PUBLIC HEARING ITEM:

ITEM NO. 15: A TO PCD-2 (W/USE RESTRICTIONS); 18.938 ACRES; NORTH OF 6^TH STREET AND EAST OF WAKARUSA DRIVE (BPD)

SUMMARY

Z-06-19-03:  A request to rezone a tract of land (approximately 18.938 acres) from A (Agricultural) District to PCD-2 (Planned Commercial) District with use restrictions.  The property is generally described as being located at the northeast corner of West Sixth Street and Wakarusa Drive.  Carolena Ltd. and Henrysflower LLC are the property owners 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-06-18-03 and Z-06-20-03).  These rezoning requests are predicated on an area plan for the West 6^th 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; cultivated cropland.

Surrounding Zoning and Land Use:             RS-1 (Single-Family Residential) District to the north and northeast; public/institutional (Free State High School Complex) and City Indoor Aquatic Center.

                                                          A District to the east with a pending rezoning to PRD-2 (Planned Residential Development); cultivated cropland.

                                                          PCD-2 (Planned Commercial Development) to the southeast, south, and southwest; commercial, office.

PCD-2 to the west with a pending rezoning to PCD-2 with restrictions; undeveloped.

A District to the west and northwest; undeveloped, public/institutional (city park).

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

I.         ZONING AND USES OF PROPERTY NEARBY

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

There are a wide variety of land uses and zoning patterns surrounding the subject property.  Development patterns around the property occur in various stages ranging from undeveloped lands to the west and cultivated cropland to the east to commercial and office development to the southeast, south, and southwest.  Public and institutional uses are located to the northwest, north, and northeast of the property.

Zoning districts around the property include RS-1 (Single-Family Residential) to the north and northeast; Agricultural District to the east with a pending rezoning to PRD-2 (Planned Residential Development); PCD-2 (Planned Commercial Development) to the southeast, south, and southwest; PCD-2 to the west with a pending rezoning to PCD-2 with restrictions; and A District to the west and northwest.

II.       CHARACTER OF THE AREA

The properties at the southwest and southeast corners of W. 6^th 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 west of the subject property is currently undeveloped.  In 2001, a request to rezone the property to PCD-2 was approved as was a Final Development Plan for the property.  Since that time the property owner has initiated a number of rezonings and proposed development plans for the property.  On June 3, 2003, the City Commission passed Ordinance 7651 (attached) initiating a request to rezone (Z-06-18-03) the property from PCD-2 to PCD-2 with restrictions. That request is on this month’s Planning Commission agenda.

Located to the north is the Free State High School campus and the City Indoor Aquatic Center.

The property to the east retains its County zoning designation of Agriculture District and is currently being used as cropland.  On June 3, 2003, the City Commission initiated a request to rezone (Z-06-20-03) the property from Agriculture to PRD-2 (Planned Residential Development).  That request is on this month’s Planning Commission agenda.

The planned widening and improvement of W. 6^th Street will impact the subject property.  The W. 6^th Street project is scheduled to be completed in 2005.

City sanitary sewer and water can be provided to the subject property.

Staff Finding - The subject property is surrounded by a variety of uses at urban development intensity.  These uses include residential, 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

The subject property lies in the path of urban expansion of the City.  Its current zoning designation (Agriculture) is not conducive to permitting urban level development that is anticipated in this area.  With improvements to City services in and around the area, current restrictions to agriculture and low-density residential development seem less suitable and appropriate for the future development of this area.

Staff Finding - The subject property is located inside the corporate limits and may still be used for agricultural purposes.  As urban development continues to surround the subject property, the ability to viably continue the agricultural uses on the property diminishes.  More intensive urban development is appropriate at this location.

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

Staff Finding - The subject property has been zoned A (Agricultural District) since the adoption of the Zoning Regulations for the Unincorporated Territory of Douglas County, Kansas in 1966.

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

Rezoning of the 18.938 acres to PCD-2 with use restrictions will increase the potential for development to occur on the subject property.  The proposed use restrictions associated with the rezoning request include limiting the uses allowed on the property to primarily non-retail types of commercial uses.  The purpose of the restriction is to ensure the property develops in a manner consistent with Horizon 2020 and the An Area Plan for the Intersection Area of West 6^th Street and Wakarusa Drive.

The proposed rezoning of the property to the east to PRD-2 (Z-06-20-03) will provide a buffer and a transitional use for the residential properties to the northeast and east.  Additionally, the PRD-2 will serve as a clear demarcation of where the commercial (node) zoning ends; thus, reducing the likelihood of strip commercial development occurring along this portion of W. 6^th Street.

The properties to the south and west have already, or will likely, develop in an intensive commercial manner.

Staff Finding - Rezoning of the approximately 18.938 acres to PCD-2 with restrictions will not have detrimental effect 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 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 office uses has a higher value than incorporated agricultural land.  Rezoning the subject property from A to PCD-2 with restrictions will better facilitate the development of the subject property and not place a hardship on the individual landowner.

The restriction that no building permit be issued until W. 6^th 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. 6^th 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. 6^th Street and Wakarusa Drive.

Staff Finding - The rezoning of this land will not destroy the value of the subject property or impose a hardship on the landowner or the general public. 

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 6^th Street and Wakarusa Drive Horizon 2020, and Horizon 2020 discuss the intersection of W. 6^th 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. 6^th Street and Wakarusa Drive.  The rezoning request of 18.938 acres is consistent with the proposed land use map contained in The Northwest Plan.

An Area Plan for the Intersection Area of West 6^th Street and Wakarusa Drive Horizon 2020 adopted by both the Planning Commission and City Commission recommends that less-intensive commercial development occur at this corner.

