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Memo to Planning Commission/OA 00-2 February 16,2000 Page 2 1. Determination of noncompliance and establishment of a hearing before the • City Council to receive testimony and establish findings. 2. Notification of the property owner and the operator that a hearing has been scheduled. The notice shall include the alleged noncompliance. 3. Conduction of the hearing to receive testimony and evidence regarding the noncompliance. The property owner and operator will have an opportunity to provide testimony and evidence to the contrary. 4. Establishment of findings by the City Council. 5. Ordering of revocation based on findings that one or more violations of one or more of the conditions of the conditional use permit have occurred. Revocation orders may be appealed through the District Court. Interim Uses Section 900.43 is proposed new language (new section) regarding approval of interim uses. Interim uses are defined, as temporary use of a property "until a particular date, until the occurrence of a particular event, or until the zoning regulations no longer permit the use". The "temporary" parking lot for use by students at the former Morrell Trucking facility is a good example of an interim use. Interim uses are a valuable land use tool in that they can provide opportunities for landowners to utilize their land temporarily while waiting for future development. This is • especially true of lands that are in transition or awaiting redevelopment, as in the case of the former Morrell Trucking facility. Another example of where this may be used is in the area of the Highway 169/County Road 33 intersection. The Department of Transportation has requested City assistance in preserving right of way in this location for a future interchange. Interim uses would allow temporary use of the land adjacent to the intersection while waiting for the interchange to occur. The attached language defines criteria for issuance of an interim use permit and requires the same process as a conditional use permit for issuance (Planning Commission public hearing and recommendation, City Council public hearing and approval/denial). The criteria to consider include, specificity and certainty of the end date or event, impacts to adjacent properties, similarity to adjacent uses, and increased costs to the public should the land be acquired in the future by a public entity. The proposed language also provides the City with the ability to require a financial security to end the use as agreed upon. Recommendation Staff recommends that the Planning Commission recommend approval of the proposed ordinance amendment regarding revocation of conditional use permits and 0 establishment of interim uses.