(A) Request for amendments. Request for amendments of this chapter, the official zoning map or conditional use permits, as provided within this chapter, shall be filed with the City Administrator on an official application form. The application shall also be accompanied by ten copies of detailed written and graphic materials fully explaining the proposed change, development or use. The City Administrator shall refer the application, along with all related information, to the Planning and Zoning Commission for consideration and a report and recommendation to the City Council.
(B) Planning and Zoning Commission consideration. The Planning and Zoning Commission shall consider the request at its next regular meeting unless the filing date falls within 15 days of the meeting, in which case, the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The City Administrator shall refer the application, along with all related information, to the City Planning and Zoning Commission at least ten days prior to the regular meeting.
(C) Appearance by applicant. The applicant or a representative thereof shall appear before the Planning and Zoning Commission in order to answer questions concerning the proposed amendment or conditional use.
(D) Report and recommendation. The amendment or conditional use application shall be referred to the city staff for a report and recommendation to be presented to the Commission. A preliminary draft to the city staff’s report and recommendations shall be given to the city’s Planning and Zoning Commission at least ten days prior to the meeting at which the report and recommendations are to be presented. The final report and recommendations of the city staff are to be entered in and made part of the permanent written record of the Planning and Zoning Commission meeting.
(E) Adverse effects. The Planning and Zoning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgment shall be based upon (but not limited to) the following factors:
(1) Relationship to Municipal Compre- hensive Plan;
(2) The geographical area involved;
(3) Whether the use will tend to or actually depreciate the area in which it is proposed;
(4) The character of the surrounding area; and
(5) The demonstrated need for the use.
(F) Additional information. The Planning and Zoning 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, the information to be declared necessary to establish performance conditions in relation to all pertinent sections of this chapter.
(G) Finding of fact.
(1) The Planning and Zoning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as it deems necessary to carry out the intent and purpose of this chapter. The recommendation shall be in writing and accompanied by the report and recommendation of the city staff.
(2) The City Council shall not grant a conditional use permit until it has received a report and recommendation from the Planning and Zoning Commission and the city staff or until 60 days after the first regular Planning and Zoning Commission meeting at which the request was considered.
(H) City Council agenda.
(1) Upon receiving the report and recommendation of the Planning and Zoning Commission and the city staff, the City Council shall place the report and recommendation on the agenda for the next regular meeting.
(2) The reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting.
(I) Public hearing. Upon receiving the report and recommendation of the Planning and Zoning Commission and the city staff, the City Council shall hold a public hearing in compliance with M.S. § 462.357, subd. 3, as it may be amended from time to time, and shall make a recorded finding of fact and shall impose any conditions it considers necessary to protect the public health, safety and welfare.
(J) Four-fifths vote.
(1) Amendments to the official zoning map that change all or part of an existing residential zoning district to commercial shall require passage by a simple majority.
(2) All other amendments to this chapter, to the official zoning map or for a conditional use permit shall require passage by a three-fifths vote of the full City Council.
(K) Notification of decision. The City Administrator shall notify the applicant of the Council’s decision, in writing.
(Prior Code, § 1125.01) (Ord. 837, passed 11-19-2009; Ord. 844, passed 05-20-2010; Ord. 970, passed 01-13-2020)