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<br />October 1, 2008, DRAFT Planning Commission Minutes <br /> <br />PLANNING CASE # 08-026: CUP AMENDMENT: ARBY'S <br />RESTAURANT GROUP: 3751 LEXINGTON AVENUE - PUBLIC <br />HEARING <br /> <br />City Planner Meagan Beekman reported that Arby's Restaurant Group is <br />requesting approval of a Conditional Use Permit (CUP) Amendment to <br />reconstruct the existing Burger King restaurant located at 3751 Lexington Avenue <br />into an Arby's Restaurant. She stated the reconfiguration would include minor <br />alterations to the landscaping and signage, improvements to the parking lot, <br />sidewalks, and lighting, as well as significant exterior modifications of the <br />building. She explained that a CUP amendment, rather than a new CUP, is <br />required because the existing Burger King operates under an existing CUP and the <br />use is not changing, just the business. <br /> <br />Ms. Beekman reviewed the proposed site plan and stated the applicant will be <br />adding three new trees on the site, along with shrubs and perennials to improve <br />the landscaping. She stated the site plan meets the City's signage requirements <br />and noted whatever is ultimately approved would need a sign permit to meet the <br />zoning code. She stated the auxiliary signs on the property would be replaced and <br />would also need to meet the requirements of the code. She stated the applicant <br />will also be required to install a six foot privacy fence along the south and west <br />property lines to screen the adjacent property. She indicated staff recommends <br />approval of the CUP based on the findings of fact and the eleven conditions noted <br />in the October 1, 2008, staff report. <br /> <br />Chair Larson noted there is no walkway along the west side of Lexington Avenue <br />and asked if the applicant plans to install a walkway in the future. <br /> <br />Ms. Beekman replied that long-term City plans show a sidewalk running north- <br />south along Lexington Avenue. <br /> <br />Chair Larson asked if there is a provision requiring that the applicant provide a <br />sidewalk at this time. <br /> <br />Ms. Beekman replied there is currently not a requirement in the Code to require <br />that a sidewalk be put in; however, sidewalks will be made part of City policy in <br />the B-2 District, which could be extended into the B-3 district, if the City Council <br />so wishes. <br /> <br />Chair Larson opened the public hearing at 7:48 p.m. <br /> <br />Mr. Steve Lazenby, Director of Construction for Arby's Restaurant Group, <br />appeared before the Planning Commission and presented several photographs of <br />