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LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Mr. Steven R. Sarkozy Thomas M. Scott, Esq. May 28,1999 Page 19 · Residents ranked the proximity and convenience of shopping as one of the primary positive attributes of the City. . The 1994 Comprehensive Plan identifies priorities for buffering and screening different land uses. The City adopted a Boundaries and Buffers Plan in 1996. The buffer area and landscape plan components ofHar Mar and the proposed Cub Foods store are generally consistent with this plan. . The Moratorium, which was established to analyze potential impacts and appropriate regulations regarding "intense, 24-hour, warehouse-sized sub-regional uses," is very narrowly applied to only portions of the S-C Shopping Center District. . There are numerous other similar uses with potential comparable impacts, which are currently permitted by right in other zoning districts, with adjacency to residential districts, which are not affected by the Moratorium. . . . The City has had the opportunity for several years to determine whether there are any potential impacts from 24-hour retail uses that require changes to official controls through the existence of three all-night, warehouse-sized suh-regional grocery stores already located in the City. . The City has reviewed and approved dozens of intense, warehouse-sized sub-regional uses in the past several years and should be very familiar with any potential impacts from such uses and remedies for mitigating impacts. . The permitted and conditional uses in the Shopping Center District were clarified in the City Zoning Ordinance as recently as 1995. . The land use issues referenced in the Moratorium Study staff report are either addressed in the City Zoning Ordinance, which was modernized less than five years ago, or are matters of experience the City has dealt with repeatedly. . There are performance and design standards in the City ordinances which apply to all new or expanded commercial uses, including the proposed Cub Foods project. These performance and design standards address virtually all of the issues proposed to be addressed in the Moratorium Study. . The site plan review process currently gives the City the authority to review all new commercial development and to assure that all development is consistent with City ordinance requirements. . Development contracts are an effective mechanism available to the City to enforce site plan approval standards and conditions.