Planning 2012-02-23 ITEM 5 - CODE AMENDMENTS - STAFF REPORT

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Staff discussed this matter with the City Attorney and it was clarified that if it is a public meeting then the purpose of the meeting will be only information sharing and there cannot be a formal recommendation of the Planning Commission to the City Council under this option. Therefore, if a recommendation to the City Council is desired then staff recommends option 2B outlined in the previous staff report. Under this option site specific rezones will be Type 4 land use decision where the Planning Commission will hold an open record hearing before making a recommendation to the City Council and City Council will then hold a closed record hearing before making a final decision and the appeals of the City Council will go to Superior Court. This option meets both State Law requirements of one open record hearing as well as the requirement that the Comprehensive Plan cannot be amended more than once a year unless it qualifies as an emergency. 2. It was decided to notify the property owners of the proposed changes to the manufacturing uses in the C /LI zone. There was concern expressed about one particular use in C /LI zone, which is "Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment There was discussion whether this use should be allowed outright, made a conditional use or not allowed at all. It was decided to notify the property owners before making a final decision. Property owners and tenants were notified by mail. Attachment C includes the written comments received by Feb 16, 2012. If any additional comments are received they will be provided at the hearing. Verbal concerns were received from about five property owners and some of them are planning to come to the hearing to testify. The use in question is permitted in C /LI, LI, HI, MIC /L, MIC /H and it is a conditional use in TVS. C /LI lists other uses with moderate to substantial off -site impact as conditional uses, but this use is permitted outright. It should also be noted that C /LI zone is relatively spread out throughout the city and majority of the zone is not near residential areas. Most of this zone is east of Interurban Ave and West Valley Hwy. See Attachment A for the location of C /LI zone relative to residential zones. Staff has outlined the following options for the Planning Commission to address this use in C /LI zone: a) Add the subheading but make no other changes and keep it as a permitted use. This option was detailed in Attachment I of the previous staff report. b) Do not add the subheading and make no changes. C) Change it from permitted to a conditional use. This option will not make existing uses non conforming, but any expansion of the existing uses will be required to obtain a conditional use permit. 3. Following text changes were requested: a) Amend the single family design standards to allow the replacement of a single wide mobile home with a newer and larger manufactured home, but only allow it nrn Page 2 of 3 02 172012