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Being R-2 property is adjacent, this criterion would restrict the applicant form opening prior to <br />7am. The applicant is requesting permission to open at 6am. Factoring in the following <br />characteristics of the adjacent R-2 site, staff would recommend the applicant be permitted to <br />open at 6am: <br /> The nearest home is 115’ to the east, <br /> A topographic change of 6’ – 8’ exists, along with existing vegetation, between the drive- <br />thru and the nearest home, thereby increasing the effect of buffer between uses, <br /> A condition stating the drive-thru speaker cannot be audible at the nearest home should <br />more appropriately address any negative impacts that could result from opening at 6am, <br />and <br /> The applicant has agreed to construct a fence if necessary, which has been made a <br />condition of approval. <br /> <br />H. Any menu/ordering signage interior to the site with an intercom shall not be audible from <br />residentially zoned property and if illuminated shall be directed away from residentially <br />zoned property. <br /> <br />This criterion is met. The applicant understands the intercom cannot be audible from the nearest <br />adjacent home (115’ away) and has obtained information from the intercom supplier suggesting <br />the decibel levels of the intercom are not capable of exceeding 53 at a distance 10’ away. A <br />decibel level of 50 is normal for a typical suburban street and normal conversation at home. <br />Extrapolated 115’ away, the decibel level should be much less than 53. <br /> <br />The applicant proposes to construct two lights, one above the menu board and one above the <br />pick-up window. Both lights will be casted downward and will be required to be shielded. <br /> <br />I. Fencing and or landscaping may be required to shield head-light illumination from adjacent <br />and nearby areas. <br /> <br />This criterion is met. The nearest residence is 115’ away, coupled with a 6’ – 8’ grade change <br />and existing vegetation, adequate buffer should be available to shield head-light illumination. <br />Additionally, the applicant has agreed to construct a fence if determined to be necessary. <br /> <br />To conclude the above analysis of the special use standards of Section 11-020(10), with <br />several conditions noted, staff finds all criteria have been met. <br /> <br />Rather than complete the Special Use Permit worksheet provided in the Land Use Packet, the <br />applicant addressed the general health, safety, and welfare standards of Section 8-130 within a <br />supplemental narrative. These special use standards of Section 8-130 must be considered for all <br />specially permitted uses, which state no special use shall be recommended by the Planning <br />Commission unless it shall find (staff responses in italics): <br /> <br />A. That the establishment, maintenance, or operations of the special use will not be detrimental <br />to or endanger the public health, safety, morals, comfort or general welfare. <br /> <br />This criterion has been met. The applicant has submitted a plan conditionally meeting all <br />requirements, which exist to ensure the project will not have a detrimental impact on the public. <br />Further, staff has not received any inquiries from property owners residing within with the 350’ <br />notification buffer, likely because the applicant has already contacted these owners to inform