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REQUEST FOR COUNCIL ACTION <br />DATE: September 8, 1994 <br />ITEM NO.: <br />Department Approval: <br />Name Michael P. Gaffron <br />Title Asst. Plamung & Zoning Administrator <br />Administrator Reviewed:Agenda Section: <br />Zoning <br />Item Description: B-2 Zoning District Amendment <br />List of Exhibits <br />A - Proposed Amendment <br />B - Staff Memo 5/31/94 <br />C - Kevin Staunton Memo 7/22/94 <br />B.ickground <br />In 1993 Council directed Planning Commission to review and make recommendations regarding <br />the B-2 Zoning District ordinances. Planning Commission has completed that review, resulting <br />in the attached ordinance recommendation. Further background regarding the content ami <br />process resulting in this proposed ordinance is provided in E.xhibit B, and in the 1" thick blue- <br />covered document compilation which Council received earlier this summer. <br />Regulation of Operation (Uses) <br />The proposed ordinance revisions incorporate a *umber of new uses which Council suggested <br />should be regulated. The majority of recommended changes do in fact relate to the use of the <br />property rather than the physical aspects of the propeny. Planning Commission concluded that <br />rela.xina the lot area/width/setback/hardcover standards to match the reality of our e.xisting <br />marinas was not appropriate. Planning Commission did suggest that those marinas requesting <br />a conditional use permit for a use which they have not had in the past should be required to meet <br />the landscaping re(.,uirements. <br />Planning Commission reviewed the proposed ordinance with Kevin Staunton. His memo briefly <br />addresses enforceability of the proposed code, and suggests that operational activities might be <br />better regulated by licensing. Perhaps the downfall of regulating by license in the past was a <br />combinarion of encumbering the license with requirements to make physical changes to the <br />marina proper, and denial of licenses when that did not occur, but taking no legal action nor <br />imposing sanctions for noncompliance.