Minutes - Council - 10/30/1990 - Special

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amendment following its introduction. Mr. Hartley indicated that whenever the City rezones more than five acres, there is not a requirement for a mailed notice to each individual regarding the change. The City did have a heating at the Ramsey Elementary School and considerable effort was made to get that message to the public. Mr. Hartley also noted that the Economic Development Commission appeared before the Planning and Zoning Commission and one of the recommendations of the Economic Development Commission was acted upon by the Planning and Zoning Commission. Mr. Hartley agreed that there are very significant changes impounded in the ordinance amendment, however, some of the more significant items have since been deleted from the draft. For instance, there was a section that would require the discontinuation of all nonconforming uses. That section has been revised to indicate that the only nonconforming uses that must be discontinued under the proposed ordinance amendment are nonconforming uses that create a hazard to the public. Mr. Hartley noted that it is very critical that this proposed zoning ordinance amendment be adopted before the moratorium ordinance on the citing of adult uses lapses. Mr. Hartley explained that if, after the ordinance amendment is adopted, it is found that some provisions are too onerous, they could be repealed. Mr. Hartley stated that two new zones were created in order to avoid opening up all of the City's industrial and business property to adult uses. Mr. Hartley stated that as a result of the Economic Development Commission comments to the Planning and Zoning Commission, the Planning and Zoning Commission is recommending that the ordinance amendment be modified to indicate that exterior storage be allowed as an accessory use in the industrial district, the rural industrial district and the business warehouse district and that exterior storage with screening be allowed as a principal use in these same districts. Commissioner Deemer disagreed and stated that the intent of the Planning and Zoning Commission was to amend the zoning ordinance to indicate that outdoor storage as an accessory use to the principal permitted use would be allowed without a conditional use permit and that outdoor storage as a principal use would be allowed under a conditional use permit. Commissioner Deemer stated that another major revision to the proposed zoning amendment made by the Planning and Zoning Commission was that the distance requirement for adult uses be increased from 750' to 1000'. Councilmember Pearson requested additional explanation of the proposal to make the City Council the Board of Adjustment. Mr. Hartley stated that the City Council, as the governing body, adopts ordinances and if there is going to be a deviation from those ordinances through variances, then the governing body that established those standards should be the appellate level. On the other hand, the City Council, as a governing body, often takes recommendations from the Planning and Zoning Commission who deals with planning and zoning on a day-to-day basis. The City Council may choose to retain the Planning and Zoning Commission as the Board of Adjustment since they deal with zoning on a day- to-day basis and may be more knowledgeable in that area. Councilmember Peterson requested that City staff and the Planning and Zoning Commission clarify the recommendation for exterior storage in the various districts listed in the new ordinance amendment. Mr. Hartley referred to the recommendation of the Planning and Zoning Commission to modify the ordinance amendment to require a distance of 1000' versus 750' for adult uses. Mr. Hartley indicated that the attorneys want an ordinance that will stand the test of the Constitution and they feel more comfortable with a 750' distance requirement. City Council/October 30, 1990 Page 2 of 3