CC PACKET 02102015 - Laserfiche WebLink

Home Browse Search

36 November 17, 2014 Page 4 2. Applicable Codes Relating to Conditional Uses. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.122 PERMITTED CONDITIONAL USES (WITHIN THE C DISTRICT) (P) states that "Restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district' is permitted in the C District only by conditional use permit issued by the City Council. 3. Criteria for, and Consistency with, Criteria for Conditional Use Permit (CUP) Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.243 CONDITIONAL USE PERMITS (C) Application states that a conditional use permit may be granted only by a majority vote of all members of the City Council after determining that: 1. The use is one of the conditional uses specifically listed for the district in which the property is located; The Property at 2510 Kenzie Terrace is located within the C -Commercial Zoning District, which allows restaurants, cafeterias, and delicatessens located less than 250 feet from a residential structure or district' as a permitted conditional use. Criteria met. 2. The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area: Conditions have been described in this report and are included in the draft resolution for consideration. Criteria met. Conditions include: 1. The Applicant shall submit the appropriate plans and permits for review and approval before beginning any construction or other alterations that requires a permit (i.e. building permit for any interior work, sign permit, electrical permit, plumbing permit, etc.). 2. An exterior dumpster, if proposed, shall be kept behind the existing southernmost building and shall be screened pursuant to 150.072 (2) (d) (3) of the City Code. A site plan showing the proposed dumpster and screening location shall be submitted, reviewed and approved by the City Planner prior to installation. 3. Outdoor seating associated with the restaurant use is not permitted with this Conditional Use Permit (CUP). If outdoor seating is desired, an amendment to this Permit is required. 4. Any radio receiving set, musical instrument, paging system, or other similar device for the production or reproduction of sound may not be played outside of the building between the hours of 10:00pm and 7:OOam. 5. Any lighting associated with, or added to, the proposed restaurant use or parking lot area shall be downward casting and shielded. A lighting plan must be submitted, reviewed and approved by the City Planner prior to installation. 3. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; and Surrounding land uses in the immediate vicinity include single family residential homes east and south, high density residential to the northeast, a vacant parcel to the west and commercial uses and single family residential (Lowry Grove) to the north and northwest. Similar restaurant uses have been located within this site in the past. It is unknown, however, how much seating there was associated with the previous uses or the intensity of those restaurants in terms of