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r <br />M2327 - B-5 Amendment <br />March 3, 1998 <br />Page 2 <br />A question arose as to what was meant by 'primary tenant ’. Staffs intent was to limit these two <br />restaurant uses by making them a secondary' use of any given building, the intent being to eliminate <br />the possibility of a free-standing coffee or bagel shop. One concern is that once such a separate <br />building IS constructed, if the coffee or bagel shop closes, the building is automatically attractive to <br />(and perhaps only suitable for) other restaurant uses which are not approved in the B-5 district; <br />while a leasable space in a building devoted primarily to a non-restaurant use, is likely more flexible* <br />It was noted that a simple requirement that bagel/coffee shop uses cannot occupy more than 50% of <br />an individual building's gross floor area, would accomplish the same purpose. <br />Dillon also indicated that the square footages needed for such uses may be somewhat higher than <br />than the limitations initially proposed. A maximum of2,000 s.f. for an individual coffee or bagel use <br />and a 4,000 s.f. maximum for a combination of the two, w'as suggested. <br />What Degree of Limitation is Necessary? <br />Council should consider whether there are compelling reasons to establish size limits or other types <br />of limitations specifically for these two new uses. The 'coffee and/or bagel retail stor^ use’ in itself <br />is very limiting, in that ver>' few types of food seix’ing establishments would fall into this categor)'. <br />Orono s zoning code sections regarding the 'B' districts are generally in need of an update. There <br />are many types of commercial uses today that weren ’t contemplated when the current code was <br />adopted. Rather than merely adding to or subtracting from the lists of specific uses on an 'as <br />requested ’ basis, it may be most appropriate to clearly redefine and refine the general goals for each <br />district, then establish and update specific performance standards that should apply to all uses in each <br />district, and ultimately allow only those uses which can meet all the standards regardless of whether <br />the use is specifically listed. <br />Adding 'coffee and bagel shops’ to the B-5 is relatively low-risk in terms of potential impact to the <br />surrounding neignborhoods. Council should consider whether rigorous limitations are actually <br />needed on these tw o uses. Planning Commission lefl it up to staff and Council to determine what <br />is appropriate. As time permits, staff would prefer to take a comprchc..sive look at the 'B' district <br />standards rather than attach an exhaustive list of specific limits to each individual use. <br />I Try 1 r—^T n nr r r~i ri m ~ r ~ ~~ti i w i ■ ■ m~ ■■ ■ na 11 ^ .. < ■ ■ «i. ii. • t k m . fffii—• '.n.kk.* . • ' m . j •