31A - CUP - 515 N MAIN ST STE B - Laserfiche WebLink

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CUP Nos. 2011-07, 2011-15 & 2011-16 July 11, 2011 Page 5 Since the City's over concentration standards do not apply to on-sale establishments, the Police Department considered two factors when reviewing this application, crime rate and sensitive land uses. The Police Department has determined that this establishment is located in an area that is above average in police-related incidents. This site is located within Reporting District No. 186, which ranks 1stout of 102 citywide districts in total number of police-related incidents. In terms of land uses, no residences or sensitive land uses were found that might be impacted by this action. Based on the above average crime rate, the Police Department recommends approval of the CUP's provided that conditions are imposed to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact adjacent land uses. In addition, the Police Department has reviewed the applicant's request to allow the restaurant to remain open after midnight and to operate a banquet facility at the restaurant and finds that the proposed conditions will address any potential impacts that may occur. Zoning Administrator's Public Hearing On April 27, 2011, a public hearing was held for the proposed ABC license. During the hearing, the Zoning Administrator noted that the restaurant's ground level floor plan did not include enough information that clearly depicted the use as a bona fide eating establishment. Further, the applicant noted that the second level floor plan was incorrect as a dance floor was no longer proposed for the use. As a result, the Zoning Administrator continued the conditional use permit to allow the applicant time to revise the plans. In response, the applicant submitted revised plans that accurately depict the restaurant as a bona fide eating establishment and that removed the dance floor from the second floor. On May 18, 2011, a second hearing was held on the proposed project. Although the applicant made the modifications to the floor plans requested at the April 27th hearing, the item was again continued as the applicant stated that he wanted approval to operate after midnight and as a banquet facility. Since both of those actions require separate conditional use permits, the Zoning Administrator continued the project to allow the applicant time to file the CUP applications, which would allow all three applications to be scheduled for the same Planning Commission hearing. In early June, the applicant submitted applications for the afterhour's operation and the banquet facility. In response, the Zoning Administrator remanded the ABC license to the Planning Commission for a determination on June 8th Public Notification The project site is located within the boundaries of the Downtown and Lacy Neighborhood Associations. The presidents of these Neighborhood Associations were notified by mail 10 days prior to this public hearing. In addition, the District representative from the City's Neighborhood Improvement Division contacted the presidents to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association presidents, nor was there a request that the applicant present the project to a meeting of their members. 31A-7