3/7/2003
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (ZC0302-1) Special Exception Use request to allow amusements, recreational and
entertainment activities (professional wrestling and associated activities)
carried on wholly within a permanently enclosed building solely as a Special
Exception Use, excluding adult movie houses, adult bookstores, and any adult
entertainment activity, at 5000 Burnham Boulevard, Building 3. NOTICE OF
PLANNING DIVISION APPROVAL.
Resolution approving a Special Exception Use to allow amusements, recreational
and entertainment activities (professional wrestling and associated activities)
carried on wholly within a permanently enclosed building solely as a Special
Exception Use, excluding adult movie houses, adult bookstores, and any adult
entertainment activity, at 5000 Burnham Boulevard, Building 3 (see Attached
Map).
The applicant, Kathy Oates, submitted an application for a Special Exception
Use at the above referenced property. The property encompasses 4.3 acres in an
M-1 (Light Manufacturing) zoning district. The applicant seeks to operate
professional wrestling activities on the property. Professional wrestling
activities, as amusements activities, are allowed in an M-1 district only on a
site-specific basis and upon approval by the Planning Division and the
Council. The granting of a Special Exception Use must be based upon the
following criteria and conditions:
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Access. - Is or will the type of street providing access to the use be adequate to serve the proposed special exception use?
The applicant intends to operate the professional wrestling activities within
the existing structure located on the property. There are several other
buildings located in this immediate area (the Burnham property). There are
also various residential, recreational facilities (Cooper Creek park, skate
center, etc.), and general commercial located on Milgen Road. Planning staff
believes the professional wrestling activities would not prove detrimental to
the public health, safety, and welfare (and vice-versa).
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Traffic and Pedestrian Safety. - Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?
The proposed Special Exception Use will not be injurious to the surrounding
property values since the proposed use is bordered by uses that would be
accepted in a commercial zone.
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Adequacy of Public Facilities. - Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special exception use?
The subject property is zoned M-1. There are two other recreational facilities
within a quarter of a mile from this proposed use. There are also residential
areas near the proposed use. Professional wrestling activities would be
consistent with special exception uses allowed in the M-1 zone.
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Protection from Adverse Affects. - Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?
The Buffer Ordinance does not require buffering or screening along the property
lines bordered by M-1. The street requirements of the Buffer Ordinance would
be in effect in the M-1 district.
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Hours of Operation. - Will the hours and manner of operation of the special exception use have no adverse effects on other properties in the area?
Parking for the property will be accessed from the Warm Springs Road Connector
and Burnham Boulevard. The size of the lot and the placement of the building
allows for much of the lot to serve as parking.
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Compatibility. - Will the height, size or location of the buildings or structures on the property be compatible with the height, size, character or location of buildings or other structures on neighboring properties?
Not applicable.
Six (6) property owners within 300 feet of the parcel were notified by letter
of the proposed Special Exception Use and the required notification sign was
posted on the property. The Planning Division received no comments on this
project.
The Planning Division recommends that the Council approve the Special Exception
Use.