PUBLIC HEARING ITEM:

 

ITEM NO. 13:           PCD-2 (W/USE RESTRICTIONS) TO PCD-2 (W/USE RESTRICTIONS); 19.199 ACRES; NORTHWEST CORNER W. OF 6TH STREET AND WAKARUSA DRIVE (BPD)

 

SUMMARY

 

Z-06-18-03:  Consider rezoning of 19.199 acres and adjacent rights-of-way from PCD-2 with restrictions (Planned Commercial) District to PCD-2 with restrictions.  The property is located at the northwest corner of W. 6th Street and Wakarusa Drive.  6Wak Land Investment, LLC, is the property owner of record.  Initiated by the City Commission on June 3, 2003 by Ordinance No. 7651, Section 3.  This item was deferred by the Planning Commission at its July 23, 2003 meeting.  At their January 28, 2004, meeting the Planning Commission postponed this item to this month’s meeting.

 

This rezoning request is part of a larger proposal that includes two other rezoning requests (Z-06-19-03 and Z-06-20-03).  These rezoning requests are predicated on an area plan for the West 6th Street/Wakarusa Drive intersection area that was developed in response to City Commission direction.  All three rezoning requests are on this month’s Planning Commission agenda.  The Area Plan was recommended for approved by the Planning Commission at its October 1, 2003 (an extension of the September 24, 2003) meeting and approved by the City Commission at its December 2, 2003 meeting.

 

GENERAL INFORMATION

 

Current Zoning and Land Use:         A (Agricultural District); outbuildings.

 

Surrounding Zoning:                      PRD-2 (Planned Residential Development) to the north; undeveloped

 

A District to the west (pending rezoning to PRD-2); undeveloped.

 

O-1 (Office District) to the west; undeveloped.

 

A District to the east of Wakarusa Drive, the City Commission initiated action to rezone this property from A to PCD-2 (Z-06-19-03); agricultural use.

 

A District to the east (pending rezoning to POD-1); undeveloped.

 

PCD-2 (Planned Commercial Development) to the south; commercial development.

 

RO-1A (Residence-Office District) to the south; undeveloped property at the southeast and southwest corners of W. 6th Street and Congressional Drive; Prairie Commons apartments to the south of the western portion of the request.

 

Reason for Request:                     Rezoning was initiated by the City Commission on June 3, 2003.

 

I.         ZONING AND USES OF PROPERTY NEARBY

 

Staff Finding - The subject property is located at the northwest corner of W. 6th Street and Wakarusa Drive.  The properties to the east and west are zoned Agricultural and undeveloped. 

 

The property to the east and adjacent to the subject property is zoned Agricultural and undeveloped.  The property has been approved for a rezoning to POD-1.  However, the rezoning is condition upon approval of a preliminary development plan.

 

The property to the east of Wakarusa Drive is currently used for agricultural purposes and has a county zoning classification of Agricultural District.  The City Commission initiated the rezoning of this property from A to PCD-2 (Z-06-19-03) at the same time as they initiated the rezoning of the subject property.  Rezoning request Z-06-19-03 is on this month’s Planning Commission agenda.

 

The property to the north of the subject property is zoned PRD-2 and is undeveloped.

 

The property to the west is zoned O-1 and Agricultural.  The property zoned Agricultural has been conditionally rezoned to PRD-2.  The rezoning action was conditioned upon approval of a Preliminary Development Plan (PDP-04-08-03), which is Item 16 on this month’s agenda.

 

II.       CHARACTER OF THE AREA

 

The properties at the southwest and southeast corners of W. 6th Street and Wakarusa Drive are developed with commercial uses.  The area to the southeast, Westgate, contains 22 acres of commercially zoned property while the area to the southwest, Colonial Northeast, contains 12 acres. 

 

The property to the east of the subject property is currently undeveloped.  In 1995, a request to rezone the property to PCD-2 was conditionally approved.  The approval was conditioned upon approval of a Preliminary Development Plan.  The condition was not met and the pending PCD-2 rezoning was nullified.  The property retains its county zoning designation of Agricultural District.  The City Commission has initiated the rezoning of this property to PCD-2.

 

The planned widening and improvement of W. 6th Street will impact the subject property.  The W. 6th Street project is scheduled to be completed in the early part of 2005.  The Kansas Department of Transportation (KDOT) has indicated that the subject property will not be permitted access to W. 6th Street, via Congressional Drive, until the highway improvements are completed.

