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December 19, 2006 CCP
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December 19, 2006 CCP
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Lake Elmo <br />Agenda Section: Planning and Zoning <br />No 9d <br />City Council <br />Dec. 19,2006 <br />Agenda Item: Proposed Process for Moving Ahead �i,ith Re -Zoning <br />Purpose. The city council is being asked to provide direction on how to proceed with the re -zoning <br />process that the planning commission is undertaking in light of the request for an extension for submitting <br />the zoning code to the Metropolitan Council. It will be important to submit a framework for proceeding <br />with this rezoning to the Metropolitan Council. The staff is proposing a process that begins with joint city <br />council and planning commission workshops to review the draft code and to allow the two bodies to <br />discuss the code and the process. If need be, it will also allow the city council, as the policy setting body <br />for the city, to clarify for the planning commission any policy directions that the city council wants to see <br />specifically incorporated in to the new zoning code. The process also includes a suggestion for ways to <br />communicate the proposed zoning code changes with property owners and citizens. <br />Background. The city's zoning code is the implementation tool for its comprehensive plan. It provides <br />the legal regulations for what property owners can and cannot do on their land. Because zoning is the <br />city's Iegal tool for managing its land use and because it is critical for property owners' use of their <br />properties, any zoning code must be specific about what is allowed in each district. Depending upon the <br />magnitude of the changes in the zoning districts, a new zoning code potentially affects every property <br />owner in the city (except for the Cimarron area). In most cases the revisions in the zoning districts may be <br />so minor that there is no real change to how the property owners in that district may use their land. (There <br />are approximately 3,000 parcels of land that are part of zoning districts that are scheduled for some type <br />of revision.) Although many revisions may be very minor, it is important to clearly communicate <br />proposed zoning code changes so no property owner is taken by surprise when they come in for a building <br />permit or other land use planning request. In order to assure property owners that there will be a public <br />process for making any changes, state law requires that planning commissions' hold public hearings on <br />proposed zoning code amendments and that property owners of acres that are 5 acres or less in size and <br />property within 350 feet of these property owners must be notified of the hearing by mail. <br />Process to date. The preparation of a new zoning code got underway, in part, because the Metropolitan <br />Council required the city to submit a zoning code that reflected the comprehensive plan policies within <br />nine months of the comprehensive plan's adoption. For Lake Elmo, the deadline for submitting the <br />revised zoning code to the Metropolitan Council is January 17, 2007. The city is requesting an extension <br />to that deadline. Providing a process that the city is following will help the city's application for an <br />extension. Over the past several months the planning commission has spent time, care and thought in <br />preparing a revised zoning code for the city. The commission has worked diligently in an effort to meet <br />the Metropolitan Council's January 17, 2007 deadline. The proposed code includes new districts with <br />significantly revised zoning regulations as well as districts with almost no changes. The planning <br />commission is now preparing to bring these revisions to property owners at public hearings before <br />adopting the revised code and recommending it to the city council for the city council's review, revisions <br />and approval. On December 11, 2006 the planning commission held its first public hearing on the new <br />zone, Village Residential (VR). Several property owners and interested citizens in the proposed Village <br />Residential zone attended the hearings._ The _planning commission hoped to_ adopt the VR zone changes <br />as well as move forward with the other 10 districts in December. However, there was not time to mail out <br />the legally required notices to property owners in time for the planning commission to complete its <br />process and make a recommendation to the council in time for the council to take action before the <br />Metropolitan Council deadline of January 17, 2007. <br />
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