Planning Commission City Hall Council Chambers Call To

2B. CUP Process
Adjourn
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http://www.ci.faribault.mn.us/74e4d702-0785-4ea1-8b5c-c1499de5c04b
REGULAR MEETING
IS CANCELLED
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FARIBAULT PLANNING COMMISSION
1. CALL TO ORDER
2. ITEMS FOR DISCUSSION) A. Mike Tousignant – 123 & 127 NW 14th St – Rezone B. CUP process - required findings
3. ROUTINE BUSINESS
A. Update on City Council Action B. EDA Update C. Next Meeting – Tuesday, February 21, 2017
4. ADJOURN
Applicant: Michael Tousignant, Property Owner
Request: The property owner has asked for informal Planning Commission discussion and comments on the feasibility of rezoning two lots near the corner of 14th Street NW and 2nd Ave NW in order to make the site more marketable.
From: Peter J. Waldock, AICP, Planning Coordinator
BACKGROUND
The property owner, Michael Tousignant, owns two lots near corner of 14th Street NW and 2nd Avenue NW. 123 14th Street NW is occupied by a small building that is zoned R-2 Low Density Residential District. 127 14th St. NW is occupied by a small retail building with parking area and is zoned C-1, Neighborhood Commercial. There is a single family home to the south of it which appears to encroach onto the subject property with the attached garage to the east and with the driveway to the north. The corner building had most recently been used as a Pet grooming business. It had been other businesses.
The property owner feels that the C-1 District currently in place is too restrictive to attract new businesses to the space. Specifically of concern is that the list of allowed uses is limited in type and number. The property owner feels that some businesses that have expressed interest in the property have not been permitted uses in this District. For this reason, the owner is considering an application for C-2, Highway Commercial District which permits a greater variety of uses. Chapter 11 of the UDO is provided with this report including the list of permitted uses in each District for comparison and discussion. As part of the rezoning application he would combine the
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two lots for more parking and building area and would rezone and re-guide (amend the Comprehensive Plan) both for the C-2, commercial district designation.
DISCUSSION
The Comprehensive Plan for the area calls for commercial uses at the corner site (127 14th St. NW), and medium density residential uses for rest of the block. The site is bordered by industrial districts and uses to the north and west. Single Family uses are adjoining to the south and east. Zoning on this block is C-1 for only one lot (at the corner of 2nd Ave. and 14th St.), the balance of the block is zoned R-2, Low Density Residential District.
The intent and purpose of the C-1 District is for the convenience of the residents in the immediate neighborhood. The permitted uses are considered appropriate for close proximity to adjoining residences. It is not intended for businesses that draw customers from entire the community or outside of the City. By the nature of the intended use of this District small district size even on an individual lot (spot zoning) is reasonable and is acceptable where spot zoning is not acceptable or appropriate for other district. To evaluate the zoning districts for comparison in this matter, I have attached a copy of the Commercial Zoning Districts use tables with this report.
Instead of rezoning it may be feasible to consider amending the C-1 District regulations to allow additional uses similar to some in the C-2 District, subject to adherence to new development standards for this district. This may be one method of allowing more permitted uses and still protect neighboring owners by enhanced screening, noise, sound, odor and lighting controls.
APPLICABLE CODE SECTIONS
Sec. 2-140. Purpose of zoning amendments.
Amendments to the text of the this ordinance and the official zoning map are made for the purpose of promoting the public health, safety, and general welfare, and in consideration of changing conditions, conservation of property values, the trend of development, and the current and anticipated future uses of property.
Sec. 11-150. Purpose. (C-1)
The purpose of the neighborhood commercial district is to provide for the establishment of local centers for convenience, office, retail, or service outlets. These centers are located in close proximity to residences and are to be arranged and designed to be a functional and harmonious part of a residential neighborhood. It is the intent of this ordinance that the location and nature of these commercial activities be reasonably serviced with public sidewalks or other pedestrian access. The district is not intended to draw customers from the entire community, but to be limited in size and number of uses to assure continued compatibility with surrounding residential uses.
REQUIRED FINDINGS FOR REZONING
Section 2-180 of the UDO includes five required findings as a prerequisite for approval of rezoning applications.
Sec. 2-180. Required findings on zoning amendments.
The City Council shall make each of the following findings before granting approval of a
request to amend this ordinance or to change the zoning designation of an individual property:
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(1) Whether the amendment is consistent with the applicable policies of the city's Land Use
Plan.
(2) Whether the amendment is in the public interest and is not solely for the benefit of a single
property owner.
(3) Whether the existing uses of property and the zoning classification of property within the
general area of the property in question are compatible with the proposed zoning
classification, where the amendment is to change the zoning classification of a particular
property.
(4) Whether there are reasonable uses of the property in question permitted under the existing
zoning classification, where the amendment is to change the zoning classification of a
particular property.
(5) Whether there has been a change in the character or trend of development in the general
area of the property in question, which has taken place since such property was placed in
its present zoning classification, where the amendment is to change the zoning
classification of a particular property.
REQUESTED ACTION
Discussion of the potential rezoning and alternatives for feedback to the owner and staff.
