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<br />Page 8 of 9 <br /> <br /> <br /> <br />Text Amendment Findings: <br />1. Flaherty’s, The Applicant, is proposing amendments to the language of Chapter 13 – <br />Zoning Code of the City Code. <br />2. Currently, Section 1305.04 does not include a definition for Commercial Recreation – <br />Outdoor. <br />3. The Applicant is proposing the City amend the zoning code to add a definition for <br />Commercial Recreation - Outdoor to Section 1305.04 of the Zoning Code. <br />4. The Applicant is proposing an amendment to alter the Land Use Chart in Section 1320.05 <br />of the Zoning Code to allow a Commercial Recreation – Outdoor as an Accessory Use in <br />the B2 General Business District. <br />5. The proposed amendment advances the economic development goals in the City’s <br />Comprehensive Plan because it provides for land use regulations in commercial zones that <br />provide flexibility for economic development while requiring high aesthetic standards. <br />6. Amendments to the Zoning Code regulations require a public hearing prior to action by <br />the City Council. <br />7. If the zoning amendments were approved, an Applicant would be required to apply for an <br />Administrative Permit for the accessory use to allow Commercial Recreation – Outdoor <br />within the B2 Zoning District. <br /> <br />Options and Motion Language <br /> <br />Staff has provided the following options and motion language for this case. The Planning <br />Commission should consider providing additional findings of fact as part of the motion to support <br />their recommendation for approval or denial. <br /> <br />1) Recommend Approval with Conditions Amendments: Motion to recommend approval of <br />Planning Case 23-007 for Site Plan Review at 1273 West County Road E and Zoning Code <br />Amendments to Section 1305.04 - Definitions, Section 1320.05 – Land Use Chart and <br />Section 1325.02 – Accessory Uses based on the findings of fact and the submitted plans, <br />as amended by the conditions in the April 5, 2023, Report to the Planning Commission: <br /> <br />1) That the project shall be completed in accordance with the plans submitted as amended <br />by the conditions of approval. Any significant changes to these plans, as determined by <br />the Community Development Director, shall require review and approval by the <br />Planning Commission and City Council. <br />2) An administrative permit shall be obtained for the commercial recreation outdoor area. <br />3) Prior to commencement of patio expansion, the Applicant shall provide the City with <br />the final erosion control plans for review and approval by the Public Works <br />Director/City Engineer. <br />4) All retaining wall materials shall be complementary to the building materials and shall <br />be approved in writing by the Planning Division prior to issuance of a building permit. <br />Retaining walls greater than four (4) feet in height shall be engineered and detailed <br />calculations shall be submitted to the City.