5.2 PCSR 03-08-2011 - Laserfiche WebLink

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REQUEST FOR ACTION TO ITEM NUMBER Plannin Commission 5.2 AGENDA SECTION MEETING DATE PREPARED BY Planning Items March 8, 2011 Jerem Barnhart, Plannin Manager ITEM DESCRIPTION REVIEWED By Request by City of Elk River f or Ordinance Amendment Regarding General Planning Permits, and Section 902 Pertaining REVIEWED BY to Lighting, Public Hearing - Case No. OA 11-01 ACTION REQUESTED Staff recommends approval of the ordinance amendments as drafted. OVERVIEW-GENERAL PLANNING PERMIT In July of 2009, the City Council granted authorization for staff to review the procedure to the General Planning Permit process. A general planning permit is required when a tent is installed longer than 4 days (Section 30-793 h) or when fireworks are sold out of doors (Chapter 22-231). Elk River Code of Ordinances does not prescribe a process for the review of a General Planning Permit, nor do they include evaluation criteria. This ordinance amendment is intended to address these issues. OVERVIEW-LIGHTING Periodically, through the use of the zoning and or subdivision ordinances, discrepancies are noted. Section 30-902 prescribed lighting requirements for parking lots of 1foot-candle. Section 30-937 (2) prescribes a minimum of 3foot-candles for commercial parking lots and 1.5 for all other parking lots. The Council may address this issue by either striking in its entirety Section 30-902, or amending it to read: 30-902 Lighting. Lighting shall be directed away from the public right of way and nearby or adjacent °ntial or agricultural conservation districts. Parking lots shall be lighting to a m;n;mum._Prescribed in BACKGROUND/PRECEDENT As noted above, the Code of Ordinances does not prescribe a process for the review, evaluation, and approval or denial of a general planning permit. General Planning Permits are most frequentlyused for fireworks tents in June, and landscape materials in April through July. Unti12009, these permits were reviewed by the City Council. In recent years, the Council has directed these to be reviewed at the staff level. The draft ordinance prescribes a staff level review. ANALYSIS The draft regulations are patterned after the City's Conditional Use Permit process, without the public hearing and without City Council approval. As with any staff level decision, an applicant may appeal through the City's appeal process.