 

Sanitary sewer to the subject property is provided by the Baldwin Creek #2 County and Westwood Hills sewer benefits districts.

 

Staff Finding - The subject property is located in a transition area with the commercial uses to the south and; park, school, and residential uses to the north.  The subject property is in the path of the logical urban expansion of the City.  There exists a significant amount of commercial uses (based on the square footage and acreage for a community commercial node) at the corner of W. 6th Street and Wakarusa Drive.

 

III.      SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED

 

The property is currently zoned PCD-2 with use restrictions.  There is an approved Development Plan for the site that shows one large, single-user “big box” store and two pad sites.

 

Horizon 2020 recommends that the intersection of W. 6th Street and Wakarusa Drive serve as a “Community Commercial Center”.  Horizon 2020 states that a Community Commercial Center “provides goods and services to several different neighborhoods and development areas”.  Typically single-user, “big box” stores similar to the ones shown on the Development Plan, draw from a larger regional area and are more appropriate for Regional Commercial Centers.

 

The subject property can be served with City water and sanitary sewer and a number of the surrounding street improvements are in place.  However, access to the subject property will be hampered until the completion of the W. 6th Street Project.  The W. 6th Street Project will improve (widen) W. 6th Street from Champion Lane to K-10 and improve Wakarusa Drive from W. 6th Street to Overland Drive.

 

Until the W. 6th Street Project is substantially completed, the subject property will have unsafe and inadequate access.  Because of the safety and adequacy concerns, the commercial uses at the subject property are not appropriate.

 

Staff Finding - The subject property is located inside of the corporate limits and zoned for commercial uses.  However, the proposed “big box” store and the lack of improvements to W. 6th Street and Wakarusa Drive make this property unsuitable for the existing uses to which it is restricted.

 

IV.       LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

 

Staff Finding - The subject property has been zoned PCD-2 (Planned Commercial Development) since February 2002.

 

V.        EXTENT TO WHICH REMOVAL OF RESTRICTIONS WILL DETRIMENTALLY AFFECT NEARBY PROPERTY

 

This rezoning request is to revise the use restrictions of the existing PCD-2 zoning.  The additional proposed restrictions are to limit building size, limit the total amount of commercial retail square footage allowed at the subject property, revise uses, and stipulate that no building permit shall be issued until the W. 6th Street Project is substantially completed.

 

These additional restrictions are proposed to decrease the intensity of uses at the subject property particularly the amount of traffic generated by the property.  These restrictions will help ensure that the intersection develops in a manner that is consistent with Horizon 2020’s definition of a Community Commercial Center and does not negatively impact the surrounding neighborhoods.

 

Staff FindingRezoning approximately 19.199 acres to add additional zoning restrictions will not have a detrimental affect on nearby property.

 

VI.       RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE BY THE DESTRUCTION OF THE VALUE OF THE PETITIONER’S PROPERTY AS COMPARED TO THE HARDSHIP IMPOSED UPON THE INDIVIDUAL LANDOWNERS

 

Evaluation of this criterion weighs the benefits to the community-at-large versus the benefits to the owners of the subject property.  Benefits are measured based on anticipated impacts of the rezoning request on the public's health, safety and welfare. 

 

The proposed rezoning revised uses restrictions will eliminate: “Variety store” and “Home improvement center” as possible uses; set caps for the total amount of gross commercial retail space and for the amount of gross square footage any one business can occupy;  and, prohibit any building permits from being issued until the W. 6th Street Project is substantially completed. 

 

Horizon 2020 designates this intersection as a “Community Commercial Center”.  Community Commercial Centers are intended to provide goods and services to several different neighborhoods, but not to a larger, regional area.  Elimination of “Variety store” and “Home improvement center” uses and the restrictions on the total size of the center and the size of individual store facilitate the center’s community commercial focus of serving the surrounding neighborhoods.

 

The restriction that no building permit be issued until W. 6th Street Project is substantially completed will ensure that the necessary road infrastructure is in place to handle the amount of traffic that will be generated by the subject property.  Tying the start of any building construction on the subject property to the substantial completion of W. 6th Street addresses public safety concerns by ensuring that the City street network will not be overburdened by new development that occurs at the intersection of W. 6th Street and Wakarusa Drive.

