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<br />City Council Regular Meeting - 11/27/06 <br />Minutes - Page 7 <br /> <br />7. <br /> <br />Consider a Request by Cummings Mobility for a Conditional <br />Use Permit for Property at 1755 County Road C (PF 3767) <br />City Planner Thomas Paschke provided an extensive history of the <br />Cummings Mobility project, since 2005, in cooperation with the <br />City's Community Development Department for a Conditional <br />Use Permit for a motor vehicle dealership allowing the sale of <br />handicap accessible vehicles on the premises. Mr. Paschke <br />advised that this was a staff-driven request to make the applicant's <br />property a conforming use in the zoning district in which it was <br />located. Staff recommended approval, subject to the five <br />conditions listed in the staff report dated November 27,2006. <br /> <br />Councilmember Ihlan questioned how the proposed CUP could be <br />consistent with the City's Comprehensive Plan as part of the Twin <br />Lakes Business Park designation area and future zoning ofB-6. <br /> <br />Mr. Paschke advised that staff was proceeding with the 2005 <br />discussions, and City Attorney indication of the process to pursue. <br /> <br />City Attorney Anderson advised that case law supported the <br />current Zoning Ordinance governance over a Comprehensive Plan <br />as a guiding document anticipating future development. Mr. <br />Anderson further addressed CUP's (permanent) versus Interim <br />Use Permits; the commonality for non-conforming uses if zoning <br />changes were implemented in the future; and noted that the <br />current Zoning was Industrial, allowing for a CUP for the <br />proposed use. <br /> <br />Councilmember Ihlan reiterated her concern about future zoning <br />designation and inconsistencies with the Comprehensive in this <br />area. <br /> <br />Community Development Director John Stark concurred with <br />City Attorney Anderson's comments regarding the Zoning <br />Ordinance being the regulatory document for land use and the <br />Comprehensive Plan being a guide for land use; and the need for <br />staff to review and analyze conformance under those regulations <br />in a case by case review. Mr. Stark opined that, some <br />redevelopment plans may take 2-20 years to come to fruition; and <br />most communities allow site by site use under current regulatory <br />controls, pending redevelopment, which reduces the potential for <br /> <br />Cummings <br />Mobility CUP <br />1755 County Rd C <br />(PF 3767) <br />