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May 11, 2015 Page 2 250 feet of a residential structure or zoning district. The proposed restaurant would still be subject to those conditions which include: 1. Garbage areas must be enclosed with materials that match the building; 2. Lighting must be "down spill" with no spillage to affect the adjacent residential properties; 3. No music or other artificial noise shall be audible from the restaurant to adjacent residential properties; 4. The remodel and redevelopment of the property shall conform as closely as possible and practicable to the Village at St. Anthony design standards and PUD documents. The newly proposed restaurant tenant wishes to obtain a liquor license which is why the requested CUP is needed. The site is proposed to be used in accordance with the site plan submitted for the previous restaurant. The outdoor seating is proposed, and the applicant is aware that a conditional use permit amendment would be needed to accommodate the addition of outdoor seating. The underlying zoning for the property, within the greater Planned Unit Development, is Commercial, which lists "establishments primarily for the sale of beverages for consumption on the premises" as a conditional use. The Applicant has stated that the beverage menu will focus on craft beers and seasonal cocktails. The food menu would consist primarily of American food including burgers, fries, sandwiches, wings, salads and soups among others. Hours of Operation Title XI Business Regulations, Chapter 111 Licenses, Permits, and the Like, Section §111.172 HOURS OF OPERATION states that every recreational establishment within the city must be closed to the public between the hours of 1:00 a.m. and 5:00 a.m. "Recreational Establishment" includes restaurants. At this time, the proposed hours of operation would be 11:00 a.m. to 1:00 a.m. The proposed hours would be similar to the Village Pub, located at 2720 Highway 88, which also has a CUP to operate within 250 feet of a residential structure or zoning district. Parking The City's parking ordinance requires that the number of parking spaces for restaurants be equal to the total designed seating capacity of the structure divided by 2.5, plus 1 parking space for each employee on the largest shift. The proposed number of seats in the restaurant is 110 and the estimated number of employees on the largest shift is 15. Based on this information, a total of 59 parking spaces are required for the proposed use. There are at least 80 parking spaces on the property, meeting the minimum required for the proposed restaurant. Consistency with the Comprehensive Plan The City of St. Anthony Village Comprehensive Plan (2008) guides the subject property for high density residential on the Future Land Use Plan (Figure 2-5), which is identified as a change from the Existing Land Use Map (Figure 2-1) which designates the property as currently being used for commercial use. Although the requested CUP is not consistent with the future land use, the comprehensive plan states that any land use changes will be initiated by the property owner, not the City. In addition, a CUP was approved for the property to allow for a restaurant within 250 feet of a residential structure or district in 2010, following the adoption of the Future Land Use Plan. Therefore, the Planning Commission may find that it is the intent of the Comprehensive Plan to support existing land uses based on the current zoning and not on the Future Land Use Plan. 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) (L) states that "Establishments primarily for the sale of beverages for consumption on the premises" is permitted in the C District only by conditional use permit issued by the City Council.