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♦ K <br /> DEVELOPMENT SERVICES MEMORANDUM <br /> No. 12-16 <br /> March 14, 2012 <br /> TO: Honorable Mayor Michael T. McElroy and City Council <br /> FROM: Ryan P. McCrady, City Manager <br /> Billy Tyus, Assistant City Manager <br /> Suzan M. Stickle, Senior Planner <br /> Joselyn A. Stewart, Transportation Planner <br /> SUBJECT: Rescind Conditional Use Permit and repeal Ordinance No. 2008-53 and Grant <br /> Conditional Use Permit for a drive-thru coffee facility in the B-1 District at 2505 <br /> North Main Street <br /> SUMMARY RECOMMENDATION: Staff recommends approval to rescind a Conditional Use <br /> Permit and to grant a Conditional Use Permit to allow for a drive-thru coffee facility in the B-1 <br /> District. The City Plan Commission voted 6-0 to recommend approval of these petitions at the <br /> March 1, 2012 meeting; the minutes of the meeting are attached. <br /> BACKGROUND: The Decatur City Council approved a Conditional Use Permit(CUP)to allow for <br /> a drive-thru coffee facility in the B-1 Neighborhood Shopping District at 2505 North Main Street on <br /> July 21, 2008. <br /> It was brought to the City's attention that the property owners now want to sell off part of their <br /> property to allow for a new development to the west of their existing coffee shop. After discussions <br /> with the corporation counsel it was concluded that the old CUP would need to be rescinded and a <br /> new CUP would need to be applied for because the original CUP includes the property proposed for <br /> new development and the CUP only allows for the Coffee Connection. <br /> The first petition requests termination of the conditional use permit. Staff respectfully requests to <br /> rescind Ordinance No. 2008-53. <br /> The second petition requests a conditional use permit to allow the use of a drive-thru coffee facility. <br /> A drive-thru facility located in the B-1 District requires a Conditional Use Permit. The site currently <br /> holds a CUP that also includes property west to Church Street. The requested CUP will only include <br /> the Coffee Connection facility property which is .69 acres. <br /> POTENTIAL OBJECTION: There were no known objectors at the Plan Commission Meeting. <br /> INPUT FROM OTHER SOURCES: The Conditional Use Permit has been reviewed by the City's <br /> Technical Review Committee; Planning, Engineering and Fire have approved the proposed plan. <br /> STAFF REFERENCE: Any additional questions may be forwarded to Joselyn A. Stewart at 424- <br /> 2782 or at istewartgdecaturil.-og_v. <br /> BUDGET/TIME IMPLICATIONS: None. <br />