2022.10.03 CC Packet - Laserfiche WebLink

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Premier Bank – Site Plan, Zoning Amendment, CUP, and Variances 5 being rezoned for commercial use in the future or having a mix of uses per the Mixed-use land use, the surrounding properties could develop with compatible uses with the proposed commercial use. The proposed zoning classification will not have unreasonable negative impacts on neighboring properties. (5) The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. The property is not within a floodplain district and no floodplain areas are proposed to be impacted. It is in staff’s opinion that all of the necessary requirements for approval of a zoning amendment are met. C. CONDITIONAL USE PERMIT FOR DRIVE-THROUGH BUSINESS The applicant is requesting approval of a conditional use permit (CUP) for a drive- through lane to be within 200 feet of a residentially-zoned property. Staff has reviewed the CUP application subject to the required findings outlined in Sec. 90-37 ‘Conditional use permits’ of City Code. (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) The proposed use is keeping with the spirit and intent of the ordinance. The spirit and intent of the ordinance is to reduce the effects of a drive-through lane for drive-through businesses on adjacent residential property. The proposed drive-through lane is designed intentionally to minimize impact on the existing residential properties within 200 feet. It is placed in the southeast portion of the property adjacent to Highway 61 and 147th Street. The drive-through lane is placed in an area that would reduce the effects on adjacent residential properties, therefore keeping with the spirit and intense of the ordinance. (3) The proposed use is compatible with the City’s Comprehensive Plan and the character of the surrounding area. The property is zoned Future Central Business (FCB) and is guided as Mixed -Use (MIX) land use in the comprehensive plan. The zoning district and land use anticipates commercial uses in this area. The surrounding properties are zoned FCB or commercial. The other corners of Highway 61 and 147th Street are occupied by commercial uses. The proposed use is compatible with the City’s comprehensive plan and the character of the surrounding area.