Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PZ 10.10.07 Packet
I I E - N1;, -A-, The City of Lake Elmo Planning Commission will conduct a meeting on Wednesday, October 10, 2007, at 7:00 p.m. WIN 1. Pledge of Allegiance 2. Approve Agenda 3. Approve Minutes a. August 27, 2007 4. Public Hearings: a. ORDINANCE: Zoning changes. Changes to the official zoning map to reflect current land use and to correct the map in accordance with past zoning decisions. i. Properties proposed to be rezoned to Public Facilities (PF) include PIDs 02-029-21-21-0003 (Rockpoint Church); ii. and 09-029-21-44-0001 and 09-029-21-44-0003 (City owned park land). iii. The property at 11530 Hudson Boulevard is proposed to be rezoned to HD -A -BP in accordance with a rezoning action in 2002. 5. Business Items: a. Interim Use Ordinance 6. Informational Items: a. City Council Updates i. October 2 — HAIRitage 'Hous therapeutic massage CUP - approved ii. October 2 — Carmelite Monastery Master Plan Amendment — approved iii. October 2 -- E&E Properties CUP Amendment and Variances — denied 7. Adjourn City of Lake Elmo Planning Commission Meeting Minutes g ., Chairman Ptacek called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m. COMMISSIONERS PRESENT: Ptacek, McGinnis, Van Zandt, Lyzenga, Pelletier, Roth, Fliflet, Ilelwig, and Deziel (7:16). STAFF PRESENT: Senior Planner Gozola and Planner Matzek. Agenda M/S/P, Ilelwig/Van Zandt to accept the agenda as presented. Vote: 5:0. Minutes M/S/P, Idelwig/Lyzenga approve the minutes of July 23, 2007 as presented. Commissioners Roth, Fliflet, and Ptacek abstained. PUBLIC HEARING: Zoning Code Text Amendment; Pool harriers Senior Planner Gozola stated that fences are a typical requireement, but are not required by the State. Cities individually set safety standards.''Ho said the current code requires a fence with specific requirements. He stated it is, common in other similar sized communities to require fences, a few communities that leave it up to the citizens, and still other cities offer ASTM Certified Pool Covers as an option:. They also may include alarms or pumps. Senior Planner Gozola said if; pool covers are approved as an option, he would recommend requiring ASTM approved material with an automatic cover and a pump to remove water accumulated on top of the cover. He said there is not an easy answer as neither a fence nor' a pool cover is fool proof. Commissioner Deziel asked Senior Planner Gozola if he found verification that no one had died with a pool cover as provided in earlier literature. Senior Planner Gozola said that he had not found statistics one way or the other. THE CIIAIRMAN OPENED THE PUBLIC HEARING AT 7:17 P.M. Mark Wallace, 57.91 Highlands Ti l Mr. Wallace said that he has an existing pool with a cover. He was originally told by the insurance company that the pool cover was not acceptable, but after looking into it, said they would accept it. Mr. Wallace stated that many other cities allow covers so other insurance companies allow it as well. .lean Fleming, 804722"d Ct. N Ms. Fleming said. that while she does not own a pool, there are unsafe pools in her neighborhood. She stated that children's safety is the most important aspect. She researched many agencies and found that sixty-nine percent of children who drowned were not expected to be in the water at that time. She said that the second leading cause of children's death is pool drownings. Ms. Fleming said the American Academy of Pediatrics states that a fence should be installed around a pool. She said she spoke with zoning people at the Minnesota State Fair who said they would not recommend allowing pool covers. John Ames, 9799 51" Street Mr. Ames said he is considering building a pool. He said he thinks it is appropriate that codes change as technology changes. He said that people need to pay attention around pools. Children can be inside a fence and a parent can go inside the house and leave a child exposed to the water. He stated that a pool cover is a complete barrier while a fence is not. An ordinance can not mandate responsible parents. THE CHAIRMAN CLOSET) THE PUBLIC HEARING AT 7:27 P.M Commissioner Fliflet said neither fences nor pool covers are perfect barriers, both have drawbacks. She suggested changing the ordinance to require the fence to be separate from the house. She stated that pool covers did not exist when the current ordinance was drafted. She said she favored pool covers if she had to choose, but suggested considering requiring both a pool cover and a fence for safety. She would support an either/or ordinance. Commissioner Van Zandt said the ordinance should be written to protect the neighbors and non -family members. Commissioner Helwig suggested lookix g at requiring a pool to be entirely fenced off from the house. He said he woutd like 'to see both a cover and a fence required, but that it might be a burden to the homeowner. He isuggested that a fence be a priority with the option of a pool cover. M/S/F, Fliflet/Deziel, motion to.be a forefront in safety and require both fencing and a pool cover for in -ground pools.,,:,,Vote: 4°5. M/S/F, Roth/Deziel, motion to accept the ordinance as presented by staff with an either/or option with two text changes: to include all in -ground pools and to eliminate the term "gate" and use "point of entry" to reference all points of entry which shall be self- closing. Vote: 3:6. M/S/F, Fliflet/Van Zandt, motion to support the ordinance as presented by staff with an either/or option, but adding a requirement that all points of entry shall be equipped with gates. If a fence is chosen as the barrier and the pool is not fenced off entirely from house, then the pool will also be required to have a pool cover. Vote: 3:6, M/S/P, Ptacek/Deziel, motion that the code be amended from the existing language to include "in ground pools," to require fences around four sides of a pool, and that any entrance point shall be provided with a self-closing latch. This would include no option for pool covers to replace fences. Vote: 5:4. Lake Elmo Planning Commission Minutes — August 27, 2007 2 Dissenting votes: Commissioner Helwig stated he would like to recognize the pool cover as an option that is available to the owner. Commissioner Fliflet said she fully supports the either/or option for pool covers. Commissioner Fliflet left the meeting. PUBLIC HEARING: Mencke Variances, 8838 Lake Jame Trail Senior Planner Gozola said two variances were being applied for: a 29 foot variance from the required 100 foot lakeshore setback and a 0.1 foot variance from the required 10 foot side yard setback. The applicant is seeking to build a second story to part of his non- conforming home and will not be changing the footprint. He went through the three variance criteria in code and his recommendation of approval. Paul Menthe, applicant Mr. Mencke said the lake level is maintained by a weir. He said when he was planning the project, he was not aware he would need a variance. No one spoke. THE CHAIRMAN CLOSED THE PUBLIC HEARING AT 8€>16 P.M. M/S/P, Helwig/Roth to recommend,approval of variances. Vote: 8:0 Zoning Code Text Amendment m LC Billboard Signs Senior Planner Gozola said a'moratorium was placed on LCD billboard signs as concern was expressed about the conversion of existing signs to LCD signs. After further review of the existing sign code, it may not be