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8. Zoning Ordinance Revision to Allow for Review and Granding of CUP's that are Temporary III CITYOF O., .,.............._ ,f . CHANHASSEN 1 . j .-- - i 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 sb I MEMORANDUM action by CttY Administrator Didorser_ L tk TO: Don Ashworth, City Manager 1odii",ed 67 lc--I Rejecter! FROM: Paul Krauss, Director of Planning Dat 12-- -g Date Submitted to Commission DATE: November 28, 1989 I Date u . ted to Council SUBJ: Amendment to the Zoning Ordinance Pertaining to S ` Interim Use Permits — r" . f {� IPROPOSAL There have been a series of discussions in the past concerning II the potential of providing a mechanism to allow for special con- ditional use permits on a temporary basis. If properly designed, this type of ordinance provision would give the city flexibility Ito accommodate and regulate uses that may otherwise be prohi- bited, but which would really not pose any problems or harm to their surroundings if allowed on a temporary basis. The most I recent example of such a use is the proposal to place an Assembly of God Church in an office space in the Frontier Building. The City Council was uncomfortable allowing it under a site plan review as had been proposed since it could have a potential for I allowing churches to purchase sites within the Central Business District, thus removing them from the tax rolls. The Council was aware that an ordinance amendment to allow for temporary con- II ditional uses was in the process of being considered. They believed that this would provide the best mechanism for allowing the church to locate on the site while protecting the City' s long term goals. Last summer the City Attorney drafted an Interim Use" ordinance to respond to the issue. It was briefly reviewed by the Planning 1 Commission but not acted upon. The ordinance (copy attached) was structured to create a new class of interim uses where a use could be allowed on a temporary basis. The ordinance is struc- II tured to create a separate class of uses, i .e. permitted, accessory conditional and interim and and is limited to only those specific uses that are outlined in a district by district basis. IStaff discussed an alternative approach with the City Attorney. This would have involved the use of conditional use permits. I Rather than list specific uses, it would have allowed the City Council to permit any use on a temporary basis subject to its I II Interim Use Permits II November 28, 1989 Page 2 Imeeting a series of conditions. The City Attorney expressed con- cerns that while this type of unstructured ordinance is more 1 flexible, it could undermine the effectiveness and consistency of the balance of the ordinance. In addition, state statutes already incorporate provisions for creating interim uses. I Based upon this discussion, we are resubmitting the draft of the interim use ordinance for your review. We are satisfied that it achieves the goal of creating a provision for dealing with I interim or temporary uses. What we do not believe is that the list of permitted uses is as comprehensive as it could be. It has been our experience that it is difficult to anticipate the II variety of temporary uses that the City may wish to regulate under this ordinance. For example, you may wish to add uses such as promotional carnivals in shopping centers, temporary nursery sales, etc. If the Planning Commission is aware of additional I uses that should be incorporated at the outset, this will cause no problem. If in the future it is apparent that additional uses should be included to deal with situations that may arise, Ithe ordinance could always be amended. The Planning Commission discussed the ordinance at their November 15, 1989, meeting. They generally supported the adoption of the II draft but recognized the limited number of permitted interim uses that are being recommended at this time. However, they were unable to propose any additional uses at the time and concluded I that the listings of permitted uses would likely need to be amended over time as circumstances dictate. The Commission voted to recommend approval of the ordinance as drafted. IThe City Manager reviewed the draft ordinance and suggested that it may be desirable to include street dances and festivals such as the July 4th and Oktoberfest events that are held in the City, I as interim uses under this ordinance. Should the City Council decide that it is appropriate to regulate these uses, the interim use permit section of the ordinance is the appropriate place to I put these requirements. Should the City Council wish to have these uses or any other uses incorporated, staff would recommend that the ordinance be adopted as currently drafted and that staff I be directed to bring ordinance amendments through the Planning Commission for inclusion into the ordinance over the next few months. STAFF RECOMMENDATION Based upon the foregoing, staff recommends the City Council adopt Ithe proposed ordinance revisions pertaining to interim uses. ATTACHMENTS I1. Ordinance amendment. 2 . Planning Commission minutes dated November 15, 1989. II LAW OFFICES GRANNIS, GRANNIS, FARRELL & KNUTSON DAVID L.GRANNIS- 1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L.GRANNIS,JR.- 1910-1980 POST OFFICE Box 57 (612)455-2359 VANCE B.GRANNIS 403 NORWEST BANK BUILDING ELLIOTT B. KNETSCH VANCE B.GRANNIS.JR.* 161 NORTH CONCORD EXCHANGE MICHAEL J. MAYER PATRICK A.FARRELL SOUTH ST. PAUL, MINNESOTA 55075 DAVID L.GRANNIS,I11 ROGER N. KNIT SON TELEPHONE(612)455-1661 DAVID L.HARMEYER •Auo Ammo To July 19, 1989 PMLTK. IN WISU NSIN Ms. Jo Ann Olsen , Chanhassen City Hall 690 Coulter Drive, Box 147 4 - Chanhassen, Minnesota 55317 , RE: Interim Use Dear Jo Ann: ' Enclosed is a redraft of the interim use ordinance. The only change of substance is the addition of a purpose and intent section. This is a new zoning tool and I suggest some caution in using it. Rather than allowing applications for virtually anything, I suggest treating them like permitted, conditional, and accessory uses, in that each such use must be listed. Very truly yours, GR • • S, GRANNI RRELL NUTS Roger son RNK:srn Enclosure t JUL 2 0 1989 1 OF CHANHASA Y . _ a CITY OF CHANHASSEN 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 Code is amended by adding a definition of "interim use" to read as follows: "interim use" means a temporary use of property 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. Section 20-381. Purpose and Intent. The purpose and intent of allowing interim uses is (1) to allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction, and (2) to allow a use that is presently acceptable but that, with anticipated development will not be acceptable in the future. Section 20-382. Application, Public Hearing, Notice and Procedure. The application, public hearing, public notice and procedure requirements for interim use permits shall be the same as those for amendments as provided in Article II, Division 2, except that the permit shall be issued on the affirmative vote of a majority of the entire council. Although specific submissions required to 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, buildings and functions, circula- tion and parking areas, planting areas and treatment, sign locations and type, lighting, the relationship of the proposed project to neighboring uses, environmental impacts and demand for municipal services. Section 20-383. General Issuance Standards. 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: r07/18/89 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 identified 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) . ' 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) . Section 20-676 to read as follows: The following are interim uses in the "R-12" District: 1. Real estate office and model homes. Section 20-696 to read as follows: ' The following are interim uses in the "BN" District: 1. Churches. 2. Outdoor display of merchandise for sale. -2- 1 i Section 20-716 to read as follows: The following are interim uses in the "BB" District: 1. Churches. Section 20-736 to read as follows: The following are interim uses in the "CBD" District: 1. Churches. 2. Outdoor display of merchandise for sale. Section 20-756 to read as follows: ' The following are interim uses in the "BG" District: ' 1. Churches. Section 20-775 to read as follows: The following are interim uses in the "BF" District: 1. Churches. ' Section 20-816 to read as follows: ' The following are interim uses in the "IOP" District: 1. Churches. ' Section 4. Chapter 20 of the Chanhassen City Code is amended by deleting the following Code Sections: ' 1. Section 20-555(3) 2. Section 20-574 (3) 3. Section 20-574 (6) 4. Section 20-674 (6) ' 5. Section 20-694 (4) 6. Section 20-734 (1) 7. Section 20-903 ' Section 5. Chapter 20 of the Chanhassen City Code is amended by amending Section 20-1376(a) to read as follows: It shall be unlawful for any person to remove, store or excavate 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 permits may only be issued in the zoning district when mineral extraction is listed as an interim use. ' Section 6. This Ordinance shall be effective August 1, '1989, following its passage and publication. -3- ...