Discussion:
Phillips Architects & Contractors, Ltd., applicant and Lloyds Properties, LLC, property owner, made application for a Conditional Use Permit amendment to allow a recycling/waste sorting and transfer facility (listed conditional use in the I-2 Zone), exterior storage for materials & a crushing operation, and multiple principle structures on a single lot. The subject property is located east of Gresser Construction and west of Flint Hills Resources (formally RTS) on the south side of County State Aid Highway 101. The Board approved a CUP of rthe use at its March 2018 meeting.
Since the meeting, the applicant has reviewed the conditions and found that several will limit the ability of the business to exit at the site. The applicant is asking the Board to reconsider the following conditions and amend its original resolution.
Condition 5 be amended to allow materials waiting to be processed to be 25 feet tall.
Condition 14 be amended so that the 60 days requirement does not apply to exterior activities, only to the building activities.
Condition 15 be eliminated since there will always be materials stored on the exterior.
Condition 16 be amended to allow exterior activities only on the southern 3 acre portion of the site.
The applicant has provided additional information on its business activities along with a section through the site showing what would be visible.
Findings
The criteria required for the granting of conditional use permits are listed below with staff findings.
Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;
Finding #1 Staff has received no evidence that the proposed over height building, piles and tanks will be injurious to the use and enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area, provided the conditions of the resolution are met.
Criteria #2 The establishment of the conditional use permit will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;
Finding #2 The conditional use permit, as proposed, will not impede future development and improvement in the area, provided the conditions of the resolution are met.
Criteria #3 Adequate utilities, access roads, drainage and other necessary facilities have been or will be provided;
Finding #3 Adequate utilities, access roads and drainage are provided or will be provided at the site.
Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and
Finding #4 The use of the subject property is consistent with the purposes of the Heavy Industry (I-2) Zone.
Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The use is not in conflict with the Comprehensive Plan.