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, r CASE # 2 ir ir REQUESTiFOR DISCUSSION REGARDING PERMITTED USES IN THE B-3 HIG~W,L,&Y BUSINESS DISTRICT; CASE OF WAYNE JOHNSON ~ ~ By: Zoning Administrator Sylvia Frolik Background:; Wayne Johns0~ iS[in~ commercial real estate and has been marketing, property on Hwy. gl0. Property alon~ thel Hwy. gl0 corridor is zoned B-3 Highway Bus~ness and according to City Code, profesSi~bn*lloffices and retail sales are not permitted uses in the B-3 Highway Business District. Mr. J~i>h~ ',on is of the opinion that professional offices and retails sales are appropriate uses for the h~gh lay corridor. He has requested an audience with the Planning and Zoning Commission t~ tr] and convince the Commission to initiate an ordinance to amend the permitted uses in the B-3iHi hway Business District. I I I I I I I I I i ,I ObservationS: In November 6f 19[}0, the City Council rezoned the property along Hwy. gl0 from B-1 Business to B-3 HighWa~y BUsiness. In doing so, the following types of uses were eliminated as permitted uses along Hwy, #!0: a) iRelail sales (with the exception of liquor, autos, recreational equipment, ¢imPlements, and auto accessories); b) :Offices and banks; c) Personal and professional services; d) Funeral homes; e) Medical clinics; and f) Animal clinics. The new B-3 s~tio.n requires a conditional use permit for any outside sales and display areas and it also permits afiY retail or service activity permitted in the B-1 District to locate in the B-3 District with a conditi6nai !ase permit. If our intent in 1990 was to get a handle on the outside activity associated wii.h r~rail sales along Hwy. gl0, we accomplished that with the requirement for a conditional us~p~it for outside display and sales areas. I'm not sure what we are accomplishing by requiring a ¢ofid~itional use permit for an all enclosed retail, rental or service activity. I am also not sure why b~inkSiand offices were eliminated from the highway as permitted uses. If you read thrOugh'the Bo3 regulations, you will also note that there are no provisions for open or outdoor storagg a~ an accessory to a permitted use, but it says you can have outdoor storage as a principal use ~f .fllk property with a conditional use permit. I believe this may have been a typographical ,~r0~ri If the intent was to improve the aesthetics of Hwy. gl0, then outdoor storage as an accesso~ uge of property should be allowed on a limited basis and under certain conditions and there shou!d ge! no provision to use highway frontage property for outside storage principally.