Agenda - Planning Commission - 08/24/2023

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Commissioner Van Scoy stated that he has been on the Commission for decades and explained how they have used the CUP tool during that time, noting that he also found examples of flexibility from other cities. Planning Manager Larson commented that if a use comes up that is not listed for any zoning districts, the use could be added to the zoning district. He stated that the property could also be zoned PUD to allow that use. He stated that the examples that were found were more akin to the Interim Use Permit (IUP), something that is not specifically allowed in the zoning district but could be allowed for the time being until the district is more ripe for eventual development. City Attorney Knaak commented that the CUP process is a statutory process that has existed for a long time. He stated that there are some uses that are obviously allowed, whereas others are allowed but the City is allowed to impose reasonable conditions. He used the example of a gas station which may require additional conditions. He stated that there are times when a use comes forward that does not seem to fit into a zoning district and in those cases, the City could allow the use as an interim use. He explained that would allow both parties to think about whether the use would ultimately work in the proposed location for a set period of time, which can be done for up to five years. He stated that the use could be phased out after that time, or the City could renew the IUP or add the use to the district. He stated that it would seem that Commissioner Van Scoy is describing a variance, in the situation where something is not allowed under the Code. He noted that sometimes a variance can lead to a change in the Code as well. Commissioner Van Scoy stated that the current Code would seem to offer flexibility. City Attorney Knaak noted that the language referred to by Commissioner Van Scoy would provide that flexibility as to not get lost in the definition when the use is essentially the same. He provided the example of an electric vehicle charging station rather than a gas station and noted that the Council could make the determination that it could be allowed as it would essentially operate in the same manner as a gas station. Commissioner Van Scoy stated that he likes the language that is currently in Code. Planning Manager Larson explained that a conditional use is an allowed use and is not one that they can deny just because they do not like it or think there are enough of those businesses. He stated that the conditional use is a permitted use. Commissioner Van Scoy listed multiple cities which state that a City Council can deny a CUP. Planning Manager Larson confirmed that a CUP can be denied but there need to be justified reasons, it cannot be discretionary. He stated that if something comes forward that seems to be a good idea but does not seem to fit, staff would still bring that forward with considerations of how that could be done whether that is through an IUP, PUD, or Code amendment. Commissioner Van Scoy asked if the language is being changed because it offers flexibility. Planning Commission/ July 27, 2023 Page 5 of 18