HomeMy WebLinkAbout10.A.1. Request for rezoning of property at 1480 Third Ave W -Ord. No. 876-Res. No. 7383 �y General Business 10. A. 1.
SHAtcOriEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Kyle Sobota, Senior Planner
DATE: 11/19/2013
SUBJECT: Request for rezoning of property at 1480 Third Ave W from Highway Business (B-1)
to Light Industry (I-1) and Comprehensive Plan Amendment from Commercial to
Industrial, or in the alternative amendment of City Code Section 11.36 to add
Landscape Services and Contractors as a Conditional Use in the Highway Business
(B-1) Zone-Ord. No. 876-Res. No. 7383. (B)
Action Sought
Approve Resolution No. 7383 and Ordinance No. 876. Resolution No. 7383 denies the rezoning
and reguiding of the property at 1480 Third Avenue East and Ordinance No. 876 approves the
amendment to City Code Section 11.36 (Highway Business), subdivision 3, adding (AB.)
Landscape Services and Contractors.
Background
Roger Dvorak has made application to request either the reguiding of property from Commercial
to Industrial and rezoning from Highway Business (B-1) and Multiple Family Residential (R-3)
Zone to Light Industrial (I-1), and Multiple Family Residential, or a text amendment to allow
landscape services and contractors as a conditional use in the Highway Business zone. The
purpose of Mr. Dvorak filing two applications is that he has interest in locating his business on the
property and wishes to pursue either altenative, which would result in his business' specific use
being allowed on the site.
The property is located at 1480 Third Avenue West, near the intersection of CSAH 69 and Third
Avenue West. Please see Exhibit A for specific site location. The subject site is approximately
12.65 acres in size and was previously occupied by the property owner as part of his drywall and
flooring business. A vehicle sales and service operation that was approved in October of 2012 is
currently operating on the site.
The applicant submitted the attached narrative in connection with the applications. The property
owner has been marketing the property for several months and states he has been unsuccessful at
finding a buyer for the property for a commercial use because of businesses being turned away by
City staff. It should be noted that City staff has advised prospective buyers when their use has
not been permitted under the current zoning, but has also had conversations in the past with users
whose uses would be permitted, and have told those buyers of that fact.
The property is still being marketed and Mr. Dvorak has mentioned to city staff that he has a
signed purchase agreement for the property that is contingent on city approval of his use of the
property. Mr. Dvorak's business involves the sweeping of roadways and parking lots, as well as
lawn and property maintenance with the majority of the business being related to sweeping. Mr.
Dvorak notes that his equipment is repaired by his own mechanics and he employs office staff.
Mr. Dvorak has the desire to offer sales of mulch and landscape materials to customers as well,
which would be considered exterior storage of goods for sale, a listed conditional use in the
Highway Business zone. If the City Council were to approve either the text amendment or the
rezoning, Mr. Dvorak would need to acquire a Conditional Use Permit in order to operate his
business at this location.
Rezoning and Reguiding Discussion:
The property owner applied for a guide plan amendment to Industrial, as well as a rezoning of the
property to Light Industrial (I-1) zoning earlier this year. The City Council denied both requests
on May 21 sc because of concerns about potential Industrial uses on the site adjacent to residential
properties to the west and south. In the spring of 2013, both the Planning Commission and the
City Council have heard a request for rezoning of Highway Business properties further east on
County Road 69 for Rahr Malting. The City Council has expressed concern about the proximity
of adjacent residences and the compatibility of industrial uses near residential uses because of the
potential for truck traffic for warehousing and other industrial uses. Since there are not City
services serving this site, warehousing is a potential use on this site that could generate significant
truck traffic with low water usage, as well as uses with a significant amount of exterior storage.
This property is immediately adjacent to land zoned Highway Business (B-1) and Multiple Family
Residential (R-3). There are 23 townhome units in directly adjacent to the south of the property,
and other multi-family units on 10th Avenue directly adjacent to this property. Mr. Dvorak has
proposed dedicating a conservation easement over the bluff area as a commitment to retaining the
trees on the site that offer screening for the residents to the south, as well as constructing a berm
along County Road 69 to screen his business from the roadway.
If a rezoning request were to be approved, it is possible that any of the permitted uses in the Light
Industrial Zone would become an occupant of the site, or that requests for conditional use permits
for any of the listed conditional uses could be heard by the Board of Adjustment and Appeals. The
City Council must determine if the current zoning ordinance and comprehensive plan are in error.
For this specific project it would be whether the potential proximity of industrial uses to
residential uses is preferred over the current configuration.
The listed purpose of the Light Industrial Zone in the City Code is to provide an area for
industrial, light manufacturing, and office uses, which are generally not obtrusive and which
serve as a transition between more intensive industrial sites and residential and business land
uses. In the past City Staff has experienced resident complaints in areas where residential uses
are directly adjacent to Light Industrial zoned property, such as on the eastern border of Shakopee
and along Eagle Creek Boulevard. In these other areas the residential properties are at the same
elevation as the industrial uses, making them less visible than the residences in this case that are
elevated.
Most recently planning staff have been contacted about the location of icehouse and trailer
manufacturing and sales, a storage and service facility for a trucking company, school bus storage
and service, and storage of modular buildings/temporary for this site. None of these four
proposed uses meet the current zoning regulations, but would be considered Industrial uses and
qualify as conditional uses in the Light Industry (I-1) zone.
REZONING/REGUIDING FINDINGS
The criteria required for the granting of a Zoning Ordinance Amendment are listed below for the
City Council's consideration.
Criteria #1 That the original Zoning Ordinance is in error;
Finding #1 There has been no evidence that the original zoning classification is in error, or
that the Highway Business (B-1) zone prevents this site from being utilized.
Criteria #2 That significant changes in community goals and policies have taken place;
Finding#2 There have not been significant changes in community goals and policies as they
relate to the CSAH 69 corridor where there is desire to have properties in this area zoned and
guided for Industrial use. Indeed, in May of this year the Planning Commission and City Council
denied a similar regziiding and rezoning request
Criteria #3 That significant changes in City-wide or neighborhood development patterns
have occurred; or
Finding 93 There has been no evidence presented that either city-wide or neighborhood
development patterns have changed. The watermain in the area is not sized for industrial uses. A
potential future user would have to be studied to determine if the current public services are
capable of serving a user.
