HomeMy WebLinkAbout10C - Ord. Temporory Uses
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
NOVEMBER 4, 2002
10 C
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF AN ORDINANCE APPROVING
AN AMENDMENT TO ZONING ORDINANCE SECTIONS
1101.1000 AND 1101.510 PERTAINING TO TEMPORARY
USES IN NONRESIDENTIAL DISTRICTS (Case File #02-114)
Introduction: The purpose of this agenda item is to consider an
amendment to the Zoning Ordinance pertaining to temporary uses
within Non-Residential districts. This amendment was initiated by
direction of the City Council.
History: The proposed amendment has two parts. The first part is an
amendment to Section 1101.1000, adding a definition of temporary
uses. The second part is an amendment to Section 1101.510,
expanding the types of temporary uses permitted in nonresidential
districts and establishing a procedure for those types of uses.
DEFINITION: The Zoning Ordinance currently lists specific uses that
may be allowed as temporary uses, but does not include a general
definition oftemporary uses. To remedy this, the staff suggests the
following definition be added:
Temporary Uses. A use established for a duration of 6 months or
less with the intent to discontinue the use upon the expiration of the
time period.
ALLOWED TEMPORARY USES: Section 1101.510 of the Zoning
Ordinance lists the types of uses allowed as temporary uses. These
include construction and sales trailers for new developments, carnivals,
festivals and promotional events, temporary outdoor sales, agricultural
commodities (Christmas tree sales) and pollution abatement structures.
The purpose of the proposed amendment is to expand the types of
temporary uses allowed in nonresidential districts.
The City's authority to allow temporary uses is in Minnesota Statutes
Chapter 462.3597, Subdivision 2. A copy ofthis statute is attached to
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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this report. Based on the statutory language, the staff and the City
Attorney have drafted the following language:
(8) Temporary Uses in Non-Residential Districts. Any use not
otherwise permitted in a nonresidential district by the City's
Zonine Ordinances may be allowed subject to the followine
conditions:
a. The applicant must set a specific date by which the
temporary use will be terminated. The duration of the use
may not exceed 6 months.
b. The property shall be allowed only one such temporary use
at a time.
c. The use will not involve the construction of any new
structures, the exterior alterations of any existine
structures or any permanent land alteration on the site.
d. Parkine for the use must be located on the site and must
comply with the parkine requirements listed in Section
1107 of the Zonine Ordinance.
e. Uses located within an existine buildine must comply with
all applicable City ordinances and State statutes, inc1udine,
but not limited to, buildine code, fire code, and electrical
code. The applicant must obtain the proper permits prior
to occupancy of the site.
f. Requests for such temporary uses will be processed as a
conditional use permit. The applicant must submit an
application for a conditional use permit, as outlined in
Section 1108.200 of the Zonine Ordinance.
g. No temporary use will be permitted if the use will impose
additional costs on the public if it is necessary for the public
to take the property in the future.
h. The applicant must aeree to any additional conditions that
the City may deem appropriate at the time it erants
permission for the temporary use.
i. The City reserves the rieht to deny a temporary use if the
City believes such use is incompatible with the public
interest. The City also reserves the rieht to chanee its
Zonine Ordinances. A chanee in the Zonine Ordinances
may terminate a temporary use.
j. As part of the Conditional Use Permit for the temporary
use, the applicant and the owner of the property must enter
into a contract with the City settine out the terms and
conditions of the temporary use and the penalties for
violation thereof.
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Current Circumstances: The Planning Commission considered this
amendment at a public hearing on October 28, 2002. The Planning
Commission recommended approval of the proposed amendment. The
attached draft ordinance outlines the proposed amendment. The
Planning Commission felt this amendment provided the City with
additional flexibility.
The Issues: The City Council must make a decision whether to amend
the ordinance based on the following criteria:
. There is a public need for the amendment.
The proposed amendment may accommodate those circumstances
in which the establishment of a temporary use will serve a public
purpose. The public health, safety and welfare will continue to be
protected by the Building Code provisions and other City
ordinances and State statutes.
. The amendment will accomplish one or more of the purposes
of the Zoning Ordinance, the Comprehensive Plan or other
adopted plans or policies of the City.
The goals and objectives of the Comprehensive Plan include:
. Determine and strive for a balance of commerce, industry and
population;
. Promote sound land use;
. Maintain high standards in the promotion and development of
commerce and industry;
. Enact and maintain policies and ordinances to ensure the public
safety, health and welfare.
