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.
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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.
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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.
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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
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