If Commissioners have any comments, concerns or questions, they should contact the staff Project Manager prior to the scheduled meeting date. Also, if you are for any reason unable to attend the meeting, please call the Community Development Department (952) 233-9300 as soon as possible. Thank you! TENTATIVE AGENDA Shakopee Planning Commission Regular Session 7:00 p.m. December 8, 2016 Chair Mark Seifert Presiding LOCATION Council Chambers City Hall 129 Holmes Street South 1. Roll Call 2. Approval of Agenda 3. Recognition by Planning Commission of Interested Citizens. 4. Approve the minutes of October 6, 2016 and November 3, 2016. 5. PUBLIC HEARING: Adding Interim Uses to certain sections of City Code 6. Text Amendment to regulate location of Massage Establishments to the B-1 zone as a Conditional Use 7. Other Business 8. Adjourn to Thursday, January 5, 2017 at 7:00 p.m.
4. TO: Shakopee Planning Commission FROM: Tami Vidmar, Administrative Assistant DATE: 12/08/2016 SUBJECT: Approve the minutes of October 6, 2016 and November 3, 2016. Action Requested Approve the minutes of October 6, 2016 and November 3, 2016 as presented. October November Attachments
5. TO: Shakopee Planning Commission FROM: Kyle Sobota, Senior Planner DATE: 12/08/2016 SUBJECT: PUBLIC HEARING: Adding Interim Uses to certain sections of City Code Action Requested Offer a motion recommending that the City Council approve the proposed text amendment adding Interim Uses to certain sections of the City Code, and move its adoption. Introduction: The Planning Department is proposing a zoning text amendment to add a section in the zoning code on Interim Use Permits. Interim Use Permits function similarly to conditional use permits, but differ in that Interim Use Permits are allowed to expire by a triggering event; such as, a particular date, a particular event, or zoning regulations no longer allow the use. As an example, an interim use permit would be an attractive approval mechanism to allow exterior storage adjacent to vacant property that is guided and planned for residential uses, but will not receive city services for another 18 months. If the city were to grant a conditional use permit in this case, the conditional use permit would run with the land and the use would be permitted as long as the use continues and the conditions of approval are met. MN State Statute 462.3597 governs interim use provisions (attached). The draft ordinance includes language from MN State Statute and also additional language regarding timeframe, findings, submittal requirements, and conditions. The proposed timeframe is a maximum of two years, with an annual review after one year. Language is also included on receiving an extension of up to one year upon approval by the Board. To be considered for interim uses, the use must be considered as either a permitted or conditional use in the zoning district. Specific uses that would be considered as potential interim uses include mining, exterior storage, and agricultural uses. In Shakopee, the Board of Adjustment and Appeals makes the final decision on Conditional Use Permits, unless an appeal is filed, or the Conditional Use Permit is closely tied to another land use application will be reviewed by the City Council, such as a plat. The Board of Adjustment and Appeals would also review Interim Use Permits. The terms "Interim Use" will also be added to the definitions section. The proposed definition that matches State Statute is, "A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use." The section of the zoning ordinance related to the authorities of the Board of Adjustment and Appeals is also proposed to be amended to include the review of interim use permits.