 

The property is currently undeveloped with a significant portion of public infrastructure surrounding the property completed.  These additional restrictions placed on the property may decrease the speculative value of the subject property.  Since the property is undeveloped, additional restrictions will not decrease the actual value of the property.  These additional restrictions will ensure the property develops in a manner consistent with Horizon 2020 and An Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive and that development of it fits with the character of the neighborhoods for which it will provide services. 

 

Staff FindingThe gain in public welfare and safety outweighs the relative hardship that will be imposed on the property owner as a result of the additional restrictions placed upon the property through this rezoning request.

 

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

 

Horizon 2020 is the comprehensive plan for the City of Lawrence and the unincorporated portion of Douglas County.  An evaluation of the conformance of this rezoning with the City’s comprehensive plan is based on key features, goals, policies and recommendations of the plan.  The subject property is also in the planning area defined in The Northwest Plan, which was adopted by the Planning Commission and City Commission.

 

The Northwest Plan, An Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive, and Horizon 2020 discuss the intersection of W. 6th Street and Wakarusa Drive.

 

The Northwest Plan

 

It is the intent of this plan that the policies of Horizon 2020 govern urban land use of development in the northwest plan area.” (Pg 9)

 

The Northwest Plan includes a map entitled “The Northwest Area Proposed Land Uses” that graphically represents land uses that are appropriate for the northwest corner of W. 6th Street and Wakarusa Drive.  The rezoning request of 19.199 acres is consistent with the proposed land use map contained in The Northwest Plan.

 

An Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive Horizon 2020 adopted by both the Planning Commission and City Commission recommends that this corner develop with a focus on commercial retail.

 

An Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive

 

“The area located west of Wakarusa Drive (the northwest corner of the West 6th Street/Wakarusa Drive intersection) is recommended as most appropriate for commercial development of a retail focus.” (Pg 9)

 

Horizon 2020 designates a portion of the W. 6th Street and Wakarusa Drive intersection as a Community Commercial Center.

 

“New community commercial areas may include the following locations: portions of the intersection of W. Sixth Street and Wakarusa Drive …” (Pg 94)

 

Horizon 2020 also provides specific standards for the size of a Community Commercial Center.

 

“A community commercial center provides goods and services to several different neighborhoods and development areas.” (Pg 92)

 

Horizon 2020 also implies that large single user stores such as a “big box” store or/and “superstore” should be located in a Regional Commercial Center.  Horizon 2020’s definition of a Regional Commercial Center includes “superstores”.

 

“Superstores, which include discount department stores, specialty retailers and warehouse clubs, typically encompass 90,000 to 200,000 square feet in a single-floor layout.” (Pg 92)

 

The subject property is currently zoned PCD-2 with use restrictions.  The approved Final Development Plan for the property shows a large, single-user structure and two pad sites.  The large single-user store or “big box” is sized to be regional in nature and draw customers from an area outside the surrounding neighborhoods.

 

To address the issue of “big box” stores raised by the City Commission, this rezoning request limits that size of one single-user commercial retail building to 80,000 gross square feet.  This number was developed by staff in researching existing commercial developments in Lawrence that are well integrated into the surrounding neighborhoods.  The two particular developments that Planning staff looked at were the commercial development at the northwest corner of Kasold Drive and Clinton Parkway and the development at the northwest corner of W. 6th Street and Monterey Way.  Generally, the largest possible building at both sites is 80,000 gross square feet.

 

Horizon 2020 provides additional detail regarding how a Community Commercial Center shall develop:

 “It typically requires a site or area of approximately ten to thirty acres…  Community centers typically contain a gross leasable area of 150,000 square feet, but may contain 100,000 to 450,000 square feet.” (Pg 92)

 

Limit development of community commercial centers to designated intersections of arterial and collector streets and limit total nodal development to not more than 10-30 acres at an individual intersection.” (Pg 107)

The intersection of W. 6th Street and Wakarusa Drive is suggested to be a community commercial center serving the retail needs of the surrounding neighborhood.  Only a portion of the intersection is intended to be commercially developed, with no more than 30 acres of commercial uses, developed with a total of 100,000 to 450,000 square feet of gross leasable space, 150,000 square feet being the desired amount of space.  The table below shows the proposed and current commercial development at the intersection of West 6th Street and Wakarusa Drive as follows:


 

Retail Space

Location

Commercial Zoning (Acreage)

Built Retail Space (g.s.f.)

Additional Approved Retail (g.s.f.)