Criteria #4 That the comprehensive plan requires a different provision.
Finding #4 The City's 2030 Comprehensive Plan guides the area for commercial use, and this
property is currently zoned Highway Business (B-1), which is consistent with the Comprehensive
Plan. A different provision is not required.
Text Amendment Discussion:
The applicant has also proposed a text amendment to allow landscape services and contractors as
a Conditional Use in the Highway Business Zone. Currently, landscape services and contractors
are allowed with Conditional Use Permits in the Light Industry(I-1)Zone. The standard
conditions listed in the zoning ordinance for landscape services and contractors involve the
disposal of weeds and vegetation in a sanitary manner, the storage of equipment at least 100' from
a residential zone, and screening of all equipment from a residential zone. It is possible for all of
these standard conditions to be met on the site.
The Highway Business zone encompasses the majority of service and retail businesses in the City
of Shakopee and it is staff's position that if the Planning Commission were to recommend
approval of this text amendment that the text amendment for landscape and contractor services be
limited in scope geographically. Staff proposes limiting the area for Landscape and Contractor
services to an area where a mix of commercial and industrial uses exist within the Highway
Business zone, which is in the western portion of the city along CSAH 69. A map is attached
showing the property location and adjacent zoning. Staff proposes language that limits the scope
of the proposed text amendment to the area along CSAH 69 between the southernmost railroad
bridge and 10th Avenue West. The attached map shows the area included by the proposed text
amendment.
Staff believes that it would be possible for Mr. Dvorak, as well as future applicants to operate
businesses in the area in ways that would have minimal impact on the other properties, or the
residences to the south and west if the trees were to be left intact and specific areas are screened.
The proposed text amendment is to add landscape and contractor services as a conditional use, so
the Board would be able to attach conditions to ensure that the business does not interrupt other
uses in the area when a conditional use permit is reviewed, as well as offer a mechanism
for future review of a conditional use permit if were to be compliance issues. However, staff is
concerned about broad applicability of such change to B-1 throughout the City, and so has
proposed an amendment that would be limited in geographic applicability.
Review Comments:
Both the rezoning/re-guiding and text amendment requests have been reviewed by other city
departments and outside agencies. The comments received are as follows:
Scott County Environmental Health suggests that a compliance inspection take place if the
rezoning, text amendment, or another application is approved. Environmental Health also
comments that without sewer service being extended to this site they recommending the rezoning
request be denied until a specified use with defined wastewater needs is determined. Scott County
Environmental Health also commented that there is only one possible ISTS site on this property
due to the bedrock, and they suggest connection to City Sewer and Water in the future.
Shakopee Public Utilities has commented that water service is available to this property, but
Shakopee Public Utilities specifies that Industrial zoned property be served by a 12" watermain,
the watermain in this area is 8". Any proposed Industrial use would need to be evaluated to
determine if sufficient fire flows (volume and pressure) will be available from the present water
system in the area if the request were to be approved. Shakopee Public Utilities recommends not
approve a zoning change unless the property owner were to agree to upgrade the water system in
the area if necessary.
Shakopee Fire Department has commented that a change in the use to an industrial use may
require the installation of a fire sprinkler system since the existing building is nearly 10,000
square feet. The Fire Department has also commented that uses not permitted in the Highway
Business zone would likely trigger the need for a Fire Sprinkler system and that Industrial zoned
properties are served by 12" watermains.
At this time, a conditional use permit for vehicle sales exists on the site. If the City Council were
to approve a text amendment and a conditional use permit for a landscape and contractor service
operation is approved at this site, staff would recommend that the Board revoke the conditional
use permit for vehicle sales at the time of review of the applicant's Conditional Use Permit, since
the applicant's business would not comply with the conditions of the existing conditional use
permit in place for the property.
Planning Commission Action:
On Thursday, November 7, 2013 a public hearing was held at the Shakopee Planning
Commission regarding Roger Dvorak's request to either a) reguide and rezone property at 1480
Third Avenue West from commercial/Highway Business (B-1) to industrial/Light Industrial
(I-1), or in the alternative to b) amend the text of the Highway Business (B-1)Zone to allow
landscape operations and contractor yards. At the close of the public hearing, consistent with city
staffs recommendation, the Planning Commission recommended to the Shakopee City Council
that they 1) deny the reguiding/rezoning request, and 2) approve the proposed text amendment,
which would result in Mr. Dvorak's uses requiring conditional use (CUP) approval. Under both
State statute and Shakopee City Code, the request to amend the zoning ordinance amendment
does not require individual notice of property owners. The property owners within 350' of the
request received notice that noted the proposed rezoning and reguiding, as well as a proposed text
amendment.
At the public hearing Mr. Mike Saxton, 1901 Tenth Ave W, stated that the public hearing notice
was defective, and thus that the Planning Commission should close the public hearing and require
that the notice process start over. Specifically, Mr. Saxton stated that he, the company that
developed the adjacent townhouse project, and possibly other residents of the townhomes had not
received individual notices. During the public hearing, Mr. Saxton noted that he is not the fee
owner of the specific unit he resides in. He also noted that Cottage Homestead's interest in the
townhouses was essentially a right of first refusal to purchase. This interest would not have
appeared as an ownership interest in Scott County records, which are the basis for the information
provided to Mr. Dvorak for the public hearing notice list and labels.The day following the public
hearing, city staff conferred with City Attorney Jim Thomson regarding Mr. Saxton's statements
about the notices and public hearing.
Accompanying this report for the City Council's information are the following;
•Minn.Stat. 463.357, Subd. 3. Public hearings -Noting, among other things that, a)
individual mailed notice is required only for changes in district boundaries
affecting an area of five acres or less; in all other cases, including text
amendments, notice by publication at least ten days before the hearing is all that
is required, and b) that "...failure to give mailed notice to individual property
owners, or defects in the notice shall not invalidate the proceedings, provided a
bona fide attempt to comply with this subdivision has been made."
•Shakopee City Code Sec. 11.83. Zoning Ordinance Amendment, Subd. 4. Public
hearing. This section of the City Code provides substantially the same as
Minn.Stat. 463.357. Subd. 3 above.
