HomeMy WebLinkAbout10A - City Code Sections 1101 and 1108 - Interim Uses
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MEETING DATE:
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
JUNE 1, 2009
10A
DANETTE PARR, COMMUNITY DEVELOPMENT AND NATURAL
RESOURCES DIRECTOR
CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1101
AND 1108 OF THE CITY CODE TO ALLOW FOR INTERIM USES
Introduction
The purpose of this report is to consider adding a definition of interim uses to
Section 1101.400 of the Zoning Ordinance and adding the criteria for interim
uses in Section 1108.1000 (attached).
Historv
During the recent Zoning Ordinance update process, the City Council
discussed situations that may exist when a land use of a temporary or
seasonal nature may be suitable for a specific Zoning District, in which they
would otherwise not be allowed.
Current Circumstances
In the case of the challenges facing commercial property owners in the current
economic environment, it may be appropriate to expand specific permitted
uses in certain commercial districts for a specified period of time, provided they
will still maintain the integrity of the commercial district they are proposed to
reside within.
Staff is proposing the following changes to the Zoning Ordinance to allow the
Council an opportunity to approve Interim Use Permits as appropriate:
Section 1108 (title) would be amended as follows:
. CONDITIONAL USE PERMITS, VARIANCES.. ANQ AMENDMENTS..
AND INTERIM USE PERMITS.
Section 1101.202 would be amended as follows:
. This Ordinance divides the City into 12 Use Districts. Within each Use
District certain uses of land are permitted, permitted with conditions,
permitted by conditional use permit or permitted bv an interim use
permit.
Section 1101.400 would be amended to add "interim use" to the definitions as
follows:
. Interim Use. A temporary uses of property until a particular date, until
the occurrence of a particular event, or until zoning regulations no
longer permits it.
www.cityofpriorlake.com
Phone,95Z.447,.9800 / Fax 952.447.4245
Section 1108.902 would be amended to add Interim Uses to the list of Land
Uses that are subject to Site Plan review procedures.
. Add the term Interim Use
Section 1108.1000 would have the following language added:
. INTERIM USE PERMIT.
1108.1001 PurDose and Intent. Certain uses, while
generally not suitable in a particular Zoning District, may, under
certain circumstances be acceptable for a prescribed period of
time. An Interim Use is a temporary use of property until a
particular date, until the occurrence of a particular event or until the
zoning regulations no longer permit it. An Interim Use may never
become a Use that is permitted, permitted with conditions or
allowed by conditional use permit unless a Use District in the
Zoning Ordinance is amended, following the procedure set out in
Section 1108.500, by a 4/5ths vote of the City Council to add the
Use.
1108.1001 Process. Two steps must occur before an Interim Use
can occupy a property. The first step requires the City Council to
designate a particular Use allowable in a specified Use District as
an Interim Use. The second step requires the application for and
approval of an Interim Use Permit.
(a) Designation of Interim Use. An Interim Use may be designated
by the City Council in the same manner as a Zoning Ordinance
Amendment.
(b) Application for Interim Use Permit. The procedures for applying
for an Interim Use Permit, the required exhibits, and the criteria for
granting an Interim Use shall follow the process for Conditional Use
Permits, as set out in Section 1108.200.
(c) Limited Application. Interim Uses shall only be allowed in
extraordinary circumstances and in response to a need that
benefits the overall community. The issuance of an Interim Use
Permit does not confer upon the property owner and vested right.
(c) Permit. The City Council may grant an Interim Use Permit for
the interim use of property if:
(1) The use conforms to (is allowed in) the zoning district;
(2) The date or event that will terminate the use can be
identified with certainty;
(3) Permitting the use will not impose additional costs on the
city if it is necessary for the city to take the property in the future;
and
(4) The permittee agrees in writing to any conditions that the
city council deems appropriate for permission of the use.
(d) Assent Form. An Interim Use Permit requires the applicant to
sign an assent form and any approved exhibits which acknowledge
the terms and conditions under which the Interim Use Permit is
granted. The applicant thereby agrees to observe and be bond by
the terms and conditions set forth.
(e) Permit Termination. An Interim Use Permit shall expire or be
terminated by:
(1) A change in zoning regulations, which prohibits the use.
(2) The date of event(s) stated in the permit.
(3) Upon a violation of any condition under which the permit
was issued.
(f) Permit Review. An Interim Use Permit must be reviewed
annually by staff, but may be reviewed at any time if the Council is
of the opinion that the terms and conditions of the permit have been
violated or if one (1) of the criteria for termination has been met.
(g) Permit Extension. The City Council shall have the right to
extend the termination date for such additional periods as are
consistent with the terms and conditions of the original permit, but
in no event beyond ten (10) years.
