Agenda - Planning Commission - 10/15/2015

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Observations/Alternatives: Observations In discussing the matter with the City Attorney, the City Attorney's legal opinion is that the City should process a Comprehensive Plan Amendment and Zoning Amendment. The 'Official Control' for regulating land use is the Zoning Code and Zoning Map. It would appear that the B-1 General Business District is the most appropriate existing Zoning District to apply to this situation. The Official Zoning Map must be consistent with the Comprehensive Plan, which is the first step in establishing a land use vision and development standards for a community, which is why there are two (2) separate actions for this case. The purpose of the Commercial land use designation in the Comprehensive Plan is to include a range of neighborhood and community commercial/retail development. The intent of the B-1 General Business District is to provide a commercial area for goods and services for the surrounding neighborhoods and community on a smaller scale than the B-2 Highway Commercial District (Highway 10). Secondary Outcomes Part of the original attractiveness of utilization of the Conditional Use Permit is the ability for the City to limit the types of uses of the Property beyond an underlying commercial zoning district. By taking this action, the Property is then eligible for additional uses that were not part of the current Conditional Use Permit. However, as reviewed by the City Attorney based on current Zoning Code and case law, the Conditional Use Permit is no longer an acceptable tool to apply to allow for the current use. The types of uses that would now be allowed would include enclosed retail activities without outdoor activities, restaurants and cafes, offices and banks, personal and professional services, funeral homes, medical clinics, laundromat, self-service washing and drying, dry cleaning, animal clinics and indoor small animal boarding facilities, adult uses - accessory, convenience grocery and/or food operations, and off -sale liquor. The amendment would also allow animal clinics and outside small animal boarding facilities, commercial carwashes (drive through, mechanical, self service), convenience gas (no vehicle service or repair), day care centers, on -sale liquor, uses with drive through service, oversizing of signs, expansion or enlargement of lawful nonconforming uses, cell towers, and wind energy systems by Conditional Use Permit. Alternatives Alternative #1 - Recommend that the City Council approve the Comprehensive Plan Amendment and Zoning Amendment. Although this opens up additional potential future uses, it appears to be the most appropriate tool to apply to the current use as previously approved by the City. Alternative #2 - Recommend that the City Council deny the Comprehensive Plan Amendment and Zoning Amendment. The current uses would be allowed to continue without expansion provided that the uses are not terminated for a period longer than twelve (12) months. The deli operation appears to have been vacant for a period of at least twelve (12) months and therefore is no longer allowed. If the current uses terminated for more than twelve (12) months, future uses would need to be consistent with the R-1 Residential (MUSA) District, which would essentially mean that the structure must be used as a single-family dwelling or a Place of Worship with the issuance of a new Conditional Use Permit. The City could then re-evaluate an amendment to the Comprehensive Plan and Official Zoning Map at that time. Alternative #3 - Establish a new Zoning District for the City that included its own list of Permitted and Conditional Uses. For example, as it could apply to this situation, the City could establish a Neighborhood Office District that had a smaller sub -set of the B-1 General Business District. Staff would anticipate that the neighborhood would be most concerned with retail type uses such as convenience stores and gas stations. Funding Source: