The URL can be used to link to this page

Home My WebLink About4D - Zoning Decision Time Limit AGENDA # PREPARED BY: SUBJECT: DA TE: INTRODUCTION: ALTERNATIVES: ACTION REQUIRED: REVIEWED BY: TIMELMT.DOC STAFF AGENDA REPORT 40 R. MICHAEL LEEK, ASSOCIATE PLANNER CONSIDER ADOPTION OF ORDINANCE 95-17 AMENDING TITLE 5 OF THE CITY CODE AND THE ZONING ORDINANCE 8.3-06 TO BRING THEM INTO COMPLIANCE WITH STATE MANDATED TIME LIMITS FOR ACTION ON REQUESTS RELATED TO ZONING. NOVEMBER 6,1995 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. 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. 'ng o~ance 95-117. '1L · [~ Manager 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER CITY OF PRIOR LAKE ORDINANCE NO. 95-XX AN ORDINANCE AMENDING TITLE 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 of the City Code and Section 7.5A of the Prior Lake Zoning Ordinance 83-6 is hereby amended to read as follows: 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 filin~ an application for conditional use the prospective applicant(s) will schedule a preliminary meetin~ with the Zonin~ Officer or appointee to discuss items includin~ 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 tiled with the Zoning Officer and shall be accompanied by: 1. An application fee in an amount equal to that set by the City Council. 2. Fifteen (15) copies of a site plan and supporting data which shows the site size and location; use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed junction of yards, open space, parking area, driveways, storage areas and accessory structures; the location of all utilities and timing of proposed construction as the Zoning Officer may require. 3. The Zoning Officer may at his~ discretion require a topographic map to the site and reduced copies of all suitable material for mailing. 4. The names and addresses of all property owners within five hundred feet (500') shall be provided by a certification of an 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER , ..----.--.-,.--.---------.- abstract company so that the Zoning Officer may provide notification of the conditional use permit application (Ord. 90-07) 5. The time limit for action on a req.uest for conditional use permit be~ins upon receipt of a written request containin~ 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 specifyin~ the missin~ information. In that event. the time limit will commence upon receipt of the required. missin~ information. If the Zonin~ Officer or other desi~nated official fails to send notice of missin~ information, the time limit will run from the date of receipt of the written request. Title 5 of the City Code and Zoning Ordinance 83-6, Section 7.5B are hereby amended to as follows: A. Review: The Zoning Officer shall forward copies of the application to the City Council, the Board of Adjustment and, if necessary, to the Consultant Planner for review. 1. The Board of Adjustment shall forward its recommendations ~ City Council within forty ti"/e (15) days anless the petitioner agrees in ~.vriting 10 a time e~(tension thirty (30) days of receipt of the application. and/or roadways. Failure of the Board to act within the allotted time shall be deemed to be a favorable recommendation. b... 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 providin~ written notice to the applicant settin~ forth the reasons for the extension and its anticipated len~th. The time limit may be extended for a period ~reater than 60 days with the a~reement 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 includin~ the inclusion of any and all attached conditions shall be submitted to filed by the petiti0ner v:ith 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 of the City Code and the Zoning Ordinance 83-6, Section 7.6B are hereby amended as follows: 2 B. Procedure: Procedure for obtaining a variance from the regulations of the Ordinance are as follows: L Prior to filin~ an application for variance the prospective applicant( s) will schedule a preliminary meetini with the Zonini Officer or appointee to discuss items inc1udin2. 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. 2. The property owner or agent shall file with the Zoning Officer an application form with required exhibits plus a filling fee in an amount established annually by the City Council. 3. The Board of Adjustment shall, within (~QQ) days of submittal of all required exhibits, approve, deny, or conditionally approve a variance application (Ord. 89-09) ~ The Board of Adjustment shall a.pprove 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 providin~ written notice to the applicant settinfi forth the reasons for the extension and its anticipated lenfith. The time limit may be extended for a period ireater than 60 days with the a,~reement of the applicant. ~ The time linlit for action on a request for variance befiins llPon receipt of a written request containin~ 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 specifYin~ the missini information. In that event. the time limit will commence llPon receipt of the required. missini information. If the Zonini Officer. or other designated official. fails to send notice of missini information. the time limit will run from the date of receipt of the written request. ~ In the event a decision of the Board of Acljustment 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 Plannini Department. Title 5 of the City Code and the Zoning Ordinance 83-6, Section 7.9 are hereby amended as follows: AMENDMENTS: Prior to filini an application for variance the prospective applicant(s) will schedule a preliminary meetin~ with the Zonini Officer or appointee to discuss items includin~. but not limited to the nature of the proposed use. consistency of the proposal with a,pplicable 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 3 ---r 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 of the City Code and the Zoning Ordinance 83-6, Section 7. 9D regarding amendments are hereby amended as follows: 4. The Planning Commission shall hold the public hearing and shall then recommend within sixty (60) days thirty (30) days approval, denial or conditional approval, transmitting its recommendations to the City Council for official action. ~ 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 of the City Code and the Zoning Ordinance 83-6, Section 7.9E are hereby amended as follows: 3. HEARINGS: At the time set for the hearing, the City Council shall hear arguments for and against the proposed change, and 1k 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 2reater than 60 days with the agreement of the applicant. If the hearing is continued more than once, renotice to the public shall be required. ~ 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 ~eater than 60 days with the agreement of the applicant. 4 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