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HomeMy WebLinkAbout2007-12 Amending Subsection 850.04 C(2) of Subdivision 2 ORDINANCE NO. 2007-12 AN ORDINANCE AMENDING SECTION 850 OF THE CODE TO REQUIRE PUBLIC HEARINGS FOR CERTAIN MATTERS BY THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Subparagraph C(2) of Subd. 2 of Subsection 850.04 of the City Code is amended to read as follows: "2. Commission Review and Hearing. Within 45 days after receipt by the Planner of the petition, fee and all other required information, in form and substance acceptable to the Planner, the Planner will review the petition, Preliminary Development Plan and the other information provided by the petitioner, and forward a report to the Commission. The Commission shall conduct a public hearing regarding the petition and Preliminary Development Plan. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 1,000 feet of the tract to which the petition relates insofar as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor or from other appropriate records. After reviewing the report of the Planner and hearing the oral or written views of all interested persons, the Commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the Council. No new notice need be given for hearings, which are continued by the Commission to a specified future date." Section 2. Subparagraph C(5) of Subd. 2 of Subsection 850.04 of the City Code is amended to read as follows: 645. Final Development Plan; Commission Review and Hearing. The Final Development Plan shall be in form and substance acceptable to the Planner. Within 45 days after receipt by the Planner of the Final Development Plan, the Planner shall forward a report to the Commission. The Commission shall conduct a public hearing regarding the Final Development Plan. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 1,000 feet of the tract to which the petition relates insofar as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor or from other appropriate records. After reviewing the report of the Planner and hearing the oral or written views of all interested persons, the Commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the Council. No new notice need be given for hearings, Ordinance No. 2007-12 Paget which are continued by the Commission to a specified future date. The Commission shall recommend approval by the Council upon finding that the proposed development: a. is consistent with the Comprehensive Plan; b. is consistent with the Preliminary Development Plan as approved and modified by the Council and contains the Council imposed conditions to the extent the conditions can be complied with by the Final Development Plan. c. will not be detrimental to properties surrounding the tract; d. will not result in an overly-intensive land use; e. will not result in undue traffic congestion or traffic hazards; f. conforms to the provisions of this Section and other applicable provisions of this Code; and g. provides a proper relationship between the proposed improvements, existing structures, open space and natural features. A recommendation of approval by the Commission shall be deemed to include a favorable finding on each of the foregoing matters even if not specifically set out in the approval resolution or the minutes of the Commission meeting. Section 3. Subparagraph D(2) of Subd. 2 of Subsection 850.04 of the City Code is amended to read as follows: "2. Commission Review and Hearing. Within 45 days after receipt by the Planner of the petition, fee and all other required information, in form and substance acceptable to the Planner, the Planner will review the petition, Preliminary Development Plan and the other information provided by the petitioner, and forward a report to the Commission. The Commission shall conduct a public hearing regarding the petition and Preliminary Development Plan. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 1,000 feet of the tract to which the petition relates insofar as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor or from other appropriate records. After reviewing the report of the Planner and hearing the oral or written views of all interested persons, the Commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the Council. No new notice need be given for hearings, which are continued by the Commission to a specified future date." Section 4. Subparagraph D(5) of Subd. 2 of Subsection 850.04 of the City Code is amended to read as follows: Ordinance No. 2007-12 Pago "5. Overall Development Plan; Commission Review and Hearing. The Overall Development Plan shall be in form and substance acceptable to the Planner. Within 45 days after receipt by the Planner of the Overall Development Plan, the Planner shall forward a report to the Commission. The Commission shall conduct a public hearing regarding the Overall Development Plan. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 1,000 feet of the tract to which the petition relates insofar as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor or from other appropriate records. After reviewing the report of the Planner and hearing the oral or written views of all interested persons, the Commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the Council. No new notice need be given for hearings, which are continued by the Commission to a specified future date. The Commission shall recommend approval by the Council upon finding that the proposed development: 4 h. is consistent with the Comprehensive Plan; \9 i. is consistent with the Preliminary Development Plan as approved and modified by the Council and contains the Council imposed conditions to the extent the conditions can be complied with by the Final Development Plan. j. will not be detrimental to properties surrounding the tract; k. will not result in an overly-intensive land use; 1. will not result in undue traffic congestion or traffic hazards; in. conforms to the provisions of this Section and other applicable provisions of this Code; and n. provides a proper relationship between the proposed improvements, existing structures, open space and natural features. A recommendation of approval by the Commission shall be deemed to include a favorable finding on each of the foregoing matters even if not specifically set out in the approval resolution or the minutes of the Commission meeting. Section 5. Subparagraph E(1) of Subd. 2 of Subsection 850.04 of the City Code is amended to read as follows: "1. Commission Review and Hearing. Within 45 days after receipt by the Planner of the petition, fee and all other required information, in form and substance acceptable to the Planner, the Planner will review the petition and the other information provided by the petitioner, and forward a report to the Commission. The Commission shall conduct a public hearing regarding the petition. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly Ordinance No. 2007-12 Page4 within 1,000 feet of the tract to which the petition relates insofar as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor or from other appropriate records. After reviewing the report of the Planner and hearing the oral or written views of all interested persons, the Commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the Council. No new notice need be given for hearings, which are continued by the Commission to a specified future date." Section 6. Paragraph D of Subd. 4 of Subsection 850.04 of the City Code is amended to read as follows: "D. Commission Review and Hearing. Within 45 days after receipt by the Planner of the application, fee and all other required information, in form and substance acceptable to the Planner, the Planner will review the application and the other information provided by the petitioner, and forward a report to the Commission. The Commission shall conduct a public hearing regarding the application. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 1,000 feet of the tract to which the petition relates insofar as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor or from other appropriate records. After reviewing the report of the Planner and hearing the oral or written views of all interested persons, the Commission shall make its decision at the same meeting or at a specified future date and send its recommendation to the Council. No new notice need be given for hearings, which are continued by the Commission to a specified future date." Section 7. This ordinance is in full force and effect upon passage and publication. First Reading: June 19, 2007 Second Reading Waived Published: June 28, 2007 r 1 I Attest Debra A. Mangn, C#y Clerk James B. Hovland, Mayor City of Edina sion to a specified future date:' Section 4. Subparagraph D(5)of Subd.2 of Subsection (Official Publication) 850.04 of the City Code is amended to read as follows: ORDINANCE NO.2007-12 AN ORDINANCE AMENDING SECTION 650 OFTHE "5. Overall Development Plan;Commission Review and CODE TO REQUIRE PUBLIC HEARINGS FOR Hearing. The Overall Development Plan shall be in form CERTAIN MATTERS BY THE PLANNING and substance acceptable to the Planner.Within 45 days after receipt by the Planner of the Overall Development COMMISSION Plan,the Planner shall forward a report to the Commis- THE CITY COUNCIL OF THE CITY OF EDINA OR- sion.The Commission shall conduct a public hearing re- DAINS: garding the Overall Development Plan.A notice of the date,time,place and purpose of the hearing shall be pub- newspapers Section 1. Subparagraph C(2)of Subd.2 of Subsection lished in the official newspaper of the City at least ten days 850.04 of the City Code is amended to read as follows: prior to the date of the hearing.A similar notice of hearing 2. Commission Review and Hearing.Within 45 days after shall be mailed at least ten days before the date of the AFFIDAVIT OF PUBLICATION receipt by the Planner of the petition,fee and all other re- hearing to each owner of property situated wholly or part- quired information,in form and substance acceptable to ly within 1,000 feet of the tract to which the petition relates STATE OF MINNESOTA ) the Planner,the Planner will review the petition,Prelimi- insofar as the names and addresses of such owners can nary Development Plan and the other information provid- reasonably be determined by the Clerk from records SS. ed by the petitioner,and forward a report to the