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Case File: CU 07-31 <br />Page 3 <br />Overview <br />Sonic Restaurant <br />Sonic Restaurant is proposing to locate at the former Burger Time site on Main Street. The <br />development plan includes the removal of the existing restaurant building. This type of restaurant <br />requires a Conditional Use Permit in the C-3 zone, as the lot is not platted, ~ plat ~s also required- <br />Staff is processing the preliminary and final plat at the same time. <br />Applicable Regulations <br />Subdivision <br />These findings are necessary for the city council approval of the preliminary plat and the final plat: <br />(7) The proposed subdivision is consistent with the honing regulations (article VI of this chapter) and <br />conforms in all respects with all requirements of this Code, including the honing regulations and this article. <br />(2) The proposed subdivision is consistent with all applicable general and specialised city, county, and <br />regional plans, including but not limited to, the city's comprehensive development plan. <br />(3) The physical characteristics of the site, including but not limited to topography, soils, vegetation, <br />susceptibility to erosion and siltation, susceptibility to flooding and drainage are suitable for the type and <br />density of development and uses contemplated. <br />(4) The proposed subdivision makes adequate provision for water supply, storm drainage, sewage <br />transportation, erosion control and all other services, facilities and improvements otherwise required in this <br />article. <br />(S) The proposed subdivision will not cause substantial environmental damage. <br />(6) The proposed subdivision will not conflict with easements of record or with easements established by <br />judgment of a court. <br />(7) The proposed subdivision will not have an undue and adverse impact on the reasonable development of <br />neighboring land. <br />(8) Theproposed subdivision is notpremature. A subdivision ispremature if any of the following exists: <br />a. Lack of adequate stormwater drainage. <br />b. Lack of adequate roads. <br />c. Lack of adequate sanitary server systems. <br />d. Lack of adequate o~-site public improvements or support ystems <br />In the review of the standards for Final Plat as outlined, it appears that the request is consistent with <br />all of these standards. <br />Conditional Use Permit <br />The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: <br />7. Will not endanger, injure or detrimentally affect the use and enjoyment of other propery in the immediate <br />vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the <br />city. <br />2. Will be consistent with the comprehensive plan. <br />3. Will not impede the normal and orderly development and improvement of surrounding vacant proper y. <br />4. Will be served adequately by and will not adversely a~ect essential public facilities and services including <br />streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and <br />S:\PLANNING\Case Files\CUP\CU 07-31 Sonic\PC 12.11.07.doc <br />