HomeMy WebLinkAbout20180618 - VI-14 1st Reading-Order PH-Amend City Chapter 30 & 155
City Council Memorandum
To: Mayor Hicks & City Councilmembers
From: John Hinzman, Community Development Director
Date: June 18, 2018
Item: 1st Reading\Order Public Hearing: City Code Amendment – Special Use Permits
Council Action Requested: Consider 1st Reading and schedule a public hearing of the attached amendment to
Hastings City Code Chapters 30 – City Organizations and Chapter 155 – Zoning Code
pertaining to Special Use Permit regulations. Upon action by the City Council, the public
hearing, 2nd reading, and final action would be scheduled for the July 9, 2018 City Council Meeting. Approval requires a simple majority of the City Council.
Background Information:
Proposed changes include:
• Adding a one year “sunset clause” provision to the issuance of new permits. This provision has been a boilerplate condition on the issuance of permits since 2002;
the amendment seeks to codify the provision.
• Adding a limitation for non-use of a permit. Special Use Permits would become null and void if operations ceases for over three years.
• Recording of Special Use Permits with Dakota County. Recording memorializes
the use for future property owners.
Financial Impact: N\A
Advisory Commission Discussion:
The Planning Commission held a public hearing and discussed the amendment at the April 23, 2018. No one provided comment during the public hearing. The Commission voted to table the item to further discuss. On June 11th the Commission continued
discussion voting 5-0 to recommend approval of the attached ordinance. Commissioners
discussed the effect of the change on business flexibility, rationale for recording, and
effect on existing permits. Council Committee Discussion: N\A
Attachments:
• Draft Ordinance Amendment
• Planning Commission Memo – June 11, 2018
VI-14
1
CITY COUNCIL 1ST READING – JUNE 18, 2018
ORDINANCE NO._____________, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING HASTINGS CITY CODE RELATING TO SPECIAL USE PERMITS BE IT ORDAINED by the City Council of the City of Hastings as follows:
Chapter 30 of the Hastings City Code – City Organizations is hereby amended as follows
(Additions to the ordinance are underlined and section numbers may be renumbered):
§ 30.02 BOARD OF ADJUSTMENT AND APPEALS.
(E) Powers and duties. (2) Special use permits. (b) Granting permit. 6. A certified copy of the special use permit shall be recorded with the county. (c) Limitations. 1. In any case where a special use permit has not been established within one year from approval by the Board of Adjustment and Appeals, the permit shall be null and void. 2. In any case where a use authorized by a special use permit is discontinued for a period of three years or longer, the permit shall be null and void.
Chapter 155 of the Hastings City Code – Zoning Code is hereby amended as follows
(Additions to the ordinance are underlined and section numbers may be renumbered):
§ 155.02 DEFINITIONS.
SPECI AL USE. A use that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision for the special uses is made in this Zoning Ordinance. Conditional Uses and Conditional Use Permits shall have a similar meaning as Special Uses and Special Use Permits. Chapter 30.02, Subd. (E)(2) establishes conditions governing application procedures, granting of permits, and limitations.
VI-14
2
§ 155.53.5 EXTERIOR LIGHTING STANDARDS.
(B) Applicability. For all proposed new land uses, developments, buildings, and structures that require Site Plan or Conditional Special Use Permit approval, all outdoor lighting fixtures shall meet the requirements of the Ordinance. All existing and future lighting shall adhere to the footcandle illumination requirements of subsection (C)(4). Building additions or modifications of twenty-five (25) percent or more in terms of additional dwelling units gross floor area, or parking spaces, either with a single additional or with cumulative additions within a five (5) year period, shall invoke the requirements of this Ordinance for the entire property. All other sections shall remain unchanged. ADOPTED by the Hastings City Council on this 9th day of July, 2018
_________________________________ Paul J. Hicks, Mayor
ATTEST:
______________________________________________
Julie Flaten, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 9th day of
July, 2018, as disclosed by the records of the City of Hastings on file and of record in the
office.
_____________________________________________
Julie Flaten, City Clerk
(SEAL)
This instrument drafted by: City of Hastings (JH)
101 4th St. East
Hastings, MN 55033
VI-14
To: Planning Commission
From: John Hinzman, Community Development Director
Date: June 11, 2018
Item: Continued: Ordinance Amendment #2018-19 – Special Use Permits
Planning Commission Action Requested
Review a proposed amendment to Hastings City Code Chapters 30 – City Organizations and
Chapter 155 – Zoning Code pertaining to Special Use Permit regulations. Proposed changes
are below, with items amended from the April 23rd meeting in red:
• Adding a one year “sunset clause” provision to the issuance of new permits. This
provision has been a boilerplate condition on the issuance of permits since 2002; the
amendment seeks to codify the provision.
• Adding a limitation for non-use of a permit. Special Use Permits would become null
and void if operations ceases for over three years (previously one year). In addition,
permits issued on properties in which the special use permit is discontinued due to
successive operation of a different use on the property would be null and void (e.g.
if a permit is issued on a property for a repair garage and the repair garage use is
replaced by an office use, the property owner could not revert back to a repair
garage under the original permit). Currently, permits issued, but not utilized for a
number of years may still be valid.