Commis- maintained by the Assessor or from other appropriate COUNTY OF HENNEPIN ) sion.The Commission shall conduct a public hearing re- records.After reviewing the report of the Planner and garding the petition and Preliminary Development Plan.A hearing the oral or written views of all interested persons, Richard Hendrickson, beingdui sworn on notice of the date,time,place and purpose of the hearing the Commission shall make its decision same meet- an y shall be published in the official newspaper of the City at ing or at a specified future date and senndd its ts recommen- an oath,states or affirms that he is the Chief dation to the Council.No new notice need least ten days prior to the date of the hearing.A similar no- be given for Financial Officer of the newspaper known as tice of hearing shall be mailed at least ten days before the hearings, which are continued by the Commission to a date of the hearing to each owner of property situated specified future date.The Commission shall recommend Edina Sun-Current wholly or partly within 1,000 feet of the tract to which the approval by the Council upon finding that the proposed and has full knowledge of the facts stated petition relates insofar as the names and addresses of development: g such owners can reasonably be determined by the Clerk h. is consistent with the Comprehensive Plan; below: iis consistent with the Preliminary Development Plan from records maintained the Assessor or from other a - . as approved and modified by the Council and contains (A)The newspaper has complied with all of propriate records.After reviewing the report of the Plan- the Council imposed conditions to the extent the con- the requirements constituting quallflca- ner and hearing the oral or written views of all interested ditions can be complied with by the Final Development persons,the Commission shall make its decision at the Plan. tion as a qualified newspaper as provid- same meeting or at a specified future date and send its j will not be detrimental to properties surrounding the ed by Minn. Stat. §331A.02, §331A.07, recommendation to the Council.No new notice need be tract; given for hearings,which are continued by the Commis- and other applicable laws as amended. sion to a specified future date:' 1. will not result in undue traffic congestion or traffic haz- (B)The printed public notice that is attached Section 2. Subparagraph C(5)of Subd.2 of Subsection ards; was published in the newspaper once 850.04 of the City Code is amended to read as follows: m. conforms to the provisions of this Section and other each week, for one _ successive "5. Final Development Plan;Commission Review and applicable provisions of this Code;and p n. provides a proper relationship between the proposed week(s);it was first published on Thurs Hearing.The Final Development Plan shall be in form and improvements, existing structures, open space and P substance acceptable to the Planner.Within 45 days after natural features. day,the 28 day of June receipt by the Planner of the Final Development Plan,the A recommendation of approval by the Commission shall 2007, and was thereafter printed and Planner shall forward a report to the Commission.The be deemed to include a favorable finding on each of the Commission shall conduct a public hearing regarding the foregoing matters even if not specifically set out in the ap- published on every Thursday to and In- Final Development Plan.A notice of the date,time,place proval resolution or the minutes of the Commission meet- cluding Thursday, the day of and purpose of the hearing shall be published in the offi- ing. cial newspaper of the City at least ten days prior to the 2007;and printed date of the hearing.A similar notice of hearing shall be Section 5. Subparagraph E(1)of Subd.2 of Subsection below IS a Copy of the lower case alpha- mailed at least ten days before the date of the hearing to 850.04 of the City Code is amended to read as follows: each owner of property situated wholly or partly within "1. Commission Review and Hearing.Within 45 days after bet from A to Z, both inclusive, Which IS 1,000 feet of the tract to which the petition relates insofar receipt by the Planner of the petition,fee and all other re- hereby bein thize as the names and addresses of such owners can reason- as ge sably be determined by the Clerk from records maintained quired information,in form and substance acceptable to and kind of type used in the composition by the Assessor or from other appropriate records.After the Planner,the Planner will review the petition and the reviewing the report of the Planner and hearing the oral or other information provided by the petitioner,and forward and publication of the notice: g p g a report to the Commission.The Commission shall con- written views of all interested persons,the Commission duct a public hearing regarding the petition.A notice of the abcdefghijklmnopgrstuvwxyz shall make its decision at the same meeting or at a spec- date,time,place and purpose of the hearing shall be pub- Coufuture date and send its recommendation to the lished in the official newspaper of the City at least ten days Council.No new notice need be given for