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Gmendment Application No. 2003-09 eneral Plan Amendment No. 2003-05 Conditional Use Permit No. 2003-31 Variance No. 2003-08 January 20, 2004 Page 5 The applicant proposes to open a restaurant within the United Automotive Building, which use is permitted in the SD. The SD requires there be an enhanced pedestrian plaza in conjunction with the restaurant. Caribou Industries proposes a 50-foot by 125-foot decorative pedestrian plaza on the west side of the building on a site currently owned by the City (Exhibit 5). This area will be licensed for use or potentially sold to the applicant by the City. A condition of approval will require the applicant to submit plans for Planning Commission approval of the pedestrian plaza area and complete construction prior to issuance of a Certificate of Occupancy for the restaurant. The main entrance to the restaurant will be located directly off the plaza area (Exhibit 6). Further, as a condition of approval, the applicant will need to execute a Right-of-Entry and License Agreement with the City to develop the plaza area on this parcel (Exhibit 7). Caribou Industries intends to operate the restaurant seven days a week, Ofrom 7:00 a.m. to midnight. A condition of the SD requires that the restaurant be closed at 12:00 a.m. midnight to all patrons and allow for restaurant staff to conduct the necessary closing procedures including clean up until 1:00 a.m. Additionally, there shall be no business operations between 1:00 a.m. and 5:00 a.m. This condition combined with the closing procedures would mitigate noise for the residential units above the restaurant. Consistent with current standards, full free- standing banquet facilities require a conditional use permit; however, it is reasonable to assume that the proposed restaurant will also serve banquet functions, but only where they are ancillary to the full service sit-down restaurant. The proposed SD prohibits live indoor entertainment, amplified or D.J. music based upon Police Department concerns. The concern relies on a consistent Police Department policy to oppose such entertainment as it may negatively affect the surrounding area. Staff and the Police Department conducted an on-site noise test to evaluate the ambient noise level with amplified music. The results showed that the interior noise generated from the amplified music will not be significant given the construction type of the building, the surrounding ambient noise levels and the distance between uses. Non-amplified outdoor music during the day would not create a significant impact for the surrounding uses. Caribou Industries has indicated that for the restaurant to be ~uccessful, indoor live entertainment and D~J. amplified music, and .imited outdoor music will be essential. The Planning Commission has in Page 119 75.A.