According to the applicant, deliveries to the restaurant will be made at night after regular business hours through the rear service door. Traditionally, the City has prohibited deliveries to restaurants before 7:00 a.m. and after 9:30 p.m. Staff recommends that the hours of deliveries be consistent with this policy. Seven LED wall luminaires are proposed on the north (rear) and east (side) of the building. The photometric plan submitted by the applicant does not show light trespass onto adjacent residential properties. Louis stated that staff is of the opinion that the proposed restaurant meets the requirements contained in the regulations governing conditional uses. The restaurant space is comparable in size to other restaurants on Clayton Road and the former restaurant that previously occupied the building. The required parking spaces will be located on site in compliance with the City’s Parking Regulations. The proposed hours of operation are consistent with other restaurants in this area. Based on the information regarding the operation of the restaurant as provided by the applicant, staff is of the opinion that the proposed restaurant will be compatible with surrounding uses and recommends approval of the Conditional Use Permit to the Board of Aldermen the following conditions:

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Review staff report (Number 1 below), to be approved by staff prior to the issuance of a Conditional Use Permit.

Louis stated that the installation of new sidewalks, tree lawn and street trees along Clayton Road is an improvement from the current conditions. The expanded parking lot will be adequately set back from Clayton Road and screened by landscaping as required. With the exception of the minor requests for alternative compliance related to landscaping, staff is of the opinion that the development is consistent with the current zoning code requirements for the C-2 Zoning District and the Clayton Road Urban Design District, and meets the criteria for site plan approval and therefore, recommends approval of the site plan with the following conditions:

issuance of a building permit: a. Specify that all public accessible ramps and sidewalks shall be ADA/PROWAG compliant. b. Relocate the wash-down station from the public right-of-way. c. Revise the design of the loading space to measure at least 12 feet by 35 feet. d. Note the type of bicycle rack that is proposed, and the minimum 3-foot setback from other features (walls, poles, etc.) in compliance with the bicycle parking standards. e. Specify on the landscape plan that the areas planned for new tree lawn and planting beds along Clayton Road be excavated and backfilled with planting mix. f. Remove the proposed decorative gravel at the southwest corner of the site and replace it with a concrete sidewalk. g. Provide additional curb cuts to spread out the water concentration in the Clayton Road landscape bed, and redesign the planting to be suitable for this condition. h. Install a curb around the landscape bed at the northwest corner of the property in addition to one tree. i. Reconcile conflicts between the civil, architectural, and landscape plans.

Mr. Novak asked about the condition regarding the gravel at the southwest corner of the site.

Louis Clayton explained to Mr. Novak that the City’s contracted landscape architect had maintenance concerns as well as visual concerns regarding the proposed decorative gravel.

Mr. Novak stated that he understood and would comply with staff’s recommended conditions.

Acting Chairman Liberman commented that he believes staff was too gentle and that the building looks like it should be in a western area of the country; not in Clayton.