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RESOLUTION NO. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF NEW BRIGHTON RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A SPECIAL USE PERMIT AND NONCONFORMING USE PERMIT. WHEREAS, an application has been made by Don & Cindi Fitch to permit construction of a drive- thru facility at 2200 Silver Lake Road to accommodate Diary Queen/Orange Julius, and WHEREAS, the procedural history of the application is as follows: 1. An application for a Special Use Permit and Nonconforming Use Permit were received on October 28, 2010. 2. The Planning Commission, pursuant to published and mailed notices, held a public hearing on November 16, 2010 and all present were given a chance to freely speak at the hearing. 3. The Planning Commission recommended conditional approval on November 16, 2010. WHEREAS, the Planning Commission and City Council make the following Findings of Fact with respect to the Special Use Permit (SP2010-010) and Nonconforming Use Permit (NC2010-005): 1. The property is zoned B-3, General Business. 2. The property is guided in the Comprehensive Plan for Neighborhood Business. 3. The property is located at 2200 Silver Lake Road, PID # 183023240042, and consists of 42,197 SF of land area. 4. The applicant has proposed to construct a drive-thru facility to accommodate a Dairy Queen/Orange Julius use. 5. The Planning Commission and City Council considered the proposed Special Use Permit in accordance with Zoning Code Section 11-020 (10) which requires drive-thru facilities to meet the following criteria: a. The drive-thru facility does not negatively impact traffic on public rights-of-way. b. A stacking lane shall be provided with a minimum of four spaces per lane in addition to the number of required parking spaces. c. The stacking lane shall be a minimum of twelve feet wide. d. The vehicle stacking lane shall not extend beyond the street right-of-way line. e. The vehicle stacking lane shall be delineated so that vehicles waiting in line will not unreasonably interfere with the primary driving, entrance, exit, and parking facilities on site. Employee -only designated parking may be considered in an effort to comply with this condition. f. Any pedestrian walkway that is adjacent to or crosses the stacking lane must be marked and clearly indicated with signage or painted crosswalk. g. The drive-thru use may be limited so as not to unreasonably interfere with adjacent and nearby uses. Limits of use may include, but is not limited to, prohibition of certain uses that may be inappropriate due to their demand on parking and stacking needs, such as fast food establishments. h. The following hours of operation shall be imposed: 1. For properties abutting R-1, R-lA and R-2: Sunday — Thursday 7:00 AM — 9:00 PM I:\COUNCIL\REPORTS\2010\Community Development\l 1-23-2010\SP2010-010, NC2010-005 (Fitch) - RESOLUTION.doc