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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: AUGUST 8, 1994
SUBJECT:
Report regarding Zoning Ordinance Amendment
Request to Consider Espresso Carts
REPORT PREPARED BY:
EXHIBITS ATTACHED:
RECOMMENDATION:
FINANCIAL STATEMENT:
Staff time will be required to prepare and
process the Zoning Ordinance Amendment Study.
DESCRIPTION:
Ms. Jaynie Bunnell, representing the Sidewal~ Graffiti Company,
is requesting the city Council to consider aseIf-contained espresso
bar or cart outside of an existing local business (see Exhibit 1).
The existing Zoning ordinance and City Council policy does not allow
outdoor food vendors on an on-going basis. The city Council requested
Staff to review the request as it relates to the zoning Ordinance
Amendment regarding outdoor sales and report back to the city Council.
In 1984, the Chamber of Commerce indicated concerns regarding
outdoor uses with little overhead competing with existing Dublin
businesses. The city Council determined that retail sales should take
place from inside a building. The city Council identified concern
that outdoor retail businesses would be unfair competition for those
businesses which operate inside a building. The city Council also
indicated that outdoor retail businesses can generate traffic and
other enforcement problems.
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COPIES TO: Jaynie Bunnell
Dennis Carrington
Agenda File
Dublin Chamber of Commerce
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ITEM NO. -'3.1 CI~
FILE ~
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In March, 1993, the Dublin Business Task Force requested that
local businesses be allowed to have periodic temporary outdoor sales,
such as an occasional sidewalk sale. The Business Task Force
suggested that no accommodation should be made for retailers which do
not have a place of business in the city of Dublin. For example,
Target stores could conduct a sidewalk sale; however, a Castro Valley
retail outlet could not set up and sell merchandise in front of
Target. The Business Task Force also suggested that the regulations
should not prohibit the opportunity for service clubs to participate
in food sales, etc., in conjunction with the event (see Exhibit 2).
The city council adopted Resolution No. 32-93 (see Exhibit 3)
allowing local Dublin businesses to conduct periodic temporary outdoor
sales with an Administrative Conditional Use Permit (ACUP) while the
Planning staff was preparing a zoning Ordinance Amendment study. The
city council identified the reduced staffing in the Planning
Department and gave priority to the zoning ordinance amendment study
regarding outdoor sales over all other zoning ordinance amendment
studies except for the auto dealership signage study (see Exhibit 4).
The auto dealership signage study was combined with the sign ordinance
amendment as part of the city council's 1994 Goals and Objectives.
The Planning Staff has had initial discussions regarding issues
and options with Chamber of Commerce representatives. Because of
additional high priority planning applications and activities, and
staffing vacancies, the planning Staff "has ,,peen. unable to prepare a
draft for review and comment by other departments and the Chamber of
Commerce representatives. The Staff hopes to complete the draft
within a month of completing the sign ordinance amendments (by Sept.
22). After review and comment on the draft (by Oct. 22), the item
would need to go to public hearing before the Planning Commission (by
Nov. 7), and then to public hearings before the city council (NOV. &
Dec.). A zoning ordinance amendment would become effective 30 days
after it is adopted by the city council (Jan. 95).
During discussions with Ms. Bunnell, Staff noted that several
existing restaurants have Conditional Use Permits (CUPs) for outdoor
eating and seating. These Conditional Use Permits are appropriate
because the primary uses are indoor restaurants and the outdoor eating
and seating is subordinate to and depend on the indoor restaurant
uses. Ms. Bunnell's self-contained espresso cart would operate as an
independent business using space leased from the property owner.
To date, the Planning Staff has been following the city council's
previous direction to prepare the Zoning Ordinance Amendment Study to
allow Dublin businesses to have periodic temporary outdoor sales. No
accommodation is being made for retailers which do not have places of
business in the city. opportunities will be given to Dublin service
clubs to participate in food sales.
