1991-07-24 - Laserfiche WebLink

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. . Minutes - Plan Commission, July 24, 1991 Vice Chairperson Marsh asked Mr. Goldman to report on the staff review. Mr. Goldman explained that this application had been on the agenda for the last meeting but that nobody had appeared as the applicant's representative and that the matter had been continued to this meeting. Mr. Goldman explained that a carry-out restaurant requires a conditional use permit in the "GC" - General Commercial District. This small parcel has a history of marginal uses and long periods of vacancy. He stated that this particular use for the lot was appropriate, provided the usual carry-out conditions are attached. The site development is acceptable if tree planting is added to the development. A total of three or four trees will be sufficient. Additionally, the curb cut on Olive should be removed, replacing the curb and the concrete pavement south of the building so that trees and grass can be planted. The area north of the parking lot should also be converted to a planting area with grass or shrubs. He stated that the staff recommended approval with conditions on signs, landscaping, litter and debris removal, on-premise trash containers, refuse disposal, exhaust systems and operational hours. The Chairperson asked for comments from the public. No one asked to be heard. Mr. Safe inquired whether Esther Nall, a member of the public who had appeared to testify at the previously scheduled meeting, had been informed of this meeting. Mr. Hill replied that he had mailed notice to Esther Nall. Mr. Goldman stated that Esther Nall had also been informed of the continuation of this hearing at the previous meeting. The public hearing was closed. Mr. Price asked the applicant if the hours of operation were sufficient. Ms. Brown answered that they were. Ms. Kreishman asked the applicant if all of the conditions stated by Mr. Goldman were acceptable. Ms. Brown replied in the affirmative. Jon MacGoy, the operation's architect brought up the concern that catering operations might have to operate later than 10:00 p.m., especially during holidays. Mr. Safe inquired about the difference between carry-out restaurant and catering. Mr. Goldman explained that catering itself is more like manufacturing of food with subsequent delivery. Carry-out would allow a customer to walk into the restaurant to buy a sandwich. Mr. Goldman also stated that if it was the desire of the commission to limit only the "sales/carry-out" hours, the condition should be re-worded to state that. Mr. Foxworth asked Ms. Brown whether she would be willing to suspend carry-out restaurant work after 10:00 p.m. but allow the catering operation to run on later if she wished. Ms. Brown agreed. Mr. Goldman stated that he had no concerns about interference with residential uses in the area due to the distance from location from residential uses. It was decided that the hours of operation for the carry-out restaurant should be limited to the hours between 6 a.m. and 10 p.m. Mr. Safe inquired how the staff enforces landscaping requirement compliance. Mr. Goldman answered that most of the time landscaping is installed after occupancy because of the seasonal nature of landscaping planting. He added that sometimes landscaping is a requirement prior to occupancy in special situations. Mr. Goldman also stated that the landscaping requirements becomes a violation of the conditional use permit and the violator can be taken to Court for violating the permit. Mr. Safe stated that he felt that future landscaping requirements should be more heavily tied to getting the job done. The recommendation for carry-out restaurant hours 2