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PUBLIC HEARINGS AND OTHER MATTERS 2. 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 Ill 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 was not a policy discussion that had been had to date. 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 asked for clarification on the zoning for Rose Pavilion. Mr. Luchini responded that Phase II of Rose Pavilion was straight zoned, whereas Phase Ill had a PUD. Planning Commission Minutes Page 2 of 13 January 22, 2020 RMATION 5. Reports from Meetings Attended (e.g., Committee, Task Force, etc.) There were no reports from meetings attended. Planning Commission Minutes Page 10 of 11 January 15, 2020 in tobacco or tobacco-related products, and that the legal age permitted to enter a tobacco store is 18 years old, or the individual must be accompanied by an adult, or with another individual over the age of 18 years old. Commissioner Brown stated that the difference to him was that a "go dark" provision made sense for tobacco retailers where underage individuals are still being exposed to tobacco products, tobacco advertising, and the like. He noted it could be difficult to "go dark" in a store that sells 100 percent tobacco products. Planning Commission Minutes Page 9 of 11 January 15, 2020