09-12-2016 Council Packet - Laserfiche WebLink

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FILE # 16-3856 August 15, 2016 Page 3 of 4 future exterior patio, if located to the south and west of the building, would not impact adjacent residential neighborhoods and would require site plan approval. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; No evidence has been presented to suggest otherwise. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; There is no link from the proposed site to the adjacent residential streets other that the existing pedestrian trail which provides access to the public sidewalk system, the trail, businesses, and the bus system. These pedestrian connections are generally desirable in strong neighborhoods and communities. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; Does not apply. 14) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; no additional lighting is proposed, and 15) Not detrimental to the public health, public safety, or general welfare. This use is a common use in a commercial district and is not expected to have a negative impact. A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Analysis Coffee and bagel retail are a conditional use permit in the B-5 zoning district, with 4 conditions. a. No more than 50 percent of the gross floor area of any single building shall be devoted to coffee and/or bagel retail store uses. 32.7% of the building is devoted to food/beverage retail uses. b. No individual coffee or bagel retail store use shall exceed 2,000 square feet of gross floor area. A combined coffee and bagel retail store use shall not exceed 4,000 square feet of gross floor area. The combined area of the food/ beverage retail is 3,900 square feet. c. The number of incremental parking spaces required for the coffee and/or bagel retail store use shall be calculated using the parking requirement standard for restaurant uses. Restaurant requires 1 space per 80 sq. ft. of public floor area, or 49 spaces (3900/80=48.75). The property provides 60 spaces, exceeding the requirement. The applicant shall demonstrate that the total parking needs for the site will be met. A portion of the parking area is subject to a cross parking easement with the property now occupied by Culvers. In practice, and based on observations, Culver's customers frequently use 10 -12 spaces on the subject property. d. An individual coffee or bagel retail store use shall be limited to a maximum of 45 seats. A combined coffee and bagel retail store use shall be limited to a maximum of 60 seats. The combined number of seats proposed is 60. The proposed use appears to meet the standards imposed on bagel and coffee stores. Coffee and bagel retail are not defined in the zoning ordinance, though this description is assumed to be similar to Caribou/ Starbucks/ coffee houses and Bruegger's bagel shops, all of which are open