allowed with the existing language. Two of the three existing signs may not be large enough in size to be converted anyway. He said that this was intended to be an information item with no recommendation needed. Commissioner Helwigsaid the Ahree legal non -conforming billboards are located on I-94 near the drive in theater, onahe South side of Highway 5 across from Schiltgen's farm, and on Highway 36 for Sunnyside Farms. Council Updates Senior Planner Gozola said site disposal options for the contaminated water from the Hagberg site was discussed at the August 21" City Council meeting. The PCA will present to the Planning Commnussion at a future meeting. He said that the City Council approved the Sexually Oriented Businesses Ordinance at that meeting. I -ie said that the Council is also moving forward with the new website. Commission Lyzenga was concerned about a link between the official city website and an unofficial website with a similar name. Lake Elmo Planning Commission Minutes --- August 27, 2007 3 DRAFT M/S/P, I yzenga/Ptac;ek to terminate any links between the two websites. `Tote 8:0. Adjourned at 8:29 pan. Respectfully submitted, Kelli Matzek Planner Lake Elmo planning Commission Minutes -- August 27, 20074. Planning Commission Date: 10/10/07 Public hearings Item: ITEM: Hold public hearings to rezone four parcels in accordance with past land use decisions REQUESTED BY: City Staff SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Susan Hoyt, City Administrator Kelli Matzek, Assistant City Planner SUMMARY AND ACTION REQUESTED: The planning commission is asked to consider an ordinance to rezone four parcels in accordance with past land use decisions. The four parcels are: 1. The Rockpoint Church parcel Lexhibit Al. Approval of the Hidden Meadows development included a significant area of open space, a residential subdivision, and a parcel to house the new church now located near Keats Avenue and Hwy 36. Rezoning of the church parcel from Rural Residential (RR) to Public Facilities (PF) was done by resolution during the development rather than by ordinance (as is required). The property is already depicted as "Public Facility" in the comprehensive plan. 2. City Owned Park Land (2 parcels shown on exhibit B}. Two (2) city owned parcels on Jamica Ave N. and 42nd Street (referred to as Lake Jane Hills Park) are currently zoned One Family Residential (R1), but are guided as Public Facility in the comprehensive plan. Rezoning these parcels to Public Facilities (PF) at this time will eliminate this inconsistency. 3. E&E Properties Parcel (exhibit C}. The recent application from E&E properties to expand the Laidlaw bus operation on this site revealed a past zoning change to Agricultural in 2002 that was never identified on the City's zoning map. This rezoning will transition this property into the proper holding district until it is guided for further development in 2020. The changes can be summarized as follows: _�� Parcel urrer�t or�fr� Pro �� orrit� — � Rockpoint Church Rural Residential (RR) _ . I Public Facilities (PF) i F , City Owned Land One Family Residential (R1) LPublic Facilities (PF) Agricultural Business ParkE&E Properties Agricultural (A) f Holding District (HD -A -BP) w. w_.._. _ ....:Wa_: _.. __..___._._........_._...__..__.._......... ..._._..._._._.._...... _._ _...._.. __ _._...,..__._..W._...___.__......._ ._._._..._..____._.__..._...___._.__.._._...._ __ . _.___.____.__.....___. All of the proposed changes will be consistent with the current comprehensive plan, RECOMMENDATION: Consider the provided information and recommend approval of the proposed rezoning actions. ORDER [7FBUSINESS: Introduction .................. —............. --........................... Ben Gnzola,Senior Planner Report bvstaff .... —................ ............... ........... ............ Ben Gozo|e.Senior Planner - Questions from the Commission ............ --.............. ... Chair & Commission Members Open the Public Hearing for the Rockpoint Church rezoning.. ......... .................... Chair - Close the Public Hearing ....... ...................... —... ......... ...... ...... ---.--.... Chair Open the Public Hearing for the Lake Jane Hills Park rezoning ........ ................ .Char Close the Public Hearing ........ .............. --........................ ......................... ...... Chair Open the Public Hearing for the E&E Properties rezoning .................................... Chair - Close the Public Hearing— ... —......... —.... ................................................ —......... Chair Call for amo(ion(u) ............ ................................ ........ ...... .............. ... Chair Facilitates - Discussion of Commission on the motion(s)... ....... .............. -- ....... Chair Facilitates AobonbvthePkannhngConnmisaion----------Ohair&CnmmisoionMen)bem ATTACHMENTS (4): 1. Ordinance 0obeforwarded ontothe City Council for consideration 2. Exhibit A: RockpointChurch Location Map 3. Exhibit B: Lake Jane Hills Park Parcel Map 4. Exhibit C: E&EProperties Location Map CITY OF LAKE ELMO AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE BY AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELMO The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section 300-07, subd 3. Zoning District Map, of the Municipal Code, shall be amended by adding Ordinance No. 97--, as follows: The following property are hereby rezoned from Rural Residential (RR) to the Public Facilities Zoning District (PF) as shown in exhibit A: 0 NO The following properties are hereby rezoned from One Family Residential (R1) to the Public Facilities Zoning District (PF) as shown in exhibit B: P|Dn: 09'029'21'44-0001 09-029-21-44-0003 PIN: 36-0%29-21-43-0001 The City Council of the City of Lake Elmo also hereby ordains that the Zoning Administrator shall make the applicable changes to the official zoning map of the City of Lake Elmo. Ord Rezonings per Comprehensive Plan Guidance Page 2 Effective Date This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo, This Ordinance No. 97® was adopted on this — day of , 20_, by a vote of Ayes and — Nays. Mayor Dean Johnston ATTEST: Susan Hoyt Administrator Location within the City of Lake E.# \2^ « \ k J \ 2 Location within the City of Lake Eimo City of Lake Elmo Park Land (PIDs 09-029-21-44-0001 & 09-029-21-44-0003) Rezoning from One Family Residential (R1) to Public Facilities (PF) Exhibit I Location within the City of Lake Elmo Exhibit C LAKE ,*L �m 0 Planning Commission Date: 10/10/07 Not a public hearing Item: staffITEM: Consider information regarding interim uses and provide direction to r preparation of an interit use ordinance d REQUESTED BY: City Council & Planning Commission SUBMITTED BY: Ben Gozola, Senior Planner REVIEWED BY: Susan Hoyt, City Administrator Kelli Matzek, Assistant City Planner SUMMARY AND ACTION REQUESTED: The planning commission is being asked to guide staff in preparing an interim use ordinance that would allow the City to grant interim use permits (IUDs). An IUP is an important zoning tool because, unlike conditional use permits (CUPS), an IUP can be eliminated once a specific trigger occurs. Typically IUD's will terminate on a specific date, at the occurrence of a specific event, or until zoning regulations would no longer permit such a use. In contrast, a CUP cannot be terminated provided the conditions of approval continue to be met. The two main questions that must be addressed when crafting this type of ordinance are: 1. How should the ordinance administer these types of applications? and 2. What types of uses in the various zoning districts should qualify as interim uses? State statue has permitted cities to issue interim use permits since 1989, but many cities (including Lake Elmo) do not have language in their codes to allow granting of IUPs. Attached are examples of codes which establish the framework for IUP's in various communities. Things to note about each of these ordinances include: 1. The "Purpose and Intent" sections. Most codes provide a purpose and intent section to alert the reader to why this provision is used. Currently Lake Elmo code does not include "purpose and intent" language for variances and CUPs (presumably because the intent is assumed to be implied in the regulation). Typical purpose and intent statements include the following: a. To allow uses for a brief period of time until a permanent location for the use is identified or until the permanent location is constructed; b. To allow a use that is presently acceptable, but would become unacceptable given future planned development; c. To allow a use that is reflective of anticipated long range change outlined in the comprehensive plan. 2. Statutory Requirements. Under state statute, all IUP's must... .conform to the zoning regulations; .,identify with certainty the date or event that will terminate the use; c. ...ensure permission of 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 d. ...include conditions deemed appropriate by the governing body which are accepted by the applicant. & IUP Standards. Some codes establish special criteria for reviewing IUPs, while many simply refer to the review criteria already established for conditionally permitted uses. 4. Termination. All IUP codes include language to govern the anticipated termination of such uses. Typically this language requires termination upon the following: a. The date stated in the permit; b. Upon violation of the conditions of approval; c. Upon a change to the City's zoning regulations rendering the use nonconforming; d. The redevelopment of the use to a permitted or conditionally permitted status. Some codes also include language outlining a special process for revocation of IUP permits. 5.Consent A reement. Construction of most interim uses will require an investment in a property, and therefore it can be difficult for the city to show compliance to the statutory requirement that such uses not impose additional costs to the public if the land must be acquired by the city. To address this problem, it is important to have all applicants sign a consent agreement acknowledging the request as a temporary use. An example consent agreement from Bloomington is attached for your reference. 6. Specific Interim Uses. You'll note that each of the provided ordinances does not list what the interim uses are within the respective cities. Specific interim uses are typically listed in the individual zoning district chapters following the permitted and conditionally permitted uses. As part of this process, the planning commission should recommend types of uses that would make sense to be classified as interim (i.e. RECOMMENDATION: The planning commission is asked to consider the provided information, and to provide staff with your thoughts and concerns. Staff will utilize this feedback to craft an ordinance for planning commission consideration on October 22nd. The limited time available staff prevented us from preparing a draft ordinance for the packet, but we will strive to have a sample ordinance ready for discussion at the meeting. - Introduction....................................................................... Ben Gozola, Senior Planner - Report by staff................................................................... Ben Gozola, Senior Planner - Questions from the Commission ................................... Chair & Commission Members - Feedback/Direction to staff ............................................ Chair & Commission Members ATTACHMENTS (10): 1. MN Statute 462.3591 which authorizes interim uses 2. City of Bloomington Interim Use provisions; 3. City of Plymouth Interim Use provisions; 4. City of Maple Lake Interim Use provisions; S. City of Northfield |nbyhm Use provisions; 6. City ofSunfish Lake Interim Use provisions; 7. City of Medina Interim Use provisions; 8. City of Elk River Interim Use provisions; 8. City cfTonka Boy |nbahm Use provisions; 10. Example ofa "consent agreement" torequire with all IUP applications 462.3597, Minnesota Statutes 2006 Page 1 of 1 Minnesota Legislature Hame I Links to the World i Holp I Advanced. Search Officeto ., the ;. House ( Senate I Joint Departments and Commissions I Bits Search and staters I statutes, Laws, and Rules Minnesota Statutes Tabic of Chap Chapter 462 Table of Contents Copyright © 2006 by the Office of Devisor of Statutes, State of Minnesota. 462.3597 INTERIM USES. Subdivision 1. Definition. An "interim use" is a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Subd. 2. Authority. Zoning regulations may permit the governing body to allow interim uses. The regulations may set conditions on interim uses. The governing body may grant permission for an interim use of property if: (1) the use conforms to the zoning regulations; (2) the date or event that will terminate the use can be identified with certainty; (3) permission of 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 (4) the user agrees to any conditions that the governing body deems appropriate for permission of the use. Any interim use may be terminated by a change in zoning regulations. Subd. 3. Public hearings. Public hearings on the granting of interim use permits shall be held in the manner provided in section 46subdivision 33. History: 1989 c 200s 2 Please direct all comments concerning issues or legislation to your House Member or State 59flator. For Legislative Staff or for directions to the Capitol, visit the Contact us page. Genera[ questions or cornments. http://www.reN,isor,leg.state.nit-.us/[yin/getpub.pbp`?type=s&year—Curren &num=462.3597 10/3/2007 City Use Ordinance Pratisions (a) Purpose. Interim use permits establish a framework for the regulation of temporary land uses. (b) Permit Required. No use designated as an "Interim Use" in any zoning district shall be established unless and until an Interim Use Permit has been granted by the City Council. (c) Application, Hearings. (1) Application shall be made by the fee owner or authorized representative of the fee owner of the property upon which the interim use is proposed. The Planning Commission or City Council may also initiate an application for an Interim Use Permit. (2) Applications shall include: (A) A completed application form signed by the fee owner of the property or by the fee owner's authorized representative; (13) All necessary information to fully describe the nature of the request and use, its operation and intensity, location on the site, affect on abutting and adjacent properties and site improvements necessary to conduct the use; (C) A letter from the applicant stating the date or event that will terminate the use; (D) A signed consent agreement, provided by the Issuing Authority, agreeing: CID (i) that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the Interim Use Permit; (ii) that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future; and (iii) that the applicant, owner, operator, tenant and/or user will abide by conditions of approval that the City Council attaches to the Interim Use Permit. (E) Any other information that may be required by the Issuing Authority to evaluate the application. (3) Applications shall be submitted to the Division of City Planning for review of completeness in accordance with the standard procedures and policies for development review adopted by the City of Bloomington. (4) Upon acceptance of the application as complete, the application shall. be scheduled for a public hearing before the Planning Commission. The Public Hearingshall be advertised and notices mailed to adjacent property owner within 500 feet of the subject property in accordance with the requirements of Section 19.16 of this Code. After considering the application, the staff report, testimony from the applicant and the public and any other relevant information, the Planning Commission shall recommend approval, approval with conditions or denial. The recommendation of the Planning Commission shall be forwarded to the City Council as soon as practical. (5) After considering the application, recommendation of the Planning Commission, any staff reports, testimony from the public hearing and any other relevant information, the City Council shall take action on the application through approval, approval with conditions, or denial. Should the City Council approve the application, the City Council shall specify the term of the Interim Use Permit, the event(s), circumstances or conditions that shall cause termination, and any conditions of approval. (d) Findings, An Interim Use Permit may be granted only if the City Council finds as follows: (1) The use will not delay permanent development of the site. (2) The use will not adversely impact implementation of the Comprehensive Plan. (3) The use will not be in conflict with any provisions of the City Code. (4) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. (5) The date or event that will terminate the use has been identified with certainty. (6) The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant and/or user has no entitlement to future reapproval of the Interim Use Permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. (e) Conditions of Approval. The City Council may attach conditions of approval to an Interim Use Permit in order to minimize the adverse impacts of an interim use, in order to identify a date or event that will terminate the Interim Use Permit, and to address any special needs. (1) The applicant shall raise objections, if any, to proposed conditions of approval at the public hearing(s). N ,c �hot�'Fk�& nge ,.ran lntf J�,*n U b (2) An approved performance bond or letter of credit may be required as a condition of approval to ensure the restoration of the site and surrounding area after termination of the use. (f) Expiration and Termination. (1) An Interim Use hermit shall expire and the interim use shall terminate at the earlier of: (A) The expiration date established by the City Council at the time of approval, but in no event more than three years from the date of approval; (B) The occurrence of any event identified in the Interim Use Permit for the termination of the use; or (C) Upon an amendment of the City Code that no longer allows the interim use. (g) Suspension and Revocation. (1) The City Council may suspend or revoke an Interim Use Permit upon the failure of the interim use, or the interim use's permittee, owner, operator, tenant or user, to comply with the provisions of this Code, the laws of the State of Minnesota, the approved plans, or the conditions of approval, or by finding that the activities allowed under the permit adversely affect the public health, safety, or welfare. (2) A suspension or revocation of an Interim Use Permit shall be preceded by written notice to the permittee and a hearing. The notice shall provide at least ten (10) days notice of the time and place of the hearing and shall state the nature of the violations. The notice shall be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case may be before the City Council or in accordance with Minnesota Statutes, Section 14.57 to 14.60, but informal disposition of a contested case by stipulation, pursuant to Minnesota Statutes, Section 14.59, may provide an adequate basis for imposition of sanctions. (h) Standards. (1) The term of an Interim Use Permit shall not exceed three (3) years. (2) Because of its temporary nature, an interim use permit shall not be renewed. Continuation of an interim use beyond the date of expiration of its Interim Use Permit requires approval of a new hiterim Use Permit. 3 211020.01.. PURPOSE AND INTENT: The purpose and intent of allowing interim uses is: Subd. 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. Subd. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. Subd. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. Subd. 1. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Section 21015 of this Chapter. Subd. 2. Effect of Permit. An "interim use permit for seasonal farmer's market and produce sales may be issued for a period of up to eight months per calendar year after which the permit may be reissued for up to eight month periods per calendar year by the Zoning Administrator. The interim use permit may be reissued if the farmer's market or produce sale is consistent with the original interim use permit approval, and is in compliance with Section 21460.09, Subd. 2 of this Chapter. (Amended by Ord. No. 2005-01, 01/11/05) 21020.03. GENERAL S T .kliXDARDSe _ An interim use shall comply with the following: Subd. 1. Meet the standards of a conditional use permit set forth in Section 21015.02, Subd. 5 of this Chapter. Subd® 2. Conform to the applicable general performance standards of Section 21.015.04 of this Chapter. Subd. 3. The use is allowed as an interim use in the respective zoning district. Subd. 4. The date or event that will terminate the use can be identified with certainty. Subd. 5. The use will not impose additional unreasonable costs on the public. 21.020-1 Subd® 6m The user agrees to any conditions that the City Council deems appropriate for permission of the use. 21020004® TERMINATION: An interim use shall terminate on the happening of any of the following events, whichever occurs first: Subd® 1. The date stated in the permit. Subda 2® Upon violation of conditions under which the permit was issued. Subdm 3. Upon change in the City's zoning regulations which renders the use non- conforming. Subdo 4® The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. 210200058 CERTIFICATION OF TAXES PAID: Prior to approving an application for an interim use permit, the applicant shall provide certification to the City that there are no delinquent property taxes, special assessments, interest, or City utility fees due upon the parcel of land to which the interim use permit application relates. SECTION 11: 11.01 Purpose and Intent 11.02 General Standards 11.03 Procedure 11.04 Application, Public hearing, Notice, and Procedure 11.05 Termination 11.01 .Purpose and Intent. The purpose and intent of allowing interim uses is: A. To allow a use for a brief period. of time until. a permanent location is obtained or while the permanent location is under construction. B. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. C. To allow a use which is reflective of anticipated long range change to ail area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. 11.02 General Standards. An interim use shall comply with the following: A. The use is allowed as an interim use in the respective zoning district and conforms to zoning regulations. B. The date or event that will terminate the use can be identified with certainty. C. The use will not impose additional unreasonable costs on the public if it is necessary for the public to take the property in the future, D. The user agrees to any conditions that the City Council deems appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. Subdo L New Uses: Uses defined as interim uses shall be processed according to the standards and procedures for a Conditional Use Permit as established by Section 10 of this Ordinance. Section 11 Page 1 of 2 11.04 Application, Public Hearing, Notice, and Procedure. The application, public hearing, public notice, and. procedure requirements for interim. Use Permit shall be the same as those for a Conditional Use Permit (Section 10) as provided. in this Ordinance. 11.05 Termination. An interim use shall terminate on the happening of any of the following events, whichever occurs first: A. The date or event stated in the permit. B. Upon violation of conditions under which the permit was issued. C. Upon change in the City's zoning regulations which renders the use nonconforming. Section 11 e Mage 2 of 2 eld Mierim iiye Ordinance 11'rorised,ns Sec. 34-811. Interim e permits. (a) Grant duration. An interim use permit may be granted, as provided in this section and as allowed by M.S.A. § 462.3597, for a temporary use of property until a particular date, until the occurrence of a particular event, or until the city's zoning ordinance regulations no longer permit it. (b) Criteria for review of interim use permit applications. In review of an interum use permit application, the city council shall consider the advice and recommendations of the planning commission. Each application shall be reviewed to determine the effect of the proposed use on the comprehensive plan and upon the health, safety, morals and general welfare of the public including occupants of surrounding lands. (1) Any application for an lnteri use permit shall at a minimum meet the following requirements: a. The use shall conform to the city's zoning regulations. b. The date or event that will terminate the interipi. use shall be identified with certainty. c. Permission of the use shall not impose additional costs on the public if it is necessary for the public to take the property in the future. d. The user shall agree to any conditions the city council deems appropriate for permission of the use, including, in the city's discretion, a condition that the user shall be responsible for the cost of removing the mterilli use and any structures associated with the interim 45e. upon the expiration of the inteiirr%use permit, and that the user may be required to provide appropriate financial security to cover such cost. (2) The application shall be reviewed for its conformance with the conditional use permit criteria established in Section 34w806(a), Subd. 1 of the Northfield Zoning Ordinance, and any other applicable criteria. (3) Failure to comply with any one of the applicable criteria as determined by the city shall be sufficient cause to deny theIt e use permit application. A criterion is considered to be applicable if it is reasonably capable of being applied to the proposed use. (c) Additional conditions. hi addition to the criteria expressly specified by this section, the city council may impose additional conditions on the issuance of an Mtefiu1 use permit which the council considers necessary to ensure neighborhood compatibility, to ensure compliance with all applicable federal, state and local regulations, and to protect the public health, safety, morals and general welfare. ................................ (d) Termination. An interims use permit shall terminate upon the occurrence of any of the following: (1) The date or event specified in the approval of the permit. (2) Violation of any of the conditions under which the inter -muse was issued. (3) A change its the city's zoning regulations such that themterim, use is no longer permitted. (e) Required exhibits. An accurate property description, a preliminary development plan, and a property survey shall be required as part of the application for an interirp ase permit unless any such requirement is waived by the zoning administrator. (f) Procedure. The procedure for issuance of an interim use permit shall be as follows: (1) The property owner shall meet with the zoning administrator to explain the situation, learn the procedures and obtain an application form. (2) The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by city council resolution. (3) The zoning administrator shall set a date for a public hearing and prepare notices of the time, place and purposed of such hearing for publication in the official newspaper at least ten days prior to the day of the hearing. A similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the permit relates. Failure to give mailed notice to individual property owners, or defectsin the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with these provisions has been made. (4) Prior to the public hearing, the zoning administrator shall prepare the appropriate exhibits for distribution to the planning commission and to interested parties. (5) The planning commission shall hold the public hearing, study the application to determine possible adverse effects of the proposed inter"Up use and determine what additional requirements may be necessary to reduce such adverse effects, adopt findings based upon the evidence established. during the hearing and shall recommend to the city council one of three actions approval, denial, or conditional approval. (6) The city council shall adopt findings and shall act on the request for an Interim use permit within the time required by state law. If the city council grants the interim ttsepermit, the council may impose conditions it considers necessary to protect the public health, safety and welfare, and such conditions shall include a time limit for the use to exist or operate. (7) Where an jPterim use permit has been issued pursuant to this section, such permit shall become null and void without further action by the planning commission or the city council unless work thereon commences within one year of the date of granting such interim use. An intef rn use permit shall be deemed to authorize only one particular use and shall expire if that usb shall. cease for more than 12 consecutive months. a (8) In the event that a permittee violates any one of the conditions set forth in the iinz se permit or the requirements of any applicable zoning regulations, the permit may be revoked by the city council, as provided in Section 34-806(8), Subd. 4.,Violations and Penalties, for revocation of a conditional ixse permit. (g) Recordkeeping. The zoning administrator shall maintain a record of all zpferim izse permits issued including information on these, location, conditions imposed by the city council, time limits, review dates, and other such information as may be appropriate. (h) Gravel extraction in all districts. Subject to the other provisions of this section, gravel extraction operations may be allowed by interim use permit in any district subsequent to annexation but prior to development of the annexed property. 