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03-22-1994CITY OF RIOHFIELD PLAnninG OOIY1miss10n AGENDA March 22, 1994 7:00 p.m. -- Regular Meeting ERR C au Appir®vmIl off Mmutso Regular Planning Commission meeting of February 22, 1994. PON 10 Hsaurib ff ITEM #1 94- ACUP -1 Chi -Chi's Restaurant - 7717 Nicollet Ave. So. Amend Conditional Use Permit ITEM #2 94 -RZ -1 Rezone Area #6 (MR district reclassification) Nev I:u i11e uine School Board Community Services Advisory Commission H RA City Council AdHoc 135/1494 Traffic Committee Adl ®unmmmant Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Service's Director at 861 - 9702." PLANNING COMMISSION MINUTF.S Regular Meeting February 22, 1994 MEMBERS PRESENT: Pamela Dmytrenko, Timothy Erlander, Michael Gallagher, Daniel Linnihan, Morris Nilsen II, Thomas Scaglia, William Snyder, Kristal Stokes, and Paul Wasko MEMBERS ABSENT: None. COUNCIL LIAISON: None. STAFF PRESENT: Bill Weaver, City Planner; Shawn Drill, Zoning Administrator; and Diane Anastos, Associate Planner The Planning Commission meeting was called to order by Chairperson Snyder at 7:00 p.m. APPROVAL OF MINUTES M[/Erlander, S/ Gallagher to approve the minutes of the regular Planning Commission meeting of January 25, 1994. Motion carried: 9 -0 PUBLIC HEARINGS None. NEW BUSINESS PC Letter #5 ITEM #I Election of Planning Commission Chairperson, Vice- Chairperson, and Secretary Election of Planning Commission Chairperson: Commissioner Erlander nominated Daniel Linnihan to serve as Chairperson. Planning Commission Minutes February 22, 1994 Page 2 Nominations closed. M/Scaglia, S/Erlander to elect Daniel Linnihan to serve as Chairperson for the upcoming year on an uncontested ballot. Motion carried: 9 -0. Election of Planninz Commission Vice - Chairperson: Commissioner Gallagher nominated Kristal Stokes to serve as Vice - Chairperson. Nominations closed. M/Gallagher, S/Erlander to elect Kristal Stokes to serve as Vice - Chairperson for the upcoming year on an uncontested ballot. Motion carried: 9 -0. Election of Planniniz Commission Secretary: Commissioner Snyder nominated Timothy Erlander to serve as Secretary. Nominations closed. M/Snyder, S /Gallagher to elect Timothy Erlander to serve as Secretary for the upcoming year on an uncontested ballot. Motion carried: 9 -0. PC Letter #6 ITEM #2 Appointment of Liaisons to School Board, Community Services Advisory Commission, City Council, HRA, and Ad Hoc Traffic Committee for the next year. The following appointments were made: School Board: Pam Dmytrenko; Alternate: Dan Linnihan. Community Services Advisory Commission: Kristal Stokes; Alternate: Tom Scaglia City Council: Byron Wallace. Planning Commission Minutes February 22, 1994 Page 3 HRA: Byron Wallace. Ad Hoc Traffic Committee: Bill Snyder, Mike Gallagher, and Paul Wasko. M/Scaglia, S/Nilsen to approve the liaison appointments. Motion carried: 9 -0. ITEM #3 PC Letter #7 Annual Review of Planning Commission Bylaws. M/Scaglia, S /Stokes to consider at the regular March meeting an amendment to Part I, Section 3 of the Bylaws, changing advance notice of special meetings from 24 hours to 72 hours. Motion carried: 9 -0. ITEM #4 PC Letter #8 Initiation of Capital Improvement Program (CIP) Process. Chairperson Linnihan stated that the joint meeting between the Planning Commission and Community Services Advisory Commission is set for April 12, 1994. Commissioners should review the handbook prior to the joint meeting. OLD BUSINESS None. LIAISON REPORTS School Board: Chairperson Linnihan reviewed budget issues. Community Services Advisory Commission: Commissioner Stokes stated the neighborhood meeting for Madison Park will be held on February 26, 1994. r. I luzaTd Planning Commission Minutes February 22, 1994 Page 4 City Council: None. Comprehensive Plan Steering Committee: Commissioner Stokes invited all Commissioners to attend the next meeting set for March 9 at 7:00 p.m. in the Council Chambers. Ad Hoc Traffic Committee: Commissioner Snyder said that the topic of the last meeting was the issue of what improvements should be made on 76th or 77th Streets west of 1-35W. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:20 p.m. imothy Erlander Planning Commission Secretary CITY OF R10HRELD Knnrnm commission Action Roquert Item: #1 Agenda Section: Public Hearing Case: #94- ACUP -1 Date: March 22, 1994 GENERAL INFORMATION Petitioner: Chi- Chi's, Inc. Location: 7717 Nicollet Avenue South Type Of Request: Amend conditional use permit to allow a reduction in required parking and seating capacity. Zoning: I- industrial Land Use: Commercial (restaurant) Comp. Plan: Freeway strip References: see attached Citations section for excerpts) Zoning Code: Section 525.01, Subd. 2 requires a conditional use permit for restaurant uses in the I zoning district. Section 545.09 outlines the conditional use permit procedure. ACTION Proposed Change: Interior remodeling /exterior site improvements; reduce seating capacity to meet on -site parking capacity. Staff Recommendation: Approve the amended conditional use permit request with stipulations. HISTORY Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all property owners within 350 feet of the subject property. 