08-24-1998 Council Packet - Laserfiche WebLink

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Interim Uses Zoning Amendment August 19,1998 Page 2 3. permission of the use will not impose additional costs on the public if it is necessary for the public to take the land in the future; and 4, the user agrees to any conditions that the governing body (City Council) deems appropriate for permission of the use. Applicability The potential number of properties in locations where an Interim Use ordinance might apply is very limited, and appropriate conditions can be placed on individual uses or on all uses. Also, Council might wish to have the ordinance apply only to certain zoning districts, or only to properties that have an existing building, or only to areas that have been formally identified as scheduled for future comprehensive plan or zoning changes, or only to those properties which will be taken for right-of- ways (see Planning Commisssion recommendation). Planning Commission Recommendation Planning Commission reviewed the draft ordinance at a work session held on August 14 and again at a public hearing on August 17. At the work session. Planning Commission concluded that Council should have broad discretion in allowing Interim Uses, and that it would no! be appropriate to limit the potential uses by requiring that a list of allowable Interim Uses be created for each zoning district. It was recognized that lack of a list would make it more difficult for a property owner to determine whether a given use might be approved, and might result in the Council being asked to consider any number of possible uses. At the August 1 7 hearing no members of the public chose to comment. Planning Commission voted 6-0 to recommend adoption of the ordinance without a use list requirement. Planning Commission acknowledged the City Attorney's concern that without a list of allowable uses, the Council would have such broad discretion to approve uses that claims of "spot zoninp" might be heard, and what is approved for one property on an interim basis might also have to be approved for other properties in similar situations. Planning Commission also considered whether applicability of the ordinance should be limited to a specific geographic area, and recommended that it apply to the Highway 12 corridor areas only. They did not define specific boundaries for such corridor, leaving it to Council to do so. Staff wotftd suggest that the corridor be defined as 1) Properties that abut existing Highway 12; 2) Properties that either will abut ftiture Highway 12 or will be partially or fully acquired for future Highway ,12 right-of way. The attached ordinance incorporates this "applicable area" limitation.