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1. Each business facing Garden Way must provide an individual customer door facing the street; 2. The buildings along Garden way must have at least two functional floors; and 3. Drive-though facilities are not permitted. The range of permitted uses is similar to the City's General Commercial (C-2) Zone, except that some automobile dependent businesses are not allowed, much like the/ND Nodal Overlay zone and Broadway's "great street" standards. Otherwise, there was quite a bit of flexibility allowed in the new zone. To encourage nodal investment, no site review or conditional use permit is required if development adheres to the basic use and design standards contained in the new S-CN zone. Claiming that the three special standards listed above were not economically feasible at this location, Gramor stopped pursuing the site after several months of analysis. The property owner, Simpson Housing, claimed after one year that it could not sell the commercial property with the first two standards listed above, but would not submit its concerns in writing to the council. Simpson Housing has sold its property to two entities, Public Private Partnerships (P3), a housing provider, and W&G Properties, who propose to build a medical/orthopedic surgery center on the commercially zoned portion of the property. Public Private Partnerships (housing) has applied for a building permit for an apartment complex on its residentially zoned property. W&G has not yet submitted a building application, but there was a 'limited consultation' on November 30, 2004. The company expressed a desire to build 150,000 square feet of medical offices, probably built as two buildings in two phases. The medical use is currently permitted subject to design standards. Professional offices (including medical) were not limited in the Chase Gardens commercial area to encourage use of upper floors above retail. There is also commercial land located east of Garden Way where professional offices would not interfere with the desired retail center, so no size restrictions were contemplated on office uses. At the consultation, staff encouraged the prospective developers to bring retail and other professional services to the site, including a grocery, to better satisfy the neighborhood needs and to create a 'special place' along Garden Way. The applicants expressed interest in providing additional services that would be good for their building occupants, customers, and the broader neighborhood, and noted that the addition of retail to their plan may require adjustments from other criteria, such as height limits. Staff was positive in trying to offer win-win situations. W&G have since reported to staff that it has pursued retail businesses, including grocers, without satisfactory result. A letter from W&G is attached. In separate letters, Harlow Neighbors request that a moratorium be considered, that a zone district amendment be initiated by the City to remove the three standards that were problematic for the retail developer, and they offer several other alternatives that may facilitate retail development. The letters are attached. Even if the zoning standards are changed, or a moratorium initiated, there is a high probability that the medical offices would not be stopped unless the property owner agreed. Their development rights under current zoning can be easily vested, and Measure 37 may provide obstacles to new use restrictions. L:\CMO\2005 Council Agendas\M050411\S05041 lC.doc