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HomeMy WebLinkAbout5.A.1. Text Amendment to City Code 11.83 regarding Zoning Ordinance Amendments 1111"ftill Consent Business 5. A. 1. SHAKOPEE TO: Mayor and City Council FROM: Alex Sharpe, Planner DATE: 06/16/2015 SUBJECT: Text Amendment to City Code 11.83 Regarding Zoning Ordinance Amendments (F) Action Sought The Council is asked to adopt Ordinance No. 907, an ordinance amending Chapter 11.83 of the City Code regarding the City Council majority requirements on zoning amendments. Background While processing a recent rezoning request related to the Rahr Malting redevelopment project, City staff discovered a discrepancy between City Code and state law on the issue of how many votes are needed to approve the rezoning of a property. Currently the City Code requires at least a two-thirds majority vote of the City Council to approve any rezoning. However, state law only requires a two-thirds majority for rezoning parcels from residential to commercial or residential to industrial and a simple majority vote for all other rezoning actions. The Attorney General has advised that cities may not be more restrictive than state law on this topic. Therefore Shakopee's current City Code needs to be amended. The Planning Commission held a public hearing on this text amendment at their June 4 meeting. No concerns were expressed by members of the public. Recommendation The Planning Commission recommends approval of Ordinance No. 907. Budget Impact This item has no budget impact. Relationship to Vision This is a housekeeping item. (F) Requested Action The Council is asked to adopt Ordinance No. 907, an ordinance amending Chapter 11.83 of the City Code regarding the City Council majority requirements on zoning amendments. Attachments: Ordinance No. 907 ORDINANCE NO. 907 AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING AN AMENDMENT TO CITY CODE SECTION 11.83 SUBD. 5 A WHEREAS, The City of Shakopee has proposed an amendment to section 11.83,Zoning Ordinance Amendments, subdivision 5 of the Zoning Ordinance regarding City Council Action; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on June 4, 2015, at which time all persons present were given an opportunity to be heard; and WHEREAS,the Planning Commission recommended that City Code Section 11.83, subdivision 5A, be amended to adhere to state statute; and WHEREAS,the City Council heard the matter at its meeting on DATE; and THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 —That City Code Chapter 11 (Zoning) is amended as follows: Language which is underlined shall be added. Language which is struckthrough shall be deleted. 11.83 Zoning Ordinance Amendments Subdivision 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 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 (2/3)of its full membership of the number of City Council members that is required by Minnesota Statutes Section 462.357, subdivision 2 (b) or as amended. B. 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. Criteria#1 That the original zoning ordinance is in error; Finding#1 There has been no evidence that the original zoning ordinance is in error. State Statutes change, the change requested will allow for state statutes to change without creating conflicts in code. 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. 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 does not alter the character of development. Criteria#4 That the Comprehensive Plan requires a different provision; Finding#4 The Comprehensive Plan does not require a dfferent 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 , 2015. Brad Tabke, Mayor ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 2015.