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Cover Memo (2)MEMORANDUM To: Mayor and City Council From: Mindi Hawley, Director of Community Development Date: November 10, 2020 Reference: Consider approval of the ORDINANCE for PD-214R9R-C, 151 Coffee, a zoning change request from PD-2t4R9-C (Planned Development -2t4 Revision 9 -Commercial) to PD- 2t4R9R-C (Planned Development -2t4 Revision 9 Revised - Commercial) to attach a Detail Site Plan for a 857 -square foot building with drive-tlw on 0.7 acres of land, located or the west side of S. Denton Tap Road, approximately 400 feet south of W. Sandy Lake Road and authorizing the Mayor to sign. 2030: Business Prosperity Executive Summary: This proposal is in construct an 857 -square foot coffee shop with an outdoor patio and a dual drive -thin on property that sits between the McDonalds and the Schlorzsky parcels on Denton Tap Road. Introduction: A portion of the lot is developed, with existing parking along the Denton Tap Road frontage. This infill lot has some challenges. It is rather narrow, irregularly shaped, partially developed and approximately half of it is covered with existing access easements. The request is to allow a coffee shop with an 857 -square foot building with 700 -square foot patio and a dual drive -thin. The PD Conditions requested by the applicant are recommended by staff. These relate to perimeter and overall landscape area, sign area and masonry requirements for the menu boards and are outlined below in more detail. 1. The perimeter landscaping is requested to be reduced because the majority of it is constrained due to existing site conditions. 2. The landscape area provided is roughly 24% landscape area as opposed to the 30% landscape area required. The applicant is proposing to use 5% of enhanced paving on the sidewalks adjacent to the building. This will bring their total area to 29%. The irregular shape of the lot with a long drive extension to Sandy Lake is an existing condition that significantly impedes the ability to meet the 30% requirement. 3. The applicant is requesting two 60 -square -foot attached signs (one on the north and south elevations). Typically, the sign area would only be allowed to be one square foot per linear foot width of the building fronting a dedicated street which in this case is 15 square feel. A 15 square foot sign would not be visible from Denton Tap. The building is longer than it is wide. Staff is recommending that the length of the building be used for this measurement. We would also recommend that both the north and south sides be granted this exception. 4. The applicant is requesting a variance to the masonry requirement fo the few menu boards. Analysis: On September 17, 2020, the Planting and Zoning Commission recommended APPROVAL of PD-214R9R- C, 151 Coffee, subject to numerous conditions that were brought forward to City Council. On October 16, 2020, City Council unanimously APPROVED this Planned Development District subject to the following conditions that have been incorporated into the Ordinance. Except as amended herein and as provided in this Ordinance, the property shall be developed and use in accordance with "C Commercial District Regulations as set forth in Ordinance 91500-A-474 which is incorporated herein as set forth in full and hereby republished. Ensure that all lights are shielded from the residential properties to the west and all onsite lighting meets the glare and lighting standards within Article 36 of the Zoning Ordinance. Allow two 60 -square -foot building signs as depicted on the Sign Plan. Allow four menu boards without masonry construction as depicted on the Sign Plan. The hours of operation shall not exceed 5:00 a.m. to 10:00 p.m. Sunday through Saturday. Allow an exception in the interior (puking lot), perimeter and overall 30% landscape area requirements with 24.5% proposed as depicted on the Landscape Plan. Tree Removal Permit required prior to start of construction. The speakers on the north and south elevations below the drive-thm canopies shall face east toward Denton Tap. The sound shall be kept at a level that is non-offensive to the neighboring properties and played only between the hours of 7:30 a.m, and 8:00 p.m. Legal Review: The City Attorney reviewed this Ordinance Fiscal Impact: None Recommendation: The Planning Department recommends APPROVAL. Attachments: L Ordinance 2. Exhibit A— Legal Description 3. Exhibit B —Detail Site Plan 4. Exhibit C —Landscape Plan & Tree Survey 5. Exhibit D—Elevations 6. Exhibit E — Sign Plan