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BRICE PUD - 19 92 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS
ITEM NO. 3 MEETING DATE 5 / 18 / 9 2 STAFF Steve Olt PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Brice P.U.D. - Preliminary & Final, #19-92 APPLICANT: Dr. and Mrs. W.L. Brice 1428 Pikes Peak Avenue Fort Collins, CO. 80524 OWNER: Same as the Applicants PROJECT DESCRIPTION: This is a request to allow a dental office to continue operating in 1/2 of an existing residential duplex that had been, until recently, an approved home occupation use since its approval by the City in 1976. The total area of the main floor of the primary structure is 2,224 square feet, with the dental office side being 1,252 square feet. There is an unfinished basement under the west side of the duplex that is used for storage and a detached two car garage north of the dental office. The overall lot size is 16,950 square feet. The property is zoned RM - Medium Density Residential and is located at the intersection of East Elizabeth Street and McHugh Street. RECOMMENDATION: Approval EXECUTIVE SUMMARY: This is a request to allow a dental office to continue operating in 1/2 of an existing residential duplex. This property was approved for a home occupation use in 1976, with a variance being granted to allow four full-time employees in addition to the dentist. At that time the dentist lived in the residential half of the structure. The property owner and operator of the dental office moved his residence away from this property several years ago and now rents the residential side of the duplex to others. The office use on this property is now illegal and requires a P.U.D. approval to be allowed to continue to exist. The request earns 55% on the Business Service Uses Point Chart in the Land Development Guidance System. The building is a one story structure with a total of 2,224 square feet on the main floor. The dental office uses 1,252 square feet of that area. The total area of the lot is 16,950 square feet. There is older, mature landscaping on three sides of the site. The northwest portion of the site, approximately 3,500 square feet in size, is an asphalt/concrete and gravel surfaced area providing on -site parking needs. This property provides a low intensive business service use as a transition from medium density residential to medical office uses. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Box 580 Fort Colfins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT E7BUSINESS SERVICE USES POINT CHART E For All Criteria Applicable Criteria Only Criterion is the Crtterbn Appicabie Yes No I II III IV Circle the Correct Score MurLPW Points Earned Izll Y.czimum Aoollc=19 Poinn a. Transit Route X 2 0 2 .— b. South College Corridor X X 2 0 4 8 8 c. Part of Center X X 2 0 3 6 d. Two Acres or More X X 2 0 3 d 6 ed-Use X X 2' 0 3 (0 6 t Parking 1 � 0 3 p rgy Conservation rh.Conflguity X 112131410 2 U 8 X X: 2 0 5 1 p 10 oric Preservation 1 2 0 2 . 1 2 0 k. 1 2 0 i• 1 1 2 1 0 Totals V A Percentage Earned of Maximum Applicable Points V/VI = Vil % �GI�o V1 ACTIVITY ° Res 'dent is I Uses DEFINITION: All residential uses. Uses would include single family attached dwellings, townhomes, duplexes, mobile homes, and multiple family dwellings; group homes; boarding and rooming houses; fraternity and sorority houses; nursing homes; public and private schools; public and -non-profit quasi -public rec- reational uses -as a -principal use;-ases providing meeting places and places for public assembly with incidental office space; and child care centers. CRITERIA Each of the following applicable criteria must be answered "yes" and implemented within the develop- ment plan. Yes No 1. On a gross acreage basis, is the average residential density in the project at least three (3) dwelling units per acre (calculated for residential portion of the site only)? ❑ 2. DOES THE PROJECT EARN THE MINIMUM PERCENTAGE POINTS AS CALCULATED ON THE FOLLOWING "DENSITY CHART" FOR THE PROPOSED DENSITY OF THE RESI- DENTIAL PROJECT? THE REQUIRED EARNED CREDIT FOR A RESIDENTIAL PROJECT ❑ SHALL BE BASED ON THE FOLLOWING: 30-40 PERCENTAGE POINTS = 3-4 DWELLING UNITS/ACRE; 40-50 PERCENTAGE POINTS = 4-5 DWELLING UNITS/ACRE; 50-60 PERCENTAGE POINTS = 5-6 DWELLING UNITS/ACRE; 60-70 PERCENTAGE POINTS = 6-7 DWELLING UNITS/ACRE; 70-80 PERCENTAGE POINTS = 7-8 DWELLING UNITS/ACRE; 80-90 PERCENTAGE POINTS = 8-9 DWELLING UNITS/ACRE; 90-100 PERCENTAGE POINTS = 9-10 DWELLING UNITS/ACRE; 100 OR MORE PERCENTAGE POINTS = 10 OR MORE DWELLING UNITS/ACRE. -29- )ENSITY CHART McXIMUm Ecrnec Criterion Credit If All Dwelling Units Are Within: Credit 4 2000 2000 feel of an ese not OCdrwed nelgnoornooasnaooing Center b 10% eWfeet orane."ngTranvtvoo. I �% C 10% e300 feet Cron ecnnq or CGDrOweO regional snoDDlnq center. d 2000 _SOOfeef cf on enfnngot reservea nefgnaorn000 core communfrvoom of commumrvfcomtr. We 1010 1000 feef Of a&.+.aal.meenrlq all" redUllemenn Of me Comm n.NeauCCnon sawn of me State of Colorado. V / Qof f _ 2010 COO } feel of O msagm l emotoyentcenfef. y� O �C M W 9 5% 1o0ofeet old cnm cotecentef. N/J h 2000 T1Ofm-Fad C011fnt I 20% The Cenrtdl B.atrsrs DismCt. - , J AIXOIeat wlna&e ppnlaaryn Gann�610 B&OMgUfOanaew9roORMM.ClBOn nlpy ceeamea p3101bwS 0%—FIX tooecriw C&e DICDerW DOlrnaary nCs 0 to 10%ConnguM. 10 to 15%—;v bV icon wn°Se °roof oounCory nas 10 to 2M connguny, 30% -.5 to 20%—For paecn wnase aooerry Coundory nos 20 to30%connquM,' 2^. to 25%—For ar tocn wr, se oroaeM oOunCary nos 30 to 40%ConngulM. 25 to 30%—Fa dolectswnas orox counaary rlcs 4 to 50% connqutry. It 0 con ce aemons+fere° not me aOfeci will reouce ron•tenewetil9 energy ufeage efiner mrougn me Ooolfcanon of onemdlve energy k syslems or mrougn committed energy corlservonon rlleasures beyond mor nom+aly Ieawea ov C+ry Cone. a 5% bonus may de earned for every5 % reaucnIXl in energy sae. I Ccici a l% bonus for ewew 50 ocre11naluaeam me IXotecl. m COICurote me Dercen+oge of me f= acres In me IXcecr mat are eewaled to recreanami use. enter la of lrsat detcenloge an a oon IT me ODDIfCCnt com nIll to oreserwn Dermonem Orlsle Coen score Tat meen me C! W s mnfmunl teollnentBml calculate me bercenfoge n of ma oeen soace acreage to me form oevefooment oeedge. enter me cercenlloge m a Con" don of me rotor aevefodment fouccef a to oe soen+ on negnoorncoa coat Trani locumes wnlpl ore nor omefwse rebutted by City Code. O Iit enter 2 % CONK lot every 5100 de•d-elnlg unit lnweved if Don of me totalaeyegOmMf CUO(XI n to be scent on neignoornooC loaunes and services whicn ore nor ctnet se reaulrea IN City Coce. p entera1% Dons IV ewe" 5100 der eeltfng unit In ea nocommmnen+n belrsg rnaaeroce+etooasoecmeo aefcentoge of metorol nsrmcerot awemngsrnni narrow mcomesamnles.en+ermot . Q oercen+ogem a bonus uo+o C vtaatxrm of 30%. f nacommmnentn ogling made to Oeweloo To soe ifiec aercenroge at me total number of awe lrlg unn tw Type- A- and Type W honafc'aooed-- - Z hasumq as dill cry me C:1v or for. Conan calculate me bonus as Ialowc units ivfx -A'— 57dt+as 10 un" O r M Tvae B'-1.0flrres Tvoe B'unm L1J Io.°I urvn In n° Case &Waif me damarled Dona oe greater mon 30+ n me site IX OoaCLnt IXOCery Con+am an rtntOnC toxic ng or Dloce. a nonus mW ce earned for me Iatlowing 3% —For Dfevennrsg Ormmgdnrsq pl:Lae influences (e.g.e Nfonmentdt rona use, cesmeriC economic ana=01 factors) oQyerse min 5 DreservCeOr+; 7% —For aswnr+c, mar new snuc-m vnilce mveeolrlg wrtn mecnD.ocreror matarllomq or oloce. wnnearolanq fmol unm 3% —For or000vrso oacdtve lDe er the 6uuamq orpoce mmwuueod tom connnlronce. ofeservatlon endtmorovemennnon ccotocttatahtonner. It C DIXftOn Or atl Or the rppyaea OC.o+q m me mumDlB farnlN CtOleat u IXO'yroBO Unaergraufla wnmin me DsalCrtsq a rn On elBvatBa Downq &:torture ds do dcessory use to fife mrt+ary smuclura. a Dona may ce cornea es rollows t 9% —For Drpwroulq ]5%umaed m. o°wngmCsmrcrure: oX —FIX IXayICalq S,7-7E%Ol rtse Oa'tungmb&fnlatlae: 3X —For ofpanq 25-eo%ot me ocmngfn°stfucNe. U O a COmminnent is Ceng rmce to vomoe cdotoveO cu.. atsc file emnquanmq mlems for me dwelling unin. enter C Dons of 10%. TOTAL ��� Ln C) 0 0 O 0 a O J O v o� Z 5 W O J W 0 Z W a Z a Z a m M W x C2 J W 0 Q] W S I-- F— Q ww� MEMORANDUM To: Rick Dvorak, TST o Bill Brice a Fort Collins Staff 10 M From: Matt De 1 ich �✓l/�` Date: March'30, 1992 Subject: Brice PUD traffic study (File: 9219MEM1) The Brice PUD is a dentist office located on the northeast corner of the McHugh/Elizabeth intersection in Fort Collins. The current use is that of a dentist. It is proposed that a second dentist be added to this building. Since this is a single family residence converted to a dentist office, the City .of Fort Collins has requested a PUD review of this use with this proposal. Trip generation information was requested by the City. It was investigated using scheduling data from the existing use and Trip Generation, 4th Edition, ITE, 1987. The scheduling data yielded the highest rate and was, therefore, used. Table 1 shows the trip generation which occurs on the two highest days of the week when the full complement of employees is at the office. Other days of the week would be lower. There are three operatory stations at this building with no plans to increase this. Therefore, the patient load could not be higher than the present highest load with one dentist and two hygienists. The additional dentist would z allow this highest daily load to be extended to the other three days of the week. It would also allow for potential zevening and Saturday appointment hours. On a given day, the cD trip generation would not be different than that which w currently exists. _J 7 U • Table 1 z 0 a Trip Generation c- ¢ CL Daily AM PM aW Use Trips In Out In Out ¢ — — • Dentist Office 65 7 3 3 7 U LL At the present time, parking occurs in the driveway, the garage, and on the street adjacent to this office. The garage is used by some of the employees. The remainder of the employees park on the street to the south of this office. There are six spaces marked in the driveway that are used by patients. It is recommended that the parking layout in the driveway be changed as indicated in Figure 1. It is recommended that the six spaces on the west side of the driveway be striped to have five spaces. This will allow 9 foot wide stalls. The one space adjacent to the sidewalk .can be striped "no parking," which improves sight lines to the west and will have less impact on the sidewalk. Since the garage is used by employees, the spaces in front of the garage can be striped as patient parking. This parking scheme will increase the number of designated patient parking spaces from 6 to 7. Comparing the trip generation and the recommended parking scheme, there appears to be adequate on -site parking. I made a site visit to check sight lines and observe conditions. During the period of my site visit, there were no patient vehicles in the driveway. There were vehicles parked on McHugh to the south of the office. There is three-way stop sign control at this intersection. The existing dentist office driveway comes off McHugh opposite Elizabeth Street. Traffic volumes in the area are light. Even with increases forecasted in the area, traffic will be light.from an operations perspective.. Operation will be acceptable (level of service A) using the forecasted traffic with the three-way stop control. Fort Collins street standards indicate that the corner sight distance on local streets should be 300 feet. This cannot be physically achieved. However, the two recommendations below, along with the elimination of the driveway parking space closest to the street, will maximize the available sight distance.: - There is a short segment of curb between the Brice driveway and the driveway of the property to the north. This should be designated "no parking." - The curb area on the east leg of McHugh approaching the stop sign should be designated "no parking." Due to the horizontal curve, this no parking area should extend approximately 30 feet from the stop sign. These recommendations are shown graphically in Figure 1. Given the three-way stop condition, adherence to the 300 foot sight distance standard is not critical. During my site visit, it was noted that the driveway ramp is approximately 35 feet wide. For the amount of traffic using this driveway and in consideration of its location with respect to the intersection, it is recommended that the ramp area be narrowed to about 20 