PLANNING COMMISSION REPORT

Regular Agenda - Public Hearing Item

PC Staff Report

10/24/05

ITEM NO 7C:                        PCD-2 TO PCD-2; 18.938 ACRES; NORTHEAST CORNER OF W. 6^TH                                  STREET & WAKARUSA DRIVE (PGP)

Z-07-48-05:  A request to rezone a tract of land approximately 18.938 acres from PCD-2 (Planned Commercial Development) District to PCD-2 (Planned Commercial Development) District to revise use restrictions.  The property is generally described as being located north of W. 6^th Street between Wakarusa Drive and Folks Road (Bauer Farm).  Submitted by Landplan Engineering, P.A., for Free State Holdings, Inc., property owner of record. 

On April 27, 2005, this item was heard by the Planning Commission and tabled for four months. A copy of the April Planning Commission minutes is included with item 7D, attachment “C” (pages 7D – 26 thru 35).

This Item was deferred from the August/September meetings to the October Planning Commission Meeting to allow Commissioners and the public to hear a presentation on New Urbanism and to meet to allow the applicant to present development philosophy of the project to the Planning Commission. On October 12, the Planning Commission held a mid-month study session with the developer where the requested waivers and philosophy of the project were reviewed.

STAFF RECOMMENDATION: Planning Staff recommends approval of the proposed rezoning of 18.938 acres from PCD-2 (Planned Commercial Development – restricted uses) District to PCD-2 (Planned Commercial Development – with modifications to restricted uses) District, and that the rezoning have a recommendation to keep the existing use restrictions as previously approved by the City [Z-06-19-03] per Ordinance No. 7756 with the addition of mixed-use residential (commercial/office use on first floor with residential uses allowed on upper floors) based on the findings of fact found in the body of the staff report.

ALTERNATIVE: Should the Planning Commission find the proposed higher-traffic generation uses as proposed by the applicant are acceptable at this location and in conjunction with an approval of the Bauer Farm Preliminary Development Plan, the Planning Commission could then forward a recommendation for approval to the City Commission, subject to the following suggested conditions:

1. Approval of a Preliminary Development Plan, including approval of a downstream wastewater analysis per Section 21-706(d).
2. Filing of a Final Plat for the property at the Register of Deeds Office.
3. No building permit will be issued until the W. 6^th Street Project is substantially completed.
4. No one building shall be larger than 50,000 gross square feet of space.
5. There will be no more than 62,000 gross square feet of retail commercial space in the PCD-2 portion of the Planned Unit Development.
6. The permitted list of use per Ordinance No. 7756, as modified, be included as part of the rezoning ordinance.

Applicant’s Reason for Request:	The proposed multi-use site of offices, residences and commercial sites will allow the development of a key parcel of land to offer a unique environment in the Lawrence community (New Urbanism).
KEY POINTS 18.938 acre area of PCD-2, portion of the Bauer Farm PUD, located to the west of Champion Lane right-of-way. Applicant seeks to remove some of the restrictions imposed on the Planned Commercial Development with the rezoning to PCD-2 in 2003. Modifications to the existing restrictions will impact the traffic generation for this area.

GOLDEN FACTORS TO CONSIDER

CONFORMANCE WITH THE COMPREHENSIVE PLAN

· To be in conformance with the comprehensive and area plan, the rezoning of this portion of the property needs to have restrictions imposed.

RELATIVE GAIN TO THE PUBLIC HEALTH, SAFETY AND WELFARE

· The rezoning, as conditioned, will not destroy the value of the subject property or impose a hardship on the landowner or the general public.

