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HomeMy WebLinkAbout2023-486 PUD Standards Ordinance Amendment - as amendedCity of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. ZUZJw486 Motion By: Nichols Seconded By: Schultz May 25, 2023 AN ORDINANCE AMENDING THE TEXT OF SECTIONS 1040.140 AND 1070.010 OF THE ZONING ORDINANCE OF THE CORCORAN CITY CODE RELATED TO PLANNED UNIT DEVELOPMENTS (CITY FILE 22-045) THE CITY OF CORCORAN ORDAINS: SECTION 1. Amendment of the City Code. The text of Section 1040.1 Code is hereby amended by removing the material and adding as follows: 1040.140 - PUD (PLANNED UNIT DEVELOPMENT) Subd.1. Purpose. In return for grey Development (PUD) distri exceptional quali nature through n PU Ds r flexibili t 40 of the Corcoran City the underlined material in site design requirements, the Planned Unit to deliver creative communi designs 1 honor the rural character of Corcoran b re _reservation, resl that sustain the City. PUDs will in average o space amenities; i ncor open space, and circulation; assure cc neighborhood character; and provide of v prioritizin ion, and/or enhancement of the natural systems a combination of public benefits such as above- �rate creative design in the lavout of buildings, reater roadsi utilities, and other infrastructure. �"I LA AA JIL ity with surrounding land uses and efficiency in the layout and provision of f` . 7 T T T r\ T11 7 T T . i ✓ V • V � V ,✓ aaa V is �.. Y i V ...L i V \., LV ...V �.J L V LLL V \rV VL V N�.L Y �c,irrn L�ovi�-►i�i�� A PUD canbeused in the development of residential nelighborhoVods and/or nonresidential areas in a manner that would not be possible under a conventional zoning district. The decision to zone property to PUD is a public policy decision for the City Council to make in its legislative capacity. Subd. 2. Intent. The intent of this district is to include most of the following: I. Provide for the establishment of PUD districts in appropriate settings and situations to create or maintain a development pattern that is consistent with the City's Comprehensive Plan. II. Potentially Aallow for the mixing of land uses within a development when such mixing of land uses is determined to be compatible with the surrounding area and could not otherwise be accomplished under the existing zoning and subdivision regulations. III. Provide for variations to the strict application of the land use regulations to improve site design and operation, while at the same time incorporating design elements, e.g. GEMStFUCti nn m ateR.21 S,es,1 i XJLatn , that exceed the City's standards to offset the effect of any variations. Desired design elements may include the following: innovative design, integration of historical or rural structures and design elements, utilization of newlv established technologies in Page 1 of 14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-486 May 25, 2023 buildin desi n, special construction materials, additional landscaping, creatin parking and pedestrian connections, stormwater management, pedestrian - oriented design, or transitions to residential neighborhoods. IV. Promote more creative and efficient approach to land use within the City, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City. V. Preserve and enhance natural featuresl �d open spaces, trees, and scenic views. VI. Maintain or improve the efficiency of public streets and utilities. VII. Ensure appropriate transitions between differing land uses. VIII. Ensure high duality of design and designs that are compatible with surrounding land uses, including existing and planned. Subd. 3. Al- Applicability. A PUD district shall not be established for parcels guided in the Comprehensive Plan for Rural/Ag Residential and Rural Service/Commercial, except where allowed for an Open Space Preservation Plat. T* t^AA 11n- Fe..as A PUD district can be established for parcels guided in the Co other land use designation than those stated above when the proposal meets the intent of the PUD district. Allowed Uses. mprehensive Plan a: City finds that the -�lln�^�-�hlo enerally be limited to those uses considered associated with the general land use catego area on the City's Comprehensive Plan. A. Low Density Residential. PUDs locatec density residential shall be limited to wed by conditional, intern laced with the following si and RSF-3. motion of Underlvi I. PUDs located on lan �n lanc iermitl nd or -famil �nGq District. shown for the :hat is guided for existing and low d and accessory uses in addition t �ministrative permit as residential districts: RSF4, RSF-2 t guided as one of the land use designations in the table below will be presumed to include permitted and accessory uses in addition to uses allowed b lit ermits of the underlvin desi nation. v conditional, interim, and f or administrative zoning district(sl associated with the land use Land Use Designation in Com rehensive Plan Underl,�ng District Zoning Medium Density Residential RMF4 Mixed Residential RMF-2 High DensityResidential RMF-3 Page 2 of 14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-486 Mixed Use GMU and DMU Commercial C4 and C-2 Business Park BP Light Industrial I=1 Public Semi -Public PI II. Additional approved 1 with the in uralnan nt of the :ern lat if the G derlvin 1 in the u �ncil det zoning d nderlvi ermines ]strict. C. Mixed Use. PUDs located on land guided as mixec combination of residential and commercial uses. Drt�c�»mr�ti��� D�r��►rm�r�n� Ctnr�anr�c� r May 25, 