3_Exhibits A & C-F - Laserfiche WebLink

traffic study, or Chick-Fil-A. Another second Chick-Fil-A because the first one was so successful, would that come back to us? Or would we be giving permission for just a drive-in use? Luchini: So there are a couple of factors at play there. One would be obviously the uses that would be approved with a PUD whether or not restaurant facilities would be approved or I guess if we're looking at coffee shops; a drive-thru coffee shop versus a drive-thru fast-food restaurant. Secondly, the use permit would remain valid on the property but then they would have to operate within the same parameters and if they were to go outside of the perimeter and generate more traffic or things like that, we would evaluate that at that point in time. Commissioner Allen: And a use permit would be needed? So we sort of are granting it to the parameters we're defining. Luchini: Correct, within the current confines of the traffic study that's been prepared. Weinstein: So as currently proposed in the list of uses that you have as an attachment to the staff report, restaurants and soda fountains including drive-ins and take-out food establishments are not a recommended or a conditionally permitted use in this PUD. Beaudin: I actually think it's kind of a fine hair split and Julie and I were just discussing this. The difference between a Starbucks these days and a lot of other kinds of restaurants, fast- food restaurants isn't that great. They're starting to serve more food and certainly have a wider menu for varying locations. So we wouldn't be approving their menu. It wouldn't be that level of detail so I think it actually might be a little difficult for us to regulate a change of use for something like a coffee shop Starbucks kind of a place to a Jack in the Box or something like that. Commissioner Allen: Okay, well that's helpful. There's a risk. Beaudin: I think the discussion we're having right now allows us, with a PUD, to potentially put some additional parameters around change of use which we might want to be that specific on if that's a concern. Commissioner Allen: Okay, thanks. Commissioner Balch: So on page 16 of 18 on permitted uses or conditionally permitted uses. I was going with what Gerry said earlier, but the C-C uses that are requested are circled so "restaurants and soda fountains, not including drive-ins or take-out food establishments" is being requested as a permitted use and I apologize because I see that we have a drive-thru, drive-in—that is not this, right? So would that be the second one underneath and therefore it's conditional but they're going back? Why isn't it circled I guess is what I'm asking. Or, how do I read that? Maybe I need some help. I'm on 16 of 18 at this point. Commissioner O'Connor: At this point it has to be conditional. Commissioner Balch: I would think so because it's not being requested as permitted so it would be conditional, but the design has the drive-thru so how can you reconcile that please? Excerpt: Planning Commission Minutes, September 28, 2016 Page 3 of 20 onditions shall apply to bars,brew pubs,microbreweries and wine bars:(1)The zoning administrator finds that adequate parking is available for said use;(2)If the zoning administrator determines that the use will be or is creating odor problems,an odor abatement device determined to be appropriate by the zoning administrator shall be installed within the exhaust ventilation system to mitigate brewery odors;(3)The applicant is in compliance with all applicable requirements of Chapter 9.04 of this code;(4)If operation of the use results in conflicts pertaining to parking,noise,odors,traffic,or other factors,the zoning administrator may modify or add conditions to mitigate such impacts,or may revoke the zoning certificate for the use. 5. Convenience markets,tobacco stores,secondhand stores and pawn shops are not permitted or conditionally permitted. on Page 18 of 19 shall drain to the sanitary sewer system and an area drain shall be installed in the enclosure area, providing a structural control such as an oil/water separator or sand filter. No other area shall P16-1349 and PUD-121 Planning Commission Page 11 of 19