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FILE#16-3856 <br /> August15,2016 <br /> Page 2 of 4 <br /> The existing drive thru window will not be used as a drive-thru. Shipping and received activities will <br /> occur out of the existing door on the northwest corner of the building. <br /> Applicable Regulation:Conditional Use Permit(Section 78-916) <br /> The Planning Commission may recommend and the Council may grant a Conditional Use Permit <br /> (CUP) as the use permit was applied for or in modified form. On the basis of the application and <br /> the evidence submitted,the city must find that the proposed use at the proposed location is or <br /> will be: <br /> 1) Consistent with the community management plan; The Community Management plan <br /> (36-6b)identifies the subject property as a potential mixed use site,suggesting density <br /> in the 4-15 units per acre range. The CMP suggests developments such at senior <br /> assisted living,townhomes,condominiums,or apartment buildings as appropriate <br /> mixed use development. The Council recently denied an application for a nursing type <br /> facility at this location. The Planning Commission should consider whether these uses <br /> are appropriate,or if the proposed use is consistent with the Plan. <br /> 2) Compliant with the zoning code, including any conditions imposed on specific uses as <br /> required by article V,division 3 of the City Code; Coffee and bagel retail are a <br /> conditional use,with stated stipulations. The Planning Commission and Council should <br /> determine if the proposed use is consistent with this undefined use. <br /> 3) Adequately served by police,fire, roads,and storm-water management; This statement <br /> is true. <br /> 4) Provided with an adequate water supply and sewage disposal system; The property is <br /> served by municipal water and sanitary sewer. An existing 6 inch water service from <br /> Olive Avenue will be retained. Sanitary sewer is provided through a 6 inch pipe also to <br /> Olive Avenue. Preliminary estimates suggests the system is more than adequate,but a <br /> certified analysis of the sanitary sewer capacity may need to be completed. <br /> 5) Not expected to generate excessive demand for public services at public cost; The re-use <br /> of an existing commercial building should not increase demand on public safety, <br /> transportation,or storm-water facilities. <br /> 6) Compatible with the surrounding area as the area is used both presently and as it is <br /> planned to be used in the future; The property to the south is the Culvers restaurant <br /> and Holiday gas station;to the north and east are single family residential,and to the <br /> west is commercial uses. These uses are not proposed to be changed in the future, <br /> though the Comprehensive Plan suggests the residential property to the north might be <br /> appropriate for mixed use development. <br /> 7) Consistent with the character of the surrounding area, unless a change of character is <br /> called for in the community management plan; Minor modifications to the existing <br /> structure,and the retention of the commercial character of the site will not <br /> detrimentally impact the character of the neighborhood. <br /> 8) Compatible with the character of buildings and site improvements in the surrounding <br /> area, unless a change of character is called for in the community management plan;This <br /> statement is true. <br /> 9) Not expected to substantially impair the use and enjoyment of the property in the area or <br /> have a materially adverse impact on the property values in the area when compared to <br /> the impairment or impact of generally permitted uses: No evidence has been presented <br /> to suggest otherwise. <br /> 10) Provided with screening and buffering adequate to mitigate undesirable views and <br /> activities likely to disturb surrounding uses; The use will be contained indoors. Any <br />