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<br />e <br /> <br />e <br /> <br />.. <br /> <br />initiated by the planning cormnission must be referred to the planning commission for <br /> <br />recommendation before action by the city council. No action may be taken until a public hearing <br /> <br />on the matter has been held before the planning commission or the city council. Notice of the <br /> <br />public hearing must be published in the official newspaper at least ten days before the date of the <br /> <br />hearing. In addition, if the area to be rezoned is five acres or less, notice must be mailed to the <br /> <br />owners of property located within 350 feet of the site of the proposed rezoning. An amendment <br /> <br />to the zoning ordinance requires an affinnative vote by 2/3 of all members of the city council. <br /> <br />(i.e. four members) <br /> <br />As is clear from these specific statutory requirements, there is a detailed procedure that must be <br /> <br />followed by cities in order to amend a zoning ordinance, including the rezoning of property. <br /> <br />There is no mechanism for property to be rezoned automatically. Accordingly, none of the <br /> <br />property that was added to the municipal urban services area in Ramsey as a result of the 1995 <br /> <br />comprehensive plan amendment has been automatically rezoned. <br /> <br />In addition to being contrary to statutory procedures, the concept of automatic rezoning is <br /> <br />incompatible with other legal principles. Inclusion of property within the municipal urban <br /> <br />services area simply means that the property is within the sewered portion of the community. <br /> <br />Most cities have sevezal urban zoning districts, often including more than one urban residential <br /> <br />district. A decision must be made by the city council regarding in which of the urban districts <br /> <br />the subject property should be placed. This discretion cannot be exercised if the property is <br /> <br />automatically rezoned. In addition, Minnesota Statutes.. section 473.858, subd. 1 authorizes cities <br /> <br />to provide for "planned, orderly, and staged development of urbanization or redevelopment areas". <br /> <br />This implies the ability to rezone property over a period of time to reflect staged growth, which <br /> <br />RRB120400 <br />RAl2S-S0 <br /> <br />S/E <br /> <br />a!)'dd <br /> <br />0tESLEE2:tS'QI <br /> <br />Ng^'d~!) ~ ^QgNNg~'WO~~ ES'pt LS-p0-~d'd <br />