Subd. 1. Purpose. The purpose of this subsection is to establish regulations and procedures for the processing and consideration of amendments to the text and maps of the Comprehensive Plan and zoning ordinance. The City Council may adopt amendments to the Comprehensive Plan and zoning ordinance (map and text) in relation both to land uses within a particular area of the community or district or to the location of the land use/zoning district line. Such amendments shall not be issued indiscriminately, but shall only be used as a means to reflect changes in the goals and policies of the city as reflected in the Comprehensive Plan or changes in conditions in the city.
Subd. 2. Procedure. Proceedings for amending the Comprehensive Plan or zoning ordinance shall be initiated by petition of an owner or owners of property which is proposed for a change in land use and/or zoning designation or for which district regulation changes are proposed, by recommendation of the Planning Commission or by action of the City Council. The procedure for amending the Comprehensive Plan and/or zoning ordinance (map and text) is outlined as follows.
1. Prior to filing an application for amendment, the prospective applicant(s) shall schedule a preliminary meeting with the Zoning Administrator or designee to discuss items including, but not limited to, the nature of the proposed use, consistency of the proposal with applicable city policies and standards, and information required for a formal application.
2. The applicant shall file the completed application form together with the required exhibits with the Zoning Administrator and shall pay a non-refundable filing fee and escrow as established by City Council.
3. The City Council shall approve, deny, or conditionally approve the amendment within 60 days of receipt of the complete application, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time, or a late date agreed to in writing by the applicant.
4. Following receipt of a complete application, the Zoning Administrator or designee shall set the date for a public hearing and publish the date, time, meeting location, subject site location, and brief description of the proposal in the official newspaper at least ten days prior to the public hearing. Written notices shall be mailed at least ten days prior to the public hearing to all owners of land within 500 feet of the boundary of the property to which the amendment relates, if notification is required by state statute.
a. A copy of the public hearing notice for applications under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing.
b. A copy of the public hearing notice for applications under floodplain controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of the hearing. All amendments to subsection 1004.02, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency’s (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption.
5. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth in this section.
6. The Planning Commission shall hold the public hearing to consider the application and the possible adverse effects of the proposed amendment. The judgment of the Planning Commission with regard to the application 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 objectives of the Comprehensive Plan, including public facilities and capital improvement plans;
b. The proposed action meets the purpose and intent of this chapter 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 actions; and
d. There is an adequate buffer or transition provided between potentially incompatible uses or districts.
7. The Planning Commission and city staff shall have the authority to request the applicant to provide additional information concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant. Said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter. Failure on the part of the applicant to supply all necessary supportive information may be grounds for denial of the request.
8. Upon receiving the report and recommendation of the Planning Commission and city staff, the City Council shall hold a public meeting to act on the application. The City Council may, before taking final action and subject to the limitations provided under M.S. § 15.99, as it may be amended from time to time, refer the matter back to the Planning Commission for further consideration based upon new information, or if the City Council finds that specific inconsistencies exist in the review process. The City Council shall provide the Planning Commission with a written statement detailing the reasons for referral.
9. Approval of a proposed amendment shall require a majority vote of all members of the City Council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial shall require a super majority vote of all members of the City Council. A copy of approved amendments under local shoreland management controls shall be sent to the Commissioner of Natural Resources or the Commissioner’s designated representative and postmarked within ten days of final action.
10. The amendment shall not become effective until such time as the City Council approves a resolution (in the case of a Comprehensive Plan amendment) or an ordinance (in the case of a zoning ordinance amendment), and the ordinance is published in the official newspaper.
11. Denial of applications for amendment shall be accompanied by written findings of fact of the City Council including supporting data setting forth the reasons for the denial in terms of the ways in which the proposed use fails to meet the standards and intent of the Comprehensive Plan and/or this chapter and is otherwise injurious to the public health, safety, and welfare.
12. No application which has been denied wholly or in part shall be resubmitted for at least one year from the date of its denial, unless substantial changes have been made which warrant reconsideration, as determined by the Zoning Administrator.
Subd. 3. Information Requirement. All information as required by the city’s amendment handout.