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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