9 Saw, fish 1,ake Interhm, Ut'w Ordmrnance Frovisdons 1205.01 Purpose and Intent 1205.02 Procedure 1205.04 Termination I The purpose and intent of allowing interim uses is to allow a use or activity that 1 presently acceptable, but that with anticipated development, redevelopment, or identifiable change may not be acceptable in the future. AExisting Uses, Uses defined as interim uses which presently exist a which were legally established within a respective zoning district shall be considered approved. I B. Now Uses. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the standards and procedures for a conditional use permit as established by Section 1204. 1111111 1 11 . A. Existing Uses. Shall be in conformance with zoning and building standards in effect at the time of initial construction and development and shall continue to be governed by such regulations in the future. B. New Uses. 2. The date or event that will terminate the use can be identified with certainty. 3. The existence of 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 4. The user agrees to any conditions that the City Council deems appropriate for permission of the use. C. Existing Uses and New Uses. Sunfi',Yh 1,ake Interim bse Ordinance Provi'sions 1. Shall maintain harmony and compatibility with surrounding uses and with the architectural character and design standards of existing uses and development. 2. Conforms with all performance standards contained in this Ordinance (i.e., parking, noise, etc.). 3. Shall have no detrimental effect upon the property values or the general health, safety, and welfare of the surrounding uses and property owners. 4. Traffic generated by the use does not overburden or exceed the capabilities of streets and other public services and facilities, including parks, schools, streets and utilities serving the area. SECTION 1205.04 TERMINATION: An interim use shall terminate on the happening of any of the following events, whichever first occurs: A. The date or event stated in the permit or ordinance. B. Upon violation of conditions under which the permit was issued. C. Upon change in the City's zoning regulations which renders the use non- conforming. D. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district. I Medina City Code 825. Zoning — Administration INTERIM USES Section 825.73..lnteri ilses® Purpose. The purpose of this ordinance is to allow the establishment or continuation of interim uses under specific and regulated conditions. Interim uses may be allowed by permit if the following conditions are met: (a) the use conforms to the zoning regulations; (b) the date or event that will terminate the use can be identified with certainty; (c) permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the fixture; and (d) the user agrees to any conditions that the city council deems appropriate for permission of the use. Section 825.75. AyOication. Subd. 1. The land owner or user shall submit an application for an interim use permit to the zoning administrator. The application shall be accompanied by the following information and documentation: (a) legal description of the property; (b) identification of the owner and user, if different; (c) survey showing property boundaries; existing improvements, including buildings, parking areas, storage areas, utilities, drainage tiles and wells; topography of the site and area within 100 feet of the property boundaries with contours at 2 -foot intervals; significant trees and existing vegetation; easements of record, including the dimensions thereof, and wetlands; (d) site plan of proposed improvements showing all buildings, parking areas, storage areas, driveways, access points, berms, easements, and adjacent public or private streets; (e) floor plans and building elevations, including list of building materials, showing a sketch or computer-generated image of proposed buildings as viewed from surrounding uses; (f) site plan of existing uses on property in non-residential zones adjacent to the site and on property in residential zones within 720 feet of the site, measured at the closest point showing buildings, entrances and other significant features and illustrating sight lines to the proposed use; (g) proposed grading plan with contours at 2 -foot intervals; 825. Zoning --Administration Page 42 of 46 Medina Citv Code (h) soils map; (i) tree preservation plan; 0) landscaping plan, including species and sizes; (k) drainage and. storm water plan; (1) utility plan; (m) sign plan; (n) lighting plan; 825. Zoning — Administration. (o) table of all proposed uses by type and square footage, including estimated water and sanitary sewer usage; (p) statement of the date or event terminating the use; and (q) application fee. Subdm 2m Upon receipt of an application for an interim use permit, the zoning administrator shall review the material submitted and determine whether the application is complete. if the application is not complete, the zoning administrator shall notify the applicant in writing and shall specify the additional documentation or infonnation that the applicant will be required to submit before the application will be considered complete. When the application is complete, the zoning administrator shall refer the matter to the planning commission for review and public hearing. Section 825.77. Planning Commission Review, Public Hearing, Subde le The planning commission shall review the proposed interim use permit on the basis of the infonnation and documentation submitted by the applicant and any other information available to it. The planning commission shall hold a public hearing on the proposed interim use. Notice of the time, place and purpose of the hearing shall be published in the city's official newspaper at least ten days prior to the date of the hearing. For land located in the RR, RR -1, RR -2 or RR -UR zoning districts, notice shall also be mailed at least ten days prior to the hearing to each owner of affected property and property situated wholly or partly within 1000 feet of the property to which the interim use relates. For land located in any other zoning district, notice must also be mailed at least 10 days prior to the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the interim use permit relates. Subdo 20 The planning commission shall review the proposed interim use to detennine whether it is consistent with the requirements of this ordinance. Following the public hearing, the planning commission shall recommend that the interim use be approved with conditions or denied. The planning commission shall forward its recommendation to the 825. Zoning --Administration Page 43 of 46 Medina City Code 825. Zoning — Administration city council along with a. list of suggested conditions if it recommends approval of the permit. Section 825.11. CitCouncil Review* Amendment. Subd. 1. The city council shall consider the recommendation of the planning commission after receipt of its report and niay consider any additional information or conduct such additional review, if any, as it detennines would serve the public interest. The