R. 436 was enclosed. The proposed drive-through will not generate any prohibited nuisances or impacts that would negatively affect nearby uses. Grease is the only hazardous waste generated on the property and will be disposed of properly. The applicant holds a current and valid City business tax receipt. Staff recommends that case number CU 23-05 be approved with staff's conditions, based upon the staff report and the testimony and evidence presented, that the request meets the applicable provisions of the Unified Land Development Regulations (ULDR) and is consistent with the Comprehensive Plan as per the written findings contained within the staff report. Conditions: The conditional use shall be limited to the proposed location at 386 S. R. 436. Any expansion of the business will require additional conditional use approval. 2. The drive-through use shall only begin upon redevelopment of the existing site according to an approved site plan. 3. All applicable licenses and permits shall be obtained within 120 days from final site plan approval.