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Saturday. Mr. Paschke noted he received a number of telephone calls opposing the request due to the increased traffic and submitted 2 emails to the Chair both opposing the request. Chair Traynor read both emails into the record (Milo Peltron, Burke Avenue, because of night time traffic and on-site liquor, and Will Jass and Lester Dee, Sherman Street, because of traffic closeness to Calvary Church, Lexington Park, Calvary Day Care, and adjacent multi-family housing). Chair Traynor asked for details of why a Conditional Use Permit (CUP) is needed. Mr. Paschke explained that if a liquor store is located within a shopping center as defined by Section 1002.02 of the City Code, no CUP is required. However, liquor stores not located in shopping centers (stand along facilities) and within the B-2, B-3 and B-4 zones require a CUP. Mr. Paschke explained the newest liquor store is within Lexington Plaza Shopping Center. Member Peper noted that the use (liquor) is permitted with a CUP but that a license for liquor is required from the Council. Chair Traynor asked for clarification of adjacency of uses and buildings adjacent to residential zones. The SuperAmerica is relatively closer to residential areas. Mr. Paschke did not agree stating that 4 other off-sale liquor stores are of a similar distance to residential, parks, and schools as the proposal by SuperAmerica. Mr. Paschke added that there is no distance requirement in the land use portion (Title 10) of the City Code. Member Peper noted that liquor stores are not open on Sundays (change the staff recommendation). Member Bakeman asked for history of the site. Thomas Paschke explained the City Council approved a Special Use Permit (SUP) in 1985 for gas and convenience store and a variance with conditions; in 1987 the Council approved an amendment to the Comprehensive Plan and a SUP for expanding the use of the site to the east w/conditions; and in 1990 the Council approved a SUP for exterior display of merchandise. Chair Traynor asked how a different use can be compatible with the site. Thomas Paschke explained that liquor is a retail use, permitted on the site if it is determined to meet the criteria established und the CUP process. Member Peper asked when the four curb cuts were created (1985). Traffic has increased significantly since then. Should the two driveway entries closest to the comer remain? Are they useful? (They act as relievers for traffic.) Member Stone asked for details on ADT and turning movements. Glen Van Wormer, SEH Consultants senior traffic engineer, explained the traffic volumes. He noted the volumes have remained consistent and stable for the past ten years. He explained volume of traffic based on similar uses; 80% of customers are already on the site for gas/convenience, while 20% will enter the site for liquor only (100 additional trips per day - with 3400 trips total per day). The change from 1600 s.f. to 2200 s.f. was analyzed, including the reduction in convenience store. The capacity ofthe intersection is level "D", with north bound and east bound congestion. It still works at design capacity for a three-lane road. Member Bakeman noted that a change from four lane to three lane in recent years has created traffic backups from 3:30 to 6:00 p.m., consistently on Thursday and Friday evenings. Where in category "D" does this intersection fit (high or low, and what happens when new vehicles are added). Mr. Van Wormer noted traffic level "D" - 7 5% filled is still usable. He calculated the new liquor use will add one car every 5 to 6 minutes in peak times - which is acceptable from engineering perspective. There will be a total of 100 additional vehicles. Member Bakeman asked if average convenience store use would be 50/50, but at this site it would be slightly more convenience sales customers compared to gas sales. Chair Traynor asked if an acceptable design in "D". In the Comprehensive Plan (Dan Meyer, BRW) states that road condition "D" is not acceptable. Mr. Van Wormer stated he would not dispute the letter in the PF3524 - ReA 012604 - Page 10 of 14