CCP 11-25-2008 - Laserfiche WebLink

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Rather than limit an outdoor dining encroachment to property only lying with the Old Highway 8 corridor, staff considered an amendment that would apply to all B-3, General Business property that is a licensed food establishment. This amendment would be much clearer to enact. Further, if a front yard encroachment is deemed acceptable at the Eagles site, it should be acceptable on other 13-3 property that is a licensed food establishment. I-lowever, if the Commission feels the mere presence of the property being on Old Highway 8 is unique enough to limit properties based on that, staff would revise a code amendment and make this a condition. The public hearing for this amendment would be held at the City Council's meeting. Zisla inquired what other uses have these types of encroachment and other potential uses that could use this. Gundlach replied the Olde Town Deli and Dairy Queen both have existing outdoors dining. The Eagles, McDonalds, Pizza Factory, and the Uairy Queen could come in and ask for it to be formalized and any new food establishments that arc constructed in the B-3 zone. Zisla asked how the code amendment would be generally used. Gundlach replied that it would allow the green space in front of the building to be used seasonally as outdoor dining. Council Member Phillips asked staff' to clarify how the code amendment could be discussed at the Planning Commission, but the public hearing not held until the Council meeting. He also asked if the code includes a time line for notices. Gundlach replied that the code states a notice must be sent for a public hearing ten days before a public hearing is held. If the Planning Commission decided not to recommend the code amendment, the public hearing can be cancelled. Phillips stated that he requested a code amendment for the next public hearing and if that recommendation is also included. Gundlach replied it was not included. Schiferl asked if' it is going through as a special use pen -nit. Gundlach replied in the affinnative and indicated all special use conditions would apply. Don Johnson, Eagles, indicated he would limit access to the patio and agreed to aneet all the conditions recommended by staff. Motion by Zisla, second by O'Bricn to CLOSE THE PUBLIC HEARING. 6 ayes, 0 nays. MOTION APPROVED. Howard asked for -clarification on the code amendment — is it allowing encroachment into the set back only. Gundlach replied that is correct, and a special use permit would be required for the outdoor dinning. I -Toward asked ifthis code amendment is consistent with the Comprehensive Plan. Gundlach replied that outdoor dining is consistent with the Comp Plan, which encourages redevelopment of existing sites. Motion by Danger, second by Zisla to Approve the Site Plan and Special Use Permit, subject to Council approving the Code Amendment and the following conditions: 1. City Council adoption of the Code Amendment for Zoning Code Section 5-240 (l 5) allowing for a front yard encroachment of 15' for outdoor dining areas.