Agenda Packets - 1982/10/25 - Laserfiche WebLink

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LOCAL AND RECTCNAL I'LANNTNG IN MTNNESOTA PACES 68 and 69 Zoning Amendment (Rezoning) Ile 1161in purpose ul the nuuug anu ndun ul is Io allow the runununily In i11.lnre the Irmingrlldi Manse or map. There ,lie [wil b.lsic types of a• numulolcnts, one is ,1 Ruing na.gt anlendmcnl or ,I ch.mge in the gcugraphic'al awa ltf a zoning di%llicl which i% Jku jlnpulally known as Iczaning. The uthcr is a [hinge in the tuning text, ul ch,uiGes in What is Irclnutled in ,1 pallicld.lr tuning disllit•t. I helc ale ,I number Ill rt'asuns wlay a cumuli• oily may went to amend the tuning urdinuus. —One is fo retlecl a significant and unanticipated change in the community brought about 1hruugh rapid changes in teehnningy, or nilmn development or social behavior. In today's rapidly changing Mudd, it is villually inqulssihlc to predict flouts develupmenl beyond a 5•I0•year period with any degree of accuracy. Thus, it is recognized by most planning prulcssiunals that Zile Cl milrehemiye plan should be updated it least evety 3.5 years In te• fleet these changes. Sines zoning should he baked fin [he cuntplchcnsive plan, the utdin.ulce should be unendcd when the cungneiemivc plan is Lilt - dated. A fecund reason is to rellecl changes in polity by the t'untmunity. This may come about in a variety of different ways. Fur example, cerlain planning pulitics and programs may not be bring• ing ahmn the desired goals which may necessitate .I change in develupolent policies. 01 development in adjacrnl communities may affect [he annnuo- oily in such a way as It, require ch.mges in develop• numl policy. Fur example, a stale or county high• way department play dcicfiuinc lu Iltcalc a major highway through or adjacenl to a community which obviously will have a substantial effect fin develupnneol. A third reason is to correct mistakes which were made al the lime the cumplchensive plan of nming ordinance was developed and adopted, In must planning programs, minor errors will often be made which are overlooked at the little of adopting the ennnprdunsive plan or zoning ordinance. To Coned these errors, the zoning amendment pro• swill ! would be applicable. Finally, « zonings (or changes in district lines) ,lie Often desired and apprupriate in "Slagcd growth" plans which male use of "holding zones," For example, a typical holding zone in a staged Inns Ill pl.ltl play he a lelalively large area designa• Ird flit .q;u, moll!. II is it -cognized that as growth Illull'% (1111 tit lilt, Inral ,IICas that Snnle IrCSC grin uhued .lees will be lo-tuned for resi, or uultnlrrti 11 liars .0 soch lisle I11,11 utilities call be emended lit %viv'ices provided Ili bring about order• ly lInclopmcnt. It should be noted that the staged gnns[h ,glynnath 11.1% nul yet Item tested in [lie t01111% in Minnesota although this approach to pl.uuting h,n been upheld in the highest court in New Yw1. Slue. II.Iv1ng diSCW%ed generally the rationale and Ihrury till zoning amendments, two 1W *..,m areas dolling with nming amendments need ill :: •Discus• sed at lumber length. One is spot zoning lad the ulhcl is down tuning. Spol zoning. Spul zoniq has been defined as the kilning of a single parcel of land or a relative- ly small area for higher intensity use than the land stirnnuoling the particular parcel of land. Usually spin zoning invulvc% a single parcel of land singled oul fill special and privileged treatment primarily for lite benefit of the landuwner and not in a cord with the comprehensive plan. For exam . e rezoning ul a single parcel of land in a ref 1,II area Iur cununercial or industrial uses which are not cumpalihle with the surrounding land uses or in nmflrrmance with tilt! comprehensive plan IS usually held by the comes to be illegal in that it amounts Io %lilt[ zoning. In the absence of a eom- pn'hrn%ive IlLm, it is inure difficult to determine whether a particular retuning amounts to spot zoning. Split zoning usually results when the local of- ficials arc tun liberal in the granting of requested zoning amendments. 'there may be many reasons wily a property owner may want a rezoning or zoning amenclmcot, sonic of which are legitimate but %mne of which are not, in relation to the com• munily planning process. For example, a properly owner may want a rezoning to enhance the oppor• tunities of selling his land, or to gain a competitive, localional advantage with a business enterprise, even though [he proposed rezoning may be incom• patible with the surrounding honnes duo to etc sive onise, glare, and traffic. (:are should be used by the local officials in is. suing trvonings or zoning amendments. If too many tuning amcndntcnls are authorized, it may and often dues destroy or seriously weaken the planning process. It may also open the local tom,