•A copy of the public hearing mailing list provided by Scott County Abstract and
Title to the applicant, who in turn, submitted it with his application to the City;
•A copy of the notice that was sent to the addresses found on the public hearing
notice list that was submitted to the City with the application;
•A copy of the notice provided to the Shakopee Valley News, and verification of
the publication date of that notice;
•Planning Secretary Tami Vidmar's memorandum confirming the date that the
individual notices were mailed by the City of Shakopee.
From the above and the attached information, the City Council can see or conclude
that;
• Staff and the Planning Commission recommended denial of the requested
requiding and rezoning, but recommended approval of a text amendment to the
Highway Business (B-1)Zone.
•Under State Statute cited above, as well as Shakopee City Code, individual
mailed notice was not required for the requested text amendment.
•Even if the Planning Commission had recommended approval of the reguiding
and rezoning, under state statute, because a bona fide attempt was made to comply
with notice requirements,the public hearing would not have been invalidated.
Specifically, neither Mr. Saxton nor Cottage Homestead would have been listed
as owners on Scott County records. Further, the day following the public hearing
City staff sought confirmation of the addresses for Cottage Homesteads and
Diana Christensen. The address for Cottage Homesteads was confirmed to be the
same as that which had been submitted with the application, while the address for
Diana Christensen changed. As noted above, Mr. Saxton indicated that he does
not own the townhouse he resides in.
Proposed Text Amendment Language:
Section 11.36 (Highway Business Zone, B-1), Subdivision 3, Conditional Uses
(AB): Landscape Services and Contractors on properties adjacent to the CSAH 69
Right-of-Way in the area bounded on the north by the southernmost railroad bridge
over CSAH 69 and the south by the intersection of 10 cn Avenue West and CSAH 69.
Text Amendment Findings:
The criteria required for the granting of a Zoning Ordinance Amendment are listed
below for the Commission's consideration.
Criteria#1 That the original Zoning Ordinance is in error;
Finding #1 There has been no evidence that the original zoning classification is in
error, the proposed text amendment is for a use that is similar to some of the existing
uses on the western portion of the City. The proposed text amendment is limited in
scope geographically.
Criteria #2 That significant changes in community goals and policies have
taken place;
Finding#2 There have not been significant changes in community goals and
policies in the CSAH 69 corridor.
Criteria #3 That significant changes in City-wide or neighborhood
development patterns have occurred; or
Finding #3 There has been no evidence presented that either city-wide or
neighborhood development patterns have changed. The proposed text amendment is
for a use that is similar to existing uses within the area. Landscape and contractor
service businesses typically are not intense users ofwater and sewer. The majority of
the limited area of the text amendment is not served by City services.
Criteria #4 That the comprehensive plan requires a different provision.
Finding#4 The City's 2030 Comprehensive Plan guides the area for commercial
use, and this property is currently zoned Highway Business (B-1), which is consistent
with the Comprehensive Plan.
Recommendation
Staff recommends denial of the rezoning and reguiding request and approval of the proposed text
amendment.
Budget Impact
There is no direct budget impact as a result of this application. If approved, the applicant's use of
the property may change the assesed value of the property.
Relationship to Vision
The approval of a text amendment is a step in the process of potentially allowing similar uses to
Mr. Dvorak's in an area of the City with buildings that suit these uses. In the past staff has dealt
with landscape contractors that operate out of their house in violation of the zoning
ordinance. Smaller Landscape and Contractor types of businesses may have trouble finding a
small enough space near their service areas for their operation.
Requested Action
Make a motion to approve Resolution No. 7383; a resolution denying the rezoning and reguiding
request for the property at 1480 Third Avenue West; and Ordinance No. 876, an ordinance
approving the proposed text amendment to City Code Section 11.36 (Highway Business),
Subdivision 3 (Conditional Uses), and move their adoption.
Attachments: Area May
Applicant Narrative
Resolution No. 7383
Legal Description
Ordinance No. 876
Public Hearing Notice Related Documents
State Public Hearing Statute
City Code for Zoning Ordinance Amendments
Proposed
Text Amendment
Properties
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,1 P W =Impacted B-1 Properties
City Boundary _
Current Zoning
District
AG,Agricultural Preservation
B-1,Highway Business
1-1,Light Industrial
- 1-2,Heavy Industrial
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R-1C,Old Shakopee Residential
R-2,Medium Density Residential
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R-3,Multiple Family Residential
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Board of Adjustment and Appeals; please allow me to introduce myself. My name is Roger
Dvorak and I am the owner of Curb to Curb Incorporated.We have been operating for 10+years and
have housed our business within the city of Shakopee for first six years.Curb to Curb is a commercial
and residential sweeping company. Our primary goal is to provide outside property maintenance to all
our customers.
I have been recommended to provide an explanation as to why Curb to Curb Inc. would be a
candidate for the purchase of the commercial lot at 1480 3rd Avenue West Shakopee, MN 55379. My
goal through this letter is to provide clarification as to why we believe we could benefit for the use of
this property,as well as how we could give back by way of owning this property. I will explain how the
property will be divided and how it can be an exception to the existing Highway Business Zoning(B-1)
standards,and I will explain how we will be able to utilize the property for our companies benefit, as
well as the cities and future community development.
First off, I would like to describe to you how we will be utilizing the lot and dividing it for
multiple uses.Our goal with this property is to provide administrative,executive and professional offices
for our office staff whom take care of all of our daily operations. (SEC. 11.36. Highway Business Zone(8-
1)Subd. 2. Permitted Uses G).These offices will be utilized year round and have the opportunity to be
utilized by additional corporations. The second,space which we would like to utilize is the outside
space.This would be as a part of the Subd.3. Conditional Uses. E. open sales lots or any use having
exterior storage of good and sales.We at Curb to Curb Inc.would like to expand our company and
provide inventory that contains Mulch,Soil, Black Dirt and Rock to be sold. Lastly,the property would be
utilized to reflect the Conditional Uses L.vehicle sales,service or repair,including general repair,
rebuilding or reconditioning of engines or vehicles,including body work,frame work and major painting
services, replacement of any part or repair of any part incidental body fender work,painting or
upholstering. Curb to Curb Inc. uses on site mechanics for all daily operation tasks.We in house all our
mechanical work on site so we can efficiently service our equipment and promptly return it to the work
field.All our outdoor services are done off site for other commercial and residential clients.
We employee 16-24 employees,through the year,with less in the winter months. Generally the
shop hours would consist of a 9-5 operation. We are a 24/7 business, however the equipment is driven
or hauled off site prior to its use.
i
I
Lastly,the reason we believe this property can be beneficial to our company as well as the
community is because of our current goals and our future dreams.Currently,we would like to conserve
the architecture of the land from the East property line to the south property line beginning at the Excel
Easement.We would like to conserve this for the beauty that already exists.Secondly,for the future we
would like to build a berm area on the west property line to protect the view from Highway 69.
Thank you in advance for your time and I, Roger Dvorak would be honored to occupy this piece
of property at 1480 3'd Avenue West Shakopee, MN.This property is more than just land to us. It is a
place we will call home for our business for years to come and hope we can provide support and
services for the community. I hope you consider myself and our team for this investment.
RESOLUTION NO. 7383
A RESOLUTION OF THE CITY OF SHAKOPEE DENYING A REQUEST TO REGUIDE
THE PROPERTY AT 1480 THIRD AVENUE WEST FROM COMMERCIAL TO
INDUSTRIAL AND TO REZONE A PORTION OF THE PROPERTY FROM HIGHWAY
BUSINESS (B-1)TO LIGHT INDUSTRY(I-1).
WHEREAS,Roger Dvorak,applicant and Stephen and Vicky Heller property owners,have
requested the reguiding of property from Commercial to Industrial and to rezone a portion of
property from Highway Business (B-1)to the Light Industrial Zone (1-1)to allow industrial use of
the property at 1480 Third Avenue West; and
WHEREAS,the subject property is legally described as:
See Attached Legal Description
WHEREAS,notices were duly sent and posted,and a public hearing was held before the
Planning Commission on November 7t', 2013, at which time all persons present were given an
opportunity to be heard; and
WHEREAS,the City Council heard the matter at its meeting on November 19,2013; and
NOW,THEREFORE BE IT RESOLVED that the City Council of the City of Shakopee
hereby adopts the following findings of facts relative to the above-named request:
FINDINGS
The criteria required for the granting of a Zoning Ordinance Amendment are listed below for the City
Council's consideration.
Criteria#1 The original Zoning Ordinance is in error;
Finding#1 There has been no evidence that the original zoning classification is in error, or that the
Highway Business, B-1 zone prevents this site from being utilized. City sewer and
water service is available near the property, which is sized for commercial
development, not industrial development.
Criteria#2 That significant changes in community goals and policies have taken place;
1
Finding#2 There have not been significant changes in community goals and policies as they relate
to the CSAH 69 corridor where there is desire to have properties directly adjacent to
residential properties zoned and guided for Industrial use.
Criteria#3 That significant changes in City-wide or neighborhood development patterns have
occurred; or
Finding#3 There has been no evidence presented that either city-wide or neighborhood
development patterns have changed Approving a rezoning request to allow all Light
Industry (I-1)permitted or conditional uses would several properties within the CSAH
69 corridor.
Finding#4 The watermain in the area is not currently sized for industrial uses as noted by
Shakopee Public Utilities and the Fire Marshal. A potential future Industrial user
would have to be studied to determine if the current public services are capable of
serving a user and providing adequate fire protection.
Criteria#4 That the comprehensive plan requires a different provision.
Finding#S The City's 2030 Comprehensive Plan guides the area for commercial use, and this
property is currently zoned Highway Business (B-I) and Multiple Family Residential
(R-3), which is consistent with the Comprehensive Plan.
GOAL#1
Growth and expansion of that portion of Shakopee served by public services shall be controlled and
focused to maintain the City's fiscal soundness consistent with other community-wide goals.
This area is not presently served by public services and extension of services to this particular
parcel shall be controlled consistent with City policies. The water main in the area is not sizedfor
typical Industrial development.
GOAL#2
Any future annexation shall be undertaken in an orderly, fiscally sound manner. Property in
annexed areas shall be treated fairly relative to taxes and the provision of service.
The property is already within the city limits, and development of this land shall be treated fairly
relative to taxes and the provision of services.
BE IT FURTHER RESOLVED, that the request to rezone the property from Highway
Business (B-1)to Light Industry (I-1) and to amend the Comprehensive Plan by reguiding from
Commercial to Industrial to allow industrial use of the property is hereby denied.
Passed in regular session of the City Council of the City of Shakopee, Minnesota held this
day offovember, 2013.
Brad Tabke,
Mayor of the City of Shakopee
Attest:
Julie Linnihan, City Clerk
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Outlot A,Long View Estates 1"Addition, Scott County, Minnesota.
Together with that part of vacated Harrison Street described as follows:
That part of Legislative Route No. 300 and Harrison Street as shown on
Long View Estates I'Addition according to the recorded plat thereof,
Scott County,Minnesota,which lies Northwesterly of the following
described line:
Commencing at the most Southerly comer of Lot 1, Block 7, in said plat,
thence North 51 degrees 21 minutes 06 seconds East,assumed bearing along
the Southeasterly line of said Lot 1, a distance of 491.03 feet to the point of
beginning of said line to be hereinafter described;thence continuing North 51
degrees 21 minutes 06 seconds East, a distance of 25.82 feet;thence Northeasterly
a distance of 582.37 feet along a tangential curve, concave to the Northwest
having a radius of 1100.00 feet and a central angle of 30 degrees 20 minutes
02 seconds to its intersection with a line drawn parallel to and distant 20.00 feet
Southeasterly of the Southeasterly line of Outlot A,in said plat of Long View
Estates 1"Addition;thence North 21 degrees 10 minutes 10 seconds East,not
tangent to the last described curve and along said parallel line a distance of
261.14 feet to the East line of the West Half of the Northeast Quarter of Section
11,Township 115,Range 23, Scott County, Minnesota,and said line there
terminating_
And which lies Northerly of the Southeasterly extension of the Northeasterly
line of Lot 1,Block 7 of said plat of Long View Estates I"Addition.
ORDINANCE NO. 876
AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT TO
CITY CODE SECTION 11.36 (HIGHWAY BUSINESS), SUBDIVISON 3 (CONDITIONAL
USES)
WHEREAS, Roger Dvorak, applicant,has requested an amendment to City Code Section
11.36, Highway Business (B-1)Zone, Subdivision 3 (Conditional Uses) ; and
WHEREAS, notices were duly sent and posted, and a public hearing was held before the
Planning Commission on November 7, 2013 at which time all persons present were given an
opportunity to be heard; and
WHEREAS, the Planning Commission recommended that City Code Section 11.36,
Subdivision 3 be amended to include Landscape Service and Contractors as a Conditional Use; and
WHEREAS,the City Council heard the matter at its meeting on November 19, 2013; and
THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,ORDAINS:
Section 1 —That City Code Chapter 11 (Zoning) is amended to add the language as follows:
Language which is underlined shall be added. Language which is s4fuel4iffeugh shall be deleted.
Section 11.36, (Highway Business(B-1) Zone), Subd. 3 (Conditional Uses)
AB. Landscape Services and Contractors on properties adjacent to the CSAH 69 Right-of-Way in
the area bounded on the north by the southernmost railroad bridge over CSAH 69 and the south by
the intersection of 10th Avenue West and CSAH 69. (re-letter all entries accordingly)
Section 2. The City Council adopts the following findings of fact relating to the request to modify
the language in the City's zoning ordinance regarding Landscape Services and Contractors in the
Highway Business Zone.
Criteria#1 That the original zoning ordinance is in error;
Finding#1 There has been no evidence that the original zoning classification is in error, the
proposed text amendment is for a use that is similar to some of the existing uses on
the northwestern portion of the City. The proposed text amendment is limited in
scope geographically.
Criteria#2 That significant changes in community goals and policies have taken place;
Finding#2 There have not been significant changes in community goals and policies in the
CSAH 69 corridor, there are similar uses to the applicant's use in this area of
the city, as well as in Jackson Township.
1
Criteria#3 That significant changes in City-wide or neighborhood development patterns have
occurred;
Finding#3 There has been no evidence presented that either city-wide or neighborhood
development patterns have changed. The proposed text amendment is for a use that
is similar to existing uses within the area. Landscape and contractor service
businesses typically are not intense users of water and sewer. The majority of the
limited area of the text amendment is not served by City services.
Criteria#4 That the Comprehensive Plan requires a different provision;
Finding#4 The Comprehensive Plan does not require a different provision.
Section 3. Effective Date. This ordinance shall be in effect from and after the date of its passage
and publication.
Adopted in session of the City Council of the City of Shakopee, Minnesota held this
day of ,2013.
Brad Tabke,Mayor
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of , 2013.
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Memo To: Kyle Sobota,Senior Planner
Michael Leek, Community Development Director
From: Tami Vidmar,Community Development Admin Assistant
Re: Caselog 13044 Public Hearing Notice
Date: November 13, 2013
Attached you will find a copy of the public hearing notice and map showing parcel that I created. This
notice was sent to the Shakopee Valley Newspaper on October 17, 2013 for publication,see attached
copy of publication. The same notice was also mailed on October 17,2013 to property owners shown in
the attached certified abstract list using the mailing labels provided by the applicant using Scott County
Abstract and Title.
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is also hereby given that the Shakopee Planning Commission will meet in the
Council Chambers at City Hall, located at 129 Holmes Street South, Shakopee, on Thursday,
November 7, 2013, at 7:00 P.M., or thereafter to consider an application by R&N Dvorak, Inc.
for a Comprehensive Plan Amendment to either reguide Commercial property to Industrial, and
Rezoning a portion of the property from Highway Business (B-1) to Light Industrial (I-1),
amending the text of the Highway Business (Bl) Zone. The subject property is located at 1480
3`d Avenue.West, curpently.zoned Highway Business (B-1) and Multiple Family Residential (R-
3).
Comments from interested citizens concerning this matter will betaken at this public
hearing. Any questions concerning this application may be addressed by calling the Planner
listed below at the Community Development Department(952)233=9349 prior to the November
7,2013 meeting.
Dated this 17th day of October,2013.
Kyle Sobota
Planner U
G3ph\2013\I l-OTDvonk-Comp Plan Amend-13044
Scott County, MN
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Property Information
Parcel to:271120250 Bathmoms:1
Taxpayer Name:HELLER VICKY J Year Built 1997
Taxpayer Addressi:956 STONEBROOKE DR Deeded Acreage:12.65
Taxpayer Address2:SHAKOPEE.MN 55379 GIS Acreage:12.86674
Property Address1:14803 AVEW Zoning Classification:
Property Address2:SHAKOPEE MN 55379 Legal Description:SubdtvisionName LONG
VIEW ESTATES 1ST ADDN Lot O-L Block
ODA SubdivisionCd 27112&P1O VAC ADJ
HARRISON ST LYING 20'SE OF LOT
School District:0 Plat Name:PLAT-27112 LONG VIEW
Estimated Land Value:$650,000 Block:OOA
Estimated Buildings Value:$50,000 Lot:D-L
Total Estimated Market Value:$700,000 Unique Well&Boring No.:00608296
Home Style:N/A Well Depth Drilled:160
Bedrooms:0 Well Date Drilled:41611999
THsormIngis neilhera legally roorded mapnora surreyenci is not Map Scale nl
union,ell to be used az one.This arous a Is a mmpibecn orremioes
mfot dedl to be.data .na. m various city,counry,and Gale o odds. and 1 inch =292 feet
other sources aderErg B»area ahwm,and is to be wed for reference W E
purposes only.Scats County is not responsible for any inaccurades herein Map Date ,f
.rudned.If discrepancies,era founq please conhad the Sme county
surveyors Office. 10/1/2013 S
SCOTT COUNTY ABSTRACT AND TITLE,INC.
223 Holmes Street,P.O.Box 300
Shakopee,MN 55379
Phone: (952)445-6246 Fax: (952)445-0229
DATE: September 27,2013 PAID
INVOICE NO: 67247 SEP 2 7 20i i
TO: Curb to Curb,Inc.
12400 Beard Ave.South
Burnsville, MN 55337
Attn: Roger
RE: 350' Radius Report(Heller Property
LEGAL: Outlot A,Long View l't Addition&part of vacated Harrison Str.