- - J ADOPTED by the City Council of the City of Chanhassen this day of , 1989. ATTEST: Don Ashworth, City Manager/Clerk Donald J. Chmiel, Mayor , 1 1 -4- 11 Planning Commission Meeting November 15, 1989 - Page 45 I Conrad : I just have a situation where I can stay a few more minutes but I don't know that it would do it justice. Krauss : We could hold it over. ' Conrad: I think that's my preference. So what do we have? Emmings: We have number 5 and number '7. Interim uses. Conrad: Okay. Is that controverial in anybody's mind? Will there be a lot of discussion tonight? I 've got some comments on it. ' Batzli : I have one comment. ' Conrad: Maybe we could try to get the interim uses taken care of tonight and just hold the one item over . ' PUBLIC HEARING: ZONING ORDINANCE AMENDMENT TO AMEND THE CITY CODE REGARDING REVISIONS TO THE ZONING ORDINANCE TO ALLOW FOR THE REVIEW AND GRANTING OF CONDITIONAL ' USE PERMITS FOR USES THAT ARE TERMPORARY IN NATURE IN ALL DISTRICTS. Paul Krauss presented the staff report on this item. ' Emmings: We' re going to be amending this one a lot. With every proposal that comes in, we' re going to have to do an ordinance amendment which seems ' sort of funny to me but maybe it's the only thing we can do. Ellson: It also gives us the chance to say no to them. ' Conrad : It solves a particular problem right now. It's real incomplete but on the other hand it does solve a particular problem and I think there are needs for interim uses . I really don' t mind interim uses at all . I think that's pretty good. Krauss : And the context of interim rather than temporary is a better one. Interim implies that something's going to happen to change it. Some cities ' that have had temporary conditional use permits basically have had ad hoc changes to the ordinance and so they just keep delaying when this temporary use has to disappear. Conrad: I'm going to open this up to the public. Is there any input from the public? Wildermuth moved, Batzli seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. ' Emmings: I already made my comments. I think it' s something that we need. It's a hole in our ordinance now. We need something to plug it. I'm not ' real happy about it because I think we're going to be amending it when something comes up and I don't like that but I can't think of any other way Planning Commission Meeting November 15, 1989 - Page 46 to do it. ' Ellson: The only thing that I thought about and you kind of answered- it was I didn't like the idea about it could be extended or something like that. In other words, this could be tied to something that we'd see • following or an end. Do you know what I'm saying? That's why I was so hesitant with the bank. He looked like he had an end but I was just not sure that it could actually be tied to an ending point I guess. 1 Krauss: Right and one of the conditions of approval here is that the applicant has to demonstrate that the date of event that will terminate the I use can be identified with certainty. _ Ellson: Right so that makes it better. Conrad: I' ll get out of order here but it implies, there was not a method II for an extension. Now things do change. Zoning change. Land uses change. Comprehensive plans change so when those changes, I think there may be, I I think there should be a methodology of applying for an extension. Krauss: There would be. Basically you could come in and ask that the approval be revalidated based upon a new set of conditions. Emmings: Or just ask for a new permit. If my permit expires on midnight, Jnauary 1, 1992, I can come in and say I need a new permit. Conrad: Okay. Are you comfortable with that? Ellson: I don't like that they can extend it, that's for sure. If the bank comes in. Emmings: That' s not what he's saying though. He's saying that they'd ' have to come back and apply anyway. It's kind of the same thing. Conrad: It' s the same thing only different. Batzli: My problem with this is the same problem I have with the conditional use permit and that is, it's fairly vague as to termination. The conditional use permit, we really have a hard time trying to decide whether it's terminated or not. This reads fairly clearly that the minute that the violation occurs it's terminated. What normally happens is the City is you write a letter and you tell them to change it back and then that doesn't happen and then 6 months later you write another letter and then somebody goes out to visit the site and then you decide whether you' re going to have a public hearing or not. By this time you don't know, you've II allowed the supposedly terminated interim use to proceed now for a lengthy period of time. That's really the problem with the conditional use permit and one that I see here also is that if it said that upon a violation I occuring or coming to the attention of the City, a public hearing will be held and the City shall vote on whether it's in violation and it shall be revoked, I 'd feel a lot better than what's there right now personally. That's my only comment. In other words, there's a definitive process for this is what happens and if they rule on it, you're vapor fella. That's Planning Commission Meeting November 15, 1989 - Page 47 I I what I 'd like to see but I' ll still vote for it because I think there's a hole that we need to fill. Wildermuth: I like what you said Brian. I was comfortable with the change ' to begin with but then I agree that I think any motion ought to reflect something like that. ' Conrad: I don' t mind that ether . Anything else? The only other thing that I wrote down here, and I don't know how to apply it but when you allow a temporary use, do we want it to meet the intent of the district's use or is that contrary by definition? IFilson: That's a philosophical thing. I Krauss : It' s not philosophical . It' s just the discussion that Roger and I had. My approach would have allowed you to consider anything anywhere but Roger pointed out some good reasons for not doing that. First of all it I completely undermines the whole intent of structuring an ordinance the way traditional zoning ordinances are structured. If anything could be allowed anywhere on a temporary basis, why prohibit it on a permanent basis? Plus he said that he felt there were some real problems within the context of I the State enabling legislation for how you would regulate something like that. It also tends, frankly, to lead to arbitrary determinations by cities that could affect future development and neighborhoods and on and I on. Conrad: You could make that point. I can make the contrary point. It is more specific. If you've got the intent of the district in mind, you do ' have some guidelines. That's again these intent statements that we talk about all the time are real important. Once you understand the concept behind an ordinance or a zone, then I don' t have a problems making rulings, ' as arbitrary as they may be because I 'm trying to match that intent statement so that's why, I think I could counter Paul your argument on that one but it basically, you've persuaded me that we can' t do this. But it I still hasn't set the right guidelines. You've persuaded me we can't put an intent in there. Emmings: Why? I Conrad: Because if it met the intent of the district, it would have been a permitted use in the first place. Emmings: Well what about saying it should be compatible with other uses in the district because see that will give some guidance too when you come I around to amending. Because you're going to have to amend the ordinance just about every time, you're going to be able to look at that but I think it would be good to have something like that. I Krauss: I asked Roger that exact question again because I had drafted something that did say compatability and he said well that's all taken care of, as a lot of things are, by when he referenced that an interim use has t to meet the standards of the conditional use permit. So when we went back to that discussion earlier tonight, the 14 standards of a CUP section that I Planning Commission Meeting • November 15, 1989 - Page 48 get to mom and apple pie, those all apply here. Wildermuth: Except that it's got some kind of a time limit right? Krauss: Yeah. Emmings: I'm going to make a counter argument to Brian' s point that you guys all jumped on down there. Rather than trying to figure out a specific I system for enforcement, the event that triggers enforcement is very specific here and I think enforcement is just a measure of the will and determination of the City and the availability of resources and energy and I commitment and all those things. What happens, and what's a little bit different about the CUP than this is with the CUP, first of all it runs with the land and it's embedded a little more than this ever would be because this has an event or a time that terminates it. With a CUP there's 1 always some interpretation. They say he's violated a condition of his CUP. Well , have I really violated it and you get into a big argument over that and I don't think you're going to have those kinds of arguments with the interim uses just because the ending point is going to be very specific. Otherwise it will never be allowed in the first place. Then whether or not the City chooses to enforce it, the tools are certainly there already. So I don't think you have to design the system for enforcement. I don' t think ' it will add a thing . If the City doesn' t have the will to enforce it, it won't do it and if it does, it already can so that'd be the other side of that one to me. Conrad: Okay, the one who makes the motion has the power on this one. Who wants to make the motion? Emmings: I do. I 'm going to move that the ordinance, amending Chapter 20 of the Chanhassen City Code by adding provisions concerning interim use permits as presented in the staff report, November 6, 1989 be approved. Recommend approval to the City Council. You all know what I mean. Conrad : Is there a second to that wishy washy motion? Batzli: I ' ll second it. Emmings moved, Batzli seconded that the Planning Commission recommend approval of an Ordinance Amending Chapter 20 of the Chanhassen City Code by adding provisions concerning interim use permits as presented by staff. All voted in favor and the motion carried. Conrad: Do we need a motion to defer the item 7, which is a public hearing I to the next meeting? We do need that motion? Emmings moved, Wildermuth seconded to table item 7, Zoning Ordinance , Amendment to amend the City Code, Division 6, Site Plan Review to revise the procedure, expand on development standards and require financial guarantees for landscaping and other site improvements be tabled until the next meeting. All voted in favor and the motion carried.