7/15/2002
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (ZC0206-5) Special Exception Use request to allow amusements, recreational and
entertainment activities carried on wholly within a permanently enclosed
building (cheerleading school), excluding adult movie houses, at 5045 Milgen
Court. NOTICE OF PLANNING DIVISION APPROVAL.
Resolution approving a Special Exception Use to allow amusements,
recreational and entertainment activities carried on wholly within a
permanently enclosed building (cheerleading school), excluding adult movie
houses, at 5045 Milgen Court (see Attached Map).
The applicant, Ken Spano, submitted an application for a Special Exception Use
at the above referenced property. The property encompasses 3.2 acres in an M-1
(Light Manufacturing) zoning district. The applicant seeks to open a
cheerleading school on the property. Amusements, recreational and
entertainment activities carried on wholly within a permanently enclosed
building (cheerleading school), excluding adult movie houses, 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 proposed cheerleading school is located at 5045 Milgen Court, which
faces Manchester Expressway. There are apartments, recreational facilities
(skate center, Cooper Creek park, etc.), and general commercial located on
Milgen Road. Planning staff believes the cheerleading school 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. The church would be compatible with uses in the
area.
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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. All surrounding
property is 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 Milgen Court. The size
of the lot and the placement of the buildings allow 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.
Five (5) 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.