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HomeMy WebLinkAbout6.b. Zoning Text Amendment for Initiation of Ordinance Amendments CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: June 1 , 1999 AGENDA ITEM: Zoning Text Amendment for Initiation of AGENDA SECTION: Ordinance Amendments New Business PREPARED BY: Dan Rogness, Community Development AGENI��� � � � Dir. ATTACHMENTS: Ord i nance, PI ann i ng Com. M i nutes qppROVED BY: l - SUMMARY The City Attorney has researched State Statutes concerning the initiation and process required for zoning ordinance text amendments. State Statutes specifically gives affected property owners the right to petition for ordinance amendments which includes rezonings. Therefore, the best method of providing Council direction early in the process will be to include the Council in the petition phase. In other words, an effected property owner may petition the City Council to change the zoning ordinance concerning an issue which directly impacts his / her property or zoning district in which the property is located. The City Council will then forward the petition to the Planning Commission for a public hearing. Because the petition would be received at a meeting, the Council would be able to comment on the proposed amendment, and those comments would accompany the petition as part of the public hearing discussion. Ultimately, the Council would take final action on the petition after the public hearing and the Planning Commission recommendation. 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. 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. Petitions 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. Petitions 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 15t day of June, 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%z contiguous acres as indicated by the phasing pl attached as E}chi ' 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 sa 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