HomeMy WebLinkAboutFINAL ORDINANCE NO. 08-032CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO.08-032
AN ORDINANCE AMENDING THE INTERIM USE PERMIT
REQUIREMENTS OF SECTION 154.019 AND ADDING A DEFINITION
OF AN INTERIM USE
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title I: General
Provisions; Chapter 11: General Code Provisions, by amending section 11.01 Definitions to
add the following definition:
Interim Use — 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. The City Council of the City of Lake Elmo hereby amends Title XV: Land
Usage; Chapter 154: Zoning Code, by amending the following language:
§ 154.019 INTERIM USE PERMITS.
(A) Purpose and intent. The purpose and intent of allowing interim uses are:
(1) T ll a iise for ,. brief period ofdine until pefinaneatl bt .]
(1) To allow a use for a limited period of time that reasonably utilizes the prop
ertV
where such use is not consistent with the Future Land Use Map in the Comprehensive Plan; and
(2) To allow a use that is presently acceptable, but that with anticipated development
or redevelopment or other significant change, will not be acceptable in the future or will be
replaced by a permitted or conditional use allowed within the respective district; and
(3 el. e fleet:. e o f anfi .,te.l to 1. area.1
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(B) General standards. An interim use permit may be granted only if the City Council
finds as follows:
Ordinance 08-032 City Council; 10-19-10
(1) The use is allowed as an interim use in the respective zoning district and conforms to
standard zoning regulations.
(2) 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.
(3) The use will not adversely impact implementation of the Comprehensive Plan.
(4) The date or event that will terminate the use is identified with certainty.
(5) The a.. plieant has a geed a eansent agreement n g that the apphen.,}
.ell as agreeing A. at The inteiimasewill «et i.. .. pose additienal eosts o theublin if it in
F.. the blie ♦e fully ..tiall., take the ert n the F..t..«a
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(6) (5) The user agrees to all conditions that the City Council deems appropriate for
permission of the use. This may include-inelu4ixg the requirement of appropriate financial
surety such as a letter of credit or other security acceptable to the City to cover the cost of
removing the interim use and any interim structures not currently existing on the site, upon the
expiration of the interim use permit.
(7) (6) There are no delinquent property taxes, special assessments, interest, or city
utility fees due upon the subject parcel.
(8) (7) The tefm date or event terminating ePthe interim use Flees Ret exeeea 2 yea~n
shall be set by the City Council at the time of approval.
(C) Recordkeeping. The Zoning Administrator shall maintain a record of all applications
and all interim use permits issued, including information on the use, location, conditions imposed
by the community, time limits, review dates, and such other information as may be appropriate.
(D) Application. Applications for an interim use permit shall be made by the fee owner or
authorized representative of the fee owner of the property upon which the interim use is
proposed. All applications shall include the following:
(1) A completed application form signed by the fee owner of the property or by the fee
owner's authorized representative;
(2) Application fee;
(3) Proof of ownership consisting of an abstract of title or registered property certificate
er authorized reprene,.tatie., for the .a.., pelt n which the interim use is requested;
(4) Def• erA--Plans for the proposed use showing all information deemed necessary
by the Administrator to ensure the community can determine whether the proposed developm
Ordinance 08-032
10-19-10
use and/or improvements will meet all applicable developm standards. Such information may
include but shall not be limited to the following:
(a) Site plan drawn to scale showing parcel and existing topography;
(b) Location of all buildings and their size, including square footage;
(c) Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and
sidewalks;
(d) Landscaping and screening plans, including species and size of trees and shrubs
proposed;
(e) Finished grading and drainage plan sufficient to drain and dispose of all surface
water accumulated;
(f) Type of business or activity and proposed number of employees;
(g) Proposed floor plan and elevations of any building with use indicated;
(h) Sanitary sewer and water plan with estimated flow rates;
(i) Soil type and soil limitations for the intended use. If severe soil limitations for the
intended use are noted, a plan or statement indicating the soil conservation practice or practices
to be used to overcome the limitation shall be made part of the application; and
applieation fefffl shall be TMra„ied y
an aeeilfate list showing
fiames and the b owners
F ther r y 1,F ' 1, h ndi fi,.permverified 1. al ;t , ght• b
applisart-.-A certified list of property owners located within 350 feet of the subiect pronerty
obtained from and certified by a licensed abstractor;
(5-)(81 A letter from the applicant explaining the proposal and stating the date or event
that will terminate the use;
Ordinance 08-032
10-19-10
{§}(g)_ A signed consent agreement, subject to review and approval by the City Council
idea by the sit., agreeing documenting:
(a) That the applicant, owner, operator, tenant and/or user has no entitlement to
future reapproval of the interim use permit;
(b) 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
(c) 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.
