1a. Zoning Ordinance IUP ___.
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CITYOF ---44
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.:. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, N i NESOTA 55317
(612) 937-1900 • FAX (612) 937-5739 by ( . ^,:,rra±or
MEMORANDUM a.II
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TO: Don Ashworth, City Manager Datesut,mi`, dt, Com h
FROM: Paul Krauss, Planning Director P /A"' ► -----.-.w.
I pate S.., .tom to Council
DATE: February 5, 1990 ■ a, - ! ° 1 0
IISUBJ: Second Reading of an Amendment to the Zoning Ordinance
Pertaining to Interim Use Permits and Approval of an
Ordinance Summary
PROPOSAL/COMMENT
IOn January 8, 1990, the City Council first reviewed a proposed
ordinance that would create a temporary use permit known as an
I interim use permit. It is designed to be different from standard
conditional use permits in that these uses are to be temporary in
nature. The City Council has sought such an ordinance on several
occasions in the past, most recently relative to a proposal to
II locate a church in the Frontier Building. The Council approved
the first reading of the ordinance, but directed staff to include
a number of uses that are currently designated as conditional use
Ipermits.
The current draft has been amended to reflect the Council' s
direction. There are, however, several matters requiring further
IIdiscussion.
Staff was directed to delete group homes as a conditional use
I for inclusion as an interim use. The City Attorney has concluded
that it is inappropriate to do so since it would conflict with
state law.
IIWe were directed to make bed and breakfast establishments in the
Al/A2 districts, interim uses. This may be appropriate for
smaller establishments. Normally, you may wish to see these uses
II convert to single family when the surrounding neighborhood is
developed. Our concern relates to a large establishment that
represents a significant financial outlay. Staff has spoken to
I several people interested in converting the former seminary on
Highway 212 to a bed and breakfast. If an application is sub-
mitted and is acceptable to the City, this could probably best be
IIhandled as a PUD due to its uniqueness. Based upon this
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Mr. Don Ashworth
February 5, 1990
Page 2
1 discussion, we are showing bed and breakfasts as an interim use
permit in the Al/A2 districts as directed.
Staff was directed to add screened outdoor storage as an interim
use permit and delete it as a conditional use permit in the
Industrial/Office Park District. We have a concern with giving
this use a temporary designation for two reasons. City Codes are
designed to allow for outdoor storage only when screened to mini-
mize or eliminate off-site impact. Furthermore, outdoor storage
may be a necessary use associated with an industrial landowner.
It may be difficult to get a business to locate in the community
if their outdoor storage component is only given a temporary
approval. There is a related question of how the temporary
' display of retail merchandise outdoors in commercial districts
should be handled. Staff is not particularly partial to this
type of display, but if it is allowed we believe it should be an
1 interim use permit and have modified the ordinance accordingly.
The last related matter concerns approval of an ordinance summary
to facilitate publishing of the oridnance as adopted. Use of a
' summary saves considerable printing expense that would be
incurred if the entire ordinance is reprinted.
' STAFF RECOMMENDATION
Staff recommends that the City Council approve second reading of
the Zoning Ordinance amendment pertaining to Interim Use Permits
and the ordinance summary.
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CITY OF CHANHASSEN
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CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. '
AN ORDINANCE AMENDING CHAPTER 20 OF THE CHANHASSEN
CITY CODE BY ADDING PROVISIONS CONCERNING INTERIM USE PERMITS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS AS FOLLOWS:
Section 1. Chapter 20, Section 20-1 of the Chanhassen City I
Code is amended by adding a definition of "interim use" to read
as follows: "Interim use" means a temporary use of property
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until a particular date, until the occurrence of a particular
event, or until zoning regulations no longer permit it.
Section 2. Chapter 20, Article IV of the Chanhassen City '
Code is amended by adding Division 5 to read as follows:
Division 5. Interim Use Permits.
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Section 20-381. Purpose and Intent.
The purpose and intent of allowing interim uses is (1) to I
allow a use for a brief period of time until a permanent location
is obtained or while the permanent location is under construc-
tion, and ( 2) to allow a use that is presently acceptable but
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that with anticipated development will not be acceptable in the
future.
Section 20-382. Application, Public Hearing, Notice and Procedure.
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The application, public hearing, public notice and procedure
requirements for interim use permits shall be the same as those for
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amendment as provided in Article II, Division 2, except that the
permit shall be issued for the affirmative vote of a majority of
the entire council. Although specific submissions required to
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complete an application for an interim use permit may vary with
the specific use and the district in which it is located, all
applications for such permits must include at minimum a site plan
that clearly illustrates the following: proposed land use,
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building and functions, circulation and parking areas, planting
areas and treatment, sign locations and type, lighting, the rela-
tionship of the proposed project to neighboring uses, environmen- '
tal impacts and demand for municipal services.
Section 20-393. General Issuance Standards.
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The Planning Commission shall recommend an interim use permit
and the Council shall issue interim permits only if it finds that
such use at the proposed location:
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1 . Meets the standards of a conditional use permit set forth in
Section 20-232 of the City Code.
