Action Summary:
title
Application for Special Use Approval to include a drive through restaurant within a retail development on 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.
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 Unified Development Code allows drive through restaurants in this zoning district with Special Use Approval. Assuming the original zoning conditions are changed to remove the prohibition against drive through restaurants at the Silverbrooke Mixed Use Development, the applicant has submitted an application for special use approval.
Standards to evaluate in considering application:
(a)Whether the proposed special use is consistent with the stated purpose of the zoning district in which it will be located;
The proposed drive through is consistent with the state purpose of the mixed use zoning district where it will be located.
(b)Whether the establishment of the special use will impede the normal and orderly development of surrounding property for uses predominate in the area;
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 location and character of the proposed special use are consistent with a desirable pattern of development in general;
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 the type of street providing access to the use is or will be adequate to serve the proposed special use;
The nearby roads can handle the added volume without congestion or safety issues.
(e)Whether access into and out of the property is or will be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles;
The site can accommodate traffic and pedestrian circulation and access by emergency vehicles.
(f)Whether public facilities such as schools, water or sewer utilities, and police or fire protection are or will be adequate to serve the special use;
The adjacent parcels are developed with commercial, retail and residential uses and are adequately served by government services and utilities.
(g)Whether refuse, service, parking and loading areas on the property will be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor;
The conditions are now established with mature landscaping and berm that will help mitigate potential noise and light impacts.
(h)Whether the hours and manner of operation of the special use will have adverse effects on other properties in the area; and
The mature landscaping will help mitigate potential impacts from noise and increase traffic circulation. The design and improvements should be developed in a manner to lessen any potential impacts on the properties in the area.
(i)Whether the height, size or location of the buildings or other structures on the property are or will be compatible with the height, size or location of buildings or other structures on neighboring properties.
If designed thoughtfully-with attention to traffic, noise, and aesthetics, it can be a compatible addition to a mixed-use area. The city’s design standards will require compatibility in architectural design with the surrounding properties.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. Low-volume speakers should be used and lighting directed away from residential properties.
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.