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