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• 0 CASE NUMBER: 1583-85 APPLICANT: Fairview Development Company Page 2 The proposed off -sale liquor store will occupy 4,400 square feet, the remaining portion of the building (area to be rezoned) is indicated as 2577 North Fairview Avenue on the attached building plan. This space is occupied by the Sony Sound Center, a wholesale distribution center for Sony products. It would appear that some of these sales are currently retail and thus rezoning the land from I-1 to B-3 will establish these premises as a permitted retail use. 6. With respect to the rezoning proposal, the land use is consistent with the Comprehensive Plan, the parking meets minimum standards, the setbacks for the building and parking exceed the minimum requirements in the B-3 Zone. (Parking is setback 30 feet rather than the required minimum of 15 feet. The required parking lot surface and curbing is in place.) Thus, it would appear that the rezoning meets the prescribed criteria. The concept of having two land zones apply to a single parcel and structure is acceptable and has been done on other properties in the City in the past. 7. With respect to the Special Use Permit for the off -sale liquor store, the question here is one of appropriate location, adequacy of site conditions, and impact on contiguous areas. It would appear that the only potential for incompatibility is that of a single family residential district on the east side of Fairview Avenue, opposite the site. A factor in assessing the impact on these residents would be that of hours of operation of the liquor store outlet. The Planning Commission and Council may wish to question the applicant regarding these hours, though presumably they will conform with state law requiring closing at 8:00 p.m. weekdays, and 10:00 p.m. on weekends. Another factor could be that of handling of exterior lighting. The letter from the liquor store applicant notes the intent to install exterior lighting. We suggest that a condition be attached to any Special Use Permit approved, specifying that such lighting fixtures shall be "footed" in a manner so that the source of the light is not visible from the residential area. 8. From the standpoint of suitable market location, it would appear that the location will serve well this sector of the City, there being no outlet existing or as far as we know, proposed, in this area. The heavy traffic on Fairview Avenue, and its proximity to Rosedale should suggest a successful operation if properly managed. 9. The applicant's letter indicates their intent to put a sign on the building which, of course, is permitted in the zone. The Planning Commission and Council may wish to question the applicant regarding any additional signage proposed. This property, if zoned B-3, is allowed one pylon sign, 100 square feet in area, 25 feet high, and set back from the right-of-way a minimum of 30 feet.