This zoning hearing was continued from the September 27, 2018, and the October 11, 2018, City Council Meetings. 

The petitioner, Richard Mopper for Tafina LLC, is requesting approval (File No. 18-003858-ZA) of a special use within a PUD-IS-B (Planned Unit Development-Institutional) Zoning District. The requested special use is an assembly hall (Section 8-3025(b) Use #20a). Section 8-3002 defines an assembly hall as “a facility available for use by the general public for meetings, parties, events and activities of a similar nature.  Such use may include the use of any outdoor area onsite and any kitchen facilities associated with the use".  The PUD-IS-B district allows certain uses by right, and a provision that other uses may be approved by the Mayor and Aldermen as a special use based on the review criteria established in Section 8-3163(b). The property is currently an antique store. The petitioner is requesting special use approval for the assembly hall. 

The Mayor and Aldermen rezoned this property to the PUD-IS-B Zoning District on July 2, 1998, under MPC File No. 98-12106-S. On March 15, 2016, the Mayor and Aldermen granted conditional approval of a restaurant, sit down or cafeteria, which serves alcoholic beverages (Section 8-3025(b) Use #48) as accessory use to the existing antique store (File No. 15-003655-ZA).

MPC staff had recommended denial of this new petition for the special use as an assembly hall, noting that although Victory Drive is a heavily traveled commercial corridor, the properties immediately adjacent to the subject property are residential in nature. 

On August 28, 2018, the Planning Commission voted to recommend approval of an assembly hall as a special use at 1650 E Victory Drive with the condition that the maximum occupancy not exceed 156 persons. This is based upon the parking calculation of one off-street parking space per four occupants. The building official and the fire marshal determine the occupant loads of a building and site. The 2018 Concept Plan indicates 13 existing parking spaces and 26 new parking spaces for a total of 39 off-street parking spaces.

Approval with the following conditions:

1. The restaurant and assembly hall use shall be accessory to the existing antique store.  A restaurant or an assembly hall as principal uses shall not be permitted.

2. Any building addition established for the restaurant and assembly hall use shall not exceed 1,000 square feet.

3. The restaurant shall have a maximum of 49 seats.

4. The assembly hall use shall have a maximum number of 156 occupants.  However, if the number of parking spaces is increased, after review by the City, the parking calculation shall be one (1) parking space for every four (4) occupants.

5. The hours of operation of the antique store, restaurant, and assembly hall shall not precede 9:00 a.m. or exceed 9:00 p.m.

6. The restaurant shall not include a drive-thru.

7. The assembly hall use may include the use of any outdoor area onsite and any kitchen facilities that are associated with such use, including a mobile food service unit.

8. The restaurant and assembly hall uses may sell, serve, or allow the provision of alcoholic beverages.

9. The assembly hall and/or restaurant shall not operate until a site plan has been reviewed and approved through the City’s Site Development Permit Review Process exhibiting that all development standards including setbacks, buffers, and required parking have been met.

10. This Ordinance incorporates the relevant conditions that were approved under MPC File No. 98-12106-S on July 2, 1998 and File No. 15-003655-ZA on March 15, 2016.