State Statute Draft Ordinance Attachments
ORDINANCE NO. AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SECTIONS 151.002 DEFINITIONS, THE AMENDMENT OF SECTION 151.011, CONDITIONAL USE PERMITS, AND THE AMENDMENT OF SECTION 151.010 BOARD OF ADJUSTMENT AND APPEALS WHEREAS, The City of Shakopee has proposed an amendment to Section 151.002 Definitions, 151.010 Board of Adjustment and Appeals, and 151.011 Conditional Use Permits; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on December 8, 2016 at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission recommended that the City Code sections listed be amended to add Interim Use as a definition and supplemental Interim Use regulations. and WHEREAS, the City Council heard the matter at its meeting on, 2016; THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1. (Addition of all new code language) Section 151.002 (Definitions) be amended to read as follows: Use, Interim. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit the use. Section 2. (Underlined is the addition to the existing language) Section 151.010 Board of Adjustment and Appeals 1
(A) Powers and Duties. The Board of Adjustment and Appeals shall have the following powers and duties: 1. To hear requests for conditional use permits and interim use permits which are not closely related to a land use application requiring consideration by the Planning Commission and City Council. Section 3. (Addition of all new code language relating to interim use permits) Section 151.011, Conditional Use Permits (N) Interim Use Permits: (1) Purpose. The purpose of the interim use permit application process is to: a. Ensure sufficient information is provided by the applicant; b. Ensure interim uses comply with city code requirements; c. Ensure temporary uses remain temporary in nature; d. Ensure appropriate conditions are attached to enhance compatibility with surrounding uses; and e. Ensure interim use permit applications are processed in a manner consistent with state statutes. f. Interim use permits may be used for the temporary establishment of any use listed in any zoning district as a conditional use. (2) Initiation. An interim use permit application must be initiated by the owner of land upon which the interim use is proposed or by the City Council. If an interim use permit application is denied, an applicant may not submit a subsequent interim use permit application for the same use on the same site until one year has passed since the denial. (3) Public Hearing. After receipt of a completed application, a date shall be set for a public hearing before the Board of Adjustment and Appeals. Not less than 10 days prior to the public hearing, notice shall be published in the official newspaper and sent by mail to the applicant and of the owners of all properties located wholly or partially within 500 feet, as reflected in the records of the County Recorder. (4) Review and approval. Interim use permit applications must be reviewed and acted upon by the Board of Adjustment and Appeals. If the Board of Adjustment and Appeals action results in a tie vote, the interim use permit application is automatically sent to the City Council for their final action. (5) Appeal of Board of Adjustment and Appeals decision. The applicant or a member of the public may appeal the decision of the Board of Adjustment and Appeals to the City Council by submitting an appeal application request with supporting materials within 10 business days of the decision. The appellants will be given the opportunity to present their case in front of the City Council. (6) Conditions of approval. The entities empowered to review and take action on a given interim use permit application has the authority to attach conditions of approval to that application. (7) Findings. The following findings must be made prior to the approval of an interim use permit: a. The proposed use will not delay permanent development of the site; 2
b. The proposed use will not adversely impact implementation of the Comprehensive Plan or adopted plan for the area; c. The proposed use will not be in conflict with any provisions of the city code on an ongoing basis; d. The proposed use will not be injurious to the surrounding neighborhood or otherwise harm the public health, safety and welfare; e. The date or event that will terminate the use has been identified with certainty; and f. The property on which the use is situated has no open enforcement orders and there are no nuisance characteristics associated with the property or its current use. g. 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. h. The user agrees to any conditions that the governing body deems appropriate for permission of the use. (8) Expiration and termination. An interim use permit expires and the interim use must terminate at the earlier of: a. The expiration date established by the Board of Adjustment and Appeals / City Council at the time of approval, but in no event more than 2 years from the date of approval; b. The occurrence of any event identified in the interim use permit for the termination of the use; or c. Upon an amendment of the city code that no longer allows the interim use. d. Unused interim use permits expire six months after approval if the proposed use has not commenced or a complete building permit application for a structure to support the interim use has not been submitted to the city for review. A land owner may apply to the Zoning Administrator for no more than one time extension of up to six months for an unused interim use permit. e. Interim use permits expire if the interim use ceases operation for a continuous period of one year or longer. (9) Suspension or revocation. The Board of Adjustment and Appeals / City Council may suspend or revoke an interim use permit upon the failure of the permittee, owner, operator, tenant or user to comply with the provisions of this code, the laws of the state or any condition established at the time of approval of the interim use permit. A suspension or revocation of an interim use permit must be preceded by written notice to the permittee and a hearing. The notice must provide at least ten days notice of the time and place of the hearing and must state the nature of the charges against the permittee. The notice must be mailed to the permittee at the most recent address listed on the application. The hearing of a contested case is held by the City Council. (10) Standards. a. Term. The term of an interim use permit must not exceed two years. b.re-application. An interim use permit is subject to an annual review, but upon application for a time extension of the same use on the same site, succeeding interim use permits may be approved for up to one year each if the Board of Adjustment or City Council makes the findings set forth in subsection (G) above in the affirmative and also finds that all previous conditions of approval have been satisfied and that the use meets all code requirements or has received appropriate variances from those requirements. 3
