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“Limited warehousing and distribution” is currently defined as “An establishment providing 72 storage and distribution of merchandise and bulk goods, including those associated with a 73 limited production and processing use, and which use shall involve pick-up, cargo and/or cube 74 variety trucks to distribute goods.” 75 If the attached text amendments were to be approved as permitted uses, there would not be any 76 public hearing or City Council approval for these uses in the CMU district. The “Limited 77 warehousing and distribution” use does have a condition that there can be no more than 8 cargo 78 vehicles. The “Limited production/processing – principal use” would not have any associated 79 conditions as proposed. 80 If the City Council is not comfortable with having any of the uses be permitted uses, they could 81 be modified in order to be conditional uses or not permitted uses. 82 If the City Council desires conditional uses, draft conditions would be created and brought back 83 for approval. Conditional uses would involve a public hearing process as well as increased 84 flexibility to adjust conditions to the individual situation. Conditional uses do run with the land. 85 IU NTERIMSES 86 Interim uses are regulated by §1009.03 and as currently written, are limited in their ability to be 87 used as a “bridge” between nonconforming and conforming uses because there is language that 88 limits the IUP to no more than 5 years. This limitation is not a limitation due to state statutes. 89 The distinguishing factors for IUPs is that the use is one that, for whatever reason, the City is not 90 comfortable with granting a permanent approval but will allow the use for a temporary time 91 period that is either defined by a definite date or a definable event (such as “until the property is 92 demolished” or “until sanitary sewer service is extended to the lot”). 93 If the City Council desired to have more control over the nonconforming use situation in Twin 94 Lakes, IUPs could be a tool to consider. As a site specific tool, the IUP could regulate the same 95 use differently based on the conditions of the site, adjacent uses, building conditions, etc. The 96 City Council could even adjust the length of time it was willing to grant the IUP based on its 97 perception of when the area would be likely to be experiencing redevelopment pressure. 98 PO OLICYBJECTIVE 99 There are several policy direction requests associated with this item 100 1.The goal of this discussion is to provide staff with policy clarification regarding the 101 preferred method(s) to regulate nonconforming uses as outlined in lines 20-33 above. 102 2.Provide direction to staff as to whether changes should be considered to the Interim Use 103 regulations in order to provide additional flexibility to the City Council for creating IUPs 104 with longer terms than five years. 105 3.Provide direction as to whether the City Council would like staff to take additional 106 measures to satisfy the requirements of Vogel Sheetmetal’s lenders. (Vogel is fully able 107 to open its doors as far as City approvals are concerned but the lenders seek additional 108 approval certainty for a 20 year time period.) 109 BI UDGET MPLICATIONS 110 There are no direct impacts to the budget with this item. 111 Page 3 of 4