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HomeMy Public PortalAbout363CITY OF MEDINA ORDINANCE NO.363 An Ordinance Adding new Sections 825.07, subd. 49.5; 832.04.1 and 825.73 et seq. to the Code of Ordinances Regarding Interim Uses The city council of the city of Medina ordains as follows: SECTION I: Sections 825.07, subd. 49.5; 832.04.1 and 825.61 et sec . are hereby added to the Medina code of ordinances as follows: Section 825.07, subd. 49.5. Interim Use — A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Section 832.04.1. Interim Uses. Within the business park district, the following uses shall be permitted by interim use permit: 1. asphalt and concrete recycling; and 2. processing and sale of topsoil, peat and similar natural products. Interim uses shall be further regulated under sections 825.61 et seq. of this ordinance. Section 825.73. Interim Uses- Purpose. The purpose of this ordinance is to allow the establishment or continuation of interim uses under specific and regulated conditions. Interim uses may be allowed by permit if the following conditions are met: a) the use conforms to the zoning regulations; b) the date or event that will terminate the use can be identified with certainty; c) 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 d) the user agrees to any conditions that the city council deems appropriate for permission of the use. Section 825.75. Application. The land owner or user shall submit an application for an interim use permit to the zoning administrator. The application shall be accompanied by the following information and documentation: a) legal description of the property; b) identification of the owner and user, if different; c) survey showing property boundaries; existing improvements, including buildings, parking areas, storage areas, utilities, drainage tiles and wells; topography of the site and area within 100 feet of the property boundaries with contours at 2-foot intervals; Ordinance No. 363 1 significant trees and existing vegetation; easements of record, including the dimensions thereof; and wetlands; d) site plan of proposed improvements showing all buildings, parking areas, storage areas, driveways, access points, berms, easements, and adjacent public or private streets; e) floor plans and building elevations, including list of building materials, showing a sketch or computer -generated image of proposed buildings as viewed from surrounding uses; f) site plan of existing uses on property in non-residential zones adjacent to the site and on property in residential zones within 720 feet of the site, measured at the closest point, showing buildings, entrances and other significant features and illustrating sight lines to the proposed use; g) proposed grading plan with contours at 2-foot intervals; h) soils map; i) tree preservation plan; j) landscaping plan, including species and sizes; k) drainage and storm water plan; 1) utility plan; m) sign plan; n) lighting plan; o) table of all proposed uses by type and square footage, including estimated water and sanitary sewer usage; p) statement of the date or event terminating the use; and q) application fee. Subd. 3. Upon receipt of an application for an interim use permit, the zoning administrator shall review the material submitted and determine whether the application is complete. If the application is not complete, the zoning administrator shall notify the applicant in writing and shall specify the additional documentation or information that the applicant will be required to submit before the application will be considered complete. When the application is complete, the zoning administrator shall refer the matter to the planning commission for review and public hearing. Section 825.77. Planning Commission Review; Public Hearing. Subd. 1. The planning commission shall review the proposed interim use permit on the basis of the information and documentation submitted by the applicant and any other information available to it. The planning Ordinance No. 363 2 commission shall hold a public hearing on the proposed interim use. Notice of the time, place and purpose of the hearing shall be published in the city's official newspaper at least ten days prior to the date of the hearing. Notice shall also be mailed at least ten days prior to the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the interim use relates. Subd. 2. The planning commission shall review the proposed interim use to determine whether it is consistent with the requirements of this ordinance. Following the public hearing, the planning commission shall recommend that the interim use be approved with conditions or denied. The planning commission shall forward its recommendation to the city council along with a list of suggested conditions if it recommends approval of the permit. Section 825.79. City Council Review; Amendment. Subd. 1. The city council shall consider the recommendation of the planning commission after receipt of its report and may consider any additional information or conduct such additional review, if any, as it determines would serve the public interest. The city council shall approve with conditions or deny the interim use permit. The city council shall condition its approval in any manner it deems reasonably necessary in order to promote public health, safety or welfare and to achieve compliance with this ordinance. The city council may require the applicant to enter into an agreement including such provisions as it deems reasonably required to ensure compliance with this ordinance and the terms and conditions of the city's approval. Subd. 2. An application to amend an approved site plan shall be reviewed under this section in the same manner as an initial application for an interim use permit. Section 825.81. Termination. An interim use shall terminate upon the date or the occurrence of the event established in the permit or upon such other condition specified by the city. Notwithstanding anything herein to the contrary, an interim use may be terminated by a change in zoning regulations applicable to the use or land upon which it is located. SECTION II: This ordinance shall become effective upon its adoption and publication. Adopted by the city council of the city of Medina this 17th day of February, 2004. ATTEST: ,- m Lane, Acting Mayor Chad M. Adams, Administrator -Clerk -Treasure Published in the South Crow River News this 231.d day of February, 2004. Ordinance No. 363 3