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HomeMy WebLinkAbout4C Amendments of the City Code Section 1108 PL City Code - PC Report 4646 Dakota Street SE Prior Lake, MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: APRIL 22, 2019 AGENDA #: 4C PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR PRESENTED BY: CASEY MCCABE AGENDA ITEM: CONSIDER RECOMMENDING AMENDMENTS TO SUBSECTION 1108 OF THE PRIOR LAKE CITY CODE RELATING TO VOTING REQUIREMENTS FOR ZONING CHANGES DISCUSSION: Introduction The purpose of this public hearing is to consider amendments to Section 1108 of the Prior Lake city code. The proposed amendments would require a two-thirds supermajority vote of all members of the city council for adoption or amendment to any part of the zoning ordinance that changes all or part of the existing classi- fication of a zoning use district from a residential designation to either commercial or industrial designation. History The Prior Lake zoning ordinance provides for the classification and regulation of uses and structures within the city. The classifications and regulations are in- tended to effectuate the goals and policies of the city's comprehensive plan, to assure for the orderly and efficient growth within the city and promote the general health, welfare, and safety of the community and its residents. In 2001, the State Legislature changed the Municipal Planning Act requirements related to city council votes required to adopt or amend a zoning ordinance. The prior law required a two-thirds supermajority vote of the council to adopt or amend a zoning ordinance. The statute was changed so a simple majority of the council is all that is required with one exception, a two-thirds vote of the council is required to change the zoning classification of a district from residential to either commer- cial or industrial. Current Circumstances In conformance with State Statute, Prior Lake’s zoning ordinance requires a two- thirds supermajority vote of all council members to adopt or amend any part of the ordinance that changes an existing classification from residential to either commercial or industrial; however, classification changes from commercial or in- dustrial to residential only require a simple majority vote of the council. The proposed ordinance amendments would require a two-thirds majority vote of the council to adopt or amend the zoning ordinance to change an existing classi- fication from a commercial or industrial use to a residential use. The proposed ordinance would also require a two-thirds majority vote of the council to remove the supermajority voting requirement related to commercial/industrial to residen- tial amendments. 2 Conclusion The proposed ordinance amendments are intended to preserve commercial and industrial properties designated by the City of Prior Lake for commercial and in- dustrial uses. Maintaining an adequate supply of commercial and industrial land will help the city build a diversified tax base and provide employment opportuni- ties for its residents through new business attraction as well as expansion and retention of existing Prior Lake businesses. Subsection 1108.600 (Policy for Amendments) of the zoning ordinance states, 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: In the case of amendments to the formal text of this ordinance: ➢ There is a public need for the amendment, or ➢ The amendment will accomplish one or more of the purposes of this ordi- nance, the comprehensive plan or other adopted plans or policies of the city, or ➢ The adoption of the amendment is consistent with state and/or federal requirements. In city staff’s opinion, the proposed ordinance amendment will help accomplish the following findings and purpose of the zoning ordinance: ➢ Protect the residential, business, industrial and public areas of the com- munity and maintain their stability. ➢ Promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas. ➢ Provide for compatibility of different land uses by segregating, controlling and regulating unavoidable nuisance producing uses. ➢ Require that development proceed according to the goals and policies established in the city's comprehensive plan. ➢ Maintain a tax base necessary to promote the economic welfare of the city by insuring optimum values for property in the city. ➢ Establish a continuing system of review of this ordinance to insure it will be amended to meet changing needs of the community and advances in science and technology. ISSUES: The City Attorney has drafted the proposed ordinance amendments and staff is requesting the planning commission review and recommend the city council ap- prove the amendments as proposed. ALTERNATIVES: 1. Motion and a second to recommend the city council approve the amendments to Section 1108 of the Prior Lake city code, as proposed or as may be further amended by the planning commission. 2. Motion and a second to recommend the city council deny the proposed amendments to Subsection 1108 of the Prior Lake city code. 3. Motion and a second to table discussion of the item to a future meeting date and provide staff with direction. RECOMMENDED MOTIONS: Alternative #1 ATTACHMENTS: 1. Proposed Ordinance Amendments 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. _________ AN ORDINANCE AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE RELATING TO THE VOTING REQUIREMENTS FOR ZONING CHANGES AND ADOPTING BY REFERENCE CITY CODE SECTION 104; WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota, ordains: Section 1. City Code Subsection 1108.500 is amended by deleting subsection 1108.506 in its entirety and replacing it with the following: 1108.506. Adoption. (1) Amendments to this Ordinance or to the Official Zoning Map require a majority vote of all members of the City Council. The adoption or amendment of any part of the Zoning Ordinance that changes all or part of the existing classification of a Zoning Use District from residential to either commercial or industrial requires a two-thirds majority vote of all of the members of the City Council. (2) The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from either commercial or industrial to residential requires a two-thirds majority vote of all members of the governing body. The adoption of any amendment changing this requirement requires a two- thirds majority vote of all members of the governing body. Section 2. City Code Subsection 1108.700 is amended by deleting subsection 1108.704 in its entirety and replacing it with the following: 1108.704. Adoption. The City Council shall act upon the proposed rezoning within 60 days after the Council has received the Planning Commission recommendation. (1) A majority vote of all members of the Council shall be required to adopt any amendments to the Zoning Ordinance. The adoption or amendment of any part of the Zoning Ordinance that changes all or part of the existing classification of a Zoning Use District from residential to either commercial or industrial requires a two-thirds majority vote of all of the members of the City Council. (2) The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from either commercial or industrial to residential requires a two-thirds majority vote of all members of the governing body. The Page 2 of 2 adoption of any amendment changing this requirement requires a two- thirds majority vote of all members of the governing body. (3) The City Council may alter the amendment proposed, but if the alteration results in a modification of the Zoning Map filed at the time of the first publication of notice of the hearing, it shall not be made until 10 days after notice has been given by registered mail to the owner of the property to be zoned that an amendment is being considered and may be adopted which is different from that shown on the original Zoning Map filed in support of the requested zoning change. Section 3. City Code Section 104 entitled “General Penalty” is adopted in its entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective upon its passage and publication. Passed by the City Council of the City of Prior Lake this ______ day of ___________, 2019. ATTEST: _________________________ __________________________ Michael Plante, City Manager Kirt Briggs, Mayor Published in the Prior Lake American on the _____ day of ___________, 2019.