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HomeMy WebLinkAbout7C Motion to Approve Ordinance 2008-003- �i ' EN HILLS ` city cour�cil Agenda Packet Item: Motion to Approve Ordinar�ce 2008-003 in Planning Case OS-009 to Add the Interim Use Pernzit Process in Section 1355.04, Subd. 7, in the Arden Hills Zoning Cade as ProposEd in the April 14, 2008, Planning Case Report Motion to Approve Ordinance 2008-004 in Planning Case 08-009 to Add Institutional Housing as an Interim Use in the B-2 District in Sect�on 1320.085, Subd. 4 and Subd. 11, in the Arden Hills Zoning Code as Proposed in the Apri1 14, 2008, Planning Case Report Moiion to Approve Publishing a Surnmary af Ordinance 2d08-003 to Add the Interim Use Pernlit Process to the City Zoning Code and Ordinance 2008-004 to Add Tnstitutional Housing as an Interim Use in the B-2 District a� Permitted by Minnesota Sta�e Statute 412.191, Subd. 4 I April 14, 2008 � ��,�z,z,s Request for Council Action Prepared By: Meagan Beekman Dep#.: Gommunity DeveEqpment _. , ,..., ----- _. Council Mtg. Date_ 0474-08 Bucfgeted Amount. -- _ _ _ _ Fina3 Action I�eeded By: Actual Amount -- ___ _ _ _ Funding Source: ___ _ -- . L;o�cit Aclio���gt�esN . ., .. .. .0 ___ . . _ _. . A. Motion to Approve Ordinance 2D08-463 in Planning Case 08-009 to Add fhe Interim Use Perrr►it Process in Section 1355.D4, Subd. 7, in the', Arden Nilis Zoning Cade as Proposed in the April 14, 2008, Planning Case Report. ' 'B. Motion to Approve Ordinance 2UD8-DQ4 in PEanning Case 08-009 to Add Institutional Housing as an Interim Use in the B-2 Distric# in'. 5ection 1324.085, Subd. 4 and 5ubd.11, in the Arden Hills Zoning Code as Proposed in t6e April 14, 2008, Pianning Case Report. ' '.C. Moiion to Approve Pub4ishing a Summary of �rdinance 2008-003 to Add the Interim Use Permit Process to the Cfty Zoning Code and', 'Ardinanc9 2048-044 to Add Institutional Hpusing as an lnteCim Use in the B-2 DistricE as Permitted by Nl�nnesota State Statu[e 412'F9i Subd 4.' __ _ . _. _ _ _ _ _ _ _ _.._. �ta� F�eco�si3nendatt(i�t ,...�. , ��m,.�. ,,M..:_ _ - Approve Ordinance 2008-[103 in Planning Case 08-009 to Add the fnYerim Use Permit Process in 5ection 1355.04, Subd. 7, in the Arden Hills'. 'Zoning Code as Proposed in the Apri[ 14, 2008, Planning Case Report. ', Approve Ordinance 2008-D04 in PEanning Case 08-009 to Add Instifutional Flousing as an Enterim Use irt the B-2 District in Sectiort 132D.085,', Subd. 4 and Subd. 11, in the Arden Hills Zoning Code as Proposed in the April 14, 200$, Planning Case Report. ' °,Approve Publishing a 5ummary of Ordisance 2008-Ofl3 to AdcE the lRterim Use Permit Process to the City Zoning Code and Ordinance 2Dp8-', 004 to Ac3d InstEtutional Housing as an Intevim Use in the B 2 Districf as Petm�tted by Minnesota State Stafute 412.f91 Subd 4. ' _... _. _.... _ Ad�iso Gvinr��ss�qnllc�on :- _ __�irrrss�n e::_ _�. ..�_ ;�at�,... .: , _ � _� ._ ._ ._ _. W __ � .. ,. r .n. - - - - - ,. -�.��.-�_ _._ . � :_. . . � , .._ Planning: 03-05-08 `Approval ', _ _ _ _. . _ _ _ _ _ _ _ __ __ __ _ _ _ _ _ _ PTRC_ ' _ _...... .. _. ...... . ; _ _ _ _ _ _ __ _'. �uppnr��ngTpo�um��i�sM j�ttachecl) : _ _. _. ' X', MemolLetter: Aprit 14, 2a08, Memo to the City Council '_ --- --- - __ _- _ _ _ _ _ _ _ ' Resaluiion No.: _. X 'Ardinance No._ 200&UO3; 2068-OU4 _;... ',Engineering F�ecommendatfon: ---- --- - -- -- _...._,-- _. ... . .. . _ .- -.._ _ ..... . .... .. . 'Attomey Recommendation: ' X 'Other: _ . A - Ordinance 2008-003 _ . _ _ _ __ __ __ B -Ordinance 2068-004 C - drdinance Summaries Please refer to the March 3i, 2008, Council Packet for the foflowing attachments: A- Draft Plaoning Commission Meeting NEinutes ' B- Proposed Zoning Ordinance 1355: Administration and C'rocedures, "Black-fined" C- Proposed Zoning Ordinance 1320: District Provisions, "Black-lined" ' D- Proposed Appendix A- Procedures ' E- Ordinance 2008-403 and 2008-004, and Summaries E- Planning Case Repart 48-009 to the Planning Commission _ ..._ �inaTtciallr�pli�t�arls':,: ; + None. _ Adiri�n�stratc3il5taff eorr�ments, -. �.:.. __... _....... _ . :. .. None. � EN HILLS MEM�RANDUM DATE: April 14, 2Q08 TO: Mayor & City Counci] FROM: Meagan Beekman, Planner I �""` �arnes Lehnhoff, City Planner SUSJECT: Planning Case #08-009 Zoning Code Amtenc�nnent Add I�terim Use Permi� Process to the Zoniug Code Add Institutional Housing as an Interim Use in #he B-2 District City of Arden Hills Requested Action 1. Motion to Ap}�rove Qrdinance 2008-003 in Planning Case 08-009 �o Add the lnteri�n Use Permit Process in Section 1355.Q4, Suhd. 7, in the Arden Hills Zaning Code as Proposed in the Ap�l l4, 2008, Planning Case Report. 2. Motion to Approve Ordinance 200&-004 in Planning Case 08-003 to Add Institutional Housing as an Interim Use in the B-2 District in Section 1320.485, Subd. 4 and Subd. lI, in the Arden Hills Zoning Code as Proposed in the ApriI I4, 2008, Planning Case Report. 3. Mation to Approve Publishing a Suminary of Ordinance 2008-003 to Add the Interim Use Permit Process to the City Zoning Code and Ordinance 2008-004 to Add Institutional Housing as an Interim Use in the B-2 District as Permitted by Minnesata State Statute 412.191 Subd 4. According ta the City Attorney, recerat anraendaa�ents to State Statute now require a majority vote in order to approve zoning code ordinance changes, as well as rezoning within the City_ While the Arden Hills Zoning Code regulates that zoning code changes require a 4/5 majority vote, State Statute does supersede City regulations and the Attor-ney General has deterrnined that citiEs cannot be mare restrictive in this matter. City afr�rden Hills City Council Meeting fot-.4pr�i1 14, 2008 1YMel�o-inel.us lu�derrlriflslPlanninglPlannirrg CasesV2(10$108-009 Zonrng Code Additio�r - Gue�um Use Permil(PC Apprnredjl041408 - CC Repor! - IUP Loieing Amendment.rloc Page 1 of S Back�round Tl�e Davidson Campanies has submi�ted ar� application to add the Inter�m Use Permit process to the City's Zoning Code and to add instztutional housing as an in#eritn �se within the B-2 District. The Davidson Companies has entered into a purchase ageement for the property located at ] 20l County Road E{the former Holiday Inn}. The app�icant is proposing to maintain