Pursuant to M.S. § 15.99, an application for a Comprehensive Plan amendment shall be approved or denied within 60 days from the date of its official and complete submission unless extended by the city pursuant to statute or a time waiver is granted by the applicant. Additional city requirements are as follows:
(A) A pre-application meeting may be required by city staff at which the appropriate application procedures, requirements, and applicable provisions relating to the request will be reviewed and explained.
(B) Request for Comprehensive Plan amendment 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 fee schedule. Unless modified by the Zoning Administrator, such application shall also be accompanied by 15 copies of detailed written and graphic materials fully explaining the proposed change, development, or use and a list of property owners located 350 feet of the subject property obtained from and certified by an abstract company. The request shall be considered as being officially submitted when all the information requirements are complied with as determined by the Zoning Administrator. In cases when an application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within 10 days from the date of submission.
(C) Upon receipt of a complete application, as determined by staff review, and following preliminary staff analysis of the application and request, the City Clerk, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing, 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 a general description of the property location, and be published in the official newspaper at least 10 days prior to the hearing. Written notification of said hearing shall be mailed at least 10 days prior to all owners of land within 350 feet of the boundary of the property in question, if notification is required by state statute.
(D) Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this title.
(E) The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of action to the City Council.
(F) The Planning Commission shall consider possible effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors:
(1) Response to changing conditions and community attitudes.
(2) Whether there is a public need for the change and the change being proposed is the best means of meeting the identified public need.
(3) Whether there is a net benefit to the community that will result from the change.
(G) The Planning Commission and city staff shall consider the following compatibility factors for proposed amendments to the Comprehensive Plan Future Land Use Map.
(1) Visual elements (scale, structural design and form, materials, and so forth).
(2) Noise effects.
(3) Noxious odors.
(4) Lighting.
(5) Signage.
(6) Landscaping for buffering and screening.
(7) Traffic.
(8) Effects on off-site parking.
(9) Effects on land, air, and water quality.
(H) The Planning Commission shall consider possible effects of the proposed amendment to the Future Land Use Map. To change a Future Land Use Map designation, its judgment shall be based upon, but not limited to one of the following factors:
(1) Respond to a substantial change in conditions beyond the property owner’s control applicable to the area within which the subject property lies.
(2) Better implement applicable Comprehensive Plan policies than the current map designation.
(3) Correct an obvious mapping error.
(4) Address an identified deficiency in the Comprehensive Plan.
(I) The Planning Commission and city staff shall have the authority to request additional information from the applicant concerning operational factors, public facilities, and service elements that may be necessary for the proposed designation or to retain expert testimony with the consent and at the expense of the applicant. Such service elements may include water, sewer, storm drainage, transportation, police and fire protection, and schools. Failure on the part of the applicant to apply all necessary supportive information may be grounds for denial of the request.
(J) The Planning Commission shall, as appropriate, make findings of fact and shall recommend approval or denial of the request. Such recommendation shall be accompanied by the report and recommendation of the city staff.
(K) The City Council shall not act upon a Comprehensive Plan amendment until the Planning Commission has held a public hearing on the request. The City Council shall act upon the amendment within 60 days from the date of submission of a complete application, unless an extension has been provided, pursuant to M.S. § 15.99.
(L) Subject to limitations of M.S. § 15.99, 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 recommendation of the City Council may 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.
(M) Except for amendments to permit affordable house development as defined by M.S. § 462.355, Subd. 3, approval of a Comprehensive Plan amendment shall require a two-thirds majority vote of all members of the City Council.
(N) The Comprehensive Plan amendment shall not become effective until such time as the City Council approves a resolution reflecting said amendment.
(O) Whenever an application for an amendment has been considered and denied by the City Council, a similar application for the amendment affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least 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 Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than two-thirds vote of the full City Council.
(Ord. 2011-06-07A, passed 6-7-2011)