03-20-2017 Planning Commission Packet

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Item 16 fitofiV14 To: Chair Thiesse and Planning Commission Members Doug Reeder, City Administrator l'kF5HOl-f" From: Jeremy Barnhart, Community Development Director Date: March 20, 2017 Subject: #17-3924, City of Orono,Text Amendment: Petition to repeal CUP Public Hearing Application Summary: The draft ordinance removes the ability for a group of residents to petition the Council to review a lawfully conducted Conditional Use Permit. This authority does not exist in the state statute. Staff Recommendation: Planning Department Staff recommends approval of the ordinance as drafted. Background The City Code includes a provision that "upon petition of 75 percent or more of the adjacent property owners (defined here as those whose property lies within 1,000 feet of the property subject to the conditional use permit),the council shall hold a public hearing on the continuation of the permit.The council shall determine, after such public hearing,whether the continuation of the conditional use in question is consistent with the health,safety and general welfare of the residents of the city. The council may, after such petition and hearing, continue the conditional use permit unchanged; approve a new permit with such additional conditions as may be necessary to protect health, safety or general welfare;or terminate the existing conditional use permit." There is no authority for the City Council to alter a conforming permit unless requested by the applicant. The right to petition gives neighbors a false sense of authority, and should be removed, at the recommendation of the City Attorney. Public Comments To date, no public comments have been received. Issues for Consideration 1. Is the proposed ordinance appropriate given its goals? 2. Should additional changes be introduced? List of Exhibits Exhibit A. Draft Ordinance Exhibit B. Existing Ordinance Exhibit C. State Statute 462.3595