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Memorializing City Council action taken February 17, 2016 to deny the appeal by Velmeir Companies of a decision of the Planning Commission denying a conditional use permit application, with requested modifications, for a drive-through service at 30 South Fairview Avenue.
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WHEREAS, Velmeir Companies, on November 16, 2015, in Planning Commission File No. 15-180-427, duly applied to the Commission pursuant to Leg. Code § 61.501 for a conditional use permit for a drive-through service, together with a request pursuant to Leg. Code § 61.502 to modify special conditions imposed on drive-through services under Leg. Code § 65.513(a) which require drive through lanes and service windows to be at least 60- feet from a residential property and prohibits drive-through lanes between the principal structure and a public street, on property commonly known as 30 Fairview Ave S, [Parcel Identification Number 042823420027], and legally described as Elmer & Morrison’s RE Lots 11 Thru Lot 16 Block 3; and
WHEREAS, on December 10, 2015, the Zoning Committee of Planning Commission, in accordance with the requirements of Leg. Code § 61.303, duly conducted a public hearing on the said application where all persons present were given an opportunity to be heard and, upon closing the hearing and based upon all the files, reports, and testimony, the Committee duly moved that the deliberations on the matter be continued to December 29, 2015 and in doing so urged Velmeir to consider submitting a modified plan during this period which responded to concerns expressed during the December 10, 2015 hearing; and
WHEREAS, on December 29, 2015, having been advised by Planning Staff that Velmeir had in fact modified its site plan given the December 10, 2015 testimony, the Zoning Committee reopened the public hearing in regard to the modified plans submitted by Velmeir and, upon the conclusion of testimony, the Committee duly closed the public hearing and, following debate on the applic...
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