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August 27, 1997 Plan Commission Minutes Page 2 parking and loading areas in accordance with the standards contained in the Zoning Code. The Chairperson called upon the applicant. Gregory Rose, Assistant City Manager stated that the on September 8, 1997 the City Council will be vacating the land known as the “public plaza.” The proposed amendments to the conditional use will serve to continue the use of the property as is. Chairperson Solodar called on Planning Director, Al Goldman to provide the staff report. Mr. Goldman stated an amendment to Conditional Use Permit CU 257 is necessary in order to maintain control over the public plaza at the Market in the Loop when the City vacates the portion of Heman Avenue that contains the public plaza. Further, some of the conditions pertaining to the restaurant use in the Market have been re-written for ease of enforcement. The conditional use as amended will meet all of the standards for conditional use contained in Section 34-65.4 of the Zoning Code. The following conditions are recommended in order to provide the necessary controls and maintenance of the public plaza: 1) The hours of public use shall be limited to those after 7 am and before 11 pm. 2) Carry-out restaurants shall be permitted within the existing structures without the need for separate conditional use approvals. 3) Operators of restaurants shall regularly police the common areas of the premises to remove litter and debris. 4) A sufficient number of trash containers for patron use shall be provided on the premises and shall be regularly emptied and maintained. 5) Adequate refuse disposal shall be provided for the businesses on the premises. 6) The premises include the enclosed market buildings, the open market building with it’s vehicular service areas and pedestrian areas, and the public plaza located between the building at 6631 Delmar and the building at 6655 Delmar. 7) The public plaza shall not be used for parking of any manner. 8) No buildings shall be constructed on any part of the public plaza. 9) The improvements in the public plaza including planters, lighting and concrete work shall be maintained and kept in good repair; and no changes or additions shall be made to such improvements without the prior approval of the City Council. 10) Portable outdoor furniture shall be removed from the public plaza and suitably stored during the months of January and February. No storage of outdoor furniture or other items shall be permitted in the public plaza. Mr. Price asked how the city will maintain control over the property after it is vacated. Mr. Rose stated that the city is retaining a sewer/utility easement on the property. Chairperson Solodar opened the public hearing and asked for testimony from the public. Audrey Ichida, 722 Kingsland, stated that she rents adjacent to the parking lot behind the market and is concerned about the noise level. No other members of the public indicated a desire to speak, so the public hearing portion of the meeting was closed. Ms. Glassman stated that a condition pertaining to the noise level could be added if the commission desired. Mr. Self stated that there is already an ordinance in place concerning noise. Mr. Walsh stated that a condition could state that the use be operate in compliance with the noise ordinance. The Plan Commission determined that the evidence presented to the Plan Commission supports the m-8-27.plc