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. . February 26, 1992 Plan Commission Meeting Minutes Page 2 early morning hours appears to be an open invitation for robbery. He recommends the rejection of this request. Mr. Goldman further stated that last December, Christmas tree sales were conducted on the lot, blocking access to the parking. In order to avoid this problem in the future, it is suggested that a condition be added to the effect that no outdoor sales of any type shall be permitted without the express approval of the City Council as an amendment to this Conditional Use permit. Further, he stated that the landscaping has not been installed. The landscaping situation is as follows: Mr. Bell proposed installing the landscaping in five phases. The Plan Commission recommendation of May 22, 1991 made it clear that phasing was not acceptable and the final conditions approved by the City Council on July 8, 1991 did not include phasing. On September 19, 1991 a conditional occupancy permit was issued with a January 15, 1992 deadline for the completion of all landscape work. The paving was cut out in the areas shown on the landscaping plan and the landscaping plan was reviewed and approved with a number of changes with the request that the landscaping plan be resubmitted with the revisions shown on the plans. In January, 1992 Mr. Bell requested an extension for time until March 27, 1992 for the completion of the landscaping installation; which the City Council granted. Mr. Goldman recommends no action be taken by the Plan Commission until all landscaping work is satisfactorily completed and that the application be held over for the March 25, 1992 meeting of the Commission. The Chairperson asked the members of the Commission if they had questions for Mr. Goldman or the applicant. Mr. Marsh asked the applicant whether the landscaping had been installed yet. Mr. Bell replied that it had not, but that his present situation stemmed from his hours of operation being limited, which cuts down on his sales 30% - 40% and therefore he is unable to install the landscaping. He stated that it is normal for restaurants serving african-american cuisine to be open later. He stated that he was a good tenant and had not received complaints about increased traffic or trash. He also states that he will have the landscaping done prior to his March 27, 1992 deadline. Mr. Kendall asked Mr. Bell whether he had control over the Christmas trees. Mr. Bell stated that the Christmas trees had been sold on that property for as long as he could remember and he assumed that his land-lord, the tree-seller, had a permit to do so. Mr. Hill stated that the owner does not have a commercial occupancy permit to sell trees on that lot. Mr. Goldman stated that the tree sales interfered with the approved parking plans under the original use permit. Mr. Safe asked Mr. Goldman what the hours of operation for other business establishments in that area were. Mr. Goldman did not have that information. Mr. Bell stated that other operations in the area stayed open late, and that is why his business is suffering. m-2-26.plc