0 Public Hearing: The Planning Commission will conduct a public hearing on March 22, 1994. City Council: Planning Commission action would set a City Council public hearing date of April 11, 1994. ANALYSIS Background: In 1972, Left Guard Restaurant was granted the original conditional use permit and off - street parking permit for the site now occupied by Chi - Chi's. Because the site did not provide ample parking based on seating capacity of the restaurant, Left Guard leased additional spaces from Programmed Land, then owner of land to the east -- where there is a surplus of parking. City Council approval of Left Guard was conditioned on a parking agreement to ensure adequate parking for the restaurant use. When Chi -Chi's Restaurant opened, it assumed the conditional use permit of Left Guard, and became subject to the same conditions of approval. About two years ago, Consul Restaurant Corporation, then owner of the restaurant, was forced to break the parking agreement because of financial difficulties that eventually resulted in their loss of the restaurant. Chi -Chi's Inc now owns and operates the restaurant. Chi -Chi's Inc was not successful in recent attempts to re- negotiate the leased parking agreement with the present land owner to the east, Lutheran Brotherhood. As a result, Chi -Chi's Inc. has already closed off one large dining room and has taken other measures to reduce the seating capacity so it matches available parking on the Chi -Chi's site. Proposal: Chi -Chi's Inc is requesting the amendment of the conditional use permit by reducing the seating capacity of the restaurant, thus, eliminating the need for the condition requiring additional leased parking. They also want to make several improvements to the building, including interior remodeling and new facade treatment to update the restaurant. The parking lot would be, to the extent possible, brought up to current standards to address storm water management, landscape screening, and other City requirements. L%ues• The six foot high wood fence along 77th street, between the brick wall and Nicollet Avenue, would be replaced with a three foot high wood fence for better visibility from the improved 77th Street. It could be mid- summer before the large screen wall is erected north of 77th Street, leaving a short period of time that area residents will see more of the restaurant operations than they are accustomed to seeing. Direct access between Chi -Chi's and Menards /LeeWards would be eliminated through the use of a solid curb along the east lot line of Chi - Chi's parking lot. Lutheran Brotherhood has also begun to erect a chain link fence to ensure that parking and access are blocked off between the two sites. The landscape standards call for a three foot setback between the parking lot and the south lot line (along 78th Street frontage road). Chi -Chi's plan indicates a zero setback in this area. Chi -Chi's planners state that providing the three foot setback would cost several parking spaces, with little benefit. Instead of providing the setback, they are proposing to plant and maintain the wide City boulevard area south of the lot line. City parking standards require one parking space per two seats for restaurants that serve liquor. Chi -Chi's could provide seating for up to 398 customers with 199 on -site parking spaces, as provided for in this proposal. ZONING CODE: 525.01. Industrial District (I). Subdivision 1. Permitted uses. The uses listed in this subdivision are permitted uses in the industrial zoning district. Subd. 2. A use permitted in a C -2 district, subject to any procedural requirements applicable in the C -2 district. (Restaurants are permitted by conditional use permit in C -2 district) 545.09. Conditional use permits. Subdivision 1. Issuance. Conditional use permits may be issued for any of the following: a) any of the uses of purposes of which a conditional permit is required or permitted by this code; b) public utility or public service uses or public building when found to be necessary for the public health, safety, convenience or welfare; c) commercial excavating or natural materials used. for building or construction purposes; d) to classify as a conforming use any institutional use existing in any district at the time of the establishment of such district; e) to permit the location of any of the following uses in a district from which they are excluded by the provisions of this code: airport, library, community center, church, hospital and institutional of an educational, RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the amended conditional use permit for Chi -Chi's restaurant, pursuant to the attached plans, with the following stipulations: 1. That customer seating capacity not exceed 398, unless the conditional use permit or parking permit is amended. 