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HomeMy WebLinkAbout2011-008Ordinance 2011 -008 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2011 -008 AN ORDINANCE AMENDING SECTION 1355 AND OMITTING SECTION 1325.03 SUBD. 3.0 OF THE ZONING CODE The Arden Hills City Council hereby ordains that Chapter 13, Section 1325.03 Subd. 3.0 of the City Code shall be omitted in its entirety, and Section 1355 shall be hereby amended as follows: Section 1355 - Administration and Procedures (Revised June 7, 2011) 1355.01 Procedure for Public Hearings. Subd. 1 Actions Requiring Public Hearings. The following land use applications require that a public hearing be held prior to action by the City Council: A. Amendments to the Zoning Code regulations; B. Rezoning of land from one district to another; C. Conditional Use Permits for Conditional Principal or Conditional Accessory Uses; D. Planned Unit Developments; E. Comprehensive Plan Amendments; F. Interim Use Permits. Subd. 2 Actions Not Requiring Public Hearings. The following land use applications do not require a public hearing unless the Zoning Administrator determines that adjoining property owners or other residents should be advised of a specific proposal: A. Variances B. Site Plan Reviews Subd. 3 Notice of Public Hearing. Page 1 of 13 Ordinance 2011 -008 A. Published Notice. A notice of the time, place, and purpose of Public Hearing shall be published in the Official newspaper 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 Developments, shall also require mailed notice, at least ten (10) days before the day of hearing, to each owner of property situated wholly or partially within three hundred fifty (350) feet of the boundary of the Property on which the application requiring the Public Hearing is situated. The City Council shall be responsible for mailing the notices to the landowners. C. Referral to Others. The administrator shall also refer copies of the application and required documentation in support thereof to other City officials who have an interest therein in accordance with the required administrative distribution schedule. D. Record of Notice. A copy of the notice and a list of the names and addresses to which the notice was sent shall be attested to by the administrator and shall be made a part of the records of the proceedings. Failure of Written Notice. The failure to give mailed notice to individual property owners shall not invalidate the proceeding, provided a bona fide attempt has been made to comply with the notice requirements. Subd. 4 Public Hearing by Planning Commission. The public hearing shall be held before the Planning Commission. The applicant or its representative shall be given the opportunity to appear before the Planning Commission to answer questions or give explanations regarding the proposal. The Planning Commission may adjourn the public hearing to its next meeting, 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 application, the Planning Commission shall submit its written report, containing its findings, conclusions, and recommendations as to the application, to the City Council. Subd. 5 Additional Hearings by City Council. The City Council may hold additional hearings Failure to receive a report from the Planning Commission, as herein provided, shall not invalidate the proceedings or actions of the City Council. Subd. 6 Action by City Council. The City Council must take action on the application in accordance with Section 1355.05 of this Code. City Council action may include approval, denial, or referral back to the Planning Commission. City Council action may include approval in whole or in part, tabling for a specified period of time, or referral back to the Planning Commission for its further consideration and report to the Council within a specified period of time not to exceed the timeline Page 2 of 13 Ordinance 2011 -008 contained in Minnesota Statutes §15.99. The applicant shall be notified in writing of the City Council's action. 1355.02 Procedure for Actions Not Requiring Public Hearings. Requests for Variances and Site Plan Reviews do not require a public hearing unless the Zoning Administrator determines that adjoining property owners or other residents should be invited to the Planning Commission meeting to offer responses to the application, prior to action by the City. Subd. 1 Placing Request on Planning Commission Agenda. The Zoning Administrator shall place the request on the Planning Commission Agenda. Subd. 2 Referral to Others. The Zoning Administrator shall also refer copies of the application and required documentation in support thereof to other City officials who have an interest therein in accordance with the required administrative distribution schedule. Subd. 3 Planning Commission Consideration. The applicant or its representative shall be given the opportunity to appear before the Planning Commission to answer questions or give explanations regarding the proposal. The Planning Commission may adjourn the discussion to its next meeting, either regular or special, and may continue its study and consideration of the application at meetings subsequent to the meeting at which the initial discussion occurred. Upon completion of its study and consideration of the application, the Planning Commission shall submit its written report, containing its finding, conclusions, and recommendations to the City Council. Subd. 4 City Council Consideration. The City Council shall consider the advice and recommendations of the Planning Commission and may approve the application if it determines that the application complies with the city standards. Applications may be denied by action of the City Council, and such action shall constitute a finding and determination that the conditions required for approval do not exist. Subd. 5 Action by City Council. The City Council must take action on the application in accordance with Section 1355.05 of this Code. City Council action may include approval, denial, or referral back to the Planning Commission. 1355.03 Application Requirements for All Land Use Procedures. Subd. 1 Application. The completed land use application shall be submitted to the Zoning Administrator. Subd. 2 Documentation. Forms describing the required documentation for each land use application required herein are included as Appendix A, Procedure Manual and are available from the Zoning Administrator. Subd. 3 Action by City Council. The City Council shall review all land use applications in accordance with Section 1355.05 of this Code. Page 3 of 13 Ordinance 2011 -008 1355.04 Procedural Requirements for Specific Applications. Subd. 1 Zoning Code Amendment. A. Public Hearing. A public hearing is required before action by the City Council. B. Action to Approve. Three affirmative votes of the City Council are required for action to amend the text of the Zoning Code. In the event an application for amendment is approved, an appropriate amending ordinance shall be executed and published. Subd. 2 Rezonings /Comprehensive Plan. A. Consistency with Comprehensive Plan. If a proposed rezoning is not consistent with the Arden Hills Comprehensive Plan, the applicant shall apply for a Comprehensive Plan Amendment concurrently with the application for rezoning. Written and graphic documentation shall be provided by the applicant, showing why the proposed amendment is superior to the existing Plan and changes that have occurred that make the Amendment appropriate. B. Public Hearing. A public hearing is required for a Comprehensive Plan Amendment and for the rezoning. C. Action to Approve. Three affirmative votes of the City Council are required to rezone property from one district to another, provided that the rezoning of property from residential use to an industrial use shall require approval by four affirmative votes of the City Council. Comprehensive Plan Amendments shall require four affirmative votes of the City Council. In the event an application for a rezoning is approved, an appropriate amending ordinance shall be executed and published. Rezoning amendments shall describe the property rezoned by its legal description, and shall be indicated on the official zoning map, but it shall not be necessary to re- publish said zoning map to effectuate the rezoning amendment. D. Business and Industrial District Rezoning. Before any new area is rezoned to a business or industrial classification, the property must be located adjacent to an arterial or collector road as shown on the Comprehensive Development Plan, or the rezoning will be an extension of an existing business or industrial district and in conformance with the intent of the Comprehensive Plan. Subd. 3 Conditional Use Permits. Page 4 of 13 Ordinance 2011 -008 E. Public Hearing. A public hearing is required. F. Action to Approve. Three affirmative votes of the City council are required to approve a conditional use permit and the action of the City Council must include a determination that the facts and circumstances of the particular case warrant the granting of the permit. The Council shall consider the factual findings, conclusions and recommendations of 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 occupants of surrounding land, in particular, and the community as a whole, in general, including but not limited to the following factors: existing and anticipated traffic and parking conditions; 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 structures on surrounding land; adjoining land values; park dedications where applicable, and the orderly development of the neighborhood and the city within the general purpose and intent of this Zoning Code and the Comprehensive Plan for the City. G. Imposition of Conditions. In the granting of a conditional use permit, the City Council may impose such conditions, in addition to the general conditions and requirements of this Code to which every conditional use permit shall be subject, as it deems necessary to serve and protect the health, safety, convenience and general welfare of the community. Such conditions may include, among other things, a time limit within which the conditional use or a portion thereof, or improvements in connection therewith are to be established, constructed, completed or commenced, and a requirement that the person or firm to whom the conditional use permit has been granted deposit with the City either cash or a performance bond in a sum equal to one hundred twenty five (125 %) percent of the estimated cost, as determined by the City Engineer, of improvements to be constructed in accordance with the permit to insure completion thereof within the time limit specified in the permit. The conditions so imposed by the City Council shall be specifically stated in the permit and maybe subject to periodic review as determined by the City 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 Site. A conditional use permit is granted for a specific use at a specific site, not for a person or firm. I. 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 Page 5 of 13 Ordinance 2011 -008 of a conditional use permit before it can be located in the particular district, until after the conditional use permit has been granted by the City Council. J. Discontinuance of a Conditional Use. If the 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 automatically expire and become void at the end of such ninety (90) 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. Three affirmative votes of the City Council are required to approve the granting of a variance. C. Criteria for Review. The following criteria shall be applied to the City Council's review of a variance application: 1. Purpose and Intent. The variance request shall comply with the purpose and intent provisions of City's Zoning Regulations and with the policies of the City's Comprehensive Plan. 2. Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the Arden Hills Zoning Regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. 3. Economic Consideration. Economic consideration alone does not constitute a practical difficulty. 4. Access to Sunlight. Inadequate access to direct sunlight for solar energy systems shall be considered a practical difficulty. Page 6 of 13 Ordinance 2011 -008 5. Earth Sheltered Housing. Earth sheltered construction, as defined in Minnesota Statutes §216(C).06, Subd. 14, shall be considered a practical difficulty if the property is otherwise in compliance with the Arden Hills Zoning Regulations. 6. Non Permitted Use. A variance shall not be granted if it would allow a use, which is not otherwise permitted in the zoning district where the property is located. 7. Temporary Double Family. A variance may be granted to allow temporary use of a one family dwelling as a two family dwelling. D. Conditions to Insure Compliance. The City Council may impose conditions in granting a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Subd. 5 Site Plan Review. A. Public Hearing. A public hearing is not required but neighboring property owners shall be notified. B. Action to Approve. Three affirmative votes of the City Council are required for approval of a site plan. C. Building Permit. The issuance of a permit for a new building or significant site modification for a permitted or established use within a Multiple Dwelling Zoning District or any business or industrial zoning district shall require site plan approval by the City Council according to the procedure defined in Chapter 1355.04. Subd. 6 Planned 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 Final 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 district change is required and for a preliminary plat if a preliminary plat of the PUD property is proposed. C. Action to Approve. Four affirmative votes of the City Council are required for approval of the Master Plan. Page 7 of 13 Ordinance 2011 -008 D. Effect of Concept Plan Review. The applicant for a PUD Concept Plan, which has been reviewed by the City 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 which has been approved by the City Council shall apply for 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 City Council or unless a written request for a time extension has been approved by the City Council in advance of the expiration date. F. Final Plan. The applicant shall submit a Final Plan for all elements of the Master Plan that are to be developed imminently. A PUD Final Plan shall be submitted for each stage of development /construction. Three affirmative votes of the City Council are required to approve a Final Plan PUD. G. Final Plan Procedure. The Site Plan Review process in Appendix A, Procedure Manual, and the Site Plan Review procedure in Chapter 1355.04 Subd 5 shall be followed. Subd. 7 Interim Use Permits. A. Purpose and Intent. The purpose and intent of allowing interim uses is: 1. To allow 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 use allowed within the respective zoning district. 2. 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. B. Public Hearing. A public hearing is required. C. Action to Approve. Three affirmative votes of the City Council are required to approve an interim use permit, and the City Council must include a determination that the facts and circumstances of the particular case warrant granting the permit. D. Permit Evaluation. When reviewing the interim use permit application, the City Council shall consider the factual findings, ability to Page 8 of 13 Ordinance 2011 -008 meet the special requirements of the interim use, and the conclusions and recommendations of the Planning Commission. An interim use permit may be granted only if the City Council finds the following: 1. The use is allowed as an interim use in the underlying zoning district and conforms to the zoning regulations; 2. Permission of the interim use will not impose additional costs on the public if it is necessary for the public to take the property in the future; 3. The use will not adversely impact nearby properties through nuisance, noise, dust, glare, or unsightliness, and will not otherwise adversely impact the health, safety, and welfare of the community; 4. The use will not adversely impact traffic and parking; 5. The use will not adversely impact implementation of future amendment to the City's Comprehensive Plan; 6. The date or event that will terminate the use is identified with certainty; 7. The applicant has signed a consent agreement agreeing that the applicant, owner, operator, tenant, and /or user has no entitlement to an extension of the Interim Use Permit; 8. The user agrees to all 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 expiration of the interim use permit; 9. There are no delinquent property taxes, special assessments, interest, or City utility fees due upon the subject parcel; 10. The term of the interim use does not exceed three (3) years; 11. The property has not been a recipient of a previous interim use permit. A property that has received an interim use permit for an interim use listed in 1320.05, Land Use Chart, shall not be eligible for another interim use permit of the same use; and, 12. Any special requirements in Section 1320 for a particular interim use are met. Page 9 of 13 Ordinance 2011 -008 E. Imposition of Conditions. In the granting of an interim use permit, the City Council may impose such conditions, in addition to the general conditions and requirements of this Code to which every interim use permit shall be subject, as it deems necessary to serve and protect the health, safety, convenience and general welfare of the community. F. Permit for Particular Site. An interim use permit is granted for a specific use at a specific site, not for a person or firm. G. Designated Uses. Uses for which an interim 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 an interim use until after the interim use permit has been granted by the City Council. H. Termination. An interim use shall terminate on the occurrence of any of the following events, whichever occurs first: 1. The date stated on 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; 4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the underlying zoning district; and 5. If the use for which the interim use permit has been granted has ceased or has been discontinued for a period of ninety (90) consecutive days, the permit shall automatically expire and become void at the end of such ninety -day period. I. 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 ten (10) days notice of the time and place of the hearing and shall state the nature of the violation(s). The notice shall be mailed to the permittee at the most recent address listed on the application. Page 10 of 13 Ordinance 2011 -008 1355.05 City Action on Applications for Comprehensive Plan Amendments, Zoning Code Amendments, Rezoning, Conditional and Interim Use Permits, Planned Unit Developments, Site Plan Reviews, and Variances. Subd. 1 Finding of Complete Application. The Zoning Administrator shall find the application complete or incomplete within fifteen (15) business days from the date the application is made. If the application is found to be incomplete, the administrator shall notify the applicants in writing and state what information is missing. If the application is found to be complete, the date of submittal shall mark the beginning of the review deadline. Subd. 2 Action by the City Council. Within sixty (60) days following the date of submittal of a complete application, the City Council shall act upon the application. The City Council may extend the sixty (60) day review timeline by an additional sixty (60) days upon providing written notification to the applicant stating the reasons for the extension. The City Council, may only upon written request by the applicant, extend its time for consideration and action beyond one hundred twenty (120) days. Nothing in this paragraph shall prohibit the City Council from holding additional hearings as it deems necessary within the review period. In considering applications for Comprehensive Plan amendments, Zoning Code amendments, rezoning, conditional and interim use permits, planned unit developments, site plan reviews and variances, the City Council shall consider the advice and recommendations of the Planning Commission and may grant the request if it determines that the action is permissible in accordance with the applicable standards. Requests may be denied by motion of the City Council, and such motion shall constitute a finding and determination that the conditions required for approval do not exist. Subd. 3 Optional Actions. City Council action may include approval in whole or in part, denial in whole or in part, tabling for a specified period of time, or referral back to the Planning Commission for its further consideration and report to the City Council within a specified time period. The applicant shall be notified in writing of the City Council's action. Subd. 4 Denial of Application. In the event the City Council denies in whole or in part the application, it shall furnish the applicant with a written document advising him of the denial and 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. 5 Resubmission of Denied Application. No application, which has been denied wholly or in part, shall be resubmitted for a period of six (6) months from the date of said order of denial. 1355.06 Conditions for Approval of Conditional Use Permits, Planned Unit Developments, Site Plans, and Variances. Page 11 of 13 Ordinance 2011 -008 Subd. 1 Commencement and Conclusion of Work. It is contemplated that any work involved or required by an approved application 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 permit was not required. This requirement is not intended to limit the authority of the City 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 or any other limitations contained in the approval and advise the City Council of any breach thereof. Breach of the limitations, whether contained herein or specifically contained in the action itself, shall be grounds for canceling the approval. Subd. 3 Expiration. Approval shall automatically expire and become void one (1) year from and after the date on which the City Council granted such approval if the building permit or other approved improvements have not been issued a permit by the building inspector. The City Council may extend the expiration date of such approval upon written application by the person to whom the approval was granted. If the use for which any conditional or interim use permit has been granted has ceased or has been discontinued for a period of ninety (90) consecutive days, the permit shall automatically expire and become void at the end of such ninety (90)day period unless reinstated by the City Council. Subd. 4 Amendments of Site Plans, Conditional Use Permits, Interim Use Permit, or Planned Unit Developments. An application for amendment shall be administered in the same manner as required for a new application. Such applications shall include re- applications for permits 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 Code. Any structural alteration, enlargement or intensification change in site plan, or similar change not specially permitted, shall require City Council action and all procedures shall apply as if a new application were being requested; provided, however, that when such changes are deemed to be insignificant by the zoning administrator, the requirements of a public hearing may be waived. Subd. 5 Periodic Review. A periodic review of the permit 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 permit. In the event that the Zoning Administrator recommends to City Council or revoke a permit, the City Council shall cause written notice thereof to be given to the occupier, and owner shall have an opportunity to be heard, but no further notice need be given. Subd. 6 Administrative Records. The zoning administrator shall maintain a record of all approved, stamped and dated plans and permits issued, including information on the use, location, conditions imposed, time limits, review dates, and such other Page 12 of 13 Ordinance 2011 -008 information as may be appropriate. Plans shall be signed by the City Council Liaison to the Planning Commission and the Planning Commission Chairman. It shall be the responsibility of the administrator to place on the Planning Commission agenda and notify the City Council of any expiring time limit, prior to expiration and /or violation of any approved applications. 1355.07 Appeals to Administrative Decisions. Subd. 1 Appeals. The Planning Commission shall hear any appeals where it is alleged that there is an error in any order, requirements, decision or determination made by an administrative officer in the interpretation, application, and/or enforcement of this Code and shall report its findings and recommendations to the City Council for action. Subd. 2 Effect of Determinations. The findings and determinations made by the Planning Commission shall be advisory only and shall have no binding effect. The City Council shall take such action on the findings and recommendations of the Planning Commission, as it deems proper in the circumstances. Effective Date. This Ordinance shall become effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 27th Day of June 2011. ATT/Fry. PATRICK KLAERS CITY ADMINISTRATOR Publication Date: July 7, 2011 DAVID GRANT, MAYOR Page 13 of 13