Noon Somewhere seeks outdoor seating; police cite loitering concerns, planning commission sets conditions

The owner of Noon Somewhere, Olivia Shelltrack, asked the council on Sept. 3 for a special-use permit to allow outdoor seating at 12334 Natural Bridge Road. Planning and zoning officer Zach Greatens said the planning commission recommended approval with conditions by a 12-0 vote and that the commission modified staff's recommended hours from "11 a.m. to dusk" to "11 a.m. to 11 p.m." "Really all we are asking for is the same sitting situation outside as our friends and neighbors at Lehman's," Olivia Shelltrack told the council, describing prior informal outdoor seating she said existed at the business. Police concerns: Chief Mark Massotti told council members the department opposed expansion of outdoor seating at the plaza because of ongoing issues with congregation and loitering in the parking lot. When asked about a proposed gate, the chief explained the department had recommended an alarm: "We felt like an alarm would prevent people from coming in and out of that gate because the gate should be for exit emergency exit only," Massotti said. Planning commissioners removed the alarm requirement and instead required the gate be equipped with a latch to prevent unauthorized entry. Staff and commission conditions included a fenced perimeter (rod-iron style), a maximum of three tables with four chairs per table, pedestrian access of at least 5 feet, prohibition on congregating outside the fenced area, and responsibility for the operator to obtain any liquor-license approvals necessary. Planning staff noted that the fence style pictured by the applicant was acceptable but that the council may set final hours and specific fence-height requirements. The applicant said she would place signage and enforce boundaries if approved and that the business had previously placed tables outside for years. Council did not make a final decision that evening; the related bill (6507) was tabled for further consideration.