Ms. Bunnell's request would modify and expand the city council's
previous direction. The study would' .also" consider allowing businesses
without a place of business in the City to have on-going outdoor food
sales. The expanded study ~ould need to consider the additional
issues and options, and the Planning Staff would need additional time
to complete the draft (by oct. 22). The amendment could then be
processed and effective by February 1995.
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staff recommends that the city Council give policy direction to
either:
1) modify and expand the Zoning.Ordinance Amendment study to
also consider allowing businesses without a place of
business in Dublin to have on-going outdoor food sales, QE
2) continue the Zoning Ordinance Amendment study to allow
Dublin businesses to have periodic temporary outdoor sales,
with Dublin service clubs given an opportunity to
participate in food sales, as previously directed.
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EXHIBIT 1
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Sidewalk Graffiti Co.
1994
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In the business climate of the '90s, it is more Clitical than ever to offer that extra "something
special" to maintain a competitive edge. Sidewalk Graffiti Company offers YOll one such
advantage and enhancement to your CUlTent operation with no cost to you ~ an espresso bar.
Coffee, conversation and business have become synonymous with one another. dating
back to the 1600s and the London coffee houses which were known centres of political. social.
literary and business influence. The trend now is toward tlavoured and gourmet coffees as this
nation continues its search for a great cup of coffee. Seattle. as well known for its lanes a~ for its
rain, leads the trend. There you can order an espresso just about anywhere. induding drive-up
windows attached to everything from fumiture stores to insurance companies.
Specialty coffee now represents nearly 20 percent of all coffee sold in America,
Consumers are acquiring a taste and desire for high quality coffees; and the extra effo\1 and Chall11
of having a cup "brewed especially for them" has real appeal.
Sidewalk Graffiti Co., originally formed in Seattle. Washington to answer the demand of
the specialty coffee market in the Northwest, has recently expanded to the Bay Area. In responst"
to the growing demand in Northem California and at the request of Chevron. we are now servicing
the needs of this market with our full-service, self-contained espresso bars. which provide
customers choices of espresso, cappuccino, mocha or latte for their sipping pleasure.
Our first hospitality centre, set up in the Oanville area for Chevron. has recei ved
overwhelming response. The service has also received unsolicitated press coverage in the SUII
Francisco Chronicle, the San Ranum Vallev Times, and the T1';- Valle\' Herald.
We now give yQ].l the chance to be a part of this consumer trend and to allow your client..."
customers and employees access to a great cup of coffee, "brewed especially for them" -and the
opportunity to engage in the correlating networking conversations. Everyone wants that
"something special" and to be around the "hub of activity" -and that's what you'll provide.
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CITY OF WBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 8, 1993
SUBJECT:
Business Task Force Review of Modification to Policy
~_ Governing_Outdoor Sales
~L (Prepared by: Paul S. Rankin, Assistant City Mgr)
EXHIBITS ATTACHED: 1.
Zoning Ordinance Excerpt Requiring ACUP for
Temporary Uses.
2. 'fask Force Agenda Statement Dated February 17,
1993
3.
Excerpt Ordinance
Temporary Uses To
Clearance.
#6-92: Allowing
Be Approved By
Specified
A zoning
4. Draft Resolution Amending City Council POlicy On
Outdoor Sales
5.
Pending zoning Ordinance
Assignments / Projects
&
Planning
Staff
RECOMMENDATION:~ (1) Receive Report. (2) Direct Planning staff to
prepare a zoning Ordinance modification based upon the
input to date for consideration by the Planning
Commission. (3) Provide staff with an indication of
the priority of this project in relation to other
assignments, given the current reduced staffing in this
Department. (4) Adopt the Resolution if the ci ty
Council would like to provide an interim means of
approving outdoor sales while the modification is being
developed.
FINANCIAL STATEMENT: staff time will be required to develop the ordinance
and to monitor the anticipateu permit process. Minimal
permit revenue may be generated.
DESCRIPTION: At the city council meeting of April 13, 1992 the City
Council considered a request from a local businessman who supported a
change in the restrictions placed on outdoor sales. The ci ty Council
suggested that the issue be reviewed by the Business Task Force before any
further direction was given. At approximately the same time the Dublin
Chamber of Commerce also began an effort to review the issues.
