2009-01-26 Regular Council Meeting Agenda

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b. Limiting vehicular access so as to avoid conflicting turning movements to/from the site and access points of adjacent properties, and to avoid an increase in vehicular traffic in nearby residential areas; c. Provision of cross-access agreement(s) and paved connections between the applicant’s property and adjacent property(ies) which would help mitigate traffic on adjacent streets; d. Provision of additional screening and landscape buffers, above and beyond the minimum requirements of this chapter; e. Strategically locating accessory facilities, such as trash storage, loading areas and drive-through facilities, so as to limit potentially adverse impacts on adjacent properties while maintaining appropriate access to such facilities and without impeding internal traffic circulation; f. Limiting hours of operation of the use or certain operational activities of the use (e.g., deliveries); and g. Any other site or building design techniques which would further enhance neighborhood compatibility. The city council shall consider the extent to which such evidence demonstrated compliance with the foregoing criteria. It shall be the responsibility of the applicant to clearly establish that the review criteria are met. 34-132.2 Findings of fact. The plan commission shall not recommend approval of a conditional use permit unless it shall in each specific case, make specific written findings of fact based directly upon the particular evidence presented to it supporting the conclusion that the proposed conditional use: 1. Complies with all applicable provisions of this chapter; 2. At the specific location will contribute to and promote the community welfare or convenience; 3. Will not cause substantial injury to the value of neighboring property; 4. Is consistent with the comprehensive plan, neighborhood development plan (if applicable), the Olive Boulevard Design Guidelines (if applicable), and any other official planning and development policies of the city; and 5. Will provide off-street parking and loading areas in accordance with the standards contained in Article 7 of this chapter. Section 2. This ordinance shall not be construed so as to relieve any person, firm or corporation from any penalty heretofore incurred by the violation of Section 34-123.1 or Section 34-132.2, nor bar the prosecution for any such violation.