HomeMy WebLinkAbout2011-03 Amending Section 850 ORDINANCE NO. 2011-03
AN ORDINANCE AMENDING THE ZONING ORDINANCE CONCERNING
NOTIFICATION REQUIREMENTS FOR CONDITIONAL USE PERMITS
The City Of Edina Ordains:
Section 1.Subsection 850.04. Subd. 5.1)and E is amended to read:
Subd. 5 Conditional Use Permits.
D. Commission Review and Hearing. 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 (10) days prior to the
date of the hearing. A similar notice of hearing shall be mailed at least ten (10) days
before the date of the hearing to each owner of property situated wholly or partly within
one thousand (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. Notification distance
shall be three hundred and fifty (350) feet for Conditional Use Permits required under
Section 850.11. Subd. 2.I. and Section 850.12. Subd. 3.A. 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
that are continued by the Commission to a specified future date.
E. City Council Hearing and Decision. Upon request of the Planner, Manager or
applicant, and after review and recommendation by the Commission, the Council 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 (10) days prior to the date of the hearing. A similar notice of hearing shall be
mailed at least ten (10) days before the date of the hearing to each owner of property
situated wholly or partly within one thousand (1,000) feet of the tract to which the
application relates insofar as the names and addresses of such owners can reasonably be
determined by the Clerk from records maintained by the Assessor. Notification distance
shall be three hundred and fifty (350) feet for Conditional Use Permits required under
Section 850.11. Subd. 2.I. and Section 850.12. Subd. 3.A.After hearing the oral and
written views of all interested persons, the Council shall make its decision at the same
meeting or at a specified future date. No new notice need be given for hearings that are
continued to a specified future date. The Council shall not grant a conditional use
permit unless it finds that the establishment, maintenance and operation of the use:
1. Does not have an undue adverse impact on governmental facilities, utilities, services
or existing or proposed improvements;
2. Will generate traffic within the capacity of the streets serving the property;
3. Does not have an undue adverse impact on the public health, safety or welfare;
4. Will not impede the normal and orderly development and improvement of other
property in the vicinity;
5. Conforms to the applicable restrictions and special conditions of the district in which
it is located as imposed by this Section; and
6. Is consistent with the Comprehensive Plan.
Approval of a conditional use permit requires a three-fifths favorable vote of all members of
the Council. A favorable vote by the Council 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 Council meeting.
Section 2. This ordinance is effective immediately upon its passage and publication.
First Reading: March 15, 2011
Second Reading: Waived
Published: April 15, 2011
Attest
Debra A. Mangen, ity C k James . Hovland, Mayor
PLEASE PUBLISH IN THE EDINA SUN CURRENT,THURSDAY, APRIL 15, 2011
SEND TWO AFFIDAVITS OF PUBLICATION
BILL TO EDINA CITY CLERK
2
City of Edina foregoing matters even if not specifically
set out in the approval resolution or the
(Official Publication) minutes of the Council meeting.
ORDINANCE NO.2011-03 Section 2. This ordinance is effective
AN ORDINANCE AMENDING THE immediately upon its passage and publi-
'� ZONING ORDINANCE CONCERNING cation.
NOTIFICATION REQUIREMENTS FOR Attest
CONDITIONAL USE PERMITS
newspapers The City Of Edina Ordains: Debra A.Mangen,City Clerk
Section 1.Subsection 850.04.Subd.5.1) James B.Hovland,Mayor
AFFIDAVIT OF PUBLICATION and E is amended to read: (Apr 14,2011)of CUP Notification
Subd.5 Conditional Use Permits.
STATE OF MINNESOTA ) D,Commission Review and Hearing.The
)SS. Commission shall conduct a public hear-
COUNTY OFHENNEPIN ) ing regarding the application.A notice of
the date,time,place and purpose of the
Richard Hendrickson, beingdui Sworn on hearing shall be published in the official
y newspaper of the City at least ten (10)
an oath,states or affirms that he is the Chief days prior to the date of the hearing.A
Financial Officer of the newspaper(s)known similar ten( of hearing shall be marled
at least ten(10)days before The date of
as the hearing to each owner of property sit-
Edina Sun-Current uated wholly or partly within one thou-
sand(1,000)feet of the tract to which the
petition relates insofar as the names and
addresses of such owners can reason-
ably be determined by the Clerk from
and has full knowledge of the facts stated records maintained by the Assessor or
belOW: from other appropriate records.Notifica-
tion distance shall be three hundred and
(A)The newspaper has complied with all of fifty(350)feet for Conditional Use Per-
the requirements constituting qualifica- 'its required under Section 850.11.
Subd.2.1.and Section 850.12.Subd.3.A.
tion as a qualified newspaper as provid- After reviewing the report of the Planner
ed by Minn. Stat. §331A.02, §331 A.07, and hearing the oral or written views of all
interested persons, the Commission
and other applicable laws as amended. shall make its decision at the same meet-
(B)The printed public notice that is attached ing or at a specified future date and send
its recommendation to the Council. No
was published in said newspaper(s) new notice need be given for hearings
once each week,for one successive that are continued by the Commission to
week(s);it was first published on Thurs- a specified future date.
da the 14 da of April E. City Council Hearing and Decision.
y y Upon request of the Planner,Manager or
2011, and was thereafter printed and applicant,and after review and recom-
published on every Thursday to and in mendation by the Commission, the
Council shall conduct a public hearing se-
cluding Thursday, the ___ day of garding the application.A notice of the
2011;and printed date, time, place and purpose of the
hearing shall be published in the official
below is a copy of the lower case alpha- newspaper of the City at least ten(10)
bet from A to Z, both Inclusive, which Is days prior to the date of the hearing.A
similar notice of hearing shall be mailed
hereby acknowledged as being the size at least ten(10)days before the date of
and kind of type used in the composition the hearing to each owner of property sit-
uated wholly or partly within one thou-
and publication of the notice: sand(1,000)feet of the tract to which the
application relates insofar as the names
abcdef hi'klmnopgrstuvwxyz and addresses of such owners can rea-
sonably be determined by the Clerk from
records maintained by the Assessor.No-
tification distance shall be three hundred
and fifty(350) feet for Conditional Use
Permits required under Section 850.11.
Subd.2.1.and Section 850.12. Subd.
BY: 7� �---8-A After hearing the oral and written
-- views of all interested persons,the Coun-
FO cil shall make its decision at the same
meeting or at a specified future date.No
new notice need be given for hearings
that are continued to a specified future
Subscribed and sworn to or affirmed date.The Council shall not grant a condi-
tional use permit unless it finds that the
before me on this 14 day of establishment,maintenance and opera-
April 2011, tion of the use:
1.Does not have an undue adverse im-
pact on governmental facilities, utilities,
services or existing or proposed im-
provements;
2.Will generate traffic within the capacity
Notary Public of the streets serving the property;
3.Does not have an undue adverse im-
pact on the public health,safety or wel-
fare;
DIANE L ELIASf?N
� 4.Will not impede the normal and order-
t�OrARY 11(JW_tC nlINN[,SOIA ly development and improvement of
3 ' r.iy Comm. [xi>��c,.J:��� ai �nie other property in the vicinity;
5.Conforms to the applicable restrictions
and special conditions of the district in
which it is located as imposed by this
Section;and
6.Is consistent with the Comprehensive
Plan.
Approval of a conditional use permit re-
quires a three-fifths favorable vote of all
members of the Council.A favorable vote
by the Council shall be deemed to in-
clude a favorable finding on each of the