2. That the City Planner approve the landscape /screening plan. 3. That the City Engineer approve the grading /drainage plan. 4. That a cash escrow agreement be submitted for landscaping and screening improvements before this permit will become effective. Basis: 1. The amendment would bring the use and site into compliance with the conditional use permit and off - street parking standards. 2. Chi -Chi's Inc has already submitted a plan to the Building Official which would reduce seating capacity to match available parking supply. 3. The proposed plan offers the best means of using the limited site area. Alternative: Recommend that the City Council deny the request with a finding of fact that the proposed use would have an adverse impact on surrounding properties or the City as a whole. CITATIONS ZONING CODE: 525.01. Industrial District (I). Subdivision 1. Permitted uses. The uses listed in this subdivision are permitted uses in the industrial zoning district. Subd. 2. A use permitted in a C -2 district, subject to any procedural requirements applicable in the C -2 district. (Restaurants are permitted by conditional use permit in C -2 district) 545.09. Conditional use permits. Subdivision 1. Issuance. Conditional use permits may be issued for any of the following: a) any of the uses of purposes of which a conditional permit is required or permitted by this code; b) public utility or public service uses or public building when found to be necessary for the public health, safety, convenience or welfare; c) commercial excavating or natural materials used. for building or construction purposes; d) to classify as a conforming use any institutional use existing in any district at the time of the establishment of such district; e) to permit the location of any of the following uses in a district from which they are excluded by the provisions of this code: airport, library, community center, church, hospital and institutional of an educational, philanthropic or charitable nature, cemetery, crematory, mausoleum or any other place for the disposal of human dead; and f) for use determined pursuant to subsection 505.11. Subd. 2. Limitation. A conditional use permit may not be issued for (1) the purpose of granting an adjustment or appeal, (ii) for any use not authorized for the zoning district for which the permit is sought, (iii) nor for prohibited use. Subd. 3. Application. Application for the issuance of a conditional use permit is made to the director. Proceedings to classify certain uses as conforming uses may be initiated either by an applicant or by the council. Amended, Bill No. 1988 -7) Subd. 4. Public hearing. The council may hold such hearings on-the proposal to issue a conditional use permit as it may consider necessary; but at least one public hearing shall be held by the board or by a committee of commission to be designated by the board in any application for a conditional use permit for the establishments of any use listed in subdivision 1, paragraphs a and f. (Amended, Bill No. 1988 -7) Subd. 5. Conditions. The council may not grant a conditional use permit unless it finds that the establishment, maintenance or operation of the use for which the conditional use permit is sought will not under the circumstances of the particular case be detrimental, (i) to the health, safety, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of the use, or (ii) to the public welfare or injurious to property or improvements in the neighborhood. (Amended, Bill No. 1988 -7) Subd. 6. Other conditions. The council may not grant a conditional use permit unless it finds that the establishment, maintenance or operation of the use for which the conditional use permit is sought is in compliance with the (i) comprehensive municipal plan, (ii) an officially adopted redevelopment plans and urban design guidelines, and (iii) applicable parking regulations and landscape guidelines. (Amended, Bill No. 1988 -7) Subd. 7. Compliance. The council may impose conditions and require guarantees in the granting of conditional use permits. Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity to the terms of the permit and of any conditions imposed. If any person violates a term of the permit or any condition imposed by the council'in connection with the grant or issuance of a conditional use permit, the council may revoke such permit and all rights attributable to such permit. In considering the revocation of a conditional use permit, the city shall proceed as follows: a) Complaint. The director shall review any complaints received by the city involving property which is subject to a conditional use permit, and shall determine whether, in the director's judgment a violation of the terms or conditions of any conditional use permit appears to have occurred. b) Notice of apparent violation. If the director determines that an apparent violation of such terms and conditions exists, the director shall cause a notice of violation to be mailed to the owner of the property or owner's agent and to any other person known to the city to be conducting the use for which the conditional use permit was granted. The notice shall: 1) be in writing; 2) particularize the violation or violations found to apparently exist and particularize the remedial actions which must be taken to achieve compliance with the terms and conditions of the conditional use permit; 3) provide a reasonable time, but not less than ten days, for the recipient to remedy the violation or violations particularized in the notice; and 4) inform the recipient that if the particularized violations are not remedied within the stated time period, the director will request the council to consider revocation of the conditional use permit. c) Failure to comply. When notice has been given in accordance with clause (b) above and the recipient has failed to correct the violations particularized in the notice within the time allowed, the director shall refer the matter to the city manager with a recommendation that a hearing be held by the council to consider the revocation of the conditional use permit. A copy of the director's recommendation shall be mailed to the same persons who previously were mailed the notice of violation. d) Scheduling of hearing. if the city manager concurs in the recommendation of the director, the manager shall schedule a hearing before the council to consider revocation of the conditional use permit. The date of the hearing shall be as soon as is reasonably convenient. e) Upon the scheduling of the hearing, the director shall furnish mailed notice of such to the same persons who were mailed notice of the violation. The notice shall: 1) state the time, date and location of the hearing; 2) describe with particularity the violations or violation which will form the basis of the director's recommendation to the council; 3) describe the recommendation which the director intends to make to the council with respect to revocation; and 4) inform the recipient of its opportunity to be present at the hearing, to be represented by legal counsel during the hearing, to present testimony and evidence and to cross - examine witnesses. The director shall also provide a notice containing the information described in subparagraphs (1), (2) and (3) of this paragraph to all other persons who would have been entitled to notice had the hearing been to consider the granting of the conditional use permit. f) Determination. At the conclusion of the hearing, or as soon thereafter as is reasonably possible, the council shall render its written decision. The decision shall state the terms and conditions of the conditional use permit found to have been violated; and shall state the determination of the council with regard to revocation of the conditional use permit. The council may, in lieu of revocation, permit the conditional use permit to continue subject to such further.or additional terms and conditions as in its judgment are necessary to insure compliance with the conditional use permit. The council's written findings and determination shall be mailed to the persons who were mailed the director's notice of violation. If a conditional use permit is'revoked, all uses and activities which are permitted only by such conditional use permit shall immediately cease. And all other licenses and permits issued by the city which require, as a condition of their issuance, the existence of the conditional use, shall be subject to termination in the manner set forth in this code or other applicable law. (Added (a) -(f), Bill No. 1988 -7) Subd. 8. Time limitations. A conditional use permit expires one year after it has been issued unless (i) the use for which the permit has been granted has commenced within one year or (ii) upon written application of the owner of the affected land the board extends the expiration date of such permit for an additional period not to exceed one year. Subd. 9. Fee. The fee for a conditional use permit is set by appendix D. Subd. 10. Other remedies. In addition to the procedure set forth in subdivision 7, the city may exercise, with or separately from such procedure, all and any other remedies and actions available to the city including, but not limited to those contained in sections 320 and 115 of this code. 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Date: March 22, 1994 GENERAL INFORMATION Petitioner: City of Richfield Subject Properties: Area #6 6409, 6415, 6421, and 6429 Blaisdell Avenue 6227 -29 and 6237 Pleasant Avenue 840 West 65th Street 920 -24 -28 Rae Drive Type of Request: Rezoning Current Zoning: MR (multiple residence) Land Use: • 6409, 6415, 6421, and 6429 Blaisdell Avenue are occupied by single family homes. 6227 -29 Pleasant is occupied by an 18 unit apartment building, and 6237 Pleasant Avenue is also occupied by an 18 unit apartment building. 840 West 65th Street is occupied by a 22 unit apartment building. 920 -24 -28 Rae Drive is occupied by a 28 unit apartment building. References: (see attached Citations section for excerpts) Zoning Code: Section 545.11 outlines the procedure for zoning amendments. MN State Statute: Chapter 462 outlines the procedure for zoning amendments. ACTION Proposed Change: • Rezone 6409, 6415, 6421, and 6429 Blaisdell Avenue to R. Rezone 6227 -29 and 6237 Pleasant Avenue to MR -3. Rezone 840 West 65th Street to MR -3. Rezone 920, 924, and 928 Rae Drive to MR -3. Staff Recommendation: Approve the rezonings. HISTORY Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all property owners within 350 feet of the subject property. City Council: Planning Commission action.would set first reading of the City Council on March 28, 1994. The City Council public hearing and second reading would be tentatively scheduled for April 25, 1994. ANALYSIS Background: Staff is reviewing the zoning ordinance for revision and update. Initial analysis indicates that the MR district is not effective because its provisions are incomplete, outdated and ambiguous. The MR district has no density limitation and incorporates the single family uses of the R district as well as two family, multi - family and group housing developments. The MR district was the original and only multi - family district when Richfield's growth occurred. Later, the MR -1 (two family), MR -2 (multi- family), and MR -3 (high density multi - family) districts were created to provide more precise controls for the expanding variety of multi - family housing. When the MRA, MR -2, and MR -3 districts were added, most MR zoned land was rezoned to fit into that classification system. The intention was for all MR zoned land to be rezoned but approximately 30 parcels of land are still zoned MR. These parcels are being evaluated and presented for reclassification to the most appropriate land use zone. The proposed zoning designation for the subject parcels are consistent with the existing land use. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the rezoning of the subject parcels per the attached rezoning plans. Basis: 1. This rezoning will help to bring the zoning reap up to date with current land use practices and the comprehensive plan. 2. An MR zone is no longer an appropriate zoning district in the City and an update to a more appropriate district is called for whether or not the text of the zoning ordinance is changed. 3. If the text of the zoning ordinance is updated to eliminate the MR district, then it would be apropos to have eliminated such designated areas before the text change. 4. The proposed R zoning is most appropriate for the existing single family uses at 6409, 6415, 6421, and 6429 Blaisdell Avenue, while offering proper regulatory control for present and future land uses. 5. The proposed MR -3 zoning is most appropriate for the existing 18 unit apartment Buildings at 6227 -29 and 6237 Pleasant Avenue. The MR -3 classification allows 18 or more units. This designation would be consistent with the existing multiple. family use. 6. The proposed MR -3 zoning is most appropriate for the existing 22 unit apartment building at 840 West 65th Street. The MR -3 classification allows 18 or more units. This designation would be consistent with the existing multiple family use. 7. The proposed MR -3 zoning is most appropriate for the existing 28 unit apartment building at 920 -24 -28 Rae Drive. The'MR =3 classification allows 18 or more units. This designation would be consistent with the existing multiple family use. Alternative: Recommend that the City Council deny this rezoning with a finding that such rezoning would have an adverse impact on the subject parcels, adjacent properties or the City as a whole. REZONING ' PLAN EXISTING LAND USE 64TH ST. ui DUPLEX u.i a QJ W m W F' C W SINGLE JO J m FAMILY COMM'L. V . m Z r N Q m Os N V m 65TH ST. . EXISTING ZONING 64TH ST. 65TH ST. ui Q W Q J H O J N J J U_ in 2 PROPOSED ZONING 64TH ST. 65TH ST. 6409,64159 64219 6429 BLAISDELL AVENUE MR 1.1.1.1.1.1.1.1.1 N(l El • ui Q W J J O U_ Z 62279 29 PLEASANT AVENUE 6237 PLEASANT AVENUE MR MR -3 Ni PLANNING ZONING j—`j R.,Mn o nr o.ro.nr REZONING PLAN EXISTING LAND USE EXISTING ZONING PROPOSED ZONING CROSSTOWN HWY. CROSSTOWN HWY. CROSSTOWN HWY. uj N 18 -UNIT uJ N N Q APT. ui f4. ui r; ui N BLDG. Q Q 04 Q Q F— N N tD ccQ Q a SINGLE m Q m N to ui 18 -UNIT FAMILY W cn J a APT. J J a N J JN BLDG.a a a N a 63RD ST. 63RD ST. 63RD ST. 62279 29 PLEASANT AVENUE 6237 PLEASANT AVENUE MR MR -3 Ni PLANNING ZONING j—`j