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HomeMy WebLinkAbout119-04 Supermajority OrdinancePLO W4 4646 Dakota Street SE Prior Lake. MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. 119=04 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 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. Page 2 of 2 CITY OF PRIOR LAKE ORDINANCE NO. 119-04 AN ORDINANCE AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE RELATING TO THE VOTING REQUIREMENTS FOR ZONING CHANGES AND ADOPTIONS 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 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 on 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 Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) LaurieA. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, asprovided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. �� 3 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijkhnnopgrstuvwxyz Subscribed and sworn before me on this day of � 2019 Laurie A. Hartmann �F �� JYMME JEANNETTE BARK NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 01/31/23 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter.............. $31.20 per column inch Rate actually charged for the above matter .............................................. $13.62 per column inch 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 entitles "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. Passes by the City Council of the City of Prior Lake this 6" day of May 2019. ATTEST: Michael Plante City Manager Annette Thompson Acting Mayor (Published in the Prior Lake American on Saturday, May 1 2019• No 7433)