Agenda - Council - 10/23/2012 - Laserfiche WebLink

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CC Regular Session Meeting Date: 10/23/2012 By: Chris Anderson, Community Development Information 6. 1. Title: PUBLIC HEARING (continued): Consider Extension or Revocation of a Conditional Use Permit for Motor Vehicle Sales at 8175 Riverdale Dr NW; Case of Quality RV Background: On December 13, 2011, the City Council approved a conditional use permit (the "Permit") for motor vehicle sales in the B-2 Business District for Quality RV (the "Permittee"). The Permit granted several deviations from City Code including the temporary use of an unimproved surface for display of inventory and allowing class V gravel rather than pavement and curb and gutter. The Permit stated that both the temporary use of the unimproved surface and the installation of class V gravel shall be completed no later than June 30, 2012 and that grading and drainage plans must be submitted and approved by June 30, 2012 to initiate the Permit. When it became apparent that the required improvements were not going to be completed by June 30, 2012, a case was brought forward to City Council to discuss various options to address this matter. At the July 10, 2012 meeting, City Council granted a sixty (60) day extension (end date of September 8) to provide additional time for the required site improvements to be completed. To date, the improvements have not been completed or initiated; however, during the week of October 1, 2012, the Permittee submitted grading, drainage and surfacing plans to the City as well as to the WMO for consideration of the required improvements. Notification: City Code does not outline any specific procedural process for notification when considering the possible revocation of a conditional use permit. Notices of the the public hearing were sent by certified mail to both the Permittee and the Property Owner. Observations: The Permit allowed for the temporary use of an unimproved surface for parking and display of merchandise. This provision was granted to accommodate the Permittee relocating to the Subject Property during the winter, during which time surfacing work could not be completed. The Permit also allowed the Permittee to utilize class V gravel instead of pavement and curb and gutter. This provision was approved due to the impacts to the Subject Property from the potential Highway 10/Armstrong Blvd interchange project. The Permit allowed for the use of the unimproved surface until June 30, 2012 and required the installation of the class V gravel by June 30, 2012 as well. Although the Permittee was comfortable with the June 30, 2012 deadline (as well as the sixty [60] day extension time frame), the improvements have not yet been completed and thus, they are in violation of the terms of the Permit. It is noted that under lawful, non -conforming status of the original use, the Applicant could reduce inventory to only that which could be accommodated on the existing paved surface, and not need the issuance of a Conditional Use Permit. There are two options that could be considered to address this matter: • Consider a second extension to allow the Permittee to complete the required improvements; or . Revoke the Permit for violating the terms of the Permit. Part of the reason the Permit was required initially was due to the fact that the Permittee was going to be expanding a lawful, non -conforming use on the Subject Property. After learning of the potential interchange project, the Permittee also sought approval for utilizing an alternative surface (class V gravel). It should be noted that the use (motor vehicle sales) could continue on the site without a conditional use permit as long as it was restricted to the