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HomeMy Public PortalAbout417CITY OF MEDINA ORDINANCE NO.417 AN ORDINANCE AMENDING SECTIONS 825.37; 825.43; 825.47; 825.77;.AND 827.33 OF THE MEDINA CODE OF ORDINANCES RELATING TO NOTICE REQUIREMENTS The City Council of the City of Medina ordains as follows: Section I. The code of ordinances of the city of Medina is amended by deleting the stricken language and adding the underscored language as follows: 1. Section 825.37. Procedure on Zoning Amendments. Subd. 1. An amendment to the text of the Ordinance or zoning map may be initiated by the City Council, the Planning Commission or by application of a property owner. Any amendment not initiated by the Planning Commission shall be referred to the Planning Commission for review and may not be acted upon by the Council until it has received the Planning Commission recommendations. Individuals wishing to initiate an amendment to the Zoning Ordinances shall fill out a zoning amendment application form signed by the property owner and submit it to the Zoning Administrator. Subd. 2. The property owner applying for a zoning amendment shall fill out and submit to the Administrator a rezoning application form. A survey shall be attached if requested by the Zoning Administrator. A site plan must be attached at a scale large enough for clarity showing the following information: (a) location and dimensions of: lot, building, driveways, and off-street parking. (b) Distance between: building and front, side, and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. (c) Location of: signs, easements, underground utilities, septic tanks, tile fields, water wells, etc. (d) Any additional information as may reasonably be required by the Administrator and applicable sections of the Zoning Ordinance. Subd. 3. A public hearing on the rezoning application shall be held by the Planning Commission within a reasonable time daya after the request for the zoning amendment has been received. Notice of said hearing shall be published in the official newspaper designated by the City Council at least ten (10) days prior to the public hearing. For land located in the RR, RR-1, RR-2 or RR-UR zoning districts, ahe City Clerk -Treasurer shall mail the same notice to the owners of property located within 1000 three hundred and fifty (350) feet (or such greater distance as the Zoning Administrator may determine, based upon the anticipated impact of the proposal) of the outer boundaries of the land proposed to be rezoned. For land located in any other zoning district, the City Clerk -Treasurer shall mail notice to the owners of property located Ordinance No. 417 October 17, 2006 1 within 350 feet of the outer boundaries of the land proposed to be rezoned. The notice shall include the description of the land and the proposed changes in zoning. The City Council may waive the mailed notice requirement for a city-wide amendment initiated by the Planning Commission or City Council. The Planning Commission shall make its report to the City Council within a reasonable time following the hearing recommending approval, disapproval or modified approval of the proposed amendment. Subd. 4. The Medina City Council must take action on the application within the time period prescribed by state lawcixty days following referral by the Planning Commission. The person making the application shall be notified of the action taken. The Zoning Administrator shall maintain records of amendments to the text and zoning map of the Ordinance. Subd. 5. No application of a property owner for an amendment to the text of the Ordinance or the zoning map shall be considered by the Planning Commission within the one- year period following a denial of such request, except the Planning Commission may permit a new application, if in the opinion of the Planning Commission, new evidence or a change of circumstances warrant it. 2. Section 825.43. Procedure on Conditional Use Permits. Subd. 1. The applicant applying for a conditional use permit shall fill out and submit to the Zoning Administrator a conditional use application form. A site plan must be attached at a scale large enough for clarity showing the following information: (a) Location and dimensions of: lot, building, driveways, and off-street parking spaces. (b) Distance between: building and front, side and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. (c) Location of: signs, easements, underground utilities, septic tanks, tile fields, water wells, etc. (d) Any additional information as may reasonably be required by the Administrator and applicable sections of the zoning ordinance, including but not limited to the following: (i) site plan drawn at scale dimensions with setback noted. (ii) location of all buildings, heights, and square footage. (iii) curb cuts, driveways, parking spaces. (iv) drainage plan. (v) type of business, proposed number of employees by shift. (vi) proposed floor plan with use indicated and building elevations. (vii) sanitary sewer and water plan with estimated use per day. (viii) a lighting plan showing the lighting of parking area, walks, security lighting and driveway entrance lights. (ix) a landscape plan with a schedule of the plantings. (x) a survey. Ordinance No. 417 October 17, 2006 2 Subd. 2. The Zoning Administrator shall refer the application to the Planning Commission for review. Subd. 3. The Planning Commission shall hold a public hearing on the proposal. Notice of the public hearing shall be published in the official newspaper designated by the City at least ten (10) days prior to the hearing. For land located in the RR, RR-1, RR-2 or RR-UR zoning districts, nNotice of the hearing shall also be mailed to owners of property located within 1000 three hundred fifty (350) feet of the outer boundaries of the land to which the conditional use will be applicable. For land located in any other zoning district, notice shall be mailed to the owners of property located within 350 feet of the outer boundaries of the land to which the conditional use will be applicable. The notice shall include a description of the land and the proposed conditional use. Subd. 4. The report of the Planning Commission shall be placed on the agenda of the but not later than sixty days after the public hearing. The City Council must take action on the application within the time period prescribed by state law. The person making the application shall be notified of the action taken. Subd. 5. If Tthe City Council grants the conditional use permit, the City Council may impose conditions it considers necessary to protect the public health, safety and welfare, and such conditions may include a time limit for the use to exist and operate. Subd. 6. An amended conditional use permit application shall be administered in a manner similar to that required for a new specialconditional use permit. Amended specialconditional use permits shall include requests for changes in conditions and as otherwise described in this Ordinance. Subd. 7. No application for a conditional use permit shall be resubmitted for a period of six (6) months from the date of said order of denial unless substantial new facts or information can be presented. Subd. 8. If periodic review is included as a condition by which