HomeMy WebLinkAbout2001-06-25 - Agendas - Final AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday,June 25,2001 at
530 p.m. in the City Administration Building, 113 West Mountain Street,Room 219,
Fayetteville, Arkansas.
The following items will be considered:
Approval of minutes from the June 11,2001 meeting.
New Business:
1. LSP 01-20.00: Lot Split(Hannan,pp 529) was submitted by Patrick Hannan for
property located at 3 82 Jarnagan Street. The property is in the Planning Growth Area and
contains approximately I I 1/2acres. The request is to split the property into two tracts of
9 Y2acres and 2 acres with a waiver of the Master Street right of way dedication
requirements.
2. RZN 01-9.00: Rezoning(Millennium Place Lot 11,pp 177)was submitted by Kirk
Elsass on behalf of Millennium Place for property located at Lot 11 of Millennium Place.
The property is zoned C-1,Neighborhood Commercial and contains approximately 0.54
acres. The request is to rezone to C-2, Thoroughfare Commercial.
3. CUP 01-16 Conditional Use (Roll Off Service,pp 599)was submitted by Tom Smith
on behalf of Roll Off Service for property located at 1348 Cato Springs Road. The
property is zoned 1-1, Heavy Commercial/Light Industrial and contains approximately
2.91 acres. The request is for a center for collecting recyclable materials (use unit 28) in
the 1-1 district.
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and
other pertinent data are open and available for inspection in the Office of City Planning(575-8264),City
Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to
review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice
is required. For farther information or to request an interpreter,please call Don Bunn at 575-8330.
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item- Chairman
B. Presentation of request-Applicant
C. Public Comment
D. Response by Applicant/Questions& Answer with Commission
E. Action of Planning Commission(Discussion and vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item,raise your hand when the
Chairman asks for public comment. He will do this after he has given Planning Commission
members the opportunity to speak and before a final vote is taken. Public comment will only be
permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give your
name and address. Address your comments to the Chairman, who is the presiding officer. He
will direct them to the appropriate appointed official, staff member or others for response. Please
keep your comments brief, to the point, and relevant to the agenda item being considered so that
everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the
Planning Commission.
2001 Planning Commissioners:
Bob Estes - Chairman
Lorel Hoffman-Vice Chairman
Lee Ward - Secretary
Nancy Allen
Don Bunch
Sharon Hoover
Don Marr
Loren Shackelford
Alice Bishop
Addendum to Planning Commission Agenda Packet
for June 25,2001
Add page 1.7
Add page 2.9
Remove 3.1- 3.7 replace with pages 3.1 a- 3.7a
Information Package LS 00-17 (14 pages)
§156.03 DEVELOPMENT. Certain variances of the development regulations may be applied
for as follows:
A Consideration by the City Planner
1. Subdivisions creating only one new lot(lot splits).
a. Interference with Future Subdivision.
(3). Dedication of Rigbt-of-Way. The City Planner shall not
waive the preliminary and final plat requirements of this chapter for a proposed subdivision until
the subdivider dedicates sufficient right-of-way to bring those streets which the Master Street
Plan shows to abut or intersect the proposed subdivision into conformance with the right-of-way
requirements of the Master Street Plan for said streets; provided, the Planning Commission MU
ypprove a lessor dedication in the event of undue hardship or practical difficulties Such
lessor dedication shall be subject to approval by the City Council.
Planning Commission
June 25, 2001
LSP 01-20 Hannan
Page 1.7
BILL OF ASSURANCE
THIS BILL OF ASSURANCE is made by Millennium,LLC,an Arkansas Limited Liability Company(the"Owner")
in favor of the City of Fayetteville, Washington County, Arkansas.
W-I-T-N-E-S-S-E-T-H
WHEREAS, the Owner is the owner of certain real property in Washington County, Arkansas, to wit (the
"Property"):
Lots Eleven(11)of the Millennium Place Commercial Subdivision in Fayetteville,Arkansas as per the Final
Plat thereof recorded on July 26, 2000 at Book Number 16 Page 100 with the Circuit Clerk of Washington
County, Arkansas.
WHEREAS, the Owner has secured approval of the Fayetteville City Board of Directors to amend the zoning map
of the City of Fayetteville, Arkansas and to re-zone the Property from a classification of C1 to a classification of C2;
WHEREAS, the Owner agreed to subject the Property to the covenant and restriction set forth in this Bill of
Assurance;
WHEREAS,the Owner desires to make this Bill of Assurance with the intention of assuring the preservation of certain
values and amenities in the City of Fayetteville and to bind the Owner and its successors and assigns and the Property and its
subsequent owners with the covenant and restriction set forth in this Bill of Assurance; and
NOW THEREFORE,the Owner declares that the Property shall be held,developed,transferred,sold,conveyed and
occupied subject to the covenant and restriction set forth in this Bill of Assurance:
RESTRICTION and COVENANT
The use of the Property shall be limited to the use As a liquor, beer, and wine store as long as the Property shall be
classified as C2 zoning.
EXECUTED AND DELIVERED on June—, 2001.
OWNER
MILLENNIUM, LLC
By:
Kirk E. Elsass, Manager
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED,that on this day came before the undersigned,a Notary Public duly commissioned and acting,
Kirk E. Elsass, to me well known or satisfactorily proven, as a Manager of Millennium, LLC, a limited liability company,
who stated that he was authorized to execute and deliver this Bill of Assurance on behalf of such limited liability company,
and further stated that he had executed and delivered this Bill of Assurance, on behalf of such limited liability company for
the consideration and purposes set forth herein.
WITNESS my signature and seal as a Notary Public on June—, 2001.
My Commission Expires:
Notary Public
Planning Commission
Mfl1e==\rwg-B0A1 June 25, 2001
RZN01-9 Millennium Pl. LotH
Page 2.9
FAYETTEVILLE
TEE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DMSION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Senior Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: June 25, 2001
CUP 01-16 Conditional Use(Roll Off Service, pp 599)was submitted by Tom Smith on behalf
of Roll Off Service for property located at 1348 Cato Springs Road. The property is zoned I-1,
Heavy Commercial/Light Industrial and contains approximately 2.91 acres. The request is for a
center for collecting recyclable materials (use unit 28) in 1-1 district.
RECOMMENDED MOTION:
Staff recommends approval of the conditional use subject to the following conditions:
1. All areas of the site on which are used for vehicular movements,including parking
or storage of vehicles or containers of any type, shall be paved with concrete or hot
mix asphalt.
- The applicant hasproposed topave the entrance drive in cooperation with Mid-
Continent Concrete (see site plan provided by applicant) and to use already
paved areas of the sitefor vehicles. The north end of the site, which is currently
gravel, isproposed to be usedfor container storage.
2. Conditional use approval shall be for Roll Off Service only and shall not transfer to
a new business.
3. Conditional use approval shall apply only to the proposed level of activity. Any
increase in the volume of materials transported to and from this facility, as related
to the baling operation for recyclable materials, shall require Planning Commission
consideration and a new conditional use approval.
4. The applicant shall secure all required permits for construction, repairs, signage etc.
prior to initiation of those activities.
5. All sorting and baling of materials shall be conducted indoors. Storage shall be
H.-I USERSICOA�gfOA�DAWN7L�?EPORTSIPC16-25-01 Iroll-off.wpd
Planning Commission
June 25, 2001
CUPOI-16 Roll QlfServiees
page 3.]a
located indoors or in tarped containers on-site. No materials shall be stored in
stockpiles open containers.
6. The baler shall be located in the easternmost building on the site, as far as possible
from residential areas west and south of the property.
7. Any outdoor lighting (security or otherwise) shall be shielded and directed
downward and away from any adjacent residential properties.
8. All milling equipment left on site from the previous occupant which will not be
utilized by Roll Off Service, Inc. shall be removed in a timely manner. Materials
and equipment which have already been dismantled or are on the ground shall be
removed within 30 days. Equipment which must be dismantled and broken down
shall be removed within 12 months.
9. Any expansion of this center for collecting recyclable materials shall require a new
conditional use approval.
10. The baling operation, and the loading of rail cars and truck traffic to and from this
site relating to the baling activities shall occur only during regular business hours as
proposed by the applicant(7:00 a.m. - 5:00 p.m., Monday through Friday).
- The applicantproposes to limit only operations and truck traffic related to the
recycling(baling ofpackaging materials) operation. Additional traffic may be
generated in conjunction with other uses conducted on this site.
11. This facility shall not generate generally offensive or noxious odors or create an
unreasonable hazard to the public.
12. No more than 14 gondolas (rail cars) per month carrying cast iron borings
generated by Webb Wheel, Inc. of Siloam Springs,AR shall be shipped from this
site.
PLANNING COMMISSION ACTION: Required YES
0 Approved 0 Denied
Date: June 25, 2001
Comments:
H.,�USERMCOA"OND,4WN=OR7S�PC16-25-01 Iroll-off.wpd
Planning Commission
June 25, 2001
CUPOI-16 Roll OffServices
Page 3.2a
The"CONDITIONS OF APPROVAL"listed in this report are accepted in total without exception by the
entity requesting approval of this conditional use.
Name: Date:
BACKGROUND:
The applicant is requesting conditional use approval for a center for collecting recyclable
materials (use unit 28) in the 1-1 zoning district. A cardboard baling operation is proposed. The
project site is the location of the former Bakery Feeds, Inc. feed mill at 1348 Cato Springs Road.
The applicant recently approached the City about using this property for the proposed sorting and
baling operation. After discussing the facility and proposed use of the property, staff
recommended that they pursue a conditional use permit to allow the use of the site as a center for
collecting recyclable materials with specific reference to the proposed baling operation.
Included in this report are descriptions of the 1-1 zoning district and applicable use units allowed
within the district. Manufacturing and wholesale activities such as the concrete plant located
immediately east of the subject property are permitted by right within the district. Alloftheuses
proposed by this applicant with the exception of the cardboard baling operation for recyclable
materials are permitted by right in the 1-1 zoning district.
Planning staff visited on site with representatives of the company and the neighborhood
association Friday, June 15, 2001. Neighbors are very concerned that they will be adversely
affected by any business seeking to locate in this specific location. The previous tenant, Bakery
Feeds, Inc. was sued and determined to be a nuisance. A settlement of that lawsuit resulted in
that company leaving Fayetteville and the City paying $150,000.00. The current owner and
applicant for this request has been made aware of the issues surrounding the departure of the
previous occupant and has expressed a desire to be a good neighbor and not to repeat mistakes
made in the past on this property.
The applicant has been in contact with Mid Continent Concrete Co. and together they have
agreed to pave the shared entry drive that provides access to both businesses (see site plan
provided by the applicant). This action should significantly reduce the amount of dust generated
by truck traffic in this area. In addition, staff recommends that all areas of the site which will be
used for vehicular traffic or container storage also be paved.
Staff has recommended several conditions which are designed to provide some degree of
compatibility between this use and the nearby residences. The railroad lines and property on the
west side of the site, owned by the Arkansas Missouri Railroad, are out of the control of this
applicant making it difficult to develop a physical screen or barrier between the industrial and
residential properties. The applicant however, has agreed to keep the main activities of the
H.-I USERSICOA"OA�DAlfWTBFPORTSTC16-25-01 Imil-off.Wpd
Planning commission
June 25, 2001
CUPOI-16 Roll OffServices
page 3.3a
business away from the westernmost edge of the property and in a contained area,
This facility will not be open to the general public. Only Roll Off Service employees will have
access to the site. Signage will be posted to prohibit unauthorized access. Standard hours of
operation are from 7:00 a.m. to 5:00 p.m. Monday through Friday. A fiill-time facility manager
as well as two additional full time employees are expected to staff the site.
The use of the property will include periodic vehicle weighing, sorting of retail return
merchandise, baling cardboard for recycling, and receiving and transport of various materials via
rail and truck. The applicant has included a more detailed narrative of these activities which is
included in this agenda packet.
SURROUNDING LAND USE AND ZONING
North: Construction company/warehousing, I-1
South: Single family residences,R-2
East: Mid-Continent Concrete, 1-1
West: Single family residences, R-2/CA
GENERAL PLAN DESIGNATION Mixed Use
§ 163.02. AUTHORITY; CONDITIONS; PROCEDURES.
B. Authority; Conditions. The Planning Commission shall:
1. Hear and decide only such special exemptions as it is specifically
authorized to pass on by the terms of this chapter.
2. Decide such questions as are involved in determining whether a
conditional use should be granted; and,
3. Grant a conditional use with such conditions and safeguards as are
appropriate under this chapter; or
4. Deny a conditional use when not in harmony with the purpose and intent
of this chapter.
C. A conditional use shall not be granted by the Planning Commission unless and
until:
I A written application for a conditional use is submitted indicating the
section of this chapter under which the conditional use is sought and
H.-USERS�COAA40ND-4WNYIRFPOR7sTC�6-25-01�roll-qff.wpd
Planning Commission
June 25, 2001
CUPOI-16 Roll OffServices
Page 3.4a
stating the grounds on which it is requested.
Finding: The applicant has submitted a written description requesting a conditional
use permit for a recycling facility (use unit 28) in the 1-1,Heavy Commercial/
Light Industrial zoning district.
2. The applicant shall pay a filing fee as required under Chapter 159 to cover
the cost of expenses incurred in connection with processing such
application.
Finding: The applicant has paid the required filing fee.
3. The Planning Commission shall make the following written findings
before a conditional use shall be issued:
(a.) That it is empowered under the section of this chapter described in
the application to grant the conditional use; and
Finding: The Planning Commission is empowered under §161.17 to grant a
conditional use for Use Unit 28, Center for Collecting Recyclable Materials in
the 1-1,Heavy Commercial/Light Industrial zoning district.
(b.) That the granting of the conditional use will not adversely affect the public
interest.
Finding: The granting of the requested conditional use will not adversely affect the
public interest. This proposal will provide for the reuse of a site which has
been the source of much controversy as well as incompatible and
inappropriate uses in the past. The applicant has stated that"considerable
clean-up and repair efforts will occur at this property." Repair and
maintenance of the facility as well as paving the entrance drive which is
shared with the neighboring concrete company will improve the conditions
for area residents.
(c.) The Planning Commission shall certify:
(L) Compliance with the specific rules governing individual
conditional uses; and
Finding: The applicant has complied with the specific rules governing this individual
conditional use request.
(2.) That satisfactory provisions and arrangements have been
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Planning Commission
June 25, 2001
CUPOI-16 Roll OffServices
Page 3.5a
made concerning the following, where applicable:
(a.) Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control and access in case of fire or
catastrophe;
Finding: Access to this site is from Cato Springs Road. The entrance drive is shared
with Mid-Continent Concrete. This drive will be paved in a joint effort
between this applicant and the concrete company. Access and traffic flow on
this site appear to be adequate for general use as well as emergency purposes.
(b) Off-street parking and loading areas where required,
with particular attention to ingress and egress,
economic, noise, glare, or odor effects of the special
exception on adjoining properties and properties
generally in the district;
Finding: All loading activities will occur inside or between buildings and away from
the westernmost side of the site shielding some noise and visual impact of the
operation from the nearby residential properties. Ingress and egress will
take place on paved surfaces, reducing dust and noise.
(c.) Refuse and service areas, with particular reference
to ingress and egress, and off-street parking and
loading,
Finding: N/A
(d) Utilities, with reference to locations, availability,
and compatibility;
Finding: Utilities are currently in place to serve this site. No changes are proposed.
(e.) Screening and buffering with reference to type,
dimensions, and character;
Finding: Maintaining the major use areas within and between structures provides
some buffer between this facility and adjoining properties. Installing a fence
or vegetation along the western property line would render the adjacent rail
spur unusable and is not recommended at this time.
H.-I USERS�COARdONDAWN=ORYSTC�6-25-01 troll-off.vpd Planning Commission
June 25, 2001
CUP01-1 6 Roll OffServices
Page 3.6a
(f) Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect,
and compatibility and harmony with properties in
the district;
Finding: Any outdoor lighting shall be shielded and directed downward and away
from nearby residential properties. Signage must comply with the City's
sign ordinance.
(g) Required yards and other open space; and
Finding: N/A
(h.) General compatibility with adjacent properties and
other property in the district.
Finding: While residential properties are affected by this and other industry in the
area, the proposed use of this facility is generally compatible with adjacent
industrial uses and with the function of the adjoining railroad property.
H.-�USF-RS�COA"OAIDAWNTOZEPOR7STC16-25-01 Iroll-off.wpd
Planning Commission
June 25, 2001
CUPOI-16 Roll OffServices
Page 3.7a
LS 01-20.00
Page I
PC Meeting of 25 June 01
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS Hannan Lot Split
113 W. Mountain St.
Fayetteville,AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner
FROM: Sara Edwards,Ron Petrie P.E.
DATE: June 21, 2001
Project: LS 01-20.00: Lot Split (Hannan,pp 529)was submitted by Patrick Hannan for
property located at 382 Jamagan Street. The property is in the Planning Growth Area and
contains approximately 11 1/2acres. The request is to split into two tracts of 9 1/2acres and 2
acres.
Findings: This property is located on Jamagan Lane approximately 800 feet north of
Huntsville Road. There is one single family home on this property. The applicant is dedicating
the required right-of-way based upon Washington County road standards along Jamagan Lane.
There is a proposed Minor Arterial street located on this property.
Recommendation: Approval subject to the conditions listed below.