2023 nine district may h uses to be com xpected to i Z � V V Kaaa� �.a � V a V a a V a �alKa� V V V \.K1aKKi K V • L V 1. ✓ a� � � �r a �V � V L ■�/� lJ t. I. RJ <A <..11..J Vll L K L N■ l �.iLl � j... . The district regulations (e.g., minimum lot dimensions, building height, and building coverage ratio) of the most closely related underlying zoning district shall be considered presumptively appropriate, but may be departed from to accomplish the purpose and intent described in this Section. Design Standards. The PUD plan establishes the requirements for a PUD and shall �ov_ern land uses and design. The followin PUDs: is a list of minimum standards required of A. Appropriate Integration. PUDs shall be appropriately integrated into existing and proposed surrounding development. This does not mean the PUD reflects the specific standards of the surrounding area such as lot size, density, setbacks, or design. While integration may be achie achieved through continuation of exist landscaping buffering, or other means. rough nd use uch standards, it may al. ones, architectural trans] B. Variety and Enhanced Design. Since PUDs are expected to exceed standards, most residential PUDs should include a wide variety of styles. Style refers to the exterior image and footprint, not the floor plan. Where a wide varie make sense, the PUD should include enhanced buildin1 design that exceeds underlo�ng standards. I. PUDs with detached homes r�lust provide house elevations for a There should be no less than 5 s les of detached homes. royal. II. PUDs with attached homes (not including apartment buildings) must include no less than 2 styles. III. For PUDs without a residential component, a rds with renderings for design evaluatior licants must provide materi C. Open Space. Alow-density residential PUD shall provide a percentage of the proiect area as open space based on the requested lot width minimum as shown in the subsequent table. Page 3 of 14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-486 May 25, 2023 Proposed Lot Width Required Open Space 72' or more 00 Less than 72' - 65' 7% Less than 65' - 55 12 / Less than 55' 15% I. If the PUD is to be developed in Phases, the applicant must include the entirE site to be designated as open space in the Plat of the first phase of development. II. Open space is a vegetated area or areas available for the common use of and is accessible by all residents or occupants of the buildings within the PUD. a. Open space shall consist of upland and be calculated on a net basis which excludes private yards, private streets from back of curb to back of curb, public rights -of -way, or any other non -recreational impervious surface area. b. Areas within easements shall be used in calculating open space unless the easement is over an inaccessible and/or unusable space ii such as wetlan c. The calcul d. Dedicated :ion will arkland stormwarer Ponas. be based off the net re -development area. r trails shall not be used in calculating oven space for a developmen Comprehensive Plan. Outdoor recreational fay open space to be used b_ gardens, greens, and gazebos. However, encic club houses or sheds cannot be placed within r aced in the 2040 ilities or structLires c the residents of the Placed within the lopment such as structures such as f. The applicant shall be required to submit an open space Plan along with the PUD development plan. The open space plan will illustrate the use and/or function of the open space area or areas. The open space plan shall include any nronosed improvements and/or design of the ooen snac area. III. These open space requirements do not a PUDs in the Rural Residential and Urban IV. The Cour discretio accommc of 3 unity it can waive or r when an applic� dated with other and/or r acre) 'duce the require �ly to Open Space &Preservation eserve zoning districts. nt shows that th City nronosed public pace requirement at their e open space cannot be ts(includin2 a minimum densi D. Perimeter Buffer. Ds shall provide a landscapin arterial and major collector roads. merits uffer to screen homes from E. Public Accessibility. When a PUD includes natural features such as creeks, streams ponds, and lakes, the PUD shall provide public access to these features. Discretion su impose aryStandards. In addition to the above standards, the City Council ma roiect as are reasonable and as the Page 4 of 14 City of Corcoran County of Hennepin State of Minnesota Council ORDINANCE NO. 2023-486 ems are necessary to P12 rotect an welfare of the communi and surroundin G. Prohibited Features and Mocations. will not romo areas. May 25, 2023 neral lth. saf rant side setbacks that result in less than a 15-foot minimum required separation between two detached dwellings. II. PUDs with detached homes shall be designed to avoid interior perimeter roads that are parallel to arterial roadways. Roadways should be curvilinear wherever feasible with a variety of building orientation along arterial roadways. M r-- Use of open ended cul-dQ-sacs To reduce'"Wall of Homes" effect �r Us* of curvilinear road to reduce "Wall of Homes" effect III. PUDs cannot request flexibility from meeting the minimum required screening and/or buffering Ordinance unless the applicant can show there is a site constrain standards otherwise required in the Zonin control that justifies a deviation from these requirements, proposes an ftheir alternative screeniri2 method that will meet the intent of the requirements, and�or proposes relocatin within the development. D Benefits. PU change for flexi .