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CONDITIONAL USE) approval in order to bnng the Boater's Outlet use into compliance with the zoning ordinance. 4.3 Although the Planning Commission unanimously supported the approval of the proposed CoND1T1oNAL uSE, the City Council was not entirely comfortable with the permanent approval of the outdoor storage use in the Twin Lakes area. The coN�tT�otvaL usE application has since been withdrawn, and this cNTEx�Nt usE request has been submitted in its place to temporarily allow the storage of boats outside both for customers whose boats are awaiting repairs and the seasonal storage of boats over the winter. SA INTERIM USE APPLICATIONS Section 1012.09 (Interim Uses) of the City Code establishes the regulations pertaining to INTERIM USES. 5.1 Section 1012.09A states: The City Council may authorize an interim use of property. Interim uses may not be consistent with the land uses designated on the adopted Land Use Plan. They may also fail to meet all of the zoning standards established for the district within which it is located. 5.2 Section 1012.09B states: The City Council may attach conditions to Interim Use Permits [sic]. In reviewing [suchJ applications, the City will establish a specific date or event that will terminate the use on the property. The Council will also determine that the approval of the interim use would not result in adverse effects on the public health, safery, and general welfare, and that it will not impose additional costs on the public if it is necessary for the public to take the property in the future. 5.3 An applicant seeking approval an �1vTEx�M USE is required to hold an open house meeting to inform the surrounding property owners and other interested attendees of the proposal, to answer questions, and to solicit feedback. The open house was held on December 1, 2009; nobody attended the open house meeting. 6.O STAFF COMMENTS 6.1 Interim uses typically represent departures from what is allowed by the normal zoning requirements; although the current General Industrial (I-2) District allows outdoor storage as a conditional use, the I-2 zoning appears to be in conflict with the Community Mixed Use (CMU) land use designation of newly-adopted Comprehensive Plan. Planning Division staff anticipates, therefore, that in the coming months the City will be rezoning the property to a zoning classification that has not yet been defined but that will be consistent with the CMU land use designation, which may cause the outdoor storage to become a legal, nonconforming use. 6.2 Whereas the permanent approval of the proposed outdoor storage as a Co1vDIT�ONAL USE might inadvertently create a long-term nonconformity once the zoning regulations have been updated, temporary approval of the use would avoid this perceived problem by ensuring that the approval expires on a pre-determined date or when the use is discontinued, whichever comes first. Since Boater's Outlet has proven to be a stable and cooperative business since the use was first approved in 2004, Planning Division staff recommends approving the [NTER�M usE with the maximum duration of 5 years. If the respective owners of the business and of the property agree that the use should continue beyond the 5-year limit, they may apply for renewed approval of the ItvTER1M usE. PF09-025 RPCA 121609 Page 2 of 3 � �