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HomeMy WebLinkAboutZ-4384-B Staff AnalysisJanuary 10, 19 9.5 ITEM NO.: 10 FILE NO.: Z-4384 B NAME: LOCATION: Elliott Pizza and Sandwich Shop - Conditional Use Permit 13420 Otter Creek Parkway, Suite #1 OWNER/APPLICANT: The Circle K Corporation/Gary Elliott PROPOSAL: A conditional use permit is requested to allow an "eating place without drive-in service's in one bay of this C-1 zoned, shopping center. The proposed use is a pizza and sandwich shop with no dine -in facilities. The applicant Provides food available for take- out or delivery only. ORDINANCEDESIGN STANDARDS: 1. Site Location The property is located at the northwest corner of Otter Creek Parkway and Stagecoach Road. 2. Comuatibil_ity with Neighborhood The applicant is proposing to occupy one, 20 foot by 50 foot bay within an existing, 10,250 square foot commercial center. The shopping center property is located within a large C-1 zoned node at the intersection of Otter Creek Parkway and Stagecoach Road. A large, C-2 zoned property is located across the Parkway to the south. An area of multi- family zoning separates these commercial properties from the large Otter Creek residential development to the west. The proposed use of one bay within an existing commercial center is compatible with the neighborhood. 3. On -Site Drives and Parkin The site contains an existing, 10,250 square foot commercial building. If the application is approved, the mixture of uses and required parking will be as follows: a. Convenience store; 2,650 square feet, 12 spaces required. b. Office; 27,750 square feet, 7 spaces required. C. General commercial; 2,750 square feet, 9 spaces required. January 10, 1995 SUBDIVISION ITEM NO.: 10 (Cont._) FILE NO.: z -4384-B d. Beauty shop; 1,000 square feet, 5 spaces required. e. Proposed take-out restaurant; 1,000 square feet, 10 spaces required. The proposed use mixture requires a total of 43 on-site parking spaces. There are a total of 44 spaces on the site plus 4 stacking spaces at the gas pump islands. 4. Screening and Buffers No building or parking lot expansion is proposed. This proposed use of one bay of an existing, commercial center does not generate the requirement of additional screening or buffers. 5. City Engineer Comments No comments 6. Utility Comments No comments 7. Analysis The applicant requests a conditional use permit to allow the use of one, 20 foot by 50 foot bay within an existing, C-1 zoned shopping center as an "eating place without drive-in service." The proposed use is a pizza and sandwich shop with no dine -in facilities. All food prepared at this site will be available for take-out or delivery only. Although the parking requirement for this use is calculated at 1 space per 100 square feet of gross floor area, the same as a dine -in restaurant, the proposed take-out only sandwich shop should not generate the same level of parking requirement. Staff feels that the proposed restaurant with no dine -in service is a reasonable use for this property and supports the application. 8. Staff Recommendation Staff recommends approval of this application subject the restaurant not providing dine -in services and being limited to take-out or delivery only. Should this proposed use vacate the site, only an approved C-1 use or a similar take- out restaurant with no dine -in services can occupy the site. 2 January 10,' 1998 SUEDIVISIO ITEM NO.: 10 frnnt, FILE NO.: Z -4384-S SUBDIVI53ION COMMITTEE COMMENT: (DECEMBER 22, 1994) The applicant was not present. Staff informed the Committee that the applicant had filed the application on December 22, 2 1/2 weeks after the filing day, and was asking to be placed on the January 10, 1995 Planning Commission agenda. The Committee asked staff if placing the item on the agenda at this late date would create any problems for staff review. Staff responded that it was reluctant to accept a late filing, but this issue was simple and uninvolved and staff felt that a timely review could be accomplished. The Committee determined that it was appropriate to place the item on the January 10, 1995 agenda. A brief discussion then followed concerning the proposed use. The Committee felt that the proposed use as a take-out only restaurant was an appropriate use, but felt that any approval should include the limitation that any subsequent use of this bay is to be limited to an approved C-1 use or a similar take-out restaurant with no dine -in services. The Committee then forwarded the item to the full Commission. PLANNING COMMISSION ACTION: (JANUARY 10, 1995) The applicant, Gary Elliott, was present. There were no objectors present. Staff presented the item and informed the Commission that there were no outstanding issues. The item was placed on the Consent Agenda for approval subject to the conditions as outlined in the Staff Recommendation. The vote was 10 ayes, 0 noes and 1 absent. 3