09-26-2016 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, September 12, 2016 7:00 o'clock p.m. 13. #16-3856 SARYAN CUISINE DEVELOPMENT, LLC, ON BEHALF OF PAUL AGRE COMPANY, 2380 SHADYWOOD ROAD, CONDITIONAL USE PERMIT (continued) 2. 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. 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. A restaurant requires one space per 80 square feet of public floor area or 49 spaces. The property provides 60 spaces, which exceeds the requirement. A portion of the parking area is subject to a cross parking easement with the property now occupied by Culver's. In practice, and based on observations, Culver's customers frequently use 10-12 spaces on the subject property. 4. 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 being proposed is 60. The site plan provided by the applicant shows 68 parking spaces. Based on parking requirements for 3,900 square feet of restaurant, 49 parking spaces are required. There are 18 parking spaces along the east property line, which are subject to a parking and access easement with the neighbor to the east. Both parcels have rights to these spaces. The restaurant parking requirements are based on the public areas of the restaurant. The use of the building for production bakery could generate additional parking demand. Applying a manufacturing designation to the production kitchen and backroom area would require 14 spaces. The site provides adequate parking for both uses since both uses occur at different times. Barnhart illustrated the parking areas and driveway on the overhead. The Planning Commission reviewed the proposal at their August meeting. Their approval included two conditions: outdoor seating would require a reduction in indoor seating, and liquor is not to be served. In both situations, these features would negate the designation of coffee/bagel retail, requiring an ordinance amendment. Barnhart stated the applicant has some additional information he would like to present time. Staff and the Planning Commission recommend approval. Terrill Fridley, Attorney -at -Law, stated they looked at this site and recognized that it had the right characteristics for a bagel/coffee shop. The back side of the building has a great vegetative buffer to the only single-family house in the area and to the east there is another vegetation buffer. There is no direct street connection between this commercial use and any of those residential access points. In addition, there is a bike trail on the northeast corner of the building to Olive Avenue, which will be maintained. Fridley commented the vegetation provides natural buffering from any vehicle lights and noise. Page 7 of 34