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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 89 <br /> <br /> <br />2. Substantial changes have occurred within the City since the adoption of the Comprehensive <br />Municipal Plan which changes should result in an amendment of both the zoning and the <br />Comprehensive Municipal Plan; or <br /> <br />3. There shall exist a clear public need for a benefit to be derived from the proposed zoning which <br />shall be greater than any benefit or convenience of the property owners. <br /> <br />4. Beyond a public need being evident, the application shall show that the public interest would be <br />best served by rezoning the property in question and that the property in question is the best <br />qualified to serve said public need; or <br /> <br />5. In the case of “down zoning” which would diminish the intensity of the current use to a less <br />intensive use, the proposed zoning shall allow the property owners a reasonable use of their <br />property under the terms of this ordinance as well as serve the public interest. <br /> <br />2. When reviewing a zoning amendment applications, impact on the following criteria shall be reviewed <br />and measured by the Planning Commission and City Council: <br /> <br />1. Adjacent Uses; and <br /> <br />2. Air and Water Quality; and <br /> <br />3. Traffic Generations; and <br /> <br />4. Public Safety and Health; and <br /> <br />5. Area Aesthetics; and <br /> <br />6. Economic Impact on the Entire Area; and <br /> <br />7. Consistency with the Comprehensive Plan. <br /> <br />5. Public Hearing. In consideration of the application(s), a public hearing shall be held before the Planning <br />Commission to receive public comment on the matter. Notice of the public hearing shall be published in the City’s <br />official legal publication not less than ten (10) nor more than thirty (30) days with said notice stating the date, time, <br />place and a summary of the application. If the amendment might affect th e zoning or use of specific property, a <br />similar notice shall be mailed to all owners of real property located within three hundred fifty (350') feet of the <br />affected property based upon a list and mailing labels secured from Ramsey County Property Records a nd Revenue <br />by the applicant and within the same time frame. <br /> <br />6. Referral to City Council. The Planning Commission shall make written findings of fact in accordance with the <br />Comprehensive Municipal Plan and recommendation to approve or deny the application to the City Council which <br />shall include such actions or conditions relating to the request as may be deemed necessary to carry out the intent <br />and purpose of this Ordinance. <br /> <br />7. Action by City Council. Upon receipt of the written recommendation of the Planning Commission and public <br />comment, the matter shall be placed on the agenda for a regular meeting of the City Council, the date of such <br />meeting to be within the time prescribed by law unless such date is extended or waived. If no recommendation is <br />transmitted to the City Council by the Planning Commission within thirty (30) days of its receipt, the City Council <br />may take action without further communication from the Planning Commission. In considering the application, the <br />City Council shall determine that the proposed amendment: <br /> <br />1. Will not be detrimental to public health, safety, and general welfare; <br /> <br />2. Is in harmony with the general purpose and intent of the Comprehensive Municipal Plan; <br /> <br />3. Is in compliance with this Ordinance. <br />The City Council shall, in the form of a resolution, make a written finding a fact, convey its decision to approve or <br />deny the application, and impose such conditions on approvals as may be necessary to protect the public health, <br />safety, and welfare. Approvals shall require a majority vote of the City Council.