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The drive-thru use may be limited so as not to unreasonably interfere with adjacent and nearby uses. Limits of use may include, but is not limited to, prohibition of certain uses that may be inappropriate due to their demand on parking and stacking needs, such as fast food establishments. The following hours of operation shall be imposed: 1. For properties abutting R-1, R-1 A and R-2: Sunday —Thursday 7:00 AM — 9:00 PM and Friday— Saturday 7:00 AM — 10:00 PM. 2. For properties abutting all other zoning districts: Sunday — Thursday 6:00 AM — 11:00 PM and Friday — Saturday 6:00 AM —12:00 PM. The City Council may impose different hours of operation based upon specific characteristics of adjacent and nearby uses. Any menu/ordering signage interior to the site with an intercom shall not be audible from residentially zoned property and if illuminated shall be directed away from residentially zoned property. j{' Fencing and or landscaping may be required to shield head -light illumination from adjacent and nearby areas. 6. T).e Planning Commission and City Council find the criteria of Section 11-020 (10) are met Een the following findings: a.i The drive-thru stacking lane provides space for 5 cars to stack without interfering with i I the public right-of-way or the main drive -aisle and entrances/exits interior to the site. There are not adjacent or nearby residential uses that would be negatively impacted by �ithe drive-thru. .I Activities related to the drive-thru lane will be blocked from the multi -family residential property to the north by the proposed building. 7. The Planning Commission and City Council reviewed the proposal in accordance with the lowing Special Use Permit conditions of Section 8-130: a. That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. 8. Tle Planning Commission and City Council find the criteria of Section 8-130 are met given following findings: Reconstruction of the site will only improve the surrounding area and impacts on neighbors. Adequate access to utilities, roads, and drainage is provided. NowEREFORE BE Pr RESOLVED, that based upon the above findings of fact the application for a Sit Plan (LP2010-002) and Special Use Permit (SP2010-007) are hereby approved, subject to the f lowine conditions: DevelopmentA9-28-2010ALP2010-002, Sp1010-007 (Blkhoumy)- RESOLUTiON.doc 2