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4,0 BACKGROUND (1211"?, 4.1 The property at 2217 Snelling Avenue has a Comprehensive Plan designation of Bu.siness (B) and a zoning classification of General Business District (B-3). This CONDITIONAL USE PERMIT (CUP) request has been prompted by the applicant's desire to operate an off- "1"?15 sale liqu.or store in a "stand alone" building. 21 �.;,% 4 Although only one off-sale liquor license is currently available and is being pursued by .2 - 7 other potential vendors, this fact must not affect the land u.se decision sought by the � 11 applicant. The City Council is being asked to answer the question of whether the proposed u.se is appropriate in the proposed location, not whether this vendor is more 30 desirable than other potential vendors who may or may not ultimately be interested. 3 1 Approving the CUP does not also approve the license application; it merely allows Mr. 31"1"?, Allen to apply for the necessary off-sale liqu.or license. 33 5.0 STAFF COMMENTS 3zl, 5.1 Section 1005.015 (Bu.siness District Uses) of the City Code permits off-sale liqu.or stores 35 in the B-3 District within "shopping center building[s]" and allows off-sale liqu.or stores 36 in "stand alone building[s]" with a CUP. The term "Shopping Center" is defined in § 1002 37 (Definitions) of the City Code as a single building of at least 40,000 square feet that 38 contains 4 or more tenant spaces. 5.2 The sub j ect building has only about 4,000 square feet and contains two tenant spaces, so it does not fall under the definition of a "Shopping Center." Although the City Code does 1 not explain what a "stand alone building" is, Community Development staff is treating -11'?, this structure as a stand alone building insofar as land uses are concerned since it fails to 3 qualify as a Shopping Center. Staff therefore believes that the proposed u.se requires a 1/1111111111111 CUP even though the same u.se would be permitted in the neighboring Shopping Center. 5 5.3 Section 1013 of the Roseville City Code allows the City Council to grant CUP's for land 6 u.ses that are conditionally permitted in a zoning district and, in order to protect the public health, safety, and general welfare, any additional conditions deemed necessary may be imposed that are above and beyond the licensing requirements and operating regulations specific to off-sale liquor stores established in §302 (Liqu.or Control). Attachment C 50 following this staff report is an excerpt of the requirements of §302 pertaining to off-sale 5 1 liqu.or stores. 51"1"?, 6,0 REVIEW OF CONDITIONAL USE PERMIT CRITERIA 53 6.1 Section 1013.01 (Conditional Use Permits) of the City Code requires the Planning 5 l Commission and City Council to consider the following criteria when reviewing a CUP 55 application: 56 a, Impact on traffic; 57 b, Impact on parks, streets, and other public facilities; 58 C Compatibility of the site plan, internal traffic circulation, landscaping, and structures with contiguous properties; 60 d, Impact of the u.se on the market value of contigu.ou.s properties; 6 1 e. Impact on the general public health, safety, and welfare; and 61"1"?, f, Compatility with the City's Comprehensive Plan. Page 2 of 4