REZONING

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REZONING Powered By Docstoc
					                                                                                For City Use Only

                                      City of Rogers                     Date Received:       ________
                                                                         10 Day Review Limit:       ____
                                      22350 Diamond Lake Road            Complete/Incomplete:       Y / N
                                        Rogers, MN 55374
                                                                         Checked By:         ___________
                                    Http://www.ci.rogers.mn.us
                                           (763) 428-2253                Date Letter Sent:     _________


                                          REZONING
I.    REVIEWABLE APPLICATION

Applicants must submit the following information with an annexation application in order for the
application to be accepted. Only those informational items including a box and space for the initials
of a City representative may be waived. The items will be considered waived only if initialed and
dated by the appropriate City representative.

____ 1.      CRT date: _________________________________________ (insert date).

____ 2.      Filing fee of $700, Escrow $1,000

____ 3.      A copy of this Submittal Checklist completed by the applicant and containing the initials
             of the appropriate City representative for any information item that has been waived.

____ 4.      Twenty (20) copies of the following (i) completed application form (see page 6); (ii)
             vicinity map (8 ½” x 11”); and (iv) zoning map (24” x 36”) containing information on page
             10. The zoning map must be folded in eighths to approximate letter size. The copies
             shall be collated into 20 packets ready for distribution.

____ 5.      One (1) copy of an 11” x 17” reduction of the zoning map.

____ 6.      A title commitment verifying the record title owners, lienholders and any mineral estate
             owners and identifying encumbrances and exceptions to title. The title commitment
             must be dated within 30 days of the date of submittal of the application to the City. An
             ownership and encumbrance report does not qualify for a title commitment.

____ 7.      A list of the names and mailing addresses of all owners of property being rezoned, as
             such names and addresses appear on the latest records of the Hennepin County Clerk
             and Recorder. The list must also include the names and addresses of owners and
             lessees of all severed mineral interests and owners of all easements.

____ 8.      One (1) original petition for zoning signed by all persons or entities having a record
             interest in the area to be rezoned, including owners and lessees of severed mineral
             rights. The required format and content of the petition is set forth on page 12.
CITY OF ROGERS
(763) 428-2253                                                                          Revised 9/11/07

____ 9.             If special provisions are requested with the rezoning, such as a development
                    agreement, ten (10) copies of a letter requesting such provisions shall be submitted.
                    The letter shall identify any special terms or conditions requested by the petitioner(s).

____ 10.            Two (2) copies of a Phase I Environmental Report prepared by a qualified specialist in
                    accordance with current guidelines issued by the U.S. Environmental Protection
                    Agency. The report must bear suitable evidence of the professional qualifications of the
                    person or firm who prepared the report.

____ 11.            Rezoning Assessment – One (1) copy of a report evaluating the rezoning request with
                    respect to compatibility with existing uses and zoning in the vicinity of the property. The
                    report must explain why the uses permitted by right under the zoning district(s) being
                    requested would be compatible with existing uses and existing zoning in the vicinity.
                    The report must include an assessment of the rezoning request demonstrating
                    consistency with the policies of the Rogers Comprehensive Master Plan.

_____ 12.           The report must include a section that provides specific evidence on which to make
                    each of the following findings. In assessing these findings, it must be assumed that the
                    property is developed into the use permitted by right that would result in the greatest
                    impacts (worse case scenario) for the impact being assessed. For example, if traffic
                    impacts are being assessed, then the impact assessment must be based on the use
                    permitted by right that generates the highest number of vehicle trips. If compatibility
                    with adjacent uses is being assessed, then the use by right that would be most
                    incompatible must be the bases for the assessment.

             (i)           The purposes set forth in the Rogers Municipal Code would be met if any use
                           permitted by right in the zone district being requested was developed on the
                           subject property.

            (ii)           Development of the subject property pursuant to any of the uses permitted by
                           right under the zoning district being requested would result in development that is
                           compatible with existing land uses adjacent to and in close enough proximity to
                           the subject property to be effected by development of it.


            (iii)          Development of the subject property pursuant to any of the uses permitted by
                           right under the zoning district being requested would result in impacts on City
                           infrastructure and services that are consistent with current infrastructure and
                           services master plans.




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CITY OF ROGERS
(763) 428-2253                                                                         Revised 9/11/07

           (iv)          Development of the subject property pursuant to any of the uses permitted by
                         right under the zoning district being requested would result in development that is
                         not detrimental to the health, safety, or welfare of the neighborhood or general
                         public.

____ 13.          A digital copy of the zoning district boundary legal description(s). All descriptions shall
                  be in a Microsoft Word format. The PID # or #’s should also be provided.

____ 14.
  *               One (1) copy of a list, certified by Hennepin County, of the names and addresses of all
                  surface owners of record of all properties that fall wholly or partially within 350 feet of
                  the subject property of all boundaries of the property under development review as said
                  names and addresses appear on the latest records of the Hennepin County Clerk and
                  Recorder. Please call (612) 348-5910 to acquire this list.

                  *This list shall be current within one (1) month from the date of the mailing.

  *
____ 15.          Affidavit certifying that the written notice was given, by first class mail, for the Planning
                  Commission public hearing to all mineral estate owners at least 30 days prior to the
                  public hearing. The written notice shall be provided to those mineral estate owners on
                  the list required in Item #7. *The affidavit is required prior to the Planning
                  Commission public hearing.




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CITY OF ROGERS
(763) 428-2253                                                                    Revised 9/11/07

II.   APPLICATION, APPROVAL, and PUBLIC NOTICE REQUIREMENTS

A.    Application: A rezoning application is required to change the zone district of property
      currently existing in the City of Rogers city limits. Rezoning of property requires a public
      hearing before the Planning Commission and City Council. The Planning Commission makes
      a recommendation to the City Council. The City Council makes the final decision on the
      rezoning request.

B.    City review and determination of complete application: Prior to submittal of a rezoning
      application, a Conceptual Review Team (CRT) meeting with the City is required. Once a CRT
      has been complete, a submittal of the application may occur.

C.    Mineral Estate owners (if any) Notification: A minimum of 30 days prior to the scheduled
      public hearing the applicant must give written notice, by first class mail, to the mineral estate
      owners identified on the list required under Item 7 in the submittal checklist. The notice must
      state the date, time, and location of the public hearing and the nature of the application being
      considered by the City. Failure to provide the required affidavit or evidence of a defective
      mailing list will result in a cancellation of the public hearing until proper notices are provided.




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                                                 City of Rogers
                                              Rezoning Application

                   *All information must be completed and collated before submittal will be accepted*


Project Name:

Zoning District Requested:
Application Fee:
 $700.00,  Escrow $1,000
Legal Description of Property Boundary (Lots, Blocks, Tracts and Subdivision Name, or Metes & Bounds):


Address of Existing Buildings or Property:
Applicant: (Company Name)
Company Person:                                            Phone:                             FAX:
Address:                                     City:                            State:             Zip Code:
Email Address:
Consultant: (Company Name)
Contact Person:                                            Phone:                             FAX:
Address:                                     City:                            State:           Zip Code:
Email Address:
Owner:
Contact Person:                                            Phone                              FAX:
Address:                                     City:                            State:             Zip Code:
Email Address:
Site Data
Acreage of Site:                                 Existing Adjacent Zoning and Use
Gross: ________________________                  North Side:
Right-of-Way: __________________                 East Side:
Net: __________________________                  South Side:
Existing Use: ___________________                West Side:
Proposed Use: __________________
Existing Zoning: _________________               Is any portion located in a floodplain? (If yes, attach legal description)
Number of Units Existing: _________
Utility Service Provided by:
Water:                                       Sewer:                               Electric:
Designation of Representative:

