03-10-14 Council Packet - Laserfiche WebLink

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CITY COUNCIL AGENDA ITEM B STAFF ORIGINATOR: Michael Grochala MEETING DATE: March 10, 2014 TOPIC: Consider Resolution No. 14-26, Approving Land Use Agreement for 7309 Lake Drive, Michael Grochala VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting council consideration to approve a Land Use Agreement with the owner and lessee of property located at 7309 Lake Drive. The agreement provides for the discontinuance of outside storage on the site by December 31, 2017. BACKGROUND On February 22, 2013, following receipt of resident complaints, city staff issued a Cease and Desist Order to Pinnacle Point, LLC, owner of property located at 7309 Lake Drive. The order required the discontinuance of the use of property for the exterior storage of shipping containers and construction trailers. The containers and trailers were being stacked three to four high approximately 30 feet in height across the 5 acre parcel. Exterior Storage is not allowed as the principal use of property in the LI, Light Industrial District. Discussions regarding compliance have been ongoing between the City, property owner and the current lessee, Mini Mobile, Inc. The owner has maintained that the use is consistent with the prior uses on the property and “grandfathered” in. The lessee has stated that they are not using the property to store containers but rather they are operating a container rental business. Following discussion at the September 3, 2013 work session the City Council requested further background on the property history, including review of the owners leasing information, and clarification of zoning requirements. This information was provided to the council at the January 6, 2014 work session. Staff also updated the council on a discussion with the owner’s representatives and the City Attorney, held on December 5, 2013 to discuss options for compliance. The owner’s representatives disagreed with the City’s position and are seeking options for settlement as an alternative to any possible legal proceedings. In an effort to arrive at an outcome beneficial to all parties it was suggested that an agreement be considered that would allow for the existing use to continue on a temporary basis until a predetermined date. At that time the property would be brought into compliance with the ordinance provisions. The City Council indicated that they would consider such an agreement. In response the owner has worked with City Staff to draft an agreement that provides for the following: