Agenda - Council - 12/16/2003 - Laserfiche WebLink

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Intent: This section puts the property/business owners on notice that the subject properties zoned H-1 are in a state of transition, since they may be utilized for future improvements to Highway 10. In order to ensure desirable and appropriate development within the corridor, new uses and expanding existing uses will be subject to a Special Use Permit (SUP). It should be noted that all new development and building additions are still subject to Site Plan review as required by City Code. Standards for SUP: The ordinance outlines nine findings the City Council can use to approve or deny a SUP. These are standard findings used when granting or denying a CUP or IUP (i.e. impact on traffic, noise, general welfare, public services, etc). Two findings have been added to specifically address the H-1 district: 1) The use and/or size of the use will not be in conflict with the intent of the H-1 District to provide appropriate development along the Highway 10 corridor. 2)The use is reasonably related to the overall needs of the City and the existing land use in the Highway # 10 corridor. Permitted New Uses with a SUP: The uses stated in the H-1 District are the same as the current B-2 District with the exception of a permitting a hotel or motel. It would seem that a hotel or motel is not an appropriate use in this proposed district considering the subject area is in a state of transition. Existing Uses - Major Change: A section has been included stating that in instances where an existing use desires to expand (additions), construct accessory structures, or remodel or alter more than 35% of the gross exterior wall surface area they will be required to apply for a SUP. This will again allow the City Council the ability to adopt findings stating whether or not the addition, accessory structure, or remodeling, is appropriate in the Highway #10 corridor considering the ultimate use for the corridor. Existing Uses - Minor Change: In the event an existing use would like to alter 34% or less of their gross exterior wall surface area, alter more than 50% of the building interior, expand the parking lot, or resurface any impervious surface; these improvements could be approved at an administrative level. These are minor upgrades to a site and it would seem that the City may desire to be aware of such upgrades but not require the business owner to be put through the SUP process. Performance Standards - Currently the B-2 Business District allows for a total building square footage of 35% and is measured by the building footprint. The H-1 Highway district is proposing a building square footage of 25% and is measured by total gross square footage. As an example: currently under the B-2 District if a property owner has a 1-acre lot (43,560 square feet), they would be allowed a maximum building pad of 15,246 square feet, however they could then add one or two stories above the main level that would double or triple the amount of square footage on the site. The proposed H-1 ordinance would restrict structure size to a total of 10,890 square feet whether it is all on one level or spread out over two or three stories. Termination: A special use permit shall terminate upon the occurrence of any of the following events: whichever occurs first: 1. Acquisition of the property for the improvements to Highway 10 2. A violation of conditions 3. Cessation of the use for 30 consecutive days