Total Approved Retail(g.s.f.)

  Southwest Corner

12

72,798

 

72,798

  Southeast Corner

22

100,505

50,796

151,301

Total

34

170,063

54,036

224,099

  Northwest Corner (as approved)

19

154,100

 

154,100

Total if approved

53

324,163

54,036

378,199

 

Bank and Office Space

Location

Bank Space (g.s.f.)

Office Space (g.s.f.)

Total Office/Bank Space (g.s.f.)

  Southwest Corner

3,235

 

3,235

  Southeast Corner

7,290

23,892

31,182

Total

10,525

23,892

34,417

 

This rezoning request will not increase the amount of commercial acreage at the intersection.  This rezoning request does set a maximum for the total amount of commercial retail gross square footage and a maximum building size of a single commercial retail building for the subject property.

 

The adopted Area Plan for this corner recommends limits on both the size of a single building footprint and the total amount of retail gross square footage.

 

“The restriction being that retail development located at this corner is limited to 154,000gsf.  This is the amount of retail gross square footage that was approved by the Planning and City Commissions.  An additional restriction is that a single building footprint shall not exceed 80,000gsf.” (An Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive ,Pg 18)

 

This rezoning request establishes a maximum of 154,000 gross square feet of commercial retail footage and the maximum building footprint of 80,000 gross square feet that can be placed on the subject property.  154,000 gross square feet is the amount of commercial retail space that is shown on the Final Development Plan that was approved for the subject property in December 2001.

 

Staff Finding - The request to rezone 19.199 acres to PCD-2 with revised use restrictions on development of the property is in conformance with the City’s Comprehensive Plan, Horizon 2020

 

STAFF REVIEW

 

Previous Rezoning Requests for this Area

In the summer of 1998, the Planning Commission and City Commission considered annexation and rezoning (A to PCD-2) requests for the subject property.  Staff recommended approval of the rezoning request with the condition that “no more than a total of 15 acres … be designated as PCD-2”.  At that time, a Preliminary Development Plan was not submitted with the rezoning requests, however, presentations made by The World Company referred to a concept plan for the area that would be a “campus” type development with a variety of uses including commercial, residential, and office.  At that time, it was presented to both the Planning and City Commissions that it was necessary to rezone the entire corner (52 acres) to PCD-2 to “provide the opportunity for one landowner to create an innovative, high quality development of mixed uses…”

 

Approval of the 1998 rezoning request to PCD-2 did not ensure that a mixture of uses would occur.  Staff encouraged less intense zoning classifications for the residential and office portions of this development.  When a property is zoned commercially, there is an expectation that the entire property can be commercially developed.

 

At the July 22, 1998 meeting, the Planning Commission voted 8-1 to approve the rezoning as requested with three conditions, one condition being the approval of a Preliminary Development Plan for the entire 52 acres.  The City Commission at their August 25, 1998, meeting voted 3-1 to concur with the Planning Commission’s recommendations.  It should be noted that the City Commission minutes include the statement, “The City Commission concurred to use as criteria for review of the Preliminary Development Plan for this project the Northwest Development Plan, Horizon 2020 and the Black and Veatch Sewer Study.”  Approval of this request expired because a Preliminary Development Plan for the property was never approved.

 

In the winter of 2000, the Dial Company’s request to rezone 52 acres from A to PCD-2 was received by the Planning Department for the same subject property at the intersection of W. 6th Street and Wakarusa Drive.  The Dial Company then reduced the rezoning request to 32 acres.  In the spring of 2001, Dial requested that the Planning Commission utilize the lesser change table to modify the rezoning request to 26 acres of PCD-2 and 6 acres of POD-1 zoning.  However, there was no reduction in commercial gross square footage shown on the Preliminary Development Plan submitted with the rezoning request.  The PCD-2 rezoning request was approved 6-4 by the Planning Commission.  On June 12, 2001, the City Commission considered the rezoning request and Planning Commission recommendation.  At that meeting the City Commission voted 4-1, to deny the rezoning request based on traffic issues and concerns regarding lack of compliance with Horizon 2020.  The Dial Company subsequently withdrew all items relating to the Wakarusa Place development request.

 

In the winter of 2001, the City Commission approved a proposal for a mixed-use development at this same corner of the intersection.  That proposal included a number of rezoning requests; 19.19 acres of PCD-2, 8.44 acres of POD-1, 20.18 acres of PRD-2, and 5.65 acres of O-1.  Also approved was a Final Development Plan that shows three commercial buildings with 132,100, 15,000 and 7,000 gross square feet, respectively.

