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Mr. Tom Childress, Associate Planner, provided an overview of the staff report and indicated that on March 11, 1996, Conditional Use Pernit No. 96- 09 was presented to the Planning Commission and was approved. Prior to the April 1, 1996, City Council meeting, staff had receive a letter from the adjacent property owner stating that he was unable to attend the hearing due to being out of town and requested that his position be relayed to the Council prior to rendering a final decision. City Council remanded the decision back to the Planning Commission to reconsider their action. In addition, Mr. Childress stated that staff's recommendation for the project was to approve the request. ' Mr. Ted Vandling, adjacent property owner, indicated that he would like to request that the hours of operations be limited to 10:00 p.m. due to the amount of criminal activity in the neighborhood. In addition, Mr. Vandling also expressed concerns regarding security for the neighborhood if the hours went beyond 10:00 p.m. Mr. Lou Cardona, Bella Vista Apartments, indicated that the distance from the restaurant to his front door was approximately 50 feet. He further stated that there had been an increase in noise and loud music during the late night hours; and he believed the nearby night club traffic of Paddy Murphy's would relocate to the restaurant if it remained open during extended hours causing more aggravation to the situation. Commissioner Oliver sympathetically expressed his concern with the gentlemen and questioned the need for Del Taco to remain open for after hour operations. Mr. Adams informed the Commissioners that the request from the applicants is to maintain the 24 hour operation of the restaurant. The Commission could place restricted hours of operation on the restaurant or approve or deny the applicant's request. Commissioner Oliver moved to deny Conditional Use Permit No. 96-09 as conditioned and to approve Conditional Use Permit No. 96-09 with no restaurant operations between the hours of 12:00 a.m. to 6:00 a.m. Commissioner Doughty seconded the motion. Commissioner Nalle commented that the applicant's request was to remain open between the hours of 12:OD a.m. to 5:00 p.m. ' After further discussion, Commissioner Oliver withdrew his previous motion and moved to deny Conditional Use Permit No. 96-09. The motion was seconded by Commissioner Doughty. AYES: Brown, Oliver, Doughty, Nalle and Pedroza NOES: Mondo and Segura ABSENT: None 3. CONDITIONAL USE PERMIT NO. 96-14 (Larry Yenglin) Filed by Mercy HouseTransitional Living Centers to allow a transitional living center for up to 24 single men located at 210 East Sixteenth Street in the High Density Residential (R3) zoning district. LEGAL NOTICED: April 9, 1996 PUBLIC NOTICED: April 9, 1996 RECOMMENDATION: Approve Conditional Use Permit No. 96-14 as conditioned by staff and adopt the findings as submitted by staff. Mr. Larry Yenglin, Associate Planner, provided an overview of the applicants request to allow a transitional living center for 24 single men. In addition, he indicated that the center would provide counseling for the men; the residents of the center would not be serious offenders; and the community supports the proposal and staff recommends approval of the request. Commissioner Mondo asked what measures would be taken to select the residents. Mr. Larry Hanes, representing Mercy House, indicated that there was overwhelming support for the project; background checks would be done; and there would be 24 hour supervision on the premises. Commissioner Doughty asked how the lack of parking would be addressed. Mr. Hanes responded that there would be eight parking spaces. However, if the parking spaces were not adequate additional parking could be provided by the Regina House. Commissioner Oliver asked if felons or parolees would be residents at the center. PLANNING COMMISSION MR9llTPS 5 APRIL 22, 1996