ASSOCIATED CASES/OTHER ACTION REQUIRED

• Rezoning of the west side of Champion Lane from Agriculture to Planned Commercial Development initiated by the City with approval by the City Commission on March 16, 2004 [Z-06-20-03]. Copy of Planning Commission meeting of February 26, 2004/March 3, 2004 and the City Commission meeting of March 16, 2004 are attached.
• Ordinance No. 7756, existing PCD-2 zoning with restrictions to this property.
• Planning Commission meeting of April 2005, Public Hearing on Preliminary Development Plan for Bauer Farm and rezoning requests.
• Rezoning PCD-2 (with restrictions) to PCD-2 (with modified restrictions) for final determination by City Commission [Z-07-48-05]
• Bauer Farm Preliminary Development Plan [PDP-03-02-05] being heard in conjunction with this rezoning request.
• Final Development Plan approval by Planning Commission.
• Final Plat approval by Planning Commission and acceptance of easements and right-of-ways by the City Commission.
• Zoning Ordinance and Publication

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

• Copy of Planning Commission minutes of April 27, 2005 is located at Item 7D Attachment “C”.
• February 26/March 3, 2004 Planning Commission Public Hearing on prior PCD-2 rezoning (attached).
• March 16, 2004 City Commission Public Hearing on prior PCD-2 rezoning (attached).

GENERAL INFORMATION

Current Zoning and Land Use:                  PCD-2 (Planned Commercial Zoning District with specific restrictions); Undeveloped, unplatted, with no previously approved planned unit development on the property.

Surrounding Zoning and Land Use:             RS-1 (Single-Family Residential) District to the north; Existing across Overland Drive – Free State High School.

                                                          PRD-2 (Planned Residential Development) District to the east; Undeveloped, currently used for agricultural crop production.

                                                          PCD-2 (Planned Commercial Development) District to the south; Across W. 6^th Street, existing commercial retail.

                                                          PCD-2 (Planned Commercial Development) District to the west; Undeveloped.

Reason for Request:                              Applicant’s Response -“The proposed multi-use site                                                          of offices, residences           and commercial sites will                                                                 allow the development of a key parcel of land to                                                              offer a unique environment in the Lawrence                                                                    community (New Urbanism).”

The applicant is proposing to modify the previous PCD-2 restrictions which were placed upon this property by a rezoning request brought forward by the City.

The Bauer Farm Preliminary Development Plan includes 5 eating establishments with drive-thrus, 2 banks with drive-thrus, 1 auto service with a pull-thru and a hotel/conference center. Ordinance No. 7756 was approved with restrictions limiting uses to lower traffic generators. The proposing uses and drive-thrus will create a much higher traffic generation than what was previously approved.

I.         ZONING AND USES OF PROPERTY NEARBY

Staff Finding - The subject property is located at the northeast corner of W. 6^th Street and Wakarusa Drive. The property is bounded by Overland Drive to the north, W. 6^th Street to the south, Champion Lane (right-of-way) to the east, and Wakarusa Drive to the west. The site is within the incorporated city limits of the City of Lawrence.

There is a wide variety of land uses and zoning patterns surrounding the subject property.  Nearby development patterns occur in various stages ranging from undeveloped lands to the east and west, and commercial retail and office development across W.6^th Street/Highway 40 to the south. Public and institutional uses are located to the north and northwest of the property. Multiple-family residential is located to the northeast of the property.

Zoning patterns around the property include RS-1 (Single-family Residence) to the north; PRD-2 (Planned Residential Development) to the east; PCD-2 (Planned Commercial Development) to the south and west.

II.       CHARACTER OF THE NEIGHBORHOOD

The subject property is within the City limits. Located across Overland Drive to the north is Free State High School.  The requested rezoning is within the 43-acre proposed Bauer Farm Planned Unit Development, which is being heard in conjunction with this application.

Located to the south across West 6^th Street is a variety of commercial and office uses including a bank, fast food restaurant, auto service center, video rental store, supermarket, and a shopping center offering a variety of goods and services.  The area to the west across Wakarusa Drive is also zoned PCD-2 (Planned Commercial Development).

Staff Finding - The subject property is surrounded by a variety of uses at urban development intensity.  These uses include commercial, office, and public/institutional development.  Those areas that do remain undeveloped are quickly developing or are planned to be developed in the near future.

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

Applicant’s Response, “The property was previously suited to agricultural use, but is now surrounded by development.”

Appropriateness of modifying the restrictions placed on this PCD-2 (Planned Residential Development) Designation.

The PCD-2 (Planned Commercial Development) District with permitted uses as indicated per Ordinance No. 7756 would still be appropriate for this property. However, as part of the Bauer Farm PUD, the applicant is proposing to use the PCD-2 portions of the property for more intense traffic generating uses including five eating establishments with drive-thru services, two banks with drive-thru services, automotive servicing with a pull thru, and a hotel/convention center.

