10-18-2004 Planning Packet - Laserfiche WebLink

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MK.MOR.4NDIM To: From: Date: Subject: Chair Ra!ui and Planning Commissioners Mike Gaffron, Planning Director September 17,2004 r-^ ^04-3024B Proposed Zoning Code Amendment: Section 78<1577(c) - Consider CUP for N’ehicic Storage (>i4,ooo lbs c\ \\> on Residential Property Attachments A - Draft Ordinance .Amendment for CLT^ B • Memo and Exhibits of August 26,2004 At your August 31 work session. Planning Commission rev^f-ed the pro's and con’s of allowing large vehicle storage as a conditional use, to be lunited to just thcii pio(. cn. that hast had large vcliicle storage in the past. Planning Commissiem agreed with staff that there may be a number of pit falls to * ic CUP, but also asked that we have the City Attorney confirm whether it is legal and advisable to limit t CUP to just those existing users, and'or what otlier options we have for grandfathering existing users. The City Attorney has indicated he believes Uic CUP can be established for just the existing users, w ho would have to apply for the CUP and prove they have stored large vehicles for some pnor period of time. He beiie\‘cs this is an excellent method to allow the use to continue under controlled conditions, w iihout allowing new such uses to occur. One of staffs concerns w as that establishing a Cl T for only existing users would send a wrong message that the use is generally allowed in a zoning district. The Attorney thinks that it can be written in a manner that makes it clear that the use is not generally acceptable, and the CUP places perfonnance standards on the existing users to make their continued use acceptable until it goes away of its own volition The issue of a CUP for large v elude storage has been pubhshed for a public hearing for September 20, and we are advised that at least one member of the public maybe in attendance to comment. Exhibit A is a draft ordinance amendment that revises the language o: die current ordinance and ad^'. s a CUP entry to the Conditional use section of the 2-acre and 5-acre zoning districts. A preamble is added describing the reasons w hy this use is a CUP for existing situations on lots less th.Ji 5 acres and only for pre-existing users Staff Recommendation Hold the public hearing and considc whetha J.t CUPo: Ion is uable and whether the current ordinaiKe conditions are appropriate or stringent cnoi.^ for properties under 5 acres with pre-existing users. Considermorc restrictive standards in terms of screening, setbacks, etc for smaller lot situations. Finally, consider whether we should ^proach this fiom the standpoint of an Interim Use(w'c w'ould have to add an Interim Use ordinance to the zoning code) rather than a more permanent Conditional Use...