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<br />Page 2 of 4 <br /> <br />spaces are accessible parking spaces that will be relocated near the patio within the existing <br />parking lot. A Site Plan Review is required in any Business, Industrial, or Multiple Family <br />Zoning District when there is the reorganization of parking, drives, and entrances. <br /> <br />As part of the application, the Applicant is also requesting a zoning code amendment to allow for <br />commercial recreational use to be conducted outdoors in the B-2 Zoning District. Currently, the <br />city code limits any commercial recreational activity to be conducted within an enclosed building <br />(i.e. indoors). The Applicant is proposing that the allowance for a commercial recreation – <br />outdoor would be limited to being an accessory use only when conducted in conjunction with a <br />commercial recreation – indoor land use. Additionally, their narrative notes that restrictions <br />could be included in the amended ordinance language such as capping the evening hours for <br />which the outdoor recreational activity would be allowed (i.e. 10 PM) or no high voltage lighting <br />(i.e. flood lights). <br /> <br />Findings of Fact <br /> <br />The Planning Commission reviewed this application at their April 5, 2023 meeting and have <br />offered the following findings of fact for your consideration. <br /> <br />General Findings: <br />1. The Applicant has submitted an application for Site Plan Review at 1273 West County <br />Road E to expand the existing outdoor patio that will include an accessory outdoor <br />commercial recreation area. <br />2. The Subject Property is located within the B2 General Business District and is guided as <br />Community Mixed Use on the 2040 Land Use Plan. <br />3. Through the Site Plan Review, the Applicant is seeking approval to remove five off-street <br />parking spaces and reconfigure the location of accessible parking spaces in order to expand <br />the outdoor patio space. <br />4. The Applicant is proposing to add approximately 1,350 square feet of new impervious <br />surface for the expanded outdoor patio area and is converting approximately the same <br />square footage of existing impervious surface to a permeable surface with the addition of <br />artificial turf on the Subject Property. <br />5. The proposed plan does not conflict with the general purpose and intent of the Zoning <br />Code or the Comprehensive Development Plan for the City. <br />6. The application is not anticipated to create a negative impact on the immediate area or the <br />community as a whole. <br />7. The proposed plan will not produce any permanent noise, odors, vibration, smoke, dust, <br />air pollution, heat, liquid, or solid waste, and other nuisance characteristics. <br />8. The proposed plan is not anticipated to have any impact on traffic or parking conditions. <br />9. The outdoor patio and accessory commercial recreation – outdoor area would be in <br />compliance with all provisions of the Zoning Code. <br />10. A public hearing is not required for Site Plan Review. <br /> <br /> <br /> <br /> <br />