Staff Finding - In staff’s opinion, the property is still suitable for the permitted uses as listed in Zoning Ordinance No. 7756, initiated by the City, and approved by the City Commission in 2004.

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

Staff Finding - The subject property was rezoned to PCD-2 in 2004. Prior to 2004, it had been zoned A (Agricultural) District since 1966.  It was annexed into the City in 1995.

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

Applicant’s Response, “No detriment to nearby property will occur. This will present a new type of development (New Urbanism) to the Lawrence community.”

Staff Finding -  Removal of the existing PCD-2 restriction and rezoning to PCD-2 with modified restrictions which would allow for a greater traffic generation, would increase the potential traffic generation by this property. A revised traffic study that includes the proposed uses would quantify the amount of traffic that the proposed new uses would attract.

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

Applicant’s Response, “No gain to the public will result by denial of the subject request, and no hardship will result by approval.”

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 the anticipated impacts of the rezoning request on the public's health, safety and welfare.

Typically, property within the city limits that is zoned for commercial uses has a higher value than property zoned for residential use.  Rezoning the subject property from PCD-2 to PCD-2 with additional permitted uses will better facilitate the development of the subject property within the context of the proposed Bauer Farm Planned Unit Development.

The existing restriction that no building permit be issued until W. 6^th Street Project is substantially completed was previously required to ensure that the necessary road infrastructure will be in place to handle the amount of traffic that was to be generated by the subject property.  Approval of the requested permitted uses will result in an increase in future traffic at a higher rate than what was anticipated with Ordinance No. 7756.

Staff Finding - The rezoning of this land will not destroy the value of the subject property or impose a hardship on the landowner, but would facilitate the potential for a more successful project for the developer.  A change in permitted uses of higher traffic generators, will result in an increase in the future traffic near this location, and along W. 6^th Street.

VII.     CONFORMANCE WITH THE COMPREHENSIVE PLAN

An evaluation of the conformance of this rezoning request with the City’s Comprehensive Plan is based on the goals, policies and recommendations in Horizon 2020 and upon the approved W. 6^th Street and Wakarusa Drive Nodal Plan. The following are reference sections of Horizon 2020:

Chapter 6 Commercial Land Use

Community Commercial Center (under 200,000 commercial gross square footage): CC200 (Chapter 6 – Page 6)

West 6^th Street and Wakarusa Drive (6-15 & 16)

Page 6-16, W. 6^th Street and Wakarusa Drive, The intersection of W. 6^th Street and Wakarusa Drive is an existing Community Commercial Center limited to 200,000 square feet of commercial gross square footage (CC200 Center) with a nodal development pattern.  While this intersection is designated a CC200 Center, there already exists more commercial gross square footage at the intersection than is recommended for a CC200 Center.

Portions of the intersection of W. 6^th Street and Wakarusa Drive are still developing.  However, the southern half of the intersection is completely developed and shall not be expanded beyond the existing commercially zoned property.  The northern half of the intersection is undeveloped.  Commercial development of this portion of the intersection shall not extend beyond Overland Drive (extended) to the north, Congressional Drive (extended) to the west; and Champion Lane (extended) to the east.  Development proposals for the northern portions of the intersection shall include not only commercial uses, but also a variety of other uses including office, community, recreational and multi-family uses.

Criteria for Community Commercial Centers (under 200,000 square feet) (6-32)

Require a Market Impact Analysis (6-36 & 37)

The applicant has provided a Market Impact Study for this project. The market study indicates the commercial project can be absorbed into the community within three years from completion, and that it would not result in a community wide retail vacancy rate of greater than eight percent.

AREA PLAN - W. 6^th/WAKARUSA DRIVE

The following information comes from AN AREA PLAN FOR THE INTERSECTION AREA OF WEST 6^TH STREET & WAKARUSA DRIVE. The plan was approved by the Lawrence City Commission on December 2, 2003.

