§ 153.041 PROVIDING FOR A MORATORIUM ON GRANTING CONDITIONAL USE PERMITS FOR USES IN THE CBD, CENTRAL BUSINESS DISTRICT ASSOCIATED WITH: DRIVE-IN BUSINESSES; MINOR AUTO SERVICE STATIONS FOR RETAIL SALE AND SERVICE; MORTUARIES; AND DRY CLEANING, LAUNDRY, LINEN TOWELS, DIAPER, AND SIMILAR SUPPLY SERVICES.
(A) Authority. Pursuant to M.S. § 462.355, Subd. 4, as may be amended from time to time, the City of Osseo is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or part of the city while the city 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. In furtherance of this statutory authority, the City of Osseo has adopted Chapter 153 of its Code of Ordinances, the zoning ordinance, including § 153.152 governing amendment of the zoning ordinance. The City of Osseo declares that this interim ordinance is adopted pursuant to M.S. § 462.355, Subd. 4, as may be amended from time to time, and the applicable provisions of Osseo Code of Ordinances, Chapter 153.
(B) Findings and purpose.
(1) The City Council is concerned about the effects of certain conditional uses in the Central Business District (CBD). The city forwarded its draft 2030 Comprehensive Plan Update to the Metropolitan Council by December 31, 2008, per M.S. § 473.864, Subd. 2, as may be amended from time to time. On April 8, 2009, the Metropolitan Council officially recommended that the city put its plan into effect. Now the city will need to officially adopt the 2030 Comprehensive Plan update and has nine months to make necessary zoning amendments in order to ensure there are no conflicts between the existing zoning ordinance and the 2030 Comprehensive Plan Update. As such, the city will be revising its zoning ordinance.
(2) The 2030 Comprehensive Plan Update guides for mixed-use and pedestrian-oriented development in the CBD area. The city's existing zoning ordinance allows for several conditionally permitted uses that are automobile-oriented and thus appear inconsistent with the future land use of the area and also the future zoning of the area. Per § 153.037, these conditionally permitted uses are: drive-in businesses; minor auto service stations for retail sale and service; mortuaries; and dry cleaning, laundry, linen towels, diaper, and similar supply services.
(C) Zoning study. Above and beyond the general zoning amendments that will be made over the next nine months, the CBD, Central Business District as shown on the City of Osseo Zoning Map (§ 153.021, Appendix D), is hereby declared to be an interim zoning study area with respect to automobile-oriented businesses. The Planning Commission is directed to commence a planning study of the effects of certain uses in these districts and to propose such amendments to the zoning ordinance related to uses that the Planning Commission deems advisable.
(D) Restrictions. For a period of one year from the effective date of this section, no approval of any conditional use permit for a use associated with drive-in businesses; minor auto service stations for retail sale and service; mortuaries; and dry cleaning, laundry, linen towels, diaper, and similar supply services shall be granted for any property in the CBD, Central Business District, except as may be granted based upon hardship. The City Council specifically reserves the right to extend this section for such additional periods as are necessary to complete the planning study as provided by state law.
(E) Hardship. In a case of hardship, any person having a legal or equitable interest in land and aggrieved by the provisions of this interim section may apply to the City Council for a waiver of all or a portion of the applicable restrictions as provided herein. A waiver may be granted where the City Council finds substantial hardship caused by the restrictions and finds that a waiver will not unduly affect the integrity of the planning process or the purposes for which the interim section is enacted.
(Ord. 2009-2, passed 5-11-2009)