ATTACHMENTS
1. Letter from Michael Tousignant dated January 25, 2017 2. Property Survey 3. Maps 4. Photos 5. Code Sections
3R D A
Legend Parcel Boundaries Mailing Parcels FUTURE ROW; ROW RR ROW
COMM RIVER COMM DOWNTOWN COMM HWY
High Density Residential INDUSTRIAL INDUSTRIAL PARK Low Density Residential
Medium Density Residential Mixed Use Parks, Trails and Open Space; PARK PUBLIC - SEMI PUBLIC
SCHOOLS URBAN RESERVE
January 31, 2017
This map is updated periodically to reflect amendmentsand should be used for general reference purposes. The map is current as of the date of the map. Specificinquiries should be directed to the Planning Division at (507) 334-01008 1 inch = 100 feet Prepared By:
Planning & Zoning Division0 50 10025 Feet
MICHAEL A TOUSIGNANT FARIBAULT INVESTMENTS LLCComprehensive Plan Map
Commercial Guided
C-1 Neighborhood Commercial C-2 Highway Commercial C-3 Community Commercial CBD Central Business District I-1 Light Industrial
I-2 Heavy Industrial I-P Industrial Park O Open Space / Agricultural R-1 Single Family Residential R-1A Single and Two Family Residential
R-2 Low Density Residential R-3 Medium Density Residential R-4 High Density Residential RM Residential Manufactured Home District TUD Transitional Urban Development
January 31, 2017
This map is updated periodically to reflect amendmentsand should be used for general reference purposes. The map is current as of the date of the map. Specificinquiries should be directed to the Planning Division at (507) 334-01008 1 inch = 100 feet Prepared By:
Planning & Zoning Division0 50 10025 Feet
MICHAEL A TOUSIGNANT FARIBAULT INVESTMENTS LLCComprehensive Plan Map
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Sec. 11-160. Uses.
Sec. 11-190. Permitted accessory structures and uses.
Sec. 11-200. Maximum height.
Sec. 11-220. Truck and commercial vehicle parking for non-residential uses.
Sec. 11-150. Purpose.
The purpose of the neighborhood commercial district is to provide for the establishment of local centers for convenience, office, retail, or service outlets. These centers are located in close proximity to residences and are to be arranged and designed to be a functional and harmonious part of a residential neighborhood. It is the intent of this ordinance that the location and nature of these commercial activities be reasonably serviced with public sidewalks or other pedestrian access. The district is not intended to draw customers from the entire community, but to be limited in size and number of uses to assure continued compatibility with surrounding residential uses.
(Ord. No. 99-20, § 1, 11-23-99)
Sec. 11-160. Uses.
Permitted and conditional uses in the C-1 District shall be as specified in Table 11-1.
(Ord. No. 99-20, § 1, 11-23-99)
Sec. 11-170. General district regulations.
The following conditions govern uses in the C-1 District:
(1) Maximum floor area. All commercial uses shall be limited to a maximum gross floor area of twenty thousand (20,000) square feet.
(2) Wholesale and off-premise sales. Wholesale and off-premise sales accessory to retail sales shall be limited to two thousand (2,000) square feet of gross floor area or forty-five (45) percent of gross floor area, whichever is less, provided that the main entrance opens to the retail component of the establishment.
(3) Drive-through facilities and car washes prohibited. Drive-through facilities and car washes shall be prohibited.
(Ord. No. 99-20, § 1, 11-23-99)
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Sec. 11-180. Enclosed building requirement.
(A) In general. All production, processing, storage, sales, display, or other business activity in the C-1 district shall be conducted within a completely enclosed building, except as otherwise provided in (B) and (C) below or elsewhere in this ordinance.
(B) Outdoor sales and display. Retail merchandise may be displayed on a temporary basis on the sidewalk immediately in front of the principal building or displayed at convenience store gasoline pump islands, provided that such display does not interfere with pedestrian or vehicle traffic.
(C) Outdoor dining area. Facilities offering outside dining shall be allowed provided that the standards identified for such use in Chapter 7, Specific Development Standards, are satisfied.
(Ord. No. 99-20, § 1, 11-23-99)
(A) In general. Permitted accessory uses within the C-1 district include maintenance and parking facilities, mechanical equipment, and other buildings and structures which are necessary to the operation of the principal use.
(B) Child care center as an accessory use to a principal commercial activity and for the exclusive service to employees of that activity.
(C) Temporary structures for storage of equipment and materials used in connection with construction of a lawfully authorized use, not to exceed two years.
(Ord. No. 99-20, § 1, 11-23-99)
The maximum height of all principal structures located in the C-1 District shall be two (2) stories or twenty-eight (28) feet, whichever is less.
(Ord. No. 99-20, § 1, 11-23-99)
Sec. 11-210. Maximum ground coverage.
The sum total of ground area covered by all structures shall not exceed fifty (50) percent of the total lot area. The sum total of ground area covered by all structures and off-street parking and loading areas shall not exceed seventy-five (75) percent of the total lot area.
(Ord. No. 99-20, § 1, 11-23-99)
Outdoor parking of trucks and other commercial vehicles shall be limited to single rear axle vehicles of not more than fifteen thousand (15,000) pounds gross vehicle weight.
(Ord. No. 99-20, § 1, 11-23-99)
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Sec. 11-240. Uses.
The purpose of the highway commercial district is to provide for a wide range of vehicle-oriented commercial uses, with emphasis on wholesale and bulk sales, convenience shopping and food, automobile services, motels, and other activities related to highway traffic. Such district shall be located adjacent to a major arterial roadway that provides highway access and exposure.
(Ord. No. 99-20, § 1, 11-23-99)
Sec. 11-240. Uses.
Permitted and conditional uses in the C-2 district shall be as specified in Table 11-1.
(Ord. No. 99-20, § 1, 11-23-99)
Sec. 11-250. General district regulations.
The following conditions govern uses in the C-2 district:
(1) Maximum floor area. All commercial uses, including shopping centers, shall be limited to a maximum gross floor area of one half of the square footage of the parcel for a floor area ration of 0.5. The term "gross floor area" shall be defined as the exterior floor dimensions of the building, structure, or use multiplied by the number of floors. The gross floor area shall not include areas of structures that are used solely for parking.
(2) Wholesale and off-premise sales. Wholesale and off-premise sales accessory to retail sales shall be limited to four thousand (4,000) square feet of gross floor area or forty-five (45) percent of gross floor area, whichever is less, provided that the main entrance opens to the retail component of the establishment.
(3) Drive-through facilities permitted. Drive-through facilities are permitted, subject to the standards of Chapter 4, Site Plan Review and Chapter 8, Off-Street Parking and Loading.
(4) Production, processing, and storage. Limited production and processing uses shall be limited to one thousand two hundred (1,200) square feet of gross floor area. Other production, processing, and storage uses shall be limited to four thousand (4,000) square feet of gross floor area.
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(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2004-32, § 1, 1-11-05)
Sec. 11-260. Enclosed building requirement.
(A) In general. All production, processing, storage, sales, display, or other business activity shall be conducted within a completely enclosed building, except as otherwise provided in (B) through (E) below or elsewhere in this ordinance.
(B) Outdoor storage. Outdoor storage may be allowed as an accessory use provided that the standards for such use, as identified in Chapter 7, Specific Development Standards, are met.
(C) Outdoor sales and display. Retail merchandise may be displayed on a temporary basis on the sidewalk immediately in front of the principal building or displayed at convenience store gasoline pump islands, provided that such display does not interfere with pedestrian or vehicle traffic. In addition, the following principal uses may include outdoor sales and display provided that the standards for such use, as identified in Chapter 7, Specific Development Standards, are met:
(1) Automobile sales, service, or rental.
(2) Lawn and garden center or greenhouse.
(3) Truck, trailer, boat, or recreational vehicle sales, service, or rental.
(4) Building material sales.
(5) General retail sales.
(D) Outdoor speakers. Outdoor speakers shall not be audible from a residential district boundary or residential use.
(E) Outdoor dining area. Facilities offering outside dining shall be allowed provided that the standards identified for such use in Chapter 7, Specific Development Standards, are satisfied.
(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2005-33, § 1, 12-13-05)
(A) In general. Permitted accessory uses within the C-2 district include maintenance, storage, and parking facilities, mechanical equipment, and other buildings and structures which are necessary to the operation of the principal use.
(B) Child care center as an accessory use to a principal commercial activity and for the exclusive service to employees of that activity.
(C) Temporary structures for storage of equipment and materials used in connection with construction of a lawfully authorized use, not to exceed two (2) years.
(Ord. No. 99-20, § 1, 11-23-99)
The maximum height of all principal structures located in the C-2 district shall be three (3) stories or forty-two (42) feet, whichever is less.
(Ord. No. 99-20, § 1, 11-23-99)
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Sec. 11-290. Maximum ground coverage.
The sum total of ground area covered by all structures shall not exceed fifty (50) percent of the total lot area. The sum total of ground area covered by all structures, exterior storage areas, and off-street parking and loading areas shall not exceed eighty (80) percent of the total lot area.
(Ord. No. 99-20, § 1, 11-23-99)
Outdoor parking of trucks and other commercial vehicles shall be limited to single rear axle vehicles of not more than fifteen thousand (15,000) pounds gross vehicle weight, when located within three hundred (300) feet of a residential district boundary. There shall be no limit on the size of trucks and other commercial vehicles when located more than three hundred (300) feet from a residential district.
(Ord. No. 99-20, § 1, 11-23-99)
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CHAPTER 11. COMMERCIAL DISTRICTS
[ARTICLE 1.] - GENERAL PROVISIONS
ARTICLE 1. GENERAL PROVISIONS
Sec. 11-40. Accessory buildings and structures.
Sec. 11-50. Height.
Sec. 11-70. Building design and construction.
Sec. 11-80. Site design considerations.
Sec. 11-90. Application of building and site design standards.
Sec. 11-100. Lot dimension and building bulk regulations.
Sec. 11-110. Parking and loading requirements.
Sec. 11-120. Truck and commercial vehicle parking.
Sec. 11-130. Signs.
The commercial districts are established to provide a range of goods and services for city residents, to promote employment opportunities and the adaptive reuse of existing commercial buildings, and to maintain and improve compatibility with surrounding areas.
