®3of4® <br />commercial uses, all of which would be appropriate for River Avenue considering the nature and <br />location of the street: <br />(P) Motor Vehicle Sales/Renta]/Service, excluding recreational vehicles and heavy trucks <br />(P) Motorcycle Sales/Rental/Service <br />(P) Boat and Watercraft Sales/Service <br />(P) Storage Facility, Household/ Consumer Goods, enclosed <br />(C) Recreational Vehicles and Heavy Truck, Sales/ Rental/ Service <br />(C) Agricultural Machinery Rental/Sales/Service <br />(C) Equipment, Heavy, Rental/Sales/Service — includes truck and tractor sales <br />B. Tenants with Mixed -Commercial Use: A use determination is one of the most <br />discretionary decisions a city can make. It is very fact -dependent and involves the weighing of <br />many factors. Any business that consists of a mixed -commercial use, as is the case of the existing <br />tenant at 121 River Avenue, will be hesitant to lease or purchase the property due to uncertainty <br />of a use determination. In addition to the above stated uncertainty, banks and other loan programs <br />generally provide loans only to uses permitted and conforming to local regulations. <br />C. Building Limitations Related to New Buildings and ANY New Building Addition: In <br />addition to concerns about limiting the potential commercial uses, my client is likewise very <br />concerned about the building limitations for constructing "new buildings and ANY building <br />addition" on a property that may replace a long-term tenant. Amendments to the C-2 Zone <br />standards will create a large number of non -conforming structures including the existing building <br />at 121 River Avenue. Examples of proposed amendments that apply to any new building addition <br />include: <br />1) increase percent of street facing building fagade required to be in the maximum front <br />yard setback from 25% to 80%; and, <br />2) increase restrictions on blank walls from a maximum of 100 linear feet for large <br />commercial buildings to a maximum of 20 linear feet for all new buildings. Currently, <br />EC 9.2173 provides standards for exterior walls and windows that only apply to new <br />commercial buildings with 25,000 square feet or more of floor area. This is of extreme <br />concern to my client as requiring windows every 20 feet increases security concerns. <br />IV. Unclear How Amendments Address "Auto -Related" Concerns <br />It has been noted that specific concerns identified through community feedback and certain high <br />priority actions in the Action Plan regarding "auto -related" uses was the impetus for removal of <br />these commercial uses. However, it is entirely unclear how these "auto -related" concerns are <br />addressed if, for instance, Action Rent -All & Events, a unique commercial and local business that <br />does not sell auto -related products but that does service the local community, is replaced with a <br />Andree Phelps • Attorney at Law <br />Andree Phelps Law, LLC <br />541.221.1431 <br />andree@andreephelpslaw.com <br />