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I:\Commissions - NEW FOLDER\Planning Commission\2015\Working Docs\2015.03.17\SP2015-001, NC2015-001 (Bru House) - <br />RESOLUTION.doc 2 <br />1. For properties abutting R-1, R-1A and R-2: Sunday – Thursday 7:00 AM – 9:00 PM <br />and Friday – Saturday 7:00 AM – 10:00 PM. <br />2. For properties abutting all other zoning districts: Sunday – Thursday 6:00 AM – <br />11:00 PM and Friday – Saturday 6:00 AM – 12:00 PM. <br />The City Council may impose different hours of operation based upon specific <br />characteristics of adjacent and nearby uses. <br />i. 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 />j. Fencing and or landscaping may be required to shield head-light illumination from <br />adjacent and nearby areas. <br />7. The Planning Commission reviewed the proposal in accordance with the following Special <br />Use Permit conditions of Zoning Code Section 8-130: <br />a. That the establishment, maintenance, or operations of the special use will not be <br />detrimental to or endanger the public health, safety, morals, comfort or general welfare. <br />b. That the special use will not be injurious to the use and enjoyment of other property in <br />the immediate vicinity for the purposes already permitted, nor substantially diminish and <br />impair property values within the neighborhood. <br />c. That the establishment of the special use will not impede the normal and orderly <br />development and improvement of the surrounding property for uses permitted in the <br />district. <br />d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are <br />being provided. <br />e. That the special use shall in all other respects conform to the applicable regulations of the <br />district in which it is located. <br />8. The Planning Commission found all Special Use Permit criteria of Sections 11-020(10) and <br />Section 8-130 to be met based on the following: <br />a. The nearest residence is 115’ to the east. <br />b. A topographic change of 6’ – 8’ exists, coupled with preservation of the existing <br />vegetation, adequate buffer between the drive-thru and residential uses will be provided. <br />c. The decibel level of the drive-thru intercom will not be audible at adjacent residences. <br />d. The applicant is agreeable to constructing a privacy fence if found to be necessary to <br />mitigate unforeseen negative impacts related to sound and lighting. <br />e. The proposed lighting will be minimal, casted downward, and shielded so as not to be <br />readily visible at nearby residences. <br />9. The Planning Commission identified several parking lot setback nonconformities existing on <br />the property. <br />10. The Planning Commission examined the nonconforming use standards in accordance with <br />Zoning Code Section 8-460. <br />11. The Planning Commission found that nonconforming use standards of section 8-460 to be <br />met as it wasn’t practical to reduce the nonconformities as it would have a detrimental impact <br />on overall site circulation and parking functionality. Further, the applicant’s proposed plan <br />addresses any negative impacts that might result because of the nonconformities. <br /> <br />NOW THEREFORE BE IT RESOLVED, that based upon the above findings of fact the application for <br />a Special Use Permit (SP2015-001) and Nonconforming Use Permit (NC2015-001) are hereby <br />recommended to the City Council for approval, subject to the following conditions: