05-08-2017 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,May 8,2017 7:00 o'clock p.m. 13. #17-3911 LAKE WEST DEVELOPMENT,LLC,3245 WAYZATA BOULEVARD WEST, ZONING CODE TEXT AMENDMENT—ALLOW INTERIM/TEMPORARY USES—Continued and possible adoption is attached in the Council's packet as E�ibit A. Secondly,the RR-1B zoning district in which the subject property is located would be amended to include a section entitled Interim Uses similar to the permitted conditional and accessory uses that are located else in zoning code sections. A draft is included in the Council's packet as Exhibit B. The draft incorporates a number of parameters and conditions for the specific use entitled Temporary Facilities for Construction Staging Materials and Equipment Storage and Materials Recycling. In considering whether the City should adopt an interim use ordinance,the Planning Commission reviewed a number of examples where a temporary use may be reasonable but is not appropriate at a given location on a permanent basis. The Planning Commission looked at examples found in other Minnesota cities' codes and they are typically tied to a specific zoning district within each of those cities. While there are some consistencies, it also appears that every city has its own ideas of what to regulate via an interim use permit. In some instances cities are using IUPs to regulate activities or uses that Orono has historically regulated as a permitted use or as a conditional use or as an accessory use or even via licensing. The Planning Commission also looked at conditions placed on similar equipment storage and interim use code sections for three other Minnesota cities which allow this use. Changes recommended by the Planning Commission have been incorporated into the ordinance and are outlined in Staffls report. The Planning Commission considered the advantages as well as the disadvantages and some cautions with regard to interim use permits. The advantages include adding the ability to allow for a specified interim use in a specific zoning district, it gives the City and property owner a method or a tool for the temporary use of a property, and it provides an option for properties that are expected to be developed in the future in conformity with the zoning code but for various reasons such future development will not occur immediately,which is the case before the Council tonight. An example of a property is the site at the intersection of County Road 6 and Highway 12. That property operated under a nonconforming use permit as early as 1968. That site was always zoned as single family but it went through a variety of different uses through the years. The building eventually became a daycare center. At some point Mn/DOT determined that property would be needed for the Highway 12 bypass and the daycare use was discontinued. It would be a number of years before that part of the bypass would be constructed, and during that time the City had a variety of inquiries from business people essentially saying they would like to use that building for a few years, such as an insurance office, but the City did not have an interim use ordinance at that time and there was no way that temporary use could be allowed. There are some disadvantages and some cautions with an interim use ordinance. If the Council approves an amendment to the Zoning Code to allow interim uses,the City,the property owners,and the developers will have to be very clear about the parameters for such use. Clear and concise documentation of the allowed land use activities and time periods will be required with each ICTP that is issued. To avoid any confusion or misunderstanding, it will be important that all parties know the conditions and time limitations established for the interim use permit. Page 7 of 34