Loading...
HomeMy WebLinkAbout4G - Zoning Decisions Time AGENDA # PREPARED BY: SUBJECT: DATE: INTRODUCTION: AL TERNA TIVES: ACTION REQUIRED: REVIEWED BY: STAFF AGENDA REPORT 4C1 R. MICHAEL LEEK, ASSOCIATE PLANNER CONSIDER ADOPTION OF ORDINANCE 95-17 AMENDING TITLE 5 OF THE CITY CODE AND THE ZONING ORDINANCE 83-06 TO BRING THEM INTO COMPLIANCE WITH STATE MANDATED TIME LIMITS FOR ACTION ON REQUESTS RELATED TO ZONING. NOVEMBER 20, 1995 During the 1995 legislative session a bill was passed which required that agency decisions on zoning, septic system and MUSA issues be made within 60 days of receipt of an application. Agencies are required to notify applicants within 10 days if an application is incomplete or the application will be deemed complete. The deadline may be extended one time for specific reasons and for a period not to exceed 60 additional days. Further extensions are possible if mutually agreed to by the City and the applicant The attached draft ordinance incorporates these requirements into the administrative provisions of the Zoning Ordinance as well as the correction and addition made by the City Council at its November 6, 1995, meeting. The Planning Commission held a hearing on the proposed ordinance amendments on Monday, October 23, 1995. No comment was offered by the public. The Planning Commission unanimously recommended adoption of the proposed ordinance amendments 1. Approve proposed Ordinance 95-17 as written or with changes as identified by the City Council. 2. Deny proposed Ordinance 95-17. 3. Continue or table the matter for additional information or other specific reasons. OrditS_117. 16200 ~~~ Ave. S.E., Prior Lake, Minnesota 553ry2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T r CITY OF PRIOR LAKE ORDINANCE NO. 95-17 AN ORDINANCE AMENDING TITLE 5, SECTIONS 5-6-5, OF THE CITY CODE AND SECTIONS 7.5A, 7.5B, 7.6B, 7.9D AND 7.9E OF PRIOR LAKE ZONING ORDINANCE 83-6. The City Council of the City of Prior Lake does hereby ordain: Title 5, Section 5-5-14 of the City Code and Section 6.15(B) of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows: 6.15 Business Park Regulations B. DEVELOPMENT REVIEW COMMITTEE: ....The decision of the DRC, or the City Council if the DRC's decision is appealed, shall be made within 60 days of receipt of the request per Section 7.5A(5) of this ordinance. The DRC or City Council may extend the time limit for review by a period not to exceed sixty (60) days by providing written notice to the applicant setting forth the reasons for the extension and its anticipated length. The time limit may be extended for a period greater than 60 days with the agreement of the applicant. Title 5, Section 5-6-4 of the City Code and Section 7.4 of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows: 7.4 Appeals: C. The Board of Adjustment shall make its recommendation within thirty (30) days and transmit it to the City Council for official action. D. The City Council shall make its decision by resolution within sixty (60) days of receipt of the appeal, and a copy of the resolution shall be mailed to the applicant by the Zoning Officer. Title 5, Section 5-6-5(A) of the City Code and Section 7.5A of the Prior Lake Zoning Ordinance 83-6 are hereby amended to read as follows: 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER .. . 7.5 Conditional Uses: Conditional uses as specified within each Zoning District may be allowed or denied by the City Council after recommendation by the Board of Adjustment in accordance with the criteria and provisions listed herein: A. Application: Prior to filing an application for conditional use the prospective applicant(s) will schedule a preliminary meeting with the Zoning Officer or appointee to discuss items including, but not limited to the nature of the proposed use, consistency of the proposal with applicable City standards and information required for a formal application. Applications for conditional uses will be filed with the Zoning Officer and shall be accompanied by: 1. The time limit for action on a request for conditional use permit begins upon receipt of a written request containing all the information required by this section. Within ten (10) business days of receipt of an incomplete written request for conditional use permit, the applicant(s) will be sent written notice specifying the missing information. In that event, the time limit will commence upon receipt of the required, missing information. If the Zoning Officer or other designated official fails to send notice of missing information, the time limit will run from the date of receipt of the written request. Title 5, Section 5-6-5(B) of the City Code and Zoning Ordinance 83-6, Section 7.5B are hereby amended to as follows: B. Review: The Zoning Officer shall forward copies of the application to the City Council and the Board of Adjustment for review. 1. The Board of Adjustment shall forward its recommendations to the City Council within thirty (30) days of receipt of the application. Failure of the Board to act within the allotted time shall be deemed to be a favorable recommendation. 2. The City Council shall approve or deny the request within 60 days of receipt of the request per Section 7.5A(5) above. The City Council may extend the time limit for review by a period not to exceed sixty (60) days by providing written notice to the applicant setting forth the reasons for the extension and its anticipated length. The time limit may be extended for a period greater than 60 days with the agreement of the applicant. 3. The City Council may attach such conditions to the approval of any conditional use as may be necessary. The approved site plan 2 including the inclusion of any_ and all attached conditions shall be submitted to the Zoning Officer within thirty (30) days of final approval by the City Council. Any development contrary to the approved plan shall constitute a violation of this Ordinance. Title 5, Section 5-6-6(B) of the City Code and the Zoning Ordinance 83-6, Section 7.6B are hereby amended to read as follows: B. Procedure: Procedure for obtaining a variance from the regulations of the Ordinance are as follows: 1. Prior to filing an application for variance the prospective applicant(s) will schedule a preliminary meeting with the Zoning Officer or appointee to discuss items including, but not limited to the nature of the proposed use, consistency of the proposal with applicable City standards and information required for a formal application. 3. The Board of Adjustment shall, within (60) days of submittal of all required exhibits, approve, deny, or conditionally approve a variance application (Ord. 89-09) 4. The Board of Adjustment shall approve or deny the request within 60 days of receipt of the request per Section 7.6B(5) below. The Board of Adjustment may extend the time limit for review by a period not to exceed sixty (60) days by providing written notice to the applicant setting forth the reasons for the extension and its anticipated length. The time limit may be extended for a period greater than 60 days with the agreement of the applicant. 5. The time limit for action on a request for variance begins upon receipt of a written request containing all the information required by this section. Within ten (10) business days of receipt of an incomplete written request for conditional use permit, the applicant(s) will be sent written notice of specifying the missing information. In that event, the time limit will commence upon receipt of the required, missing information. If the Zoning Officer, or other designated official, fails to send notice of missing information, the time limit will run from the date of receipt of the written request. 6. In the event a decision of the Board of Adjustment is appealed to the City Council, the appeal shall constitute a separate action and the time limits shall be calculated from the date the appeal is received in the City Planning Department. Title 5, Section 5-6-10 of the City Code and the Zoning Ordinance 83-6, Section 7.9 are hereby amended to read as follows: 3 . - 7.9 AMENDMENTS: Prior to filing an application for variance the prospective applicant(s) will schedule a preliminary meeting with the Zoning Officer or appointee to discuss items including, but not limited to the nature of the proposed use, consistency of the proposal with applicable City standards and information required for a formal application. The City Council may by a two-thirds vote of all its members amend this Ordinance as proposed by the City Council, by the Planning Commission or by petition of a person owning property within Prior Lake in accordance with the following provisions: Title 5, Section 5-6-10(D) of the City Code and the Zoning Ordinance 83-6, Section 7.9D regarding amendments are hereby amended to read as follows: 4. The Planning Commission shall hold the public hearing and shall then recommend within thirty (30) days approval, denial or conditional approval, transmitting its recommendations to the City Council for official action. 5. The City Council shall approve or deny the request within 60 days of receipt of the request as set forth in Section 7.5A(5) above. The City Council may extend the time limit for review by a period not to exceed sixty (60) days by providing written notice to the applicant setting forth the reasons for the extension and its anticipated length. The time limit may be extended for a period greater than 60 days with the agreement of the applicant. Title 5, Section 5-6-10(D) of the City Code and the Zoning Ordinance 83-6, Section 7.9E are hereby amended to read as follows: 2. NOTICE: When the City Council receives the recommendation of the Planning Commission on any request for change, or if the Planning Commission has not given the City Council a recommendation within thirty (30) days after submission of the request to it, the City Council shall set a time for a public hearing on the request. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days prior to the day of the hearing. 3. HEARINGS: At the time set for the hearing, the City Council shall hear arguments for and against the proposed change, and the City Council shall approve or deny the request within 60 days of receipt of the request as set forth in Section 7.5A(5) above. The City Council may extend the time limit for review by a period not to exceed sixty (60) days by providing written notice to the applicant setting forth the reasons for the extension and its anticipated length. The time limit may be extended for a period 4 greater than 60 days with the agreement of the applicant. If the hearing is continued more than once, renotice to the public shall be required. 5. The City Council shall approve or deny the request within 60 days of receipt of the request as set forth in Section 7.5A(5) above. The City Council may extend the time limit for review by a period not to exceed sixty (60) days by providing written notice to the applicant setting forth the reasons for the extension and its anticipated length. The time limit may be extended for a period greater than 60 days with the agreement of the applicant. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this _ day of , 1995. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of , 1995. Drafted By: City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, Minnesota 55372 5 'I' -