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

“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 (northeast corner) is in closest proximity to the high school complex and indoor aquatic center to the north and adjacent residential neighborhoods to the northeast.”  (Pg 18)

Horizon 2020 designates a portion of the W. 6^th 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)

Policy 3.3(a)3 in Horizon 2020 provides guidance for what type of uses are appropriate for the non-retail corners of a Community Commercial Center.

“Corners of designated intersections not developed with commercial uses should be utilized for office, employment-related uses, public and semi-public uses, parks and recreation, and with extensive on-site screening, higher-density residential uses.  Encourage the development of mixed-use centers (office, employment-related uses, public and semi-public uses) adjacent to community commercial development to provide mutual attraction to employees and retailers and to enhance the visual image of the area.” (Pg 107)

The Area Plan for this intersection specifically recommends that this corner be rezoned to PCD-2 with restrictions on the type of retail uses allowed on the corner.

“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 (northeast) 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.” (An Area Plan for the Intersection Area of West 6^th Street and Wakarusa Drive, Pg 18)

The proposed restrictions to be included with this rezoning request would limit the possible retail uses on the subject property to Use Group 7 - Community Facilities, Use Group 11 - Inner Neighborhood Commercial Uses, Use Group 12 - Retail Stores Personal Services, and Use Group 15 - Recreational uses. 

This rezoning request will increase the amount of commercial acreage at the intersection and the restrictions that are proposed to be part of the PCD-2 rezoning ordinance will allow some forms of commercial retail uses.  The allowable retail commercial uses are recommended to be those found in Use Group 11 - Inner Neighborhood Commercial Uses and Use Group 12 - Retail Stores Personal Services.  These uses generally require buildings with smaller footprints with the exception of “Food store”.  The use restrictions recommended in this staff report are different from the recommendations made in the staff report dated September 24, 2003.  Additional uses have been added to the list of recommended uses for this corner.  These added uses comply with the nodal plan that recommends “use or activity that can be demonstrated as having less intensive impact on traffic patterns and surrounding land use activities and neighborhoods.”

Additional recommend uses are non-retail commercial uses in nature such as Art gallery or museum; Community building, public; Golf driving range, commercial; Golf pitch and putt courses, miniature golf course; and permitted uses in Use Group 15 Amusement, Recreational and Cultural Facilities. 

Horizon 2020 provides the following guideline for the amount retail commercial space that should be allowed in the Community Commercial Center.

“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)

The table below shows that the current amount of approved retail space at the intersection of W. 6^th Street and Wakarusa Drive is approximately 380,000 gross square feet.  This is 130,000 square feet more than the “typical” amount of retail square footage recommended by Horizon 2020 for a Community Commercial Center.

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	69,558	3,240	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

The Area Plan for this intersection recommends a maximum of 62,000 gross square feet of retail space for this corner.

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

“It is also recommended that up to 62,000gsf 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.” (Pg 18)

Staff Finding - The rezoning request is in conformance with The Northwest Plan and the comprehensive plan, Horizon 2020.

STAFF REVIEW

This rezoning request is part of a larger proposal for recommending land uses in the West 6^th Street/Wakarusa Drive intersection area which extends north of West 6^th Street from Congressional Drive to Folks Road.  At present, there is no approved development plan for the subject property (the northeast corner of the West 6^th Street/Wakarusa Drive intersection).  The rezoning of the subject property to PCD-2 with use restrictions will encourage development to occur in a manner that will comply with Horizon 2020 and The Northwest Plan and will ensure that the commercial portion of the intersection will be well integrated with the surrounding uses.  The purpose of the use restrictions recommended for the subject property is to encourage smaller footprint retail shops and/or a family entertainment center or other recreational type uses.

A concern for the development pattern for this corner of the intersection is the massing and scale of buildings at the northeast corner in relationship to the building patterns to the south.  The scale of any buildings constructed at this corner should provide a transition from the commercial buildings on the south side of W. 6^th Street to the Free State High School building to the north.  In order to insure that development of this corner provides that transition in massing and scale, Planning staff recommends limiting the size of any one building at this corner to a maximum of 50,000 gross square feet.  50,000 gross square feet is the approximate size of the Dillon’s building on the south side of W. 6^th Street.

The rezoning of the subject property is appropriate for an increasingly urbanizing area.  The rezoning of the subject property is not likely to cause detrimental effects to surrounding neighborhoods or individual property owners.

The rezoning request of the subject property is in conformance with the City’s comprehensive plan, Horizon 2020 and the Northwest Plan, an area plan for four square miles of northwest Lawrence.  The rezoning of the subject property to PCD-2 with restrictions will facilitate the development of the property in a manner that is in conformance with Horizon 2020.

On June 3, 2003, the City Commission adopted Ordinance 7651 (attached) establishing a temporary building permit moratorium for an area north of W. 6^th Street including the subject property.  On December 2, 2003, the City Commission extended this moratorium to March 1, 2004.

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. 6^th Street and Wakarusa Drive intersection.  The Area Plan (An Area Plan for the Intersection Area of West 6^th 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 6^th Street and Wakarusa Drive.

Planning staff has had a informal discussions with the property owner’s representatives regarding potential development proposals for the subject property.  However, no formal development application has been received by the Planning office.

PROFESSIONAL STAFF RECOMMENDATION

Planning Staff recommends approval of the rezoning request from A to PCD-2 with the use restrictions listed below based upon the findings of fact presented in the body of this Staff Report and forwarding of it to the Lawrence City Commission with a recommendation for approval subject to the following conditions:

1. No building permit will be issued until the W. 6^th Street Project is substantially completed.
2. No one building shall be larger than 50,000 gross square feet of space.
3. There be no more than 62,000 gross square feet of retail commercial space
4. The below listed uses be included as part of the rezoning ordinance.

RECOMMENDED USE RESTRICTIONS

		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