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meeting. 6. Hearings a. Planning File 3524: CONTINUED HEARING - Request by Speedway SuperAmerica for a Conditional Use Permit in accordance with Section 1 005.04C17 and 1013.01 D (Conditional Use Permits) of the Roseville City Code for 2172 Lexington Avenue. Chair Traynor re-opened the hearing and requested the City Planner present the verbal summary of the staff report dated January 7,2004. Mr. Paschke indicated that this is a request by SuperAmerica, 2172 Lexington Avenue, for a Conditional Use Permit to allow off-sale liquor sales in a 2,200 sq. ft. portion of the convenience store with a separate entry. A separate liquor license approval is also required and is decided upon by the City Council. The City Code stipulates that licensed premises shall have at least 1,600 square feet of sales floor space including sales coolers and excluding walk-in storage coolers. He noted the proposal change adding 600 sq. ft. to the size of the off-sale store and the entry relocating to the east side of the building. Mr. Paschke further advised he has reviewed the proposal and determined that the land use portion of the City Code allows off-sale liquor sales on this site with an approved Conditional Use Permit. The land use portion of the Code does not limit size, but rather the licensing section of the Code (302) requires a minimum of 1 ,600 sq. ft. for off-sale liquor stores. The Planner further indicated that the use of SuperAmerica as an off-sale liquor store will not significantly impact traffic. Specifically, the traffic study completed by SEH Consultant, Glen Van Warner, indicated that overall traffic on the SuperAmerica site will increase by approximately 3.5% or an increase of approximately 100 vehicle trips per day on a site that currently produces an estimated 3,400 vehicle trips per day. Mr. Paschke advised that the use of the SuperAmerica site as an off-sale liquor store is compatible with the existing site plan, has a minimal impact on internal circulation, requires no additional landscaping, and the structure and use have previously been determined to be compatible with contiguous properties (see staff report of 01/07/04 for a-f). Mr. Paschke advised that based on the information provided and the findings in Section 5 of the project report dated January 7,2004, as well as the analysis provided by SEH Consultants, the Community Development Staff recommends approval of a Conditional Use Permit in accordance with Section 1 005.04C17 and 1013.01 D of the Roseville City Code to allow the 2,200 sq. ft. area within the convenience store to provide off-sale liquor sales within a separated area and with a stand-alone entrance at 2172 Lexington Avenue, subject to the following conditions: A. The off-sale liquor portion of the convenience store being limited to a size of 2,200 square feet. B. The separate liquor store entrance must be from the east side of the building. C. The parking and island area located on the south side of the structure must be modified so that all stalls face north (as per Consultant's report of December 18, 2003). D. The review and approval of a building permit for renovations must be consistent with the approved conditional use permit plans. E. Because this store is adjacent to existing residential development, hours of operation and delivery being limited to standard hours of "stand alone" liquor store operations, with the liquor store closing by 8 pm. Sunday through Thursday, and by 10 pm Friday and 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.