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Ordinance 028• NHASSEN CARVER ANDLAGE HENNEPINHCOUNTIES, MINNESOTA��, ORDINANCE NO. 28 AN ORDINANCE ESTABLISHING A PLANNING COMMISSION TO PLAN FOR THE • PHYSICAL DEVELOPMENT OF THE VILLAGE AND TO RECOMMEND A ZONING PLAN. The Village Council of Chanhassen Ordains: Section 1. Establishment of Commission. A Village Planning Commission for the Village of Chanhassen is hereby established. The Commission shall be the Village Planning agency and shall be advisory to the Village Council. As used in this Ordinance the term "Commission" shall mean the Planning Commission and "Council" shall mean the Village Council of Chanhassen. Section 2. Commission Composition, Terms and Vacancies. (1) Composition. The Commission shall consist of seven voting members. Seven members shall be appointed by the Council and may be removed by a four -fifth vote of the Council. One Commission member may be chosen by the Council from among its own members. (2) Terms and Vacancies. As of the effective date of this Ordinance the Council shall appoint seven members of the Commission for a term ending January 1, 1969. Thereafter the Council shall appoint two members to serve for a term of one year, two for a term of two years and three for a term of three years. Their successors shall be for terms of three years. Both • original and successive appointees shall hold their offices until their successors are appointed and qualified. Vacancies during the term shall be filled • by the Council for the unexpired portion of the term. Every appointed member shall before entering Section 3. Organization and Meetings. (1) The Commission shall elect a Chairman from among its appointed members for a term of one year; and the Commission may create and fill such other offices as it may determine. The Village Clerk -Administrator or his designated assistant shall act as secretary of the Commission, but he shall not be a member. (2) The Commission shall hold at least one regular meeting • each month. It shall adopt rules for the transaction • of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. On or before January first of each year the Commission shall submit to the Council a report of its work during the preceding year. On or before August first the Commission shall submit to the Council a Budget for proposed planning expenditures during the next fiscal year. Expenditures of the Commission shall be within amounts appropriated for the purpose by the Council. • -2- upon the discharge of his duties take an oath that • he will faithfully discharge the duties of his office. All members shall serve without compensation. Section 3. Organization and Meetings. (1) The Commission shall elect a Chairman from among its appointed members for a term of one year; and the Commission may create and fill such other offices as it may determine. The Village Clerk -Administrator or his designated assistant shall act as secretary of the Commission, but he shall not be a member. (2) The Commission shall hold at least one regular meeting • each month. It shall adopt rules for the transaction • of business and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. On or before January first of each year the Commission shall submit to the Council a report of its work during the preceding year. On or before August first the Commission shall submit to the Council a Budget for proposed planning expenditures during the next fiscal year. Expenditures of the Commission shall be within amounts appropriated for the purpose by the Council. • -2- 0 Section 4. Program of Work. The Commission shall prepare a program of work, outlining activities it proposes to undertake. The program may include: a. An outline of data and information to serve as a basis for a comprehensive village plan and other plans; • b. An outline of subjects to be covered by such plans; and c. An outline of types of procedures necessary to make the plans effective. The Commission may, by resolution, revise its program of work from time to time. Section 5. Definitions. (1) For the purposes of this Ordinance the terms defined in this section shall have the meanings given them. (2) "Comprehensive Village Plan" means a compilation of 0 policy statements, goals, standards, and maps for is guiding the physical, social and economic development, both private and public, of the Village and its environs and may include, but is not limited to, the following: statements of policies, goals, standards, a land use plan, a community facilities plan, a transportation plan, capital improvement program, and recommendations for plan execution. A comprehensive plan represents the Commission's recommendations for the future development of the community. (3) "Land Use Plan" means a compilation of policy statements, goals, standards, and maps, and action programs for guiding the future development of private and public property. -3- teoincludes a plan designa4ag typ f uses for the entire Village as well as a specialized plan • showing specific areas or specific types of land uses, such as residential, commercial, industrial, public or semi-public uses or any combination of such uses. is (4) "Transportation Plan" means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the various modes of transportation of the Village and its environs such as streets and highways, mass transit, railroads, air transportation, trucking and water transportation, and includes a major thoroughfare plan. (5) "Community Facilities Plan" means a compilation of policy statements, goals, standards, maps and action programs for guiding the future development of the public or semi-public facilities of the Village such as recreational, educational and cultural facilities. (6) "Capital Improvement Program" means an itemized program setting forth the schedule and details of specific contemplated public improvements by fiscal year, together with their estimated cost, the justification for each improvement, the impact that such improvements will have on the current operating expense of the Village, and such other information on capital improvements as may be pertinent. • (7) "Official Map" means a map adopted in accordance with Section 11 hereof, showing existing streets, proposed ifuture streets and the area needed for widening of