Action Summary:
title
Rezoning to change conditions of zoning relating to drive-through restaurant
MIT
MIT Supported - Mark All Applicable
☐ Critical Staffing Needs (staffing shortages, retention)
☒ Financial Stability/Sustainability (diverse tax base)
☐ Safety & Protecting Community (code enforcement, stormwater)
☐ Commercial Development
☐ Downtown Development
☐ Tourism (increase share; museum should equitably represent community; events)
☐ Downtown Parking (address parking needs)
☐ Youth Program/Council (community center for youth and seniors; learning gap)
☒ Prepare for Growth and Development (infrastructure in place; annexation; curb cuts; recycling, signage)
staffnotes
Staff Notes
Applicant desires to construct retail buildings, to include a drive through Dunkin Donut establishment on the vacant property next to the Governor’s Gun Club at the intersection of US 278/CH James & Sterlilngbrooke Drive in Land Lot 671 - PIN 19067100090.
The conditions of zoning approval for the Silverbrooke Mixed Use Development prohibited drive through restaurant. Applicant desires to modify this condition.
Standards to evaluate in considering application:
(a) Whether the proposed zoning district and uses within that district are compatible with the purpose and intent of the comprehensive plan.
The proposed drive through is compatible with the purpose and intent of the comprehensive plan.
(b) Whether the proposed zoning district and uses permitted within that district are suitable in view of the zoning and development of adjacent and nearby property;
Drive-through restaurants often complement commercial and retail zones by increasing foot traffic and offering convenient food options for shoppers and workers, including those living in the residential properties. Impacts that could result from noise, traffic and hours of operation are mitigated by the landscaping berm and buffer.
(c)Whether the existing use or usability of adjacent or nearby property will be adversely affected by one or more uses permitted in the requested zoning district;
The nearby roads can handle the added volume without congestion or safety issues and if the development includes pedestrian pathways, the nearby residential properties will encounter a safe and walkable area offering neighborhood services. The restaurant should blend with the architectural character of the area, especially as it is near residential structures
(d)Whether there are substantial reasons why the property cannot or should not be used as currently zoned;
The property has been vacant for over twenty years, and the concern about drive through restaurants can be mitigated by the now established and mature landscaping berm and buffer.
(e)Whether public facilities such as roads, schools, water and sewer utilities, and police and fire protection will be adequate to serve the proposed zoning district and uses permitted;
The adjacent parcels are developed with commercial, retail and residential uses and are adequately served by government services and utilities.
(f)Whether the proposed zoning district and uses permitted within that zoning district are supported by new or changing conditions not anticipated by the comprehensive plan or reflected in the existing zoning on the property or surrounding properties; and
The conditions are now established with mature landscaping and berm that will help mitigate potential noise and light impacts.
(g)Whether the proposed zoning district and uses permitted within that zoning district reflect a reasonable balance between the promotion of the public health, safety, morality or general welfare and the right to unrestricted use of property.
The proposed retail development and drive through balances the needs of commercial vitality with the quality of life in adjacent residential areas. If designed thoughtfully-with attention to traffic, noise, and aesthetics, it can be a compatible addition to a mixed-use area.
The site design should mitigate potential hazards or impacts to preserve the neighborhood qualify of life (e.g., safe ingress/egress, adequate stacking space), provide safe pedestrian access and crossings to make the area walkable and confirm that emergency vehicles can access the site without obstruction. The project may bring jobs, increase tax revenue, and enhance local services.
Recommendation: Approve with conditions:
1. The architectural style should blend and complement existing improvements on adjacent properties;
2. Design of layout should give consideration to mitigating potential impacts to nearby residential properties.
3. All exterior lighting should be shielded and directed downward to minimize light spill into residential areas.
4. Use low-volume speaker systems for the drive through.
5. Install safe and efficient access points that do not conflict or specifically accommodate pedestrian crossings.
6. Provide adequate stacking space to prevent vehicles from interfering with traffic movement.