HomeMy WebLinkAboutCity Council Ordinance 2001-27CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 2001-27
AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY
CODE, THE PLYMOUTH ZONING ORDINANCE (2001063)
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Amendments. The text of Chapter 21 of the City Code, the Plymouth Zoning
Ordinance, is hereby amended as follows:
A. SECTION 21010.01 (ADMINISTRATION — AMENDMENTS (TEXT AND MAPS)) IS
HEREBY AMENDED AS FOLLOWS:
21010.01. PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for an
amendment shall be approved or denied within sixty (60) days from the date of its official and
complete submission unless extended pursuant to Statute or a time waiver is granted by the
applicant. If applicable, processing of the application through required state or federal agencies
shall extend the review and decision-making period an additional sixty (60) days unless this
limitation is waived by the applicant. Additional City requirements are as follows:
Subd. 1. Request for rezoning (text or map) shall be filed with the Zoning Administrator
on an official application form. Such application shall be accompanied by a fee as set forth in the
City Code. Such application shall also be accompanied by detailed written and graphic materials,
the number and size as prescribed by the Zoning Administrator, fully explaining the proposed
change, development, or use and two copies of a list of property owners located within seven
hundred and fifty (750) feet of the subject property in a format prescribed by the Zoning
Administrator. The application shall be considered as being officially submitted and complete
when the applicant has complied with all the specified information requirements.
Subd. 2. Within 10 business days of receipt of a complete application, as determined by
staff review, for a rezoning (map amendment or text amendment affecting a PUD), the Zoning
Administrator shall cause a notice to be mailed to all owners of land within seven hundred and
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fifty (750) feet of the boundary of the property in question, informing them of the receipt of the
application and the anticipated schedule for consideration of the amendment. This provision shall
not apply in the case of a rezoning initiated by the city if the amendment affects an area greater
than forty (40) acres. (Amended by Ord. No 99-5, 01/19/99)
Subd. 3. Upon receipt of a complete application, as determined by staff review, and
following preliminary staff analysis of the application and request, the Zoning Administrator,
when appropriate, shall set a public hearing following proper hearing notification. The Planning
Commission shall conduct the hearing, and report its findings and make recommendations to the
City Council. Notice of said hearing shall consist of a legal property description, description of
request and map detailing property location, and be published in the official newspaper at least
ten (10) days prior to the hearing and written notification of said hearing shall be mailed at least
ten (10) days prior to all owners of land within seven hundred and fifty (750) feet of the
boundary of the property in question.
Subd. 4. Failure of a property owner to receive said notice(s) shall not invalidate any
such proceedings as set forth within this Chapter.
Subd. 5. The Zoning Administrator shall instruct the appropriate staff persons to prepare
technical reports where appropriate, and provide general assistance in preparing a
recommendation of the action to the City Council.
Subd. 6. The Planning Commission shall consider possible adverse effects of the
proposed amendment. Its judgment shall be based upon (but not limited to) the following factors:
(a) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the City Comprehensive Plan,
including public facilities and capital improvement plans.
(b) The proposed action meets the purpose and intent of this Ordinance or in the case of a
map amendment, it meets the purpose and intent of the individual district.
(c) There is adequate infrastructure available to serve the proposed action.
(d) There is an adequate buffer or transition provided between potentially incompatible
districts.
Subd. 7. The Planning Commission and City staff shall have the authority to request
additional information from the applicant concerning operational factors or to retain expert
testimony with the consent and at the expense of the applicant concerning operational factors,
said information to be declared necessary to establish performance conditions in relation to all
pertinent sections of this Chapter.
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Subd. 8. The applicant or a representative thereof may appear before the Planning
Commission in order to present information and answer questions concerning the proposed
request.
Subd. 9. The Planning Commission shall make a recommendation on the request. Such
recommendations shall be accompanied by the report and recommendation of the City staff.
Subd. 10. The City Council shall not act upon an amendment until they have received a
report and recommendation from the Planning Commission and the City staff or until sixty (60)
days after the first regular Planning Commission meeting at which the request was considered.
Subd. 11. Upon receiving the report and recommendation of the Planning Commission
and the City staff, the City Manager shall schedule the application for consideration by the City
Council. Such reports and recommendations shall be entered in and made part of the permanent
written record of the City Council meeting.
Subd. 12. Upon receiving the report and recommendation of the Planning Commission
and the City staff, the City Council shall have the option to set and hold a public hearing if
deemed necessary.
Subd. 13. If, upon receiving said reports and recommendations of the Planning
Commission and City staff, the City Council finds that specific inconsistencies exist in the
review process and thus the final recommendations of the City Council will differ from that of
the Planning Commission, the City Council may before taking final action, refer the matter back
to the Planning Commission for further consideration. The City Council shall provide the
Planning Commission with a written statement detailing the specific reasons for referral. This
procedure shall be followed only one time on a singular action.
Subd. 14. For any application which changes all or part of the existing classification of a
zoning district from residential to either commercial or industrial, A_approval @9 a proposed
hall require passage by a two-thirds (2/3) vote of the entire -full City Council.
Approval of any other proposed amendment shall require passage by a majority vote of the full
Council.
Subd. 15. The amendment shall not become effective until such time as the City Council
approves an ordinance reflecting said amendment.
Subd. 16. Whenever an application for an amendment has been considered and denied by
the City Council, a similar application for an amendment affecting substantially the same
property shall not be considered again by the Planning Commission or City Council for at least
six (6) months from the date of its denial; and a subsequent application affecting substantially the
same property shall likewise not be considered again by the Planning Commission or City
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Council for an additional six (6) months from the date of the second denial unless a decision to
reconsider such matter is made by not less than a majority of the full City Council.
Section 2. Effective Date. This Ordinance shall be in full force and effect upon its passage.
Adopted by the City Council this 10 day of August, 2001.
'X /01
J y lyn . Tierney, Mayor 01
ATTEST
N
!Sandra- R. Paulson, City Clerk