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8/16/95 Memo to Planning Page 2 <br /> Commission Continued <br /> • the aforementioned section, subpart (B)(i) allows facilities related to mineral <br /> excavation in the mineral excavation overlay district. For example, this is <br /> the clause that allowed Barton Sand and Gravel to place a temporary asphalt <br /> hot mix plant in their gravel pit. <br /> Since concrete product processing was specifically identified under the I-2 <br /> zone in the City Code of Ordinances, staff interpreted a re-zoning to medium <br /> industrial would be required to locate this ready mix plant on this parcel. <br /> Shiely Company has indicated that the ready mix plant would be in this <br /> location as long as the gravel mining was taking place here. They may wish <br /> to question staffs interpretation on whether a re-zoning to I-2 is necessary or <br /> just an amendment to their existing conditional use permit is required. <br /> Summary <br /> The Planning Commission is asked to consider the Shiely Company's request <br /> to change the land use and zoning designation on this parcel from <br /> agricultural to medium industrial. Section 900.44 titled "Amendment <br /> Procedures" found on page 9.138 of the City Code of Ordinances, spells out <br /> the procedure for considering this request. In simplified terms, the Planning <br /> Commission must find one of the following in order to approve this request: <br /> • 1. That the proposed request is consistent with the long range plan <br /> for the city. Currently the long range plan shows the affected <br /> parcel as agricultural. However, the parcel in question is <br /> adjacent to an area designated medium industrial. The Steering <br /> Committee for the city, charged with reviewing an update of the <br /> comprehensive plan, has indicated that this area should remain <br /> medium industrial. The parcel in question could be an <br /> extension of this medium industrial area. <br /> 2. That the plan was an error when it was adopted and therefore <br /> should be changed. <br /> 3. That circumstances have changed since the plan was adopted, <br /> and a change is warranted. <br /> The Planning Commission must also consider existing conditions within the <br /> area directly and indirectly affected by the proposal, the conservation <br /> property values, and the use to which the property affected is being devoted <br /> at the time. The parcel in question is currently part of a gravel mining <br /> operation with direct access to Trunk Highway 169, which includes an <br /> acceleration and de-acceleration lane. It is unlikely that a ready mix plant in <br /> III <br /> this location would significantly alter this parcel. <br /> pc8-16/bz/stever <br />