04/09/2003 P&Z Packet - Laserfiche WebLink

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• • • Bruggeman Properties Page 6of8 allowed in Limited Business and General Business Districts as conditional uses. Such use allowance is based upon the assumption that private clubs and lodges uses serve liquor (an activity not allowed in neighborhood business zones) and that such activity holds a potential for negative impact. While the allowance of a restaurant serving liquor may not be generally appropriate within a neighborhood district, question exists whether or not such activity could be considered an acceptable use on the property if it were of a scale appropriate to the area and designed with sensitivity to the surrounding neighborhoods. Another example is the prohibition of "off -site service businesses" in Neighborhood Business Districts. By definition, "off -site service businesses" are businesses that provide services at the customer's location rather than at the location of the business. These include delivery services, catering services, plumbing and sewer services. Generally speaking such uses draw from area beyond the immediate area and are not specifically oriented to serve the only the immediate neighborhood, though the immediate neighborhoods would be served. However, many of these uses normally involve larger vehicles and storage needs for equipment and materials. These elements are inherent to these types of businesses, and cannot be eliminated by site and building design changes. Thus, such uses would not be a desirable fit for the site in question. Retail businesses and restaurants are permitted within Neighborhood Businesses Districts provided they do not include an accessory drive- through facility. Typically, such activities present few compatibility concerns and include uses such as gift shops, book stores, travel bureaus, hardware stores etc.). It is believed any of these uses, as well as office -type uses, could compatibly exist upon the subject property. In contrast, retail uses and restaurants that include accessory drive through facilities are listed as conditional uses in the Limited Business District and as permitted outright in General Business Districts. If such uses were to locate upon the subject site, assurances would need to be made through proper site design that possible negative impacts of the drive- through facility are adequately addressed. Motor fuel stations are prohibited within Neighborhood Business Districts and allowed as conditional uses within Limited Business and General Business Districts. Of primary issue in regard to the development application is whether or not opposition to the motor fuel station component of the project is based on upon concerns that are correctable and can be addressed (such as the pump visibility, signage, etc) through creative site design. To be realized is that traffic volumes alone may be a questionable basis for use prohibition as the volumes generated by the motor fuel stations are within the capabilities of streets serving the property and that the potential exists for other uses within the district to generate equal or even greater volumes of traffic. Recognizing that motor fuel stations hold a potential for adverse impacts, the LB and GB districts impose an extensive number of conditions on such uses. These conditions address the following: