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HomeMy WebLinkAboutCUP 164; Kentucky Fried Chicken; Conditional Use Permit (CUP) (10)c MEMORANDUM /- DATE : September 12, 1979 TO : Planning Commission FROM: Planning Department SUBJECT: CUP-164, KENTUCKY FRIED CHICKEN * CONDITIONAL USE PERMIT TO ALLOW A "DRIVE-THRU" ADDITION TO AN EXISTING CHICKEN STORE. At the meeting of August 22, 1979, the Planning Commission held public hearings on the latest revision of the subject CUP. At that time, the Commission directed staff to prepare a resolution of approval for CUP-164. Staff had previously submitted their report recommending denial for the following reasons: 1. NEGATIVE IMPACT OF VEHICULAR CIRCULATION, PARTICULARLY ON ELM AVENUE. ALSO, THE PROJECT IS OPPOSED BY THE CITY'S TRANSPORTATION ENGINEER. e. NEGATIVE IMPACT ON PEDESTRIAN CIRCULATION. 3. CONFLICT OF GOALS BETWEEN THE PROJECT AND THE DEVELOPMENT OF THE DOWNTOWN COMMUNITY. (PROJECT IS OPPOSED BY THE REDEVELOPMENT STAFF) Staff has prepared, as directed, a resolution with conditions (see attached). Staff is unable to make the findings required to grant the CUP. Should the Commission, in opposition to staff's recommendation, wish to approve the requested CUP: staff has included the list of legally required findings for the Commission's use in making findings of approval. Staff has drafted a list of conditions in the event the Commission wishes to approve CUP-164. feelings that adoption of these conditions will not negate the impacts pursuant to the drive-thru addition. Staff would like to emphasize their Should the Commission grant the requested CUP, staff would stress the necessity of the inclusion of condition #3, provision of a landscaped median along Elm Avenue. This is the only means available to staff and the Commission to help mitigate the inevitable negative traffic impacts. Staff has included a condition granting the CUP to Kentucky Fried Chicken with provision that it is not transferrable nor assignable to others (see condition #2). Staff would like to remind the Commission that this condition in no way regulates the product sold nor type of business conducted by the applicant. P- A Due to the serious negative impacts anticipated and our inability to make findings required for approval, staff would, once again, strongly urge DENIAL of the requested CUP. CN ms 9/7/79 Attachments Staff Report dated August 22, 1979 Planning Commission Resolution , CUP-164