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� <br /> #11-3500 Boat Clubs <br /> March 17,2011 <br /> Page 4 <br /> What Are the Options? StafF would suggest there are a number of options for Planning <br /> Commission to consider: <br /> A) No Chan�e. Recommend no changes, continue the current status of boat clubs as a <br /> conditional use, and establish appropriate conditions for a given site at the time a CUP is <br /> requested. However, whatever conditions are established that would allow the City to <br /> limit or curtail the use in the future must articulate a rational basis for such curtailment. <br /> In other words, it is not enough to have a condition that the business can be curtailed if <br /> the Council decides there is a parking problem. It would be defensible however, if there <br /> is a numerical parking standard that we can show is not being met. <br /> B) Revise Boat Club Conditional Use Standards. In this option,Planning Commission could <br /> recommend that a numerical standard be established for parking relative to the number of <br /> boat club boats being operated. Adding a numerical standard creates an administrative <br /> tool that would automatically limit the allowed use to a certain level; the counter <br /> argument is that a numerical standard may be viewed by those being regulated as <br /> arbitrary and anti-business. <br /> Adding language that merely mirrors the provisions of Operational Standard (1) will <br /> again ultimately yield arguments at such future time it is being enforced, as to how it was <br /> determined that parking is a problem. <br /> Similarly, adding language that allows the City to review the use if parking becomes an <br /> issue, similar to the conditions placed on the 1995 CUP for Sailors World, becomes <br /> difficult to enforce unless it contains some verifiable standards by which to measure <br /> compliance. <br /> C) Interim Use Permit. The Interim Use Permit is a tool that might be very appropriate for <br /> the boat club use. An ItJP does not grant permanent rights that stay with the property; it <br /> can contain sunset provisions that make the use disappear if certain triggers are met. It <br /> can be subject to regular review. The NP is especially applicable in situations where the <br /> City is concerned about the impacts of a use and doesn't want to make a permanent <br /> commitment to allow the use. It is generally more acceptable for uses that do not require <br /> investments in infrastructure such as buildings,roads, etc. <br /> Planning Commission could recommend that the zoning code be amended by (a) <br /> adopting provisions to allow Interim Use Permits and then (b) removing boat clubs from <br /> the list of B-2 conditional uses and adding them to a new list of interim uses allowed in <br /> the B-2 District. Then, any request for a boat club CUP would be granted as an Interim <br /> Use Pernut, perhaps requiring a review or renewal every 2-3 years to determine whether <br /> or not the use should be allowed to continue. The basis for doing so would be that the <br /> boat club use may be appropriate under a given level of operation but if it becomes <br /> problematic, conditions would be in place to curtail or eliminate the boat club use. <br /> D) Make Boat Clubs an Accessorv Use. If Planning Commission feels that regulation of <br /> boat clubs as a conditional use is not appropriate because issuance of a CUP grants a <br /> perxnanent right to that use, an option might be to change their status to an allowed <br />