(Ord. No. 99-20, § 1, 11-23-99)
Sec. 11-20. District names.
C-1, Neighborhood Commercial District
C-2, Highway Commercial District
C-3, Community Commercial District
CBD, Central Business District
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Sec. 11-30. Principal uses for the commercial districts.
(A) In general. All permitted and conditional uses allowed in the commercial districts are listed in Table 11-1
(B) Permitted uses. Uses specified with a "P" are permitted in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance. Persons wishing to establish a permitted use shall obtain a zoning certificate for such use as specified in Sections 2- 190 through 2-250
(C) Conditional uses. Uses specified with a "C" are allowed as a conditional use in the district or districts where designated, provided that the use complies with all other applicable provisions of this ordinance. Persons wishing to establish or expand a conditional use shall obtain a conditional use permit for such use as specified in Sections 2-260 through 2-340
(D) Prohibited uses. Any use not listed as either "P" (permitted) or "C" (conditional) in a particular district or any use not determined by the City Planner to be substantially similar to a use listed as permitted or conditional shall be prohibited in that district. Such determination shall be made in the manner provided for in Section 2-50 governing determination of substantially similar uses.
(E) Specific development standards. Permitted and conditional uses specified with an "x" under the Specific Development Standards column shall be subject to the standards identified in Chapter 7, Specific Development Standards.
(F) Generalized use categories. Table 11-1 employs generalized use categories for some types of commercial uses. A particular use may be determined to be within a generalized use category if not listed specifically elsewhere in Table 11-1 and if not determined to be within another less restrictive generalized use category. Determination of whether a particular use is included within a generalized use category shall be made by the City Planner in the manner provided for in Section 2-50 governing determination of substantially similar uses.
(1) General retail sales and services. General retail sales and services uses include the retail sale of new products or the provision of services to the general public that produce minimal off-site impacts. General retail sales and services include the following uses:
(a) Automobile parts and accessories.
(b) Bakery/catering service.
(e) Clothing and accessories.
(g) Drug store.
(h) Dry-cleaning establishment.
(j) Film developing/photographic supplies.
(n) Locksmith.
(q) Picture framing.
(r) Shoe repair/tailor.
(s) Sporting goods/bait and tackle.
(2) Limited production and processing. Limited production and processing uses include activities that are consistent and compatible with retail sales and services. These uses produce minimal off-site impacts due to their limited nature and scale. Limited production and processing is allowed as a principal use, and may include wholesale and off-premise sales, subject to other restrictions established in this ordinance. Limited production and processing includes the following uses:
(a) Apparel and other finished products made from fabrics.
(b) Computers and accessories, including circuit boards and software.
(c) Electronic components and accessories.
(d) Film, video and audio recording.
(e) Food and beverage products, except no live slaughter or grain milling.
(f) Jewelry, ornamental ceramics and pottery.
(g) Precision medical and optical goods.
(h) Signs and advertising devices.
(i) Visual arts, not including performances.
(j) Watches and clocks.
Table 11-1. Principal uses in the commercial districts.
Use District Development
Retail sales and services
General retail sales and services P P P P C
Ambulance facility - C - - C X
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Bank or financial institution - P P P C
Boat and marine sales - P P - C
Bookstore P P P P C
Building material sales - P P - C
Child care center C P P P C X
Digital Billboards - C C - C see 9-160(I)
Firearms dealer - P P - C X
Funeral home - P P P C X
Greenhouse, lawn and garden supplies - P P P C
Grocery or convenience store C P P P C
Laundry, self-service - P P P C X
Pawn shop - P P P C
Performing, visual, or martial arts school - P P P C
Pet store - P P P C X
Photocopying P P P P C
Recreational vehicle sales and service - P P - C
Rental of household goods and equipment - P P P C
Shopping center C P P P C
Small engine repair - P P P -
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Veterinary clinic - P P P C X
Video store P P P P C
Offices C P P P C X
Automobile services
Automobile rental - P P P - X
Automobile repair, minor - P P C C X
Automobile repair, major - C C C - X
Automobile sales - P P - - X
Transportation
Car wash - P P - C X
Food and beverages
Brewery - C C C C X
Coffee shop with limited entertainment P P P P C X
Liquor store - P P P C
Restaurant, drive-through - C C C C X
Restaurant C P P P C X
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Restaurant with general entertainment C P P P C X
Commercial recreation, entertainment and
Bowling alley - P P - C
Hotel, motel - P P P C
Indoor recreational facility - P P C -
Outdoor recreation area - C C C P X
Sports and health facility P P P P C
Theater, indoor - P P C C
Institutional and public uses
Early childhood education center C P P P C X
Schools, vocational or business C P P C C
Parking facilities, ramps C C C C C X
Social, cultural, charitable, and recreational
facilities
Clubs and lodges C P P P C
Community center C P P C - X
Library C P P P -
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Park P P P P P
Religious institutions
Health and medical facilities
Laboratory, medical or dental - P P P C
Hospital - C C - - X
Production, processing, and storage
Limited production and processing - P P - - X
Contractor office and showroom - P P P - X
Furniture moving and storage - P P - -
Industrial machinery and equipment, sales, service, and
rental - P P - C
Packaging of finished goods - P P P -
Printing and publishing - P P P -
Self-service storage facility - P P C C
Wholesaling, warehousing, and distribution - P P C - X
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Dwelling unit as part of mixed-use structure - - - P C X
