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FROM LARKIN HOFFMAN DALY (MON) 12.13' 99 17:58/ST.17:57/NO. 4861132814 P 3 LARKIN, HOFFMAN, DALY & LINDGREN, LTD. Joel ]amniK) Esq. December 13, 1999 Page 2 We have reviewed the proposed Zoning Ordinance Amendments, as amended and directed by the Planning Commission. This letter contains Bradley's comments on the Zoning Ordinance Amendments as amended and recommended by the Plannjng Commission. It does not repeat comments that Wt:rc previously made in our December 8 letter unless those comments continue to relate to the Zoning Ordinance Amendments recommended by the Planning Commission. Bradley's review of the proposed Zoning Ordinance Amendments recommended by the Planning Commission identified several questions and concerns that are documented in Lhis letter. Bradley's comments are divided into two sections: (1) General comments on the proposed Zoning Ordinance Amendments recommended by the Planning Commission; and (2) Comments on specific sections of the proposed Zoning Ordinance Amendments recommended by the Planning Commission. General Comments on Proposed Zoning Ordinance Amendments Recommended by the Planning Commission · Bradley shares the implicit objective of the proposed Zoning Ordinance Amendments to endeavor to make twenty-four hour shopping center uses compatible, to the maximum extent reasonably feasible, with nearby residential development. This requires a balancing of Comprehensive Plan goals which encourage continued development of and investment in existing shopping centers while reasonably protecting nearby residential properties. . Several features, however, of the proposed Zoning Ordinance Amendments and the properties to which they potentially apply deserve mention: . The proposed Zoning Ordinance Amendments apply only to the S-C District. "Twenty- four hour uses" as defmed in the proposed Zoning Ordinance Amendments, are permitted uses in several other commercial zoning districts, such as the B-2 District, whether or not they arc located within 300 feet of a residential district. Tfthe Zoning Ordinance Amendments are adopted, a twenty-four hour S-C use within 300 feet of a residential twenty-four district would be subject to certain more restrictive standards than a B-2 twenty-four hour use located the same distance from a residential district. Although the Planning Commission addressed a number of these issues, certain provisions still remain that have the potential to put Shopping Center district properties at a distinct competitive disadvantage.