 

In the fall of 2002, the property owner proposed to increase the amount of commercial zoning at the corner to allow for the construction of a 199,847 square foot commercial building.  The Planning Commission recommended denial (6-3-1) for both the rezoning requests and the Preliminary Development Plan.  The applicant withdrew both rezoning requests and the Preliminary Development Plan before they were heard by the City Commission.

 

On March 5, 2003, the Planning Commission approved (6-3-1) a request by the property owner to decrease the amount of commercial zoning on the subject property.  In addition to the rezoning request, the Planning Commission approved a Preliminary Development Plan for a 157,966 gross square foot building with a single user.

 

On March 25, 2003, the City Commission denied (4-1) the rezoning requests and the Preliminary Development Plan.  On June 3, 2003, the City Commission adopted Ordinance 7651 (attached) establishing a temporary building permit moratorium for an area north of W. 6th Street including the subject property and initiated the rezoning of three properties (including the subject property) north of W. 6th Street.  On December 2, 2003, the City Commission extended this moratorium to March 1, 2004.

 

Section 3, subpart B of Ordinance 7651 states:

 

“Rezoning amendments that will focus on, but not be limited to, the aggregate amount of square footage allowed at both the northwest and northeast corners, the uses allowed at both the northwest and northeast corners, and the square footage amounts allowed within the four walls of a permitted use in each structure at both the northwest and northeast corners.”

 

This rezoning request and requests Z-6-19-03 and Z-6-20-03 are the rezonings initiated by Ordinance 7651.

 

At their June 3, 2003, meeting the City Commission directed Planning staff (see attached City Commission minutes) to develop an area plan for the W. 6th Street and Wakarusa Drive intersection.  The Area Plan (An Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive) has been adopted by both the Planning Commission and City Commission.  This rezoning proposal is consistent with the recommendations in An Area Plan for the Intersection Area of West 6th Street and Wakarusa Drive.

 

Impact of Current Request

 

If this rezoning request is approved, the Final Development Plan for the subject property will not comply with the rezoning request, requiring that the property owner submit a new Preliminary and Final Development Plan for approval.

 

Use Restrictions

To comply with Horizon 2020’s definition of Community Commercial Center, Planning staff recommends that in addition to the uses that have already been eliminated, the uses “Variety store” and “Home improvement store” also be eliminated from the list of permitted uses.

 


PROFESSIONAL STAFF RECOMMENDATION

 

Planning Staff recommends approval of the rezoning of 19.199 acres from PCD-2 (Planned Commercial Development) with use restrictions to PCD-2 (Planned Commercial Development) with revised use restrictions as listed below, based upon the findings of fact presented in the body of the Staff Report and forwarding of it to the Lawrence City Commission with a recommendation for approval subject to the following conditions:

 

  1. No one single commercial retail use shall occupy more than 80,000 gross square feet of space.
  2. The total commercial retail space on the subject property shall not exceed 154,000 gross square feet.
  3. No building permit will be issued until the W. 6th Street Project is substantially completed.
  4. The below listed permitted uses be included as part of the rezoning ordinance.

RECOMMENDED USE RESTRICTIONS

 

 

ZONING DISTRICTS

 

 

PERMITTED USE GROUPS

 

Parking

Group

 

Special Cond.

 

 

CP

 

C1

 

C2

 

C3

 

C4

 

C5

 

20-709.10

 

 

 

 

 

S

 

S

 

S

 

 S

 

USE GROUP 12.  RETAIL STORES - PERSONAL SERVICES.  Certain types of retail stores and service establishments which:

(a)         Provide for a wide variety of local consumer and transient needs, and

(b)      Have a small service area and are, therefore, not distributed widely throughout the city.