Multiple-family dwelling C C C C -
Dwelling in conjunction with business C C C C C X
Congregate living
Residential care facility, serving six or fewer persons C C C C C
Residential care facility, serving seven to sixteen persons C C C C C X
Residential care facility, serving seventeen to thirty-two
persons - C C - X
Nursing home, senior housing facility C C C C X
Public service and utilities
see
section
6-230
Essential services P P P P
Electricity generation plant, non-nuclear - C C -
Governmental buildings and structures C P P P
Governmental buildings and structures (other than those
used primarily as offices) - C C C C X
Public utility buildings and structures C P P P
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(Ord. No. 99-20, § 1, 11-23-99; Ord. No. 2001-15, § 1, 8-28-01; Ord. No. 2002-13, § 1, 6-25-02;
Ord. No. 2002-16, § 1, 8-13-02; Ord. No. 2004-14, § 1, 6-8-04; Ord. No. 2006-21, § 5, 9-26-06;
Ord. No. 2008-15, § 1, 6-24-08; Ord. No. 2008-25, § 3, 2-24-09; Ord. No. 2010-06, § 3, 5-25-10;
Ord. No. 2013-005, § 1, 8-13-13; Ord. No. 2013-009, § 9, 11-26-13)
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Applicant: City Council
Request: Planning has asked for further review and discussion of a previously considered but not yet adopted ordinance to revise the required findings for CUP
From: David Wanberg, AICP, City Planner Peter Waldock, AICP, Planning Coordinator
BACKGROUND
At its last meeting the Planning Commission asked staff to schedule a work session discussion of the proposed changes in the ordinance regarding the required findings for approval of Conditional Use Permits (CUP).
Initially, the City Council had expressed concerns about the required findings. Specifically, the Council stated that it is difficult for the Council to find that “the conditional use will not substantially diminish the value of neighboring properties.” The Council had reviewed and discussed the City’s current findings requirements during the August 30, 2016 Joint Committee meeting. Council directed Staff and the Planning Commission to review the required findings for approving a CUP, and to make recommendations to clarify or eliminate vague or unnecessary required findings.
In response to this request, the Planning Commission held a public hearing on September 6, 2016, to amend the UDO and reduce the number of required findings for CUP approval. The Zoning Text Amendment was tabled by the City Council on September 13, 2016.
In tabling consideration of the Ordinance, the Council directed Staff to bring the proposed ordinance amendments for Council consideration after a meeting with the Joint Committee and Planning Commission was held, and prior to a final decision by the City Council.
A Motion by Council member Voracek, seconded by Council member VanDyke, carried unanimously, to table Ordinance 2016-12 related to findings for approval of Conditional Use Permits.
OVERVIEW OF CONDITIONAL USE PERMITS AND REQUIRED FINDINGS
A conditional use is a use, which because of its special requirements or characteristics, may be allowed after a public hearing, a recommendation from the Planning Commission, and a decision from the City Council showing that a use in a specified location will comply with the standards and conditions of the Ordinance. In their approval of a conditional use, the City
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Council can attach reasonable conditions that it deems necessary to mitigate adverse impacts associated with the conditional use and to achieve the objectives identified elsewhere in the ordinance
State Statutes do not specify required findings for approval of a conditional use permit. Cities set their own required findings. At a minimum, most cities require that the City make the following two findings:
1. The conditional use is consistent with the applicable policies of the Comprehensive Plan; and
2. The conditional use, in all other respects, conforms to the applicable regulations of the district in which it is located, except to the extent that such regulations have been modified through the variance process, the planned unit development process, or similar process.
Beyond the above two findings, cities vary greatly on the additional findings (if any) that they require. Faribault’s Unified Development Ordinance requires that a conditional use must be consistent with all of the following 11 required findings of approval.
1. The conditional use will not be detrimental to or endanger the public health, safety, comfort, convenience, or general welfare.
2. The conditional use will not be injurious to the use and enjoyment of other property in the vicinity and will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
3. The conditional use will be designed, constructed, operated, and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area.
4. The conditional use will not impose hazards or disturbing influences on neighboring properties.
5. The conditional use will not substantially diminish the value of neighboring properties.
6. The site is served adequately by essential public facilities and services, including utilities, access roads, drainage, police and fire protection, and schools or will be served adequately as a result of improvements proposed as part of the conditional use.
7. Development and operation of the conditional use will not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community.
8. Adequate measures have been or will be taken to minimize traffic congestion in the public streets and to provide for adequate on-site circulation of traffic.
9. The conditional use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance to the community.
10. The conditional use is consistent with the applicable policies and recommendations of the city’s Land Use Plan or other adopted land use studies.
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11. The conditional use, in all other respects, conforms to the applicable regulations of the district in which it is located.
While well intentioned, some required findings are ambiguous or problematic. For example, the City Council raised the issue of whether the City would have to require an independent appraisal of all surrounding properties before the City could find that a conditional use “will not substantially diminish the value of neighboring properties”.
PROPOSED AMENDMENTS TO THE REQUIRED FINDING FOR APPROVING OR DENYING A CONDITIONAL USE PERMIT
In response to the City Council’s concerns regarding the findings for approving a conditional use, staff suggested streamlined findings of approval and clearly stated potential findings that could be used to deny a conditional use.
1. Approval of a Conditional Use Permit Request. The City Planner proposes that the City simplify the findings for approval of a conditional use permit as follows:
The conditional use is consistent with the applicable policies and recommendations of the City’s Comprehensive Plan and other pertinent adopted plans.
The conditional use, in all other respects, conforms to the applicable regulations of the district in which it is located, applicable specific use standards, and other applicable ordinances, except to the extent that such regulations have been modified through the planned unit development process, the variance process, or a similar process.
The City Council may provide other findings in support of their approval of a request for conditional use permit.
This approach finds that the City should approve a conditional use if it consistent with the Comprehensive Plan and the Ordinance. However, the City may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditional use. For example, the City could require a religious institution in a low-density residential neighborhood to provide screening and landscaping above the requirements of the Ordinance to screen the neighborhood from the additional parking and traffic in the area.
2. Denial of a Conditional Use Permit Request. Rather than requiring the City to find that a conditional use is consistent with a detailed list of required findings, the City Planner believes it is more appropriate for the City to deny a conditional use based on ways that it is inconsistent with the Ordinance. In short, the City could deny a conditional use by specifically identifying how the use endangers the health, safety, or welfare of the public. For example, the City Council could deny a conditional use based on a finding that the use would endanger public safety because it would not provide adequate measures to minimize traffic congestion in the public streets.
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The proposed Ordinance amendment simplifies the conditional use permit approval process and allows the City Council broad authority to attach reasonable conditions of approval. It also adds language regarding findings for denying a conditional use. Something not previously included in the ordinance.
REQUESTED ACTION
Further discussion to consider additional direction on the proposed zoning text amendment in preparation for a joint meeting with the City Council on this matter.
ATTACHMENTS
1. Draft Ordinance 2. Comparative Table 3. Minutes of the 9/13/2016 City Council Meeting
Page 1 of 7
AMEND CHAPTER 2, ARTICLE 7 OF THE CITY OF FARIBAULT
UNIFIED DEVELOPMENT ORDINANCE RELATED TO
CONDITIONAL USE PERMITS
WHEREAS, the City Council of the City of Faribault directed City Staff and the City
Planning Commission to review Chapter 2, Article 7 of the Unified Development Ordinance
related to conditional use permits to ensure that the required findings for approval of a
conditional use permit are clear, concise and appropriate; and
WHEREAS, City Staff has completed a review of said application and made a report (RZ
43-16) to the Planning Commission, a copy of which has been presented to the City Council;
and
WHEREAS, the Planning Commission, on September 6, 2016, following proper notice,
held a public hearing regarding the request by City Council to amend Chapter 2, Article 7 of the
Faribault Unified Development Ordinance related to conditional use permits; and
WHEREAS, at the close of the public hearing on September 6, 2016, the Planning
Commission made written findings and recommended that the City Council approve
amendments to Chapter 2, Article 7 of the City of Faribault Unified Development Ordinance
related to conditional use permits; and
WHEREAS, based upon the City Planner’s report to the Planning Commission, the
results of the public hearing, and the discussion of the Planning Commission, the Planning
Commission finds that that amendments to Chapter 2, Article 7 of the Unified Development
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Ordinance related to conditional use permits is appropriate with the following findings as
required by Section 2-180 of the City’s Unified Development Ordinance:
1. Required Finding: Whether the amendment is consistent with the applicable
policies of the City’s Land Use Plan.
Expanded Finding: The text amendment specifically states that approval of a
conditional use permit must be consistent with the applicable policies of the City’s
Comprehensive Plan, which includes the City’s Land Use Plan. The proposed text
amendment is consistent with the applicable policies of the City’s Land Use Plan.
2. Required Finding: Whether the amendment is in the public interest and is not
solely for the benefit of a single property owner.
Expanded Finding: The text amendment helps ensure that conditional uses in the
city do not negatively affect the health, safety, and welfare of the public. The
amendment does not exclusively benefit any single property owner.
3. Required Finding: Whether the existing uses of property and the zoning
classification of property within the general area of the property in question
are compatible with the proposed zoning classification, where the amendment
is to change the zoning classification of a particular property.
Expanded Finding: The text amendment does not change the zoning classification
of any property in the city.
4. Required Finding: Whether there are reasonable uses of the property in
question permitted under the existing zoning classification, where the
amendment is to change the zoning classification of a particular property.
of any property in the city. The text amendment does not affect which uses are
permitted, conditional, or prohibited in the zoning districts. Rather it amends the
process for reviewing and taking action on a conditional use permit request.
5. Required Finding: Whether there has been a change in the character or trend
of development in the general area of the property in question, which has
taken place since such property was placed in its present zoning
classification, where the amendment is to change the zoning classification of a
particular property.
of any property in the city.
