Agenda Packets - 1983/08/22 - Laserfiche WebLink

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i Change in the community brought about Illrough rapid chanl;rs in Irdlit 4ogy, or Ur ball tivyrloplllellI or social bchaviol. In today's rapidly changing; wvmld, it is visually impossible to predict future devclupmcnl beyond a 5-I0•year period with any degree of accuracy. Thus, it is recognized by most punning prolessiorals Ihat the Comprehensive plan Should be upda4ed al least every 3.5 years to re- flect these ehaliges. Since zoning should be based on the comprehensive pun, file ordinance should Ile amended when the contprehcosit'r plan is up. dated. A second reason is to reflect changes in policy by lie community. This may come ;Ibout in a variety of different ways. For example, certain pldllnlmg policies ,Ind prograins may not be bring- ing about the desired goals which may uecessilatc a change in development politics. or development in adjacenl communities ntay affect the cummu- nily in such a way ;u to require changes in develop. "lent policy. For example, a stale or county high. way department stay Mainline to locale a major highway through or adjacent to a cunununily which (obviously will have a substantial effect on development. A third reason is to correct mistakes which were ')tilde at the time the comprehensive plan or zoning ordinance was developed and adopted. In most punning programs, minor errors will often he made which are overlooked at the time of adopting ilia cunglrchensive plan or zoning ordinance. 'fo correct these errors, flu zoning amendment pro- cedure would be applicable. Finally, rezonings (or changes in district lines) are often desired and appropriate in "staged growth" plans which ')take use of "holding zones." For example, a typical holding zone in a slagccl growth pun may he a relatively large area designa. led for agriculture. It is recognized that itsgruwlh nmves out in the rural areas that some of these agricultural areas will be re•zonecl for residential or commercial uses at such time that utilities can be extended pr. services provided lu bring about order. ly development. It should be noted that the staged growth approach has not yet been tested in the courts in. Minnesota although this approach to punning has been upheld in the highest court in New York State. 1-1a6ing discussed generally the rationale and GJ ti Ihcmy lug ronin!;,unendmenls, list)p:t.l ;nharca,. dl-.111w; wall nmiol; anu:udmrnl•, nerd l" liscus sod al lullher Icnglh. one is spnl zuuinl; ut:I the �I other Is down) zoning, Spot zoning. Spot zoni•:g has been defined as Ilia rezoning of a single parLcl of land or a rrlalive. ly small area for higher intensity use than the land surrounding ilia particular parcel of land. Usually Spot zoning involves a single parcel of land singled out lot special and prisilrl;cd Ire,itmcnl primarily for the benefit of the landowner and not in accord with the comprehensive plan. For example, the rezoning of a single parcel of land in a residential area fur commercial or industrial uses which are not compatible will, the surrounding land uses or in confnralance with Ilia comprehensive plan is ueedly held by the courts to Ire illegal in 111.11 it anunulls to spot zoning. In the absence of a crrm- prehcnsive pun, it is more difficult to determine whether a particular rezoning amounts to spot zoning. Spot zoning usually results when the local of. fici.ls are ton liberal in the granting of requested lulling amendments. 'there may be many reasons why a property owner may want it rezoning or t.,. Mining ,unendmenl, some of which arc legitinhale but some of which are not, in relation to the com. munity planning process. For example, a property owner may want a rezoning to enhance the oppor. II1111Ucs of selling his land, or to gain ,a competitive, lucaliunal advantage with a business enterprise, even though the proposed rezoning may be incom. patible with flu surrounding homes due to cxccs- sive noise, glare, and traffic. Care should he used by Ills local officials in is. suing rezonings or zoning amendments. If too many zoning amendments are authorized, it may and often flocs destroy or seriously weaken the punning; process. It may also open the local cam. "tunny to law suits from adjacent homeowners, Down zoning. Local officials should also be aware of some of ilia problems involved in down zoning; Ihat is, amending ilia zoning ordinance in such a way as to change a zoning district from a higher to a lower density or from a higher use such as commercial or industrial to a lower use such as residential. It has been maintained by some indi- viduals and landowners that a community cannot down zone since it will adversely affect property