The West 6^th Street/Wakarusa Drive study area is anticipated to evolve into one of the more prominent commercial centers of the community.  The Lawrence City Commission has directed City staff to ensure new development at this intersection area is appropriate for the surrounding neighborhoods and also within the context of the entire community.  The City Commission has also directed City staff to ensure that new development is compatible with existing development located within and adjacent to the intersection area.  Any development proposals for this intersection will come under close scrutiny to ensure this direction is abided by.  The following land use recommendations regarding the development of the West 6^th Street/Wakarusa Drive study area are based on the analysis of the above identified existing conditions and envisioned future of this intersection area.  In addition to the recommendations below, it is recommended that no building permits be issued for the study area until the West 6^th Street Improvement Project is substantially completed.

The Area East of Wakarusa Drive

The area located east of Wakarusa Drive (the northeast corner of the West 6^th Street/Wakarusa Drive intersection) is recommended as most appropriate for commercial development of a non-retail focus.  As three (3) corners of this intersection are likely to develop as retail centers, it is recommended the remaining corner incorporate less-intensive commercial development.  This corner is in closest proximity to the high school complex and indoor aquatic center to the north and adjacent residential neighborhoods to the northeast.  It is recommended the existing A, Agricultural, zoning designation be rezoned to PCD-2 with restrictions.  The restriction being that the development of this corner of the intersection incorporate some kind of recreational commercial use, mixed-use office-residential activity, public or semi-public/institutional use, or other such use or activity that can be demonstrated as having a less intensive impact on traffic patterns and surrounding land use activities and neighborhoods.  It is also recommended that up to 62,000 gross square feet would be permissible for retail commercial use if planned as part of an overall development plan incorporating a mix of uses that are designed to be pedestrian-friendly. [Emphasis added]

Additional Recommendations

It is also recommended that the total allowable retail commercial square footage be limited to 440,000 gsf for the four corners of the West 6^th Street/Wakarusa Drive intersection.  In the event the approved development plan for 154,000 gsf on the northwest corner of West 6^th Street and Wakarusa Drive expires or otherwise becomes null and void, the total square footage allowed at the intersection will be reduced to 420,000 gsf.  A breakdown of square footage allocation is illustrated in the table below.

Total Square Footage Allowed	440,000gsf*	420,000gsf+
Southside of West 6^th Street (existing development)	224,000gsf	224,000gsf
Northwest Corner of West 6^th Street/Wakarusa Drive	154,000gsf	136,000gsf
Northeast Corner of West 6^th Street/Wakarusa Drive	62,000gsf	60,000gsf
Note: * = with approved development plan on northwest corner; + = without approved plan

Staff Finding – To be in conformance with the comprehensive and area plan, the rezoning of this portion of the property needs to have restrictions consistent with a less intensive commercial development. The permitted uses being that the development of this corner of the intersection incorporate some kind of recreational commercial use, mixed-use office-residential activity, public or semi-public/institutional use, or other such use or activity that can be demonstrated as having a less intensive impact on traffic patterns and surrounding land use activities and neighborhoods. The adopted plan for the area (An Area Plan for the Intersection Area of W. 6^th Street and Wakarusa Drive) places limitations on the amount and recommended location of commercial space.

STAFF REVIEW

The adopted plan for the area uses Champion Lane right-of-way as a stopping point for the commercial zoning and as a separation between the recommended residential and commercial uses for this undeveloped area. The area plan did not envision or take into account a New Urbanism, mixed-use commercial/office/residential, approach to this property.

The mixed-use commercial/residential nature of the west half of the development plan and the proposed community theater use (which is allowed in residential subject to an approved Use Permit upon Review) would provide some justification for the expansion of mixed-use commercial/office/residential into a portion of the previously zoned Planned Residential Development area on the east side of Champion Lane, zoning request [Z-03-17-05].

This rezoning request has been submitted in conjunction with the Bauer Farm Planned Unit Development.  Attention needs to be taken in the design and approval of the development plan, to ensure that the W. 6^th Street/Wakarusa Drive Commercial Center does not become, nor have the appearance of, a commercial strip along W. 6^th Street.

