6.1. SR 03-21-2011./j
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REQUEST FOR ACTION
TO ITEM NUMBER
Ci Council 6.1.
AGENDA SECTION MEETING DATE PREPARED BY
Communi Develo went March 21, 2011 erem Barnhart, Plannin Mana er
ITEM DESCRIPTION REVIEWED By
Request by City of Elk River for Ordinance Amendment
Regarding General Planning Permits, and Section 902 Pertaining REVIEWED BY
to Lighting, Public Hearing -Case No. OA 11-01
ACTION REQUESTED
Staff and the Planning Commission recommend approval of the ordinance as drafted.
BACKGROUND/DISCUSSION
This ordinance amendment attempts to address two issues, the General Planning Process, and a small
discrepancy with lighting regulations.
General Planning Permit
The Zoning Ordinance prescribes a General Planning Permit (GPP) for the sale of fireworks outdoors, or
the display of tents fox a period longer than 4 days. The zoning code does not prescribe a process for the
review and approval of a General Planning Permit.
In the past, until about 2008, all General Planning Permits were reviewed by staff and Council. In 2009,
the Council directed staff to review these, and that they not go to the Council unless the applicant
disagreed with staff's decision. This was done because there are typically no issues not already identified
by staff, and to reduce the time involved in getting these permits.
The proposed ordinance formally outlines a process to review and approve these permits, and is
somewhat based on the Conditional Use Permit process.
Li-~~
The Zoning Ordinance in Section 30-902 prescribes a minimum foot-candle of 1 for lighting in parking
lots. Section 30-937 (2) prescribes a minimum of 3foot-candles for commercial parking lots, and 1.5
foot-candles for all other parking lots. Staff suggests deleting Section 30-902 and purposely leaving it
blank.
PLANNING COMMISSION REVIEW
The Planning Commissioner reviewed the ordinance at their meeting on March 8, and had no issues or
concerns with the draft as proposed.
PUBLIC COMMENT
No comments in support or opposition have been received.
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FINANCIAL IMPACT
None
ATTACHMENTS
Staff report to the Planning Commission dated March 8, 2011
Draft Ordinance.
Action Motion by Second by Vote
Follow Up
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REQUEST FOR ACTtO[~t
TO ITEM NUMBER
Pla 4 Commission 5.2
AGENDA SECTION MEETING DATE PREPARED BY
Planning Items March 8, 2011 JeremyBarnhart, Planning Manager
ITEM DESCRIPTION REVIEWED By
Request by City of Elk River for 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
. .. ~~ ~ ~ • : 1 • r• 1 • t• 1 1 1 n 1 /1 1 T' t
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. Until 2009, 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 Perniit process, without the public
hearing and without City Council approval. As with any staff level decision, an applicant may appeal
through the Cats appeal process.
Case File: XX
Pale 2
ATTACHMENTS
^Draft Ordinance
Application
Action Motion by Second by Vote
Follow Up
N:\Departments\CommunityDevelopment\Ilanning\Case Files\OA\OA 11-01 Lighting-General planning permit\OA i1-01 GPP Lighting staff
report to PC 3-8-11.docx
~e~s to be removed
Underlines to be added
ORDINANCE I I - _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING THE
REGULATIONS PERTAINING TO PARKING LOT LIGHTING AND
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. That Section 30-902, titled Lighting, of the City of Elk River Code of
Ordinances, shall be deleted and purposely left blank.
Section 2. That Section 30-1, definitions, of the City of Elk River Code of
Ordinances shall be amended to add the following: General Planning Permit means
a permit issued bythe City Land Development Staff in accordance with sections 30-
671, et seq.
Section 3. That Section 30-602, of the City of Elk River Code of Ordinances,
shall be amended to add new subsection (9) hereto, which shall read as follows:
(9) Review applications for and, where the standards for issuance set forth in Section
30-674 are met, issue General Planning Permits in accordance with sections 30-
671, et seq.
Section 4. That Chapter 30, Article VI, Division 2 of the City of Elk River Code
of Ordinances shall be amended to add a new subdivision IV, titled General Planning
Permits to read as follows:
Sec. 30-671. Uses or Purposes Authorized.
(a) A General Planning Permit maybe issued by City Land Development Staff in
accordance with this article, for the following temporaryuses or purposes:
(i) Temporary outdoor firework retail sales
(u, Temporary outdoor landscape material and supply sales
(iu, Temporary retail sales of items allowed in the district
(b) Such uses shall be permitted for a period not to exceed 180 days
Sec. 30-672. Application.
(a) An application for a General Planning Permit shall be filed with the City on a form
prescribed bythe City. The application shall be accompanied bysuch plans and information as may
be required by the city, including, without limitation:
(i) A statement of the proposed use and period of time proposed for the use.
(n, A site plan drawn at scale showing all abutting lots, existing buildings, existing
uses, utilities, curb cuts.
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(iu~ 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. 30-673. Review and approval by City Land Development Staff.
(a) On receipt of a completed application, including necessaryplans and information, the
director of planning shall schedule its review by City Land Development Staff
(b) CityLand Development Staff shall only approve an application for a General Planning
Permit if staff finds that the application meets the standards for issuance set forth in
section 30-674.
Sec. 30-674. Standards for issuance.
(a) Required findings. City staff shall approve a general planning permit only if it finds 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
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 anypersons or properrybecause 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.
Sec. 30-675. Denial of Permit
(a) If CityLand Development Staff denies an application for a General Planning Permit, it
shall accompany its determination with a report stating how the proposed use does not
complywith the standards set forth in Section 30-674.
(b) If an application for a General Planning Permit is denied, the applicant shall have the
right to appeal the denial to the Board of Adjustment as provided in Section 30-633 of
this Ordinance.
Sec 30-676. Conditions
In approving a General Planning Permit, City Land Development Staff may impose such specific
conditions with regard to the development or operation of the proposed use as it considers necessary
to satisfythe standards set forth in section 30-674 and the requirements contained in this article and
to promote compatibilitywith and,»inimi~p anypotentiallyadverse 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.
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(2) Off-street parking and loading areas where required and the economic, noise,
glare or odor effects of the proposed use on nearbyproperry.
(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 harmonywith properties in the district.
(6) Design and location compatibilitywith adjacent properties and other properties
in the district.
(7) Expiration date.
Sec. 30-677. Expiration.
A General Planning Permit shall not approve anyuse for a period exceeding 180 days. No more
than two General Planning Permits maybe issued for a single lot or business in a given year. Where
two General Planning Permits are issued to one lot or business in a single year, the cumulative days
permitted bythe permits shall not exceed 180 days.
Sec. 30-678. Compliance.
Any use permitted under the terms of a General Planning Permit shall be established and conducted
in conformitywith the terms of approval of such permit and of anyconditions 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 5. That this ordinance shall take effect upon adoption as provided by law.
Passed and adopted by the City Council of the City of Elk River this day of
20
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
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