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HomeMy WebLinkAbout14.E. Text Amendment to City Code Sec. 11.84-Ord. No. 678 Ir EE, CITY OF SHAKOPEE Memorandum CASE LOG NO.: 03-080 CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment to City Code Section 11.84 MEETING DATE: August 19, 2002 INTRODUCTION: The City Code Section 11.84 sets forth the scope of authority of the Board of Adjustment and Appeals. Staffhas prepared a draft text amendment that proposes revisions to the review process of Conditional Use Permits (CUP's) that are closely related to land use applications. The intent ofthe revision is to provide consistency in review and inclusion of City Council in certain CUP reviews. ALTERNATIVES: I. Approve Ordinance No. 678, approving the text amendment as presented. 2. Approve Ordinance No. 678, 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 August 7,2003, meeting. The Commission has recommended approval of the proposed amendment as presented by a vote of 4-2. A copy of the staff report from the August 7 Commission meeting is attached for the Council's reference. ACTION REQUESTED: Offer and pass a motion to approve Ordinance No. 678, amending City Code Sec. 11.84 as presented. ~Ui, JC1L'rn fL--.- u ie KlIma ern g:\cc\2003\08-19\tacups.doc 1 ORDINANCE NO. 678, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11.84 BOARD OF ADJUSTMENT AND APPEALS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter II, Zoning, Section 11.84, is hereby amended by adding the language which is underlined and deleting the language which is struckthrough. Subd. 1. Powers and Duties. The Board of Adjustment and Appeals shall have the following powers and duties: A. To hear requests for conditional use permits which are not closely related to a land use application requiring consideration by the Planning Commission and City Council; B. To hear requests for variances which are not closely related to a land use application requiring consideration by the Planning Commission and City Council; C. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Administrator or any other person in the enforcement of this Chapter; D. To hear and decide requests for expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B nonconformity, as set forth in Section 11.91 ofthis Chapter; and E. To hear requests for shared parking plans, cooperative parking plans, and shared driveways. 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 Shakopee, 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 PI CITY OF SHAKOPEE Memorandum CASE LOG NO.: 03-080 TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to City Code Section 11.84, BOARD OF ADJUSTMENT AND APPEALS MEETING DATE: August 7, 2003 DISCUSSION Section 11.84 of the City Code outlines the responsibilities of the Board of Adjustment and Appeals (BOAA). Subd. 1 lists the powers and duties of the BOAA. Subd. 1 reads as follows: . Subd. 1. Powers and Duties. The Board of Adjustment and Appeals shall have the following powers and duties: A. To hear requests for conditional use permits; B. To hear requests for variances which are not closely related to a land use application requiring consideration by the Planning Commission and City Council; C. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Administrator or any other person in the enforcement ofthis Chapter; D. To hear and decide requests for expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B nonconformity, as set forth in Section 11.9 of this Chapter; and E. To hear requests for shared parking plans, cooperative parking plans, and shared driveways. Staff suggests for the Commission's consideration that the following language indicated I by the underline b~ ad~ed to City Code Sec. 11.84, Subd. 1; A. to hear requests for conditional use permits which are not closely related to a land use application requiring consideration by the Planning Commission and City Council; This amendment would provide consistency when handling proposals that require review by the Planning Commission and City Council. An example would be a residential , development that requires a CUP for multiple structures per lot. Under the current ordinance, the BOAA has the authority to approve the site plan but the authority for ~pproval of the plat lies with the City Council. The amendment, as proposed, wOl,lld allow all final authority, relative to land use applications, to rest with the City Council, with ad.visory review by the Planning Commission. 1 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; Finding #1 The original zoning ordinance is in error. The amendment, as proposed, allows for consistency in handling applications for conditional use permits and variances that are closely related to a land use application requiring review by the Planning Commission and City Council. 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. 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. 1EJj1, ~ e Klima P anner II g: \boaa-pc \2003\08-07\taboaa-cups.doc 2