Current Restrictions / citv Council Policv On outdoor Sales
Following incorporation of the City in 1982, the Alameda county Zoning
Ordinance was adopted by reference. section 8-48.9 explicitly provides
that principal uses shall take place within an enclosed building (Exhibit
1) . The Ordinance also includes a process for obtaining approval of
Temporary Uses by obtaining an Administrative Conditional Use Permit
(ACUP). Based upon city Council policy this had been used in the past to
provide for Christmas Tree lots and similar seasonal events.
The city Council policy was established in 1984, when the City council and
Planning Commission considered an application from a vendor to sell goods
from a parking lot. The interpretation made by the city Council
established the following findings:
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1. Retail Sales should be limited to an enclosed building, rather
than encouraging outdoor retail sales.
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ITEM NO. 8. '7
COPIES TO:Business Task Force ;'
Michael priiilipg, Robt Jeiri Co
Nancy Feeley, Dublin Chamber
EXHIBIT2 Fl;I~J
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2. Avoid outdoor retail sales which give a competitive edge over
merchants which rent retail space.
3. Discourage peddlers from selling their wares on street corners,
which generally increase zoning, building, and traffic
enforcement problems and conflicts with existing merchants.
In the Fall of 1984, the city council adopted an amendment which would
allow temporary Arts and Crafts Fairs to be conducted pursuant to certain
restrictions. The event needed to be sponsored by a non-profit
organization and items for sale must be hand crafted. In addition there
was an ACUP required and restrictions on the number of events allowed each
year.
Task Force Review
In July of 1992, staff presented a detailed report to the Task Force
Special Programs Subcommittee. (This report is attached to Exhibit 2.) The
report included a survey of how other communities regulated outdoor sales.
The subcommi ttee suggested that the entire Task Force be surveyed to
determine whether there were common areas of support for revising the
restrictions.
At the Task Force meeting on February 17, 1993 the results of this survey
were presented. The survey found that there was significant support for a
change, however, it was suggested that there continued to be a need for an
administrative process to assure that such sales did not become a deterrent
to the business community, as a result of generating traffic, litter, or
other problems.
At the meeting, representatives of the Dublin Chamber of Commerce indicated
that they found similar results in their study. The Chamber effort had
identified the opportunity for an organized effort to actually promote
special sale days during the warm weather months. This might involve joint
advertising or other gimmicks to attract shoppers on a regular basis.
Based upon the input from this meeting the following items summarize the
basic approach which was suggested for the city to pur~ue:
a. There is support for a change in the laws regulating outdoor
sales.
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b. There should be an administrative permit process.
c. There should be special measures incorporated to protect the
image or appearance of the retail area.
d. A single event should be allowed for no more than 3 days.
e. There should be a provision for the City-wide St Patrick's Day
Celebration.
f. The number of events allowed during a calendar year (in addition
to the st. Patrick's Day Celebration noted above) should adhere
to the following restrictions:
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January / February / March
April/May / June
July
August
september
october / November / December
1 Event
1 Event
1 Event
1 Event
1 Event
1 Event
The regulations should not prohibit the opportunity for service
clubs to participate in food sales, etc. in conjunction with the
event.
h. There should be an opportunity for sponsors to include music
or other entertainment with the event.
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No accommodation should be made for retailers which do not have
a place of business in the city of Dublin. (Le. Target
could conduct a sale, however, a Castro valley retail
could not set up and sell merchandise in front of Target.)
Modification Reauired To Accommodate Outdoor Sales
Staff' would recommend that the ci ty Council pursue a process which would
allow outdoor sales to be approved without the requirement for an ACUP. A
process utilizing a Zoning Cl-earance could be developed, which would be
consistent with the current approval of other temporary uses.
