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K 3 1 Suggested Additions to Findings of Fact in Use Appeal Resolution(Roe, 7/23/12): 2 3 Findings of Fact: 4 5 1. The proposed land use conforms to the Statement of Purpose contained within Section 6 1005.01 of the Zoning Code. Specifically. the proposed use is found to: 7 a. Be part of an allowed mix of commercial development types, 8 b. Provide retail shopping that is conveniently and safely accessible through multiple 9 modes of travel, and will be of high quality and attractive construction as a result 10 of conformance to the standards of the Zoning Codes 11 c. Provide a commercial use in a designated area, 12 d. Be located in such a manner as to allow for appropriate transition to lower- 13 intensity uses adjoining the site and the Twin Lakes area, and 14 e. Through adherence to City code requirements and other regulatory requirements 15 be required to adhere to sustainable design practices that enhance the natural 16 environment. 17 2. The proposed land use conforms to the descriptions of permitted uses contained within 18 the Use 'hart relevant to a Community Mixed Use District under the Zoning Code. 19 Specifically,the proposed use is found to potentially consist of some or all of the 20 following_permitted commercial uses, and is found to consist of no non-permitted uses: 21 a. R etail, general and personal service, including auto parts, books, clothing, 22 ;n_harmacy, electronics, hardware, office supplies, 23 b. nk or financial institution, and 24 c. f"rocery store. 25 3. The proposed land use conforms to the Statement of Purpose for Community Mixed Use 26 Districts under the Zoning Code. Specificallythe proposed use is found to provide for a 27 permitte_f commercial use in a single-use building,that, through adherence to standards in 28 the ZoninE,Code, be required to be connected by streets, sidewalks and trails, and open 29 space, to be part of a.pedestrian-oriented environment. 30 4. As it is ;r plied to the proposed land use at issue, no conflict exists between the Zoning 31 Code ar:1 the Comprehensive Plan. The Comrehensive Plan is rather found to inform 32 and comniement the Zoning Code. 33 5. The proe'sed land use nevertheless conforms to the City's Comprehensive Plan as it 34 relates tc Community Mixed Use designations. Specifically,the proposed use is found to 35 be a co;�,rnercial part of a district that is to be connected with sidewalks and trails, using 36 shared 11; _kingand other means to createeen space and public places. The proposed 37 use is fc t ad to conform with the Community Business type of allowed use. The 38 propose;~ development is found to consist of a mix of complementary commercial uses, 39 compat:± ?«and connected to surrounding land use patterns. 40 6. The pro osec and use conforms to the Community Business designation as it relates to 41 uses within a Community Mixed Use designation. Specifically,the market area of the 42 proposed use is found to be primarily local and not primarily regional in nature; the 43 proposes! free-standing business is found to be of community orientation and scale in the 44 context:;__the anticipated mixed-use development in the surrounding area; the site is 45 found to r located on A Minor Reliever rPrd,Aays (Cleveland Avenue and County Road 46 C); and. :Zrmi ph adherence to the standards of the Zoning Code,the proposed