03-23-1998 Council Packet - Laserfiche WebLink

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#2327 - B-5 Amendment March 3, 1998 Page 2 A question arose as to what was meant by 'primary tenant'. Staffs intent was to limit these two restaurant uses by making them a secondary use of any given building, the intent being to eliminate the possibility of a free-standing coffee or bagel shop. One concern is that once such a separate building is constructed, if the coffee or bagel shop closes, the building is automaUcally attracUve to (and perhaps only suitable for) other restaurant uses which are not approved in the B-5 district; wWle a lea.sable space in a building devoted primarily to a non-restaurant use, is likely more flexible. It was noted that a simple requirement that bagel/coffee shop uses cannot occupy more than 50% of an individual building’s gross floor area, would accomplish the same purpose. Dillon also indicated that the square footages needed for such uses may be somewhat higher than than the limitations initially proposed. A maximum of 2,000 s.f for an individual coffee or bagel use and a 4,000 s.f. maximum for a combination of the two, was suggested. What Degree of Limitation is Necessary ? Council should consider whether there are compelling reasons to establish size limits or other types of limitations specifically for these two new uses. The 'coffee and/or bagel retail store use in itself is very limiting, in that very few types of food serving establishments would fall into this category. Orono's zoning code sections regarding the 'B' districts are generally in need of an update. There are many types of commercial uses today that weren't contemplated when the current code was adopted. Rather than merely adding to or subtracting from the lists of specific uses on an as requested' basis, it may be most appropriate to clearly redefine and refine the general goals for each district, then establish and update specific performance standards that should apply to all uses in each district, and ultimately allow only those uses which can meet all the standards regardless of whether the use is specifically listed. Adding 'coffee and bagel shops' to the B-5 is relatively low-risk in terms of potential impact to the surrounding neighborhoods. Council should consider whether rigorous limitations are actually needed on these two uses. Pla:ining Commission left it up to staff and Council to determine what is appropriate. As time permits, staff would prefer to take a comprehensive look at the B district standards rather than attach an exh lustive list of specific limits to each individual use.