- , , - ainst Corcoran's P av be amended fro ex ected to v in Zoni �n for Cif D Public m ti m e to PUDs should seek to Public Benefit Poli screenin Ordinance rec Council review t Poll methods to a more beneficial location ublic benefits in irements. All new PUDs that have not rior to 5 /25 /2023 shall be reviewed of this Section, as satisfy several of the identified Public benefits in the . The size of the PUD, constraints of the site, and flexi Quested will be considerations for the Ci appropriate amount of public benefits are district. in determinin whether reposed to illstifv 2rantin n th PU D PUD B. If an applicant would like the City Council to consider a potential benefit not captured by the PUD Public Benefit Policy, this should be discussed with staff and Council as part of the concept plan. Page 5 of 14 Cify of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-486 May 25, 2023 C. A PUD that offers tree preservation as a public benefit will be required to replace any removed trees that were intended for preservation on a 1:1 caliper inch basis. D. PUDs for open Space and Preservation plats in Rural Residential and Urban Reserve districts are not subject to the PUD Public Benefit Policy. Subd..68. Processing Procedures. The general sequence for application, review and action on a PUD shall be according to the following procedures: A. Pre -application Conference Prior to filing of an application or submittal of a sketch plan the applicant shall arrange For and attend a conference with the Zoning Administrator. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area and its conformity to the provisions of this district prior to incurring substantial expenditures in the preparation of plans, surveys, and other data. B. PUD Sketch Plan Prior to filing a preliminary PUD development plan application, the applicant shall submit a sketch plan of the pro) ect to the Zoning Administrator prior to submission of a formal application. The Zoning Administrator shall refer the sketch plan to the City Council for discussion, review and informal comment. Any opinions or comments provided to the applicant shall be considered advisory only and shall not constitute a binding decision on the request. The purpose of the sketch plan is to inform the City of the applicant's intentions and to inform the applicant as to the general acceptability of the proposal before extensive costs are incurred. The PUD Sketch Plan shall be conceptual in nature but shall be drawn to scale and shall contain at a minimum the following: 1. Location map showing the location within the City and more detailed locations onhalf-section plat maps showing all perimeter property lines. 2. Aerial photograph of the area. 3. General location of all identified natural resources and wetland inventories on and abutting the premise. 4. General location of existing and proposed structures. 5. Tentative access, circulation and street arrangements, both public and private. 6. Amenities to be provided such as recreational areas, open space, walkways, parking, landscaping, etc. 7. A representative example of the style of structures to be constructed. City of Corcoran County of Hennepin State of Minnesota May 25, 2023 ORDINANCE NO. 2023-486 Proposed public sanitary sewer, water and storm drainage. A general statement of concept, identifying the intent of the project and compatibility with the surrounding area. 10. Extent of and any proposed modifications to land within the Overlay Districts as described and regulated in Section 1050. 11. Any other items as maybe deemed necessary by City staff. (Ord. 286, passed 9-25-14) C. Nei rhood Meetin Prior to filing an a lication or submittal of a prelimina PUD plan, the a licant shall rranee and conduct a neighborhood meeting with notice provided to prone caner within at least 350 feet of the desired site's this me(tin surroundin in the shall be to rovide information on a erimeter. The rimary nur roposed development to neighborhoods and allow feedback to be provided and incorporated earl rnrPcc An a lication for a preliminary PUD development plan will not be considered complete until after a neighborhood meetin D. Preliminary PUD Development Plan is held. The purpose of the preliminary PUD development plan is to establish the intent, density, and intensity of the proposed development. Upon receipt of the complete application for rezoning to PUD and the preliminary PUD development plan, the item shall be scheduled for a public hearing at the Planning Commission. The Planning Commission shall conduct a public hearing in accordance with the provisions of the City's Code. Upon due consideration, the Planning Commission shall make a recommendation to the City Council. Following the Planning Commission recommendation, the City Council shall consider the rezoning request and preliminary PUD development plan. At this meeting the City Council shall receive the recommendation from the Planning Commission and a report from the City Staff. Upon due consideration the City Council shall approve, disapprove, or approve with specified modifications and/or conditions by majority vote. If a preliminary development plan has been denied by the City Council, the owner or applicant may not reapply for the same or similar on the same property for a six (6) month period following the date of the denial. E. Final PUD Development Plan The applicant shall submit a final PUD