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FILE # 17-3907 March 20, 2017 Page 2 of 3 Section 78-1680 and 78-1700 -Hardcover Calculations: This property is in Tier 3; the improvement is proposed lakeward of the 929.4 elevation. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: 1) Consistent with the community management plan; The property is zoned and used for office use. The dock, to be used by employees and tenants of the business center, is consistent with the community management plan. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Docks are permitted improvements into wetlands and the floodplain, provided a Conditional Use Permit is obtained. 3) Adequately served by police, fire, roads, and stormwater management; The dock does not require inordinate additional public services. 4) Provided with an adequate water supply and sewage disposal system; The dock will not increase demands on the water or waste water treatment systems. 5) Not expected to generate excessive demand for public services at public cost; The dock improvement is not expected to generate additional demand. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; The dock is an appropriate use for the property. Docks are typical in both commercial and residential settings. 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; This statement is true. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; This statement is true 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The dock, with no motorized boat access to the lake, is expected to be a quiet viewing area, and is not expected to impact the neighbors visually or audibly. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; Docks area common improvement in floodplains, no buffering or screening is recommended. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; No testimony has been offered that suggests the dock will establish a nuisance. 12) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafeaccess; The dock is to be used by tenants of the office building, is not open to the public; no additional traffic is expected in addition to traffic for the office building.