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HomeMy WebLinkAbout[06] Zoning Amendment 6 Council Agenda Item MEETING DATE: May 5, 2014 AGENDA ITEM: Zoning Amendment SUBMITTED BY: STAFF RECOMMENDATION: PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The City recently annexed the property south of Minnesota Street up to and adjacent to I-94. When the property is annexed it comes in as Agricultural. The Zoning Ordinance allows the Planning Commission the ability to initiate a rezoning process. At this time staff would like the Planning Commission to consider conducting a public hearing to rezoning the newly annexed property from the current Agricultural to a mix of B3 and Ag, with Ag remaining on the open space. ATTACHMENTS: Request for Planning Commission Action Maps of the Annexation Area Extract of the Comprehensive Plan REQUESTED PLANNING COMMISSION ACTION: Provide direction to staff This page intentionally left blank THIS PAGE INTENTIONALLY LEFT BLANK Subd. 5. Text Amendments and Rezoning of Parcels Depicted on the Official Zoning Map. a) General. This Ordinance,which includes the official zoning map,may be amended by following the procedure specified in this section. b) Initiation. An amendment may be initiated by the following procedures: 1. Upon the initiative of the City Council or the Planning Commission, or 2. By petition of fifty percent(50%) or greater of the property owners affected by the proposed amendment and fifty percent(50%) of those property owners within three hundred fifty(350) feet of the proposed change. If a property owner initiates a rezoning request the owner shall provide a boundary survey and preliminary building and site development plans prior to consideration of the request. 3. If the proposed rezoning request is consistent with the proposed future land use identified in the City's Comprehensive Plan, an owner may petition for the rezoning without signature of 50% of the affected property owners within 350 feet. If a property owner initiates a rezoning request the owner shall provide a boundary survey and preliminary building and site development plans prior to consideration of the request. c) Action by Planning Commission. 1. An amendment not initiated by the Planning Commission shall be referred to the Commission for study and report, and the Council shall not act on the amendment until it has received the recommendation of the Planning Commission or until sixty(60)days have elapsed from the date of reference of the amendment without a report by the Planning Commission. 2. Before any amendment is adopted, the Planning Commission shall hold at least one(1)public hearing thereon after a notice of the hearing has been published in the official newspaper at least ten (10) days and no more than thirty(30) days prior to the hearing. When an amendment involves changes in district boundaries affecting an area of five(5) acres or less, a similar notice shall be mailed at least ten(10) days and no more than thirty (30)days before the day of the hearing to each owner of affected property situated wholly or partly within three hundred fifty(350) feet of the property to which the amendment relates. 3. Following the hearing the Planning Commission shall make a report of its findings and,unless the amendment has been initiated by the Commission and the Commission determines not to recommend it to the Council, it shall file a copy with the City Administrator/Clerk within fourteen(14) days of the meeting at which the date of the hearing was set. When the amendment has not been initiated by the Planning Commission, the report shall, in any event,be filed not later than sixty(60)days from the date of reference of the amendment to the Commission. Failure of the Planning Commission so to report on an amendment not initiated by it is deemed to be approval by the Commission of the amendment. d) Action by City Council. 1. Upon the filing of such report, or upon the failure of the Planning Commission to file such a report within the time prescribed by Section 52.07; Subd. 5 c) 3. on an amendment proposed by petition or by the Council, the City Council shall hold such public hearings as it deems advisable. After the conclusion of the hearings, if any, the Council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment shall be effective only if two-thirds (2/3) of all members of the Council concur in its passage. 2. If the City Council approves a rezoning request, the City shall record the amendment at the Office of the County Recorder at the applicant's expense. 3. The City Council shall amend its Official Zoning Map to reflect the rezoning.