PLANNING & ZONING COMMISSION REGULAR MEETING. Tuesday, May 6, :30 p.m. Council Chambers Branson City Hall 110 W. Maddux St.

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1 NOTICE OF MEETING CITY OF BRANSON PLANNING & ZONING COMMISSION REGULAR MEETING Tuesday, May 6, :30 p.m. Council Chambers Branson City Hall 110 W. Maddux St. May 6, 2014 Planning & Zoning Commission Page 1 of 2 Where Values are the Difference MAY: EXCELLENCE Being the best by doing your best

2 [Powerpoint] 1. Approve Agenda A) May 6, 2014 PLANNING & ZONING COMMISSION AGENDA May 6, :30 p.m. Council Chambers ROLL CALL PUBLIC COMMENTS REGULAR AGENDA ITEMS 2. Approve Minutes A) Minutes of the April 1, 2014 study session meeting B) Minutes of the April 1, 2014 regular meeting 3. Election of Chairperson and Vice-Chairperson OLD BUSINESS PUBLIC HEARING AGENDA ITEMS 4. Request for a Special Use Permit to Operate Outdoor Commercial Recreation Facilities within the Property Located at 1000 Pat Nash Drive, Branson, Missouri. Project No ( ) Applicant: Ball Parks of Branson 5. Request for a Special Use Permit to Operate a Wholesale Storage Operation within the Property Located at 301 N. Francis Street, Branson, Missouri. Project No ( ) Applicant: Fogle Enterprises, Inc. 6. Request for a Special Use Permit to Construct a Telecommunication Tower within the Property Located at 3236 Shepherd of the Hills Expressway, Branson, Missouri. Project No ( ) Applicant: New Cingular Wireless PCS, LLC (AT&T) 7. Request for a Special Use Permit to Operate a Museum and Haunted House within the Properties Located at 3615 and 3619 W. State Highway 76, Branson, Missouri. Project No ( ) Applicant: Pete Long/Treat Architects COMMISSIONER & STAFF REPORTS ADJOURNMENT May 6, 2014 Planning & Zoning Commission Page 2 of 2 Where Values are the Difference MAY: EXCELLENCE Being the best by doing your best

3 PLANNING & ZONING COMMISSION May 6, 2014

4 ROLL CALL

5 1) Approve Agenda (May 6, 2014) REQUEST FOR SPECIAL USE PERMIT (14 1.5) 1000 Pat Nash Drive (Operate Outdoor Commercial Recreation Facilities) REQUEST FOR SPECIAL USE PERMIT (14 1.2) 301 N. Francis Street (Operate a Wholesale Storage Operation) REQUEST FOR SPECIAL USE PERMIT (14 1.3) 3236 Shepherd of the Hills Expressway (Construct a Telecommunication Tower) REQUEST FOR SPECIAL USE PERMIT (14 1.4) 3615 & 3619 W. State Highway 76 (Operate a Museum & Haunted House)

6 PUBLIC COMMENTS

7 REGULAR AGENDA ITEMS

8 2) Approve Minutes P&Z Commission Study Session (April 1, 2014) P&Z Commission Regular Meeting (April 1, 2014)

9 3) Election Chairperson (May 2014 May 2015) Vice Chairperson (May 2014 May 2015)

10 OLD BUSINESS

11 PUBLIC HEARING AGENDA ITEMS

12 1000 Pat Nash Drive 4) SPECIAL USE PERMIT Approximately acres Existing Zoning: C commercial Applicant s Request: Operate outdoor commercial recreation facilities

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15 Phase One 4) SPECIAL USE PERMIT

16 Phase Two 4) SPECIAL USE PERMIT

17 Phase Three 4) SPECIAL USE PERMIT

18 Phase Four 4) SPECIAL USE PERMIT

19 4) SPECIAL USE PERMIT

20 4) SPECIAL USE PERMIT

21 4) SPECIAL USE PERMIT

22 4) SPECIAL USE PERMIT Up to 16 dimensional replica baseball fields (2 stadiums) Batting cages, practice circles, practice diamonds, concessions and catering facilities, arcades, playgrounds and lodging units Majority of existing buildings to remain for use as lodging, food and retail facilities Due to location, no significant negative effects are anticipated Adequate connectivity Utilization of existing infrastructure will insure adequate service Compatible with surrounding uses and character Potential for noise and field lighting not a concern