city council shall approve with conditions or deny the interim use permit. The city council shall condition its approval in any manner it deems reasonably necessary in order to promote public health, safety or welfare and to achieve compliance with this ordinance. The city council may require the applicant to enter into an agreement including such provisions as it deems reasonably required to ensure compliance with this ordinance and. the tells and conditions of the city's approval. Subd. 2. An application to amend an approved site plan shall be reviewed under this section in the same manner as an initial application for an interim use permit. ,Section 825.8-. Termination, An interim use shall terminate upon the date or the occurrence of the event established in the permit or upon such other condition specified by the city. Notwithstanding anything herein to the contrary, an interim use may be terminated by a change in zoning regulations applicable to the use or land upon which it is located. Amendment History of this Section February 19, 1985 — Ord. 217-A -- Amended 825.07 Subd. 8 regarding the definition of 'a boathouse. Also amended 825.21, Subd. 6 and 825.21 Subd. 8 regarding setbacks in the Shoreland District. June 16, 1987-- Ord. 224 -- Amended Subd. 12 of Subsection 825.07 and Subsection 828.25 regarding residential building height. January 15, 1986— Ord. 226—Amended Subsection 825.19 regarding Accessory Buildings. August 4, 1987 -- Ord. 235 — Amended Subsection 825.19 regarding Accessory Buildings February 4, 1992 —Ord. 261 — Amended Subd, 29 of Subsection 825.07 regarding accessory structures to an essential service. March 9, 1992 -- Ord 262 — Added Subd. 49.1 to Subsection 825.07 and amended Subd. 29 of Subsection 825.07 regarding Home Occupations. March 9, 1992 -- Ord. 263 --Amended Subsection 825.47 regarding the valid time of variances. 825. ,Zoning --Administration Page 44 of 46 Medina City Code 825. Zoning — Administration February 2, 1993 – Ord. 274 – Amended Subd. 1, 2, and 3 of Subsection 825.51 relating to the payment of application fees. .lame 1, 1993 – Ord. 275 – Amended Shoreland restrictions. Amended Subsection 825.07: subd. 8 (height changed, "exclusive ofsafety rails" added), 11 (shoreland measurement change), 23.1 (addition), 25 ("hotel, motel... " exclusions added, language change), 31 (shoreland overlay language addition), 49.3 (addition), 49.4 (addition), 73 (redefinition of "ordinar high water mark'), 80.1 (addition.), 94.1 (addition), 96.1 (addition), 115 (redefinition of "wetland'). Amended Subsection. 825.21: subd. 6 (slight requirement changefor shoreland setbacks), 8 (change of structure setback/placement requirements with regard to water). Amended 827.01 (near total rewriting of the shoreland ordinance), Subd. 3 of Subsection 827.29 ("subdivision does not apply to setbacks req'd by 82 7. 01 '), and 828.63 (part b added to existing language). Many pedestrian organizational and small grammar edits throughout. April 19, 1994 –Ord, 278 –Amended Subsection 825,31: subd. I and 2 (total rewrite of board of adjustments role and powers), 3 (zoning administrator as liaison to board of adj), 4 (board of adj. procedures added). Amended Subsection 82.5.33: subd 1,2 and 3 (total rewrite of planning commission description and powers/duties), 4 (zoning administrator as liaison to plg. comm), 5 and 6 (add procedure for recommendations to council). October 4, 1994 – Ord. 280 – Added Subd 75.5 to Subsection 825.07 for Planned Unit Developments. February 7, 1995—Ord 283—Replacedprevious language of Section 825.15 relating to nonconforming uses with the language from Ord. 283. November 19, 1996—Ord 293—Added and amended definitions in Subsection 825.07 regarding the floodplain district. Juste 3, 1997– Ord. 295 – Amended Subsection 825.07 regarding land excavation and reclamation. May 20, 1997– Ord. 296–Amended Subsection 825.45 regarding individual sewage treatment systems. March 2, 1999 – Ord 308 Added new Subsection 825.53 relating to principle uses. March 20, 2001 - Ord. 332 –Added Subsections 825.55, 825.57, and 825.59 regarding site plan review. June 19, 2001- Ord 344 - Amended Subd. 29 of Subsection 825.07 regarding essential services and wireless service facilities. Deceynber 16, 2003 – Ord. 360 –Added Subsections 825.61, 825.63, 825.65, 825.67, 825.69, and 825.71 regarding Concept Plan Review Procedures. February 17, 2004 – Ord 363 – Added Subd. 49.5 to Subsection 825.07 and Subsections 825..73, 825.75, 825.77, 825.79, and 825.81 regarding Interim Uses. Jub) 20, 2004– Ord. 371–Amended Subd. 12 of Subsection 825.07 regarding the definition of building height. August 3, 2004– Ord. 372 – Amended Subsection 825.69, by adding clause b) regarding the resubmission of Concept Plan Reviews. 825. Zoning--Adininistration Page 45 of 46 Medina Citv Code 825. Zoning — Administration August 3, 2004 — Ord. 373 —Amended Subd. 1 of Subsection 825.33., changing the number of members on the planning commission firom nine to seven. March 1, 2005— Ord 383 —Amended Subds. I and 4 of Subsection 825.33, setting the beginning ofa planning commission members term at.Ianuary I and also allowing the cio) administrator the ability to appoint a designated staff liaison to the Commission. March 21, 2006— fid 401— Deleted Subds. 31 and 84 of Subsection 825.07, regarding definitions of excavation, and land reclamation. April 18, 2006— Ord 403 —Amended Subds. 57.1 and 64 ofsubsection 825.07 regarding definitions ofF, lag Lots and Lot Width. August 15, 2006 — Ord. 411— Amended subsection 825.69 regarding Concept Plans, adding a public hearing at the Planning Commission and mailed notifications to be sent. October 17, 2006 — Ord. 417 -- Amended sections 825.37; 825.43; 825.47; and 825.77 relating to notice requirements. August 8, 2007— Ord. 428 —Added Subsection 106.1 defining Therapy, Animal -Assisted (or "AAT ). 825. Zoning —Administration Wage 46 of 46 Interim Use Perinit Application 1?age 3 The following pages are for reference only. As any ordinance is constantly undergoing changes, please refer to the City of Elk River's Web site(u: xr v�siW..ell,-ri ;c;I;.rnr sites) to view the latest amendments to the Zoning Ordinance. Sec. 30-658. interim uses. (a) Definitions. The definitions in section 30-1 are applicable in this section. (b) Autlqotz�Zation. 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 he authorized. Interim uses that fail to comply with all of the zoning standards established for the district within which the use is located may also be authorized. (c) Criteria. In determining whether to authorize an interim use, the planning commission and city council shall consider the following criteria: (1) 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. (2) There is adequate assurance that the property will be left in suitable condition after the use is terminated. (3) The use is similar to uses defined in the zoning district in which the property is located. (4) The date or event that will terminate the use can be identified with certainty. (5) 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. (6) The applicant and user agree to all conditions that the city council deems appropriate for authorization of the interim use. (7) 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. (d) Required findings. 