PZ 05/14/2014 Minutes - Laserfiche WebLink

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Planning & Zoning Commission( Local Planning Agency May 14, 2014 Page 5 Mr. Meadows asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. No one came forward. Mr. Meadows asked for a motion to address CU 14 -08. Mr. Bryan made a motion that the Planning and Zoning Commission approve CU 14 -08, to allow the on -site consumption of beer and wine as allowed by the 2COP state license, in conjunction with the operation of a restaurant located at 1555 State Road 436, Suite 1001, based on the findings of fact and conclusions of the staff report dated May 14, 2014, and the ten conditions outlined in the staff report. Mr. Van Meter seconded the motion. The motion passed unanimously by voice vote. Eighth Item of Business: Other Business. Mr. Sorensen said at the last Planning and Zoning Commission meeting, the Commission requested the City Attorney provide information regarding the Commission's authority to require items beyond the specific Code requirements. Ms. Robin McKinney, Attorney, explained that if the Commission requires something above and beyond the specific Code requirements it could potentially expose the City to litigation. She said the Planning and Zoning Commission meetings are an opportunity for the community through the Commissioners to give their input on these projects. She said that the Commission shouldn't feel that any discussion is prohibited. Ms. McKinney said that the Commission could make suggestions to the applicant and see how they react. She said if the applicant is not receptive to the Commission's suggestions, she would not recommend making that suggestion a condition of approval as that could lead to litigation. Ms. McKinney said conditional uses are different. She said the Planning and Zoning Commission has the authority to impose conditions to regulate the use. Ms. McKinney said that with future land use changes and comprehensive plan changes the Commission is looking at compatibility with the comprehensive plan and the surrounding uses. She said the Commission would not be reviewing the site plan and the layout at that time. A general discussion ensued regarding requiring specific material for dumpster gates and buildings, granting a modification to a Code requirement in exchange for requiring an additional item, ex parte communication and the procedure for reopening an agenda item for additional information and public comments. Ninth Item of Business: Adjournment.