Loading...
HomeMy WebLinkAbout14.C. Text Amendment to City Code Sec. 11.86, 11.87, amd 11.88-Ord. No. 689 /1,G I CITY OF SHAKOPEE Memorandum ~.. ." "O't. ... II ~ ~ ~~~.. T.. l\\ ,,1i1 < ~ Wi , f:t" ~. v "fl'~~L~ CASE LOG NO.: 03-117 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment to City Code Section 11.86, 11.87, and 11.88 (Conditional Use Permits for Residential, Business, and Industrial Zones) MEETING DATE: November 18, 2003 INTRODUCTION: Sections 11.86, 11.87, and 11.88 of the City Code outline the criteria to be applied to conditional use permit requests in the residential, business, and industrial zoning districts. Strict interpretation of that language would require the BOAA to follow the conditions placed in City Code without the ability to vary from them. It has been the past practice of the BOAA to use those conditions as guidelines. Staff has contacted the City Attorney regarding this issue. The City Attorney suggested this text amendment and the following language, in order to provide the flexibility to view conditions in City Code as guidelines. ALTERNATIVES: I. Approve Ordinance No. 689, approving the text amendment as presented. 2. Approve Ordinance No. 689, approving the text amendment with revisions. 3. Do not approve the proposed amendment. 4. Table the matter for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed amendment at its November 6, 2003, meeting. The Commission has recommended approval of the proposed amendment as presented. A copy of the staff report from the November 6 Commission meeting is attached for the Council's reference. ACTION REQUESTED: Offer and pass a motion to approve Ordinance No. 689, amending City Code Sec. 11.86, 11.87, and 11.88 as presented. t . 1/iL/ ~111L- J he Khma lanner II g:\cc\2003\11-18\ta-cup.doc 1 ORDINANCE NO. 689, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11.86, 11.87, and 11.88 CONDITIONAL USE PERMITS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section I - That City Code Chapter 11, Zoning, Sections 11.86, 11.87, 11.88 are hereby amended by adding the language which is underlined and deleting the language which is struckthrough. Subd. 2. Specific Standards for ResidentiaI/Business/Industrial Zones. In addition to the standards specified in Section 11.85 ofthis Chapter, no conditional use permit shall be granted in the residcntiallbusiness/industrial zones unless the Board of Adjustment and Appeals will consider determines that all of the specific standards contained in this subdivision when deciding whether a conditional use permit should be granted will be met. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shako pee, Minnesota, held the day of ,2003. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,2003. 2 tf;1 CITY OF SHAKO PEE Memorandum CASE LOG NO.: 03-117 TO: . Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to City Code Section 11.86, 11.87, and 11.88 (Conditional Use Permits for Residential, Business and Industrial Zones) MEETING DATE: November 6, 2003 DISCUSSION Sections 11.86, 11.87, and 11.88 of the City Code outline the criteria to be applied to conditional use permit requests in the residential, business, and industrial zoning districts. Subd. 2 of all 3 ofthose sections reads as follows: Subd. 2. Specific Standards for Residential/Business/Industrial Zones. In addition to the standards specified in Section 11.85 of this Chapter, no conditional use permit shall be granted in the residential/business/industrial zones unless the Board of Adjustment and Appeals determines that all of the specific standards contained in this subdivision will be met. Strict interpretation of that language would require the BOAA to follow the conditions placed in City Code without the ability to vary from them. It has been the past practice of the BOAA to use those conditions as guidelines. Staff has contacted the City Attorney regarding this issue. The City Attorney suggested this text amendment and the following language, in order to provide the flexibility to view conditions in City Code as guidelines. Language which is struckthrough is proposed for deletion. Language which is underlined is proposed for addition. Subd. 2. Specific Standards for Residential/Business/Industrial Zones. In addition to the standards specified in Section 11.85 of this Chapter, no conditional use permit shall be granted in the residentil1Vbusinesslindustrial zones unless the Board of Adjustment and Appeals will consider determines that all of the specific standards contained in this subdivision when deciding whether a conditional use permit should be granted \vill be met, City Code states that the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exists. Staffhas prepared draft findings for the Board's consideration: Criteria #1 That the original zoning ordinance is in error; 1 Finding #1 The original zoning ordinance is in error. The existing language does not provide the flexibility necessary to evaluate and impose conditions as necessary to ensure consistency with standards, purposes and procedures of the zoning chapter. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have not taken place. Rather, the proposed language clarifies the established practice of the City when reviewing conditional use permits. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns have not occurred. Criteria #4 That the Comprehensive Plan requires a different provision. Finding #4 The proposed amendment does not conflict with the policies outlined in the Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council approval of the proposed text as presented. 2. Recommend to the City Council approval of the proposed text amendment with reVISIOns. 3. Do not recommend to the City Council the approval of the proposed amendment. 4. Continue the public hearing and request additional information from staff. 5. Close the public hearing, but table the matter and request additional information. STAFF RECOMMENDATION Offer a motion to recommend to the City Council the approval of the proposed amendment and move its adoption. . ~ J Ie Klima anner II g:\boaa-pc\2003\11-06\ta-cup language. doc 2