(11) Content. Interim use permit applications must include the following information, unless exempted by the Zoning Administrator: a. An application form signed by the property owner(s) or authorized representative; b. A list of the names and addresses of owners of all properties situated wholly or partially within 500 feet of the property as such appear on the records of the County Record, or such larger area as specified in the applicable conditional use provisions. c. The required application fee. d. Written documentation that includes: 1. A complete description of the use; 2. Schedule for commencement and cessation of the use; 3. Size of the facility accommodating the use including the number of seats, students, customers and the like; 4. Hours and dates of operation; and 5. Anticipated employment. 6. Floor plan and/or site plan; e. If applicable due to site or building modifications, a separate but associated final site and building plan application or final development plan application; and f. Any special studies requested. The City Engineer or the Zoning Administrator may request special studies when there is evidence that the proposed use may negatively impact public infrastructure, the environment or adjacent land uses. Such studies may include, but are not limited to, traffic, environmental, storm water management, wetland, and utility studies. Findings: The City Council adopts the following findings of fact relating to the request to modify the language in the City s zoning ordinance regarding interim use permits. Criteria #1 Finding #1 Criteria #2 Finding #2 Criteria #3 Finding #3 That the original zoning ordinance is in error; The original ordinance is not in error, adding interim use permits as an option for land owners and developers allows for future orderly development. That significant changes in community goals and policies have taken place; There have not been significant changes in community goals and policies; That significant changes in City-wide or neighborhood development patterns have occurred; There has been evidence presented that city-wide or neighborhood development patterns have changed. Adding interim use permits as a land use approval option allows for certain uses to take place until such a time that the property is developed, a particular event occurs, or the zoning ordinance no longer allows the use. 4
Criteria #4 Finding #4 That the Comprehensive Plan requires a different provision; The Comprehensive Plan does not require a different provision. Effective Date. Ordinance No. shall be in effect from and after the date of its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of, 2016. ATTEST: Lori Hensen City Clerk William Mars, Mayor Published in the Shakopee Valley News on the day of, 2016. 5
6. TO: FROM: DATE: 12/08/2016 Shakopee Planning Commission Michael Kerski, Director of Planning and Development SUBJECT: Text Amendment to regulate location of Massage Establishments to the B-1 zone as a Conditional Use Caselog No 16050 Discussion The City of Shakopee currently regulates Massage Establishments under City Code Chapter 116: Massage Parlors. These regulations do not specify location. Like many uses, the City directs where they can be located. Staff is recommending that Massage Parlors, known in zoning as Massage Establishments, as a stand alone use, be allowed by Conditional Use only in the B-1 Highway Business Zone. The following text changes are recommended: (A) 151.002 DEFINITIONS. MASSAGE ESTABLISHMENTS. Those establishments where the principal use and service is providing therapeutic massage as defined in Chapter 116including any enterprise, establishment, or operation, whether under control of an individual or legal entity, providing or offering to provide massage therapy services within the city for a fee or other consideration paid either directly or indirectly, that: (a) Has 1 or more massage therapists employed or contracted to provide massage therapy services for the massage therapy business; or (b) Is located in a fixed location in a nonresidential zoning district within the city wherein massage therapy services are provided. (2) Any health or medical facility, office, or clinic operated by state licensed medical professional(s) or any health or medical-related business operated by state licensed medical professional(s) duly licensed under the provisions of M.S. 144.50 through 144.60, as they may be amended from time to time, which provides therapeutic massage to its patients, shall not be deemed to be a massage therapy business. 151.013 CONDITIONAL USE PERMIT STANDARDS FOR BUSINESS ZONES. (B)
(52) Massage Establishment.allowed only in B-1 zone. (a) Operation and operators shall meet all of the requirements of City Code Chapter 116 prior to application. (b) Windows and doors facing the primary street address shall be transparent and allow visibility into the establishment except for signage as permitted by the City Sign Code. (c) Locate at least 500 feet from a place of worship, school, park or other Massage Establishment. (d) Can be revoked for violation of City Code Chapter 116. Staff Recommendation Forward text amendment to City Council for approval. Action Requested Offer a motion of a positive recommendation of the text amendment to the City Council, and move its adoption.