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<br /> <br />REQUEST FOR ACTION <br /> <br />To <br />City Council <br />Agenda Section <br />Communi Develo ment <br />Item Description <br />Discussion Regarding Commercial Recreation Uses in the <br />Business Park <br /> <br />Meeting Date <br />une 18, 2007 <br /> <br />Item Number <br />6.8. <br />Prepared by <br />erem Barnhart, Plannin <br />Reviewed by <br />Scott Clark, Community Development <br />Director <br />Reviewed by <br /> <br /> <br />Action Requested <br />Direction to authorize City Attorney review, finalize draft, and draft resolution regarding amendments to <br />the zoning ordinance and zoning definitions. <br /> <br />Background/Discussion <br />Staff has received a Conditional Use Permit (CUP) request for an existing gymnastics/ dance studio to <br />relocate to the Business Park (BP) Zoning District. The use, currently in the C-l zoning district, is a <br />conditional use as a Commercial Recreational use. Commercial Recreation is not a permitted or <br />conditional use in the BP Zoning district. The applicant believes that their use is a vocation, technical, or <br />trade school, a conditional use permit in the BP, but not permitted in the C-l zoning district. A brief <br />history related to this request: <br /> <br />April 1 0, 2006, the applicant approached the City Council with a desire to put a Dance Studio in the <br />Business Park zoning district. The Council directed staff to develop options for expansion of the use <br />into other areas of the community. The project was known as the "Briggs Proposal". <br />May 8, 2006, community development staff discussed the issues, including commercial and industrial <br />inventory, economic policy goals, and recommended the Planning Commission review revisions to the <br />ordinance. The applicant did not attend this discussion, and did not contact staff until March 2007. <br />March 21, 2007, staff received a building permit to fInish space in the BP zoning district. Staff <br />informed the applicant, Pat Briggs, that staff was unable to issue the permit for a use that is not a <br />permitted or conditional use. <br />May 8, 2007, Staff initiated an ordinance amendment, reviewed by the Planning Commission. The <br />amendment suggested Commercial Recreation as a permitted use in the Business Park zoning district. <br />After discussion, the Commission requested additional information and the tabled the item until their <br />workshop. <br />May 29,2007, Staff received the CUP application for a Dance studio. Although the applicant does <br />not state which use they believe they are, it is understood that they were applying under a vocation, <br />technical, or trade school based on their arguments that they are teaching a skill and that is the closest use <br />for consideration. After discussing it with the City Attorney, staff returned the application because the <br />City could not act on it; interpreting a dance studio as not a use consistent with a technical, vocational, or <br />trade school. <br />