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HomeMy WebLinkAbout5(D) Supermajority Ordinance Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 6, 2019 AGENDA #: 5D PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR PRESENTED BY: CASEY MCCABE AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE RELATING TO VOTING REQUIREMENTS FOR ZONING CHANGES GOAL AREA AND OBJECTIVE: Desirable & Sustainable Development 1. Intentional land use planning that facilitates commercial development for an ex- panded tax base. DISCUSSION: Introduction The purpose of this agenda item to consider amendments to Section 1108 of the Prior Lake city code. The proposed amendments would require a two-thirds super- majority 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 classification 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 intended 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, wel- fare, 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 commercial or industrial. Current Circumstances In conformance with State Statute, Prior Lake’s zoning ordinance requires a two- thirds supermajority vote of all council members (4 of 5) 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 (3 of 5). 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 classifi- cation from a commercial or industrial use to a residential use. The proposed ordi- nance would also require a two-thirds majority vote of the council to remove the 2 supermajority voting requirement related to commercial/industrial to residential amendments. Conclusion The proposed ordinance amendments are intended to preserve commercial and industrial properties designated by the City of Prior Lake for commercial and indus- trial uses. Maintaining an adequate supply of commercial and industrial land will help the city build a diversified tax base and provide employment opportunities 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, rec- ommendations 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 ordinance, 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 require- ments. 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 community and maintain their stability. ➢ Promote the most appropriate and orderly development of the residential, busi- ness, 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 estab- lished 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. The Planning Commission held a public hearing on the proposed ordinance amend- ments on April 22, 2019 and on a vote of 5-0, recommended the City Council ap- prove the Ordinance as proposed. ISSUES: State Statute 462.357 Subd. 2 (b) states a simple majority of the council is all that is required to adopt or amend a zoning ordinance, with one exception, a two-thirds vote of the council is required to change the zoning classification of a district from residential to either commercial or industrial. If approved, the proposed ordinance amendments would be more restrictive than State Statute. The City Attorney does not feel a challenge to this ordinance is likely; however, a court could find that add- ing the supermajority requirement exceeds the City’s authority. An amendment to the City Council Bylaws is not necessary as a result of this ordi- nance amendment. The bylaws provide in section 603 that three votes are neces- sary for an ordinance unless otherwise provided by these bylaws, State Statute or 3 City Code. Since this revision is to City Code it overrules the standard vote require- ment. ALTERNATIVES: 1. Motion and a second as part of the consent agenda to approve an Ordinance amending Section 1108 of the Prior Lake city code as proposed and a Resolu- tion adopting the Summary of Ordinance and ordering the publication of said summary. 2. Remove this item from the consent agenda for additional discussion. RECOMMENDED MOTIONS: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 19-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 119-___ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On May 6, 2019, the City Council adopted Ordinance No. 119-___ amending Section 1108 (Conditional Use Permits, Variances, Amendments and Interim Use Permits) of the Prior Lake City Code relating to voting requirements for zoning changes; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Section 1108 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. 119-___ is lengthy. 3. The text of summary of Ordinance No. 119___, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after May 6, 2019. PASSED AND ADOPTED THIS 6th DAY OF MAY 2019. VOTE Briggs Thompson Burkart Braid Erickson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Michael Plante, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. ___ CITY OF PRIOR LAKE ORDINANCE NO. 119-____ 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 following is only a summary of Ordinance No. 119-___. The full text will be available for public inspection after May 6, 2019 by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Section 1108 (Conditional Use Permits, Variances, Amendments and Interim Use Permits) of the Prior Lake City Code to require a two-thirds majority vote of the council to adopt or amend the zoning ordinance to change an existing classification from a commercial or industrial use to a residential use. 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 May 2019. ATTEST: _________________________ __________________________ Michael Plante, City Manager Annette Thompson, Acting Mayor Summary published in the Prior Lake American on the 11th day of May 2019. 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 119-___ 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 6th day of May 2019. ATTEST: _________________________ __________________________ Michael Plante, City Manager Annette Thompson, Acting Mayor A summary of this ordinance was published in the Prior Lake American on the 11th day of May 2019.