2_Exhibits A, D & E - Laserfiche WebLink

Vice Chair Brown disclosed that he visited Taco Bell yesterday and stated he supported the business. He discussed Taco Bell's corporate requirement for a drive-through. He expressed hesitation with removing the restriction without understanding the intent but also felt the decision should be based on current circumstances. Commissioner O'Connor moved to approve the proposal to remove the condition of approval and permit a drive through restaurant on Pad B subject to a conditional use permit and design review. Commissioner Pace seconded the motion. Commissioner Balch expressed concern about Taco Bell's corporate policy although he could support the motion because the pad was called out. ROLL CALL VOTE: AYES: Commissioners Allen, Balch, Brown, O'Connor and Pace NOES: None ABSENT: Commissioner Ritter Ms. Clark stated a resolution would be brought back to the Commission as a Consent Calendar item during the next meeting for approval of the motion made for Case PUD-89-06- 08M. Excerpt: Draft Planning Commission Minutes, January 22, 2020 Page 5 of 5 Ms. Clark explained that it happened often, especially as it pertained to parking and traffic. Commissioner Balch asked what triggered the zoning certificate. Ms. Clark responded that a change of ownership would necessitate a zoning certification. Mr. Luchini explained that a change of use requiring interior changes or tenant improvement would trigger a zoning clearance. Vice Chair Brown asked what could be built instead of a drive-through Taco Bell. He confirmed that denying the application would not diminish their property rights. He expressed concern with limited information nor the history on the intent of prohibiting drive-throughs. Mr. Luchini responded that a 5,000-square-foot restaurant use was already permitted. Commissioner Balch questioned the odd restriction for a such a small pad and suggested the City Council consider a city-wide moratorium in CAP 2.0. Commissioner O'Connor noted that all components of the project were acceptable to the City except the drive-through. He indicated support for removing the condition. Commissioner Allen stated the particular location seemed like an outlier and indicated support for removing the condition. Excerpt: Draft Planning Commission Minutes, January 22, 2020 Page 4 of 5 type of drive- through. Ms. Clark explained that a coffee drive-through creates a different trip generation. Commissioner Balch asked if a Chick-Fil-A, with additional car queue needs, could replace the Taco Bell. Excerpt: Draft Planning Commission Minutes, January 22, 2020 Page 3 of 5 to prohibit drive-through locations in general. She responded that it was a policy discussion for the future. Excerpt: Draft Planning Commission Minutes, January 22, 2020 Page 2 of 5 commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. te D Planning Commission 7of8 Noise Patrons' voices and entertainment/music within the interior of the proposed bar would be the main noise sources generated from the subject site. The proposed hours of operation for the bar are 4 p.m. to 1 a.m., seven days a week while indoor entertainment and music would occur from 4 p.m. to midnight, seven days a week. P19-0432, 310 Main Street, Suite D Planning Commission 6 of 8