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Request For Planning Commission Action Agenda Date: 10/05/16 Public Hearings Agenda Item: 5b Item Description: Public hearing regarding proposed Text Amendment to Employment Districts, Chapter 1006, and Section 1009, Procedures, to include motor freight terminal as a conditional use. Background Њ Over the past number of months the City Planner has been working with the owners of Ћ 2500 County Road C on their desires to improve the parking area of the site, which is Ќ currently being used as a motor freight terminal. Since motor freight terminal is not a Ѝ permitted use in the district where the subject property is located, staff reviewed the Ў historical record to see if a conditional use had been granted to the property. Staff could Џ not find that a CU was ever approved. А The property owner then submitted an application for a conditional use to allow the Б motor freight terminal on the subject property. Staff then reviewed the current code В and discovered that motor freight terminal had been allowed as a conditional use (CU) ЊЉ up until the 2010 Zoning Code update. In the updating of the Zoning Code that ЊЊ occurred in 2010, motor freight terminal was not included in the use table. ЊЋ With no CU on record and the omission of motor freight terminal in the 2010 Zoning ЊЌ Code’s use table, the subject property is considered a pre-existing non-conforming, ЊЍ which means that no expansion of the use is allowed on the site per City Code and State ЊЎ Statutes. This also means that the owner’s proposal to pave the gravel parking area (and ЊЏ add curb, gutter, and storm water management) is not permitted because it would be ЊА considered an expansion of the current use. ЊБ The City Planner has worked closely with the applicants and their representatives on ЊВ their proposal, and our determination is that without motor freight terminal being ЋЉ identified in Table 1006-1 (Table of Allowed Uses), the City is unable to support any ЋЊ improvements and expansion of use on the subject property unless a change is made to ЋЋ the current Zoning Code. ЋЌ Code Amendment Considerations ЋЍ Although motor freight terminal is not listed in the 2010 Zoning Code use table, a ЋЎ definition and references to motor freight terminal are included in the 2010 Code ЋЏ revision (see below). In light of these inclusions, Planning Division staff met to discuss ЋА whether the omission of motor freight terminal as a conditional use was purposeful in ЋБ 2010 or simply an oversight, and, if it was an oversight, what would be the best way to ЋВ address it. ЌЉ ЌЊ Excerpts from the 2010 Zoning Code ЌЋ Motor freight terminal: A building or area in which freight brought by motor truck is ЌЌ assembled and/or stored for routing in intrastate or interstate shipment by motor truck. ЌЍ ЌЎ 1006.05 Industrial (I) District ЌЏ A.Statement of Purpose: The Industrial District is designed to provide suitable sites for ЌА manufacturing, assembly, processing, warehousing, laboratory, distribution, related office ЌБ uses, and truck/transportation terminals. The district is also designed to: