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4 Amend Section 20-41,t 690 Ci{y Center Drive PO Box 147 Chanhassen, Minnesota 55317 Phone 952.937.1900 General Fax 952.937.5739 Engineering Department Fax 952.937.9152 Building Department Fax 952.934.2524 Web Site www. ci. chanhassen, mn. us TO: Planning Commission FROM: Bob Generous, Senior Planner DATE: September 4, 2001 SUB J: Amendment to Section 20-41 The City Attorney has advised staff that the legislature has approved a law requiring only a simple-majority for the approval of amendments to zoning ordinances and rezoning of property. Only in the case of a rezoning of property from residential to commercial will a supermajority of city council be required. The existing ordinance is as follows: Section 20-41. Generally. The council may, from time to time, by a four-fifths vote of the entire council adopt amendments to this chapter, including the zoning map. Amendments shall not be adopted that are inconsistent with the city's comprehensive plan unless the council expresses its intent to amend the comprehensive plan. The following, in a strikethrough for deletions and bold for new language is the proposed ordinance amendment: Thc council may, from timc to timc, by a four fifths vote of the entirc council adopt amcndmcnts to this chaptcr, including the zoning map. The council may, from time to time, by a majority vote of all members of city council adopt amendments to this chapter, including the zoning map. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require a two-thirds (2/3) majority vote of all members of the city council. Amendments shall not be adopted that are inconsistent with the city's Comprehensive plan unless the council expresses its intent to amend the comprehensive plan. RECOMMENDATION Staff recommends the Planning Commission recommend approval of the ordinance amendment shown in Attachment/ti. ATTACHM]ENT 1. Ordinance Amending Section 20-41 ~e Cio, o£C/mnhassen. A ~rvwin£ community with clean lakes, cuality schooh, a charmine downtown; thrivine businesses, and beautiflul l~arks. A ereat place to live, work, and t~lav. CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 20-41 OF THE CHANHASSEN CITY CODE CONCERNING AMENDMENTS TO THE CITY'S ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: SECTION 1. Section 20-41 of the Chanhassen City Code is amended to read as follows: SECTION 20-41. Generally. Thc council may, from time to time, by a four 'fifths vote of the entire council adopt amendments to this chapter, including thc zoning map. The council may, from time to time, by a majority vote of alt members of the city council adopt amendments to this chapter, including the zoning map. Amendments which change alt or part of the existing classification of a zonina district fi'om residential to either commercial or industrial require a two-thirds (2/3) majority vote of all members of the city council. Amendments shall not be adopted that are inconsistent with the city's comprehensive plan unless the council express its intent to amend the comprehensive plan. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this Council of the City of Chanhassen. day of ,2001, by the City ATTEST: Todd Gerhardt, City Manager Linda C. Jansen, Mayor (Published in the Chanhassen Villager on ,2001). 94747 I