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City of <br />Elk az <br />— <br />River <br />Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />7.4 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearin <br />October 19, 2015 <br />Chris Leeseber , Senior Planner <br />Item Description <br />Reviewed by <br />Conditional Use Permit (CUP) to Allow Drive- <br />Zack Carlton, Planning Manager <br />Through at Panera Bread Cafe <br />Reviewed by <br />Cal Portner, City Administrator <br />Action Requested <br />Approve, by motion, the Conditional Use Permit with the following conditions: <br />1. The Conditional Use Permit shall not be recorded until all applicable conditions have been <br />substantially completed. <br />2. The authorized use shall not begin until the Conditional Use Permit is recorded. <br />3. If the authorized use ceases for more than six months, the Conditional Use Permit shall expire. <br />4. The Conditional Use Permit is not a building permit and the applicant must apply for and receive <br />approval of required building and sign permits before construction may begin. <br />5. The building shall meet all building and fire codes. <br />6. The fire chief shall verify the location of all fire hydrants, and may require additional hydrants <br />necessary to preserve the health and safety of the residents. <br />7. An Encroachment Agreement with Great River Energy shall be provided to the city before a <br />building permit will be issued. <br />Background/Discussion <br />The applicant requests a CUP to construct an approximately 400 square foot building addition (drive <br />through) on the south side of the existing Panera Bread restaurant. The property is located in the Elk <br />River Crossing Planned Unit Development which requires a CUP for Class I & II Restaurants. They <br />received CUP approval when the facility first opened and subsequent expansions also need to be <br />reviewed via the CUP process. <br />Planning Commission Meeting Summary <br />The Planning Commission reviewed the application and questioned if there was adequate space between <br />the back wall and the drive lane where many of the tenant's doors open. There is a sidewalk still in place <br />and the submitted site plans show approximately 3'-6" of space between the building and the drive lane. <br />The doors on the back of the building open in a 3' arc, providing 6" of clearance. <br />The Planning Commission unanimously recommended approval of the request. <br />Financial Impact <br />None <br />Attachments <br />■ Planning Commission Memo dated September 22, 2015 <br />P a w E A E U s r <br />Template Updated 4/14 INIM <br />UREI <br />