03-20-2017 Planning Commission Packet

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} #17-39113245 Wayzata Blvd. March 20,2017 Page 2 recycling yard for the upcoming CR 112 (Wayzata Blvd) improvement project. The highway improvement project under the auspices of Hennepin County, is being done in phases, and could take up to 4-5 years for completion. The Orono Zoning Code does not have provisions for temporary or "interim" uses. Further, the proposed use for storage, construction staging and materials recycling is dissimilar to virtually every permitted, conditional or accessory use in any of Orono's zoning districts. The only remotely similar uses are listed as "Open and outdoor storage as an accessory use" and "Trucking operations", each of which appears within just the I-Industrial District standards, and requires a conditional use permit. The applicants' property is guided and zoned for residential use (RR-1B zoning district,which will be rezoned to RPUD upon final plat approval)and the Industrial District provisions are not applicable. Interim Use Concept Minnesota Statutes Section 462.3597 permits cities to allow"Interim Uses". Interim use is defined by statute as "a temporary use of a property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it". The Statutes indicate "The governing body(City Council)may grant permission for an interim use of property if: (1) The use conforms to the zoning regulations; (2) The date or event that will terminate the use can be identified with certainty; (3) Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and (4) The user agrees to any conditions that the governing body deems appropriate for permission of the use. Any interim use may be terminated by a change in the zoning regulations." It is important to remember that a conditional use permit is permanent, and runs with the land,not with the property owner. In contrast,an interim use permit provides the tools necessary to `sunset' a use that may be appropriate for some temporary time period but is not generally appropriate on a permanent basis. Staff has long felt that an Interim Use ordinance would be a very useful tool for Orono,because it provides flexibility but with a high level of City control. Zoning Text Amendment Options In order to allow the proposed staging use on a temporary basis, the code must be amended. Factors that need to be considered include:- 1. A general "Interim Use" ordinance should be adopted that establishes parameters for any interim use regardless of zoning district. This would as a minimum read similar to the statute language above, and might include additional parameters that the City desires. This section would be similar to the City code sections that provide required findings for variances and CUPs. Three example of such an ordinance are attached(Exhibit C). 2. The RR-1B Zoning District should be amended to include a section entitled "Interim Uses" (similar to the `permitted', `conditional' and `accessory' use sections). This would presumably list just the use now being requested, such as "Construction staging, materials and equipment storage, and materials recycling". 3. The listing could/should include a number of conditions that must be met in order to be approved. Those conditions might include, for instance: