2020-01-22 CC Packet - Laserfiche WebLink

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