04-22-1998 Council Agenda - Laserfiche WebLink

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that it would create a spot zoned property, which is discouraged by the Comprehensive Plan, and raise potential compatibility issues with the prospective uses of the other two proposed lots at such time as they are developed. ABRA Auto Body. In 1984 the City denied a request by ABRA to develop the subject parcel with an auto body repair shop. Little Canada allows auto body repair uses to locate only within industrial districts. In denying the request, the City found that the auto body repair use was different from auto repair - minor business and generally not compatible with the uses of the B -2 and B -3 Districts. The City also determined that if it accommodated ABRA's request to locate within the B -2 or B -3 District, the City would be granting an opportunity to ABRA that was denied to other existing auto body uses in the City which had located in industrial districts. The applicant's current request is differentiated from the ABRA request in that the Tuffy's Auto Center is considered generally compatible with other uses within the B -2 District as it is allowed by conditional use permit. This rezoning request is a question as to what the appropriate zoning designation is for a specific parcel. The ABRA application raised the question as to whether a specific use was appropriate and compatible within a given zoning district. Planned Unit Development / Subdivision. The applicant has submitted a Planned Unit Development Concept Plan for the subdivision of the entire parcel into three lots with access via a private street. Planned unit developments are a conditional use within the B -2 District, giving the City a degree of discretion in determining if the applicant's proposal is appropriate . The following issues relate to the PUD /subdivision request: Conditional Use Permit. Section 921.010 (C) of the Zoning Ordinance requires the City to consider the possible adverse effects of the proposed Planned Unit Development. Its judgement shall be based upon but not limited to the following: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official Comprehensive Land Use Plan. 2. The proposed site is or will be compatible with the present and future land uses of the area. 3. The proposed use conforms with all performance standards of the Zoning Ordinance. 4. The proposed use will not tend to or actually depreciate the area in which it is proposed. 3 Page 34