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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, May 8,2017 <br />7:00 o'clock p.m. <br />13. #17-3911 LAKE WEST DEVELOPMENT, LLC, 3245 WAYZATA BOULEVARD WEST, <br />ZONING CODE TEXT AMENDMENT — ALLOW INTERIM/TEMPORARY USES — Continued <br />Having any interim use option introduces the potential for property owners to propose land uses that are <br />inappropriate for a given site. The use could be disruptive to neighboring land owners or be inconsistent <br />with the character of the surrounding area. Business activities that could potentially be harmful to the <br />public health, safety and welfare could be proposed. Because of this, the City must be diligent, not only <br />in establishing appropriate interim uses within specific zoning districts, but in monitoring those uses for <br />compliance with the established terms of each fUP. <br />hi the text that is before the City Council tonight, there are some changes that were recommended by the <br />Planning Commission. The Planning Commission would like to see a review at least annually as opposed <br />to annually of any interim use permit that is issued. They would also like the language that the property <br />must be in compliance with all applicable City code standards be removed since it is inherently in conflict <br />with the flexibility that is offered via the interim use permit conditions. That text is Exhibit A. <br />Exhibit B is a separate ordinance that changes the text of the RR -IB District, which is a two -acre single- <br />family rural residential zone. Exhibit B has been revised slightly from the version reviewed by the <br />Planning Commission to reflect the intent that the use must be for a project in Orono, that the use must be <br />on a property adjacent to the public road being constructed or reconstructed, and the submitted plans must <br />also include a schedule and timing of the proposed activity. <br />As currently drafted, the RR -113 amendment does not contain certain specific parameters for the <br />construction staging and use. That could be added if the Council desires. Those parameters include <br />whether there should be a minimum separation distance from nearby residential structures or lot lines, <br />whether there should be a minimum lot size for that interim use, whether there should be requirements for <br />site and adjacent road maintenance and traffic control measures, and that it should be allowed only for <br />government sponsored improvement projects as opposed to private projects. <br />The City Council has wide latitude to approve or deny any interim use penrnit for any given site. The <br />Council may establish any conditions for approval that the Council deems appropriate. The above <br />mentioned limitations and conditions could be inserted into the RR-lB ordinance as a required standard <br />that would require determination now as to the separation distance or the lot size. The other option is to <br />insert simply a listing of parameters without numerical distance or sizes that could be discussed in <br />reviewing each interim use request that comes before the City. If the Council wishes to establish <br />appropriate numerical standards now, then a discussion should be held regarding minimum lot size and <br />separate distances. <br />Gaffron stated Council is requested to review the proposed use and the draft ordinance text amendments. <br />If the Council concludes that the Zoning Code should be amended to allow for Interim Uses, and that the <br />proposed road construction and staging activity should be an allowed interim use in the RR- I B zoning <br />district when all appropriate conditions are met, then the ordinances should be considered for adoption or <br />amendment. <br />If the Council determines that additional consideration of the requested amendments is needed, then <br />tabling would be in order. If a referral to the Planning Commission is desired, then specific direction for <br />such additional review should be provided. <br />Page 8 of 34 <br />