vwnership of the property while leasing it to Northwestern College to use as institutional housing, more commonly calleci studezat dozmitories, for a period not to exceed three years. This arrarigement requires an Interim Use Permit, which is similar in nature to a Conditional Use Permit; however, an Interim Use Permit inc�udes an expiration date for when the interim use must end. State Statute does not provide for the placement of expiration dates on conditiona� uses, therefore, an Interi:rra Use Permit is required to grant such a request. As part of this reques#, Davidson Companies has also submitted an application requesting an Interim Use Permit to operate institt�tional housing in the B-2 District (See: PC# 08-014). That application is contingent upon appraval by the City CounciI of the addition oi the Interim Use Permit process in the Zoning Code and institutiona3 housing as an interim use in the B-2 District. Interim Use Permit Process The interim use permit process is very similar �o a canditional use permit proeess. An interzm use is permitted with specia� review from the City based on specific criteria and conditions can be placed on the interim use. A unique feahtre of the interim use permit is that an expiration date can be set t�at will end the permit on a set date. As noted above, State Statute do not provide for a City to impose tirne lirnits or� conc�itionaI use permits. Minn. Stat. § 4b2.3597, grants cities the author�ty to include inter�m use permits in t�e zoning code and place conditions and termina�ion dates an them. In order to issue a� interim use permit, a city's zoning code mttst authorize the use and provide for an evaluation process. The city has a right to hold a�nancial surety to ensure that the use will be tertninated by the set date and to use that surety to terminate the use if the propezty owner has not done so. In addition, the proposed code has a regulation that a property can only be issued an interim use permit for a particular use once, and the maxirnum tirr�e limii for an tnterim use is three years; therefare, it wo�ld not be possib�e for a use to renew the permit beyond three years. The in�erim use permit process is an additional tooI a city can utilize to achieve stated goais and implement ihe Comprehensive Plan. Once the process is in place, a city can determine what uses would be appropriate in�terinr� uses and in which districts. Staff has proposed additions to the zoning code that wo�ld authorize interim use permits. In addition, SEaff is praposing criteria, against whieh interim use permit applica�ts would be Ciry of.4�•den Hills Ciry Council Meeting, for 14pril 14, 2008 IlMetro-inel.uslar�fenlrillslPlanrriirglF'larv7ing CasesV10081(18-0(19 Zoning Code Addilion - Inlerum Use Pennit (PC Approved}Y091408 - CC Repor! - lUN Zonrng Aine�rdrner�t.doc Page 2 oF S eva�uated (Attachment B, Pages 5-10). The Ciiy Attorney has revaewed the proposed code language, and his co:rnments have been incorporated into the proposed code addition. Institutional Housin� in the S-2: General Business District Th� applicant is requesting "Institutional Housing" be added as an interim use in the B-2: General Business District Zone. A fu11 list of permitted, conditional, and accessory uses in �he B-2 Zone is in Attachment C(Page 9). The B-2 Zone genez-ally encoznpasses those properties along County Road E between Lexington Avenue and Highway 51 /Snelling Avenue. Section l 320A4 S�abd 1 states that the purpose of the B-2: General Business Disfirict is: A_ To goup compatible retail and service business uses which will tend to draw trade that is naturally interehangeable and so promotes business prosperity. S. To pz-avide an a�equate supply of businesses and professional service areas to �neet the needs of the residents. C. To promote a high quality of total comrnercial development and design that produces a positive �isual image_ D. To mini�nize the effects of traffic congestion, noise, odar, glare and similar safety problems C�rrently, the Zoning 4rdinance permits institutional housing as a conditional use in al� residentiai districts in the City and the CC: Civie Center District_ Institutiona� Housing is defined in Seetion I3a5_04 Subd. SO of the Zoning �rdinance as: Institutional housing. Student or faculty housing.for four (4) or rrcore persons on rental basis, rest ho�ne, hospital, sanatoriurrc, nursing home, convalescent home, orphan home. The applicant has submitted a letter expIaining the reasans for the proposed Zoning Ordinance addition. 'Fhe City does not have a specific set of review criteria for evaluating a Zoning Ordinance addition; however, the primary issues to consider include (but are not lizxzkted to): 1. Is the proposed use compatible with the other uses in the B-2 Zone? 2. How will the proposed use affEct the S-2 Zone? When reviewing a Zoning Ordinance amendment or addition, it is iz�aportant to consider how the change would affect the entire zone instead af ane specific property. If approved as proposed, institutional housing could, in tneory, be an interim use on any property in the B-2 Zone. However, the proposed ordinance requires that in order for an inierim use permit to be approved, City ofhtrden Hills City Council Meeting for �Ipri114, 2008 IVMetro-inet.uslardenhillslPlaniringlPlan�Tin,; Cuses12008108-00) Zoning Code rlddition - LrFe�um Use Pejmit {PCApproredjl(J41408 - CC Repart - IUP Zoning ,4rnendment.dac Page 3 oi 5 each room that is used for institutionak housing would have to have its own bathroom. This regulation would se�erely limit the existing build�ngs that could be reasonably suitable for short- tertn use as institutionai housing. The stated purpose of the B-2 Zoning Distriet is retail focused; therefore, it is impartant to note how instihztionaI housing would impact retail uses within the district. Overall, institutional housing is unlikely to have a negative impact on the S-2 Zone. Traf�c patterns would typically peak in the mornirzg and early evening, which is compatible r�vith a retail setting, and regulations requiring a transit option to and frorn campus cat� be included in the intertm use permit review. In addition, retail business could potentially benefit from proximity �a residential uses. While there may not be a significant negative impact from institutional housing, there is the potential �ar institutional housing to affect traffic patterns. In addition, parking requa�ements for institutional hausing differ from that of retail. The interim use permit process is designed to ensure that parking, traffc movement, and other potential negative impacts of an interim use are mitigated as much as practical. It skaould also be noted that institutionaI housing is a conditional use in other �ones whe:re it is alIowed, and that the interim use review process would be simalar to that of a conditional use permit. Staff is proposing additions to the Zonang Code that would set speci�c criteria %r evaluating applications requesting az� interim use permit for inst3tutional housing in the B-2 District {Attachment C, Page 1$}. Recominendation The Planning Commission voted unanimously to reeommend approval (b-0} to add the Interim Use Permit process and add Institutional Housing as an in#erim use in the B-2 District to the Zozaing Code. Options 1. Apprave the proposal as s�bmitted. 2. Approve the proposal with conditions_ 3. Deny the application with reasons foz- denial. If the City denies the peti�ioners request, ".. _it must state in wr�ting the reasons for the denial at the time it dez�ies the request." 4. Table far additianal information. Deadline for A enc Actions The City of Arden Hills received the completed application for this request on February 22, 2008. Pursuant to Minnesota State Statue, the City must act on this request by April 22, 200$ (60 days), uniess the city pravides the petitioner with written reasons for an additional 60 day review City ofArden Hills City Council Meeting for f4pril 14, 2008 11Metro-inet.usiardenhillslPlanninglPlanning Cases12008108-0(197oning Code t�ddition - Inteium L'se Permi! (PC Approred)104I408 - CC Repa�1- IU'P Zoning .4mer�dment.doc Page 4 of 5 period. 7`12e City �ay, with the consent of the applicant, extend the review period beyond the initiaT 120 days. Attachments A -- Ordanance 2008-003 B — Ordinance 2008-QQ4 C — Ordinance Summaries Please refer to the March 31, 2008, Council Packet for the following attachments: A— Draft Planning Commission Meeting Minutes B— Proposed Zoning Ordinance l 355: Adrninistration and Pracedures, "Black-lined" C— Propo�ed Zoning Ordinance 1320: District Pz-ovisions, "Black-lined" D— Proposed Appendix A— Proceciures E— Ord�nance 2008-003, 2008-004, and Summaries F-- Planning Case Report OS-009 to the Planning Commission City ofArden Hills City Councal Meeting forApril 14, 2008 IlMetro-iiTel.uslardenlii11s1PlarrninglPlarrning Cases12008108-009 Zoning Code Addition - Inferum Use Permit (PCtlpproredJl091408 - CC Iteport - IUA7onnig Amerrdmenl.doc Page 5 of 5 Attachment Ordinance 2ooS-oo3 April 14, 2008, City Council Meeting City of Arden HiIls Chapter 13 Zoning Code CYTY OF ARDEN HILLS RAMSEY C�UNTY STATE OF MINNESOTA ORDINANCE NO. 2U08-003 AN ORDxNANCE ADDING THE YNTERIM USE PERMIT PROCESS TO THE C�TY'� ZONING CODE T�e Arden Hills City Council hereby ordains that Chapter 13, Section 1355, of the Arden Hills City Code and its subdivisions are hereby amended and repealed to read as follows: Section 1355 - Administration anc� P�-ocedures 1355.01 Procedure for Public Hearings. Subd.l Actions Requiring Public Hearings, Review of certain land use procedures prescribed by this Zoning Code requires that a public hearing be held priox to action by the City. These procedure� incl�de: A. Amendments to the Zoning Code regulation.s; B. Rezoning of land from one district to another; C. Conditional Use Pe�its for Conditional Principal or Conditional Accessory Uses; D, Plan:n.ed Unit Developments; E. Comprehensive Plan Amendments; F. Interim Use Permits. S�bd. 2 Actions Where Public Hearings May be Required. Review of certain land use procedures described herein, allow th.e City to hold public hearings whenever it determines that adjoining property owners ar other residents should be advised of a specific proposai. These procedures include: A. Variances B. Site Plan Reviews April 14, 2008 Page l. of 13 City of Arden Hills Chapter 13 Zoning Code Subd. 3 Notice of Public Hearing. A. Published Notice. A notice of the time, place and purpose of Public Hearing shall be published in the Of�czal �ewspape:r at least ten (10) days prior to the day of the Hearing. B. Mailed Notice. Rezoning of land, Conditional Use Permits, Interim Use Permits, and Planned Unit Developinen�ts, shall require mailed notice, at least ten (10} days before ihe day of hearing, to each owner of property sztuated wholly ar partially within three hundred fifty (354) feet of the boundary of the Property on which the application requiring the Public Hearing is situated. The applicant shall be xesponsible for providing an accura#e list of owners, property identification numbers, addresses and �hone numbers to the Zoning Adminis�rator as certified by Ramsey County or a titl� company, printed on address labels. The City shall be responsible for mailing �he notices to the land owners. C. Referral to Others. The administrator shall also refer copies of the application and required documentation in support thereaf ta other City o�ficials who have an interest therein in accordance with the required adminisirative distribution schedule. D. Record of Notice. A copy of the notice and a lisf of the nazxaes and addresses to which the notice was sent shall be attested to by the adminisirator and shall be made a part of the records of the proceedings. E. Failure of Written Notice. The failure to give mailed notice to individual property owners shall not invalidate the proceedings, provided a bona fide aitempt to comply wiih this subdivision has been made. Subd. 4 Public Hearing by Planning Cornmission. Within sixty (60} days after the date of receipt of the cornpleted application from the landowner, by the zoning administrator or the City Council's initiation of the proceedings, the Planning Commission shall hold a public hearing and make a written report to the Council of its findings, conclusions and recorn�nendations, unless the Commission, upon wnitten request of the applicant, grants a time extension. The applicant or his