23 4) SPECIAL USE PERMIT STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING... 1) New structures shall require submittal of individual construction plans and specifications to the City of Branson for review and approval prior to any actual construction; and, 2) All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City of Branson; and, 3) A valid lease agreement shall be approved by the Board of Aldermen, and all activities shall comply with those agreed upon terms; and, 4) The applicant shall apply for and receive all necessary business licenses from the City of Branson prior to any business operations, and those licenses shall remain in good standing; and, 5) All conditions of this resolution authorizing the issuance of this Special Use Permit shall be met on or before May 6, 2015.

24 301 N. Francis Street 5) SPECIAL USE PERMIT Approximately 0.85 acres Existing Zoning: C commercial Applicant s Request: Operate a wholesale storage operation

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27 5) SPECIAL USE PERMIT Will serve six local restaurants Deliveries to the facility up to 3 per week Up to 1 hour to unload a delivery Deliveries to the restaurants up to 2 per week 2 employees Hours of operation 9:00 am to 5:00 pm

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29 5) SPECIAL USE PERMIT STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City of Branson; and, 2. The applicant shall apply for and receive a business license from the City of Branson prior to any business operations, and that license shall remain in good standing; and, 3. All storage operation activities shall only support the following restaurants: Baldknobber s Restaurant, The Burger Shack, Fall Creek Steak and Catfish House, The Great American Steak and Chicken House, Plantation Restaurant, and Whippersnappers. Any request for additions or modifications to this list shall be submitted and subject to approval by the Director of Planning and Development; and, 4. All deliveries shall only be accepted between 9:00 am and 5:00 pm, Monday through Friday. No more than one delivery truck shall be parked or stored within the property outside of the hours listed within this condition; and, 5. All conditions of this resolution authorizing the issuance of this special use permit shall be met on or before October 6, 2014.

30 6) SPECIAL USE PERMIT 3236 Shepherd of the Hills Expy Approximately 3.22 acres Existing Zoning: C commercial Applicant s Request: Construct a telecommunications tower

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35 6) SPECIAL USE PERMIT Proposed location would provide maximum coverage while not being as visible from the adjacent road 150 monopole tower variance Maximum height of 100 Additional setback +1 setback for each +2 height Burns & McDonnell determined there are no other structures suitable for collocation SB 649, 650, 651, 653 (Aug. 28, 2014) Will prohibit unnecessary restrictions, fees or request on providers

36 6) SPECIAL USE PERMIT STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING New structures shall require submittal of individual construction plans and specifications to the City of Branson for review and approval prior to any actual construction; and, 2. All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City of Branson; and, 3. The applicant shall apply for, and receive approval for a variance from the Board of Adjustment in order to construct a telecommunication tower in excess of 100 feet in height as proposed; and, 4. All conditions of this resolution authorizing the issuance of this Special Use Permit shall be met on or before November 6, 2014.

37 7) SPECIAL USE PERMIT 3615 & 3619 W. State Hwy 76 Approximately acres Existing Zoning: C commercial Applicant s Request: Operate a museum and haunted house

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41 7) SPECIAL USE PERMIT Dinosaur museum Lobby and concession area BB Gun & Military museum Haunted House Gift shop and lobby area Hours of operation (8:00 am to 6:00 pm daily)

42 7) SPECIAL USE PERMIT STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING... 1) All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City of Branson; and, 2) The applicant shall apply for and receive a business license from the City of Branson prior to any business operations, and that license shall remain in good standing; and, 3) All conditions of this resolution authorizing the issuance of this Special Use Permit shall be met on or before November 6, 2014.

43 COMMISSIONER & STAFF REPORTS

44 ADJOURNMENT

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46 A typical week at the Ball Parks of Branson will start with team check-in at the welcome center arcade followed by a tour lead by each team s own concierge through the Main Street Promenade past the stadium replicas on their way to the Players Village where they will reside for the rest of the week. Adjacent to the team s lodging will be practice diamonds, batting cages and bullpen mounds for pre-game warm ups. Each week, an Opening Day Extravaganza is anticipated to be held to welcome teams and their families to Branson and the tournament in style. Each extravaganza may include skydivers, fireworks and live music. Teams are then anticipated to play one to two games per day, or a total of six games over a four day period. Mid-week, teams and families will be given a day off and encouraged to take advantage of the many local attractions and offerings before the tournament starts up again the following day. At the conclusion of each week-long tournament, a closing ceremony and BBQ will be held for the teams and their families. STAFF RECOMMENDATION: Staff recommends approval of Resolution based on the following conditions: 1. New structures shall require submittal of individual construction plans and specifications to the City of Branson for review and approval prior to any actual construction; and, 2. All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City of Branson; and, 3. A valid lease agreement shall be approved by the Board of Aldermen, and all activities shall comply with those agreed upon terms; and, 4. The applicant shall apply for and receive all necessary business licenses from the City of Branson prior to any business operations, and those licenses shall remain in good standing; and, 5. All conditions of this resolution authorizing the issuance of this special use permit shall be met on or before May 6, REFERENCE: The following regulations should be considered by the Commission in formulating a decision: Branson Municipal Code Regulations: Section Special Uses. A. This title [appendix] shall not apply to existing structures nor to the existing use of any building which shall have complied with all the laws and ordinances in effect prior to the effective date of this title [appendix]. All zoning district regulations shall apply to any enlarging of a building for a nonconforming use in the district in which it is located and to any alteration of a building which is intended to change its use to a less restricted classification. B. A special use permit shall be required from the planning and zoning commission for any use listed as a special use in any zoning classification and for any use not listed as a permitted use in any zoning classification. A special use permit review is intended to allow the establishment of uses that have a special impact, uniqueness, or effect on the neighborhood surrounding the subject site. In considering a special use, the planning and zoning commission shall consider the location and design of the proposed use, configuration of improvements, potential impacts on the surrounding neighborhood and that development in each zoning district protects the integrity of that district and, following a hearing, the commission shall record the decision in writing and shall recite the findings upon which the decision is based. The commission may approve and/or modify a special use permit application in whole or in part, with conditions, only if all the following findings are made:

47 COMMENTS: 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the intended purpose of the subject zoning district and complies with all of the applicable provisions of this title [appendix]; 2. The proposed use is consistent with the land use plan and comprehensive master plan; 3. There will be no significant negative effects upon environmental quality and natural resources that could not be properly mitigated and monitored; 4. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience or welfare of the city; 5. The subject site is physically suitable for the type and density/intensity of use being proposed; and 6. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety. No additional comments were provided by any other department relating to the applicant s request. ATTACHED INFORMATION: 1) Special Use Permit Application 2) Vicinity Maps 3) Applicant s Narrative 4) Site Plan and Housing Layout 5) Resolution No ( )

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60 1. All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City of Branson; and, 2. The applicant shall apply for and receive a business license from the City of Branson prior to any business operations, and that license shall remain in good standing; and, 3. All storage operation activities shall only support the following restaurants: Baldknobber s Restaurant, The Burger Shack, Fall Creek Steak and Catfish House, The Great American Steak and Chicken House, Plantation Restaurant and Whippersnappers. Any request for additions or modifications to this list shall be submitted and subject to approval by the Director of Planning and Development; and, 4. All deliveries shall only be accepted between 9:00 am and 5:00 pm, Monday through Friday. No more than one delivery truck shall be parked or stored within the property outside of the hours listed within this condition; and, 5. All conditions of this resolution authorizing the issuance of this Special Use Permit shall be met on or before October 6, REFERENCE: The following regulations should be considered by the Commission in formulating a decision: Branson Municipal Code Section Special Uses. A. This title [appendix] shall not apply to existing structures nor to the existing use of any building which shall have complied with all the laws and ordinances in effect prior to the effective date of this title [appendix]. All zoning district regulations shall apply to any enlarging of a building for a nonconforming use in the district in which it is located and to any alteration of a building which is intended to change its use to a less restricted classification. B. A special use permit shall be required from the planning and zoning commission for any use listed as a special use in any zoning classification and for any use not listed as a permitted use in any zoning classification. A special use permit review is intended to allow the establishment of uses that have a special impact, uniqueness, or effect on the neighborhood surrounding the subject site. In considering a special use, the planning and zoning commission shall consider the location and design of the proposed use, configuration of improvements, potential impacts on the surrounding neighborhood and that development in each zoning district protects the integrity of that district and, following a hearing, the commission shall record the decision in writing and shall recite the findings upon which the decision is based. The commission may approve and/or modify a special use permit application in whole or in part, with conditions, only if all the following findings are made: 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the intended purpose of the subject zoning district and complies with all of the applicable provisions of this title [appendix]; 2. The proposed use is consistent with the land use plan and comprehensive master plan; 3. There will be no significant negative effects upon environmental quality and natural resources that could not be properly mitigated and monitored; 4. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience or welfare of the city; 5. The subject site is physically suitable for the type and density/intensity of use being proposed; and 6. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety.

61 COMMENTS: The applicant met with the Open for Business team on April 15, 2014, and staff s comments have been attached for reference. ATTACHED INFORMATION: 1) Special Use Permit Application 2) Vicinity Maps 3) Open for Business Comment Letter (April 10, 2014) 4) Site Plan, Floor Plan and Elevation Drawings 5) Resolution No ( )

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71 On March 20, 2014, the Governor signed four Senate Bills (SB 649, 650, 651, 653) pertaining to communication service providers and their structures in relation to a municipality. In summary, these bills prohibit municipalities to place unnecessary restrictions, fees, or requests on service providers. However, they do allow municipalities to continue exercising zoning, land use, planning and permitting within their territorial boundaries with regard to new wireless support structures. These bills will become effective on August 28, 2014, unless they are appealed. STAFF RECOMMENDATION: Staff recommends approval of Resolution based on the following conditions: 1. New structures shall require submittal of individual construction plans and specifications to the City of Branson for review and approval prior to any actual construction; and, 2. All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City of Branson; and, 3. The applicant shall apply for, and receive approval for a variance from the Board of Adjustment in order to construct a telecommunication tower in excess of 100 feet in height as proposed; and, 4. All conditions of this resolution authorizing the issuance of this special use permit shall be met on or before November 6, REFERENCE: The following regulations should be considered by the Commission in formulating a decision: Branson Municipal Code Regulations: Section Special uses. A. This title [appendix] shall not apply to existing structures nor to the existing use of any building which shall have complied with all the laws and ordinances in effect prior to the effective date of this title [appendix]. All zoning district regulations shall apply to any enlarging of a building for a nonconforming use in the district in which it is located and to any alteration of a building which is intended to change its use to a less restricted classification. B. A special use permit shall be required from the planning and zoning commission for any use listed as a special use in any zoning classification and for any use not listed as a permitted use in any zoning classification. A special use permit review is intended to allow the establishment of uses that have a special impact, uniqueness, or effect on the neighborhood surrounding the subject site. In considering a special use, the planning and zoning commission shall consider the location and design of the proposed use, configuration of improvements, potential impacts on the surrounding neighborhood and that development in each zoning district protects the integrity of that district and, following a hearing, the commission shall record the decision in writing and shall recite the findings upon which the decision is based. The commission may approve and/or modify a special use permit application in whole or in part, with conditions, only if all the following findings are made: 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the intended purpose of the subject zoning district and complies with all of the applicable provisions of this title [appendix]; 2. The proposed use is consistent with the land use plan and comprehensive master plan; 3. There will be no significant negative effects upon environmental quality and natural resources that could not be properly mitigated and monitored;

