City Council Meeting January 13, 2014

1. Consideration of a Call for ReviewConditional Use Permit #6084Proposed Chick-Fil-A Restaurant 1700 East Colorado Boulevard City Council MeetingJanuary 13, 2014

2. Call for Review Before the City Council is a request for a call for review of a decision made by the Hearing Officer. • If the Council decides to Call for Review, a hearing will be scheduled before the Board of Zoning Appeals. • If the Council decides to not Call for Review, and an appeal is not filed by 5:00 p.m. on January 14, 2014, the decision of the Hearing Officer is effective.

3. Hearing Officer Action • December 18, 2013: Hearing held • One speaker in opposition – concerned about noise and truck loading/unloading and traffic on Meridith Avenue • Believes drive-through use is incompatible with residential uses to the south and east of the project site • December 19 to 30, 2013: Appeal period • December 31, 2013: Effective date of decision • December 30, 2013: Councilmember Tornek called item for review • If there is a Call for Review, the appeal period continues to run(PMC Section 17.72.060.B.4)

4. Requested Entitlements • Minor Conditional Use Permit: To allow expansion of an existing fast food restaurant with a drive-through (‘Burger King’) from 3,094 square feet to 4,598 square feet, for a new fast food restaurant (‘Chick-Fil-A’) with drive-through service. Drive-through service is no longer permitted in the ECSP-CG-2 zoning district, thus, the existing drive-through is a legal, non-conforming use. Approval of a Minor Conditional Use Permit is required for the expansion of a legal, non-conforming use. • Private Tree Removal: To allow the removal of two protected trees (one Chinese Elm and one Southern Magnolia). Two findings to allow removal were made: • Substantial hardship, and • Replacement of trees with new landscaping plan (including 21 new trees) for entire site, consistent with Replacement Matrix guidelines of Tree Protection Ordinance

5. Project Description • Project: • Expand existing 3,094-square foot restaurant building to 4,598 square feet (net new 1,504 square feet); • Reconfigure existing drive-through lane into two partial lanes; • Retain 49 parking spaces, repave and re-stripe surface parking lot; • Remove two protected trees, new landscaping plan for the site, including 21 new trees; • Retain existing hours of operation (6:00 a.m.-11:00 p.m., Mon to Fri, and 6:00 a.m. - 1:00 a.m., Sat & Sun); however, to be closed on Sunday • Retain one non-conforming freestanding pole sign, install four new business identification wall signs: subject to separate Building permits. • Design Review is required for the proposed exterior remodel • Design & Historic Preservation staff continues to work with applicant on the exterior remodel of the building

6. MCUP Review Components Expansion of a drive-through component of the restaurant involves meeting specific findings for Drive-Through Businesses (per Section 17.50.090), in addition to the findings for Minor Conditional Use Permit. HO considered the following: Queuing study – to determine if drive-up service would interfere with traffic circulation within the parking lot or surrounding streets; Litter Clean-up Plan – to ensure site maintenance through scheduled trash collection & disposal; includes litter control, covering entire site; Traffic Study – to determine if proposed additional floor area would cause significant impact to street intersections and street segments; Hours of Operation – project will retain current hours, but closed on Sunday Off-Street Parking and Loading – project will provide 49 spaces, meets code-required 46 spaces

7. Proposed Site Plan

8. Rendering of Proposed Remodel

9. Consideration of a Call for ReviewConditional Use Permit #6084Proposed Chick-Fil-A Restaurant 1700 East Colorado Boulevard City Council MeetingJanuary 13, 2014

10. Site Plan

11. Tree Removal Request • Request to remove two protected specimen trees: • One Chinese Elm (Ulmusparviflora): 23” DBH, located along south property line, has damaged block wall between parking lot and adjacent residence; • One Southern Magnolia (Magnolia grandiflora): 21” DBH, located in a landscaped strip between the parking lot and existing drive-through lane, is in the path of the proposed dual-lane drive-through. • Two findings to allow removal were made: • Substantial hardship; and • Replacement of trees through a new landscaping plan for entire site, consisting of 21 new trees, consistent with the Replacement Matrix guidelines of the Tree Protection Ordinance

12. Findings to support MCUP approval MCUP findings: Proposed use is allowed with a Minor Conditional Use Permit within the zoning Location of proposed use complies with special purposes of the zoning district Proposed use in conformance with goals, policies, objectives of Gen plan Establishment, maintenance or operation of use would not be detrimental to health, safety or general welfare of the neighborhood As conditionally approved, use would not be detrimental or injurious to property & improvements in the neighborhood Design, location, operating characteristics & size of use would be compatible with existing & future land uses in the vicinity Parking & circulation plan will provide adequate area for safe queuing & maneuvering of vehicles, buffering from adjoining land uses Drive-through location will not result in adverse impacts on vicinity