2. Conforms to the zoning regulations .
3 . The use is allowed as an interim use in the zoning district.
4 . The date of event that will terminate the use can be iden-
tified with certainty.
5. The use will not impose additional costs on the public if it
is necessary for the public to take the property in the
' future; and
6 . The user agrees to any conditions that the City Council deems
' appropriate for permission of the use.
Section 20-384. Termination.
An interim use permit shall terminate on the happening of any
of the following events, whichever first occurs:
1 . The date stated in the permit;
2 . Upon violation of conditions under which the permit was
' issued;
3 . Upon change in the City' s zoning regulations which renders
' the use non-conforming.
Section 3. Chapter 20 of the Chanhassen City Code is amended
by adding the following:
Section 20-557 to read as follows:
' The following are interim uses in the "A-1" District:
1. Mobile homes ( compliance with Section 20-905 is not
required) .
2 . Bed and Breakfast establishments.
' Section 20-576 to read as follows:
The following are interim uses in the "A-2" District:
1. Churches.
2 . Mineral extraction.
3 . Contractor's yards.
4 . Mobile homes (compliance with Section 20-905 is not required) .
5. Bed and breakfast establishments.
6 . Commercial kennels, stables and riding academies.
' 7. Wholesale nurseries.
8. Golf driving ranges with or without miniature golf courses.
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Section 20-595 to read as follows:
The following are interim uses in the "RR" District:
1 . Commercial kennels and stables. i
Section 20-616 to read as follows:
The following are interim uses in the "RSF" District: '
1. Private stables subject to provisions of Chapter 5, Article IV.
2 . Commercial stables with a minimum lot size of five ( 5) acres. '
Section 20-637 to read as follows:
The following are interim uses in the "R-4" District: ,
1. Boarding houses.
2. Private kennels.
Section 20-676 to read as follows:
The following are interim uses in the "R-12" District:
1. Real estate office and model homes .
2 . Boarding houses.
3. Temporary real estate offices and model homes.
Section 20-696 to read as follows: ,
The following are interim uses in the "BN" District:
1 . Churches.
2 . Temporary outdoor display of merchandise for sale
Section 20-716 to read as follows: '
The following are interim uses in the "BH" District:
1. Churches.
2 . Temporary outdoor display of merchandise for sale.
Section 20-736 to read as follows: '
The following are interim uses in the "CBD" District.
1. Churches.
2 . Temporary outdoor display of merchandise for sale.
3 . Farmers markets. '
Section 20-756 to read as follows:
The following are interim uses in the "BG" District: '
1. Churches.
2 . Temporary outdoor display of merchandise for sale.
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Section 20-775 to read as follows:
IIThe following are interim uses in the "BF" District:
1 . Churches.
I2 . Temporary outdoor display of merchandise for sale.
Section 20-816 to read as follows:
IThe following are interim uses in the "IOP" District:
1. Churches.
2 . Concrete Mixing Plants.
Section 4. Chapter 20 of the Chanhassen City Code is
amended by deleting the following Code Sections:
1 . Section 20-554( 1) ( 3)
2 . Section 20-574( 1) ( 2) (3) (5) (8) (10)
1 3 . Section 20-594( 5)
4 . Section 20-614( 2) ( 4)
5 . Section 20-634( 2 ) ( 3)
6 . Section 20-674( 3) ( 6)
7. Section 20-694( 4 )
8 . Section 20-714( 1)
I 9 . Section 734( 1) ( 3)
10. Section 20-754( 1)
11. Section 20-773( 4)
12. Section 20-814( 1)
I13. Section 20-903
Section 5. Chapter 20 of the Chanhassen City Code is amended
Iby amending Section 20-1376(a) to read as follows:
It shall be unlawful for any person to remove, store or excavate
I rock, sand, gravel, clay, silt or other like material in the -
City, or to fill or raise the existing surface grades, without
receiving an extraction permit for mineral extraction. Such per-
mits may only be issued in the zoning district when mineral
Iextraction is listed as an interim use.
Section 6. This Ordinance shall be effective upon its
passage and publication.
Adopted by the City Council of the City of Chanhassen this
Iday of February, 1990.
ATTEST:
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IDon Ashworth, City Clerk/Manager Donald J. Chmiel, Mayor
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CITY OF CHANHASSEN II
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. I
AN AMENDMENT TO THE CHANHASSEN ZONING ORDINANCE CONCERNING I
INTERIM USE PERMITS, ORDINANCE SUMMARY
On February , 1990, the Chanhassen City Council adopted I
an ordinance that creates a new use category called Interim Use
Permits. It is designed to regulate uses which are conditionally
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acceptable, but which are also temporary in nature. Interim Use
Permits are intended to be redeveloped or cease to exist within a
defined time frame to allow development to occur that is con-
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sistent with the ordinance. A number of uses which were formerly
classified as "conditional" have been redesignated as "interim"
based upon their intended temporary nature.
IEnforcement of this ordinance shall be subject to the provi-
sions of the zoning ordinance. This ordinance is in full force
commencing on the date of publication of this summary.
I
Don Ashworth I
City Manager
(Published in the Chanhassen Villager on , 1990)
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