City of Oak Creek

Common Council Report

Meeting Date:  May 16, 2006

Item No.:

Recommendation:  That the Council adopt Ordinance No. 2407, authorizing the issuance of a conditional use permit for restaurant with drive-through facilities for the properties at 9441 and 9471 S. 13^th Street.

Background McDonalds Corporation is planning on razing their existing restaurant at 9471 S. 13^th Street and constructing a new one in its place.  The existing property has a drive-through facility, which was a permitted use under the B-4, Highway Business zoning district when this restaurant opened.  Last year the City changed the Zoning Ordinance making all restaurants with drive-through facilities a conditional use in all business zoning districts. Since they are constructing an entirely new restaurant they need to comply with the current zoning ordinance.

It should be noted that this property is part of a larger PUD.  The existing PUD permits restaurants but does not specifically mention drive-through facilities as a permitted use.  There are instances where properties governed by a PUD have a Conditional Use as well. One example would be the gasoline station and car wash at the southeast corner of S. 27th Street and W. Ryan Road. At this time, the request is only for a conditional use.  The City could require, if it felt necessary, that the applicant amend the entire PUD ordinance to allow for drive through facilities, though staff feels that limiting the conditional use for a drive-through to the McDonald’s property provides the City with more oversight and control.

The new McDonald’s will be constructed in the same spot as the existing but will feature updated architecture and a more attractive appearance as well as a new dumpster enclosure.  The parking lot, for the most part, will remain the same.  The new drive-through will have two ordering stations with cars then merging into one lane for payment and pickup.   A site plan and elevation drawings are included with this staff report however the applicant will need to return to the Plan Commission for detailed site, building, and landscaping plan approval if the Common Council grants the conditional use permit.

The Plan Commission has reviewed this request and has recommended its approval.

Fiscal Impact:  There are no outstanding special assessments on this property. The fiscal impact to the City would be minimal, since this new restaurant is replacing the existing building.

Prepared by: Doug Seymour, AICP Director of Community Development

Respectfully submitted, Patrick DeGrave City Administrator

Fiscal Review by:

Beverly A. Buretta, CMC

City Clerk