existing streets of the Village. An official map -4- alsshow the location of exiling a ture public land and facilities within the Village. Section 6. Preparation of Comprehensive Village Plan. It shall be the function and duty of the Commission to prepare and adopt a comprehensive village plan for the physical, economic and • social development of the Village, including, but not limited to, proposed public buildings, street arrangements and improvements, public utility services, parks, playgrounds, and other similar developments, the use of property, the density of population, and other matters relating-to the development of the Village. The comprehensive plan may also include a land use plan, capital improvement programs, a community facilities plan, a transportation plan, and recommendations for plan execution. The plan may be prepared in sections, each of which shall relate to a major subject of the plan or to a major geographical section of the Village as • outlined in the Commission's program of work. Section 7. Procedure for Adoption of Plan. Before adopting the comprehensive village plan or section thereof or amendment thereto, the Commission shall hold at least one public hearing thereon. The notice of the time, place and purpose of the hearing shall be given by publication in the official newspaper of the Village at least ten days prior to the date of the hearing. The proposed comprehensive village plan or section thereof or amendment thereto shall be transmitted to the Council not less than seven days prior to the publication of the notice of the hearing. Adoption of any such Commission proposal shall be by a majority • vote of all members of the Commission and a copy of the adopted measure shall be certified by the Commission to the Council. The Commission may from time to time amend or add to the comprehensive village plan or section thereof as herein provided for the adoption -5- of the ori plapiwhenever changed conditions or er studies by the Commission indicate that such amendment or addition is . necessary. Section 8. Adoption by the Council. By resolution of a majority of its members, the Council may adopt and amend the • comprehensive village plan or portion thereof so recommended as the official village plan after public hearing by the Council. Notice of such hearing shall be given by publication in the official newspaper of the Village at least ten days prior to the date of hearing. Until so adopted by the Council, the plan shall constitute only the recommendation of the Commission. Amendment of the comprehensive village plan or portion thereof shall be in accordance with Section 13 hereof. Section 9. Procedure for Plan Effectuation. Upon the adoption of the comprehensive village plan or any section thereof, the • Commission shall recommend to the Council reasonable and practical means for putting the same into effect. Such recommendation will serve as a guide to orderly physical, economic and social development of the Village and as a basis for efficient expenditure of funds relating thereto. Commission recommendations may cover zoning regulations, control of subdivision plats, maps, normal Village public improvements, capital expenditures and other matters necessary to attain the objectives hereof. Section 10. Zoning Ordinances. (1) After adoption of a Village land use plan, the Commission, for the purpose of carrying out the goals of the plan, • may and upon instructions of the Council shall prepare a revised zoning ordinance and submit it to the Council • with its recommendations for adoption. (2) No zoning ordinance or amendment thereto shall be adopted it a public hearing has been held they by the Council. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the Village 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 by the Village Clerk at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 200 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the Village Clerk 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 Village Clerk and 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. (3) Initiating Amendments to Zoning Ordinances. An amendment to a zoning ordinance may be initiated by the Council, the Commission, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the Commission shall be referred to it • for study and report and may not be acted upon by the Council until the Council has received the recommendation of the Commission or until 60 days have elapsed from the date the amendment was referred without a report by the Commission. -7- Sectiicial Map. facilities plan, • (1) After adoption of a major thoroughfare plan and a instructions by the Council shall prepare an official • map of the platted and unplatted portions of the Village and adjoining territory, or portions thereof, indicating upon such map the land that is needed for future street purposes and as sites for other necessary public facilities and services within the Village. (2) After such map has been prepared, it shall be submitted to the Council, which shall thereupon consider such map and may adopt it or any part of it with such amendments as it deems advisable. Before such adoption by the Council, a public hearing shall be held upon • the proposal at least ten days after a notice of the • time, place and purpose thereof has been published in the official Village newspaper. After such map has been adopted by the Council and filed with the Register of Deeds, whenever any street or highway is widened or improved or any new street is opened, or interests in land for other public purposes are acquired by the Village, it shall not be required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of the permit within the limits of the mapped street or outside of any • building line that may have been established upon the existing street or within any area thus identified for public purposes. Section 12. Plats. (1) Every proposed plat of land within the Village or M community facilities plan, the Commission with the assistance of the Village Engineer, may and upon instructions by the Council shall prepare an official • map of the platted and unplatted portions of the Village and adjoining territory, or portions thereof, indicating upon such map the land that is needed for future street purposes and as sites for other