The Owner(s) agree that _________________________________________________ represents the owner(s) in all
matters pertaining to this project, including subsequent modifications to the application. In addition, the applicant
agrees to pay the City of Rogers, within 15 days from the mailing or delivery of the billing statement, the actual cost
incurred by the City for professional engineering, legal, planning, and inspections reasonably and necessarily required
for the processing of this application

Owner: _______________________________________                 Date: _____________________


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Representative: ________________________________   Date: _____________________




                                                   6
                                             Petition for Rezoning
To the City Council of the City of Rogers, Minnesota, and the Planning Commission for the City of Rogers, Minnesota:
The undersigned do hereby petition for a change of zoning of the following described real property, to-wit:
(1)

From (2) ________________________________________________________ District as zoned at present , to (3)
__________________________________________ district; and that the said Planning Commission and City Council
consider this petition and amend the Rogers Municipal Code, changing the zoning of the above described property as
petitioned for above.

Signature and mailing address of signer must be provided in the space below. Also state if land is within or adjacent to
the property described above. (4)




The following statement is and is intended to be represented as a sworn statement and an “oath”

STATE OF MINNESOTA            )
                              ) ss
COUNTY OF HENNEPIN            )

(5) ________________________________________, the affiant, being first duly sworn, upon oath depose(s) and say(s):
that affiant was the circulator of the above and foregoing petition; that the signatures on said petition were signed in
affiant’s presence; and that they are signatures of the persons they purport to be.

                                                (6) ____________________________________________

Subscribed and sworn to before me this ______ day of ____________________, 20____.

Witness my hand and official seal.

My commission expires ______________________________

                                                                ________________________________________
                                                                Notary Public

                                                                _________________________________________
                                                                Address




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CITY OF ROGERS
(763) 428-2253

PLEASE NOTE: If additional sheets are needed in order to record more signatures, the Circulator’s Affidavit
should be placed at the end of the last signature sheet, in the same form.

FOOTNOTES AND GENERAL INSTRUCTIONS:

1.     Insert here the legal description, and the street address thereof, if specific lots or parcels of land are to
       be rezoned. If a large area is to be rezoned, the outside boundaries of the area to be rezoned should
       be set forth. If additional space is needed, attach additional sheets.

2.     Insert the name of the zoning district in which the described property is located.

3.     Insert the name of the zoning district in which the petitioners desire to have the described property
       placed.

4.     Insert the word “Yes” if the Signer is the record owner of any parcel of property located within or partly
       within the area of the property proposed for rezoning, or if the signer is the record owner of property
       either immediately adjacent in the rear of the property proposed for rezoning extending one hundred
       (100) feet from the street frontage of such property. Otherwise, insert the word “No”.

5.     Insert the name of the person who circulated the Petition.

6.     The Circulator’s Affidavit must be signed by the Circulator before a Notary.

7.     Filing fee must be paid when the Petition is filed.

8.     The original and two (2) signed copies of the Petition must be filed with the City Clerk at least thirty (30)
       days prior to the regular meeting of the Planning Commission at which the Petition is to be considered
       and heard.




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                              Rezoning Map Requirements
The rezoning map shall comply with the following format and information requirements:

____ 1.      Scale not less than 1” = 200’

____ 2.      North arrow, date prepared and revised, if applicable, bar scale, and sheet number.

____ 3.      Show abutting property lines and indicate existing zoning of all abutting properties.

____ 4.      Show all abutting streets and any other abutting public rights-of-way

____ 5.      Show area to be rezoned in hatched boundary (indicate total area in square feet or
             acres of each area to be rezoned).

____ 6.      Indicate existing zoning of the area and the proposed new zoning.

____ 7.      A written legal description of the boundaries of each of the proposed zone districts
             within the area to be annexed.

____ 8.      A key map showing the relationship of the individual sheets on the first sheet of the map
             set, in the case of three or more sheets. Match lines and labels are required on each
             sheet of a set. Map notes shall appear only on the first sheet.




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