WHEREAS, the City Council held a public meeting on September 13, 2016 to conduct
the first reading of Ordinance 2016-xx, at which time the City Council considered the City
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Planner’s report, the summary results of the public hearing, and the written findings and
recommendation of the Planning Commission related to the proposed text amendment to the
Unified Development Ordinance; and
WHEREAS, the City Council of the City Faribault concurred with the recommendation
and findings of the Planning Commission as stated in the above recitals and made the identical
findings related to the text amendment and approved the first reading of Ordinance 2016-xx:
Amend Chapter 2, Article 7 of the City’s Unified Development Ordinance related to Conditional
Use Permits; and
WHEREAS, the City Council also held a public meeting on September 27, 2016, at
which the City Council approved a second reading of Ordinance 2016-xx: Amend Chapter 2,
Article 7 of the City’s Unified Development Ordinance related to Conditional Use Permits.
NOW, THEREFORE, THE CITY OF FARIBAULT ORDAINS:
Section 1: Findings. The recitals set forth in this Ordinance are incorporated into and made a
part of this Ordinance, and where applicable, constitute the findings of the City Council.
Section 2: Ordinance Amendment. Chapter 2, Article 7 of the City of Faribault Unified
Development Ordinance is hereby amended as follows. The deleted language is represented
with strikethrough text. The new language is represented with underlined text.
ARTICLE 7. CONDITIONAL USE PERMITS
2-260. Purpose of conditional use permits. A conditional use permit is a zoning
device that is intended as a means of reviewing uses which, because of their unique
characteristics, cannot be permitted as a right in a particular zoning district, but may be
allowed upon demonstration that such use meets identified standards established within
this ordinance. A conditional use permit is granted for the particular use of a specific
property, and may be transferred to subsequent owners so long as the use does not
change.
2-270. Application for conditional use permit. Any person having a legal or equitable
interest in a property may file an application for such use when it is identified as a
conditional use within the zoning district in which the property is located. An application
for a conditional use permit shall be filed with the City Planner on an approved form, as
specified in Section 2-90. A written description of the proposed use and a detailed site
plan, including information as specified in Section 4-30, shall also accompany the
application form unless specifically waived by the City Planner.
2-280. Hearing on application for conditional use permit. The Planning Commission
shall hold a public hearing on each complete application for a conditional use permit as
provided in Section 2-100. After the close of the hearing on a proposed conditional use,
the Planning Commission shall make findings, pursuant to Section 2-300, and shall
submit the same together with its recommendations to the City Council.
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2-290. Action by City Council on conditional uses. The City Council shall make the
final decision regarding all applications for conditional use. Approval of the conditional
use permit shall require a majority vote of the City Council.
2-300. Required findings for conditional use permits. The City Council shall make
each of the following findings before granting a conditional use permit:
(1) The conditional use is consistent with the applicable policies and
recommendations of the City’s Comprehensive Plan and other pertinent
adopted plans.
(2) The conditional use, in all other respects, conforms to the applicable
regulations of the district in which it is located, the applicable specific use
standards, and other applicable ordinances, except to the extent that
such regulations have been modified through the planned unit
development process, the variance process, or a similar process.
(1) The conditional use will not be detrimental to or endanger the public
health, safety, comfort, convenience, or general welfare.
(2) The conditional use will not be injurious to the use and enjoyment of other
property in the vicinity and will not impede the normal and orderly
development and improvement of surrounding property for uses permitted
in the district.
(3) The conditional use will be designed, constructed, operated, and
maintained in a manner that is compatible in appearance with the existing
or intended character of the surrounding area.
(4) The conditional use will not impose hazards or disturbing influences on
neighboring properties.
(5) The conditional use will not substantially diminish the value of neighboring
properties.
(6) The site is served adequately by essential public facilities and services,
including utilities, access roads, drainage, police and fire protection, and
schools or will be served adequately as a result of improvements
proposed as part of the conditional use.
(7) Development and operation of the conditional use will not create
excessive additional requirements at public cost for facilities and services
and will not be detrimental to the economic welfare of the community.
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(8) Adequate measures have been or will be taken to minimize traffic
congestion in the public streets and to provide for adequate on-site
circulation of traffic.
(9) The conditional use will not result in the destruction, loss, or damage of a
natural, scenic, or historic feature of major importance to the community.
(10) The conditional use is consistent with the applicable policies and
recommendations of the city’s Land Use Plan or other adopted land use
studies.
(11) The conditional use, in all other respects, conforms to the applicable
regulations of the district in which it is located.
2-310. Established conditions of approval. The City Council may establish any
reasonable conditions of approval that are deemed necessary to mitigate adverse
impacts associated with the conditional use, to protect neighboring properties, and to
achieve the objectives identified elsewhere in this ordinance. Such conditions may
include, but are not be limited to, the following:
(1) Additional landscaping, screening, and architectural standards above that
required elsewhere in the Unified Development Ordinance.
(2) Limitations on the height, size, orientation, or location of structures above
that required elsewhere in the Unified Development Ordinance.
