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HomeMy WebLinkAbout9B CUP Extension Ord Amend 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: APRIL 25, 2016 AGENDA #: 9B PREPARED BY: PRESENTED BY: JEFF MATZKE, PLANNER JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING 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 agenda item is to consider certain amendments to Subsec- tion 1108.217 of the Prior Lake Zoning Ordinance related to the extensions of time for Conditional Use Permits. History The Planning Commission held a public hearing at its April 18, 2016 meeting. No members of the public commented and after consideration the Planning Commission recommended approval of the ordinance amendment. 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 up to one year past expiration pe- riods. These extensions are heard and approved by either the Planning Com- mission or City Council depending on the type of application. 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 allows one permit extension of up to 90 days per each request. Therefore, City Staff is recommending the fol- lowing 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 to allow extension requests up to one year for issued conditional use permits will provide for better consistency for all the zoning and land use applications. Sometimes various land use applications ap- ply to the same project (i.e., a plat may also contain a variance and/or conditional 2 use permit approval) so the consistent application of possible extension requests is even more important for such complex projects. ISSUES: 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 is needed 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. FINANCIAL IMPACT: There is no financial impact related to this amendment change. ALTERNATIVES: 1. Motion and a second to approve an Ordinance amending Subsection 1108.217 of the Prior Lake Zoning Ordinance related to the extension of time for conditional use permits. 2. Motion and a second to deny the proposed Ordinance amending Subsection 1108.217 of the Prior Lake Zoning Ordinance related to the extension of time for conditional use permits based on specific findings. 3. Motion and a second to table this item and request staff for more information. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 116-xx AN ORDINANCE AMENDING SUBSECTION 1108.217 OF THE PRIOR LAKE CITY CODE RELATED TO EXTENSION OF TIME FOR CONDITIONAL USE PERMITS The City Council of the City of Prior Lake, Minnesota, does hereby ordain that: 1. Subsection 1108.217, Extension of Time, of the Prior Lake Zoning Ordinance is hereby deleted and replaced in its entirety with the following: Extension of Time. The Planning Commission may grant one or more 1-year extension of time beyond the termination date for any Conditional Use Permit. The fee to process an extension request shall be set by the City Council. Requests for extension of time must be filed with the Zoning Administrato r before the termination date of the Conditional Use Permit, but such request shall not be filed more than 30 days before the termination date. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 25th day of April, 2016. ATTEST: City Manager Mayor To be published in the Prior Lake American on the 30th day of April, 2016.