In February of 1992, the City Council adopted zoning Ordinance Amendments,
which were designed to implement recommendations found in the Management
Audit of Development Services. The focus of the changes were to simplify
permit processing for the Applicant as well as the Staff. Exhibit 3 is an
excerpt from this ordinance. The change allowed specified temporary uses
to be approved with a zoning Clearance. This process includes the Planning
Commission review of Standard Guidelines, which are then used by Staff in
determining approval of applications. The process does not require a 10
day appeal period before becoming effective and the zoning Clearance
process is less complex than what is required for an ACUP.
The process to accommodate this change would involve the following items:
1. Develop an ordinance amendment to incorporate outdoor sales as a
Temporary Use Subject to the zoning Clearance process. (This
will add an additional use to the section shown in Exhibit 3).
2. Develop a set of guidelines for the approval of this type of
zoning Clearance. (This will include the input from the Task Force
noted above.)
3. Present these items to the Planning commission at a public
hearing.
4. Prepare Staff Reports and conduct two public hearings before the
City Council.
5. The Ordinance amendment can only become effectiv~ 30 days after
it is adopted by the City Council.
Based upon the time frames for publishing newspaper notices, providing the
public with a notice that the change will be considered, and scheduling
meeting before public bodies it is anticipated that a revised ordinance
could not be effective before the summer months. This schedule would
assume that the City Council identified the pro~ect as a priority over
other zoning Ordinance studies. A further disCUSS10n of pending studies is
included later in this report.
Opportunity For Interim Process While Amendment Is Beina Considered
Gi ven that the Chamber of Commerce and representati ves of the Business
community have shown an interest in conducting special sales this summer
Staff has identified a process by which the City Council could authorize
this to occur.
The process would invol ve the city Council adopting a resolution which
revises the current policy regardin~ the interpretation of Outdoor Sales.
Staff has prepared a Draft Resolut1on (Exhibit 4), which will implement
this change. This will allow staff to process outdoor Sales by Dublin
Businesses under the ACUP process. In the meantime staff would work on the
amendments to simplify the approval by having the permit issuance handled
as a Zoning Clearance.
Imoact Of Reduced Staffina on Time Required To Process Amendment
If the city Council has an interest in pursuing a modification it will also
be necessary for the city council to identify the priority of this project
in relation to other assignments. The preparation and enactment of an
amendment by this summer is a best case scenario.
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At this time the Planing Department is operating without 30% of the
positions originally contained in the approved 1992-93 Budget ([-1] senior
Planner / [-1] Office Assistant II / [-1] Planning Intern.) The vacant
Senior Planner position was the head of the Current Planning Division.
Typically this type of study would be handled by the Current Planning
Division. Given the Staff time required for the major General Plan
Amendment Study and current Planning applications, there is not a
significant amount of time available for special studies- Exhibit 5
highlights the pending special studies and projects.
In the past, the city Council has suggested that staff pursue zoning
Amendment studies as time became available and in the order they were
received. It would be appropriate for the city council to consider the
priori ty of any change in the regulation of outdoor sales as compared to
the other assignments identified in Exhibit 5.
Conclusion
staff would recommend that the city council take the following action:
1. Receive the staff Report and any public input on the issue.
2. Determine whether there is a consensus to consider some change in
the existing regulations.
3. If there is an interest in having the Planning Commission
consider a change, it is recommended that the city council do the
following:
a. Review the criteria suggested by the Task Force and provide
any additional input or comments.
b. If there is an interest in allowing Outdoor Sales during the
development of the ordinance amendment, it would be
appropriate to Adopt the Draft Resolution.
c. The city Council should provide Staff with direction on the
priority of this study.