(7) A 1 t_____— p showing R._. gL%er 1le ..tie_ of the proposed , ,i}l.:«R.`
�
E91 unity;
(8) A map shewiRg ..11 pFineipal land uses .:t1.;« 500 feet of the pereel , .. Meh the
«teffl ,l e e.
(9) A eertifie.7 list of preperty owners laeatedy4thin 350 feet of the ..,.l.:eet pre«eft..
obtained f' d rtifie,l by a hems`d ab str..eter; an
E18�-(10� and any other information that maybe reasonably required by the city to
evaluate the application.
(E) Planning Commission review and public hearing. The Zoning Administrator shall refer
completed applications to the Planning Commission for consideration and a public hearing at the
next available regular meeting as determined by staff. Prior to the meeting, the Zoning
Administrator shall complete the following.
(1) Distribute the application to appropriate city departments and commenting agencies
to receive feedback;
(2) Publish notice of the purpose, time and place of the public hearing in the official
newspaper of the community, and mail notices to all property owners located within a minimum
of 350 feet of the property described in the application, at least 10 days prior to the date of the
hearing. A copy of the notice and a list of the owners and addresses to which the notice was sent
shall be attested to by the responsible person and shall be made a part of the records of the
proceedings. Failure to give mailed notice to individual property owners or defects in the notice
shall not invalidate the proceedings, provided a bone fide attempt to comply with the provisions
of this section has been made.
(3) Prepare a staff report analyzing the request under city code requirements for
consideration by the Planning Commission.
(4) After considering the application, the staff report, testimony from the applicant and
the public and any other relevant information; the Planning Commission shall recommend
Ordinance 08-032
Council; 10-19-10
— approval, approval with conditions, or denial. The recommendation of the Planning Commission
shall be forwarded to the City Council as soon as practical, and in a manner which allows the
City Council time to make a final determination on the request within the state mandated
timelines for reviewing land use applications.
(F) City Council action. 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 make findings on conformance to the IUP general standards, specify the term of
the interim use permit, the event(s), circumstances or conditions that shall cause termination, and
any conditions of approval.
(G) Termination. An interim use shall terminate on the happening of any of the following
events, whichever occurs first:
(1) The date or event 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 nonconforming;
or
(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.
(H) Suspension and revocation. The City Council may suspend or revoke an interim use
permit upon finding that the activities allowed under the permit adversely affect the public
health, safety, or welfare in ways not anticipated during approval of the permit. 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 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, at the City
Council's option, be before the City Council or in accordance with M.S. §§ 14.57 to 14.60, but
informal disposition of a contested case by stipulation, pursuant to M.S. § 14.59, may provide an
adequate basis for imposition of sanctions.
(I) Amendments. All requested amendments to an existing interim use permit shall be
processed in the same manner as a new application.
(J) Renewal. The following process may be used to renew an active interim use permit that
is set to expire. Terminated or suspended interim use permits cannot be renewed unless the City
Administrator has received and approved a one-time 30 day extension to continue processing the
renewal application.
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10-19-10
(1) Application. Application requirements for renewal of an existing interim use permit
be the same as for a new application.
(2) Review. Upon receiving a completed application for an interim use permit renewal,
the Zoning Administrator shall send notice of the requested renewal to all property owners
within 350 feet of the parcel(s) containing the interim use. If any objections are raised within 10
days of the mailed notice, the application shall be processed in the manner of a new application.
If no objections are raised, the Zoning Administrator shall prepare a resolution of approval
outlining the conditions and stipulations of the renewal for consideration by the City Council.
Council —at its discretion —may approve or deny the request with findings. Denial of a renewal
request does not constitute termination of the existing interim use permit.
SECTION 3. Effective Date
This ordinance shall become effective immediately upon adoption and publication in the official
newspaper of the City of Lake Elmo.
SECTION 4. Adoption Date
This Qrdinance No. 08-032 was adopted on this 19a' day of October 2010, by a vote of I Ayes
and Nays.
Mayor Dean A. Johnston
ATTEST:
Bruce Messelt
City Administrator
r ra
This Ordinance No 08-032 was published on the day of(A 2014.
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