HomeMy WebLinkAbout5B - Required Notice for a Comp. Zoning
AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ISSUES:
STAFF AGENDA REPORT
5B
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF ORDINANCE #98-XX
AMENDING THE PROVISIONS OF THE ZONING
ORDINANCE RELATING TO THE REQUIRED NOTICE FOR
A COMPREHENSIVE REZONING
APRIL 6,1998
The purpose of this item is to consider an amendment to the
Zoning Ordinance relating to the publication dates for a
comprehensive rezoning. The proposed amendment will
make the required publication dates compatible with the
newspaper publication schedule and the meeting schedules.
The Zoning Ordinance currently requires the City Council to
hold a public hearing on any proposed Comprehensive
Rezoning, such as the adoption of a new Zoning Ordinance
and Zoning Map. Notice of the public hearing must be
published in at least three weekly issues of the newspaper,
and the hearing shall be held not less than ten days or more
than fifteen days after the last publication.
The problem with this requirement is that it does not coincide
with the publishing schedules of the newspaper or the City.
Council meeting dates. Since we cannot meet the prescribed
timelines, it is necessary to change the ordinance. The
proposed amendment does not change the intent of the
ordinance. Notice will still be published in three weekly issues
of the paper. However, the public hearing will be held not less
than nine days or more than sixteen days after the date of the
last publication.
Plannina Commission Recommendation: The Planning
Commission reviewed this amendment at a public hearing on
March 9, 1998. The attached minutes of the Planning
Commission meeting summarize the discussion of this matter.
The Commission recommended approval of this amendment.
Staff Recommendation: The staff concurs with the Planning
Commission recommendation.
The City Council is currently reviewing a proposed zoning
ordinance and zoning map. A public hearing will be
necessary for this ordinance. This amendment is necessary
so the public hearing can be held in accordance with the
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
REPORT
ATTACHMENTS:
prescribed timelines.
1. Adopt Ordinance 98-XX as proposed or with specific
changes directed by the Council.
2. Further discuss this issue and direct the staff to provide
additional information to the City Council.
3. Deny the proposed amendment.
Adopt Alternative #1. The proposed amendment is necessary
to allow the required publication dates to coincide with the
hearing date.
A motion and second as part of the consent agenda to
approve Ordinance 98-XX. If the Council chooses to adopt
this ordinance, this action requires a 4/5 vote of the Council.
1. Proposed Ordinance
2. Minutes of March 9, 1998, Planning Commission Meeting
3. Planning Report dated ch 9, 1998
"
RevieweeYk BjYleS, City Manager
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Page 2
CITY OF PRIOR LAKE
ORDINANCE NO. 98- XX
AN ORDINANCE AMENDING SECTION 5-6-10 (F,3) OF THE PRIOR LAKE
CITY CODE AND AMENDING SECTION 7.9 (F,3) OF THE PRIOR LAKE
ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Section 5-6-10 (F,3) of the Prior Lake City Code and Section 7.9 (F,3) of the Prior Lake
Zoning Ordinance 83-6 are hereby amended to read as follows:
3. Notice. The Zoning Officer shall publish notice in at least three (3) weekly issues of
the official newspaper on the proposed rezoning amendment. The public hearing
shall be held not less than teft nine (+9 2) or more than fifteen sixteen (# 16) days
after the last publication.
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 April, 1998.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the 11 th day of April, 1998.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
16200 E1a~MiI@~~<8~1l&\?lBt?d\ot!S~,.<Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (61'&)JG47-4245
AN EQUAL OPPORTUNITY EMPLOYER
MARCH 9,1998 PLANNING COMMISSION MEETING MINUTES
ON A SUB ANDARD LOT; AND A 1.5 FOOT VARIANCE TO PERMIT A
DRIVEWAY S BACK OF 3.5 FEET INSTEAD OF THE RE D 5 FEET.
fied ayes by all. MOTION CARRIED.
Vote taken signified a s by all. MOTION CARRIED.
MOTION BY CRIEGO,
Discussion:
Kuykendall commented" f of the requiremen . s because of the measurement from the
roof line rather than the ace of the structure, the 0 foot overhang and where the water
really goes."
Kuykend 11 requested staff to raise as a point of discussion overhangs versus sun roofs.
~
C. Case File #98-024 Consider an Amendment to the Zoning Ordinance
relating to the required notice for a Comprehensive Rezoning.
Planning Coordinator Jane Kansier presented the staff report dated March 9, 1998 on file
in the office ofthe City Planner.
The hearing is to consider an amendment to the Zoning Ordinance relating to the
publication dates for a comprehensive rezoning. The proposed amendment will bring the
required publication dates into conformance with the newspaper publication schedule and
the meeting schedules.
Section 7.9 F of the Zoning Ordinance outlines the procedures for a Comprehensive
Rezoning. Subsection 3 of this section states the following:
3. Notice. The Zoning Officer shall publish notice in at least three (3) weekly issues of
the official newspaper on the proposed rezoning amendment. The public hearing
shall be held not less than ten (10) or more than fifteen (J 5) days after the last
publication.
The problem with this requirement is that it does not coincide with the publishing
schedules of the newspaper and the meeting date.
Since staff cannot meet the timelines prescribed by the ordinance, it is necessary to
change the ordinance. The proposed change is relatively simple, and does not change the
intent of the ordinance. Notice will still be published in three weekly issues of the paper.
