(continued from Report - 2)

In terms of a ?“plan?” for a development in the PD, the regulations permit one of two options, either a ?“concept plan?” or a ?“master plan.?”

A. PD -Concept Plan Option:
1.
Applications to amend the zoning map to a Planned Development District may be accompanied by a PD-Concept Plan. A PD-Concept Plan shall be approved by the legislative body at the time the rezoning to the Planned Development District is approved. Once approved, all development within the Planned Development shall conform to the PD-Concept Plan. All changes to the approved PD-Concept Plan shall require a hearing before the Planning Commission and final review and approval by the legislative body.

This concept plan is in the file, however, it is difficult to ascertain where and what kind of uses are proposed for each of the three sections.

The applicant should present renderings of the buildings to the Land Development and Transportation Committee.

Mobility/Transportation: Based on a review by the Transportation Section, an expanded traffic study is required prior to docketing this matter for public hearing. The study should follow the requirements of the Transportation Section (see email). The intersection of US 42/US 22 is currently at failure during peak PM periods, and the applicant should indicate what improvements will be made to address the additional traffic this development will generate through this intersection.

Environmental: There are no topographic concerns. Based on the approval of this project by MSD, this project meets the requirements of the applicable environmental regulations.
Relationship to Neighborhood, Small Area, Corridor or Other Plan(s)

Standard of Review
Criteria for granting the proposed rezoning:

1. The proposed rezoning complies with the applicable guidelines and policies Cornerstone 2020; or
2. The existing zoning classification is inappropriate and the proposed classification is appropriate; or
3. There have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in Cornerstone 2020 which have substantially altered the basic character of the area.

WAIVER:
A waiver is requested to omit the required 30-foot LBA along US 22. This buffer is required because this road has the status of a ?“parkway?” in the Metro road system.

Conditions to be met to grant the waiver:
1. The waiver will not adversely affect property owners.
2. The waiver will not violate the guidelines of the Comprehensive Plan.
3. The extent of the waiver is the minimum necessary to afford relief to the applicant.

And:
The applicant has incorporated other design measures that exceed the minimums of the district, which compensate for non-compliance with the requirements to be waived.
Or:
The strict application of the provisions of the regulation would deprive applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant.