HomeMy WebLinkAbout8.b. Zoning Text Amendment for Initiation of Ordinance Amendments CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: June 14, 1999
AGENDA ITEM: Zoning Text Amendment for Initiation of AGENDA SECTION:
Ordinance Amendments Old Business
PREPARED BY: Dan Rogness, Community Development AGENd� � � �
bir.
ATTACHMENTS: Draft Ordinance, PC minutes (5-25-99) APPROVED BY:
SUMMARY
The City Attorney has provided additional draft language for the zoning text amendment process
as a result of the City Council direction provided on June 1 , 1999. This revised procedure will
certainly provide applicants with an indication of how favorably their requests will be received by
the City Council.
PLANNING COMMISSION PUBLIC HEARING
The Planning Commission conducted the public hearing as required on May 25, 1999. No one
attended for comment. The Commissioners' primary concern was that property owners still
had due process under the amendment. That being the case, the motion to recommend was
unanimous.
The revised language for text amendments is underlined.
12.11: AMENDMENTS:
B. PROCEDURES:
1 . Initiation: An amendment to this Ordinance may be initiated by the Council,
Commission or by petition of an affected landowner.
2. Application: Applications provided by the City shall be completed in writing prior to
any consideration for an amendment to this Ordinance. Zoning amendment fees
are established by resolution of the Council. Applications shall not be formally
accepted until all supportive or supplementary information has been furnished by
the applicant. Applications for an amendment to the text of this ordinance shall be
submitted bv an affected propertv owner on forms provided bv the Citv and shall
include the proqosed text for the ordinance amendment in proper ordinance form.
Applications to amend the text of this Ordinance must be received bv the Council,
which will then be forwarded to the Commission for public hearina and
recommendation.
RECOMMENDED ACTION: Motion to adopt an ordinance amending Ordinance B, the Zoning
Ordinance for zoning text amendments
CITY COUNCIL ACTION:
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZOINING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS AS
FOLLOWS:
SECTION 1. Section 12.11 "Amendments", paragraphs 12.11.B.1 and 12.11.B.2, of
Ordinance B, City of Rosemount Zoning Ordinance, adopted September 19, 1989, is
hereby amended as follows:
12.11.B.1. Initiation. An amendment to this Ordinance may be initiated by the
Council, Commission or by petition of an affected landowner.
12.11.B.2. Application. Applications provided by the City shall be completed in
writing prior to any consideration of an amendment of this Ordinance.
Zoning amendment fees are established by resolution of the Council.
Applications shall not be formally accepted until all supportive or
supplementary information has been furnished by the applicant.
Applications for an amendment to the text of this ordinance shall be
submitted by an affected property owner on forms provided by the City
and shall include the proposed text for the ordinance amendment in
proper ordinance form. Applications to amend the text of this Ordinance
must be received by the Council, which will then forward the petition to the
Commission for public hearing and recommendation. ,
ENACTED AND ORDAINED into an Ordinance this 14�' day of�une, 1999.
CITY OF ROSEMOUNT
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Planning Commission
Regular Meeting Minutes
May 25, 1999
Page 4
t 93 acres in the south half of the north half of Section 14, Townshi 115,Range 19, Dakota
Cou , Minnesota subject to 1) Conformance with all requireme and standards specified in
Section 4 of Ordinance B, the Rosemount Zoning Ordinan , 2) Conformance with the
conditions o 'neral extraction as they apply specifically r the property and are reviewed
annually or as req ' ed by the City Council attached xhibit B; 3)Activity related to the
mineral extraction proc s shall be confined to an a of no more than 19%2 contiguous acres as
indicated by the phasing pla attached as Exhi ' C, and all surrounding property shall be
undisturbed or completely resto and ve ation established in a manner identified in Exhibit
D; 4)No new mineral extraction pe ' will be issued in the Agriculture District within 1.5
miles of the Conditional Use; 5)A ess the Conditional Use utilizes an easement connecting
to County Road 71, one mile n h of County ad 38 via land owned by Koch Petroleum
Group; 6) Traffic volumes d frequency shall be 'ect to Dakota County approval. Copies of
all required permits fr Dakota County or Minnesota artment of Transportation shall be
provided to the Ci along with any applicable conditions; landscaped 75-foot setback is
required alon e common boundary with the eleven acre Koe property. Applicant shall
submit a ailed grading and planting plan to be approved by staff an City Council. The
planti s shall be maintained in good health, and the operator shall replac ead trees within the
s e season. Seconded by Weisensel. Ayes: Weisensel, Tentinger, and Droste. Nays: Klassen
d Shoe-Corrigan. Motion carried. `
Public Hearing: Zoning Text Amendment for Initiation of Ordinance
Amendments
Chairperson Droste opened the public hearing on the Zoning Text Amendment for Initiation of
Ordinance Amendments. The recording secretary has placed the Affidavit of Publication and
Posting of a Public Hearing Notice on file with the City.
Mr. Pearson explained this amendment to paragraph 12.11 of the zoning ordinance changing the
application procedure for text amendments. Amendments may be initiated only by the Council,
Commission, or by petition of an affected landowner. The petition will go first to the City
Council for review, and will then be forwarded to the Planning Commission, along with Council
comments, for public hearing.
Commissioners discussed issues regarding due process and the definition of"affected"
landowner.
MOTION by Weisensel to close the public hearing. Seconded by Droste. Ayes: Klassen,
Tentinger, Droste, Shoe-Corrigan, and Weisensel. Nays: 0. Motion carried.
MOTION by Droste to recommend that the City Council adopt a Zoning Text Amendment
concerning Paragraph 12.11 changing the application procedure so that applications may be
Planning Commission
Regular Meeting Minutes
May 25, 1999
Page 5
initiated by the Council,Commission or by petition of an affected landowner, and that petitions
to amend must be received by the Council, which will then be forwarded to the Commission for
public hearing and recommendation. Seconded by Weisensel. Ayes: Tentinger,Droste, Shoe-
Corrigan, Weisensel, and Klassen. Nays: 0. Motion carried.
There being no further business to come before this Commission, upon MOTION by Droste and
upon unanimous decision, the meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Dianne G. Quinnell
Recording Secretary