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2. Any and all applicable local, state and federal laws, permits licenses and <br />operational regulations are complied with. <br />Gordies has a liquor license to serve alcohol on the property, in addition to holding <br />a conditional use permit from the City of Little Canada. <br />3. The use is located and developed so as not to create an incompatible <br />operation problem with adjoining and neighboring commercial and/or <br />residential land uses. <br />Gordies is adjacent to a residential apartment complex to the west. However, <br />volleyball is not necessarily an incompatible use with an apartment complex. Often <br />times residents of an apartment will play volleyball in open areas within their <br />development. Also, the volleyball court is located at the far east portion of the <br />subject property, away from the apartment. However, since complaints about noise <br />disturbance have arisen, this might be an appropriate time to consider screening <br />to mitigate both noise and lighting concerns. <br />4. The hours of operation shall be subject to City Council control and change as <br />a means to maintain compatibility of uses and activities. <br />As mentioned above, the City may wish to require some mechanism to mediate <br />noise impacts effecting neighboring residential land uses. To accomplish this end, <br />screening or a reduction in the hours of operation could be used. Currently, the <br />hours of operation are 6 to 10 PM. Reducing the hours to 6 to 9 PM may create <br />more compatibility with adjacent land uses, as would adequate screening. <br />5. The proposed action has been considered in relation to the specific policies <br />and provisions of and has been found to be consistent with the official City <br />Comprehensive Land Use Plan. <br />"Commercial Recreation" is a conditionally permitted use within the B -3 Zoning <br />District. An extension of the permit is as well permitted. The most significant <br />Comprehensive Land Use Plan policy relating to the proposal is the issue of <br />screening. The Plan states: "Ensure that all service and commercial uses are <br />adequately screened or buffered from any adjacent residential development." <br />Gordies has not submitted an adequate site plan that relates to screening. If the <br />City feels that the property should be screened from the apartment complex, it may <br />require the applicant to submit a site plan showing a proposal to landscape and <br />screen the property, particularly on the west property line. <br />2 <br />Page 6 <br />