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HomeMy WebLinkAbout2013/01/29 - ADMIN - Agenda Packets - City Council - RegularAGENDA JANUARY 29, 2013 5:00 p.m. SPECIAL CITY COUNCIL MEETING – Council Chambers 1. Call to Order 1a. Roll Call 2. Second Reading - Interim Ordinance on Parking Lots & Parking Businesses in the C-1 and C-2 Zoning Districts and Authorize Publication Recommended Action: Motion to approve Second Reading and Adopt Interim Ordinance temporarily prohibiting parking lots and parking businesses as principal uses in the C-1 and C-2 zoning districts and authorize publication. 3. Adjournment Meeting: Special City Council Meeting Date: January 29, 2013 Action Agenda Item: 2 EXECUTIVE SUMMARY TITLE: Second Reading - Interim Ordinance on Parking Lots & Parking Businesses in the C-1 and C-2 Zoning Districts and Authorize Publication RECOMMENDED ACTION: Motion to approve Second Reading and Adopt Interim Ordinance temporarily prohibiting parking lots and parking businesses as principal uses in the C- 1 and C-2 zoning districts and authorize publication. POLICY CONSIDERATION: This action is a procedural step consistent with the City Council’s decision on January 22, 2013 to adopt an Interim Ordinance. SUMMARY: This ordinance is prompted by a concern of commercial parking lots being used for storage of vehicles rather than short term parking. The intent of the interim ordinance is to give city planning staff time to review various parking issues and practices in the commercial areas and to consider amendments to the zoning ordinance. A six-month study timeline is proposed. Currently, the zoning ordinance allows “parking lots” in the C-1 and C-2 zoning districts and “parking businesses” in the C-1 district as principal uses. The zoning ordinance does not define the term “parking business” and there are no specific conditions attached to such a use. Parking is at a premium in some locations in the commercial districts, and the intent of the study would be to review zoning regulations relating to parking lots and parking businesses. The study would also look at the need for parking businesses or lots as principal uses. While the interim ordinance is in effect, existing businesses can continue; any changes to the zoning regulations would apply to future uses. Next Step: The Ordinance will be effective on February 15, 2013. FINANCIAL OR BUDGET CONSIDERATION: Not applicable. VISION CONSIDERATION: Not applicable. SUPPORTING DOCUMENTS: Interim Ordinance on Parking Lots and Parking Businesses Prepared by: Meg J. McMonigal, Planning and Zoning Supervisor Reviewed by: Kevin Locke, Community Development Director Tom Scott, City Attorney Approved by: Tom Harmening, City Manager Special City Council Meeting of January 29, 2013 (Item No. 2) Page 2 Title: 2nd Reading - Interim Ordinance Parking Lots, Parking Businesses C-1/C-2 Zoning Districts ORDINANCE NO. ____-13 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING PARKING LOTS AND PARKING BUSINESSES THE CITY OF ST. LOUIS PARK DOES ORDAIN: SECTION 1. Background. 1.01. Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4., the City of St. Louis Park is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or a part of the City while the City or its planning consultant is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. The City declares that this Interim Ordinance is established pursuant to the aforementioned statute. 1.02. Findings and Purpose. There are substantial concerns that the current City zoning ordinance provisions relating to parking lots and parking businesses in the C-1 and C-2 Districts do not adequately address issues relating to these uses, such as the appropriate locations and the conditions under which they may be allowed if at all in the C-1 and C-2 Districts. As a result of the important land use and zoning issues cited above, the City Planning staff will conduct studies for the purpose of consideration of possible amendments to the City’s official controls to address the issues concerning these uses. The City finds that this Interim Ordinance must be adopted to protect the planning process and the health, safety and welfare of the citizens. SECTION 2. Definition. For purposes of this Ordinance, the following terms shall be defined as follows: Parking Lot or Parking Business means the storage or parking of a vehicle or vehicles for any period of time. The terms do not include the parking of vehicles by the owner of the lot, a tenant, customers or invitees which in all circumstances is directly related to a lawful principal non-parking lot or non-parking business use being conducted on the lot. Vehicle means a device for carrying or conveying persons or property, which may be self- propelled or may be propelled, drawn, or towed by a self-propelled vehicle. Lot means a parcel of land created by an existing subdivision or described on a deed which has been recorded in the office of register of deed or registrar of titles of the county and which is occupied or used or intended for occupancy or use and has common ownership in its entirety. SECTION 3. Prohibition. In accordance with the findings set forth in Section 1.02 and pursuant to the authority of Minnesota Statutes, Section 462.355, subd. 4, there is hereby established a moratorium on the establishment of a parking lot or parking business within the City in the C-1 and C-2 Zoning Districts. Special City Council Meeting of January 29, 2013 (Item No. 2) Page 3 Title: 2nd Reading - Interim Ordinance Parking Lots, Parking Businesses C-1/C-2 Zoning Districts SECTION 4. Enforcement. The City may enforce this Ordinance by injunction or any other appropriate civil remedy in any court of competent jurisdiction. SECTION 5. Separability. Every section, provision or part of this Ordinance is declared separable from every section, provision or part of this Ordinance. If any section, provision or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Ordinance. SECTION 6. Duration. This Ordinance shall take effect fifteen days after its publication and shall remain in effect until the date of the adoption by the City Council of the amendments to official controls contemplated hereunder or six (6) months, whichever occurs first. First Reading January 22, 2013 Second Reading January 29, 2013 Date of Publication January 31, 2013 Date Ordinance takes effect February 15, 2013 ADOPTED this ______ day of ____________, 2013, by the City Council of the City of St. Louis Park. Reviewed for Administration Adopted by the City Council January 29, 2013 City Manager Mayor Attest: Approved as to Form and Execution: City Clerk City Attorney