350'Radius Report................................................. $300.00
TOTAL: $300.00
Payment due at pick up
NEWABSTRACTS REGISTERED PROPERIYABSTRACTS
CONTINUATIONS TIRE INSURANCE
CLOSING SERVICES RECORDING SERVICE
t
Scott CountyAbs tract&Title Co.,lnc;
223 Holmes Street
P.O. Box 300
Shakopee,AIN 55379
(952) 445-6246
F(952) 445-0029
September 27, 2013
Curb to Curb
12400 Beard Ave. South
Burnsville; MN 55337
Attn: Roger
To Whom It May Concern:
According to the 2012 tax records in the Scott County Treasurer's Office the following persons
listed on Exhibit"A" are the owners of the property which lies within 350 feet of the following
described property:
Outlot A, Long View Estates Ist Addition, Scott County, Minnesota.
Together with that part of vacated Harrison Street described as follows:
That part of Legislative Route No. 300 and Harrison Street as shown on
Long View Estates 15`Addition according to the recorded plat thereof,
Scott County,Minnesota,which lies Northwesterly of the following
described line:
Commencing at the most Southerly comer of Lot 1,Block 7,in said plat,
thence North 51 degrees 21 minutes 06 seconds East, assumed bearing along
the Southeasterly line of said Lot 1, a distance of 491.03 feet to the point of
beginning of said line to be hereinafter described;thence continuing North 51
degrees 21 minutes 06 seconds East, a distance of 25.82 feet;thence Northeasterly
a distance of 582.37 feet along a tangential curve, concave to the Northwest
having a radius of 1100.00 feet and a central angle of 30 degrees 20 minutes
02 seconds to its intersection with a line drawn parallel to and distant 20.00 feet
Southeasterly of the Southeasterly line of Outlot A,in said plat of Long View
Estates 1 sr Addition;thence North 21 degrees 10 minutes 10 seconds East,not
tangent to the last described curve and along said parallel line a distance of
261.14 feet to the East line of the West Half of the Northeast Quarter of Section
11,Township 115, Range 23, Scott County,Minnesota,and said line there
terminating.
And which lies Northerly of the Southeasterly extension of the Northeasterly
line of Lot 1, Block 7 of said plat of Long View Estates 1st Addition.
Sincerely,
Zv'L
J
±"SCOTT COUNTY ABSTRACT AND TIT`LF CO., INC.
� 1
SCOTTCDUNiYABSiRACT
AND TITLE,INC.
Lkensed Abshaclor
Shale of Mimesota
MEMBER MINNESOTA LAND TITLE ASSOCIATION
AGENT FOR CHICAGO TITLE INSURANCE COMPANY
EXu ,T" i " PAOET_OF t PAGES'
HELEN C LINK ETAL & SHAKOPEE PUBLIC STORAGE
CLETUS J LINK FAMILY TRUST 1495 3 AVE W
1216 JEFFERSON ST SHAKOPEE, MN 55379
SHAKOPEE, MN 55379
SHAKOPEE,CITY OF SHAKOPEE & CHRISTOPHER & HEATHER STREHLOW
.CITY FINANCE DIRECTOR 1429 6 AVE W
129 HOLMES ST S SHAKOPEE, MN 55379
SHAKOPEE, MN 55379
MATT VAN THOURNOUT ALLEN J & CAROL A FRECHETTE
1503 6 AVE W 1511 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
TIMOTHY R DRESSEN ELIZABETH WHITTINGTON
1058 MARSCHALL RD S 1601 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
DORIS S RUSHMEYER MODE SADAT
1603 6 AVE W 13175 MURDOCK TER
SHAKOPEE, MN 55379 EDEN PRAIRIE, MN 55347
WHEELER LUMBER LLC STATE OF MINN DEPT OF TRANS
3620 SW 61 ST # 330 395 JOHN IRELAND BLVD. MAIL STOP 631
DES MOINES, IA 50321 ST PAUL MN 55155
AUGUSTANA EMERALD CARE LLC LONG VIEW ESTATES TOWNHOUSE
1425 10 AVE S 1707 6 AVE W
MINNEAPOLIS, MN 55404 SHAKOPEE, MN 55379
LEON C & ELIZABETH A MARKGRAF DARYL D & JEAN M SCHEERHOORN
18196AVE W 18136 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
ELIZABETH CHRISTENSEN TRUST DIANNA LAVALLE
1807 6 AVE W 1801 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
ROBERT KEWATT GERALD L & IONE ANDERSON
1767 6 AVE W 1761 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
EXHIBIT- PAGE a OF
_,—PAGEb
TERRY A & CONNIE K LONTO JAMES L & CAROL A PAVLO
1755 6 AVE W 1749 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
WAHNETA MEYERAAN STANLEY 0 & GRETCHEN L JENSEN
1743 6 AVE W 1737 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
PATRICK J SILUK RICHARD A & LYNN M GEISER
1731 6 AVE W 1725 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
MICHAEL H & JANICE OLSON ERIC B &TINA HJELM
17196 AVE W 17136 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
KATHLEEN E COOLEY SYLVIA M RYAN
1707 6 AVE W 1701 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
WALTER & GERALDINE PETRICKA BARBARA L MADIGAN REVOCABLE
1697 6 AVE W TRUST
SHAKOPEE, MN 55379 1691 6 AVE W
SHAKOPEE, MN 55379
MARY J ROCKWELL CARLOS A MALDONADO
1685 6 AVE W 1679 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
CLARENCE H & IRENE R BURSEY & WALLACE & LORRAINE M RADUENZ
BURSEY TRUST 1667 6 AVE W
1673 6 AVE W SHAKOPEE, MN 55379
SHAKOPEE, MN 55379
DARLENE J DAVIES JEFFREY J JERVE & REBECCA J
1661 6 AVE W PETERSON-JERVE
SHAKOPEE, MN 55379 1640 6 AVE W
SHAKOPEE, MN 55379-1881
ROBERT S MESSER JR JAY L & KENDRA K PERRY
PO BOX 514 1660 6 AVE W
PRIOR LAKE, MN 55372 SHAKOPEE, MN 55379
EXHIRV /t" PAOE J OF-:?- PAGES
LARRY E MECHTEL SCOTT"T & DEBRA A DUFFNEY
1672 6 AVE W 674 JACKSON ST S
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
KIMBERLY JACH CHARLES R & VICKY R WILLCOX
10629 SONOMA ROG 16128 BAYWOOD LN
EDEN PRAIRIE, MN 55347 EDEN PRAIRIE, MN 55346
ALBERT C & GEORGIA B BAER DOUGLAS S OLSON
1026 TYLER ST S 1708 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
THOMAS H KLANCKE ELLIOTT F LAUGHLIN
1719 10 AVE W 1720 6 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
MOLLY J RONNING DEBBIE L KAHLOW
602 JACSON ST S 604 JACKSON ST S
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
JASON L RIKUSEK COLLETTE M KERN
606 JACKSON ST S 608 JACKSON ST S
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
STACEY FRENCH MICHELLE MARSHALL
610 JACKSON ST S 7354 LANDER AVE NE
SHAKOPEE, MN 55379 ALBERTVILLE, MN 55301
WEST VIEW 7TH ADDN TOWNHOMES & SALLY A MCNAMARA
BETH KENYON 2009 10 AVE W # 9
1743 BOULDER PT SHAKOPEE, MN 55379
SHAKOPEE, MN 55379-3601
DEBRA C OUVERSON MARK J ILLETSCHKO
201110 AVE W 2101 10 AVE W # 11
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
THELMA D SCHOEN COTTAGE HOMESTEADS OF SHAKOPEE
2007 10 AVE W # 12 7301 OHMS LN # 560
SHAKOPEE, MN 55379 MINNEAPOLIS, MN 55439
E7C'.ID(T` �_„ PRb)E `T OF�PRGE6 .
GARY ALAN LARSON JAMES & MARGARET TARNOWSKI
3435 CRYSTAL CIR NW 1915 10 AVE W # 6
PRIOR LAKE, MN 55372 SHAKOPEE, MN 55379
JEAN M TAYLOR JANICE K GODFREY
1913 10 AVE W UNIT 7 1911 10 AVE W
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
DIANA K HUEBNER CHRISTIANSON RONALD G & PATRICIA D LIDDIARD
7902 SAILBOAT KEY BLVD S # 604 1907 10 AVE W # 2
S PASADENA, FL 33707-6396 SHAKOPEE, MN 55379
SLB FAMILY TRUST RICHARD J & DEBRA J SOLEM
1905 10 AVE W 1903 10 AVE W UNIT 4
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
SCOTT COUNTY CDA LOUIS A & KATHLEEN A FLICEK
323 NAUMKEAG ST S 617 JACKSON ST S
SHAKOPEE, MN 55379 SHAKOPEE, MN 55379
CARRIE PINT MARK T NOTERMANN ETAL
520 CEDAR ST N 612 MONROE ST S
BELLE PLAINE, MN 56011 SHAKOPEE, MN 55379
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Scott )
NOTICE OF PIIBLIC HEARING Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
TO WHOM IT MAY CONCERN: agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
Notice is also hereby given that dent,Prior LakcAmerican and Savage Pacer,and has full knowledge ofthe facts herein stated as
the Shakopee Planning Commission follows:
will meet in the Council Chambers
at City Hall,located at 129 Holmes (A)These newspapers have complied with the requirements constituting qualification as a legal
Street South, Shakopee, onf newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
Thursday November 7,2013;at7:00 amended.
P.M;or thereafter.to consider an
application mprhensRePlan Dvorak, dment, The printed public notice that is attached to this Affidavit and identified as No. -x'30 1
aCeither aguid Commercial was P P
to either-reguide Commercial!, was published on the date or dates and in the newspaper stated in the attached Notice and said
propertytoIndustrial,andRezoning'.. Notice is hereby incorporated as part of this Affidavit Said notice was cut from the columns of
a portion of the property from. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
Highway Business (B-1)to Light inclusive,and is hereby acknowledged as being the kind and sin of type used in the composition
Industrial(I-1);amending the text and publication of the Notice:
of the Highway Business(Bl)Zone.
The subject property is located at abcdefghllklmnopgrstuvwxyz
14BO 3rd Avenue West currently,
zoned Highway Business(B-1)and, - /I
Multiple Family from ante(R-3).te By: /f 1 1 l r q /l . 44MA114J
Comments from interestedl (Hy _k LL
citizens concerning this matter,,
will be taken at this public bearing. Laurie A.Hartmann
Any questions concerning this
application may be addressed by j
calling the Planner listed below i Subscribed and sworn before me on
at the Community Development
Department(952)233-9349 prior to
the November 7,2013 meeting.
Dated this 17th day of October'
2013 this a q'-bh day of 2013
Kyle Sobota,
Planner H i
News son,Thursday, October 24,B24 JYMMEJEANNETE BARK
2012:No.5304) NO?NM PI UC-lI:NNESOTA
ublic , �C�I3i951�t EXE�gES 01/J1r8
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 matt er................................$31.20 per column inch
Rate actually charged for the above matter.............................................. $12.59 per column inch
MN Statute 463.357
Subd. 3.Public hearings.
No zoning ordinance or amendment thereto shall be adopted until a public hearing has
been held thereon by the planning agency or by the governing body. A notice of the time,
place and purpose of the hearing shall be published in the official newspaper of the
municipality at least ten days prior to the day of the hearing. When an amendment involves
changes in district boundaries affecting an area of five acres or less, a similar notice shall be
mailed at least ten days before the day of the hearing to each owner of affected property and
property situated wholly or partly within 350 feet of the property to which the amendment
relates. For the purpose of giving mailed notice, the person responsible for mailing the notice
may use any appropriate records to determine the names and addresses of owners. A copy of
the notice and a list of the owners and addresses to which the notice was sent shall be attested
to by the responsible person and shall be made a part of the records of the proceedings. The
failure to give mailed notice to individual property owners, or defects in the notice shall not
invalidate the proceedings,provided a bona fide attempt to comply with this subdivision has
been made.
§11.82
Subd. 6. Comprehensive Plan. The Planning Commission may recommend to the City Council
the adoption and amendment from time to time of a comprehensive plan. The comprehensive plan
may be prepared and adopted in sections, each of which relates to a major subject of the plan or to
a major geographical section of the City. The City Council may propose the comprehensive plan
and amendments to it by resolution submitted to the Planning Commission. Before adopting the
comprehensive plan or any section or amendment of the plan, the Planning Commission shall hold
at least one(1) public hearing thereon. A notice of the time, place and purpose of the hearing shall
be published once in the official newspaper of the City at least ten (10) days before the day of the
hearing. A proposed comprehensive plan or an amendment to it may not be acted upon by the City
Council until it has received the recommendation of the Planning Commission or until sixty (60)
days have elapsed from the date an amendment proposed by the City Council has been submitted
to the Planning Commission for its recommendation. The City Council may by resolution by a two-
thirds (2/3) vote of all its members adopt and amend the comprehensive plan or portion thereof.
