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Council weighs two options for 'retail other' zoning: SUP or administrative permit

The Colony City Council · September 16, 2025
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Summary

Planning staff presented two options to handle unlisted 'retail other' land uses — require Special Use Permits (SUPs) for such uses or create an administrative use permit allowing staff to apply SUP‑style conditions; council generally favored an administrative route for efficiency but requested appeal/backstop language and clear limits.

City planning staff told council that the existing zoning ordinance includes more than 200 listed charter permitted uses but that market changes have produced uses that do not fit neatly into current categories. Staff recommended two approaches to handle the gap in the "retail other" category: (1) require that any unlisted retail‑type use obtain a Special Use Permit (SUP), which triggers review by the planning commission and city council and allows conditions to be imposed; or (2) create an administrative use permit (a staff‑level "pseudo SUP") that would require applicants to submit SUP‑style documentation (architectural plans, business operation plans and required findings) but allow staff to grant conditional approval without a full public hearing process.

Planning staff said the administrative approach would speed approvals for small businesses that do not raise the same impacts as larger projects and still enable staff to attach operational conditions. Several councilmembers expressed support for the administrative path as a faster option for small businesses, while others cautioned that the city should retain SUPs for higher‑impact uses and requested a formal appeal or 30‑day council backstop so elected officials can review staff decisions.

Staff told council that if the administrative route is pursued, ordinance language and clear criteria will be developed with the city attorney and brought back for formal consideration. Council did not adopt an ordinance tonight but asked staff to return with verbiage that details the proposed administrative process, explicit limits (no variances or waivers), and a mechanism for council review or appeal.