5.2 PCSR 03-08-2011REQUEST FOR ACTION
TO ITEM NUMBER
Plannin Commission 5.2
AGENDA SECTION MEETING DATE PREPARED BY
Planning Items March 8, 2011 Jerem Barnhart, Plannin Manager
ITEM DESCRIPTION REVIEWED By
Request by City of Elk River f or Ordinance Amendment
Regarding General Planning Permits, and Section 902 Pertaining REVIEWED BY
to Lighting, Public Hearing - Case No. OA 11-01
ACTION REQUESTED
Staff recommends approval of the ordinance amendments as drafted.
OVERVIEW-GENERAL PLANNING PERMIT
In July of 2009, the City Council granted authorization for staff to review the procedure to the General
Planning Permit process. A general planning permit is required when a tent is installed longer than 4 days
(Section 30-793 h) or when fireworks are sold out of doors (Chapter 22-231).
Elk River Code of Ordinances does not prescribe a process for the review of a General Planning Permit,
nor do they include evaluation criteria. This ordinance amendment is intended to address these issues.
OVERVIEW-LIGHTING
Periodically, through the use of the zoning and or subdivision ordinances, discrepancies are noted.
Section 30-902 prescribed lighting requirements for parking lots of 1foot-candle. Section 30-937 (2)
prescribes a minimum of 3foot-candles for commercial parking lots and 1.5 for all other parking lots.
The Council may address this issue by either striking in its entirety Section 30-902, or amending it to read:
30-902 Lighting. Lighting shall be directed away from the public right of way and nearby or adjacent
°ntial or agricultural conservation districts. Parking lots shall be lighting to a m;n;mum._Prescribed in
BACKGROUND/PRECEDENT
As noted above, the Code of Ordinances does not prescribe a process for the review, evaluation, and
approval or denial of a general planning permit. General Planning Permits are most frequentlyused for
fireworks tents in June, and landscape materials in April through July. Unti12009, these permits were
reviewed by the City Council. In recent years, the Council has directed these to be reviewed at the staff
level. The draft ordinance prescribes a staff level review.
ANALYSIS
The draft regulations are patterned after the City's Conditional Use Permit process, without the public
hearing and without City Council approval. As with any staff level decision, an applicant may appeal
through the City's appeal process.
Case File: XX
Page 2
ATTACHMENTS
^Draft Ordinance
Application
ACtIOn Motion by Second by Vote
Follow Up
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report to PC 3-8- l l.docx
8~ril~etl}reagbs to be removed
Underlines to be added
ORDINANCE --
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING THE
REGULATIONS PERTAINING TO PARKING LOT LIGHTING AND A
PRESCRIBING THE PROCESS FOR REVIEW OF GENERAL PLANNING
PERMITS, ALL CONTAINED WITHIN SECTION 30 OF THE ELK RIVER,
MINNESOTA, CITY CODE
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-902 titled, Lighting, of the City of Elk River Code of
Ordinances shall be deleted and purposely left blank.
Section 2. Anew subdivision N titled General Planning Permits shall be added
to the City of Elk River Code of Ordinances to read as follows:
Sec. 30-670. Application.
(a) A general planning permit may be issued for temporary site plans in accordance with
this article for only those uses or purposes for which such permits are required or authorized by this
article. Such uses may be permitted for a period not to exceed 180 days.
(b) An application for a general planning permit shall be filed with the City on a form
prescribed by the city. The application shall be accompanied by such plans and information as may
be required by the city, including, without limitation:
(1) A site plan drawn at scale showing all abutting lots, existing buildings, existing
uses, utilities, curb cuts.
(2) A proposed development plan showing proposed ingress and egress to the
property and proposed structures, off-street parking and loading areas, and, where appropriate, plans
for utilities, lighting, signs and open space, and a development schedule.
Sec. 30-671. Review by Staff.
On receipt of a completed application, including necessary plans and information, the director of
planning shall schedule its review by city staff.
Sec. 30-672. Standards for issuance.
(a) Required findings. City staff shall approve a general planning permit only if it fords that
such use at the proposed location:
(1) Will not endanger, injure or detrimentally affect the use and enjoyment of other
property in the immediate vicinity or the public health, safety, morals, comfort, convenience or
general welfare of the neighborhood or the city.
(2) Will be consistent with the comprehensive plan.
(3) Will not impede the normal and orderly development and use of surrounding
property.
(4) Will be served adequately by and will not adversely affect essential public
facilities and services including streets, police and fire protection, drainage, refuse disposal, water and
n:\departments\community development\planning\case files\oa\oa 11-01 lighting-general planning permit\oa 11-
01 ordinance.docx
sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference
with traffic on adjacent and neighboring public thoroughfares.
(5) Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons or property because of excessive traffic, noise,
smoke, fumes, glare, odors, dust or vibrations.
(6) Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
(7) Will fully comply with all other requirements of this Code, including any
applicable requirements and standards for the issuance of a license or permit to establish and operate
the proposed use in the city.
(b) Denial of permit. If City staff denies the general planning permit, it shall accompany its
determinations by findings or a report stating how the proposed use does not comply with the
standards set forth in this section.
Sec. 30-673. Conditions.
In approving a conditional use permit, the council may impose such specific conditions with regard
to the development or operation of the proposed use as it considers necessary to satisfy the
standards set forth in section 3O-6?2 and the requirements contained in this article and to promote
compatibility with and minimize any potentially adverse effects upon adjacent properties, the
neighborhood or the city. Such conditions may include, without limitation, requirements relating to
the following:
(1) Ingress and egress to the property and proposed structures with particular
reference to vehicle and pedestrian safety and convenience, traffic flow and control and access in
case of fire or other catastrophe.
(2) Off-street parking and loading areas where required and the economic, noise,
glare or odor effects of the proposed use on nearby property.
(3) Refuse and service areas.
(4) Utilities with reference to location, availability and compatibility.
(5) Signs, if any, and proposed exterior lighting with reference to glare, traffic
safety, economic effect and compatibility and harmony with properties in the district.
(6) Design and location compatibility with adjacent properties and other properties
in the district.
(7) Expiration date.
Sec. 30-674. Expiration.
A single general planning permit shall not be approved for a period exceeding 180 days. No more
than two general planning permits may be issued for a single parcel in a given year, the cumulative
days granted a general planning permit shall not exceed 180 days.
Sec. 30-675. Compliance.
Any use permitted under the terms of a conditional use permit shall be established and conducted in
conformity with the terms of such permit and of any conditions established in connection therewith.
A violation of any such condition shall constitute a violation of this article and shall be subject to the
penalties and enforcement actions provided for in section 30-576.
Section 3. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the City Council of the City of Elk River this day of
20_.
s: \ document\ordinance\oa97-1. doc
John J Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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