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2. Any and all applicable local, state and federal laws, permits <br />licenses and operational regulations are complied with. <br />Gordies has received a liquor license to serve alcohol on the <br />property, in addition to being in the process of obtaining a <br />conditional use permit from the City of Little Canada. <br />3. The use is located and developed so as not to create an <br />incompatible operation problem with adjoining and neighboring <br />commercial and /or residential uses. <br />Gordies is adjacent to a residential apartment complex to the west. <br />However, volleyball is not necessarily an incompatible use with an <br />apartment complex. Often times residents of an apartment will play <br />volleyball in open areas within their development. Also, the <br />volleyball court is located at the far east portion of the subject <br />property, away from the apartment. However, the City may wish to <br />consider controlling the hours of operation, to prevent potential <br />disturbance of the residential area. <br />4. The hours of operation shall be subject to City Council <br />control and change as a means to maintain compatibility of <br />uses and activities. <br />As mentioned above, the City may wish consider limiting the hours <br />of operation of the volleyball court to avoid conflicts with the <br />neighboring residential property. <br />5.. The proposed action has been considered in relation to the <br />specific policies and provisions of and has been found to be <br />consistent with the official City Comprehensive Land Use Plan. <br />The proposed "Commercial Recreation" is a conditionally permitted <br />use within the 3 -3 Zoning District. The most significant <br />Comprehensive Land Use Plan policy relating to the proposal is the <br />issue of screening. The Plan states: "Ensure that all service and <br />commercial uses are adequately screened or buffered from any <br />adjacent residential development ". Gordies has not submitted an <br />adequate site plan that relates to screening. If the City feels <br />that the property should be screened from the apartment complex, it <br />may require the applicant to submit a site plan showing a proposal <br />to landscape and screen the property. <br />6. The proposed site is or will be compatible with the present <br />and future land uses of the area. <br />The proposed use is compatible with the present land use of the <br />site. The property is zoned 3 -3, and commercial recreational uses <br />are conditionally permitted within that zoning district. Also, a <br />volleyball court is not an incompatible use with a high density <br />residential complex. <br />2 <br />Page 2 <br />