R.,Mn o nr o.ro.nr REZONING-PLAN EXISTING LAND USE EXISTING ZONING JJJ '` J J. J J r J J J J J J N J J J J J J J J J J J JJJJJ J J J O • ••• J J J J JJJJJJ J J J J J J JJJJJJ) 6 840 WEST 65TH STREET MR JJJJJJJJJJ C - 2 MR -3 PC -2 N OR PROPOSED ZONING O, q COMM'L. MUNIT 0. APT. in Demon BLDG. 0 J J J J J J J J J J J J TWO 29 -UNIT APT. BLDGS, PARK 65 EXISTING ZONING JJJ '` J J. J J r J J J J J J N J J J J J J J J J J J JJJJJ J J J O • ••• J J J J JJJJJJ J J J J J J JJJJJJ) 6 840 WEST 65TH STREET MR JJJJJJJJJJ C - 2 MR -3 PC -2 N OR PROPOSED ZONING 0. in Demon JJJJJJJJJJ 0 J J J J J J J J J J J J J J J J J J J C as / a• J J JJJJJJJJJJ) J J JJ JJJ J J JJ J JJ emu • • . JJJJJJJJJJ J J J J J D••• • • : R .. . o76 REZONING •.PLAN EXISTING LAND USE EXISTING ZONING PROPOSED ZONING PARK R A 28 -UNIT = _ _ - - .'•'::.'. APT. BLDG. TW TOWN 9 ? 11- IT 9 9 ...••' a AP ___ Z4 ___- HOUSES IN LE AMR D LEX S 66T ss . l,1;,,,,,,, sTyH3TTjysT sT 9209 9249 928 RAE DRIVE MR PMR g MR -2 PMR -1 • ` N PLAWNING r. ZONINGMR-3 R c.,ley ova o.wn„»M CITATIONS 11 PE 545.11. Amendment procedure. Subdivision 1. Public hearings. No amendment to this code shall be adopted until a public hearing has been held thereon by the council. Subd. 2. Notice of hearing. A notice of the time, place and purpose of the hearing shall be published in the official newspaper at least ten days prior to the day of the hearing. Subd. 3. Mailing of notice. When an amendment involved changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine he names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by he responsible person an shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 4. Initiation. An amendment to this code may be initiated by the council, planning commission, or by the petition of the owners of not less than fifty percent of the land proposed to be rezoned and by the owners of at least fifty percent of the land within three hundred feet of the land proposed to be rezoned. Properties owned by federal, state, municipal entities or other political subdivisions shall be excluded from any computation of the percentage of landowners necessary for rezoning petitions .initiated by landowners. Subd. 5. Issuance of building permit. No building permit for any building or structure may be issued while proceedings for rezoning of the land wherein the structure is located or to be located are pending, unless the permit would be permitted under both the existing zoning classification and the proposed zoning classification for such area, or unless council approval is first obtained. Subd. 6. Limitation: Time. Not more than one petition for the rezoning of any particular lot, piece or parcel of land shall be made within any twelve -month period. Subd. 7. Amendment: fee. The fee for a petition to rezone land is set- by appendix D. STATE STATUTE: 462.357 PROCEDURE FOR PLAN EFFECTUATION ;-ZONING. Subdivision 1. Authority for zoning. For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, the location, height, width, bulk, type of foundation, number of stories, size of buildings and otter structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in sec- tions 103F.201 to 10317.221, access to direct sunlight for solar energy systems as defined in section 216C.06, flood control or other purposes, and may establish standards and procedures regulating such uses. No regulation may prohibit earth sheltered construc- tion as defined in section 216C.06, subdivision 2, relocated residential buildings, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface, and subsurface areas of the municipality into districts or zones of suitable numbers, shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be known as the zon- ing ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory .located within two miles of its limits in any direction, but not in a county or town which has adopted zon- ing regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits, until the county or town board adopts a com- prehensive zoning regulation which includes the area. Subd. 2. General requirements. At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. Subject to the require- ments of subdivisions 3, 4 and 5, the governing body may adopt and amend a zoning ordinance by a two-thirds vote of all its members. If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance supersedes the plan. Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall be adopted until a public hearing has been held thereon by the planning agency or by the governing body. A notice of the time, place and purpose of the hearing shall be pub- lished in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the pro- ceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to com- ply with this subdivision has been made. Subd. 4. Amendments. An amendment to a zoning ordinance maybe initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency.