Agenda - Council - 08/27/2013 - Laserfiche WebLink

Home

• Utilized to expand existing parking, maneuvering and display areas only • A minimum setback of five (5) feet from the edge of stormwater ponds and other sloped areas (to prevent erosion issues) • A minimum setback of twenty (20) feet from all right of way lines (existing code provision) • Area should be screened; opaque fence acceptable • Encouragement of additional vegetative screening (not required); City reserves right to require additional vegetative screening if necessary to mitigate identified concern(s) on a specific parcel • Class V gravel, recycled concrete, and recycled asphalt are identified as the acceptable alternatives The recommended process for approval of alternative surfaces in this scenario is the granting of an Interim Use Permit. An Interim Use Permit is a tool available to the City to permit a use that may be acceptable under current circumstances, but would not be acceptable in the future. The termination date shall be tied to an identifiable date or event in the future. In this case, the eventual conversion of Highway 10 to freeway status and acquisition of entire parcels provides an event that may make this interim use acceptable today, but not acceptable when Highway 10 is eventually upgraded. City Code allows interim uses to be approved for a maximum of five (5) years unless otherwise approved by City Council. City Code states the following in regards to interim uses: Sec. 117-52. - Interim use permits.' (a) Purpose. The purpose and intent of allowing interim uses is: (1) To allow a use for a limited period of time that reasonably utilizes the property where it is not reasonable to utilize it in the manner provided in the comprehensive guide; and (2) To allow a use that is presently acceptable but that, with anticipated development will not be acceptable in the future. (b) Application, public hearing, notice and procedure. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for conditional use permits as provided insection 117-51 (c) Standards of issuance. (1) The planning commission may recommend an interim use permit and the council may issue such interim use permits only if it finds that: a. The use conforms to the zoning regulations; b. The date or event that will terminate the use can be identified with certainty; c. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d. The user agrees to any conditions that the city council deems appropriate for permission of the use. (2) Every interim use permit issued shall terminate upon a date or event that can be identified with certainty, with the maximum duration of five years from the date of approval, unless otherwise approved by the council. (3) The council may attach such conditions to the interim use permit as it deems necessary in order to carry out the intent and purpose of this chapter and protect the public health, safety and welfare. These conditions may include a financial surety in an amount sufficient to remove the interim use and interim structures upon expiration of the interim use permit. (d) Termination. An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs: (1) The date stated in the permit; (2) A violation of conditions and subsequent revocation of the permit; or (3) Revocation resulting from a cessation of the interim use for 30 consecutive days. Recent advancements in the Highway 10 project, most notably the successful grant application in the amount of ten million dollars towards the Armstrong Boulevard Interchange project, create a threshold in order to review performance standards in this interim area. The City continues to strive to strike a balance between aesthetics, equitable regulations, and areas in transition due to future public improvements. The Highway 10 corridor is a key node for the community, and therefore it is important to regularly review the City's ordinances and policies. Staff recommends that it is important to adopt this ordinance if the City Council desires to increase the flexibility in surfacing requirements. This will help the City clearly identify when the proposed surfaces are acceptable for use