02-26-2014 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL FEBRUARY 26, 2014 AMEND Montour opened the Public Hearing to consider an Amendment to the ZONING Zoning Code to decrease the maximum number of Outdoor Retail Auto CODE- Sales Licenses from four to three as well as clarify that Outdoor Retail OUTDOOR Auto Sales Licenses are allowed by Conditional Use Permit in the B -2, RETAIL B -4, and I -1 Zoning Districts as proposed by the City. It was noted that AUTO the City Planner has recommended approval of the amendments, and the SALES Planning Commission recommended approval on a 6 to 1 vote. The City Planner reviewed his February 7, 2014 report noting that clarification of the fact that Outdoor Retail Auto Sales is allowed in the B- 2, B -4, and I -1 Zoning Districts is a housekeeping manner. The Planner noted that the use was eliminated from the B -3 District some time ago, but there are some references to B -3 that were not eliminated at that time. The other issue for consideration is whether or not to reduce the maximum number of Outdoor Retail Auto Sales Licenses from four to three. The Planner noted that there are currently three active licenses. The fourth such license was not renewed, and City staff felt this might be the appropriate time to reduce the maximum without negatively impacting any active licenses. The Planner pointed out that the City has experienced code enforcement issues relative to this use. I -le further indicated that the Planning Commission voted 6 to 1 in support of the amendment, with the dissenting vote expressing concern that a reduction in the maximum number restricts the opportunities for property owners to rent their property. Keis asked about the demand for Outdoor Retail Auto Sales Licenses. The Planner replied that the demand has varied over the years, but there has been no interest expressed in this available license. Boss asked how long the maximum had been at four. The Planner was not sure, but suggested it has been at four for some time. The Administrator indicated that there had been five active licenses at one time due to an interpretation error that occurred at staff level. The Administrator also noted that the City notified every property owner in the Zoning Districts that allow Outdoor Retail Auto Sales. He indicated that one person contacted him with some questions. There was no one present from the general public wishing to comment on this matter. Upon motion by Keis, seconded by Boss, the public hearing was closed. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2014 -2 -40 — AMENDING THE ZONING CODE DECREASING THE MAXIMUM NUMBER OF OUTDOOR RETAIL 8