Conditions of Approval:
1. Planning Commission determination of the requested waiver to relieve applicant of the
dedication of right-of-way required as part of the Master Street Plan. The requirement is
for 45 feet from centerline. Approximately 60,000 square feet is the area of required
dedication. See attached close up mapfor exact location.
2. Survey shall show the limits of the 100 year floodplain.
3. Survey shall describe the 15 feet on either side of Jamagan Lane as right-of-way
dedicated to Washington County.
4. Applicant shall obtain approval from Washington County Planning prior to filing this lot
split.An elevation certificate shall be required prior to building. Flood insurance may be
required on all new structures.
5. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
Planning Commission
June 25, 2001
LSP 01-20 Hannan
Page 1.1
LS 01-20.00
Page 2
Background:
The proposed Lot Split was reviewed at the May 30,2001 Technical Plat review and the June 14,2001
Subdivision Committee meeting.
Discussion at the Subdivision Committee meeting included the waiver request from the Master Street
Plan right-of-way dedication.
The Subdivision Committee forwarded the Lot Split to the full Planning Commission"subject to the
four staff conditions for the full Planning Commission to consider the lesser dedication of right-of-way
on the Master Street Plan and to also consider making a plat notation that should the money in lieu of
sidewalk ordinance be passed by the City Council and become an ordinance that be an option available
to this applicant."
INFRASTRUCTURE:
a) Water will only be available to Tract B. A water extension will be required if water is requested
for the existing residence on Tract A.
b) Sanitary sewer is not available.
C) Streets. Not applicable.
d) Grading and Drainage. Not applicable.
PLANNING COMMISSION ACTION: _ygs_Required
--.Approved Denied
Date:
Comments:
Planning Commission
June 25, 2001
LSP 01-20 Hannan
Page 1.2
LS 01-20.00
Page 3
CITY COUNCIL ACTION: Yes Required
---,Approved Denied
Date:
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total
without exception by the entity requesting approval of this development item.
by
title
date
Planning Commission
June 25, 2001
LSP 01-20 Hannan
Page 1.3
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June 25, 2001
LSP 01-20 Hannan
Page 1.4
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June 25, 2001
LSP 01-20 Hannan
-----Ta—ge 7.-5--
Planning Commission
June 25, 2001
LSP 01-20 Hannan
Page 1.6
FAYETTEVILLE
TEE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St
Fayetteville,AR 72701
Telephone:(501)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dawn T. Warrick, Planner
THRU: Tim Conklin, A.I.C.P., City Planner
DATE: June 25, 2001
RZN 01-9.00: Rezoning (Mllennium Place Lot 11,pp 177)was submitted by Kirk Elsass on
behalf of Millennium Place for property located at Lot I I of Millennium Place. The property is
zoned C-1,Neighborhood Commercial and contains approximately 0.54 acres. The request is to
rezone to C-2, Thoroughfare Commercial.
RECONEWENDATION:
Staff recommends approval of the requested rezoning with the bill of assurance as offered
by the applicant based on the findings included as part of this report.
Note: A site plan for this project will be reviewed for compliance with City regulations at
the time of building permit application. The site plan submitted as a part of this rezoning
application has been reviewed for concept only.
PLANNING COMMISSION ACTION: Required YES
0 Approved 0 Denied
Date: June 25, 2001
.. . .........................
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H.-IUSERSICOAAdONDAWN=ORYYPC16-25-olimillennium.wpd
Planning Commission
June 25, 2001
RZIV 01-9 Millennium Pl. Lot I I
Page2.1
Comments:
BACKGROUND:
The Millennium Place commercial (C-1 and R-0) subdivision was recently completed and is
beginning to build out. The subject property is lot I I of this subdivision and is located at the
southeast comer of Millennium Drive and Hwy 265. Surrounding lots within the subdivision are
vacant at this time, as is commercially zoned (C-1) property across Hwy 265 to the east, South
of the site is a White Oak Station, gas station/convenience store and a carwash.
The applicant is requesting a rezoning for this tract to C-2, Thoroughfare Commercial with a bill
of assurance to allow only a liquor store in this location. Should the site not develop as a liquor
store or should it redevelop in the future, only uses permitted in the C-1 zoning district would be
permitted with the proposed bill of assurance.
SURROUNDING LAND USE AND ZONING
North: Vacant, C-1
South: Gas Station, C-1
East: Vacant, C-1
West: Vacant, C-1
INFRASTRUCTURE:
Streets: This site is located at the southeast comer of Millennium Drive and Hwy 265.
