Planning Commission Minutes 2017 02 09

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Planning Commission Meeting Minutes February 9, 2017 Page 11 of 14 the deck playing while people are dining. We don't want something in the conditions to prevent this. I have talked to Staff about measuring the amount of decibels from recorded music in the public ROW. I don't know if that has been done in Louisville previously. We borrowed this language from Bittersweet. 4. (Same as 2011) The businesses shall provide sidewalk dining in the appropriate seasons to maintain street level pedestrian activities. My strong recommendation is that the PC make a decision about the conditions or possibly alter the conditions. The applicant is eager to begin construction. As a restaurant operator, he wants to be open by midsummer. Given our schedule for this hearing and CC, and building permit applications, it will take three months to build out. This puts his opening at the middle of July, which is later than he would like. Commission Questions of Applicant: Sheets says in terms of amplification of music, was that always part of the applicant's intention to have potential amplified live music? Is this part of his operation plan? Stewart says it came up in the SRU because it was a condition from Staff. From what I understand, the applicant wants to keep the current Waterloo location as his music venue. This location will be more dining venue. He is not focused on getting music there and it will not be a big part of the draw. Hsu says given the urgency that the applicant has, do you think he would be willing to accept the "no dancing or live music" SRU criteria for now? It doesn't seem to affect the building permits and he would get the summer opening. Perhaps we can deal with it later. Stewart says if it comes down to a mandated condition by the PC, his choice would be to move the music inside. He doesn't want to have another hearing date and be delayed. Zuccaro says Staff has been discussing a possible solution. Staff can mail notice to the 500' buffer as required for public hearing for CC and include the proposed conditions that come out of PC. Moline asks if the applicant reached out to any neighbors. Stewart says no. The applicant is eager to get started. We rushed to get documents together to submit to Staff and Public Works. Moline asks about the noise ordinance in the City. Zuccaro says there is a noise ordinance but it is not decibel -based. The City Clerk is working on adopting one for all zone districts. There is a nuisance ordinance for noise but it is difficult to enforce. We are looking at by -use or zone district. Stewart says I have not talked to any neighbors. The applicant is the operator and has been in Louisville for a long time. He may have ongoing conversations with people I am not aware of. Moline asks if the PC meeting tonight publicly noticed to the 500' buffer. Zuccaro says yes. Public Comment: None. Summary and request by Staff and Applicant: Staff recommends approval with the conditions: 1. Prior to issuance of the building permit, the applicant enter into an agreement with the City to ensure the safety and maintenance of the staircase within the public right-of-way. 2. Prior to certificate of occupancy, the applicant shall comply with all requirements of the amended conservation easement, including the interpretive signage. Closed Public Hearing and discussion by Commission: Below are listed the conditions proposed by Staff: 1. Prior to issuance of the building permit, the applicant shall enter into an agreement with the City to address safety and maintenance of the staircase within the public right-of- way.