02/09/2005 P&Z Packet - Laserfiche WebLink

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• 7309 Lake Drive page 3 are appropriate at this site. A typical car lot would not be desirable here because of the residential and public uses nearby. In addition, one driveway on Lake Drive is not adequate access and no additional driveways in this area would be advisable. On a larger policy level, the comprehensive plan guides the site for industrial land uses. Rezoning the site to allow for all commercial uses in a commercial zone would create in inconsistency. The proposed use is a vehicle wholesale business. Wholesale businesses and offices are permitted uses in the Light and General Industrial zoning districts. Other than the outdoor sales lot aspect of the business, the use is very similar to those industrial uses. The outdoor sales lot aspect is more of a commercial element of the business. The use is a hybrid. As such, it is difficult to classify it as exclusively one or the other. The proposed solution is a zoning contract (see attached). The contract clearly describes the business and the activities that will be allowed. Under the contract, the City will rezone the site to allow for the specified business and activities. No other activities are allowed on the site. The business can be sold or another business can move onto the site as long as it complies with the specified activities. If the stipulations are violated, the City can rezone the site back to Light Industrial and all activity on the site must then comply with the LI requirements. The vehicle wholesale business might conceivably continue, but it could not then have vehicles stored outdoors because outdoor storage would not be allowed on that site. Rezoning Findings: The site currently is zoned LI. The zoning ordinance requires that, for a zoning amendment application: The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. The comprehensive plan guides the site for industrial land uses. The proposed use is a vehicle wholesale business. Wholesale businesses and offices are permitted uses in the Light and General Industrial zoning districts. Other than the outdoor sales lot aspect of the business, the use is very similar to those industrial uses. The outdoor sales lot aspect is more of a commercial element of the business. The use is a hybrid. As such, it is difficult to classify it as exclusively one or the other. The Policy Plan chapter of the comprehensive plan includes, in the Land Use section, a general policy to "Investigate remedies to correct existing land use compatibility problems" (page 29). A zoning contract is an special tool, to be used only in an unusual situation, to help move toward remedying such a problem. The accessory outdoor storage of the contractor yard uses on the site are