Planning Commission Agenda and Packet 2023 08 10

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Planning Commission Meeting Minutes July 13, 2023 Page 3 of 14 further amendments to the PUD in the future to put more permanent structures in place, if the to -go allowance is not extended. Staff Recommendation: Staff recommends approval of the PUD amendment, with several conditions, (which are clarifying notes as listed in the staff report). Staff approves of the requested waiver of surface material as well as the waiver of the 11 parking spaces. Commissioner Questions of Staff: Choi clarified that the emergency egress is on the southeast corner of the site plan. Osterman asked about why the City/ Commission granted the TUP previously and what was the City looking to learn over the TUP period? Zuccaro replied that there was some confusion about zoning requirements, and planning staff worked with the applicant to allow them to operate and to give them the time to put in permanent improvements (which they have done in the interim). Also, they wanted to make sure there would be no complaints from the neighbors. Zuccaro said is not aware of any complaints from the surrounding properties. Choi asked if there is any other precedent in the City with liquor license and to -go beverages and whether there is any conflict of interest. Zuccaro said no other business operates in this way, but that staff has spoken with the Clerk's office at length about the circumstances. The Clerk staff have shared that this is allowed by the state, but there are no other businesses operating in this fashion. Howe asked for clarification on conditions 2 and 7, regarding safety issues with crossing over the driveway. Zuccaro said that staff were very concerned and wanted to make sure that the beer garden is fully enclosed. The PUD does not have any other signage for the crosswalk. Zuccaro said the Commission could ask for a permanent crossing sign (i.e., "Caution High Volume Crossing"). Regarding lighting, there are existing streetlights, the original PUD has a photometric plan and the lighting is adequate in staff's opinion. Zuccaro said they could ask for more lighting if desired. Baskett asked if there is an existing striped crosswalk; Zuccaro said yes. Howe asked about the public drive. If an incident occurred, would the liability be on the City? Zuccaro said it is a bit of a unique circumstance, and that he cannot speak to the City's legal liability, but that the liquor licensing authority approves of alcoholic beverage uses all the time, and that the City cannot control public behavior. Brauneis asked if the drive lane is on private property; Zuccaro said yes. Choi asked if there are any heaters on the plan; Zuccaro said he would defer to the applicant. Choi asked about a note on the plan about a stage, and whether there might be sound impacts to neighbors. Zuccaro said staff considered it but did not note any conditions, City of Louisville Community Development 749 Main Street Louisville CO 80027 303.335.4592 (phone) www.LouisvilleCO.gov 5