Planning Commission Agenda and Packet 2021 02 11

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Planning Commission Meeting Minutes November 12, 2020 Page 4 of 10 Howe asked about the requirements about buffers between buildings. Ritchie replied that the zoning code allowed a zero lot line in this particular area. She further explained that in the transition portion of the downtown area, the language says to maintain a setback of 5 feet, though it is not a strict limitation. The proposed setback would run anywhere between 3.5 and 4.5 feet. Staff believes that the proposal meets the setback intent, even though it was somewhat less than the typical setback for this area. Williams asked for clarification on setbacks in the transition area and about buffers between residential and commercial uses. Ritchie replied that the area had a hard line of zero and the transition area discusses a typical setback of 5 feet, but it was not a hard-and-fast standard. She understood the application to be within the Code. There was no buffer between residential and commercial. Williams asked if the hours of operation in the staff packet were correct. Ritchie replied that the hours were correct and added that there were a lot of older SRUs downtown that did not include hours of operation, but some of the new ones did. Rice asked if outdoor music automatically prompted an SRU. Ritchie replied that the music question was relatively new downtown and staff had been trying to figure out the best way to regulate the impact of music on surrounding properties. Staff was reticent to say that all music had to be noticed in an SRU since early SRUs were silent on the issue, but for new proposals, staff was trying to get ahead of this issue through the SRU process. Rice explained that he was thinking about external effects under Criteria 4 for SRUs and wondering if music fell under that criteria. Otherwise, he did not see where outside music was addressed. Zuccaro responded that the SRU was for outdoor sale of food and drink, not outdoor music. He explained that the City has determined that a customary use of an outdoor dining area is having music, whether it be speakers or a live band, thereby allowing staff to limit music as noise related to outdoor dining. Rice asked for clarification on whether the proposal, as written, agreed to no amplified music at any time. Ritchie confirmed. Rice noted that whether music was amplified or not it could still affect neighbors. He clarified that the application, as it stands, would allow acoustic music up until midnight on some nights. Ritchie confirmed.