Ordinance No. 19772 - Laserfiche WebLink

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~~:~~1~/q~~ ~0:~.1 $5~l3 tit`~b 050- H:~RR~~T~ ~~~~' .~~~: ~_ ; ~', L~ ~ ~ . y . UI~[El~'T, 8I LLI~~S ~] 005: 00 S Jack Billings Ap~i~ 17, ~ ~~ ~ P~g~ 4 you end up in the sane place as the planri~ing inter retation becaus p e as a general rule commercial zones will generate mode traffic than ~-1 uses. While the result in this instancc Zs the same i • ~ n later p~`a~ects it wou~.d be possible to be com arin the traffic dem e~e~•ated b ~~ se ~ ~ and 9 y ~ u s ~r~.th C-~~. uses, While it is passible to base "most intensive use~~ an the erc of the buildin a~'ea p eritage 9 suggested by the awne~ or upon the f~C~~r~ suggested by quantum, Inc., we da not find anythin in the histo of the Code provision to su es ~ ry gg t these are anything mare than a few Qf the factors t~ cons a.der ~f the pl.ann.ing cake t of ~~ inters use" fs used. There is not 1 p lve hang in the leg~slat~ve history to snow the percentage of building or total hours available or t e a ` atterns oaf the h tr f f lc p existing ~Ornmercla~, occupant were tQ receiv+~ special consideratlor~ over the other indicia of intensified us e. Further, the Code only speaks in terms of the "the must i ' use of the arcel'f ~ • , ntensive . We see na words that allow dlvldlr~g the assessment based upon each existing use's ercenta a of th improvements. Since the e p 4 e ntire parcel could be put to commercial use under the MU zone it is consistent with the other ravisians o ~•C. 7.1~~~~ b~ tc a I p f ~~ ~ pp y the factor to the entire ~rcel. P R~C4MMENDATICN We conclude that regardless of which of the s f ~.~ t two interpretations of "most intensive use-~ is used t ` ~ he result is the same and the staff recommendatlan should he upheld. We do su es that you re west the Cow ~ g~ t ~ ~ncil ruder its ~.nterpretation of the phase sa that cn future alle~r assessments the staff and ' have clearer understandin you wall g of the meaning of the phrase, Since the Council could use the third interpretation hated above if it it should refer the ' does' proposed assessments hack to the staff with instructions an haw to apply the zonin factors on ` alle g this and future ~' projects, New nat~.oe of proposed assessments would then he sent and a new hearing conducted by you before the Council adapt the assessments, would Finally we remind the Council throw h ou th ' uestlan of i g Y at this matter is a ~ nterpreting the existlr~g Code language. Because of the Charter this problem on this project cannot be ~ salved by amending the Code. Shau~,d the Caunc~.l desire to amend t avoid future roblems he Cade to p it would take a 2/~ vote and the amendment would not apply to this project or for an ra'ects ' Y P ~ ~.n~.t~.ated for EX~lIBii'