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21 4.0 BACKGROUND 22 4.1 The property at 2700 Lincoln Drive, located in City Planning District 10 has a 2s Comprehensive Plan designation of Community Business (CB) and a corresponding 24 zoning classification of Community Business (CB) District, in which a drive-through 25 facility requires approval as a coN��T�oNAL UsE. The proposed retail store and pharmacy 26 are permitted uses in the CB District. 27 4.2 Section 1009.02E of the City Code requires the applicant to validate an approval of the 2a coN�[TtoNAL UsE by beginning site work related to the proposed drive-through facility. 29 If the approval has not been validated within 1 year, the approval will expire and become so void. 31 32 33 34 35 36 37 38 39 40 41 42 4.3 Since the public hearing held for the proposed coN�iT1oNAL UsE, the property owner has also applied for approval of a PARCEL RECOMBINATION to rearrange the boundaries of existing properties without adding or eliminating parcels; since no public hearing is required for this kind of application, Planning Division staff is bringing it forward with the requested cotv�rTlotvaL usE approval so that they may be considered in combination with one another. A MlNO1z sus�lvisloN application has been submitted in lieu of the preliminary plat/final plat process because § 1104.04E (Minar Subdivision) of the City Code establishes the recombination process to simplify those subdivisions which seek "to divide one recorded lot or parcel in order to permit the adding of a parcel of land to an abutting lot... [in such a way that will] not cause any portion of the existing lots or parcels to be in violation of this regulation or the zoning code." The current proposal meets these criteria. 4s 4.4 According to the procedure established in § 1104.04E, if a�vt�oR suB�rvrsroN application 44 is approved, a survey of the approved parcels, the new legal descriptions, and any 45 necessary Quit Claim or Warranty deeds must be submitted within 30 days for 4s administrative review to verify consistency with the City Council's approval; then the 47 required easements must be prepared, and the easements and legal descriptions must be 4� filed by the applicant with the Ramsey County Recorder. 49 5.0 CONDITIONAL USE ANALYSIS 50 S.1 REVIEW OF GENERAL CONDITIONAL USE CRITERIA: SeCtlOri 1009.02C Of the Clty COde 5� establishes general standards and criteria for all conditional uses, and the Planning 52 Commission and City Council must find that each proposed conditional use does or can 5s meet these requirements. The general standards are as follows: 54 a. The proposed use is not in conflict with the Comprehensive Plan. While a drive- 55 through facility doesn't appreciably advance the goals of the Comprehensive Plan 56 aside from facilitating continued investment in a property, the Planning Commission 5z finds that it does not conflict with the Comprehensive Plan. 58 b. The proposed use is not in conflict with a Regulating Map o� other adopted plan. The 59 proposed use is not in conflict with such plans because none apply to the property. so c. The proposed use is not in conflict with any City Code requirements. By its 6� recommendation, the Planning Commission documented its finding that the proposed 62 drive-through facility can and will meet all applicable City Code requirements; 63 moreover, a coNDiTIONAL vSE approval can be rescinded if the approved use fails to 6�s comply with all applicable Code requirements or any conditions of the approval. PF12-018 RCA_102212 (2) Page 2 of 5