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Attachment A <br />ЋАЏ <br />for that area defining what could or could not occur in a CMU District. However, Mr. Bilotta noted that <br />ЋАА <br />as a result of that planning exercise, the City Council may decide to rezone the area to something other <br />ЋАБ <br />than CMU that may require a regulating plan as well; or other zoning districts indicated for those areas <br />ЋАВ <br />or a part of those areas, or they could stay HDR, even though he didn't anticipate that happening. At <br />ЋБЉ <br />that point in time, Mr. Bilotta advised that the neighborhood and property owners would have a good <br />ЋБЊ <br />idea of why things are as they are, and key pieces would be identified, how they were defined in a plan, <br />ЋБЋ <br />and an understanding of what impacted that decision making with all parties clearly heard. Mr. Bilotta <br />ЋБЌ <br />opined this process would be good for the planning process for property owners and the neighborhood <br />ЋБЍ <br />to understand the overall vision and plan. <br />ЋБЎ <br />At the request of Mayor Roe, Mr. Bilotta advised that there was no reason that both processes could not <br />ЋБЏ <br />go on concurrently; but that the text amendment process would be pursued by staff no matter the results <br />ЋБА <br />of the second process. <br />ЋББ <br />At the request of Ms. McCormick, Mr. Bilotta confirmed that the public hearing for the text amendment <br />ЋБВ <br />would be held at the October 8, 2014 Planning Commission meeting. Mr. Bilotta clarified that Vogel <br />ЋВЉ <br />Sheetmetal could not apply for an extended Interim Use Permit until the text amendment was approved; <br />ЋВЊ <br />and further that the Planning Commission could not make any recommendation regarding the length of <br />ЋВЋ <br />an Interim Use Permit beyond what was contained in current code. Mr. Bilotta noted that the part that <br />ЋВЌ <br />can proceed ahead of this proposed process is consideration of the text amendment, but not anything <br />ЋВЍ <br />specifically related to the Vogel request for a longer-term Interim Use Permit; but would eventually <br />ЋВЎ <br />work into that approval process with relevant information from the neighborhood meetings as proposed. <br />ЋВЏ <br />At the request of Mayor Roe, Mr. Bilotta advised that a CMU zoning request had been received by staff <br />ЋВА <br />from Vogel Sheetmetal, but had not been formally reviewed by staff at this time. <br />ЋВБ <br />In expressing his concern with a twenty-year Interim Use (IU) Permit, Councilmember Willmus asked <br />ЋВВ <br />for an explanation of the process staff would pursue even at five year increments if noncompliance was <br />ЌЉЉ <br />found. <br />ЌЉЊ <br />Mr. Bilotta responded that, if it was found they were not meeting the conditions of the IU, the City had <br />ЌЉЋ <br />the ability to revoke it through a process to the City Council with evidence from staff of noncompliance <br />ЌЉЌ <br />and a subsequent determination, through a public hearing, to allow input from the property owner and <br />ЌЉЍ <br />community. <br />ЌЉЎ <br />Councilmember Willmus questioned if this process would be prolonged with attorney involvement <br />ЌЉЏ <br />versus simply having a five year IU that could lapse without renewal, providing for no discussion and <br />ЌЉА <br />no debate. Councilmember Willmus noted his concern in the difference in a five year IU citywide <br />ЌЉБ <br />versus a reactionary IU extended up to twenty years for one case or situation, especially when that <br />ЌЉВ <br />situation was immediately abutting residential properties. <br />ЌЊЉ <br />Mayor Roe noted tonight’s discussion revolving around the text amendment was to address any future <br />ЌЊЊ <br />application that came forward. <br />ЌЊЋ <br />Mr. Bilotta clarified that it may be that the City Council doesn’t approve a particular IU beyond five <br />ЌЊЌ <br />years, but this text amendment allowed them the flexibility to do so at their discretion. <br />ЌЊЍ <br />Councilmember Laliberte concurred with Councilmember Willmus; opining that in the course of daily <br />ЌЊЎ <br />business, she could not see the need for a twenty year CU beyond this issue; and no need to make a <br />ЌЊЏ <br />change based on one situation. <br />ЌЊА <br />Mayor Roe further noted that, under the existing IU, if there was a change of zoning and the Vogel <br />ЌЊБ <br />Sheetmetal operation became a permitted use under that rezoning, there would no longer be a need for <br />ЌЊВ <br />an IU and it could lapse at that point. <br />ЌЋЉ <br />Councilmember Willmus noted this assumed rezoning would be approved. <br />ЌЋЊ <br />Mayor Roe noted that this is why it was written as a condition of the IU. <br /> <br />