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N:\Departments\Community Development\Planning\Case Files\CUP\CU 18-09 Spectrum\4-Planning Commission\CU 18-09 sr PC 5-22-18.docx <br />Applicable Regulation <br />Before the city council may authorize an interim use, it must make the following findings: <br /> <br />1. The period of time for which the interim use permit is to be granted will terminate before any adverse impacts are <br />felt upon adjacent properties. <br /> <br />The majority of the subject and surrounding properties are wetland and flood plain. The single <br />family neighborhoods to south are separated from the subject site by County Road 12. There will <br />be no adverse impacts. <br /> <br />2. There is adequate assurance that the property will be left in suitable condition after the use is terminated. <br /> <br />The condition of the property will be suitable for future development within or near wetlands <br />and flood plains once the use has terminated. Again, staff will be looking at an ordinance <br />amendment allowing Commercial Recreation Facilities as a Conditional Use in single-family <br />zoning districts. <br /> <br />3. The use is similar to uses allowed in the zoning district in which the property is located. <br /> <br />Athletic fields are allowed when associated with a school, which are allowed in single-family <br />residential districts. <br /> <br />4. The date or event that will terminate the use can be identified with certainty. <br /> <br />A certain date can be identified and adhered to. Spectrum continues to grow and expand. Their <br />impacts on this site may continue to grow and the IUP will be reviewed in 2023 if an ordinance <br />amendment allowing Commercial Recreation Facilities as a Conditional Use in single-family <br />zoning districts has not been approved by the City Council. <br /> <br />5. Authorizing the use will not impose additional costs on the public if it is necessary for the public to take the <br />property in the future. <br /> <br />If public took ownership of the property, the property could be utilized “as is” for the public. <br /> <br />6. The applicant and user agree to all conditions that the city council deems appropriate for authorization of the <br />interim use. <br /> <br />If the applicant does not agree with all conditions deemed appropriate by the City Council the <br />permit will not be approved. <br /> <br />7. The applicant provides assurances deemed adequate by the city council that the use will terminate as provided in the <br />interim use permit. The city council may require the applicant to deposit a cash amount with the city, or provide <br />some other form of security, to ensure compliance with this criteria. <br /> <br />The use will terminate at a designated date. If an ordinance amendment is approved, the use <br />would be allowed to continue indefinitely as a Conditional Use Permit. The site has limited <br />development potential as anything but a recreational facility.