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DPZA ETAILED ROPOSALAND ONING NALYSIS 1 Boaters Outlet has beenservicing andseasonally storing boats outdoors,as an interim use, along 2 the eastern side of the property since 2004; City Council Resolution 10770 approving the 3 currently-validinterim use and the basic site plan of theapproved outdoor storage area are 4 included with thisRPCA as Attachment C. Through this entiretime, no complaints about 5 Boaters Outlet have been brought to the attention of City staff. 6 In 2004, Boaters Outlet’s proposed activities were allowed as conditional uses, but an interim 7 ordinance (i.e., a moratorium) in effect at the time prohibited outdoor storage in all of the Twin 8 Lakes area. Since the moratorium wasn’t intended to prevent this particular sort of service and 9 outdoor storage in this part of the Twin Lakes area, the interim use was a tool to accommodate 10 the initial proposal. Then, in 2009, the interim ordinance had expired and the same industrial 11 zoning regulations were in effect, but the City Council was apprehensive about approving the 12 service and outdoor storage as a conditional use, which is a permanent approval, in a location 13 that hadthe potential to be redeveloped in the near future. Once again, the interim use approval 14 was a tool for allowing the activities to continue without the kind of permanent approval that 15 could inadvertently delay redevelopment. 16 In 2010, the zoning designation of the property was changed to the current CMU district, which 17 didn’t allow outdoor storage of any kind and, in2013,the CMU regulations were amended to 18 allow motor vehicle service andoutdoor storage of “inoperable vehicles or equipment”as 19 conditionaluses, but the CMU district still prohibits outdoor storage of “equipment and goods.” 20 The retail sales component of Boaters Outlet’s business is permitted in the CMU district 21 (although the sale of boats is not permitted)and the proposed service activity is a conditional use, 22 butboats wrapped for winter storage resemble some elements of the definitions of both 23 “inoperable vehicles” and “equipment and goods,” so it is not entirely clear how the CMU 24 district would regulate the outdoor storage of the boats. Given this uncertainty,along with the 25 fact that redevelopment proposals throughout Twin Lakes are presently even more numerous 26 than they were five or ten years ago (making redevelopment of the subject property asimminent 27 now as atany time in the last decade), Planning Division staff recommends addressing the 28 application to continue servicing and storing boats as an interim use. 29 RIUA EVIEW OF NTERIM SE PPLICATION 30 An applicant seeking approval of an interim use is required to hold an open house meeting to 31 inform the surrounding property owners and other interested attendees of the proposal, to answer 32 questions, and to solicit feedback. The open house for this application was held on November 17, 33 2014; four people attended the meeting and were largely supportive in their comments. Open 34 house meeting materials, including the applicant’s summary of the meeting and a follow-up 35 email from one of the attendees, is included with this RPCA as Attachment D. 36 Section 1009.03 of the City Code establishes the regulations pertaining to interim uses. 37 The purpose statement for this section indicates the following:Certain land uses might 38 not be consistent with the land uses designated in the Comprehensive Land Use Plan, and 39 they might also fail to meet all of the zoning standards established for the district within 40 which they are proposed; some such land uses may, however, be acceptable or even 41 beneficial if reviewed and provisionally approved for a limited period of time. The 42 purpose of the interim use review process is to allow the approval of interim uses on a 43 case-by-case basis; approved interim uses shall have a definite end date and may be 44 PF09-025_RPCA_120314 Page 2of 4