Agenda - Planning Commission - 04/04/2013

Home

RELEVANT LINKS: Minn. Stat. § 462.357. Minn. Stat. § 462.358, subd. 2a. Minn Stat. § 15.99. Minn. Stat. § 462.357, subd. 4. See Part III, The 60 -day rule. Sun Oil Co. v. Village of New Hope, Minn. N.W.2d 256 (Minn. 1974). Minn. Stat. § 462.357, subd. 2. A.G. Op. 59 -A -32 (Jan. 25, 2002). Amcon Corp. v. City of Eagan, 348 N.W.2d 66 (Minn 1984). Olsen v. City of Hopkins, 178 N.W.2d 719 (Minn. 1970). Three Putt, LLC v. City of Minnetonka, No. A08 -1436 (Minn Ct App 2009) (unpublished decision). e) Requests for rezoning or zoning ordinance amendments Cities have the authority to rezone (change a designation from residential to mixed commercial) or otherwise amend the zoning regulations governing a particular parcel of property (such as adding a permitted or conditional use). Note however, that rezoning is an amendment to the actual zoning ordinance and therefore all the procedures for amendments to the zoning ordinance apply. Rezoning may be initiated by the planning commission, council, or a petition by an individual landowner. If a request for rezoning does not come from the planning commission, the matter must be referred to the planning commission for study and report. Care should be taken so that the 60 -Day Rule discussed previously is not violated, resulting in an automatic granting of the rezoning Rezoning is a legislative act and needs only to be reasonable and have some rational basis relating to public health, safety, morals, or general welfare. A rezoning decision must be supported by findings of fact that indicate the city's rational basis for the rezone. If the city has followed a comprehensive planning process, the findings of fact should also indicate that the decision is consistent with the city's comprehensive plan. (1) Rezoning residential property When property is rezoned from residential to commercial or industrial, a two- thirds majority of all members of the city council is required. (This means there must be four affirmative votes on a five- member council, in most cases.) For other rezoning decisions, a simple majority vote of all members is all that is required. The Minnesota attorney general has issued an opinion that charter cities may not alter this voting requirement in their charter. The purpose of state law is to provide a uniform set of procedures for city planning and such procedures apply to all cities, charter or statutory. (2) Spot zoning The general rule is that property owners to do not acquire any vested rights in the specific zoning of their parcel. Cities may exercise their legislative discretion to rezone property in furtherance of the public, health, safety and welfare. Cities should, however, avoid a type of rezoning known as "spot zoning." Spot zoning usually involves the rezoning of a small parcel of land in a manner that: League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 35