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c. That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. d. That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. e. That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. 8. The Planning Commission determined the special use permit criteria were met based on the following: a. The sales use will be complimentary to the existing truck and trailer repair use. b. Since the site does not have frontage on a public roadway, the aesthetic impact to the public of the sales use will be minimal. c. Various site improvements are proposed that will overall have a positive impact to the property and to the properties in the immediate vicinity. d. Adequate access to utilities and roadways is present and drainage will not be negatively impacted. e. Security gates, fencing, and lighting will make the property safer. f. The number and extent of existing nonconformities are being greatly reduced. g. All other requirements of the Zoning Code are being met. 9. The Planning Commission determined the following nonconformities exist on the site: a. Northern and eastern side yard parking lot setbacks less than 5'. b. Outdoor storage not fully screened from public view of I -35W (rear yard). 10. The Planning Commission considered the Nonconforming Use Permit in accordance with the following criteria of Section 8-460 (2): a. The total number of nonconformities is reduced. b. The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent. c. The extent of any nonconformity is reduced where practical. 11. The Planning Commission found the nonconforming use permit criteria are met based on the following: a. Elimination of the nonconforming parking lot setback to the east. b. Reduction of the nonconforming setback to the north by approximately 50%. c. Creation of a cleaner well maintained parking area with new landscaping that reduces the visual impact as viewed from the rear yard of I -35W. Now THEREFORE BE IT RESOLVED, that based upon the above Findings of Fact the application for a Site Plan (LP2015-003), Special Use Permit (SP2015-008), and Nonconforming Use Permit (NC2015-002), are hereby approved, subject to the following conditions: 1. The site is improved in accordance with the plans submitted and attached to this report. 2. The proposed landscaping depicted on Sheet L1-1: Rendered Landscape Plan shall be fully implemented. 3. The outdoor truck and trailer sales and repair stocks shall be kept in the hashed areas or in designated parking stalls as depicted on Sheet L1-1: Rendered Landscape Plan. 4. All sales stock stored on the property shall be well maintained and in operable condition. 2