a conditional use permit is granted, the Zoning Administrator shall investigate and report to the City Council on the need for a public hearing to consider any failure of the applicant to meet the conditions imposed by the City Council. Such public hearing, if required, shall follow the procedure set forth in Section 825.43, Subd. 3 of this Code. Subd. 9. In the event that the applicant violates any of the conditions set forth in thisthe conditional use permit, the City Council shall have the authority to revoke the conditional „se permit. Subd. 10. Upon a change of tenancy in an existing conditional use permit in commercial or industrial uses, the Zoning Administrator is authorized to allow the new tenant to continue upon the same terms and conditions, making only such changes as are reasonably required to implement the intent of the City Council in issuing the original permit. Ordinance No. 417 October 17, 2006 3 3. Section 825.47. Procedure on Variances. Subd. 1. The person applying for a variance must fill out and submit to the Zoning Administrator a variance request form. A site plan must be attached at a scale large enough for clarity showing the following information: (a) Location and dimensions of lot lines, buildings, driveways, and off-street parking spaces; (b) Distances between buildings and front, side, and rear lot lines; principal buildings and accessory buildings; and principal buildings and principal buildings on adjacent lots; (c) Location of any signs, easements, underground utilities, septic tanks, tile fields, water wells, or similar features; and (d) A survey, if requested by the Zoning Administrator. Subd. 2. The planning commission must hold a meeting on the proposal. For land located in the RR, RR-1, RR-2 or RR-UR zoning districts, nNotice of the meeting must *Ise be mailed at least 10 days prior to the meeting to owners of property located within 1000 three hundred fifty (350) feet of the outer boundaries of the land to which the variance will be applicable. For land located in any other zoning district, notice shall be mailed at least 10 days prior to the meeting to owners of property located within 350 feet of the outer boundaries of the land to which the variance will be applicable. The notice must include a description of the land and the proposed variance. Subd. 3. After review and recommendation by the planning commission, the variance must be referred to the Board of Adjustment and Appeals. The Board of Adjustment and Appeals may grant, deny or condition approval of the variance on such terms as it considers reasonably necessary to protect the public health, safety or welfare, including a limit on the period of time the use benefiting from the variance may exist or operate. The Board of Adjustment and Appeals must make its decision within the time period prescribed by state law. The applicant shall be notified of the action taken. Subd. 4. Any variance granted by the Board of Adjustment and Appeals is valid for one year following final action by the Board and must be used within such period of time. After such period, the variance is null, void and of no effect unless the Board grants an extension upon request by the variance holder prior to the expiration of the year. Prior to granting any extension, the Board must find that the owners of neighboring properties will not be adversely affected by the extension. A variance is deemed to have been used if, prior to the expiration of one year or such extension as the Board may grant, a building permit has been issued and over fifty percent of the work has been performed. Ordinance No. 417 October 17, 2006 4 4. (This provision applies to interim use permits.) Section 825.77. Planning Commission Review; Public Hearing. Subd. 1. The planning commission shall review the proposed interim use permit on the basis of the information and documentation submitted by the applicant and any other information available to it. The planning commission shall hold a public hearing on the proposed interim use. Notice of the time, place and purpose of the hearing shall be published in the city's official newspaper at least ten days prior to the date of the hearing. For land located in the RR, RR-1., RR-2 or RR-UR zoning districts, nNotice shall also be mailed at least ten days prior to the hearing to each owner of affected property and property situated wholly or partly within 1000 ;SO feet of the property to which the interim use relates. For land located in any other zoning district, notice must also be mailed at least 10 days prior to the hearing to each owner of property situated wholly or partly within 350 feet of the property to which the interim use permit relates. Subd. 2. The planning commission shall review the proposed interim use to determine whether it is consistent with the requirements of this ordinance. Following the public hearing, the planning commission shall recommend that the interim use be approved with conditions or denied. The planning commission shall forward its recommendation to the city council along with a list of suggested conditions if it recommends approval of the permit. 5. (This provision applies to PUD concept plans.) Section 827.33 Concept Plan. Subd. 1. Application Procedure. (a) As the first step in the review procedure for a PUD, an applicant shall complete and submit to the City an application form for Concept Plan approval, together with a fee as determined by City Council resolution. The applicant shall submit with the application such information as is required by the City and such other information as deemed necessary to explain the general intent of the application. Should Concept Plan approval be granted for a PUD, this approval in no way shall bind the City to subsequent approval of a General Plan of Development. (b) Once an application for Concept Plan approval is complete, the Zoning Administrator shall refer it to the Planning Commission for a public hearing. Notice of such public hearing shall be published in the official newspaper at least ten (10) days in advance of the hearing. operers For land located in the RR, RR-1, RR-2 or RR-UR zoning districts, notice of the hearing shall also be mailed to owners of property located within three hundred fifty (350) 1,000 feet of the subject property shall be notified of this hearing, as listed in the records of the City Assessor, although the failure of any property owner to receive such notification shall not invalidate the proceedings. Notification shall be by mail to all such property owners, shall be given at least ten (10) days in advance of the hearing, and may include a larger geographic area if deemed advisable by the Zoning Administrator. For land located in any other zoning district, notice of the hearing Ordinance No. 417 October 17, 2006 5 shall also be mailed to owners of property located within 350 feet of the subject property. Section II. This ordinance shall take effect upon its adoption by the city council and publication in the City's official newspaper. Adopted by the Medina city council on the 17th day of October 2006. B ce D. Workman, Mayor ATTEST: 94 /7-_._. Chad M. Adams, City Administrator -Clerk Published in the South Crow River News this 23rd day of October, 2006. Ordinance No. 417 October 17, 2006 6