5.12 --fir
Item # 5. 12.
ity of
RiverMEMORANDUM
TO: Planning Commission
FROM: Michele McPherson`;-Director of Planning
DATE: February 16, 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:
a. provide a process for the revocation of conditional use permits, and
b. provide a process for the approval of interim uses.
• Neither of these provisions is currently in the ordinance.
Attachments
• Proposed Ordinance Language
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 Planning Commission/OA 00-2
February 16,2000
Page 2
1. Determination of noncompliance and establishment of a hearing before the
• City Council to receive testimony and establish findings.
2. Notification of the property owner and the operator that a hearing has been
scheduled. The notice shall include the alleged noncompliance.
3. 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.
4. Establishment of findings by the City Council.
5. 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.
Recommendation
Staff recommends that the Planning Commission recommend approval of the proposed
ordinance amendment regarding revocation of conditional use permits and
0
establishment of interim uses.
6. Compliance and Expiration.
411
A- 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.
410 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.
Revision Date: February 16,2000 Page 1
iv) . At the conclusion of the public hearing the City Council
410 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.
900 . 43 — INTERIM USES
1 . Defined.
Interim uses are defined as the temporary use of a property until
410 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:
A. 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.
B. There shall be adequate assurance that the property will be
left in suitable condition after the use is terminated.
C. The use is similar to uses defined in the zoning district
in which the property is located.
D. The date or event that will terminate the use can be
identified with certainty.
Revision Date: February 16,2000 Page 2
E. Authorizing the use will not impose additional costs on the
411 public if it is necessary for the public to take the
property in the future.
F. The applicant and user agree to all conditions that the
City Council deems appropriate for authorization of the
interim use.
G. 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.
111
Revision Date: February 16,2000 Page 3