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City Council Regular Meeting Minutes March 26, 2024 Page 2 1 V. REPORTS FROM COMMISSION AND STAFF. 2 3 A. Resolution 24-023 — Approving a Request for a Conditional Use Permit for a Temporary 4 Building and Seasonal Garden Facility in the C-Commercial District — 2900 Pentagon 5 Drive. 7 City Planner Grittman reviewed the Planning Commission considered the proposed Conditional 8 Use Permit at a public hearing during its regular meeting on March 19, 2024. The 9 applicant/owner was present at the meeting to answer questions from the Commission. No other 10 members of the public were present. The Commission discussed the proposed use, noting that it 11 had existed largely in the same location and nature of operation in previous years, without 12 apparent incident or issue. Questions were raised as to the restroom facilities available to 13 employees and the applicant indicated that they have had an informal working relationship with 14 the Subway Restaurant in the past and anticipates that this will continue to be the case. The 15 Commission asked that the applicant document that approval by correspondence from the 16 restaurant owner/manager for the record, which he agreed to do. Following discuss, the 17 Commission voted unanimously to recommend approval of the Conditional Use Permit with the 18 conditions identified. The conditions have been expanded slightly to express the Commission's 19 recommendation that staff would have the authority to approve any future request for portable 20 restroom locations if such a facility were to be needed. 21 22 Mr. Grittman stated the applicant is seeking approval of a Conditional Use Permit to erect and 23 operate a temporary garden center as a commercial use on the property at 2900 Pentagon Drive 24 (the St. Anthony Shopping Center). The garden center would be set up and placed in the parking 25 lot of the center along the outer boundary of the property nearest the frontage road for Highway 26 88. Temporary structures such as this are specifically allowed as Conditional Uses, with a series 27 of conditions that relate to the site conditions and requirements for the facility, including 28 duration, signage and other operational elements. Two emails were received and both gave 29 support for the request. 30 31 The Staff Analysis of the request was reviewed. Staff recommends approval with the following 32 conditions: 33 34 1. Issues related to building, fire, and other related City Codes shall be subject to 35 comment and recommendation by applicable staff. This CUP is provided for land use 36 purposes only, and other applicable licenses or permits require separate application. 37 38 2. The applicant receives, and provides to the City, operational information related to 39 utility services and any details related to use and location of portable restroom 40 facilities on the premises. If portable restroom facilities are proposed at some point in 41 the future, the applicant may provide information to the City and Staff shall have the 42 authority to approve a location consistent with the requirements of the City Code. 43 44 3. The CUP is provided for the requested site only. Changes in location, size, operation, 45 or other aspects of the facility will require a new CUP application. The CUP, per the 46 allowances of the Zoning Ordinance relating to Temporary Structures, remains valid