04/14/2010 P&Z Packet - Laserfiche WebLink

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• • • AGENDA ITEM V A STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: April 14, 2010 TOPIC: PUBLIC HEARING: Interim Use Permit Outdoor Storage in Light Industrial Zoning District 2209 Phelps Road BACKGROUND Demolition and construction businesses have operated in the Phelps Road area for decades. The Light Industrial zoning district provides for open and outdoor storage as a conditional use and as an interim use, depending on the situation. The documentation is spotty regarding just what activities have been conducted on specific locations over time. This makes is difficult to determine which approval is required by the zoning ordinance: a conditional use permit or an interim use permit. Staff has determined that an interim use permit is the best option. This is explained in this report. Interim use permits are reviewed with the same submittal requirements, standards, and procedures as a conditional use permit. This requires a public hearing by the P & Z Board and a decision by the City Council. Arnt Construction owns property on the south side of Phelps Road and has requested an interim use permit to expand storage activities onto the north side of the road. The property on the north side of Phelps Road is not owned by the Arnts. We are told they are negotiating to buy it from the current owner. We have received a letter from the current owner supporting the application. The interim use permit request is for the site on the north side of Phelps Road. ANALYSIS Arnt Construction has requested an interim use permit to allow storage activities on the north side of Phelps Road. On its site south of the road, Arnt often has kept a stockpile of material that either has been crushed or will be crushed. This also has included topsoil at times. The company recently obtained a contract for demolition of the existing Main Street bridge over I- 35E. The new contract means more material must be stored and processed, and more storage land is needed. Storage of material north of Phelps Road has occurred in the past. Staff conducted extensive research into minutes and permit files, but documentation does not prove conclusively that outdoor storage has been ongoing without breaks. Without a proven nonconforming use status (often referred to as being "grandfathered "), use of the site on the north of Phelps Road for open