represeniative sk�all be given the opportunity to appear before the Commission to answer questions or give explanations regarding the proposaL The Comrnission may adjourn the public hearing to its next me�ting, either regular or special, and may continue its study and consideration of the application at meetings subsequent to the meeting at which the public hearing was initially held. Upon completion of the public hearing and its study and consideration of the applicaiion, the Comrnission shall subrnit its writ�en report, containing its findings, conclusions, and recom�nendatio�s as to the application, to the Council. April 14, 2008 Page 2 of 13 _ City af Arden Hills C�a�ter 13 Zoning Code Snbd.5 Additional Hearings by Council. The Council may hold additional heaxings within thirty (30) days after the receipt of the report from the Commission. If the Commission fails to make a report within six#y (6d) days after receipt of the application, then the Council shall hold a public hearing within thir�y (3Q) days after the expiration of said sixty (60) day period, unless the Council, upon receipt of a wzitten req�est from the applicant, grants az� extension of time. Failure to receive a report from the Commission, as herein provid�d, shall not invalidate the proceedings or actions of the Council. Subd. 6 Action by Council. The Council must ta1�e action on the application waihin sixty (60} days foilowing the repart to it by the Cornmission or following a hearing held by the Council. Council action may include approval, denial or referral back to the Comrz�:ission. Council action rnay include approval in whole or in part, tabling for a speci�ied period of time, or referral back to the Commission for its further consideration and report to the Council within a speciiied period of tizne not to exceed sixty (60} days from the date of such referral. The applicant sha11 be notified in writing af the Council's action. 1355.02 Procedure for Actions Not Requiring Public Hearings. Requests for Variances and Site Plan Reviews do not requzre that a public hearing be held but the Planning Comrr�ission may detertnine that adjoining property owners shou�d be invited to theiz rneeting ta offer responses to the application, prior to action by the City. Subd. 1 Placing Requ�st on Planning Commission Agenda. Within sixty (60} days a�tez- the date of receipt af the application, the Zoz�ing Administrator shall place ihe request on the Pla�ning Commission Agenda. Subd.2 Referral to Others. The admznistrator shall also refer copies of the application and required documen�ation in support thereof to other City officials who have an interest therein in accordance wzth the required administrative distribution schedule. Subd. 3 Planning Cornmission Consideration. The applicant or his representative shall be given the opportunity to appear before the Commission to answer questions or give explanations regarding the proposal. The Carnmission may adjourn the discussion to its next meeting, either regular or speciai, and may continue its study and consideration of the a�plication at meetings subsequez�t to ihe meeting at which the initial discussion occ�rred. Upon completion of its study and co�sideration of the application, the Commissian shall submii its written report, containing iis finding, conclusions, and recommendations to the Council and shall be placed on the next Council agenda after the application has been considezed by the Commission. At such meeting the Counc�l shall consider the report of the Cammission. tnereon. Subd.4 Council Consideration. In considering applications, the Couz�ci� shall consider the advice and recommendations of �he Commission and rnay approve the request if it determines that the request is permissible in accordance with the city April I4, 2008 Page 3 of 13 City of Arden Hills Cl�apter l3 Zoning Code 1355.03 1355.04 standards. Such applications may be denied by action of the Council, and such action shall constitute a findzng and determinatian that the conditions required for approvai do not exist. Subd.S Action by Council. The Council �nust take action on the application within sixty (60} days follor�ving the report to it by the Commission or following a hearing (optional) held by the Council. Council action may include approval, denial or referral back to the Commission. Application Requirements for All Land Use Procedures. Subd. 1 Application. The applicant for City review of any land use procedu�e requiring action by the Planning Coinmission and City Council shall fi11 out and submit to the zoning admini�tx-ator, the compleied applicatian form, and a11 required documentation. Subd. 2 Documentation. Forms describir�g the required documentation £or each procedure required herein are included as Appendix A, Procedure Manuai and are available from the zoning administrator. Procedural Requireinents for Specific Applications. Subd. l Zoning Code Amendnnent. Subd. 2 A. Public Hearing. A public nEaring is required before action by the Council. B. Action to Approve. A 4/5 vote of the full Council is required fvr action to a�nend the Zoning Code. Tn ihe event an application for amendment is approved, an appropriate amending ordinance shall be executed and published. Rezpnings. A. Consistency with Comprehensave Plan. If a proposed rezoning is not consistent with the Arden Hills Camprehensive Plan the applicant sha11 apply �or a Cornprehensive Plan Amendment concurrently with the application for rezoning. Written and graphic documentation sha11 be provided by the applicaa�i, showing why the proposed amendmen# is superior to the existing Plan and changes that ha�ve occ�.u-red that make the Amendment appropriate. B. Public Hearing. A pub�zc hearing is required for a Comprehensive Plan Amendment and for the rezoning. C. Action to Approve. A�/5 vote of the fu�l Council is zequired for action to rezone property fram one district ia az�other and for a Comprehensive April 14, 2008 Page4of13 City o�Arden Hills Chapter 13 Zoning Code Plan Amendment. In tk�e event an application to rezone is approved, an appropriate amending ordinance shall be executed and published. Rezoning amendments shall describe the property rezaned by its legal desc�ption, and shall be indicated on the official zoning rnap, but it sha11 not be necessary to re-puhlzsh sazd zoning map to effectuate �he rezoning amendment. D. Business and Industrial District Rezoning. Before any new area is rezoned to a business or industrial classification, the pz-operty must be located adjacent to an arteria� or collector road as shown o�n the Comprehensive Developznent Plan, or the rezoning wi11 be an extension of an existing husiness or industrial district a,�d in conformance with the intent of the Comprehensive Plan. Subd. 3 Conditianal Use Perxnits. E. Public Hearing. A public hearing is required. F. Actzon to Approve. Action to approve a conditional use permit requires a majority vate of the fu11 Council and must include a determination that the facts and czrcumstances of the particulax case warrant granting the permit. The Council shall consider the iactual �ndings, conclusions and recammendations o� the Planning Commission, as contained in its report, and both shall consider the effect of the proposed use upon the health, saFety, convenience and general welfare of the owners and occupanis of surrounding land, in particular, and the community as a whole, in general, including but not lim.ited to the following factors: existing and aniicipated traffic and parking conditio�s; noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or solid waste, and other nuisance characteristics; drainage; population density; visual and land use compatibility with uses and stx-uctures on s�rrounding land; adj oining Iand values; park dedications where applicable, and tne orderly development o£ the neighborhood and the city within the general purpose and intent of this Zoning Code and the Comprehensive Development P1an for the Ciiy. G. linposrtion of Canditions. In the granting of a conditio�al use permit, the Council may impose such conditions, in addition to the general conditions and requirements of this Code to which every canditional use permit shall be subj ect, as it deems necessary to serve and protect the health, safety, convenience and general rx�elfare of the comrr�.unity. Such canditions may include, among other things, a time Iimit within which the conditional use or a portion thereof, or improvements in connection therewith are to be esiablished, constructed, completed or commenced, and a requirernent that the person or �rm to whom the conditional use perzx�.it has been g�anted deposit with the City either cash or a perforn�ance bond in a sum equal to one hundred twen�y five {125) percent of the April 14, 2008 Page 5 of 13 __ .. _ _ _ __ City of Arden Hills Chapier 13 Zoniz�g Code estimated cost, as deterrriined by the City Engineer, of improvements to be constructed in accordance vaith the permit to insure completion ther�of within the time limit specified in the permit. Tne conditions so imposed by the Council shall be specifically sta#ed in the permit and maybe subject to periodic review as dete�ined by the Council. The violation of any special or general condition set forth in a conditional use permit shall constitute a violation of this Code. H. Permit for Particular Siie. A conditional use permit is granted for a specific use at a specific site, not for a person or firm. Z. Designated Uses. Uses for which conditional use permits are required and the zoning districts in which they are allowed are designated in the land use chart as set forth in Section 1320 hereof. No building permit shall be issued for any use in a zoning district which requires the issuance of a conditional use pern�it before it can be located in the particuiar district, until after the conditional use permit has been granted by the Council. J. Discontinuance of a Conditional Use. I� ihe use for which any conditional use permit has been granted has ceased or has been discontinued for a period of ninety (90) consecutive days, the permit shall automaticaliy expire and become void at the end of sucn ninety-day period. Subd.4 Variances. A. Public Hearing. A public hearing is not required but neighboring property owners shall be notified. B. Action to Approve. A majority vote of the Councit is required for action to grant a variance. C. Intent and Purpose. Variances fro�n the literal provisions of the Zoning Code may be granted in instances where the strict enforcement would cause undue hardship because of circumstances unique to ihe individual property under consideration. Variances shall only be granted when it is demonsirated that such actions will be in keeping with the spirit and int�nt of the Code. "Undue hardship," as used in connection with the granting o#' a variance, means ihe property in question cannot be put to a reasonable use under conditions permitted by the Zoning Code, the plight of the landowner zs due to circumstances unique to the property not created by the Iandowner, and the variance, if granted, wi11 not al#er the essential character of the locality. Economic consideratians alone sha11 not constitute an undue hardship if reasonable use �or the property exists under the terms of the Code. Ap�il 14, 2008 Page 6 of 13 ._ _....__... City o� Arden HiIls Chapter 13 Zoning Code D. Variance Restxxctions. In no case shall the granting oi a variance impair the health, safety, comfort and general vcreliare of the public, nor wi11 it be contrary to the intent and purpose of the Comprehensive Plan, the official map, or this or any other ardinan.ce of the City. Variances to allow a use that is not perrnitted in the district shall not be granted. E. Allowable Variances. Variaxxces normally relate to the dimensional provisions of the ardinances such as, but not liznited to, building setback lines, lot area requirements and the like but may also relaie to other requirer�enis, regulations or procedures. F. Conditions to Insure Compliance. The Council may impose conditions in the granting of variances to insure compliance and to protect adjaceni praperties as well as the health, safety, coznfort, and general �,�relfare of the public. G. Height Variances. Variance to heiglit of structure may be granted in accoxdance with Chapter 1325.03 Subd 3. Subd. 5 Site �lan Review. A. Public Hearing. A public hearing is not required but neighboring property o�ners may be