72 4. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience or welfare of the city; 5. The subject site is physically suitable for the type and density/intensity of use being proposed; and 6. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety. Section C commercial district regulations. C. Special uses permitted. 17. Telecommunication towers shall only be allowed in a C commercial district. Such use shall only be by special use permit provided the following conditions are met: a. All telecommunication towers shall be designed to, either unobtrusively conceal the facility or, to blend into the surrounding environment, both in a manner demonstrated to and approved by the planning and zoning commission; and b. When a telecommunication tower is proposed, the applicant shall demonstrate, as described in "c." that good faith efforts were made to collocate the proposed new antenna on an existing telecommunication tower or other suitable antenna support structure. c. A written assessment of the feasibility of collocating on an existing tower or suitable antenna support structure shall be provided to the planning and zoning commission. The assessment shall be completed by an independent engineer, selected by the City of Branson, and all costs associated with the assessment shall be paid by the applicant. d. The use of such tower shall not cause interference with any off-premises electronic broadcast or reception device which is operating within the authorized frequency of its FCC license. (1) Notification to city. A permittee shall notify the city's emergency dispatch center prior to the activation of any new broadcast device, or prior to increasing the power of any existing broadcast device located on the tower by an increase in wattage or broadcast strength, and the permittee shall remain in communication with the Branson Emergency Dispatch Center for 48 hours after such activation. (2) Burden of proof. If any diminution in the quality of police, fire, ambulance, public works or other emergency communications systems, or any diminution in the quality of civil communications, whether telephone, radio, television, cell-phone, or other wireless telecommunications occurs in coincidence with the activation of the new antenna or power enhancement of the device, the permittee shall discontinue the use of the new device or enhancement immediately after telephone or facsimile notification by the city, until permittee successfully removes the cause of the diminution in quality, or until the permittee proves beyond a reasonable doubt that the activation or enhancement of the device was not the cause of such diminished quality. (3) Interference with emergency communications penalty. Failure to discontinue such use within 15 minutes after notification from the Branson Emergency Dispatch Center that the activation of a new antenna or increased power to an existing broadcast device has caused or coincided with any diminution in the quality of police, fire, ambulance, public works or other emergency communications systems, shall be punishable by a maximum fine of $500.00, and each and every hour thereafter that such use continues shall constitute a separate offense. (4) Interference with civil communications penalty. Failure to discontinue such use within 30 minutes after notification from the Branson Emergency Dispatch Center that the activation of a new antenna or increased power to an existing broadcast device has caused or coincided with any diminution in the quality of civil communications, whether telephone, radio, television, cell-phone, or other wireless telecommunications systems, shall be punishable by a maximum fine of $500.00, and each and every hour thereafter that such use continues shall constitute a separate offense.

73 (5) [Interference with emergency and civil communications prohibited at other times.] Interference with emergency or civil communications at all other times is prohibited, and it shall be a continuing obligation of every permittee to exercise due diligence and best efforts to identify the cause of any pattern of interference with multiple reception devices where there is probable cause to believe that such interference is caused by the use of any broadcast device located on a telecommunication tower. Failure to exercise due diligence and best efforts to identify the source of such interference, or to discontinue such use after the cause of the interference has been identified and until the cause of the interference is corrected, shall be cause for revocation and termination of the special use permit. Collocation of facilities. Telecommunication towers constructed within the Branson city limits by a telecommunication service provider shall be capable of accommodating antennas for two or more additional telecommunication service providers (hereinafter referred to as "additional capacity"). Such additional capacity shall be designated on the application and site plans presented to the city prior to construction of the tower. a. Any telecommunications tower with additional capacity for collocation of telecommunications facilities, shall allow other telecommunication service providers to collocate telecommunication facilities on such a tower subject to reasonable terms and conditions, including the credit worthiness and technical abilities of the proposed tenant. For the purpose of co-location of antennas, a legal nonconforming tower may be used. However, in no event shall a permittee be required to allow collocation of facilities in a manner that would result in technical interference with the delivery of the permittee's service. Failure to permit collocation on a tower will be cause for enforcement action in accordance with this chapter. b. Unreasonable refusal to allow collocation of telecommunication facilities on any telecommunication tower in violation of this section constitutes a violation of this chapter and shall be cause for revocation of the special use permit. D. Height restrictions. No structure shall exceed 100 feet in height. Every building in excess of 50 feet high shall provide an additional one foot of side, rear and front setback for each additional two feet in height above 50 feet. E. Area regulations. 1. Front yard. a. The minimum front yard setback for commercial structures in the C commercial district shall be no less than 25 feet. Where parking is a consideration within the front yard setback area, the minimum setback shall be 45 feet. A special permit from the planning and zoning commission is required for front yard parking. b. The front yard regulations for structures erected or structurally altered for dwelling purposes shall be the same as those in the R-3 multiple-family dwelling district. 2. Side yard. a. The side yard regulations for structures erected or structurally altered for dwelling purposes shall be the same as those in the R-3 multiple-family dwelling district. b. The minimum side yard for structures erected or structurally altered for commercial purposes shall be no less than five feet. 3. Rear yard. a. The rear yard regulations for structures erected or structurally altered for dwelling purposes shall be the same as those in the R-3 multiple-family dwelling district. b. The minimum rear yard for structures erected or structurally altered for commercial purposes shall be no less than ten feet.

