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Zoning File #2327 January 12, 1998 Page 3 where the customer would order items at a counter which are provided to him either packaged to leave the premises, or on a tray to be taken to a table within the store for consumption. A pizza retail operation could be veiy similar, or it could range from a sit-down restaurant where items are ordered via a waitress from a separated kitchen; or could be merely a takeout/delivery order base station with no food eaten on the premises. It is significant to note that the only other food service type operation in the B-5 District is the Navarre Dairy Queen. It operates as a conditional use under the "candy, ice cream, popcorn, nuts, frozen desserts, soft drink store" category. Note that the Dairy Queen continues to closely conform to the letter of this unique use, in that while it does have a drive thru window, it does not have any indoor seating, is only open seasonally, and has not become a "brazier" store where foods are fried; hot dogs/brats and barbecue are all heated on the site but no grilling occurs. The nature of this use has not, therefore, expanded to the classical restaurant type use, although it might fall under the definition of a Class II restaurant by virtue of the drive-up window. Are the Proposed Uses Appropriate in the B-5 District? Planning Commission should consider the following questions in determining whether certain limited restaurant uses might be approved within the B-5 District: 1. Are restaurants an appropriate use in the B-5 District given the intent of that district and its proximity to residential uses? 2. How will the proposed restaurant type uses impact the neighborhood? Traffic? Lighting? Odors or noises? Hours of operation? On-site parking? 3. Can the identified impacts be mitigated or avoided by limitations on the nature or type of restaurant uses allowed? 4.If the proposed uses are allowed, do sufficient controls exist to exclude other restaurant type uses which would be objectionable in the B-5 District? Analysis The B-5 District w'as created in 1975 to provide limited business activity compatible with the adjacent and surrounding residential uses. The B-5 was also intended to provide for businesses that serv'e "residents in the surrounding neighborhood" as opposed to a place for City-wide or regional oriented uses. Those uses w'ould be reserved for the B-1 or B-3 Districts The nature of existing uses in the B-5 to a great extent matches the B-5 goals, i.e. a Dairy Queen, an auto parts store, an animal hospital, low key retail, professional office, furniture store, and (albeit non-conforming) auto repair operation, all :end to serv'e the surrounding neighborhood. Likewise, the nature of the