The rezoning request should be contingent upon the approval of a Preliminary Development Plan and filing of a Final Plat. The same zoning use restrictions that have or will be placed on this portion of the PCD-2 area should also be required on the proposed adjacent PCD-2 rezoning [Z-3-17-05]. A copy of the prior PCD-2 rezoning, Ordinance No. 7756, is attached (attachment “B”). The existing PCD-2 restrictions also require that building permits can not be issued until the W. 6^th Street Project is substantially completed, no one building shall be larger than 50,000 gross square feet, and that there will be no more than 62,000 gross square feet of retail commercial space for the northeast corner of W. 6^th Street/Wakarusa Drive.

The applicant is proposing use restrictions as listed in attachment “A”. The existing use restrictions are listed in attachment “B”. Ordinance No. 7756 was approved with lower traffic generating uses than what is now being sought.

Additional uses per the proposed Preliminary Development Plan which would not currently be allowed include:

• Multiple-family residential use above commercial use
• Automotive service station
• Bank, savings & loan and trust company, (with or without a drive-thru)
• Drive-thru as part of the coffee shop and drive-thrus as part of the restaurants
• Hotel/Conference Center
• Large number of retail stores – personal services listed under Use Group 12
• Large number of automotive sales- retail sales listed under Use Group 13

Staff is concerned with the proposed increase in traffic generating uses that are being proposed with this project and that allowing for 7 drive-thru businesses a pull-thru automotive service and a hotel/convention center is too intense as per the previously approved Area Plan and City requested rezoning restrictions.

Staff is of the opinion that Ordinance No. 7756 could be modified to include allowance for the following additional uses:

          Under Use Group 4 Multiple-family Residential

• Multiple-family residential use above commercial use (retail/office on 1^st floor with multiple-family residential on upper floor(s))

          Under Use Group 12. Retail Sales

· Antique sales

· Appliances, furniture, home furnishings, sales, rental repair

· Art supply sales

· Bank, savings & loan and trust company (without a drive-thru)

· Clothing sales

· Food store, including retail bakery

· Laundry, self service only

· Mail order service

· Optical goods, sales

· Orthopedic or medical appliance sales

· Photographic studio

· Quick copy or duplicating center

· Radio and television studio

· Sewing machine sales and repair

· Shoe repair and sales

          Under Use Group 13 Automotive Services, retail sales other

· Automobile parking garage

· Barber and beauty equipment sales

· Blueprinting and similar reproduction processes

· Bus passenger station

· Caterer

· Free standing automated banking or dispensing facility (walkup without a drive-thru)

· Leather goods, sales and repair

· Pet shop

· Quick copy or duplicating center

· Recording studio

· Secretarial service

· Baked goods, candy , delicatessen, and ice cream; all for retail sales on the premises only

ATTACHMENT “A”

REZONING WITH PERMITTED USES AS REQUESTED BY THE APPLICANT [Z-07-48-05]

ATTACHMENT “B”

ORDINANCE NO. 7756, PERMITTED USES WITHIN THE PCD-2 PORTION OF BAUER FARM (18.938 Acres)

