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February 22,2011 Page 6 of 10 <br /> language to condition#4 relating to providing additional parking for larger, general public <br /> admission events and additional language to#10 concerning hours of operation for the event <br /> center. The Commission recommended the event center be allowed to operate until 1:00 am on <br /> Fridays and Saturday, with no alcohol allowed to be served past 12:30am and that the event <br /> center close at 10pm on Sunday. Staff has proposed the following 10 conditions that aim to <br /> regulate the applicant in a manner so as not to cause detrimental impact to the neighborhood. <br /> 1.) The proposed multi-purpose area is limited to live much performing, family shows, trade <br /> shows, and community meeting and private events. <br /> 2.) Physical contact uses by striking or touching an opponent with hands, head, feet, or body <br /> (team sports where physical contact is incidental is exempt) are prohibited consistent with <br /> liquor license requirements. <br /> 3.) The posted occupancy load in the multi-purpose area must never exceed 267. Because <br /> of the potential for all three uses, multi-purpose/restaurant/bar areas, to interact occupancy <br /> loads in all three spaces must be posted based on the Fire Marshal's determination. <br /> 4.)Any event consisting of live entertainment open to the public and admission of more than <br /> 100 persons must include a security plan submitted and approved by the Public Safety <br /> Department at least 7 days in advance of the event. <br /> 5.)On-street overflow parking is prohibited. Measures must be taken to provide parking for <br /> all patrons of the business on site. <br /> 6.)The existing fencing along the western, north/south property line must be repaired and <br /> replaced so as to provide a 6' screen from the single family homes to the west across 9th AVE <br /> NW. <br /> 7.)The existing fence screening around the dumpster enclosure must be repaired to ensure the <br /> entire garbage and recycling area is screened from public view. <br /> 8.)No music or audible voice is detectable at the property boundaries. <br /> 9.)The multi-functional area must honor the following hours of operation: <br /> a. Sunday—Thursday: 10pm <br /> b. Friday— Saturday: 12 midnight, with alcohol not being served past 11:30pm <br /> 10) Prior to opening for business, the property must be inspected by the City Planner, <br /> Building Official, and Fire Marshal to confirm compliance with applicable codes and <br /> conditions and the entire site must be fully snow plowed to ensure every usable parking space <br /> is fully accessible. <br /> Councilmember Phillips expressed concern with the variance in the hours of operation <br /> between the event center and bar; noting patrons could meander through the facility. City <br /> Planner Gundlach noted that is a possibility; however the hope is many of the patrons would <br /> leave at the time the event center closes. <br /> Councilmember Burg questioned the reason for the 10:00 closing time? City Planner <br /> Gundlach responded that 10:00 was thought to be reasonable during the weekdays, as <br /> there are residential homes directly to the west. <br /> Councilmember Phillips expressed concern with noise, and suggested adding language related <br /> directly to noise, either from the parking lot, or noise from the building. <br /> Director Jacobson noted the primary issue of concern is parking lot noise, including <br /> complaints related to noise, speeding and reckless driving, as well as occasionally loud noise <br /> from the business. <br /> Councilmember Phillips questioned the possibility of tracking calls for service as a way of <br /> addressing the issue of noise. <br /> City Attorney LeFevere explained a Special use Permit is different than a liquor license, and <br /> cannot change as long as requirements are met. LeFevere suggested starting with a <br /> conservative approach, with the option to change in the future. A time of day is a more <br /> objective approach than noise being more subjective. <br />