10-05-22 PC Agenda Packet - Laserfiche WebLink

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Page 6 of 7 Under state law, a conditional use is a use that is generally allowed in a designated district upon showing by the applicant that the standards and criteria stated in the ordinance will be satisfied. Conversely, if the applicant is unable to show that the ordinance standards are met, the application can be denied, but because the use is listed as permitted, the City’s discretion is more limited in these matters than in a comprehensive plan or rezoning application. Findings of Fact The Planning Commission must make a finding as to whether or not the proposed application would adversely affect the surrounding neighborhood or the community as a whole based on the aforementioned factors. Staff offers the following findings of fact for consideration: 1. The Subject Property located at 1411 Paul Kirkwold Drive is zoned CC - Civil Center District and is designated for Public and Institutional uses in the 2040 Comprehensive Plan. 2. The Applicant is proposing a security perimeter fence that will include barbed wire or spikes. 3. A vinyl coated chain link fence is allowed in the Civic Center District, but a Conditional Use Permit is required when fencing types include barbed wire or spikes. 4. The proposed security perimeter fencing is an addition to the site plan and a CUP Amendment is required. 5. The Applicant has requested Site Plan Review for the proposed parking lot additions. 6. The proposed changes for the installation of security perimeter fencing and parking lot additions would be in compliance with all provisions of the Zoning Code. 7. The proposed plan does not conflict with the general purpose and intent of the Zoning Code or the Comprehensive Plan for the City. 8. The proposed plan as narrated by the Applicant is not anticipated to have an adverse effect upon the health, safety, convenience and general welfare of the owners and occupants of the surrounding land and the community because of its compatibility to adjacent properties. 9. A public hearing for a CUP Amendment request is required before the request can be brought before the City Council. Options and Motion Language Staff has provided the following options and motion language for this case. The Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or denial. 1. Recommend Approval with Conditions: Motion to recommend approval of Planning Case 22- 018 for a Conditional Use Permit Amendment & Site Plan Review to allow security perimeter fencing, vehicle gates, and two parking lot additions at 1411 Paul Kirkwold Drive, based on the findings of fact and submitted plans, subject to the following conditions: 1. All conditions of the original Conditional Use Permit shall remain in full force and effect. 2. A separate zoning permit shall be required for all proposed fencing. 2. Recommend Approval without Conditions: Motion to recommend approval of Planning Case 22-018 for a Conditional Use Permit Amendment & Site Plan Review to allow security