HomeMy WebLinkAbout10B - Zoning Ord. Amendment
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
JUNE 6, 2005
lOB
DANETTE MOORE, PLANNING COORDINATOR
CONSIDER APPROVAL OF A ZONING ORDINANCE
AMENDMENT TO SECTION 1109.400 AMENDING
LANGUAGE RELATING TO COUNCIL ACTION FOR
AN APPEAL FROM PLANNING COMMISSION/BOARD
OF ADJUSTMENT ACTION
(Case File #05-148)
Historv: In response to a recent appeal, the City Council
directed staff to review the City Code to clarify potential
actions that could be taken by the Council in cases of appeals.
The Planning Commission held a public hearing on May 23,
2005 to consider the proposed amendment to the City's Zoning
Ordinance. The Commission recommended approval of this
amendment with a vote of 4-0.
Current Circumstances: Section 1109.400 states, "... The City
Council shall hear the appeal within 30 days of the filing of the
appeal unless that period is extended with consent of the
appellant. The City Council may reverse a decision of the
Board of Adjustment by an affirmative vote of the majority of
its full membership. The City Council shall render a decision
within 30 days of the conclusion of the appeal hearing. "
At the time of an appeal hearing, the Council may have a
situation where additional conditions would be appropriate to
mitigate potential neighborhood or land use concerns. Section
1109.400 does not specifically state the Councils ability to
apply additional conditions. For this reason, it may be
beneficial to consider adding the following language to the
Zoning Code:
Section 1109.400 APPEAL TO THE CITY COUNCIL.
The City Council may uphold the decision of the Planning
Commission, or where applicable, acting as the Board of
Adjustment, may affirm the decision with revised or additional
conditions they deem appropriate, or may reverse the decision
of the Planning Commission or Board of Adjustment.
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ISSUES
CONCLUSION:
ALTERNATIVES:
Section 1109.400 of the Zoning Ordinance states that
recommendations of the Planning Commission and final
determinations of the City Council shall be supported by
findings addressing the relationship of the proposed
amendment to the following policies:
1. There is a public need for the amendment.
There is a public need for the amendment. The
proposed amendment would provide clarification of the
options that exist for the City Council in cases of
appeals.
2. The amendment will accomplish one or more of the
purposes of this Ordinance, the Comprehensive
Plan, or other adopted plans or policies of the City.
Objectives and policies of the Comprehensive Plan
include:
· Determine and strive for a balance of commerce,
industry and population;
· Encourage a diversified economic base and a broad
range of employment opportunities;
· Promote sound land use; and
· Maintain high standards in the promotion and
development of commerce and industry.
· The proposed amendment strives to accomplish the
obj ectives and policies of the Comprehensive Plan.
If approved, it will provide clarification as to the
Council options in relation to appeals, which will
continue to promote sound land use.
3. The adoption of the amendment is consistent with
State and/or Federal requirements.
This anlendment is consistent with federal and state
laws.
The proposed amendment is consistent with the goals and
objectives of the Comprehensive Plan and the enabling
legislation set forth in Minnesota statutes. Based upon the
findings set forth in this report, staff recommends approval.
The City Council has the following alternatives:
1. Adopt the ordinance amendment as recommended by the
Planning Commission and the staff.
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RECOMMENDED
ACTION:
REVIEWED BY:
2. Deny the ordinance amendment.
3. Defer this item and provide staff with specific direction.
Staff recommends Alternative # 1. This action requires the
following motion:
1.
ond amending the Zoning Ordinance to
language related to City Council actions
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16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 05- XX
AN ORDINANCE AMENDING SECTION 1109.400 OF THE PRIOR LAKE CITY
CODE
The City Council of the City of Prior Lake does hereby ordain that:
Section 1109.400 of the Prior Lake City Code is hereby amended to read as follows:
Any owner of affected property or any owner of property situated wholly or partly within
350 feet of the affected property or and officer or department representative of the City
may appeal the decision of the Planning Commission. or where applicable. acting as the
Board of Adjustment to the City Council. The appeal must be in writing and must be
filed with the Zoning Administrator within 5 calendar days after the date of the Board of
Adjustment decision. The required fee shall be paid when the appeal request is filed.
When an appeal is received by the City, the applicant will be notified of the date and
time the City Council will hear the appeal. No appeal will be heard until all owners of
property within 350 feet of the subject property are notified of the date scheduled for the
appeal hearing. Notice shall be provided in the manner set out in subsection 1109.200.
The City Council shall hear the appeal within 30 days of the filing of the appeal unless
that period is extended with consent of the appellant. The City Council may uphold the
decision of the Planning Commission. or where applicable. acting as the Board of
Adiustment. may affirm the decision with revised or additional conditions they deem
appropriate. or may reverse the decision of the Planning Commission or Board of
Adiustment. The City Council may reverse a decision of the Board of Adjustment by an
affirmative vote of the majority of its full membership. The City Council shall render a
decision within 30 days of the conclusion of the appeal hearing.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 6th day of June, 2005.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
, 2005.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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Phone 952.447.4230 / Fax 952.447.4245