6.13. SR 03-20-2000'ity of
River
TO:
FROM:
MEMORANDUM
Mayor & City Council
Michele McPherso , I~
Item
Director of Planning
DATE:
March 2, 2000
SUBJECT:
Case Number: OA 00-2
Request by the City of Elk River to Amend
Section 900.42 and add Section 900.43 of
the Zoning Code Relating to Conditional
Use Permits; Public Hearing
Request
The City of Elk River requests that an ordinance amendment be approved to:
provide a process for the revocation of conditional use permits, and
provide a process for the approval of interim uses.
Neither of these provisions is currently in the ordinance.
Attachments
· Ordinance 00-
Overview
As stated earlier, neither of these provisions is in the current zoning ordinance. While
there has not been a need to revoke a conditional use permit, it is important to treat
revocation consistently from case to case. Specific requirements are important in
promoting consistency.
Interim uses are useful to the City in that they may allow a use on a parcel that is zoned
or guided differently than the proposed interim use. This allows economic use of the
property for the property owner while preserving the property for some higher use in the
future.
Analysis
Revocation
Section 900.42.8 is proposed amendment language to the current ordinance regarding
failure to comply and the resulting revocation of a conditional use permit. The process
for revocation is proposed as follows:
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor & City Council/OA 00-2
March 2, 2000
Page 2
o
Determination of noncompliance and establishment of a hearing before the
City Council to receive testimony and establish findings.
Notification of the property owner and the operator that a hearing has been
scheduled. The notice shall include the alleged noncompliance.
Conduction of the hearing to receive testimony and evidence regarding the
noncompliance. The property owner and operator will have an opportunity to
provide testimony and evidence to the contrary.
Establishment of findings by the City Council.
Ordering of revocation based on findings that one or more violations of one or
more of the conditions of the conditional use permit have occurred.
Revocation orders may be appealed through the District Court.
Interim Uses
Section 900.43 is proposed new language (new section) regarding approval of interim
uses. Interim uses are defined, as temporary use of a property "until a particular date,
until the occurrence of a particular event, or until the zoning regulations no longer
permit the use". The "temporary" parking lot for use by students at the former Morrell
Trucking facility is a good example of an interim use.
Interim uses are a valuable land use tool in that they can provide opportunities for
landowners to utilize their land temporarily while waiting for future development. This is
especially true of lands that are in transition or awaiting redevelopment, as in the case
of the former Morrell Trucking facility. Another example of where this may be used is in
the area of the Highway 169/County Road 33 intersection. The Department of
Transportation has requested City assistance in preserving right of way in this location
for a future interchange. Interim uses would allow temporary use of the land adjacent
to the intersection while waiting for the interchange to occur.
The attached language defines criteria for issuance of an interim use permit and
requires the same process as a conditional use permit for issuance (Planning
Commission public hearing and recommendation, City Council public hearing and
approval/denial). The criteria to consider include, specificity and certainty of the end
date or event, impacts to adjacent properties, similarity to adjacent uses, and increased
costs to the public should the land be acquired in the future by a public entity. The
proposed language also provides the City with the ability to require a financial security
to end the use as agreed upon.
Planning Commission Action
The Planning Commission voted unanimously to recommend approval of the ordinance
amendment to the City Council.
Recommendation
Staff recommends that the City Council approve the attached ordinance amendment
regarding revocation of conditional use permits and establishment of interim uses.
ORDINANCE -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.42 AND ADDING SECTION 900.43 OF THE CITY CODE OF
ORDINANCES
CASE NO. OA 00-2
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.42 of the City of Elk River Code of Ordinances
shall be amended to read as follows:
6. Expiration.
If the proposed work described in a conditional use permit
has not been substantially completed within two (2) years
after its date of issuance, the permit shall expire and
become void except that the Council may, following
recommendation of the Planning Commission, extend the permit
for an additional period determined by the Council on the
receipt of a request for a permit extension prior to its
expiration. A conditional use permit authorizes only the
use specified in the permit and shall expire if, for any
reason, the authorized use ceases for more than six (6)
months.
7. 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 Ordinance and shall be
subject to the penalties and enforcement actions provided
for in Section 900.46 of this ordinance.
8. Revocation.
A. In addition to the remedies otherwise provided for in
this ordinance, failure to comply with the conditions set
forth in the approval of a conditional use permit may result
in revocation of the permit by the City.
B. The revocation process shall be as follows:
i). If the City Administrator or the City Council
determines that cause exists to find noncompliance with the
terms of a conditional use permit, the City council may
direct that a hearing be scheduled before the City Council_
to receive testimony and evidence, to establish findings,
and to determine whether the conditional use permit shall be
revoked.
ii). The owner of the property on which the conditional use
is located, and, if known to the City, the owner or operator
of the conditional use, shall be notified of the hearing by
personal delivery or certified mail, no less than ten (10)
days before the hearing. The notice of hearing shall
include a summary of the alleged noncompliance of the
conditional use permit.
ii). At the hearing, the City Council shall receive
testimony and evidence from the public and the City staff
regarding the compliance or noncompliance of the use with
the conditional use permit. The property owner and the
owner or operator of the conditional use shall have an
opportunity to testify and present evidence.
iv). At the conclusion of the public hearing the City
Council may continue the revocation to a future date or make
its findings and determination.
v). If the City Council determines that the conditions of
the conditional use permit have not been met, it may order
revocation of the conditional use permit effective on such
date as it shall determine.
vi). Revocation of a conditional use permit shall not be
ordered unless the City Council has made findings in writing
or on the record of the Council proceedings that there have
been one or more violations of one or more conditions of the
conditional use permit.
vii). Revocation of a conditional use permit shall be a
final action of the City Council, appealable only to
District Court, as provided by law.
Section 9.. Section 900.43 of the City of Elk River Code of Ordinances
shall be added as follows:
900.43 - INTERIM USES
1. Defined.
Interim uses are defined as the temporary use of a property
until a particular date, until the occurrence of a
particular event, or until the zoning regulations no longer
permit the use.
2. Authorized by the City Council
The City Council may authorize interim uses of property by
issuance of interim use permits. Interim uses that are not
consistent with the land use designated on the adopted Land
Use Plan may be authorized. Interim uses that fail to
comply with all of the zoning standards established for the
district within which it is located may also be authorized.
3. Criteria.
In determining whether to authorize an interim use, the
Planning Commission and City Council shall consider the
following criteria:
no
Co
The period of time for which the interim use permit is
to be granted will terminate before any adverse
impacts are felt upon adjacent properties.
There shall be adequate assurance that the property
will be left in suitable condition after the use is
terminated.
The use is similar to uses defined in the zoning
district in which the property is located.
The date or event that will terminate the use can be
identified with certainty.
Authorizing the use will not impose additional costs
on the public if it is necessary for the public to
take the property in the future.
The applicant and user agree to all conditions that
the City Council deems appropriate for authorization
of the interim use.
The applicant provides assurances deemed adequate by
the City Council that the use will terminate as
provided in the interim use permit. The City Council
may require the applicant to deposit a cash amount
with the City, or provide some other form of security,
to ensure compliance with this criteria.
4. Requirement
The City Council must determine that the authorization of
the interim use will not result in adverse effects on the
public health, safety, or welfare.
5. Application
Applications for interim use permits shall be processed in
the same manner as for conditional use permits, as
established in Section 900.42 of this ordinance.
900.44 - AMENDMENT PROCEDURES.
Section 2. 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 __
March, 2000
day of
Stephanie Klinzing
Mayor
Sandra A. Peine
City Clerk