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06-05-1990 Request PLANNING & ZONING The regular scheduled meet' the Planning & Zoning Commission was called to order on June 5, 199 at 7:30 by Chairman John Sargent. Members attendin s Brown, Marilyn George, Don Smith Edward Ivey. Members excused were Adelbert Evans, Peter Bertronaschi and Carlos Solis. Also present were Wayne Saunders City Manager, Lanny Harker Director of Planning and Jane Warren Planning Technician. Minutes of the meeting held May 1, 1990 were approved as presented. NEW BUSINESS 1. REQUEST FOR CONDITIONAL USE PERMIT APPLICANT: Edmondo Del Verme c/o Capri Restaurant LOCATION: 191 West Broome Street REQUEST: To operate a restaurant in an existing building in the C-1 Commercial District. Mr. Saunders pointed out that the applicant is requesting a Conditional Use Permit to establish a restaurant in an existing building in the C-1 General Commercial District located at 191 Broome Street. The property is located in the C-1 General Commercial District and has a Land Use designation of NED-3 which permits restaurants as a Conditional Use. The property is abutted on the south by a retail business. Across the street to the west is vacant residential property and across the street to the north is City owned Bishop Field. To the east is vacant commercially zoned property. Mr. Saunders stated staff approval of this request be granted subject to the standard conditions of a Conditional Use Permit and the following additional conditions: 1. Grounds signs will limited to one (1) per street frontage as regulated by Ordinance 207-C. 2. The dumpster is to be screened by a masonry structure complete with gates. 3. Sidewalks to be constructed along Broome Street and Second Street. Mr. Saunders stated there had been some response from residents in the area regarding traffic. Mr. Saunders emphasized that the City would be taking an extensive look at the situation not only because of the proposed restaurant use but also because of the traffic in the area during the baseball season. 1 Mr. George Wood, architect spoke on behalf of Mr. Del Verme and stated the conditions as outlined would be complied with. Mr. Smith questioned the feasibility of signage on Highway 50 and was advised that the applicant would have to conform to the regulation of the Sign Ordinance and if the regulations could not be met a variance would have to be requested. After a brief discussion a motion was made by Mr. Smith to recommend to the City Council approval of this request as presented by staff, seconded by Ed Ivey and approved by a unanimous vote. CONDITIONAL USE PERMIT - T.L. Day Properties Inc. 2. REQUEST FOR CONDITIONAL IISE PERMIT APPLICANT: Terry L. Day T. L. Day Properties LOCATION: SW corner of Broome Street and Lake Avenue REQUEST: To construct a two story structure having five (5) residential units on the upper level and the lower level consisting of 3000 square feet of professional office space. Mr. Sargent advised the Commission that the applicant had requested that the request be tabled at this time. 3. CONDITIONAL USE PERMIT REOUEST APPLICANT: Dennis Horton LOCATION: 953 Tenth Street REQUEST: To establish a professional office in the R-3 Residential/Professional District. Mr. Saunders stated that the applicant is requesting to establish a professional office in the R-3 Residential/Professional District. The structure is located at the NE corner of Tenth Street and Broome Street. The property is located in the R-3 ResidentialJProfessional District which allows professional offices as a Conditional Use. The property has a Land Use pesignation of EBD-1 which also provides for professional offices. Vacant commercial property lies to the west with residential uses on other sides, however the property to the south is zoned C-2 Commercial. Mr. Saunders emphasized that the site would have to be brought into compliance and all code requirements would have to be met before a certificate of occupancy would be granted for a professional office. 2 Mr. Dennis Horton was presented and stated he would use the building for a title insurance office which he would operate at this time with one employee. Mr. Horton stated he was aware of the requirements regarding buffering adjacent residential areas as well as the standard conditions of a Conditional Use permit and was prepared to comply. Mr. George Narehood and adjacent resident was present and stated he was opposed to project for the following reason: 1. The presence of a business would diminish the property value of property. Mr. Scott Hylander an adjacent property owner was present and stated he was opposed to the project for the following reasons: 1. The neighborhood is taking on a more commercial use and therefore destroying the residential atmosphere if the area. 2. Increase traffic with Commercial Use. 3. Concern for the safety of his children. Mr. Bernard Sears and adjacent property owner was presented and stated he was opposed to the projected stating the following reasons: 1. Increased traffic on tenth Street. 2. Diminished resale value of residential property. 3. Creeping commercial use within the area. Staff recommend approval with standard conditions of a Conditional Use Permit and the following additional conditions: 1. Sidewalks be constructed along Tenth Street and Broome Street. 2. The dumpster is to be screened by a masonry structure with a gate. Mr. Horton stated he did not feel the use would generate a great deal of traffic because of the size and disposition of the proposed business. Mr. Smith expressed concern regarding the encroachment of the commercial use into residential area, but suggested that a professional use is a suitable buffer to the surrounding residential use in the area. Mr. Ivey stated he felt the area in question was going through a transition from residential to professional use and emphasized that the applicant would have to meet all the requirements outlined by the city. After a brief discussion a motion was made by Ed Ivey to recommend to the City Council approval of this request as presented by staff, seconded by Don Smith and approved by a unanimous vote. 3 4. CONDITIONAL USE PERMIT REQUEST APPLICANT: Brenda Norquist LOCATION: 490 West Avenue REQUEST: To operate a Restaurant in the C-2 General Commercial District. Mr. Saunders stated that the applicant is requesting a Conditional Use Permit for a restaurant to be located at 490 West Avenue, an existing structure which was originally the railroad depot. The conceptual site plan shows the development of the project to be phased. Phase I will be for a take-out restaurant only which would occupy the existing structure. All requirements regarding parking and water retention must be met. Phase II will include the open air seating which would have the appearance of the original loading depot located in this area. A variance will be required from the City Council for the setback from the Osceola Street right-of-way located to the north of the proposed structure prior to the Phase II addition. At this time the applicant is proposing to operate the take-out service from the existing structure only. The building is located in the C-1 General Commercial District and has a Land Use Designation of NED-6 which allows restaurants as a Conditional Use. Staff recommend approval with standard conditions of a Conditional Use Permit and the following additional conditions: 1. The dumpster is to be screened by a masonry structure complete with gates. 2. Sidewalks will be constructed along West Avenue. Mr. Ken Norquist was present and stated he is hopeful that this project would be a catalyst for commercial development the downtown district. Mr. Smith asked Mr. Norquist if he were going to expand by adding an additional level in the future. Mr. Norquist stated he did plan do so, and also pointed out that this expansion ability would be limited because the parking requirements that are determined by the square footage a patron space. Mr. Smith asked staff what would the city do if there were an increase in traffic in the area because of commercial use. Mr. Saunders stated there would be a possibility of opening a portion of Osceola Street, but also emphasized a need would have to be established. 4 After a brief discussion a motion was made by Ed Ivey to recommend to the City Council approval of this request as presented by staff, seconded by Marilyn George and approved by a unanimous vote. There being not further business the meeting was adjourned. John N. Sargent, Chairman ATTEST: Jane Warren Planning Technician 5