Millennium is a new street constructed to serve the commercial subdivision
Millennium Place. It connects Hwy 265 and Joyce Blvd. Hwy 265 is classified
as a principal arterial on the Master Street Plan and is constructed with two lanes
and a center turn lane at the Joyce Blvd. intersection in this area.
Water & Sewer: Water and sewer were both extended to serve this lot as a part of the
construction of the Millennium Place subdivision.
LAND USE PLAN: General Plan 2020 designates this site Community Commercial. Rezoning
this property to C-2, Thoroughfare Commercial, with the bill of assurance offered by the
applicant, is consistent with the land use plan and compatible with surrounding land uses in the
area.
H.,I USERSICOAMO]V�DAWNYVZEPORTSPC16-25-01 Imillennium.wpd
Planning Commission
June 25, 2001
RZY 01-9 Millennium Pl. Lot I I
Page 2.2
FINDINGS OF THE STAFF
I A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: The proposed zoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans. This area serves
as a commercial node and is an appropriate location for a mix of commercial
uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed zoning is needed in order for the applicant to build the
proposed project. While there is a significant amount of undeveloped C-2
property within the city, there is not any C-2 property north of Mission Blvd.
or east of Old Missouri Road in the northeastern part of the city.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning will not create or appreciably increase traffic danger
and congestion. The applicant's preliminary site plan indicates that access
will be from Millennium Drive with a cross-access connection to the gas
station located immediately south of the subject property. No curb cut will
be permitted on Hwy 265 in this location.
4. A determination as to whether the proposed zoning would alter the population density
and thereby undesirably increase the load on public services including schools,water, and
sewer facilities.
Finding: The proposed zoning will not alter population density.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1)through(4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses
permitted under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning
even though there are reasons under b (1)through(4) above why
the proposed zoning is not desirable.
Finding: N/A
H.*1 USERS�COAAfO2VIDAWN=ORTS�PC�6-25-01 Imillennium.wpd
Planning Commission
June 25, 2001
RZN 01-9 Millennium P1.Lot I I
Page 2.3
§161.14 DISTRICT C-2 THOROUGH- Unit 2 City-Wide Uses by
FARE COMMERCIAL. Conditional Use Permit
A. Purpose. The Thoroughfare Unit 3 Public Protection and Utility
Commercial District is designed especially Facilities
to encourage the functional grouping of
these commercial enterprises catering Unit 21 . Warehousing and Wholesale
primarily to highway travelers. Unit 28 Center for Collecting
B. Uses. Recyclable Materials
Unit 32 Sexually Oriented Business
1. Permitted Uses.
Unit I City-Wide Uses by Right C. Bulk and Area Regulations.
Setback lines shall meet the following
Unit 4 Cultural and Recreational minimum requirements:
Facilities From Street ROW 50 ft.
Unit 12 Offices, Studios and Related From Side Property None
Services Line
Unit 13 Eating Places From Side Property 15 ft.
Unit 14 Hotel, Motel and Amusement Line When Contiguous
Facilities to a Residential District
Unit 15 Neighborhood Shopping From Back Property 20 ft.
Goods Line
HININVIR WRIENW9 D. Building Area. On any lot the
Unit 17 Trades and Services area occupied by all buildings shall not
exceed 60%of the total area of such lot.
Unit 18 Gasoline Service Stations and
Drive-In Restaurants E. Height Regulations. In District
Unit 19 Commercial Recreation C-2 any building which exceeds the height
of 20 feet shall be set back from any
Unit 20 Commercial Recreation, Large boundary line of any residential district a
Sites distance of one foot for each foot of height
in excess of 20 feet. No building shall
Unit 24 Outdoor Advertising exceed six stories or 75 feet in height.
Unit 3 3 Adult Live Entertainment Club (Code 1991, §160.036; Code 1965, App. A,
or Bar Art. 5(VI); Ord. No. 1747, 6-29-89; Ord.
No. 1833, 11-1-71; Ord. No. 2351, 6-2-177;
Ord. No. 2603, 2-19-80; Ord. No. 4034,
2. Uses Permissible on §§3,4, 4-15-97)
Appeal to the Planning Commission.
H.-I USERS�COAIVIONDAWArTtREPORTS�PC16-25-01 Imillennium.wpel
Planning Commission
June 25, 2001
RZN 01-9 Millennium Pl. Lot 11
Page 2-4