notified. B. Action to Approve. A majority vote of the Council is required �or approval of a site plan. C. Building Permit. The issuance of a perrnit for a new building or significant site modification for a perrnittec� or established use within a Multiple Dwelling Zoning Distric� or any business ar industrial zoning district shall require site plan approval by the City according to the procedure defined in Chapter I355.04. Subd. b Plar�ed Unit Development (PUD). A. Two or Three Stage Process. The PUD application and review procedure involves a Concept Plan (optional), a Master Plan Stage and a k'inal Plan Stage. B. Public Hearing. A public hearing is required at the Master Plan Stage. The public hearing may be combined with the public hearing for a zoning district change if a zoning distr�ct change is required and For a prelitninary plat if a preliminary plat of the PUD property is proposed. C. Action to Approve. A 4/5 vote of the full Cauncil is required for appz-oval of the Master Plan. Apri1 14, 2008 Page7of13 City of:Arden Hiils Chapter ].3 Zoning Code D. Effect of Concep� Plan Review. The applicant for a PUD Concept Plan which has been reviewed by the Council has no limitation on the period of time in which to apply for Master Plan approval. E. Effect of PUD Master Plan Approval. The applicant for a PUD Master Plan �hich has been approved by the Council shall apply %r a PUD Final Plan or the first stage of the Master Plan within six (6} months, unless some other phasing plan has been approved by the Council or unless a written request for a tirr�e extension has been approved by the Council. F. Final plan. The applicant shall submit a Final Plan far all elements of t�e Master Plan that are to be developed imrninently. A PUD Final Plan shall be submitted for each stage of development/construction. G. Final Plan Procedure. The Site Plan Review process i� Appendix A, Procedure Manual, and the Site Plan Review procedure in Chapter 1355.04 Subd 5 shall be followed. �ubd. 7 Interim Use Permits. A. Purpose and Intent. The purpose and intent of allowing interim uses is: 1. To a11ow a use that is presently acceptable, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced by a permitted or conditional u�e allowed within the respective zoning disirict. 2. To a1low a us� which is reflec#ive of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided thai said use maintains hatmony and compatibility with surrounding uses and is in keeping with the archifectural character and design standards of existing uses and development. B. Public Hearing. A public hearing zs xequired. C. Action to A�prove. Action to approve an interim use perrnit requires a ax�.ajority vote of the full Council and must include a determination that the facts and circumstances of the particular case wazxant granting the permit. D. Permit Evaluation. When reviewing #he interim use permii applicatzon, the Council shall consider the factual �ndings, ability to meet the special requirements of the interim use, and the conclusions and recommendations o� the Planning Commission. An interim use permit may be granted only if the City Council finds the %llowing: April 14, 2008 Page $ of 13 City of Arden Hills Chapter l.3 Zoning Code 1. The use is allovved as an zntea�m use in the underlying zoning district and conforms io the zoning regulations; 2. Permissian ofthe interim use will not impose additional costs on the public if it is necessary For �he public to take the property in the future; 3. The use will not adversely iacxzpact nearby properties through nuisance, noise, d�st, glare, or unsightliness, and wil� not otherwise adversely impact the health, sa%ty, and welfare of the community; 4. The use will not advexsely i�pact tra£�c a�d parking; 5. The use wi11 not adversely impact ixnplementation of the Comprehensive Plan; 6. The date or event that rraill terminate the use is identified with certainty; 7. The applicant has signed a consent agreement agreeing that the applicant, owner, operator, ienant, and/or user has no entitlement to an extension of the Tnterirn Use Per�nit; 8. The user agrees to alI conditions that the City Council deerns appropriate for permission of the use including the requirement of appropriate financial surety to cover the cost of removing the intez:irn use and any interim structures upon expiration of the interim use permii; 9. There are no delinquent property taxes, special assessments, interest, or City utility fees due upon the subject parcel; 10. The tez-tzx of th.e interim use does not exceed three (3) years; 11. The property k�as not been a recipient of a previous interim use permit. A property that has received an interirn use permit for an interim use listed in 1320.05, Land Use Chart, shall not be eligible fo� another interim use permit of the sarne use; and, 12. Any special requirements in Section 1320 for a paz�icular interim use are met. E. Imposition of Conditions. In the giraaating of an interim use permit, the Council may impose such conditions, in addition to the gen.eral conditions and rec�uirements of this Code to which every interizxi use permit shall be subject, as it deems necessary to serve and protect the health, safety, convenience and general welfare of the cotxaznunity. April 14, 2008 Page 9 of 13 City of Arden Hills Chapter 13 Zoning Code F. Permit �or Particulaz- Site. An interim use permit is granted for a speci�c use at a specific site, not for a person or firm. G. Designated Uses. Uses for which an interim use permits are required anci the zaning districts in which they are allowed are designated in the land use chart as set forth in Section 1320 hezeof No building permit shall be issued for an interim use until after the interim use pertx�it has been granted by the Council. H. Termination. An interim use shali terminaie on the occurrence of any aithe %llowing events, whichever occurs first: ]. The date stated on the permit; 2. Upon violation of conditians under which the permit was issued; 3. Upon change in the City's zoning regulations which renders the use nonconforming; 4. The redevelopment of the use and property upon which it is located to a pernutted or conditional use as allowed within the underlying zoning district; 5. �f the use for vcrhich the interim use permit has been granted has ceased or has been dzscontinued for a period of ninety (90} consecutive days, the permit shall automatically expire and become void at �the end of such ninety-day period. Y. 