74 COMMENTS: The following is a list of departments and their comments relating to the applicant s request: Police Department: The PD has no issue with the cell tower going up, but it must not do any of the following; o Interfere with the City's radio communications (Police, Fire, Public Works, etc.) o Interfere with State and County agencies' radio communications o Interfere with any other communication signals already in use in the area They will also have to comply with all applicable FCC/ICC regulations and licensing. Name: EJ Jones Date: 4/10/14 ATTACHED INFORMATION: 1) Special Use Permit Application 2) Vicinity Maps 3) Applicant Letter (October 1, 2013) 4) Site Plans & Elevation 5) Burns & McDonnell Letter (April 22, 2014) 6) AT&T Propagation Maps 7) Resolution No ( )

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91 STAFF RECOMMENDATION: Staff recommends approval of Resolution based on the following conditions: 1. All construction and activities covered by the Special Use Permit shall conform to all Codes and Ordinances of the City of Branson; and, 2. The applicant shall apply for and receive a business license from the City of Branson prior to any business operations and that license shall remain in good standing; and, 3. All conditions of this resolution authorizing the issuance of this special use permit shall be met on or before November 6, REFERENCE: The following regulations should be considered by the Commission in formulating a decision: Branson Municipal Code Section Special Uses. A. This title [appendix] shall not apply to existing structures nor to the existing use of any building which shall have complied with all the laws and ordinances in effect prior to the effective date of this title [appendix]. All zoning district regulations shall apply to any enlarging of a building for a nonconforming use in the district in which it is located and to any alteration of a building which is intended to change its use to a less restricted classification. B. A special use permit shall be required from the planning and zoning commission for any use listed as a special use in any zoning classification and for any use not listed as a permitted use in any zoning classification. A special use permit review is intended to allow the establishment of uses that have a special impact, uniqueness, or effect on the neighborhood surrounding the subject site. In considering a special use, the planning and zoning commission shall consider the location and design of the proposed use, configuration of improvements, potential impacts on the surrounding neighborhood and that development in each zoning district protects the integrity of that district and, following a hearing, the commission shall record the decision in writing and shall recite the findings upon which the decision is based. The commission may approve and/or modify a special use permit application in whole or in part, with conditions, only if all the following findings are made: COMMENTS: 1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the intended purpose of the subject zoning district and complies with all of the applicable provisions of this title [appendix]; 2. The proposed use is consistent with the land use plan and comprehensive master plan; 3. There will be no significant negative effects upon environmental quality and natural resources that could not be properly mitigated and monitored; 4. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience or welfare of the city; 5. The subject site is physically suitable for the type and density/intensity of use being proposed; and 6. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to the public health and safety. The applicant met with the Open for Business team on April 15, 2014, and staff s comments have been attached for reference.

92 ATTACHED INFORMATION: 1) Special Use Permit Application 2) Vicinity Maps 3) Open for Business Comment Letter (April 10, 2014) 4) Applicant s Narrative 5) Site Plan 6) Resolution No ( )

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