necessary public facilities and services within the Village. (2) After such map has been prepared, it shall be submitted to the Council, which shall thereupon consider such map and may adopt it or any part of it with such amendments as it deems advisable. Before such adoption by the Council, a public hearing shall be held upon • the proposal at least ten days after a notice of the • time, place and purpose thereof has been published in the official Village newspaper. After such map has been adopted by the Council and filed with the Register of Deeds, whenever any street or highway is widened or improved or any new street is opened, or interests in land for other public purposes are acquired by the Village, it shall not be required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of the permit within the limits of the mapped street or outside of any • building line that may have been established upon the existing street or within any area thus identified for public purposes. Section 12. Plats. (1) Every proposed plat of land within the Village or M hin 90 miles of the limits o0he Vi and not within a town which itself requires the approval of . plats, shall be submitted to the Council before being filed and no plat of land shall be filed unless and until the same shall first have been approved by the Council. • (2) Any owner or agent of the owner of land who violates this provision or who sells or conveys land or offers land for sale or contracts for the sale of land by reference to or by other use of any plat before such plat has been approved by the Council in accordance with the provisions of this section shall forfeit and pay to the municipality a penalty of $100.00 for each lot or parcel so conveyed. The Village may enjoin such conveyance or may recover such penalty by a civil action in any court of competent jurisdiction. i` (3) Before approving a plat, the Council shall submit the same to the Commission for its recommendations. The Commission, within 60 days after any such plat has been referred to it by the Council, shall act on the same and shall make its recommendations with respect thereto. Such recommendations may consist of: a. Recommendation that the Council approve such plat; or b. Recommendation that the Council disapprove such plat, in which case such recommendation shall include a statement of the specific reasons for such recommendation, or C. Recommendation that the Council approve such plat • after specified changes or revisions are made therein, which recommendations may include the condition that a revised plat, containing such • changes or revisions, be submitted to the Commission, in which case such revised plat shall be so submitted to the Commission for its further consideration and recommendations before action thereon by the Council. a Me 11 • (4) 00 to the approval of a plat, a publi 0ring shall be held thereon by the Council or Commission after notice of the time and place thereof has been published once in the official newspaper at least ten (10) days before the hearing. Section 13. Procedure for Amendments. No change shall be made in the comprehensive village plan or any portion thereof after such plan has been adopted by the Council, until the proposed change has been referred to the Commission for report thereon and an attested copy of such report has been filed with the Council. Failure of the Commission so to report within 45 days or such longer period as may be designated by the Council after such reference shall be deemed to be approval of the proposed change. Section 14. List of Recommended Public Works. (1) Each officer, department, board or commission of or in the Village whose functions include recommending preparing plans for, or constructing public works shall, at least three months before the end of each fiscal year, submit to the Commission a list of the proposed public works recommended by such officer, department, board or commission for planning, initiation, or constructing during the ensuing fiscal year. The Commission shall request from the local school district a similar list of its proposed public works. The Commission shall list and classify all such proposed public works and shall prepare a coordinated program • of proposed public works for the ensuing fiscal year. • Such program shall be recommended by the Commission to the Council and to such other officers, departments, boards, or public bodies as have jurisdiction over the -10- ommefing, planning or constr*ing o h public works. A copy of such recommended program of public works shall be included in the annual report of the Planning Commission provided for in Section 3. (2) Compliance with Plan. After a comprehensive village • plan or section thereof has been recommended by the Commission and a copy filed with the Council, no publicly owned interest in real property within the Village shall be acquired or disposed of, nor shall any capital improvement be authorized by the Village or special district or agency thereof or any other political subdivision having jurisdiction within the Village until after the Commission has reviewed the proposed acquisition, disposal, or capital improvement and reported in writing to the Council its findings • as to compliance of the proposed acquisition, disposal or improvement with the comprehensive village plan. Failure of the Commission to report on the proposal within 45 days after such a reference, or such other period as may be designated by the Council shall be deemed to have satisfied the requirements of this subdivision. The Council may, by resolution adopted by two-thirds vote dispense with the requirements of this subdivision when in its judgment it finds that the proposed acquisition or disposal of real property or capital improvement has no relationship to the comprehensive village plan. Section 15. Repeal of Conflicting Ordinances. All ordinances or portions thereof heretofore enacted by the Village of Chanhassen or the Township of Chanhassen conflicting or inconsistent with the provisions of this ordinance are hereby repealed. -11- Secti ,i. Ar-ective Date. This ordinari-ce bec effective • from and after its passage and publication. Passed by the Council this %; day of , 1968. i • MAYO ATTEST: ------------ CLERK-A INISTRATOR Published in on the day of 1968. 0