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11/05/99 13:01 FAX 612 33i 5601 I4J 005 AsSUMPTIONS DSU, INC. Inherent in our study of issues involving residential and commercial uses are the following assumptions: · Residents in residential areas expect and deserve reasonable peace and quiet without serious interruption or intrusion from commercial uses and their direct or indirect impacts. · Residents in residential areas expect and deserve greater peace and quiet without interruption or intrusion during reasonable nighttime hours, between the hours of 10:00 pm and 7:00 am. · The sanctity of this nighttime peace and quiet implies the highest possible standard of development techniques for the screening, buffering, and protection of residential areas. · The regulations adopted by the City need not meet a strictly scientific or empirical standard, but rather standards of "reasonableness" and "fairness." These standards imply logic and consistency based on what a reasonable person in reasonably similar circumstances would fInd acceptable or unacceptable. ZONING ApPROVAL PROCESS AL TERNA TIVES Because twenty-four hour uses operate during late nighttime hours when most other activity is at a minimum, they pose unique issues for zoning and land use compatibility. We recommend therefore that the City approval process for all commercial uses which will be operated late in the evening or early in the morning near residential areas be scrutinized carefully. There is a distinction to be made between twenty-four hour uses as Pennitted Uses or Conditional Uses, and iliere are at least three possible levels of zoning approval that could be considered: Option J: Option 2: Option 3: · Uses in the SC zoning district within 300' of a residential district that are open for business, delivery and other activity between the hours of 10:00 pm and 7:00 am would be considered Pennitted Uses that must be reviewed and approved by the City Development Review Committee under the typical site plan approval process, with the enhanced standards recommended here. · Uses in the SC zoning district within 300' of a residential district that are open for business, delivery and other activity between the hours of 10:00 pm and 7 :00 am would be considered Permitted Uses under an enhanced Site Plan Approval process, with review and recommendation by the City Development Review Committee, plus review and approval by the City Council. · Uses in the SC zoning district within 300' of a residential district that are open for business, delivery and other activity between the hours of 10:00 pm and 7:00 am would be made Conditional Uses, with review and recommendation by the City Development Review Committee, review and recommendation by the Planning Commission, and review and approval by the City Council, under the typical Conditional Use Permit process. Phase ill Report Page 2 Roseville Shopping Center District Study