12-18-2024 Council Packet - Laserfiche WebLink

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STAFF REPORT TO: Mayor Fischer and Members of City Council FROM: Ben Harrington, AICP, Community Development Director DATE: December 18, 2024 RE: Planning Case 1436 – Interim Use Permit Ordinance – Ordinance #906 ACTIONS TO BE CONSIDERED Recommend to Approve/Approve with Amendments/Deny Ordinance 906 to amend Chapter 917 of the City of Little Canada Zoning Code (Attachment 2). A redline version of the ordinance is also attached (Attachment 1) where the yellow highlights indicate new additions to the Code. BACKGROUND Staff are proposing to add Interim Use Permits back into the City’s Zoning Code. Interim Use Permits (IUPs) are essentially identical to Conditional Use Permits (CUPs), but unlike CUPs, they have definitive dates of expiration tied to them whereas CUPs exist in perpetuity. The need for the City to create the IUP process in our Code stems from the forthcoming legalization of cannabis. The City Attorney has advised Staff that we should seek to allow these uses on an interim basis, providing the City maximum flexibility and protection should State law change in the future or should a business become an unforeseen nuisance. The proposed ordinance would have IUP applications follow an identical application and review process to the City’s current CUP process. The only difference is the length of time that a CUP and an IUP are valid for. Per our ordinance (and State law) CUPs must be recorded with the County and run with the property. They do not sunset based on ownership. For IUPs, we are proposing three different options for their lifespan, which the Staff/Planning Commission/Council would determine on a case-by-case basis: 1. 5 years from the date of approval; 2. Upon an expiration date established as a condition of approval; or 3. Upon reaching some other expiration threshold established as a condition of approval. Additionally, while reviewing the Chapter, the City Attorney noticed that the Code currently states that planning applications must be submitted five (5) weeks prior to a Planning Committee meeting. Not only does Staff not need this much time, if the standard were enforced it would present practical challenges in abiding by the State’s 60-day rule for reviewing applications. Staff have proposed to amend the ordinance to allow submissions up to two (2) weeks prior to Planning Commission meetings. State Law requires a 10-day notice for public hearings and although official public hearings will take place at the City Council level, Staff will ensure notices are mailed and published a minimum of 10 days prior to Planning Commission meetings, including both Planning and Council meeting dates.