hearings,which prior to the date of the hearing.A similar notice of hearing are continued the Commission to a specified future shall be mailed at least ten days before the date of the date.The Commission shall recommend approval by the hearing to each owner of property situated wholly or part- Council upon finding that the proposed development: ly within 1,000 feet of the tract to which the petition relates a. is consistent with the Comprehensive Plan; insofar as the names and addresses of such owners can b. is consistent with the Preliminary Development Plan BY; reasonably be determined by the Clerk from records as approved and modified by the Council and contains maintained by the Assessor or from other appropriate the Council imposed conditions to the extent the con- CFO ditions can be complied with by the Final Development records. After reviewing the report of the Planner and Plan. hearing the oral or written views of all interested persons, c. will not be detrimental to properties surrounding the the Commission shall make its decision at the same meet- tract; ing or at a specified future date and send its recommen- Subscribed and sworn to or affirmed d. will not result in an overlyintensive land use; dation to the Council.No new notice need be given for e. will not result in undue traffic congestion or traffic haz- hearings, which are continued by the Commission to a before me on this 28 day of ards; specified future date:' June 2007. f. conforms to the provisions of this Section and other Section 6. Paragraph D of Subd.4 of Subsection 850.04 applicable provisions of this Code;and of the City Code is amended to read as follows: g. provides a proper relationship between the proposed mprid ement , existing structures, open space and "D. Commission Review and Hearing.Within 45 days natural features. after receipt by the Planner of the application,fee and all A recommendation of approval by the Commission shall other required information,in form and substance accept- be deemed to include a favorable finding on each of the able to the Planner,the Planner will review the application Notary Public foregoing matters even if not specifically set out in the ap- and the other information provided by the petitioner,and proval resolution or the minutes of the Commission meet- forward a report to the Commission.The Commission ing. shall conduct a public hearing regarding the application. A notice of the date,time,place and purpose of the hear- MARY ANN CARLSON Section 3. Subparagraph D(2)of Subd.2 of Subsection ing shall be published in the official newspaper of the City NOTARY PUBLIC—MINNESOTA 850.04 of the City Code is amended to read as follows: at least ten days prior to the date of the hearing.A similar MY COMMISSION EXPIRES 1-01.09 "2. Commission Review and Hearing.Within 45 days after notice of hearing shall be mailed at least ten days before receipt by the Planner of the petition,fee and all other re- the date of the hearing to each owner of property situat- quired information,in form and substance acceptable to ed wholly or partly within 1,000 feet of the tract to which the Planner,the Planner will review the petition,Prelimi- the petition relates insofar as the names and addresses nary Development Plan and the other information provid- ed by the petitioner,and forward a report to the Commis- Clerk from records maintained by the Assessor or from sion.The Commission shall conduct a public hearing re- other appropriate records.After reviewing the report of the RATE INFORMATION garding the petition and Preliminary Development Plan.A Planner and hearing the oral or written views of all inter- notice of the date,time,place and purpose of the hearing ested persons,the Commission shall make its decision at (1) Lowest classified rate paid by shall be published in the official newspaper of the City at the same meeting or at a specified future date and send per line least ten days prior to the date of the hearing.A similar no- its recommendation to the Council. tnew notice need commercial users $ 2.85 P be given for hearings,which are continued by the Com- for comparable space lice of hearing shall be mailed at least ten days before the mission to a specified future date:' P P date of the hearing to each owner of property situated (2) Maximum rate allowed by law wholly or partly within 1,000 feet of the tract to which the Section 7. This ordinance is in full force and effect upon $ 6.20 er line petition relates insofar as the names and addresses of passage and publication. P such owners can reasonably be determined by the Clerk (3 Rate actually charged from records maintained by the Assessor or from other ap- First Reading: June 19,2007 ) yar g propriate records.After reviewing the report of the Plan- Second Reading Waived $ 1.30 per line ner and hearing the oral or written views of all interested Published: June 28,2007 persons,the Commission shall make its decision at the Attest same meeting or at a specified future date and send its Debra A.Mangen,City Clerk James B.Hovland,Mayor recommendation to the Council.No new notice need be given for hearings,which are continued by the Commis- (June 28,2007)d1-Ord 2007-12 PC hrgs