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HomeMy WebLinkAbout6.j. Text Amendment to Amend the Zoning Ordinance to match the State Statute regarding Voting Requirement for Zoning Ordinance to Amendments, 10-18-TA4ROSEMOUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: June 15, 2010 AGENDA ITEM: Case 10 -18 -TA Text Amendment to Amend the Zoning Ordinance to match the State AGENDA SECTION: Statute regarding Voting Requirement for Consent Zoning Ordinance Amendments PREPARED BY: Eric Zweber, Senior Planner AGE DA NO. • ATTACHMENTS: Ordinance, Excerpt of Minutes from the APPRO D BY: May 25 Planning Commission Meeting RECOMMENDED ACTION: Motion to approve an Ordinance regarding the Voting Requirements for Zoning Ordinance Amendments. SUMMARY Previous to 2001, State Statute required that all zoning ordinance amendments required a two- thirds (2/3) majority vote. In 2001, the State Statute was amended to allow zoning ordinance amendments to be approved by a simple majority except that zoning district changes from residential to commercial or industrial still needed a two- thirds (2/3) vote. The City Code still reads the voting requirement is the pre -2001 standard. City staff is initiating this amendment to bring the City Code into compliance with the Statute language. MAY 25 PLANNING COMMISSION MEETING The Planning Commission conducted a public hearing for the text amendment request during their May 25 meeting. During the public hearing, no resident spoke. Commissioner Irving asked if the issue of a legal quorum had to be addressed. Staff responded that the Statute states that it must be a majority vote of all Council members so that if a quorum of three was gathered, all three must vote affirmatively for the amendment to pass. DISCUSSION The existing City Code language requires a two- thirds (2/3) vote for and zoning ordinance amendment. This language was adopted previous to the 2001 amendment to the State Statute regarding zoning ordinance amendments. Existing City Code 11 -10 -11 B. 5. Council Action: Amendments to this title trquire a two- thirds (l j) vote of the council. In 2001, the State amended the regulations regarding zoning ordinance amendments to the language provided below. Some of the reasons stated at the time of the State amendment were that it was too difficult to rezone property to higher density residential for affordable housing projects. It was also stated that the 2/3 vote to convert residential property into commercial and industrial also was to protect affordable housing by making it more difficult to change residential land to other uses. State Statute 462.3572 (B) (I)hegoverning body (City) may adopt and amend a Zoning ordinance by a majority vote of all its members The adoption or amendment of any portion of a Zoning ordinance which changes all or part of the existing classification of a Zoning district from residential to either commercial or industrial requires atwo- thirds majority vote of all members of the governing body. Staff has prepared an Ordinance that would change the voting requirements for zoning ordinance amendments to match the State Statute. RECOMMENDATION Motion to approve the Ordinance amendment. F City of Rosemount Ordinance No. B -206 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B REGARDING THE VOTE FOR COUNCIL ACTION ON ZONING ORDINANCE AMENDMENTS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled "City of Rosemount Zoning Ordinance," is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11 -10 -11 B. 5. Council Action: Amendments to this title require a two diirds ��a . ma'ori vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires atwo- thirds majority vote of all members of the council. Section 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 15' day of June, 2010. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Amy Domeier, City Clerk Published in the Rosemount Town Pages this day of , 2010. EXCERPT OF MINUTES PLANNING COMMISSION REGULAR MEETING MAY 25, 2010 b. Text Amendment to Amend the Zoning Ordinance to match the State Statute regarding Voting Requirement for Zoning Ordinance Amendments (10- 18 -TA). Senior Planner Zweber stated the City of Rosemount needs to amend the Zoning Ordinance Section Section 11- 10 -11, B.5, Council Action of the Ordinance to comply with State Statute 462.357, 2(b), stating that the adoption or amendment of any portion of a zoning ordinance require a majority vote of all members of the governing body. Commissioner Irving asked if there was language included on what a legal quorum should be. Mr. Zweber stated that in this case, the statute does state that a majority vote of all members is required so if only three members were present, they would still need three positive votes. The public hearing was opened at 8:46p.m. There were no public comments. MOTION by Powell to close the public hearing. Second by Ege. Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 8:47p.m. There was no further discussion among the Commissioners. MOTION by Ege to recommend that the City Council approve the Text Amendment to the Zoning Ordinance to match the State Statute regarding voting for Zoning Ordinance Amendments. Second by Irving. Ayes: 5. Nays: None. Motion approved. Mr. Zweber stated this item will go before the City Council for approval at the meeting on June 15, 2010.