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RESOLUTION NO. 32 - 93
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING THE CITY COUNCIL POLICY ON OUTDOOR SALES
AND AUTHORIZING APPROVAL SUBJECT TO SECTION 8-60.60.1
OF THE ZONING ORDINANCE
WHEREAS, In 1984, the city council was requested to interpret the
zoning ordinance related to the Temporary approval of outdoor sales; and
WHEREAS, The city council found that subject to section 8-48.9 of
the Zoning Ordinance all retail sales should take place within a
building; and
WHEREAS, The city council expressed concern with unfair
competition for those businesses which operated from a building; and
WHEREAS, The city Council also noted that outdoor peddlers can
generate traffic and other enforcement problems; and
. WHEREAS, The city council has received a re~ort from the Dublin
Business Task Force, which encourages a modificat1on to alloW local
businesses to conduct periodic outdoor sales; and
WHEREAS, Section 8-60.60.1 of the City Zoning Ordinance provides
for the approval of minor temporary uses through the issuance of an
Administrative Conditional Use permit (ACUP); and
WHEREAS, The city Council is enacting this policy change as a
tem~orary measure to allow for the approval of periodic outdoor sales
durlng the time required to consider and implement a revision to the
Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of
Dublin does hereby declare that it has interpreted section 8-60.60.1 of
the city of Dublin zoning Ordinance, to allow for the approval of
periodic outdoor sales conducted adjacent to the individual Dublin
business.
BE IT FURTHER RESOLVED that any business conducting such a sale
shall be required to comply with all application requirements,
conditions of approval, and other city regulations.
BE IT FURTHER RESOLVED that the City council finds that an eligible
business may request permission to conduct periodic outdoor sales
pursuant to this policy, provided that the frequency does not exceed:
(a) Once each month during the months of July, August, or
September.
(b) Once each three months during the following calendar quarters:
First Quarter: January / February / March
Second Quarter: April/May / June
Fourth Quarter: October / November / December
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EXHIBIT 3
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Any individual business which conducts outdoor sales which exceed the
frequency as stated above, shall not be considered a Temporary Use
subject to this policy.
BE IT FURTHER RESOLVED that this resolution shall supersede
previous city council policy related to conducting of outdoor sales by
Dublin businesses.
PASSED, APPROVED AND ADOPTED this 8th day of March, 1993.
AYES:
councilmembers Houston, Howard, Moffatt, and Mayor
protempore Burton.
NOES:
None
ABSENT:
Mayor Snyder
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Mayor Protem ore
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Mayor Protempore Burton
putting a lot of
right program or
ednesday.
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learn if
ees this as a
this.
a
not foreseen that the city would have a direct role beyond
S ff Member ,available to respond to any issues which come up
the city has an obligation.
Janet ckhart advised that the Chamber Board will meet
Discussi so far has been that this 1s a great project
Chamber of omrnerce to take on. They will be seeking
there is an terest in the business community. She
positive step, nd feels there is a real openness
Mayor Protempore B rton stated he was glad
Commerce coming int this process.
the Chamber of
Ms. Lockhart stated
needed now
o communicate real well.
aff for always being there and
apparently just wasn't the
It looks like we are resolving at
etting the city council and the
Cm. Houston passed out to Council a ewspaper article about the
City of Tracy. The sec et of their succe was they really used an
Economic Development mmittee to get their ity going. This might be
something to discus with Tracy's representat. es.
Cm. Housto stated he thought you have to include
like this, not just 1 or 2 streets.
spoke
Mayor Protempor urton advised that one of the
to the group w s from Tracy.
city in
On mQ ion of Cm. Moffatt, seconded by Cm. Howard, and by un
vot (Mayor Snyder absent), the Council authorized the Mayor
1 ter to the Chamber of Commerce leadership to encourage their
forts to address issues facing the retail business community.
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BUSINESS TASK FORCE REVIEW OF
MODIFICATION TO POLICY GOVERNING OUTDOOR SALES (450-20)
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Assistant City Manager Rankin presented the Staff.Report and advised
that in April of 1992, the City council received a" request to
reconsider current restrictions which prohibit outdoor sales. The
city Council suggested that the issue be considered by the Business
Task Force. The Task Force has provided input as to issues which
should be covered by a revision. In addition, Staff has presented a
means by which outdoor sales could be approved under the current
Ordinance, while a modification is being developed and considered.
Mr. Rankin discussed the current restrictions and the City Council
policy on outdoor sales, which was established in 1984. The Business
Task Force review and findings were also discussed.