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 publzc health, safety, or welfare in ways not anticipated during approval of ihe permit. A suspension or revocation of an interim use pertnii shall be preceded by written notice to the permittee and a hearing. The notice shall provide at least ten (10) days notice of the tim� and place of the hearing and shall state the nature of the vio�ation(s). The notice shall be mailed to the permittee at the most address listed on the application. 1355.OS City Action on Applications for Zoning Code Amendments, Rezoning, Conditional Use Permits, Ttate:rim Use Permits, Planned Unit Developments, Site Plans, and Variances. Subd. 4 Action by the Council. Within sixty {60) days %llowing the date of the receipt of the Commission's report, the Council shall act upon the applicatzon. The Cauncil, rnay only upon written request by the applicant, extend its time for consideration and action. Nothing in this paragraph shall prohibit tl�e Council from Apri1 14, 2008 1'age 10 of 13 City of Arden Hills Chapter 13 Zoning Code holding additional hearings as ii deems necessary within the sixty day period following the receipt of the report of the Commission. In considering applications for Zoning Code amendments, rezoning, special use permits, planned unit developments, site plans a�d variances, the Council s1�a11 conszder the advice and recornrnendations of the Commission and may grant the request if it deternunes that the action is permissib�e in accordance with the applicable standards. Requests may be denied by motio� of the Council, and such rnotion shall constitute a finding and determination that the conditions required for ap�roval do not exist. Subd. 5 Qp#ional Actions. Council action may include approval in whale or in part, denial in whole or in part, tabling for a specified period of time, or referra� back to the Commission for its fitrther consideration and report to the Council within a specified tizne period not to exceed sixty (60) days from the date of such referral. The applicant shall be notified in writing of the Council's action. Subd. 6 Der�ial of Application. In the event the Cauncil denies in whole or in part the application, it shall furnish the applicant with a written document advising him of the denial anc� specifying the factual basis and reasoning upon which the denial was predicated. The application may be denied for reasons relating to public health, safety and general welfare or because of incompatibility between the proposed use and the City's Comprehensive Plan. Subd.7 Resubmission of Denied Applicaiion. No application which has been denied wholly or in part shall be resubzn.itted far a period of six (6) months from the date of said order of denial. 13SS.06 Conditions for Approval of Conditional Use Permits, Interim Use Pern�its, Plann�d Unit Developments, Site Plans, and Variances. Subd. 1 Commenceznent and Conclusion of Work. Ii is contemplated that any wark involved or required by an approved applicatian will be commenced within one (1) year after such approval and conclude within one year of the issuance of a building permit or commencement of work if a building perrnit was not requirEd. This requirement is not intended to limit the authority of the Council with respect to imposition of other or different time limitations if deemed proper in the particular case. Subd. 2 Inspection. It shall be the responsibility of the administrator to check on these time limitations oz any other limitations contained in the approval and advise the Council o� any breach thereof. Breach of the limiiations, whether contained herein or speciitcally contained in the action itself, shall be grounds far canceling the approval. Subd. 3 Expiration. Approval shall automatically expire and become void one (1) year from arid after the date on which the Council granted such approval if the building permit or other approved improvements have not been issued a permit by the building inspector. Tk�e Council may extend the expiration date oi such approval April 14, 2408 Pagellof�3 City of Ardez� Hal�s Chapter 13 Zoning Code upon written application by the person to whom the approval was granted. If the use far which any conditional or interim use permit has been granted has ceased or has been discontinued for a period of ninery (90) consecutive days, the perrnit shall autonnatically expire and become void at the end of such ninety-day period unless reinstated by the Council. Subd. 4 Amendments of Site Plax�s, Conditional Use Permits, Tnterim Use Permit, or Planned Unit Developments. An application for amendment shall be administered in the same manner as required for a new application. Such applicatzons shall include re-applications for perinits that have been denied, revoked, or have expired; renewal or temporary permits; requests for changes in conditions; and such other instances as are provided in this Cade. Any structuxal alteration, enlargement or intensification change in siie plan, or similar change not specially permitted, shall require City action and all procedures shall apply as if a new applicatian were being requested; provided, however, that when such changes are deemed to be insignificant by the zoning administra�or, the requirernents of a public hearing may be waived. Subd. 5 Periodic Review. A periadic review of the perrnit and its conditions shall be maintained. A violation of any condition set forth in the permit shall be a violation of this Code, and shall be cause for revocation of the p�rmit. In the event that the Council proposes to Council or revoke a permit, the Councii sha�l cause written notice thereof to be given to the occupier, and owner shall have an opportuz�zty to be heard, but not further notice need be given. Subd. 6 Adzn.inistrative Recards. The zoning administratar shall maintain a recard of all approved, stamped and dated plans and permits issued, including information on the use, location, conditions imposed, time lirnits, review dates, and such other informatzon as may be appropriate. Plans shall be signed by the Council Liaison to the Planning Commzssion and the Planning Commission Chairman. It shall be the responsibility of the administratar to place on the Planning Commission agenda and notify the Council of any expiring iime limit, prior to expiration and/or violation of any approved applications. 1355.07 Appeals to Adm,inistrative Decisions. Subd. 1 Appeals. The Planning Commission shall near any appeals where it is alleged that there is an error in any order, requirements, deczsion or determination made by an administrative officer in the interpretation, application, and/ar enforcement of this Code and shall report its findings and recornmendations to the City Council for actian, Subd. 2 Effect of Determinations. The findings and determinations made by the Planning Camnr3.ission shall be advisory only and shall have no binding effect. The Council shall take such action on the findings and recommendations of tl�e Planning Commission as it deems proper in the circumstances. April 14, 2008 Page 12 of 13 City of Arden Hills Chapter 13 Zoning Code The Arden Hills City Council further directs that a copy of this Ordinance whick� highlig�ts the changes to Chapter 13. Section 1355, and a vers'ron of Chapter 13, Section 1.355 as amended and repealed, be attached to this Ordinance and maintained in the book of Ordinances �'or �he City of Arden Hi1Ts. ADOPTION DATE: Passed by the Arden HilIs Ci�y Council on the �.4th day of April, 2008. EFFECT�VE DATE: This Ordinance shall be effective the day following its publica�ion. Dated: , 2005 Stanley D. Harpstead, Mayor ATTEST: Jatnes Willis, Interim City Administrator PUBLICATION DATE: Published on the 23rd day of April, 2008 April 14, 2008 Page13of13 Attachment Ord�nance 2008-004 April 14, 2008, City Counci3 Meeting City of Arden Hills Chapterl3 Zoning Code CITY OF ARDEN HILL� RAMSEY C4UNTY STATE OF MINNESOTA ORDINANCE N0. 2008-004 AN �RDINANCE ADDZNG INSTITUTIONAL HOUSING AS AN INTERIM USE IN THE B-2 DISTRICT The Arden Hills City Council hereby ordains that Chapfer 13, SeeHon 1320.05, Land use Chart is hereby a�rr�ended, and Section 1320.085, Subd. 4 and Subd.11 of the Arden Hills City Code are hereby added and read as follows: Section 1320.085 — Special Requirements for the B-2 General Business District Subd. 4. Interim uses {as specified in the Land Use Chart, Section 1320.05, for the B-2 Distriet} requ�re an approved interixa� use permit prior to issuance af an accupancy or building permit. Madifying a building or site as listed in Section 1320.fl85 Subd l.A.I -7 shall also reqUire a conditional use permit and site plan review. Subd. I1 Institutional Housing. Pending completion of the City's B-2 Zoning District Planning Stndy, an existing hotel-motel use rz�ay he used for instit4ttional ho�sing upon approval of an Interim Use Permit provided that all of the following reyuirernents are met: A. Conformance with Section 1355.04 Subd 7 of the Zoning Code; B. The building to be used for institutional housing meets applicable building and �re cades as dete�ined by the Fire Marshal and Bt�ilding Official; C. Each room that has occupanEs on an over�ight basis shall have bathroom facilities within the room; D. The capacity of the bui�ding shall nat �e exceeded; E. Tl�e institutional ho�sing shall only be used for stUdent or fac�lty housir�g_ Rest homes, hospitals, sanatorium, nursing home, convalescent homes, and orphan homes shall not be pe�rr�itted. April 14, 2Q08 City of Arden Hills Chapterl3 Zoning Cade F. A regzilarIy scheduled shuttle shall be provided to and from the college or ca�npus for which the institutional housing is being used; April 14, 2008 City of Arden Hills Chapterl3 Zoning Cod� The Arden Hills City Council further directs that a copy of this Ordinance which highlights the changes to Chapter 13, Section 1320, and a version of Chapter 13, Section i320 as amended, be attached ta this Urdinance and maintained in the book of Ordinances for tl�e City of Arden Hills. ADOPTION DATE: Passed by the Arden Hills City Council on the 14t'` day of ApriI, 2008. EFFECTNE DATE: This Ordinance s�all be effective the day follawing its publication. Dated: . 2008 Stanley D. Harpstead, Mayor ATTEST: Ja�nes Wiilis, Interim City Administrator PUBLICATION DATE: Published on the 23rd day of April, 2008 A�ri114, 2008 Attachment Ord�nance Summaries April 24, 2008, City Council Meeting C�TY 4F ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDYNANCE NO. 2008-003 On the I4`�' day of Ap�-il, 2008, the Arden Hills City Council adopted Ordinance No. 2008-003, and by at least four/fifths affirmative vates pursuant to Minn. Stat §412.�91, Subd. 4, directed t�at a summary of Ordinance 2008-003 be published. Chapter 13, Section 1355, and its subd��isians are co3Iectively ks�own as, Ordinance 2008-003, entitled "Administration and Procedures." The primary purpose of the amendment is to add the Interim Use Permit process to the Zoning Code, and identify criteria to eval�ate requests for interim uses. A fu�l copy of Ordinance 2008-003 is available for inspection by any person during regular business hours at the office of the City Administrator, 1245 West Highway 9b, Arden Hills, Minnesota SSl 12. The Ordinance is also available online at http://www.ci.axden- hills.mn.us. CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. Zoas-ao� On the 14t1i day of ApriI, Z008, the Arden Hills City Council adopted Ordinance No. 2008-004, and by at least four/f fths affrrmative votes pursuant ta Mia�n. Stat. ��� 2.191, Subd_ 4, directed that a summary of ardinance 2008-004 be published. Chapter 13, Section 1320.05, and Section 1320.085, Subd. 4 at�d Subd. 1 l are collectively known as, Ord�nance 2008-004. The primary pu�pose of the amendment is to add Institutional Housing as an Interim Use in the B-2 District to the Zo�ang Code, and to identify special requirements for the evaluation of rec�uests far these types of interim uses. A fi�l� copy of 4rdinance 200$-fl04 is available for inspection by any person during regular business haurs at tl�e office of the City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is a3so avai]able online at http://www.ci.arden- hills.mn.us.