PZ 01/13/2010 Minutes - Laserfiche WebLink

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Planning & Zoning Commisslon! Local Planning Agency January 13, 2010 Page 2 Department). Mr. Senzee said staff finds that the proposed use is compatible with the surrounding land uses and the current site design provides adequate parking, traffic circulation, pedestrian mobility, and site safety. Mr. Senzee requested that an additional condition of approval be added to state: "Employees working at the outdoor concession stand shall be fully clothed in appropriate attire at all times. Swimwear, bikinis, lingerie, sleepwear and similar revealing clothing are prohibited". Mr. Senzee stated if the Planning and Zoning Commission chooses to approve CU 09-11 to allow a portion of an existing commercial property to be used for open air food sales via a concession cart at 1385 State Road 436, the motion should be based on the staff report dated January 8, 2010, the site drawing (Exhibit C), the Planning and Zoning Commission's findings of fact, and the conditions outlined in the staff report which were: 1. The conditional use shalt be limited to the operational area shown in Exhibit C. No expansion of the operational area or enlargement of the concession cart may occur without a new condiliona! use approval from the Planning and Zoning Commission, 2, The fnal design of the concession cart shall be reviewed and approved by the Community Development Department prior to issuance of a Business Tax Receipt for the use. This design shall conform to the applicant's stated intentions matching the existing structure, 3. No advertising or signage of any kind shall be permitted on the umbrella, 4. Conditional use approval is for the outdoor sale of food items only. The sale of any other materials, products, or services from the subject concession cart is strictly prohibited. No alcohol may be sold or served from the concession cart. 5. No outdoor activities (other than food sales), seating, or events are permitted for the subject of this conditional use request, 6. The hours of operation shall be the same as those of Shakers Lounge. The concession cart serves as an accessory use to Shakers Lounge and may not be open when the lounge is closed. If Shakers Lounge permanently closes for any reason, the conditional use approval for the concession cart shall be voided. 7. The business shalt remain incomplete compliance v~ith ail City, County and State requirements. 8. There shall be no outside display or storage of goods, materials, services. The only exception to this will be the outdoor food sales approved as part of this conditional use. 9. w i a e outdoor co sal be ul clothed ' ire a all times. Swimwear, bikinis, lingerie, sleenwear_and similar revealing clothing are prohibited. 10. The conditional use shall expire if the use is discontinued for more than 90 days, 11. All of the above conditions shall be fully and faithfully executed or the conditional use shall become null and Void. In response to the Commission's question about a previous application for a concession cart at a carwash site, Mr. Senzee stated that the applicant was unable to ensure pedestrian safety and the hot dog cart appeared to be located in the traffic circulation pattern. Staff could not support the request due to safety concerns. Mr. Senzee stated the current applicant's concession cart is located on the sidewalk and is separated entirely from the vehicular use, hie said that Shakers Lounge supports retail and commercial uses and the carwash site was a very specific site