HomeMy WebLinkAboutPH 1a USE PERMIT 83-9 08-01-83DATE:
July 25, 1983
PUBLIC'HEARING NO~ I
Inter-Corn
FROI~:
SUBJECT:
Honorable Chairman & Planning Commission Members
Community Development Department
Use Permit 83-9
Applicant:
Location:
Zoning:
Request:
Stephen Schuster & Gordon Gray on behalf of McDonald's
Restaurants
245 E. First Street
Central Commercial (C-2)
Authorization to construct a children's play area in the front
patio and landscape area of an existing fast food restaurant
BACKGROUND
In December, 1968, Use Permit 68-274 was approved authorizing development
of the McDonald's restaurant at 245 E. First Street. Subsequently, Use
Permit 77-31 approved a remodel and addition to the restaurant. This
addition included the installation.of a drive-thru service window.
At this time the applicant is requesting that the patio area in front of
the restaurant be converted into a children's play area. Because of the
outdoor aspects of the proposal, and the fact this application is
considered an amendment to the previous Use Permit, a public hearing is
required.
ANALYSIS
As submitted, the project proposes to utilize the front portion of the
McDonald's property as a play area for children, as well as an outdoor
eating area. The "playland" would be enclosed by a 6'0" combination slump
stone and wrought iron fence. The outside seating capacity would be
approximately 35.
A review of the plan has determined that the site has 15 more parking
spaces than required (including the outdoor seating), and that there are no
deviations from Code requirements in terms of the setback or height
requirements. However, the site plan only indicates a 2'0" landscape area
along the front of the property. A 5' perimeter landscape planter is the
standard requirement.
It is staff's opinion the primary issue before the Commission is to
determine the appropriateness of the play area for a commercial business
along First Street. An additional concern revolves around the use of
registered trademarks as a part of the play area equipment. The Commission
should determine if the use of such equipment is in conflict with the Sign
Use Permit 83-9
July 25, 1983
Page 2
'Ordinance. Usable equipment (e.g., slides) might not be considered
advertising devices; but, the only function of the illuminated statutes
outside the play area is to advertise.
The subject project meets code requirements with one exception: A gate must
be provided at the northern most corner of the enclosed area to comply
with Uniform Building Code regulations.
RECO~NDATIONS
Options available to the Commission are as follows:
1. Approve Use Permit 83-9 as submitted.
Approve Use Permit 83-9, addressing only the requested use and denying
the use of equipment bearing registered trademarks or logos.
3. Deny Use Permit 83-9 as an inappropriate use for the site.
If the Co,,.isston approves Use Permit 83-9 either with or without
McDonald's equipment, the following conditions should be included in the
resolution of approval.
A. The walk way for the handicapped parking must be clearly marked "Keep
Clear" to provide proper access across the drive aisle.
The statues located outside the immediate play area should be removed as
they are not a portion' of the play area. These sections should be
properly landscaped.
C. A gate must be provided at the northern most corner of the enclosed area
to comply with Uniform Building Code regulations.
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