development plan to the City. The Planning Commission shall review the final plan in accordance with the provisions of this Section. The Planning Commission shall review the application to ensure that the proposed final PUD development plan is in substantial conformance with the approved preliminary PUD development plan. Upon due consideration the Planning Commission Page 7 of 14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-486 shall make their recommendation to the City Council. May 25, 2023 Following the Planning Commission recommendation, the City Council shall consider the final development plan. Upon due consideration the City Council shall approve, disapprove, or approve with specified modifications and/or conditions by majority vote. If the applicant desires, and the City Council concurs, the preliminary and final development plans may be processed concurrently, provided all items required for both applications are submitted. The rezoning of the property defined in the development plan shall not become effective until such time as the City Council approves an ordinance reflecting said amendment, which shall take place at the time that the City Council approves the final development plan. Subd. -� 9. Required Findings. The Planning Commission and the City Council shall find the following prior to the approval of a preliminary development plan or final development plan: A. The planned development is not in conflict with the Comprehensive Plan. B. The planned development is not in conflict with the intent of the underlying zoning district and is compatible with surrounding land uses. C. The planned development is not in conflict with other applicable provisions of the City's Zoning Ordinance. D. The planned development or unit thereof is of sufficient size, composition, and arrangement that its construction, marketing, and/or operation is feasible as a compIete unit without dependence upon any other subsequent unit or phase. E. The planned development will not create an excessive burden on parks, , streets and other public facilities and utilities which serve or are proposed to serve the planned development. F. The planned development will not have an undue and adverse impact on the reasonable enjoyment of the neighborhood property. G. The quality of the building and site design proposed by the PUD plan shall substantially enhance the aesthetics of the site, shall demonstrate higher standards, more efficient and effective uses of streets, utilities and public facilities, it shall maintain and enhance any natural resources within the development, and create a public benefit that is greater than what would be achieved through the strict application of the primary zoning regulations. Preliminary Development Plan Content. The intent of the preliminary development plan is to allow City review of site plan and general development issues, without the need for detailed architectural plans. The applicant shall submit preliminary development plans which include the following: Page 8 of 14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-486 A. A location map which indicates existing and future land uses. May 25, 2023 B. Maps of existing and proposed site features and uses at a minimum scale of 1" _ 100' scale which indicates topography in two -foot contours; building outlines; location of significant vegetation; water bodies and wetlands; location of streets, drives and parking areas; and other significant features. C. A site plan showing all proposed structure and building locations including signs. Plans shall note structure height, general architectural design features and anticipated exterior materials. D. A preliminary circulation plan indicating pedestrian and vehicular movement systems. This plan shall also include service access and screening for receiving material and trash removal. E. Preliminary drainage, grading, utility and erosion control plans. F. A concept landscaping plan illustrating preservation of existing vegetation, and new landscaping and buffer areas. G. A written report which describes the proposed uses, indicates covenants or agreements which will influence the use and maintenance of the proposed development, describes the analysis of site conditions and development objectives which has resulted in the planned development proposal, and statement of which primary zoning district provisions are being modified by the planned development. H. A shift of density or intensity of the plan, if applicable. For example, aten-acre site with seven acres of "Commercial" guiding and three acres of "Medium Density Residential" guiding could be developed with 70 percent of the land area commercial and 30 percent of the land area at the Medium Residential density identified in the Comprehensive Plan. This type of shift would only be allowed as part of a PUD and the location of uses within the site would be determined as part of the PUD process. This implementation technique would not require an amendment to the Land Use Guide Plan Map. I. Any other information deemed necessarybythe City Staff in order to evaluate plans. J. Twenty copies of the above information shall be submitted no larger than 11 x 17 inches. K. Five copies of the above information shall be submitted on 24 x 36 inch sheets. L. For City initiated rezonings to Planned Unit Development District, the preliminary development plan may consist of any information deemed necessary to identify and protect the public interest. Subd. � 11. Final Development Plan Content. The final development plan shall include all of the Page9of14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 4UA3w486 May 25, 2023 information required for submission of the preliminary development plan plus architectural plans, detailed site, landscaping, grading and utility plans and all additional information which was requested by the planning commission as a result of its review of the preliminary plan. The final plan shall incorporate all recommendations of the planning commission and City Council, or shall indicate how the final plan fails to incorporate the commission's recommendations. The final plan shall also include and reflect all changes in preliminary plan data since the submission of the preliminary plan. The applicant shall submit final development plans which include the following information. A. A location map which indicates existing and future land uses. B. Maps of existing and proposed site features and uses at a minimum scale of 1" =100' scale which indicate topography in two -foot contours; building outlines; location of significant vegetation; location of streets, drives and parking areas; and other significant features. C. Detailed drawings of all proposed structure elevations, including scaled elevations and exterior building materials of all buildings and signs. Samples of all proposed materials which will be used on the exterior of structures may be required with the elevation drawings. D. Proposed floor plans for all floor levels ofmulti-family and non-residential buildings, including locations of electrical, mechanical and gas metering equipment, and storage areas for trash and recyclable materials. E. A landscape plan indicating tree, shrub and ground cover species, size, provisions for plant material watering. F. A final circulation plan indicating pedestrian and vehicular movement systems. This plan shall also include service access for receiving and trash/recycling removal. G. Alighting plan showing foot-candle levels, luminaire location, fixture type and height. H. Rooftop equipment and screening plan and elevation drawings of rooftop equipment and screening of views from adjacent streets and property. I. A final drainage, grading, utility, and erosion and sedimentation control plan. Such plans shall comply with the requirements of this Ordinance. J. Identification and delineation of all wetlands on the site including preservation and filling and mitigation. K. A written report which completely describes the proposal and indicates covenants or agreements which will influence the use and maintenance of the proposed development, describes the analysis of site conditions and development objectives which has resulted in the planned development proposal, describes any changes Page 10 of 14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-486 May 25, 2023 from the approved preliminary development plan, and statement of which primary zoning district provisions are being modified by the planned development. L. A shift of density or intensity of the plan, if applicable. For example, aten-acre site with seven acres of "Commercial" guiding and three acres of "Urban Residential" guiding could be developed with 70 percent of the land area commercial and 30 percent of the land area at the urban residential density identified in the Comprehensive Plan. This type of shift would only be allowed as part of a PUD and the location of uses within the site would be determined as part of the PUD process. This implementation technique would not require an amendment to the Land Use Guide Plan Map. M. Any other information deemed necessary by the City Staff in order to evaluate plans. N. Twenty copies of the above information shall be submitted no larger than 11 x 17 inches. 0. Five copies of the above information shall be submitted on 24 x 36 inch sheets. Subd. � 12. Performance Guarantees A. The City Council shall require the owner and developer of a PUD to execute a development agreement which may include, but not be limited to, the approved development plan, conditions of approval, association and maintenance agreements, and a timetable for construction. B. The City Council shall require an applicant for PUD rezoning/development plan to provide a financial guarantee in accordance with Section 1070.050 of this Chapter to ensure that the development will be executed in performance with the approved final PUD development plan. C. The City Council is empowered to require that all required improvements be constructed and completed prior to the issuance of any occupancy permits. D. Construction of each PUD development shall be commenced within one year after the effective date of the PUD rezoning by the City Council. Upon good cause shown, the City Council may extend the time for one additional year. If construction is not commenced within these time periods, any building permits issued for the PUD shall be void and the Planning Commission may initiate proceeding to rezone the subject property. E. Any building permit issued for construction pursuant to PUD rezoning shall be valid only so long as there is compliance with the final development plan as accepted by the City Council. Changes To Final Development Plans. Minor changes to final development plans adopted by the City Council maybe approved by the City Administrator, provided that the changes do not involve the following: Page 11 of 14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-486 May 25, 2023 A. Increase in floor area of structures or number of dwelling units. B. Change in exterior building material. C. Alteration of any condition attached or modification to the final development plan made by the City Council. D. A rnaj or change to a final development plan which is at variance with any standards of the City Code or is less restrictive than any conditions of approval for the initial final development plan, shall require approval by a majority vote of all members of the City Council. SECTION 2. Amendment of the Cit Code. The text of Section 1070.010, Subd. 1 of the Corcoran City Code is hereby amended by removing the material and adding the underlined material as follows. 1070.010 —ZONING AMENDMENTS (TEXT AND MAP) Subd. 1. Procedure. An application for an amendment to the Zoning Ordinance or Zoning Map shall be approved or denied, pursuant to Minnesota Statutes 15.99. Additional City requirements are as follows: A. Request for rezoning (text or map) shall be filed with the Zoning Administrator on an official application form. Anon -refundable fee as set forth in the City Code shall accompany such application. Detailed written and graphic materials, the number and size as prescribed by the Zoning Administrator, fully explaining the proposed change, development, or use, shall also accompany such application. The application shall be considered as being officially submitted and complete when the applicant has complied with all the specified information requirements. B. Upon completion of preliminary staff analysis of the application and request, the Zoning Administrator, when appropriate, shall set a public hearing following proper hearing notification. The Planning Commission shall conduct the hearing and report its findings and make recommendations to the City Council. C. Notice of said hearing shall be mailed to all owners of land within 350 feet of the boundary of the property in question. This provision shall not apply in the case of a rezoning if the amendment affects an area greater than five (5) acres pursuant to Minnesota Statutes §462.357. D. Failure of a property owner to receive said notice(s) shall not invalidate any such proceedings as set forth within this Chapter. E. Notice of said hearing shall also be published in the official newspaper at least 10 days prior to the hearing and consist of: 1. Legal property description. 2. Description of request. Page 12 of 14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-400 Map detailing property location. May 25, 2023 F. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Chapter. G. The applicant or a representative thereof may appear before the Planning Commission in order to present information and answer questions concerning the proposed request. H. The Planning Commission shall make findings of fact and a recommendation on the request. Such recommendations shall be accompanied by the report and recommendation of the City staff. I. The City Council shall not act upon an amendment until they have received a report and recommendation from the Planning Commission and the City staff. J. Upon receiving said reports and recommendations of the Planning Commission and the City staff, the City Administrator shall schedule the application for consideration by the City Council. Such reports and recommendations shall be entered in and made part of the permanent written record of the City Council meeting. K. Upon receiving said reports and recommendations, the City Council shall have the option to set and hold a public hearing if deemed necessary. L. The applicant or a representative thereof may appear before the City Council in order to present information and answer questions concerning the proposed request. M. For any application that changes all or part of the existing classification of a zoning district from residential to either commercial or industrial, approval shall require passage by a two-thirds vote of the full City Council. Approval of any other proposed amendment shall require passage by a majority vote of the full Council. N. For anv application reauestin2 a rezoning to a Planned Unit Development District, approval shall require passage by afour-fifths vote of the seated City Council present at the time of the vote. Approval of a proposed amendment shall require passage by a majority vote of the entire Council. A vote that fails due to failure of requisite votes is deemed a denial. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment. Whenever an application for an amendment has been considered and denied by the City Council, the Planning Commission or City Council shall not consider a Page 13 of 14 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2023-486 May 25, 2023 similar application for an amendment affecting substantially the same property again for at least 6 months from the date of its denial. A subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional 6 months from the date of the second denial unless a decision to reconsider such matter is made by not less than a majority of the full City Council. ECTION 3. Effective Dat This Ordinance shall be in full force and effect upon its adoption. ADOPTED by the City Council on the 25th day May 2023. VOTING AYE ® McKee, Tom ❑ Bottema, Jon ® Nichols, Jeremy ® Schultz, Alan ® Vehrenkamp, Dean ATTEST: Michdtl-e Friedrich —City Clerk VOTING NAY ❑ McKee, Tom ❑ Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean To McK -Mayor City Seal Page 14 of 14