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. (e) Application forper-mit. Applications for interim use permits shall be processed in the same manner as for conditional use permits, as established in this subdivision III. (Ord. No. 00-05, � 2(900.42), 3-20-2000) State law references: Interim uses, Minn. Stats. § 462.3597. Sec. 30-659. 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: (1) 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. (2) 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 snail, no less than ten days before the hearing. The notice of hearing shall include a summary of the alleged noncompliance of the conditional use pert -nit. (3) 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. (4) At the conclusion of the public hearing the city council may continue the revocation to a future date or make its findings and determination. (5) If the city council determines that the conditions of the conditional use pert -nit have not been met, it may order revocation of the conditional use permit effective on such date as it shall determine. (6) Revocation of a conditional use permit shall not be ordered unless the city council has rade 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. (7) Revocation of a conditional use permit shall be a final action of the city council, appealable only to district court, as provided by law. (Ord. No. 00-05, 5 1(900.42(8)), 3-20-2000) 5:\PLANNING\Forms\Application Dorms\Irtterim Use Pcrmit.doc CITY OFTON1ABAY — Section l07 Home Agendas and Minutes City Cmumm| Inside City Hall City Jobs Camp Plan Un6ote[Sumpy Environment Forms Helpful Links History News Online Form Ordinances City 'Code Zoning Ordinance Floodplain Management Sxore|mnuMmnmgemont Subdivision Ordinance Parks and Trails Zoning Classification Search moSite This Section Search Tins Page I of 2 .1007.01 PURPOSE.The purpose and intent of allowing interim uses is: I Su�. 2.New Uses. m. Conforms 0oall zoning regulations apotherwise applicable. b. The date o,event that will terminate the use can be identified with certainty. o. The existence ofthe use will not impose additional costs vnthe public ifitiunecessary for the public totake the property inthe future. d. The user agrees toany conditions that the City Council deems appropriate for permission ofthe use. {ttp:.ASIC&3EC=/9D5F836F-E4iD--472E.. 10/4/2007 SubdTo allow a use for a brief period of time, not inexcess ofone year, until opermanent location is obtained mwhile the permanent location iounder construction. Subd.2.Toallow ouse that iupresently acceptable, but that with anticipated development orredevelopment, will not bo acceptable inthe future. 8ubd.3.Toallow ause which inreflective ofanticipated long range change koanarea and which isincompliance with the Comprehensive Municipal Plan. 1007.02 PROCEDURE. ubdUses. Uses defined asinterim uses which presently exist and which were legally established within a respective zoning district shall beconsidered approved. Subd.2.New !Uses. Uses defined aninterim uses which Uonot presently exist within erespective zoning district shall be ' processed according tothe standards and proceduresfnra conditional use permit anestablished with Section 1003. 1007.03 GENERAL STANDARDS. Aninterim use shall comply ' w�hthe hU��nA� Subd 1 conformance with zoning` and building atthe time ofinitial construction and development and shall continue to be governed by such regulations in the future. Su�. 2.New Uses. m. Conforms 0oall zoning regulations apotherwise applicable. b. The date o,event that will terminate the use can be identified with certainty. o. The existence ofthe use will not impose additional costs vnthe public ifitiunecessary for the public totake the property inthe future. d. The user agrees toany conditions that the City Council deems appropriate for permission ofthe use. {ttp:.ASIC&3EC=/9D5F836F-E4iD--472E.. 10/4/2007 CITY OF TONKA BAY _.. Section 1007 Page 2 of 2 Subd. 3. Existing_Uses and_New_Uses. a. Shall maintain harmony and compatibility with surrounding uses and with the architectural character and design standards of existing uses and development. b. Conforms with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). c. Shall have no detrimental effect upon the property values or the general health, safety, and welfare of the surrounding uses and property owners. d. Traffic generated by the use does not overburden or exceed the capabilities of streets and other public services and facilities, including parks, schools, streets and utilities serving the area. 1007.04 TERMINATION. An interim use shall terminate on the happening of any of the following events, whichever first occurs: Subd. 1. The date stated in the permit or ordinance. Subd. 2. Upon violation of conditions under which the permit was issued. Subd. 3. Upon change in the City's zoning regulations which renders the use non -conforming. Subd. 4. The redevelopment of the use and property upon which it is located to permitted or conditional use as allowed within the respective zoning district. Nome I Agendas and Minutes I City Council I Inside Cid Hall I City Jobs I Comp Plan UpdetelSurvey ( Environment I Forms I Helpful Links History_ ( News I Online Form f Ordinances I Parks and Trails I Zoning_ Classification Bre Printer^friendly Version hitp://www.cityoftoiikabay.netlindex.asp?Type=B_-BASIC&SEC =19D5F836F-E41E--472E... 10/4/2007 CONSENT AGREEMENT WHEREAS, on December 2, 2002 the City Council of the City of Bloomington adopted Ordinance No. 20023 8, whish establishes a framework for regulating temporary use of land. through the issuance of interim use permits; and WHEREAS, Section 19.23.03(d)(6) of this Ordinance requires an applicant for an interim use permit to sign a Consent Agreement wherein the applicant acknowledges and agrees that the proposed interim use will not impose additional costs on the public if there is a future need for public acquisition of the applicant's property through eminent domain and that the applicant has no entitlement to future reapproval of the interim use permit; NOW, THEREFORE, 5 as applicant for an interim use permit for at ____ (use of property) (location) agree as follows. 1. If this application is approved by the Bloomington City Council and an interim use permit is issued, the interim use of the property will not impose additional costs on the City or any other public entity if it is necessary to acquire the property or a portion thereof by eminent domain after issuance of the interim use permit. 2. The applicant acknowledges that the proposed use is temporary and terminates upon expiration of the interim use permit. The applicant has no legal or equitable right to future reapproval of the interim use permit and. must file a new application for that purpose. 3. The applicant will comply with all conditions imposed by the City Council on the interim use permit. 4. This Consent Agreement shall be binding on any owner, operator, tenant and/or user of the property for which the interim use permit has been granted and the applicant is authorized to sign this Consent Agreement on behalf of said owner, operator, tenant and/or user of the property. Applicant (Applicant must be the Property Owner) STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instniment was acknowledged before me this ---day of 200_, by , the of a Minnesota , on behalf of said company. Notary Public F:\P1anning\Fomis\lntrrirn Use Consent Agreenient.doe