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Council approves conditional-use permit for Buena Beef drive‑through with DOT‑linked safety conditions
Summary
The council approved a conditional use permit for a drive-through at Buena Beef and Rainbow Cone at 8767 S. Howell Ave., imposing queue limits and a condition tied to Wisconsin DOT crash criteria that could later force a right‑out restriction at the owner's expense.
The Oak Creek Common Council on May 6 approved a conditional use permit for a two‑lane drive‑through at Buena Beef and Rainbow Cone, a proposed restaurant at 8767 South Howell Avenue.
Christie Lane, the city’s Community Development Director, told the council the permit applies to the drive‑through feature; a restaurant is a permitted use in the B4 business district. The proposal calls for a 4,700‑square‑foot building with hours of 10:30 a.m.–10:30 p.m. Sunday–Thursday and later closings on Fridays and Saturdays. Staff said the applicant estimates about 400 customers per day with roughly 40% using the drive‑through.
The Planning Commission recommended approval on March 25. The city and the Wisconsin Department of Transportation reviewed a traffic impact analysis and agreed the DOT’s crash‑warrant thresholds were satisfied for a northbound left‑out at the combined driveway, but the DOT required the closure of an existing northern driveway. Christie Lane described an agreement that if a certain number of crashes occur within a three‑year period under the DOT’s criteria, the DOT would require the developer, at the developer’s expense, to install a “pork‑chop” median treatment (or similar restriction) that would prevent exiting northbound (i.e., force right‑out only).
Council members asked about enforceability of the queue limit (maximum 18 vehicles in the drive‑through) and the process by which the city would secure the DOT‑required improvements. Lane said the city would be the enforcing entity for any MOU with DOT and that the cost of any required safety modification would be the property owner’s responsibility. A representative of the applicant, who identified himself as Peterson from Veterans Parkway, said he was “excited to have the chance to come join your community.”
The council adopted the resolution approving the conditional use permit (Res. No. 12576-050625) by roll call; the motion was made by Alderman Kuzikowski and seconded by Alderman Bill (record shows "Bill a second").
