2014_0915_CCpacket - Laserfiche WebLink

Home

factors such as the length of time it may stay and the operating conditions. IUPs are also 30 used because they are more tightly focused to the conditions at that particular location 31 and therefore don’t establish some of the issues with “precedent” that can occur with 32 other approvals, such as conditional use permits. 33 Traditionally, the Planning Division has taken an approach with nonconforming uses that falls 34 more into the first category. The Planning Division has determined that in a mutli-tenant 35 building that contains nonconforming uses, a landlord may replace a use in any location in the 36 multi-tenant building with any nonconforming use (or similar nonconforming use) that has been 37 located within any suite within that multi-tenant building in the last year. 38 VS OGELHEETMETAL 39 In advance of the proposed text amendments, an Interim Use Permit (IUP) was granted to Vogel 40 Sheetmetal with a five year expiration (see Attachment B). This IUP has generally been well 41 received by the adjacent neighborhood based on comments received by the Community 42 Development Department. Vogel is moving into the former Aramark industrial building that is 43 zoned for High Density Residential. The building had remained vacant for over a year which 44 means there were no legally grandfathered nonconforming uses for the building. 45 Recently, staff has been made aware that Vogel is having difficulties financing its relocation 46 because its lender will not accept a 5 year IUP as sufficient assurance of being a permitted use. 47 The financing Vogel is seeking has a 20 year term. This issue has increased the urgency for 48 clarifying the desired approach forward. 49 As this RCA was being prepared, Vogel’s lender informed them that they would not lend based 50 on an extended Interim Use Permit because it is attached to the business and their improvements 51 will be attached to the land. At this time, it appears the only approval solution that will satisfy 52 Vogel’s lender are the tabled comprehensive plan amendment, rezoning of their property to 53 CMU and approval of the “limited production and processing” aspect of tabled code 54 amendments. 55 PTA REVIOUS EXT MENDMENT 56 The attached text amendments attempted to minimize the impacts of the nonconforming use 57 issues by adding some light industrial uses to the permitted use category for the CMU District. 58 These uses included: 59 Limited Production and Processing with an expanded definition to include assembly, 60 reassembly, manufacturing and warehousing 61 Expanding the definition of Office to include lab, research and development, high-tech 62 reassembly/assembly and/or manufacturing, warehousing and limited distribution 63 Limited warehousing and distribution as either a permitted or conditional use 64 65 ”Limited production/processing – principal use” is currently defined as “Light manufacturing, 66 fabrication, assembly, processing, packaging, research, development, or similar principal or 67 primary uses which are predominantly conducted indoors and which would not be disruptive of 68 or incompatible with other office, retail, or service uses that may be in the same building or 69 complex. Limited production/processing as a principal/primary use generally does not include 70 industrial processing from raw materials.” 71 Page 2 of 4