2_Exhibits A, D & E - Laserfiche WebLink

EXHIBIT D PUD-89-06-08M, Gabriela Marks/Marks Architects, Inc. for Jinglebells LLC Application for a Planned Unit Development (PUD) Major Modification to remove an existing PUD (PUD-89-6) condition of approval prohibiting a drive-through restaurant on "Pad B" within Phase III of the Rose Pavilion Shopping Center. The proposed modification would facilitate the demolition of an existing oil change facility and the construction of a new approximately 1,649- square-foot drive-through Taco Bell restaurant and related site improvements on "Pad B" located at 4210 Rosewood Drive. Zoning for the property is PUD-C (Planned Unit Development — Commercial) District. Associate Planner Eric Luchini presented the specifics of the item in the Agenda Report. Commissioner Pace requested background on the prohibition of drive-through use. Mr. Luchini stated it was unclear as to why the City Council imposed the condition. Commissioner Pace referenced the Starbucks in the Rose Pavilion shopping center and inquired about the condition and whether that was in place for the Starbucks location. Mr. Luchini responded that fast food restaurants typically had higher trip generation rates as opposed to a sit-down restaurant. He referenced the Climate Action Plan (CAP) and air quality measures and the reasons why the denial was being recommended versus what was allowed for Starbucks at the time. Commissioner Pace asked if a new CAP was in place. Mr. Luchini stated the existing CAP discussed efforts to reduce air quality impacts including walkability, but the new CAP was not complete. Vice Chair Brown asked for clarification pertaining to Starbucks and the PUD in question. Mr. Luchini confirmed that Phase 2 did not include a restriction on drive-throughs and the restriction in Phase 3 was enacted at the time of PUD creation. Commissioner Balch asked if staff recommended no new drive-throughs be permitted in town. Community Development Director Ellen Clark responded that there had not been a policy discussion as it relates to future drive-through locations in the City. Commissioner Balch discussed the zoning for the former Denny's site and the Chick-Fil-A, both located at Hopyard Road and Owens Drive, and clarified that the zoning would be straight-up zoned without its PUD. Mr. Luchini responded that Phase II of Rose Pavilion was straight zoned. Commissioner Pace questioned the rationale for why a portion of the shopping center was straight-zoned and why other phases were treated differently. Mr. Luchini stated he was not sure why the phases were different. Excerpt: Draft Planning Commission Minutes, January 22, 2020 Page 1 of 5 permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, 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