7J Zoning Code Amendment for B2 Interim Use

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County Road E(the former Holiday Inn). The applicant is proposing to rr�aintain ownership of the property while �easing it to Northwestern College to use as institutional housing, more commonly called student dormitories, for a period not to exceed three years. This arrangement requires an Interim llse Pennit, which is similar in �ature �o a Conditional Use Permit; however, an Interim Use Permit includes an expiration date for when the interim use must end. State Statute does not provide for the placement of expiration dates on conditional uses, therefore, an Inte�rr� Use Permit is required to grant such a req�est. As part of this request, Davidson Companies has also submitted an application requesting an Interir� Use Perrr3it to operate institutional housing in the B-2 District (See: PC# OS-OIO}. That application is contingent upon approval by the City Council of the addition of the Interim Use Permit process in the Zoning Code and institutional hoUsing as an interi�n use in �he B-2 District. Interim Use Perm�it Process The interim tase peimit process is very siani�ar to a conditional use permit pracess. An interixra z�s� is penmitted with special review from the City based on specifc criteria and conditions can be placed on the irzCerirn use. A unique feature of the interim use permit is that an expiration date can be set that will end the permit on a set date. As noted above, State Statute do no� provide for a City to impose time limits on conditional use permits_ Minn. Stat. � 462.3597, grants cities the authority to include interim use permits in the zoning code and place conditions and termination dates on them. In order to issue an interim use permit, a city's zoning code mUst autha�ize the use and provide for an evaluation proeess_ The city has a right to hold a financial surety to ensure that the use wi]] be terminated by the set date and to use that surety to terminate the use if the property owner has not done so. In addition, the proposed code has a regulation that a property can onIy be issued an interim use perrr3it foz' a particular use once, and the maxiinuin time Ii�nit for an inter�m use is three years; therefore, it would not be possible for a use to renew the permit heyond three years. The interim use permit process is an additional tool a city can utilize to achieve stated goals a�d implement the Comprehensive Plan. 4nce the process is in plaee, a city can determine what uses would be appropriate interim uses and in which districts. Staff has proposed additions to the zoning code that would author�ze interirn use permits_ In addition, Staif is proposis�g criteria, against which interim use permik applicants would be evaluatec� (Attachment B, Pages 8-] 0). The City Attorney �as reviewed the proposed code language, and his comments havE been incorporated into the prQposed code addition. Ci�j� of A��den Hills City Council Meeting for March 31, 2008 I;Melro-inet_rrs Im�des�ki(1slPlm�nrngl plam�ing CasesV2(1081(18-009 Zo��i�eg Code Addition - Inip�zrm Use Permit (PC Rpp��ai�edJ1033I48 - CC Repo�r - lUP Zo�u�r� rlmendrnc i�i.doc Page 2 of 5