• Recording of Special Use Permits with Dakota County. Recording memorializes the
use for future property owners.
The item was previously scheduled for review at the May 29, 2018 Planning Commission
Meeting, which was cancelled.
Planning Commission Meeting – April 23, 2018
The Planning Commission held a public hearing and reviewed changes at the April 23, 2018
meeting. No one spoke for or against the action during the public hearing. Following are
items discussed at the meeting along with additional research by staff:
• Effect of Proposed Changes on Existing Permits – Discussion of whether the
changes would affect existing special use permits. The City Attorney has researched
the ability of the City to retroactively nullify past permits due to non-use and has not
been able to clearly determine if the City has the power to do so. The City has the
ability to subject new permits to time limits; however applying the proposed
changes to revoke an existing permit due to non-use may trigger a legal challenge.
Is it the intent of the Commission to place time limits on existing permits through
the adoption of this amendment?
Planning Commission Memorandum
VI-14
• Rationale for Recording Permits – Discussion of the purpose of recording permits
and who would do so. The issuance of a Special Use Permit provide for operation of
specific uses that run with the property (not the owner). Recording of a permit as
part of the property record more clearly provides for the uses and limitations to
successive property owners. The City would record permits as part of the
application fee.
• Issuing Permits Directly to the Operator, not the Owner – Discussion of limiting the
extent of a permit to only be valid for the original applicant; permits would not be
able to be transferred to new owners on the same property. Staff has confirmed
that Special Use Permits may not be limited to a specific owner, but must run with
the property.
Special Uses and Special Use Permits
The Zoning Code establishes both “permitted uses” and “special uses” within each zoning
district. Permitted uses are allowed by right, with no further action necessary by the
Planning Commission or City Council. Special uses may be allowed in a particular zoning
district via a Special Use Permit (SUP), subject to public notification, Planning Commission
review and City Council approval. The establishment of certain conditions are often a part
of SUP approval to ensure consistency with the neighborhood. Rights established under a
SUP are transferable to successive property owners (rights run with the property).
Board of Adjustment and Appeals
Under Chapter 30.02 of the City Code, the Board of Adjustment and Appeals is created and
given authority to issue a SUP. The chapter also designates the City Council to act as the
Board of Adjustment and Appeals.
Attachments:
• Ordinance Amendment
VI-14
1
PLANNING COMMISSION DRAFT – June 11, 2018
Changes to April 23rd Draft are in RED
ORDINANCE NO._____________, THIRD SERIES
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING HASTINGS CITY CODE RELATING TO SPECIAL USE PERMITS BE IT ORDAINED by the City Council of the City of Hastings as follows:
Chapter 30 of the Hastings City Code – City Organizations is hereby amended as follows (Additions to the ordinance are underlined and section numbers may be renumbered):
§ 30.02 BOARD OF ADJUSTMENT AND APPEALS.
(E) Powers and duties. (2) Special use permits. (b) Granting permit. 6. A certified copy of the special use permit shall be recorded with the county. (c) Limitations. 1. In any case where a special use permit has not been established within one year from approval by the Board of Adjustment and Appeals, the permit shall be null and void. 2. In any case where a use authorized by a special use permit is discontinued ceases operation for a period of one year three years or longer, the permit shall be null and void. In addition, where a use authorized by a special use permit is discontinued due to the successive operat ion of a different use upon the property the permit shall be null and void.
Chapter 155 of the Hastings City Code – Zoning Code is hereby amended as follows (Additions to the ordinance are underlined and section numbers may be renumbered):
§ 155.02 DEFINITIONS.
SPECI AL USE. A use that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision for the special uses is made in thi s Zoning Ordinance. Conditional Uses and Conditional Use
VI-14
2
Permits shall have a similar meaning as Special Uses and Special Use Permits. Chapter 30.02, Subd. (E)(2) establishes conditions governing application procedures, granting of permits, and limitations.
§ 155.53.5 EXTERIOR LIGHTING STANDARDS.
(B) Applicability. For all proposed new land uses, developments, buildings, and structures that require Site Plan or Conditional Special Use Permit approval, all outdoor lighting fixtures shall meet the requirements of the Ordinance. All existing and future lighting shall adhere to the footcandle illumination requirements of subsection (C)(4). Building additions or modifications of twenty-five (25) percent or more in terms of additional dwelling units gross floor area, or parking spaces, either with a single additional or with cumulative additions within a five (5) year period, shall invoke the requirements of this Ordinance for the entire property. All other sections shall remain unchanged. ADOPTED by the Hastings City Council on this 9th day of July, 2018
_________________________________ Paul J. Hicks, Mayor
ATTEST:
______________________________________________
Julie Flaten, City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 9th day of
July, 2018, as disclosed by the records of the City of Hastings on file and of record in the
office.
_____________________________________________
Julie Flaten, City Clerk
(SEAL)
This instrument drafted by: City of Hastings (JH)
101 4th St. East
Hastings, MN 55033
VI-14