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Section 911.04(2)(b) Unlisted Uses, sets for the precise procedure and criteria for determining whether there is a similar use allowed for a requested use that is not listed. If a similar use can not be determined, than the proposed use is not allowed, unless the regulations are changed. If you go through the "criteria for reviewing uses not listed" in Section 911.04(2)(b)2, you will come to the same conclusion that grocery stores and Super Markets are not synonymous terms. The key elements in the review process are: traffic generation (delivery trucks and vehicles) parking requirements compatibility to surrounding land uses noise lighting visual impacts hours of operation intensity of use The magnitude of the adverse impacts of these factors increases at a much faster rate for a Super Market than for a grocery store. There is certainly a distinction between a grocery store and a Super Market. In the CL district this distinction is critical. The CL district has attempted to limit the impacts of commercial development on "near by residential areas" (Section 911.10(2)(e)) by quantifying the maximum size of Department Stores to 40,000 square feet (Section 971.42(2)). For a "grocery store" to have no more impact than a 40,000 square feet Department Store it would have to be about one-half the size, based on traffic generation. I have reviewed the County file for the Sea Mist Shoppes and discussed this with John McCoy. Apparently an official written determination of similar use has not been prepared. It is requested that you make this determination in accordance with the provision of Section 911.02(2)(b), since there is no definition for a "grocery store" and a "Super Market" is not listed in Section 911.10(4). The County may want to examine the appropriateness of proceeding with a site plan review, when a major proposed use (Super Market) is not clearly permitted (listed) in the CL district, until an official determination has been made in accordance with and subjected to the review procedures in the Land Development Regulations. Very truly yours, Warren W. Dill cch 14 July 12, 1994 BOOK 92 PAGE F�I 8®