HomeMy WebLinkAbout4C CUP Extension Report
4646 Dakota Street SE
Prior Lake, MN 55372
PLANNING COMMISSION AGENDA REPORT
MEETING DATE: APRIL 18, 2016
AGENDA #: 4C
PREPARED BY:
PUBLIC HEARING:
JEFF MATZKE, PLANNER
YES
AGENDA ITEM: CONSIDER A RECOMMENDATION FOR AMENDMENTS TO SUBSECTION
1108.217 OF THE PRIOR LAKE ZONING ORDINANCE RELATED TO EXTEN-
SIONS OF TIME FOR CONDITIONAL USE PERMITS
DISCUSSION: Introduction
The purpose of this public hearing is to consider certain amendments to Sub-
section 1108.217 of the Prior Lake Zoning Ordinance related to the extensions
of time for Conitional Use Permits.
Current Circumstances
Recently it has come to the attention of City Staff that extensions of time involv-
ing Conditional Use Permits in the City Ordinance is not consistent with other
Zoning and Land Use applications. Generally applicants of these projects have
the ability to request extensions of conditions and applicability up to one (1) year
past expiration periods. These extensions are heard and approved by either the
Planning Commission and City Council depending on the type of application.
For instance, variance and conditional use permits are reviewed for approval by
the Planning Commission and plats and planned unit developments (PUDs) are
reviewed for approval by the City Council therefore the applicable governmental
board must review each extension request.
For plats, PUDs, and variances the governing board has the ability to extend the
approval timeframe for a defined period of time up to one (1) year; however, the
Ordinance provision for conditional use permits one permits extensions of up to
90 days per each request. Therefore the City Staff is recommending the follow-
ing change:
1108.217 Extension of Time. The Planning Commission may grant one or
more 90-day 1 year extensions of time under Subsection 1108.216(2) beyond
the termination date for any Conditional Use Permit. The fee to process an ex-
tension request shall be set by the City Council. Requests for extension of time
must be filed with the Zoning Administrator before the termination date of the
Conditional Use Permit, but such request shall not be filed more than 30 days
before the termination date
Conclusion
City Staff believes that the process change to allow extension requests up to one
year for issued conditional use permits will provide for more clarity and better
consistency for all the zoning and land use applications. Sometimes various
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land use applications apply to the same project (i.e.- a plat may also contain a
variance and/or conditional use permit approval) so the consistent application of
possible extension requests is even more important for a such complex projects.
City Staff recommends the ordinance admendment.
ZONING ORDINANCE AMENDMENT FINDINGS:
Section 1108.600 of the Zoning Ordinance states:
1108.600 POLICY FOR AMENDMENTS. Recommendations of the Planning Com-
mission and final determinations of the City Council shall be supported by find-
ings addressing the relationship of the proposed amendment to the following
policies. In the case of amendments to the formal text of this Ordinance:
There is a public need for the amendment, or
The amendment will accomplish one or more of the purposes of
this Ordinance, the Comprehensive Plan or other adopted plans
or policies of the City, or
The adoption of the amendment is consistent with State and/or
federal requirements.
1. There is a public need for the amendments.
The amendment isneeded to provide the public with an extension process
that is clear and consistent with other land use applications.
2. The amendment will accomplish one or more of the purposes of this
Ordinance, the Comprehensive Plan, or other adopted plans or policies
of the City.
The proposed amendments meet these purposes of the Zoning Ordinance:
Provide effective administration of this Ordinance and any future amend-
ments to this Ordinance and prescribe penalties for the violation of its re-
quirements.
3. The adoption of this amendment is consistent with State and/or federal
requirements.
These amendments are consistent with federal and state requirements.
Based upon the findings set forth in this report, staff recommends approval of
the proposed Zoning Ordinance amendment.
ALTERNATIVES: 1. Motion and a second to recommend the City Council approve the amend-
ments to Subsection 1108.217 of the Prior Lake Zoning Ordinance related to
the extensions of time for conditional use permits as proposed, or with
changes specified by the Planning Commission
2. Motion and a second to recommend the City Council deny the proposed
amendments to Subsection 1108.217 of the Prior Lake Zoning Ordinance
related to the extensions of time for conditional use permits based on specific
findings.
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3. Motion and a second to table or continue discussion of the item for a specific
purpose.
RECOMMENDED
MOTION:
Alternative #1