Ordinance No. 131 Consolidated Land Use Ordinance

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with unrecorded documents whereby the petitioners acquire a legal ownership or equitable ownership interest or supply written authorization from the owner(s) of the property in question to proceed with the requested Institutional Overlay. 5. A list of all the property owners within three -hundred fifty (350') feet of the proposed site. This certified list shall be obtained from the County Assessor and supplied to the City Clerk. 2. Procedures. Pursuant to Minnesota Statues 15.99 as may from time -to -time be amended, an application for an institutional Overlay shall be approved or denied within the time allowed for by law from its official and complete submission unless notice of extension is provided by the City or a time waiver is granted by the applicant. If applicable, processing of the application through required state and federal agencies may extend the review and decision making period by the additional time allowed by law unless this limitation is waived by the applicant. Additional City requirements are as follows: Applications for rezoning for an Overlay District shall be filed with the Zoning Administrator on an official application form available for available from the City Clerk. Such applications shall also be accompanied by five (5) large scale copies and one (1) reduced scale copy of detailed written and graphic materials fully explaining the processed change, development, or use. The request for an institutional Overlay shall be placed on the agenda of the first possible Planning Commission meeting after the date of submission of the completed application. The request shall only be considered officially submitted when all the informational requirements are complied with. 2. Upon receipt of such application, the City shall set a public hearing following proper hearing notification as applicable. The Planning Commission shall conduct the hearing and report its findings and recommendations to the City Council. Notice of said hearing shall consist of a legal property description and description of the request, and shall be published in the official newspaper at least ten (10) days prior to this hearing and written notice of said hearing shall be mailed at least ten (10) days prior to all owners of land within three -hundred fifty (350') feet of the property in question. The City Clerk shall have the right to provide additional property owners notification beyond the three hundred fifty (350) foot distance if it is judged that the request will have an impact upon additional properties. The records of the County Assessor shall be deemed sufficient for determining the location and ownership of all such properties. A copy of the notice and a list of the property owners and addresses to which the notice is sent shall be attested and made a part of the records of the proceeding. 3. Failure of a property owner to receive such notice shall not invalidate any such proceedings as set forth in this Ordinance provided a bona fide attempt has been made to comply with the notice requirements of this section. 4. When reviewing the proposed institutional overlay, the following additional factors shall be included in the review: 1. The proposed action in relation to specific policies and provisions of the Official City Comprehensive Plan; 2. The proposed use's conformity with present and future land uses in the area; 3. The proposed use's conformity with all performance standards contained herein; 4. The proposed use's effect on the area in which it is proposed; 5. The proposed use's impact upon property value in the area in which it is proposed; 6. Traffic generation by the proposed use in relation to capabilities of streets and roads serving the property; 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets and utilities and the City's service capacity. Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 68