(Ord.251,August 26, 1988; Ord. 337, July 23, 1992; Ord.377, July 7, 1994)
SEC.11.83. ZONING ORDINANCE AMENDMENTS.
Subd. 1. Initiation. An amendment to the zoning ordinance may be initiated by the City Council,
by the Planning Commission, or by application from an affected property owner. Amendments may
be in the form of changes to the text of the zoning ordinance or changes to the zoning map. All
amendments shall promote the public health, safety, and welfare and be consistent with the
comprehensive plan.
Subd. 2. Criteria for Granting a Zoning Ordinance Amendment. The City Council may grant a
zoning ordinance amendment when it finds that one(1)or more of the following criteria exists:
A. that the original zoning ordinance is in error,
B. that significant changes in community goals and policies have taken place;
C. that significant changes in City-wide or neighborhood development patterns have
occurred; or
D. that the comprehensive plan requires a different provision.
An amendment involving a planned unit development or a floodplain overlay zone also must meet
the criteria set forth below for that zone.
Subd.3. Application for Change to Zoning Map. An application for a change to the zoning map
may be made by the owner of the property, and shall be submitted to the Zoning Administrator on
forms provided by the City. The application shall be accompanied by the following:
A. a map or plat of the property and the land within 350 feet thereof;
B. a list of the names and addresses of the owners of all properties located wholly or
partially within 350 feet of the property as such appear on the records of the Scott
County Recorder;
C. evidence of ownership or an Interest in the property;
page revise!h 2010
1416
§11.83
D. the fee. When the request is for the addition or deletion of an overlay zone, the
Zoning Administrator may request that the applicant deposit an additional amount
up to $1,000,00 for planning, engineering, administrative, and legal expenses
incurred by the City for the review and processing of the application, if the Zoning
Administrator anticipates that the application will cause the City to incur such
expenses. Any portion of the supplemental deposit which is not used to reimburse
the City will be refunded to the applicant;
E. if the request is inconsistent with the comprehensive plan, the application must be
accompanied by an application for an amendment to the comprehensive plan;
F. if the request is to add or delete a planned unit development, or to add land to or
delete land from the floodplain overlay zone, the additional application information
set forth below must be submitted; and
G. such other information as may be required by the City.
Subd.4. Public Hearing.
A. Hearing Required. No zoning amendment shall be adopted until a public hearing
has been held by the Planning Commission. A notice of the time, place and
purpose of the hearing shall be published in the official newspaper of least ten(10)
days prior to the date of the hearing. Where an amendment involves changes in
the boundaries of any zone or the addition or deletion of an overlay zone, a similar
notice shall be mailed at least ten (10)days before the day of the hearing to each
owner of property situated wholly or partly within 350 feet of the property to which
the amendment relates. When considering the addition of a mining overlay zone,
written notice of the public hearing shall be sent to property owners of record within
one-half(1/2) mile of the property In question. (Amended, Ord. 638, September
19, 2002)
B. Recommendation to City Council. The Planning Commission shall submit its
recommendation regarding the rezoning application to the City Council within sixty
(60) days following the public hearing, unless an extension is agreed to in writing
by the applicant. If no recommendation is transmitted by the Planning Commission
within sixty (60) days, the City Council may take action without a Planning
Commission recommendation.
C. Shoreland and Floodplain Overlay Zones. The Commissioner of the
Department of Natural Resources shall be given written notice all hearings to
consider an amendment to the text or map of the shoreland or floodplain overlay
zone at least ten days before the day of the hearing. The notice shall include a
draft of the ordinance amendment.
page rerised in 2009
1417
§11.83
Subd.5. City Council Action.
A. Generally. After receipt of the recommendation of the Planning Commission, or
after sixty(60) days from the receipt of application without a Planning Commission
recommendation, the City Council shall consider and act on the amendment. The
City Council shall mail a copy of its decision to any applicant other than the City
Council or the Planning Commission. If the City Council fails to make a decision
within 120 days, the amendment shall be deemed to have been denied. The City
Council may adopt an amendment to this ordinance only upon an affirmative vote
of at least two-thirds(213) of its full membership.
B. Shoreland Overlay Zone. A copy of any approved zoning amendment affecting
land within the shoreland overlay zone shall be sent to the Commissioner of the
Minnesota Department of Natural Resources within ten (10) days after final action
or approval.
Subd.6. Reapplication. No amendment which is denied wholly or in part by the City Council shall
be resubmitted for a period of six (6) months from the date of denial, except on grounds of new
evidence or change of conditions.
Subd. 7. Amendment to the Comprehensive Plan. Any amendment to the zoning map granted
by the City Council shall automatically amend the Comprehensive Plan.
Subd.8. (Deleted,Ord.480,April 24, 1997)
Subd. 9. Special Provisions for Floodplain Overlay Zones. In addition to the criteria required
for any change to the zoning map, all of the following criteria must be found to exist for before the
floodplain overlay zone can be removed from any land:
A. any one(1)of the following conditions is satisfied:
1. the original map was in error,
2. the area has been filled to or above the elevation of the regional flood and
is contiguous to lands outside the floodplain; or
3. the Commissioner of the Department of Natural Resources has granted a
special exception to this rule because the Commissioner determined that,
through other measures, lands are adequately protected for the intended
use;
B. the amendment has been submitted to and approved by the Commissioner of the
Department of Natural Resources;and
C. the amendment meets the Federal Emergency Management Agency technical
conditions and criteria, and has received the approval of the Federal Emergency
Management Agency. (Ord. 31, October 25, 1979; Ord. 246, June 17, 1988; Ord.
377,July 7, 1994)
SEC. 11.84. BOARD OF ADJUSTMENT AND APPEALS.
Subd. 1. Powers and Duties. The Board of Adjustment and Appeals shall have the following
powers and duties:
page revised In 2070
1418