ISSUES:
Similar to a Conditional Use Permit, the Planning Commission and City Council
will have the opportunity to review the proposed land use and see if it's
appropriate for the specific site and for what specified time period. If
necessary, additional conditions can be added to assure the mitigation of
negative impacts on the adjacent community.
It should be noted that Interim Uses are to only be allowed when extraordinary
circumstances are presented and in response to a need that benefits the
overall community.
FINANCIAL
IMPACT:
The proposed amendments will provide several properties in the City the
opportunity to be used for more varied types of land uses, thereby possibly
increasing the general tax base.
ALTERNATIVES:
1. Adopt an ordinance amending the text of the City Code as proposed or
with changes specified by the City Council.
2. Deny the amendments to the ordinance.
3. Defer consideration of this item and provide staff with specific direction.
RECOMMENDED
MOTION:
The staff recommends Alternative #1
Motion and second to adopt an ordinance amending Section 1101 and 1108 of
the Prior Lake City Code.
Re~e~bY:
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4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO.1 09- XX
AN ORDINANCE AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
Section 1108 (title) is amended as follows:
. CONDITIONAL USE PERMITS, VARIANCES, ANG AMENDMENTS, AND INTERIM
USE PERMITS
Section 1101.202 is amended as follows:
. This Ordinance divides the City into 12 Use Districts. Within each Use District certain
uses of land are permitted, permitted with conditions, permitted by conditional use permit
or permitted bv an interim use oermit.
Section 1101.400 is amended to add "interim use" to the definitions as follows:
. Interim Use. A temporary uses of property until a particular date, until the occurrence of
a particular event, or until zoning regulations no longer permits it.
Section 1108.902 is amended to add Interim Uses to the list of Land Uses that are subject to
Site Plan review procedures.
Section 1108.1000 is amended to add the following language:
. INTERIM USE PERMIT.
1108.1001 PurDose and Intent. Certain uses, while generally not suitable in a
particular Zoning District, may, under certain circumstances be acceptable for a
prescribed period of time. An Interim Use is a temporary use of property until a
particular date, until the occurrence of a particular event or until the zoning regulations
no longer permit it. An Interim Use may never become a Use that is permitted, permitted
with conditions or allowed by conditional use permit unless a Use District in the Zoning
Ordinance is amended, following the procedure set out in Section 1108.500, by a 4/5ths
vote of the City Council to add the Use.
1108.1001. Process. Two steps must occur before an Interim Use can occupy a
property. The first step requires the City Council to designate a particular Use allowable
in a specified Use District as an Interim Use. The second step requires the application
for and approval of an Interim Use Permit.
(a) Designation of Interim Use. An Interim Use may be designated by the City Council
in the same manner as a Zoning Ordinance Amendment.
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Phone 952.447.9800 / Fax 952.447.4245
(b) Application for Interim Use Permit. The procedures for applying for an Interim Use
Permit, the required exhibits, and the criteria for granting an Interim Use shall follow the
process for Conditional Use Permits, as set out in Section 1108.200.
(c) Limited Application. Interim Uses shall only be allowed in extraordinary
circumstances and in response to a need that benefits the overall community. The
issuance of an Interim Use Permit does not confer upon the property owner and vested
right.
(d) Permit. The City Council may grant an Interim Use Permit for the interim use of
property if:
(1) The use conforms to (is allowed in) the zoning district;
(2) The date or event that will terminate the use can be identified with certainty;
(3) Permitting the use will not impose additional costs on the city if it is
necessary for the city to take the property in the future; and
(4) The permittee agrees in writing to any conditions that the city council deems
appropriate for permission of the use.
(e) Assent Form. An Interim Use Permit requires the applicant to sign an assent form
and any approved exhibits which acknowledge the terms and conditions under which the
Interim Use Permit is granted. The applicant thereby agrees to observe and be bond by
the terms and conditions set forth.
(f) Permit Termination. An Interim Use Permit shall expire or be terminated by:
(1) A change in zoning regulations, which prohibits the use.
(2) The date of event(s) stated in the permit.
(3) Upon a violation of any condition under which the permit was issued.
(g) Permit Review. An Interim Use Permit must be reviewed annually by staff, but may
be reviewed at any time if the Council is of the opinion that the terms and conditions of
the permit have been violated or if one (1) of the criteria for termination has been met.
(h) Permit Extension. The City Council shall have the right to extend the termination
date for such additional periods as are consistent with the terms and conditions of the
original permit, but in no event beyond ten (10) years.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 1st day of June, 2009.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of
,2009.
Drafted By:
Prior Lake Community Development of Natural Resources Department
4646 Dakota Street S. E.
Prior Lake, MN 55372
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