(1)         Retail Stores and Service Establishments

Altering, pressing, repairing of wearing apparel

Antique sales

Appliance, furniture, home furnishings, sales, rental repair

Art supply sales

Automobile service stations

Bank, savings & loan and trust company

Barber or beauty shop

Bicycle sales, rental, repair

Book sales

Bowling alley

Camera or photographic supply sales

Clothing sales

Club or lodge, whose chief activity is carried on as a business

Computer store; sales, service and equipment

Confectionery store

Department store

Drug store

Dry cleaning

Eating place, enclosed, without dancing or entertainment and not 

       providing service in  automobiles

Florist shop and greenhouse

Food convenience store, including gasoline sales and single-bay auto wash

     (Ord. 6205)

Food store, including retail bakery

Furrier shop, including storage of furs

Garden supply sales

Gift, novelty, souvenir sales

Hardware store and small tool rental, but not including sales of lumber or

      industrial hardware

Hat blocking and repair

Hobby supply sales

Ice vending machine

Interior decorating shop

Jewelry sales and repair

Laundry pick-up station

Laundry, self-service only

Licensed premises

Liquor, wine and beer sales, for consumption off the premises

Loan office

Locksmith, key shop

Mail order agency

Music, musical instrument and phonographic record sales

Newsstand

Nursery stock sales

Optical goods, sales

Orthopedic or medical appliance sales

Paint and wall paper sales

Pawnshop (Ord. 5033)

Photographic processing

Photographic studio

Post Office

Quick copy or duplicating center

Radio and television studio

Reading room

Sewing machine sales and repair

Shoe repair and sales

Sporting goods sales

Surgical and dental supply sales

Theatre, indoor commercial

Variety store

Video store, sale or rental of video equipment, movies and games parlor

 

 

 

 

 

 

 

 

12

13

13

12

24

12

11

13

12

10

12

15

26

12

12

12

11

12

26

 

12

12

 

11

13

13

12

12

 

13

12

13

12

12

12

11

11

12

13

12

12

13

11

13

13

12

13

12

15

12

12

11

12

12

12

12

12

12

9

12

12

 

 

1428

 

 

 

 

 

 

 

 

 

1440

 

 

 

 

 

 

 

1453

 

 

 

 

 

1453

 

 

1440

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1453

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.          Similar Uses

Other uses which (1) are similar to the listed uses in function, traffic- generating capacity, and effects on other land uses, and (2) are not included in any other use group.

3.          Accessory Uses

(Ord. 6578)

 

 

 

 

20-709.11

 

 

 

 

S

 

S

 

S

 

USE GROUP 13.  AUTOMOTIVE SERVICES; RETAIL SALES; OTHER.  Primarily automotive service establishments and accessory uses, including consumer and non-consumer retail goods and services not appropriate for the neighborhood shopping district, including certain goods and services for agricultural, industrial, commercial, or institutional use.

1.          Automotive Services and Retail Sales

Aircraft sales, rental, service

Ambulance service

Amusement park, commercial

Auction room auctioneer

Automobile parking garage

Automobile parts store; tires & accessories

Automobile repair and services

Automobile sales, service, rental (new and used)

Automobile service station

Barber and beauty equipment sales

Baseball park, commercial

Blueprinting and similar reproduction processes

Boat and marine sales, rental and repair

Bus passenger station

Business machine rental, repair, sales

Car or truck wash

Carnival or circus

Carting, crating, express hauling, moving and storage

Caterer

Eating establishment, enclosed, with dancing or entertainment

Eating establishment, providing only drive-up service or no seating facilities

Exterminator, pest

Food convenience store, including gasoline sales

Food locker plant, for consumer use

Free standing automated banking or dispensing facility

Funeral home, mortuary, or undertaking establishment

Garage or parking for common or public utility vehicles

Glass sales and cutting shop

Golf driving range, commercial, (pkg. requirement applies to tee area only)

Golf pitch and putt courses, miniature golf course

Home improvement center

Hotel

Laboratory, medical or dental

Leather goods, sales and repair

Linen supply, diaper service, uniform supply

Liquids, flammable, underground storage of

Lumber, limited sales

Media Store (Ord. 7226)

Mobile homes, sales and service

Monument sales, including incidental processing

Motel

Motorcycle sales, service and rental

Office equipment and supplies, sales and service, rental and repair

Pet shop

Photostatting

Plumbing fixture sales

Quick copy or duplicating center

Recording studio

School, commercial or trade, when not involving any danger of fire or

     explosion, nor of offensive odor, noise, dust, glare, heat, vibration or

     other objectionable factors

Secretarial service

Sex Shop (Ord. 7226)

Sexually Oriented Media Store (Ord. 7226)

Skating rink, commercial

Studio for professional work or for the teaching of any form of fine arts,

      photography, music, drama, etc.

Swimming pool, commercial (parking requirements include pool area)

Taxidermist

Telephone answering service

Theatre, drive-in

Trailer sales and rental

Transit vehicle storage and servicing

Truck rental and sales

2.          Similar Uses

Other business services which (1) are similar to the listed uses in function, traffic-generating capacity, and effects upon other land uses, and (2) are not included in any other use group.

3.          Manufacturing Uses

Baked goods, candy, delicatessen, and ice cream, all for retail sales on the

      premises only

Clothing:  custom manufacturing or altering for retail, including custom

      dressmaking, millinery, or tailoring

4.          Accessory Uses

(Ord. 6578)

 

 

 

 

 

 

 

 

17

21

12

12

 

16

16

14

24

15

7

12

15

15

13

 

15

17

14

26

15

15

12

15

 

7

 

13

18

18

12

5

16

12

17

22

12

12

13

17

5

13

13

12

12

12

11

16

16

 

 

13

12

12

12

13

 

 

 

11

15

12

 

20

17

16

 

 

 

 

 

15

 

15

 

 

 

 

1428

 

 

 

 

 

 

 

 

 

 

 

 

 

1440

 

 

 

 

 

 

1405

1407

 

 

1453

1453

 

 

 

 

 

 

 

1415

 

1442

 

 

 

 

1414

1442

1459/1460

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1459/1460

1459/1460

 

 

 

 

 

1437

 

 

1426

 

 

20-709.12

 

 

 

 

S

 

S

 

 

USE GROUP 14.  RETAIL - WHOLESALE SALES AND SERVICES.  Consumer and non-consumer type retail and wholesale stores and service establishments and accessory uses that serve a wide area, including the entire city and surrounding trade area.

1.          Retail - Wholesale Goods and Services

Automobile body shop

Blacksmith shop

Building materials and lumber yards (parking requirements do not apply to

      lumber sheds)

Cold storage plant

Contractor or construction offices and shops

Dry cleaning plant, including carpet cleaning

Farm equipment sales, service and repair

Feed and fertilizer sales

Freight depot, railroad or truck

Hardware, industrial sales

Ice plant

Machine tools, sales, rental, repair

Mini-warehouse facilities

Pawnshop

Sexually Oriented Cabaret (Ord. 7226)

Sexually Oriented Motion Picture Theatre (Ord. 7226)

Warehousing establishment

Wholesaling establishment, including storage

2.          Similar Uses

Other uses which (1) are similar to the listed uses in function, traffic-generating capacity, and effects on other land uses, and (2) are not included in any other use group.

3.          Accessory Uses

(Ord. 6768)

 

 

15

 

 

 

22

15

13

 

17

15

12

15

15

17

15

22

15

N/A

12

12

9

 

17

12

 

 

1428

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1456

 

1459/1460

1459/1460

 

20-709.13

 

 

 

S

 

S

 

S

 

S

 

USE GROUP 15.  AMUSEMENT, RECREATIONAL AND CULTURAL FACILITIES.  Uses similar in nature and traffic-generating capacities that appeal to large groups of people or that provide uses with high density (people to space) ratios whose primary intent is one of amusement or recreational pursuits or cultural enrichment.

1.          Indoor Recreational Amusement or Cultural Facilities

Athletic club

Auditorium

Bowling alley

Field house

Game arcade, including video games

Physical culture center and health services, including spas, gymnasiums,

      reducing  salons, masseur/masseuse, or hot tubs

Skating rink

Swimming pool, commercial

Theatre, indoor

2.          Outdoor Amusement, Recreational or Cultural Facilities

Baseball park or batting cages, commercial

Golf driving range or putting greens, commercial

Golf, miniature or pitch and putt

 

 

 

Marina

Race track

Stadium or amphitheater

Swimming pool, commercial

3.          Similar Uses

Other uses not specifically mentioned in this or any other use group which are similar in function and traffic-generating capacity to those specifically listed in this use group.

4.          Accessory Uses

Uses which meet the requirements of the definition of accessory uses, Sections 20-2002(2) and 20-2002(3).

(Ord. 5658, Sec. IX)

 

 

 

 

 

 

 

12

7

10

7

11

11

 

12

11

9

 

7

18

18

 

 

 

 

13

7

11

 

1428

 

 

 

 

 

1426/1427

 

1426/1427

 

 

 

 

 

 

 

 

1415

 

 

 

 

 

 

1426/1427