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