The proposed amendment strives to accomplish these goals and
objectives by allowing some uses on a temporary basis, and by
requiring these uses to meet very specific standards in order to
protect the public interest.
. The adoption of the amendment is consistent with State and/or
federal requirements.
This amendment is consistent with Minnesota Statutes, Chapter
462.3597, Subdivision 2.
This amendment is intended to accommodate those circumstances in
which the establishment of a temporary use will serve a public
purpose. The ordinance is not intended to encourage such uses on a
regular basis. As noted in the attached memorandum from the City
Attorney, we have some concerns about the risk of abuse of this
provision of the ordinance. Neither the staff nor the City Attorney has
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ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
experience with temporary uses of this nature. We may want to
reevaluate the provision after the first application has been completed.
Conclusion: Based on the above findings, both the Planning
Commission and the staff recommend approval of this amendment.
The City Council has three alternatives:
1. Adopt an Ordinance approving the proposed amendment as
recommended.
2. Deny the proposed Ordinance.
3. Defer this item and provide staff with specific direction.
The staff recommends Alternative #1. A motion and second to adopt
Ordinance 02-XX a oving the amendment as recommended by the
PI . ng C
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CITY OF PRIOR LAKE t '-
ORDINANCE NO. 02-" \0
AN ORDINANCE AMENDING SECTIONS 1101.1000 AND 1101.510 OF THE
PRIOR LAKE CITY CODE
The City Council ofthe City of Prior Lake does hereby ordain that:
1. Section 1101.1000 of the Prior Lake City Code is hereby amended to add the definition of
temporary uses as follows:
Temporary Uses. A use established for a duration of 6 months or less with the intent to
discontinue the use upon the expiration of the time period.
2. Section 1101.510 of the Prior Lake City Code is hereby amended to add paragraph 8 as
follows:
(8) Temporary Uses in Non-Residential Districts. Any use not otherwise permitted in
a nonresidential district by the City's Zonin2 Ordinances may be allowed subject
to the followin2 conditions:
a. The applicant must set a specific date by which the temporary use will be
terminated. The duration of the use may not exceed 6 months.
b. The property shall be allowed only one such temporary use at a time.
c. The use will not involve the construction of any new structures, the exterior
alterations of any existin2 structures or any permanent land alteration on the
site.
d. Parkin2 for the use must be located on the site and must comply with the
parkin2 requirements listed in Section 1107 ofthe Zonin2 Ordinance.
e. Uses located within an existin2 buildin2 must comply with all applicable City
ordinances and State statutes, includin2, but not limited to, buildin2 code, fire
code, and electrical code. The applicant must obtain the proper permits prior
to occupancy of the site.
f. Requests for such temporary uses will be processed as a conditional use
permit. The applicant must submit an application for a conditional use
permit, as outlined in Section 1108.200 of the Zonin2 Ordinance.
g. No temporary use will be permitted if the use will impose additional costs on
the public if it is necessary for the public to take the property in the future.
h. The applicant must a2ree to any additional conditions that the City may deem
appropriate at the time it 2rants permission for the temporary use.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372~1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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i. The City reserves the ri2ht to deny a temporary use if the City believes such
use is incompatible with the public interest. The City also reserves the right
to chan2e its Zonin2 Ordinances. A change in the Zoning Ordinances may
terminate a temporary use.
j. As part of the Conditional Use Permit for the temporary use, the applicant
and the owner of the property must enter into a contract with the City setting
out the terms and conditions of the temporary use and the penalties for
violation thereof.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 4th day of November, 2002.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 9th day of November, 2002.
Drafted By:
City of Prior Lake Planning Department
I 6200 Eagle Creek A venue
Prior Lake, MN 55372
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Minnesota Statutes 2002, 462.3597
Minnesota Statutes 2002, Table of Chapters
Table of contents for Chapter 462
462.3597 Interim uses.
Subdivision 1. Definition.
temporary use of property until a
occurrence of a particular event,
longer permit it.
An "interim use" is a
particular date, until the
or until zoning regulations no
Subd. 2. Authority. Zoning regulations may permit
the governing body to allow interim uses. The regulations may
set conditions on interim uses. The governing body may grant
permission for an interim use of property if:
(1) the use conforms to the zoning regulations;
(2) the date or event that will terminate the use can be
identified with certainty;
(3) permission of the use will not impose additional costs
on the public if it is necessary for the public to take the
property in the future; and
(4) the user agrees to any conditions that the governing
body deems appropriate for permission of the use.
Any interim use may be terminated by a change in zoning
regulations.
Subd. 3. Public hearings. Public hearings on the
granting of interim use permits shall be held in the manner
provided in section 462.357, subdivision 3.
HIST: 1989 c 200 s 2
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/ 462/3597 .html
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10/23/2002
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halleland lewis nilan
sipkins & johnson
Attorneys at Law/P.A.
600 Pillsbury Center South
220 South Sixth Street
Minneapolis, MN 55402-4501
Office: 612.338.1838 Fax: 612.338.7858
www.halleland.com
MEMORANDUM
TO:
Jane Kansier
FROM:
Suesan Lea Pace
Joseph G. Schmitt
DATE:
October 23, 2002
RE:
Proposed Zoning Ordinance Amendments
File No. 20245-0002
We have reviewed the two proposed amendments to the City Zoning Ordinance.
We have several comments to the proposed amendments. These suggestions (revised
language in italics) are as follows:
· We suggest revising Paragraph 8 of the Temporary Use Amendment to read:
"Temporary uses in non-residential districts. Any use not otherwise permitted
in a non-residential district by the City's Zoning Ordinances may be allowed
subject to the following conditions:" This revision specifies that we are
revising the Zoning Ordinances, but not other City Ordinances. The other
limitations on a potential temporary use remain in full force and effect.
· We suggest revising Paragraph 8(a) of the Temporary Use Amendment to
read: "The applicant must set a specific date by which the temporary use will
be terminated. The duration of the use may not exceed 6 months." This
language is designed to comply with Minnesota Statutes Section 462.36,
subdivision 2.
. We suggest revising Paragraph 8(b) of the Temporary Use Amendment to
read: "The property shall be allowed only one such temporary use at a time."
The current language is unclear as to whether the property is permitted only
one temporary use at a time or one temporary use ever; this revision
eliminates the uncertainty.
. We suggest revising Paragraph 8(f) of the Temporary Use Amendment to
read "all applicable City ordinances and State statutes," to include State
statutes as well as ordinances.
· We suggest adding a new paragraph to the Temporary Use Amendment that
would read as follows: "No temporary use will be permitted if the use will
impose additional costs on the public if it is necessary for the public to take
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the property in the future." This language is designed to comply with
Minnesota Statutes Section 462.36, subdivision 2.
· We suggest adding a new paragraph to the Temporary Use Amendment that
would read as follows: "The applicant must agree to any additional conditions
that the City may deem appropriate at the time it grants permission for the
temporary use." This language is designed provide additional flexibility to the
City and to comply with Minnesota Statutes Section 462.36, subdivision 2.
. We suggest adding a new paragraph to the Temporary Use Amendment that
would read as follows: "The City reserves the right to deny a temporary use if
the City believes such use is incompatible with the public interest. The City
also reserves the right to change its Zoning ordinances. A change in the
Zoning ordinances may terminate a temporary use." This language is
designed provide additional flexibility to the City and to comply with
Minnesota Statutes Section 462.36, subdivision 2.
. We suggest adding a new paragraph to the Temporary Use Amendment that
would read as follows: "The applicant and the owner of the property must
enter into a contract with the City setting out the terms and conditions of the
temporary use and the penalties for violation thereof." This language is
designed provide additional protection to the City and ensure that the owner
is aware of the temporary use and responsible for any inappropriate use.
. We suggest revising Paragraph (2) of the Requirements for Fences
Amendment to read "The front yard shall be determined by the location of the
garage. The direction the garage is facing shall be considered the front yard."
This language is a bit more specific as to how the location of the garage shall
determine the front yard in a corner lot context.
We believe that these revisions improve the specificity and capture the spirit of the
amendments. In addition, on a separate note, we are concerned that a temporary use in a
TIF District may cause the building or structure to lose its TIF eligibility. This does not need
to be addressed explicitly in the ordinance, but we do believe that it should be addressed by
staff in the application process. Finally, we are concerned that even with these protections,
there is some risk of abuse of the process. You may be interested in reevaluating the
addition of these provisions after the first application has been completed. If you have any
questions about these revisions, or any other matters, please do not hesitate to contact us.
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