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Holiday Produce Cup Planning Case 564-99 July 21, 1999 Page 4 (5) The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. The Zoning Code allows for this type of use with a conditional use permit. It would not inconsistent with the intent of the Zoning Code for such a business to operate at this location. (6) The use is not in conflict with the Comprehensive Plan of the City. The Comprehensive Plan designates this area of the City as Mixed Use Planned Unit Development, which indicates an anticipation for a variety of uses. A produce stand to be located at a gas and convenience store would not be inconsistent with the Comprehensive Plan. (7) The use will not cause traffic hazards or congestion. It is not expected that this use will draw significant customers on its own. The majority of its customer base will be those people already at the Holiday store for gas or other conveniences. As such, it would not be expected that this use would cause traffic hazards or congestion. (8) Adequate utilities, access roads, drainage and necessary facilities have been or will be provided. The use would be located in the parking lot of the Holiday Stationstore which is served by Highway 10 and Silver lake Road All of the infrastructure serving this site are installed and provided --no additional infrastructure will be needed top accommodate this use. In the estimation of staff, it appears as though the specific CUP requirements in Subdivision 1114.04(1)e, the adverse effects criteria in Subdivision 1125.01(1)e, and the general CUP requirements in Subdivision 1125.01 (3)b are all satisfied. • Recommendation: Approve Planning Commission Resolution No. 589-99 recommending to the City Council approval of a conditional use permit for the Holiday Stationstore located at 2732 Highway 10 to annually operate an outdoor produce stand from July 1 to October 31, with stipulations. i James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\DEVCASES\56499\HOLIDAY.PC1 •