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HomeMy WebLinkAbout2002 12-02 MEMORANDUM TO: Northeast Neighborhood Advisory Group: Steve Boone Tom Kouri Michael Snelson FROM: Ronald A. Warren, Planning Commission Secretary DATE: December 2, 2002 SUBJECT: Review of Planning Commission Application No. 2002-018 Submitted by McDonald’s Corporation A public hearing on Thursday, December 12, 2002, has been scheduled for the Planning Commission to consider Application No. 2002-018, which is a request by McDonald’s Corporation for a Planned Unit Development (PUD) Amendment to modify the original Planned Unit Development approval and agreement to allow the construction of an otherwise non- th permitted convenience food restaurant at the southeast corner of 66 and Camden Avenues North. As a member of the Northeast Neighborhood Advisory Group, you are invited to attend and participate, if you wish, in this public hearing. The site mentioned above is one of two restaurant pad sites created for future development as part of the Planned Unit Development (PUD) rezoning and development plan approval for the Regal Theater and surrounding property in 1998. Condition No. 16 of the resolution approving this PUD states “The applicant has agreed and the City acknowledges that it will not allow the development of ‘pad site 2’ and ‘pad site 3’ as a fast food/convenience food restaurant, a gasoline service station/convenience store, car wash, pawn shop or check cashing operation and the development agreement will acknowledge this restriction or limitation on the future use of the property”. McDonald’s Corporation is proposing that the PUD approval and agreement be changed so that they can develop the site with a 4,300 sq. ft., 90 seat McDonald’s restaurant with a drive-up window. Companion Application No. 2002-019 consists of the site and development plan proposal which can only be considered if the City Council ultimately agrees to the amendment which would rescind the convenience food restaurant restriction. The property is currently zoned PUD/C-2 (Planned Unit Development/Commerce) and is subject to the public hearing and development plan approval procedures of the PUD process. Northeast Neighborhood Advisory Group P C App 2002-018 Page 1 Normally Planned Unit Development applications and amendments that are considered by the Planning Commission are referred to the respective Neighborhood Advisory Group. Your group has met on a few occasions to review such proposals. Recently, State Statutes have been amended to require cities to respond to zoning requests within 60 days from the date a properly submitted application has been filed with the City. If no action is taken by the City Council within that time frame, the application is considered to be approved. Our ordinances require publication and a legal notice sent to surrounding property owners for rezoning applications, which require submission of a rezoning application at least four weeks in advance of the Planning Commission’s public hearing. Almost half of the State required 60-day time frame has been used up before the Planning Commission’s public hearing is even held. This requirement makes it almost impossible for the City to hold the Neighborhood Advisory Group meetings we normally have and meet this time requirement. The Planning Commission has instituted a new procedure because it still wishes to receive Neighborhood Advisory Group input with respect to rezoning applications. We now invite Neighborhood Advisory Group members to the public hearing and encourage their participation and comment. A staff report for this application will be completed no later than Tuesday, December 10, 2002, and it will be delivered to you by Police Department personnel for review. This memo is sent to copy you with the notice of public hearing, which is attached, and to let you know that further information will be provided. If you have any questions or comments regarding this matter, please contact me at 763-569- 3300. Thank you. Northeast Neighborhood Advisory Group P C App 2002-018 Page 2