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6
The public hearing date will be held not less than nine (9) or more than sixteen (16) days
after the last publication.
Staff recommended the Council approve the amendment as proposed, or with changes
specified by the Planning Commission.
There were no comments from the public.
The hearing was closed at 7:25 p.m.
Comments from the Commissioners:
Criego:
. Agreed with staff.
V onhof, Kuykendall and Starns on.
. Concurred with Criego.
MOTION BY CRIEGO, SECOND BY VONHOF, TO RECOMMEND APPROVAL OF
THE PROPOSED AMENDMENT.
Vote taken signified ayes by all. MOTION CARRIED.
s.
A. Case e #98-016 to 98-018 (Continued) con der an Amendment to the
Planned Unit De elopment to be known as Windson n the Lake 3rd Addition.
Planning Coordinato Jane Kansier reviewed the st freport dated March 9, 1998 on file
with the City Planner.
The Planning Commission eld a public he ng on February 23, 1998, to consider this
request. The Planning Co ission conti ed action on this item until March 9, 1998.
Two of the Commissioners the applicant work with the homeowner's
association on this request.
The developer notified the Planni ff he cannot schedule a homeowner's association
meeting until March 17, 1998. e is th efore requesting this item be continued until the
April 13, 1998, Planning Co ission me ing. Staff agreed.
Comments by the Com ssioners:
TO CONTINUE THE MEETING TO
MOTION BY CRIE
APRIL 13, 1998.
fied ayes by all. MOTION CARRIED.
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7
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
4C
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE ZONING ORDINANCE RELATING TO THE
REQUIRED NOTICE FOR A COMPREHENSIVE
REZONING (Case File #98-024)
JANE KANSIER, PLANNING COORDINATOR
X YES NO
MARCH 9, 1998
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
The purpose of this public hearing is to consider an amendment to the Zoning
Ordinance relating to the publication dates for a comprehensive rezoning. The
proposed amendment will bring the required publication dates into conformance
with the newspaper publication schedule and the meeting schedules.
DISCUSSION:
Section 7.9 F of the Zoning Ordinance outlines the procedures for a
Comprehensive Rezoning. Subsection 3 of this section states the following:
3. Notice. The Zoning Officer shall publish notice in at least three (3) weekly
issues of the official newspaper on the proposed rezoning amendment. The
public hearing shall be held not less than ten (10) or more than fifteen (15)
days after the last publication.
The problem with this requirement is that it does not coincide with the publishing
schedules of the newspaper and the meeting date. For example, if the
newspaper were published on Fridays, or meetings were scheduled on
Tuesdays, we could meet these timelines.
Since we cannot meet the timelines prescribed by the ordinance, it is necessary
to change the ordinance. The proposed change is relatively simple, and does
not change the intent of the ordinance. Notice will still be published in three
weekly issues of the paper. The public hearing date will be held not less than
nine (9) or more than sixteen (16) days after the last publication.
1:\98files\98ordamd\zoning\98-024\98024pc.doc
16200 Eagle Creek Ave. S.E" Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
1. Recommend the Council approve the amendment as proposed, or with
changes specified by the Planning Commission.
2. Recommend the Council deny the proposed amendment.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends alternative #1.
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendments.
REPORT ATTACHMENTS:
1. Draft Ordinance Language
2. Hearing Notice
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Page 2
CITY OF PRIOR LAKE
ORDINANCE NO. 98-
AN ORDINANCE AMENDING SECTION 5-6-10 (F,3) OF THE PRIOR LAKE
CITY CODE AND AMENDING SECTION 7.9 (F,3) OF THE PRIOR LAKE
ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Section 5-6-10 (F,3) of the Prior Lake City Code and Section 7.9 (F,3) of the Prior Lake
Zoning Ordinance 83-6 are hereby amended to read as follows:
3. Notice. The Zoning Officer shall publish notice in at least three (3) weekly issues of
the official newspaper on the proposed rezoning amendment. The public hearing
shall be held not less than teE: nine (W 2) or more than fifteen sixteen (# 16) days
after the last publication.
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
.1998.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
day of
.1998.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
I :\98files\98ordamd\zoning\98-024\draftord.doc
PAGEl
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO
SECTION 5-6-10 (F,3) OF THE OF THE CITY CODE AND SECTION 7.9 (F,3)
OF THE ZONING ORDINANCE RELATING TO THE REQUIRED NOTICE
FOR A COMPREHENSIVE REZONING
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road SE, on Monday,
March 9, 1998, at 6:30 p.m. or as soon thereafter as possible. The purpose of the
public hearing is to consider an amendment to Section 5-6-10 (F,3) of the City Code and
7.9 (F,3) of the Zoning Ordinance as it pertains to the required notice for a
comprehensive rezoning. The Ordinance currently requires publication of the notice of
the City Council public hearing in three weekly issues of the newspaper. The public
hearing must then be held not less than 10 days nor more than 15 days following the
publication of the last notice. This amendment will require the public hearing be held not
less than 9 days nor more than 16 days following the publication of the last notice. This
change is consistent with the schedule of meetings and the publication ofthe newspaper.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, please contact the Prior Lake Planning Department at
447-4230 between the hours of8:00 a.m. and 4:30 p.m. Monday through Friday.
Prepared this 18th day of February, 1998 by:
Jane Kansier, Planning Coordinator
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON FEBRUARY 21,
1998
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16200 Eagle Lreel< Ave. ~.t.., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER