Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing.

If no public comments are received requiring additional study, staff is recommending the following:

1. Change Section A18-2 (2) to read as follows:

• Class I restaurant. either freestanding or within a multi-tenant building or Class II restaurant, lunch counter or delicatessen facilities within a multi-tenant building.  No Class II fast food restaurants or drive-through restaurant facilities may be located as a separate, stand-alone building;

    2.    Add the following uses to Section A18-2:

• Class II restaurant, lunch counter or delicatessen facilities within a multi-tenant building. No Class II fast food restaurants or drive-through restaurant facilities may be located as a separate, stand-alone building

• On-sale wine and/or 3.2% liquor in conjunction with a restaurant facility

• On-sale liquor in conjunction with a restaurant facility.
  
  

For consideration are two proposed zoning amendments to Planned Development No. 507 to allow on-sale liquor as a permitted use and identify Class I restaurants as a permitted use.  The planned development ordinance currently allows for a Class I restaurant, either as a free-standing or within a multi-tenant building as a permitted use in zone 1.  On-sale wine and/or 3.2% liquor in conjunction with a restaurant facility is a permitted use in zone 2; and on-sale liquor in conjunction with a restaurant facility and Class I restaurants are permitted conditional uses in zone 2 only. 

During review of a request for a proposed restaurant with on-sale liquor in zone 1 of the planned development, staff became aware that this would not be allowed under the current ordinance.  This review also concluded that the on-sale liquor operations at the existing Red Robin restaurant is not currently allowed. 

Therefore, staff is proposing simplifying the Class I restaurant description in zone 1 by removing  the "either free-standing or within a multi-tenant building" language, separating Class I and Class II restaurant descriptions, and adding on-sale wine and 3.2% liquor, and on-sale liquor in conjunction with a Class I restaurant facility as a permitted uses in that zone.    

"PD-507" was established in 1991 and encompasses approximately 53 acres east of Cedar Avenue, south of 155th Street West, west of Galaxie Avenue, and north of 157th Street West.  The planned development was created to provide for an integrated mix of certain retail, office, medical, restaurant, commercial recreation, transit related and institutional uses and multi-family uses. 

Eight subzones were established with the planned development zoning district.  Current uses include a gas/convenience operation, Class I restaurant, movie theater, in zone 1;  surface parking lot in zone 2; MVTA park and ride facilities,  Chasewood townhomes in zone 3; Fairview Cedar Ridge Clinic in zone 4; Cortland and Orchard Square senior apartments; Cedar Pointe townhome development in zone 6; and  MVTA park and ride facilities in zones 7A and 7B.  

At the time of the approval of the planned development ordinance Class I and II restaurants were listed a permitted uses in zone 1;  on-sale wine and 3.2% liquor in conjunction with a restaurant was listed a permitted use and Class I restaurants and on-sale liquor in conjunction with a restaurant were listed as conditional uses in zone 2.  This is similar to uses allowed in the "LB" (Limited Business) and "NCC" (Neighborhood Convenience Center) zoning districts, which this section of the "PD" ordinance was modeled after.

It appears that on-sale liquor in conjunction with a restaurant was inadvertently left off the list of permitted or conditional uses in zone 1.  The addition of the on-sale liquor will make it generally consistent intent of modeling the planned development ordinance after to two before-mentioned general zoning districts.