2018-70 Ordinance Granting Conditional Use Permit to allow for a drive-up Facility in the B-1 Neighborhood District 806 South Jasper Street

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Mr. Ribhi Qattoum was sworn in by Mrs. Poland. Mr. Qattoum stated he and his brother purchased this property last year and would like to open up his own pharmacy. He stated most people use the drive-up for the pharmacy instead of walking inside. They are not going to have liquor and plan on having food, medical supplies and convenience store items. Mr. David Mattingly, owner of apartment building, was sworn in by Mrs. Poland. Mr. Mattingly has four(4)tenants in the apartment building to the east. Each front door and living room faces the proposed convenience store/pharmacy. The lights of each vehicle will shine in on each apartment. He is not opposed to the development. He does not want to have only shrubbery put up as a buffer. He would like a fence and shrubbery to protect the property and the tenants that live there. Mrs. Cave stated the owner will put up a thirteen (13) foot buffer yard from the sidewalk that will be greenery and a solid fence. There will be no speaker at the drive-thru. Currently,there is paving all the way up to the sidewalk of the apartments. The owner will be removing thirteen(13) feet of the pavement and it will be green as well. The parking stalls on the south side of the property line will face to the south/southeast and not to the east. A solid fence will replace the arborvitae trees on the landscaping plan. Mrs. Cave would like to request the Commission to modify the staff recommendation conditions to not require curb islands in the parking lot. Mr. Bruce Jeffery asked how long the Conditional Use Permit is in effect. Mr. Lai stated the Conditional Use Permit is issued to the owner, not the property. Mr. Bruce Frantz asked if there was only one (1) drive-up window. Mrs. Cave said that it correct. Mr. Quattoum stated the customer will drop off the prescription and corne back at a later time to pick-up the prescription. They will not be allowed to wait. It was moved and seconded (Frantz/Jeffery)to revise the previous motion for Case No. 18-46 to forward to the City Council with a recommendation of approval as set forth with the following conditions: 1. The developer and City staff work together on the landscaping plan to incorporate a solid fence along the east side with landscaping. 2. No outside spealcers shall be permitted. 3. All lights facing the east and south shall be shielded. 4. Hours of operation shall only be permitted between the hours of 5:00 AM and 10:00 PM. 5. Final site, landscaping and lighting plans shall be submitted to and approved by the Economic and Community Development Department, Public Works Department and the Fire Department prior to permits being released. 6. No alcohol sales shall be permitted. Upon call of the roll, Commission members Bruce Jeffery, Jack Myatt, Bill Clevenger, Bruce Frantz, and Acting Chairman Kent Newton voted aye. Acting Chairman Newton declared the motion carried.