5.3. PCSR 05-08-2007 - Laserfiche WebLink

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Discussion on Briggs Proposal May 8, 2006 City Council Worksession Page 4 of 5 dictates the need for a correct underlying zoning, it is a debatable issue as to whether this type of use could be constructed within the definitions of the Ordinance. It is also an interesting note that this section is listed under "accessory uses" as a freestanding retail of 20,000 sq ft, does not meet the definition of accessory use. 5) Another interesting note for these aforementioned uses is that no outside retail signage is allowed (Section 30-1294 (c) 4 d.) which seems counter productive since the intent is to allow some type of retail, and in turn, there needs to be a way to convey to the public, that a product (s) is for sale. 6) The last note is that although the "BP" district was changed to ninir,,;~P, if not eliminate commercial uses, motor vehicle repair is allowed as a conditional use permit (Section 30-1294 (d) (1) f.). In reviewing the "BP" district staff would conclude the following: 1) Based on the number of inconsistencies within the district a rewrite of this section should be undertaken. The key planning policy question is should retail uses be allowed, regardless of the underlying land use designation. A strong argument can be made that, at a minimum, provisions should be made to allow some complimentary retail and service uses with an established business park. The entire concept of a business park is that of an integrated land area where industrial and offices employees can obtain services and other benefits as part of the park itself. 2) The second staff conclusion is that "education uses," as described in the introduction of this report, could be interpreted to be allowed under the "BP" zoning district that allow retail sales activity up to 15% of the buildings gross floor with a cap of 5,000 sq.ft. As an example, if an industrial user had a 30,000 sq.ft. building 4,500 sq.ft. could be allocated to retail. This interpretation of "retail sales" concludes a broad definition of retail including retail, personnel services, food shops, etc. as the term retail is not defined within the Ordinance and carries with it a common usage of definition that includes the aforementioned uses. 3) As discussed in the first part of this report, the allowance of subordinated commercial space into an industrial building may still not achieve the desired economics. Conclusions and Recommendations The question of whether or not "educational venue" type of uses can afford lease rates appears to be a market derived question that is extremely complex. The issue of whether or not sufficient commercial space exists in the City, and at a lease rate structure that can make a business viable, is only part of the equation. The operation of any business including the rates charged, marketing, general operations, etc, all are considerations that have to be matched with the operating costs attributed to lease rates.