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a 24-hour operation. The maximum hours he would support would be 6 am to 12 midnight. He feels there is a potential for problems in selling alcohol from a neighborhood store during these hours (midnight to 6 am). Chair Barker inquired of staff why a few years ago they would not support a health club opening at 6:00 am in this very location, and staff is now approving a 24-hour convenience store. This is a change in standards for all neighborhood centers. Mr. Iserson stated that the health club was a question of scale in usage in the early morning that would be a negative impact to the residents. At the time the health cub was reviewed, staff had received noise complaints from nearby residents of another health club and was sensitive to that issue. Staff does not feel the store will have a massive influx of people at 6 am or late at night. The concern of the 24 hour operation was weighed against the track record of the applicant. Chair Barker cannot support the application being open 24 hours or the late-night sale of liquor. Chair Barker inquired if they had any control over what type of liquor was sold. Mr. Iserson stated the application could be so conditioned. Commissioner Wright concurred that Condition 2 is a standard condition of approval. He also feels that Condition 3 is beneficial to the applicants instead of arbitrarily prohibiting the sale of liquor. Commissioner Wright wants to give the applicants the time to prove they will be a good tenant. This store should not be thought of as a shady liquor store. He feels that Condition 3 is a safeguard to the store so that they have an opportunity to make necessary changes instead of being closed down immediately. Commissioner Wright noted that the people speaking in opposition to this application were not within the 300 foot notice area. The people who were sent notices are not here voicing opposition. The dance school next to Hopyard Ale has not notified staff of any problems. The Cowboy Country Club originally intended to be a non-alcoholic operation. People have the opportunity to go to Cadillac Ranch if they want to drink and dance. Commissioner Wright does not feel this store will decrease property values; the more occupants in the shopping center should decrease the amount of graffiti damage. Lastly, he does not feel this center will become a place to hang out. Commissioner Wright stated he can support the application with a modification to Condition 11 to put a hallway through to the rear of the building for trash removal. Commissioner Wright noted that he did not support early morning hours for the health club because of the traffic and noise impacts. Commissioner Lutz would like to see this shopping center with a full occupancy. His two concerns are a neighborhood store selling alcohol and cutting the lease area up. He supports limiting the hours of alcohol sales. He is concerned someone will want to occupy the rear portion of the unit which was never planned to be used that way. Commissioner Lutz feels Conditions 2 and 3 are very standard conditions and supports keeping them in the application. Other applicants before the Commission have had to live by these two conditions. The homeowners in this area also have large investments in their homes. Chair Barker opposes the 24-hour operation and feels there should be limitations on the liquor sales. She also has concern about chopping up the lease space. Commissioner Wright advised that the area in question is conditioned to be under a PUD. Chair Barker does not believe limiting the hours will make the store unsuccessful, believing most people would go to a large store like Safeway in the middle of the night to be assured of getting what they need. She hopes that the limitation of the ~ hours is not a deal-breaker for the applicants. Chair Barker also noted that she is amazed the Planning Commission Minutes Page 8 Marcb 12, 1997