PZ 08/09/2023 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes August 9, 2023 Page 4 seating, subject to City approval. A total of four tables are proposed, with two in front of each suite. The subject property is located parallel to S.R. 436 and sits between commercial properties on both sides. To the rear of the property are single-family homes, which are screened by a 6 -foot wall. Similar uses have operated in this space previously. There is also a shared -parking lot in the rear of the property that sits adjacent to a landscape buffer, and the applicant is not proposing any exterior modifications to the site. As such, enhanced screening was not deemed necessary. Alcohol sales are ancillary to the site's primary use as a restaurant, which is generally compatible with adjacent commercial uses and not anticipated to adversely impact the surrounding area. The subject property consists of two buildings, each housing a variety of tenants. The tenant suites in question are in the smaller of the two buildings on the north side of the parcel. ULDR Section 3- 15.2 requires one parking space for every 100 sq. ft. of building area for "Restaurants or Other Eating Places." The total area the applicant occupies is approximately 2,500 sq. ft., resulting in a minimum required 25 spaces, with at least four ADA -accessible spaces. Approximately 65 standard spaces and one ADA -accessible space surround the proposed restaurant. While there is sufficient standard parking, per ULDR Section 3-15.6(D)(g), 65 spaces require a minimum of three ADA -accessible spaces. As a condition for approval, correcting the insufficient ADA -accessible parking onsite will be necessary. Outdoor seating is also being proposed for the restaurant and an associated site plan review application has been submitted (SPR 23-17). Section 10-7(1)(C) of the City Code notes that a restaurant holding a 2COP alcoholic beverage license that derives at least 51 % of gross revenue from selling food and nonalcoholic beverages are exempt from meeting distance separation requirements. The applicant has provided a menu and confirmed that 51 % of gross revenue will be generated from food and/or nonalcoholic drinks and as such, is exempt from this requirement. The proposed use will not generate any prohibited nuisance impacts, including glare, smoke or other air pollutants, noise, vibration, major fire hazards, or other impacts that would negatively affect nearby uses. A grease interceptor is required and subject to the City's Oil and Grease Management Program. Aside from this, any hazardous waste produced by the applicant shall be disposed of according to local, state, and federal laws. Possession of both City and County Business Tax Receipts, as well as any applicable permits, licenses, and inspections from other agencies, must be provided to the City prior to the sale of beer and wine. Staff recommends that case number CU 23-07 be approved with staffs conditions, based upon the staff report and the testimony and evidence presented, that the request meets the applicable provisions of the Unified Land Development Regulations (ULDR) and is consistent with the Comprehensive Plan as per the written findings contained within the staff report. Conditions: 1. The conditional use shall be limited to the subject parcel (Parcel Number: 21-21-30-520- 0000-0010). Any expansion and/or relocation of the proposed use within the subject parcel will require a new business tax receipt.