2-315. Denial of a conditional use permit application. Without limiting the required
findings for approval of a conditional use permit, the City Council may deny any
application for a conditional use permit that would be detrimental to or endanger the
public health, safety, or general welfare. Such findings may include, but are not limited
to, the following:
(1) The conditional use will be injurious to the use and enjoyment of other
property in the vicinity or will impede the normal and orderly development
and improvement of surrounding property for uses permitted in the
district.
(2) The conditional use will impose hazards or disturbing influences on
neighboring properties.
(3) The site is not adequately served by essential public facilities and
services, including utilities, access roads, drainage, police and fire
protection, or schools.
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(4) The development and operation of the conditional use will create
excessive additional requirements at public cost for facilities and services
and will be detrimental to the economic welfare of the community.
(5) The conditional use does not provide adequate measures to minimize
traffic congestion in the public streets and to provide for adequate on-site
circulation of traffic.
2-320. Revocation of conditional use permit. Failure to comply with any condition set
forth as part of conditional use permit approval shall constitute a violation of this
ordinance and is subject to the enforcement process identified in Section 2-620.
Continued non-compliance shall also constitute grounds for revocation of the conditional
use permit, as determined by the City Council following a public hearing on the matter.
2-330. Expiration of conditional use permits. If substantial development or
construction has not taken place within one (1) year of the date of approval of a
conditional use permit, such permit shall be considered void unless a petition for a time
extension has been granted by the City Council. Such extension request shall be
submitted in writing at least thirty (30) days prior to expiration of the conditional use
permit and shall state facts showing a good faith effort to complete work permitted under
the original approval.
2-340. Discontinuance of conditional use permits. Where a conditional use has been
established and is discontinued for any reason for a period of one (1) year or longer, or
where a conditional use has been changed to a permitted use or to any other conditional
use, the conditional use permit shall be deemed to be abandoned.
Section 3: Summary Ordinance Publication. The following summary ordinance shall be
published in the official City newspaper in lieu of publishing the entire ordinance in the
newspaper. This summary clearly informs the public of the intent and effect of this Ordinance.
The publishing of the title and summary shall be deemed to fulfill all legal publication
requirements as completely as if the entire ordinance had been published:
Summary Publication of Ordinance 2016-xx: Amend Chapter 2, Article 7 of
the City of Faribault Unified Development Ordinance related to Conditional
Use Permits.
On September 27, 2016, the City Council of the City Faribault adopted Ordinance
2016-xx that amends Chapter 2, Article 7 of the Faribault Unified Development
Ordinance related to conditional use permits. The amendment, in part, replaces
vague and problematic required findings with clear and concise required findings,
which the City Council finds are appropriate in reviewing requests for conditional
use permits. A complete printed copy of the ordinance is available for inspection
during regular business hours at the office of the City Administrator.
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Section 4: Effective Date. This Ordinance shall be effective contingent upon the Owner
meeting the provisions of Section 2 of this Ordinance and upon its passage and publication
according to the Charter of the City of Faribault.
First Reading: September 13, 2016
Second Reading and Adoption: September 27, 2016
Published: October 3, 2016
COMPARISON OF CONDITIONAL USE PERMIT REQUIRED FINDINGS
REQUIRED FINDING FOR APPROVAL
Sa in
t P
au l

+
3. The conditional use will be designed, constructed, operated, and maintained in a manner that is compatible in appearance with the existing or intended character of the surrounding area. +
4. The conditional use will not impose hazards or disturbing influences on neighboring properties. +
5. The conditional use will not substantially diminish the value of neighboring properties.
+
7. Development and operation of the conditional use will not create excessive additional requirements at public cost for facilities and services and will not be detrimental to the economic welfare of the community. +
8. Adequate measures have been or will be taken to minimize traffic congestion in the public streets and to provide for adequate on-site circulation of traffic. +
9. The conditional use will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance to the community. +
10. The conditional use is consistent with the applicable policies and recommendations of the City’s Land Use Plan or other adopted land use studies.
11. The conditional use, in all other respects, conforms to the applicable regulations of the district in which it is located.
12. It is one of the conditional uses listed in the particular district.
13. It does not interfere with or diminish the use of property in the immediate vicinity.

16. The benefits of the conditional use outweigh the potential negative effects to the surrounding area or community. + 17. In residential districts, the use is of similar height, building orientation, massing, setback, and scale as to be
compatible with the surrounding uses. +
Exhibit B
+
+

21. The use is reasonably related to the overall needs of the County [City] and to the existing land use.
The community must find in favor of these findings to approve a conditional use permit request.
+ The community may consider these findings in their approval of a conditional use permit request, but they are not required findings.
2017-2-6 PC Staff Report- Work Session Tousignant Site.pdf
20170202083938072
20170202083944284
C-1 and C-2 Districts .pdf
ARTICLE 2. C-1, NEIGHBORHOOD COMMERCIAL DISTRICT
ARTICLE 3. C-2, HIGHWAY COMMERCIAL DISTRICT
CHAPTER 11.pdf
2017-2-6 PC Staff Report- Work Session CUP Findings
2016-xx Amend Chapter 2 Article 7 of the UDO related to CUPs-r2
Table Comparing Required CUP Findings of Communities
2016-09-13 Council minutes Pages 4-5.pdf