Council tables request for outdoor seating at 3510 McKelvey Road after debate over tables and amplified music

The council tabled bill number 6500, a special use permit application (25-PZ-07) to allow outdoor seating/dining at the restaurant/tavern located at 3510 McKelvey Road. Council member Luther first moved for second reading; substantial discussion followed about the size of the patio, number of tables, and whether amplified outdoor music should be permitted.

Planning staff summarized the planning commission’s recommendation: a fenced outdoor seating area up to a maximum square footage with a maximum of 10 tables and no more than 40 total chairs (10 tables × 4 chairs). Planning staff also noted the recommended condition that “any amplified music shall not be perceptible beyond the property lines of the lot.” Council member Luther proposed tightening the condition to limit the fenced area to 6 tables with no more than 24 total chairs. Council member Weshie and others defended outdoor seating as desirable in the corridor and noted nearby businesses that permit outdoor music.

Council member Norris raised concerns about nearby uses, listing a children’s dance studio, nursing home, dentist offices, medical facilities and churches in the area; she also referenced a heart hospital nearby and said noise was a concern. Planning staff said the amplified-music condition was intended to provide an enforceable standard — music not perceptible beyond the lot lines — and that enforcement could rely on that standard if complaints arise.

The applicant asked to table the application until the next meeting to allow a full council (the city attorney advised five affirmative votes are required for a special use permit and the council had seven members present). Council member Luke moved to table and Council member Luther seconded; the motion to table passed and the item will return to the September meeting.