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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Excerpts from Plan Commission Meeting of November 1,2018: Case No. 18-46 Petition of SAJED AND RIBHI QATTOUM, for a Conditional Use Permit in the B-1 Neighborhood Shopping District to allow for a drive-thru facility for a convenience store/pharmacy,without extended hours as defined, located at 806 SOUTH JASPER STREET It was moved and seconded (Frantz/Clevenger)to forward Case No. 18-46 to the City Council with a recommendation of approval as set forth in the staff report. Mr. Scott Dedert was sworn in by Mrs. Janet Poland. Mr. Dedert discussed and presented slides of the site and surrounding properties (available for viewing upon request) along with the recommendation of staff: The petitioner is requesting a drive-up facility within the proposed convenience store/pharmacy at the subject site. Staff recommends approval of the conditional use permit with the following conditions: 1. Install landscaped curb islands at the two ends of the parking row in the front of the building. 2. An alternative landscaping plan may be considered if the applicant can prove there is a "unique situation" associated with the property. Otherwise, a 13' buffer is required to the east between the property and residential use. 3. No outside speakers shall be permitted except for the drive-through facility. 4. All lights facing the east and south shall be shielded. 5. Hours of operation shall only be permitted between the hours of 5:00 AM and 10:00 PM. 6. 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. Mr. Dedert discussed the setbacks and property lines for the subject site. Mr. Jonas Ozier and Mrs. Mary Cave, representatives for the petitioner, were sworn in by Mrs. Poland. Mr. Ozier handed out a site plan for the subject site and stated the petitioner wants to convert the existing building into a pharmacy/convenience store. The lot to the south was purchased and the house was demolished. The parking requirements have been met and a Conditional Use Permit is needed to have a drive-thru to accommodate the pharmacy. Mrs. Cave stated a few changes have been made to the site plan that was handed out and they also have a few issues with some of staff's recommendations that she would like to review with the Plan Commission. Mrs. Cave said the first issue they have is to Condition 1: installing landscaped curb islands. Mrs. Cave said the lot is paved to the north and west property lines. The owner will remove pavement in order to landscape between the parking lot and the property lines. The cost to remove additional pavement and install the curb islands is an excessive expense to the property. Mrs. Cave said there is sidewalk on the north side of the building to take pedestrians safely to their vehicles. There is a