02-19-2019 Planning Commission Packet

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FILE#LA18-000104 February 19,2019 Page 4 of 6 Tier Tier 3 13,656 s.f. 4,780 s.f. 13,656 s.f. 13,656 s.f. (35%) (100%) (100%) No changes to the exterior of the building are proposed beyond what has already been approved. It should be noted that hardcover standards are difficult to meet in minor retrofit use applications. Applicable Regulation:Conditional Use Permit(Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The use of the property for a restaurant/bar is consistent with the Commercial designation. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Class II restaurants are a conditional use in the zoning district. 3) Adequately served by police,fire, roads,and stormwater management;The property is served by municipal services, no issues have been identified or are anticipated. 4) Provided with an adequate water supply and sewage disposal system;There is adequate services to support the intended use. 5) Not expected to generate excessive demand for public services at public cost;The business is not anticipated to generate demand of public services beyond a typical amount for the type of business. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The use is consistent with a commercial use. Building design and applicable regulations are added to address noise concerns. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; This is true. The immediate neighborhood is a suburban commercial corridor, restaurants/bars are expected. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; The immediate neighborhood is a suburban commercial corridor, restaurants/bars are expected. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; Not expected to impact adjacent uses beyond what should be expected for a commercial use in a commercial zone. Excessive noise has been mitigated with the building design and regulatory conditions. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; Use is contained within a building. Exterior patio is not a use requiring screening.