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2020-01-22 CC Packet
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2020-01-22 CC Packet
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For example, the City might place a condition stating that the facility shall have an <br />adequate number of staff with training to handle non -emergency situations such as lift - <br />assistance and illnesses. The City could also choose to set up a fee in -lieu of service, in <br />which the facility would be allowed to call emergency services a certain reasonable <br />number of times per year but would be required to pay for services should calls <br />become excessive. These conditions could be included in a conditional use permit. <br />The State will review and approve the applicant's operating policies and procedures <br />during its licensure approval process. That process will likely occur at some point during <br />the next year. After that process is complete, the City will know the applicant's State - <br />mandated operating policies and procedures. Moreover, the City may gain valuable <br />insight into the applicant's operations as a result of the State's process. The City should <br />use information gained from the State's licensure process to augment its decision - <br />making related to the applicant's request for a Conditional Use Permit. <br />If the Commission wants to consider information from the State's process as part of its <br />decision -making related to a Conditional Use Permit, the Commission has two choices: <br />1) deny the Conditional Use Permit and wait for the licensing process to occur, or; 2) <br />grant an Interim Use Permit allowing the applicant to go forward with property <br />development while completing the licensing process. <br />RECOMMENDATION <br />The City Attorney recommends granting an Interim Use Permit for a limited scope and <br />duration affording the applicant the opportunity to obtain licensure to operate the <br />facility and satisfy the stated public safety concerns. The additional reasons for granting <br />this permit are set forth in the memorandum from the City Planners. Please note that to <br />grant the Interim Use Permit, technically speaking, the Commission is denying the <br />current request for a Conditional Use Permit, and instead, granting an Interim Use <br />Permit. <br />The Interim Use Permit should be renewed annually until the State licenses the applicant <br />to operate its facility. Thereafter, the City can observe and study their operations to <br />determine whether to institute conditions to insure that the City will not incur <br />unreasonable cost increases for emergency services due to their staffing decisions. <br />Thereafter, they must obtain a Conditional Use Permit to continue operating. The <br />Planning and Zoning Commission felt that a one-year period of observation would be <br />appropriate. <br />The Zoning Code, in 156.330(C), states the way in which an Interim Use Permit may be <br />used. The phrases in bold are intended to emphasize relevant information. <br />(1) An Interim Use Permit may be granted for the following uses only: <br />(a) Any use specifically listed as a Conditional Use or Interim Use in the <br />3 <br />
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