feet. This will direct ingressing and egressing vehicles to a smaller area which will better control vehicle operation at the driveway. SITE PARKING AND ACCESS RECOMMENDATIONS m No Scale Figure 1 0 Mr. Glen Schlueter City of Fort Collins Storm Water Utility 235 Mathews Fort Collins, CO 80524 RE: Brice P.U.D. Drainage Report Dear Glen: March 30, 1992 This letter is to accompany the Brice P.U.D. submittal and is presented to you in lieu of a Drainage Report. Per our telephone conversation on March 25, 1992, we are verifying that the Brice P.U.D. is not changing nor proposing to change the existing storm drainage pattern. This P.U.D. will not increase the amount of impervious surface as it now exists. If we can answer any questions you may have, please feel free to contact me. Respectfully, TST, INC., CONSULTING ENGINEERS Stephen F. Human, P.E. Richard A. Dvorak RAD/le ����" p0 qE \' P `�� OQ:c-'a F - TST, INC. 746 Whalers Way • Building D Consulting Engineers Fon Collins, CO 80525 (303) Z26-0557 Metro Denver (303) 595-9103 FAX (303) 226.0204 102 Inverness Terrace East Englewood, CO 60112 (303) 792-0557 FAX (3M) 792.9489 Brice PUD - Preliminary & Final, #19-92 May 18, 1992 P & Z Meeting Page 2 COMMENTS: I. Background: The surrounding zoning and land uses are as follows: N: BL, C, IG, IL; existing medical offices and commercial (vacated Collins Cashway). S: RH, RM; existing nursing home and multi -family residential (Four Seasons Health Care Center, Briarwood Apartments). E: BL, RM; existing medical offices and residential duplexes. W: BL, RH; existing medical offices. The property was annexed into the City with Council approval of the Highlander Heights Fourth Annexation in March, 1960. The property was subdivided as part of the Highlander Heights Fifth Subdivision, with City Council approval in December, 1960. This property was approved for a home occupation use in 1976, with a variance being granted to allow four full-time employees in addition to the dentist. At that time the dentist lived in the residential half of the structure. The property owner and operator of the dental office moved his residence away from this property several years ago and now rents the residential side of the duplex to others. The office use on this property is now illegal and requires a P.U.D. approval to be allowed to continue to exist. 2. Land Use: This existing residential duplex structure currently occupies a single family residence in the east 1/2 and a dental office consisting of one dentist and four full time support staff in the west 1/2. This approval will not change the current allowable number of one dentist and four employees in this office use. The current residential status will remain the same. Any change to the nature of the business or increased intensity on this site will require an amendment to the P.U.D., with the final decision given by the Planning and Zoning Board. This request is being evaluated against the Business Service Uses Point Chart in the Land Development Guidance System. It is being awarded 24 of 44 maximum applicable points, equalling 55%, on the chart with the criteria awarded points being: 1) the project is located outside of the "South College Avenue Corridor", 2) the project contains two or more significant uses (dental office and residence) and 3) the project is located with at least 1/6th of its boundary contiguous to existing urban development. 3. Design: The site, having been built originally as a two family unit, is very residential in appearance. The structure is one story with wood siding and a wood shake shingle roof. Brice PUD - Preliminary & Final, #19-92 May 18, 1992 P & Z Meeting Page 3 The landscaping consists of large, mature maple and cottonwood trees in the front yard (south side), three pine trees in the side yard west of the building, and turf grass lawns on the south and southwest sides of the site. There are evergreen shrubs as foundation plantings on the south and west sides of the building and a carpet of spreading juniper on a portion of the gravel bed in the extreme northwest corner of the site. River cobble (rock) beds, 6' in width, are on the back side of the sidewalk on the west/southwest side of the site and adjacent to the parking area. Additional plantings are being provided in these areas to help mitigate the visual effects of the on -site parking. The rear yards are entirely fenced in, with either wood or chain link, and are not visible to McHugh Street or the property (medical offices) to the north. The residential back yard is separated from the residence to the east by a 4' high chain link fence. The existing on -site parking for the dental office consists of an asphalt/concrete area, approximately 45' x 70', totalling 3,200 square feet in the northwest portion of the site. There are 7 striped parking spaces outside and 2 parking spaces for employees in the existing detached garage north of the dental office. The residential unit has its own driveway, with room for one vehicle, and an attached garage inside the building. Staff believes that the existing parking is adequate for this use. There is one existing wood sign mounted on the face of a raised brick planter in the side yard to the west of the building. No additional signs are being requested. 4. Neighborhood Compatibility: A neighborhood meeting was held for this item on March 24, 1992, at the Vineyard Christian Fellowship on Riverside Avenue. The applicants, applicants' consultant, and the City's Project Planner were the only people in attendance. No concerns about this request have been received during the review period. This existing/ongoing dental office use is considered to be compatible with the neighborhood. The residential portion of the site is adjacent to other mixed residential uses and the dental office is an appropriate transition to adjacent medical offices. 5. Transportation: This dental office is a low intensity use that does not generate an amount of traffic considered to increase the impacts on the overall transportation system in the area. Brice PUD - Preliminary & Final, #19-92 May 18, 1992 P & Z Meeting Page 4 RECOMMENDATION: This request meets the requirements of the Business Service satisfies the applicable All Development Criteria of t Guidance System. This existing/ongoing dental office use compatible with the neighborhood. The residential portion of to other mixed residential uses and the dental office transition to adjacent medical offices. Therefore, staff re the Brice P.U.D. - Preliminary & Final, #19-92. Uses Point Chart and ie Land Development is considered to be the site is adjacent is an appropriate :ommends approval of • • A D MULBERRY — vwwc 4.w, au.lue��r vn2a bp ig e 161R,.7� i 7 J I'� .a z n RH !! AY i«4 HOSPITAL SITE a v I. a' 24 It — e -*•-• O U T Awit Of&♦A ITEM: BRICE PUD-Preliminary & Final NUMBER: l 9-92 N I � / �• { NOrE. Eristing Poring Gat To Be Rostripea' T. Hove 1 g 5 Sp On Bye South Site. fie Eyislin9 Space New! nI 1 ro the SiOawa/k WW Be tandecopeet /W'ver Rock, ep... r•,/oar• Y E"sti" Gornge MY/ Continue rD Be used As Empl e Ponrin9. Be The z Spec. 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CM of ton CeMlm. CwMy of I�Nm.B»»w Gmm4. Mwli cemUnMe rM Wa.r YM o/ »IE ]aulM1xv.l Y 4 Mp NYl1 Ytl rrO.B Yvbp wlmce0 MMn MeW. tMMo.4 can4YxE wMh IM Ba.MrrY Me41 MBI'.». eobl wrM fir. NwIM1 BB'15tl0' Fal. 1 W.n I.y.i. em WaY M arry ar »m Yc11m 1B. um yin Vrq. baum w•oxx 8»4 ]xzn swr.1MM. alwe uumo or. n.m row mm wm re rM XBM1r a 6111Yga Of aN Mr: iM bM vMb a MIIN Nen Norrlr n'RBV)• WT. B.Bp I»r:Y»m.NMplx`43a• W W. ]x.]Oleq: rMri».4rq rN xool 1] ne»m xom beans- wm. xan /»r. rM1o.» xorm :s•nvr w.n. 4w: rM.»wM rM.m m. xti,ee r»r,wmr..,.. m rM row. comma or n.a r»c rN lode ohms or mMn b..,. rb�rn m•lBW w»r. eeaB r.n: ti MrM es•lsnB� uw. n ex r.w ran • wpm .r M1.a••na. roomy a R CuD srATh].ffNl' DIv1ANNMG. . . FJu[ew Some. TIti. V.V.D �e.nnpny.n e.MnR ue nro v'Wwmn¢ wp Ne CiIY of TM we ,.nuw a us :::. f 1 ...,..rcJ rtMaub 6�ple.. m. In.9W [r lol. rlrt w,n m. ahoB..,u.mm„ awl X..a .,. ¢mBw�tl.ewM w w. con., MB.ru mr I Mli NM 1 M1em uM 1 b yreuJe, Tk .ee+ ryr W r AppPE55 PG4NN/NG ANO ZON/NC BOARD SA57NMrRE AmiM or the Z ze w mwd IN 1M Drb of Fw caxM w rm ay er s[cR£W Lr a(ANN/Nc AND Ta%vc B m.M 7M N)N(EMS WX 0= -D' i - IX1 e65T5 J6]-Im-OS-= e) BR/CE P. (LO PR5LLYLYARY/ EIN.4L SITU d• LANBSC9PE PLr4,V atE � pAEpYNAxron' IBWCH Jp, 1991 BRICE P.U.D. STATEMENT OF PLANNING OBJECTIVES PRELIMINARY/FINAL P.U.D. FILING: MARCH 30, 1992 The Brice P.U.D. is an existing business development located at the east end of East Elizabeth Street. This P.U.D. is bringing an existing use into conformance with the City of Fort Collins Land Development Guidance System. The site consists of one 2224 S.F. converted residence, on a 16,950 S.F. lot. It is located immediately south of the Riverside subdivision and east of the Viking I subdivision. Both of these subdivisions are zoned Limited Business. The Brice P.U.D. site is part of the Highlander Fifth subdivision. The adjoining lots to the east along McHugh Street are all duplex units and are for the most part rental units. The present and proposed use for the Brice P.U.D. is the continuation of a dental practice on the west side unit and residential use on the east side unit. At present, there are three operatory stations at this building with no plans to increase this configuration. There are four employees plus Dr. Brice that work on a full time basis. The number of employees is not intended to change under the new P.U.D. Dr. Brice has been in this location since 1976 and until recently lived in the east half of the duplex and had his practice in the west half. At that time, he had a variance to the zoning code as a "home occupied" occupation. The east unit is now leased to a tenant and therefore the zoning code variance as a "home occupied" occupation is no longer applicable. With this P.U.D. we are bringing the existing use into conformance with the City of Fort Collins Land Development Guidance System. Dr. Brice feels that he has complied with all city requests and ordinances in the past and wishes to continue. However, since this site is not a vacant piece of property, but one which has been developed and made to blend in with the existing environment, there are certain criteria that cannot be met and we are asking for a variance; one being the Business Service Use Point Check. Our percentage earned is only a maximum of 48 % instead of the required 50%. Dr. Brice feels that in the existing location this business use fits very well. From the east, there are existing residential duplexes and to the north and east are. 11h story and 2 story medical offices. Dr. Brice's duplex gives a transition from one use to the other. r -12- V r- < c 4- P' V n s ACTIVITY Business Service Uses DEFINITION Those activities which are predominantly retail, office, and service uses which would not qualify as or be a part of a neighborhood or community/regional shopping center. Uses include: retail shops; offices; personal service shops; financial institutions; hotels/ motels; medical clinics; health clubs; membership clubs; standard and fast-food restaurants; hospitals; mortuaries; indoor theatres; retail laundry and dry .cleaning outlets; limited indoor recreation uses; small animal veterinary clinics; printing and newspaper offices; neighborhood convenience center; and, other uses which are of the same general character. CRITERIA ` Each of the following applicable criteria must be answered "yes" and implemented within the development ,plan. Yes No NA 1. Does the project gain its primary vehicular access p,`❑ from a street other than South College Avenue? (� 2. DOES THE PROJECT EARN AT LEAST 50% OF THE MAXIMUM POINTS AS CALCULATED ON "POINT CHART E" FOR THE. © ❑ FOLLOWING CRITERIA: a. Is the activity contiguous to an existing transit route (not applicable for uses of less than 25,000 sq. ft. GLA or with less than 25 employees) or located in the Central Business District? b. Is the project located outside of the "South College Avenue Corridor"? c. Is the project contiguous to and functionally a part of a neighborhood or community/regional shopping center, an office or industrial park, located in the Central Business Dis- trict or in the. case of a single user, employ or will employ a total of more than 100 full-time employees during a single 8-hour shift? d. Is the project on at least two acres of land or located in the Central Business District? -22-