		ZONING DISTRICTS					PERMITTED USE GROUPS	Parking Group	Special Cond.
		RO-1, 1A, 1B	RO-2	RS	RM	RD
	20-610.8	S	S	S	S	S	USE GROUP 7.  COMMUNITY FACILITIES - PUBLIC UTILITIES  (a) may appropriately be located in residential areas to provide education, recreation, health, and other essential services and, (b) do not create significant objectionable influences in residential areas. 1.       Community Facilities Adaptive reuse of properties listed as a landmark on the Lawrence, State or National Registers of   Historic Places or included in the Lawrence or National Register of Historic Districts Art gallery or museum Cemetery, columbarium, or mausoleum Child care center Child care home - occupant primary provider Child care home - non-occupant primary provider Church or other place of worship, including student center Club or lodge, private, except those whose chief activity is carried on as a business Communication Towers Community building, public Golf course, but not including commercially operated driving range, pitch and putt course or miniature golf course Halfway house or service-oriented rehabilitation center or residence Health center, government operated Hospital, general, not including animal Institution for children and aged, nonprofit Library or museum: public or private, open to public without charge Monastery, convent or similar institution of religious training Mortuary, funeral parlor, or undertaking establishment Nursing home or rest home Parish house, nunnery, rectory, etc. Park, playground, or playfield, public Private recreation facility (exclusive of family swimming pools and swimming pools that are accessory uses to hotels, motels and apartments) Rehabilitation center for persons with disabilities Sanitarium School, public, parochial, or private, non-profit: (a)    Grades nine and below including kindergarten (b)    Grades ten and above Studio for professional work or for teaching of any form of fine arts e.g. photography, music, dancing, drama, etc. Swimming pool, accessory Theatre, live (if indoors) 2.       Public Utilities Electrical substation Gas regulator station Radio or television transmitter or tower Sewage disposal plant, private Telephone exchange, but not including garage, shop, or service Water filtration plant, pumping station, elevated storage or reservoir 3.       Similar Uses All 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. 4.       Accessory Uses (Ord. 6359; Ord. 6382; Ord. 6489)	25 12 22 22 22 8 15 15 23 6 14 6 22 13 6 7 6 1 22 6 22 16 13 7 22 22 22	1428 1608/1451 1427 1408 1424/1608 1424 1424/1608 1409 1608/1410/ 1448 14B02/1608 1427 1416 1608/1448 1608/1448 1608 1608 1427 1409 1608 1441/1608/ 1448 1608/1448 1608 1608/1457 1437 1608/1448 1608 1608 14B02/1608 1608 1608 1608
20-610.10		S	S				USE GROUP 9.  PROFESSIONAL OFFICES.  Offices for medical, professional and governmental purposes and accessory use, not including retail sales to the public, that are of a nature that may be located adjacent to or combined with residential uses without harmful effects to said residential uses. 1.       Medical and Related Offices Chiropody, chiropractic, dental, electrology, medical, optical, optometric, osteopathic, including a clinic 2.       Ambulatory (Outpatient) Surgery Center 3.       Professional and Governmental Offices Accounting, architecture, engineering, governmental, insurance sales, law, real estate and sales and brokerage, motion picture studios (enclosed) 4.       Veterinarian Office and incidental boarding, with no open kennel or yard where animals are confined or exercised 5.       Financial Institutions 6.       Studio for professional work or for teaching of any form of fine arts e.g.         photography, music, dancing, drama, etc. 7.       Other Offices All other offices which (1) are similar to the listed uses in function, traffic-generating capacity, effects on other land uses, and (2) are not included in any other use group. 8.       Accessory Uses. (Ord. 6287; Ord. 6770; Ord. 7047 rev.)	11 27 13 14 12 13	1428 1458 1403 1608/1457

	Zoning District	PERMITTED USE GROUPS	Parking Group	Special Cond.
	O-1
20-7A04.3	S	USE GROUP 9A.  LIMITED SERVICES.  These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods. 1.        Bank, savings & loan, and trust company Dry cleaning outlet store Freestanding automated banking or dispensing facility Funeral home, mortuary or undertaking establishment Laboratory, medical or dental Loan office Personnel services Photographic studio Post Office branch facility Professional cleaning services Radio and television studio 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 Studio for professional work or for teaching of any form of fine arts i.e. photograph, music, dancing, drama, etc.  Telephone answering service 2.             Accessory Uses	12 12 7 16 13 13 12 12 13 12 16 16 13 13 12	1428

20-709.

	ZONING DISTRICTS						PERMITTED USE GROUPS	Parking Group	Special Cond.
	CP	C1	C2	C3	C4	C5
20-709.9		S	S	S	S	S	USE GROUP 11.  INNER NEIGHBORHOOD COMMERCIAL USES.  These uses are limited in development, intensity and traffic-generating capacity to uses which are compatible with established residential neighborhoods. 1.      Bicycle sales, rental or repair Book store, new or used Dry cleaning outlet store Food store, not including 24 hr. convenience store Hair care establishment Laundry, self-serve Professional Offices (excluding medical and veterinarian offices and clinics) Quick copy center Restaurant, not including one with drive-up facilities or service to automobiles Retail bakery Reverse vending machines (recycling) Shoe repair service Small collection facilities (recycling) Studio for professional work or for teaching of any form of fine arts i.e. photography, music, dancing, drama, etc.  2.     Accessory Uses (Ord. 6578; Ord. 6777)	13 12 12 11 11 11 13 11 26 11 12 13	1428/1446 1453 1450 1450
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 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)	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
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