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Regular Meeting
eM - VOL 1EXHIBIT4 March 8, 1993
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Mr. Rankin stated Staff recommended that the city council pursue a
process which would allow outdoor sales to be approved without the
requirement for an ACUP. A process utilizing a zoning clearance could
be developed, which would be consistent with the current approval of
other temporary uses. The process to accommodate this change was
discussed.
An interim process which would allow for the conduct of special sales
this summer was identified and discussed. The process would involve
the city Council adopting a resolution which revises the current
policy regarding the interpretation of outdoor sales. In the
meantime, staff would work on the amendments to simplify the approval
by having the permit issuance handled as a zoning Clearance.
Mr. Rankin advised that if the council is interested in pursuing a
modification, it will be necessary to identify the priority of this
project in relation to other assignments.
Cm. Moffatt asked if there would be any input from local businesses in
developing some new concepts. Will this be Staff developed or with
cooperation of some of the community?
Mr. Rankin stated they have the input from the Business Task Force and
the Chamber of Commerce has discussed this with a separate group of
businesses. Staff would present something before the Planning
commission at a public hearing. The intent is to move it along and
the~e would be hearings before both the Planning commission and the
city Council.
Cm. Moffatt asked if there was any way to speed up the process for a
zoning Clearance from 30 days.
planning Director Tong clarified that the Zoning Clearance is
basically an over-the-counter process, but there is a 5-day appeal
period. Both the Zoning Clearance and an ACUP have a set $25 fee.
Mayor Protempore Burton felt that people will be aSking what the
criteria is for promotions. will every little store or place have to
have a permit? We should look at joint promotions. The Planning
staff and Task Force should review this.
Cm. Houston asked if a store wants to have a promotion once a quarter,
do they have to come in each time or can they come in once at the
beginning of the year and state they will be having sales every
quarter? He would like to see it as a one-time fee for the year.
Mr. Rankin stated the difficulty is whether or not they would know
what days they will have the sales and the specifics.
Cm. Houston questioned the reason the city needs to know this. Maybe
we don't need to be on top of every single thing with the business
community.
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eM - VOL 12 - 102
Regular Meeting
March 8, 1993
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Mr. Rankin advised that potential traffic control is one
consideration.
Mr. Ambrose questioned how we would make certain that people are not
violating our ordinance. There has to be some way of checking it or
why do we have the Ordinance. GuidelInes must be adopted. He
questioned whether an interim process would work without guidelines.
Cm. Houston stated San Ramon has some very liberal guidelines for
outdoor sales, particularly during the summer months.
Janet Lockhart stated this issue got more attention from the business
community than anything in a long time. They worked on this over a
period of a few months. The consensus was that everyone was excited
about getting this rolling for this summer. The Chamber of Commerce
wanted to find an idea for getting businesses working together and
getting everybody excited about doing this. The Chamber is interested
in helping to promote this but they are limited in how much they can
actually do in setting up the events. They see this as a real
opportunity for the business community to corne together and work with
the city.
Cm. Houston asked if the Chamber had had time to review the draft
resolution.
Ms. Lockhart ~tatcd she-would be happy to bring this up for discussion
at the BQard ~eetin9 on Wednesday.
Mayor proternpore Burton indicated that the cUP is an interim measure
which would allow them to have their outside sales this year. It will
also give the city Council ideas on what types of things need to be
added.
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On motion of Cm. Houston, seconded by ern. Moffatt, and by unanimous
vote (Mayor Snyder absent), the Council directed the Planning Staff to
prepare a zoning Ordinance modification based upon the input to date
for consideration by the planning commission. The council adopted
RESOLUTION NO. 32 - 93
AMENDING THE CITY COUNCIL POLICY ON OUTDOOR SALES
AND AUTHORIZING APPROVAL SUBJECT TO SECTION 8-60.60.1
OF THE ZONING ORDINANCE
with regard to the priority of this project in relation to other
assignments, given the current reduced staffing in the Planning
Department, the Council concurred that this should be given priority
over all the other Zoning Ordinance Amendment studies except for the
auto dealership signage study which was initiated in 1992.
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eM - VOL 12 - 103
March 8, 1993
Regular Meeting