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Ordinance 104• ORDINANCE NO. 104 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE RELATING TO OFFICIAL MAPS AND THEIR EFFECT AND PROVIDING PROCEDURES IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 15 of the Chanhassen City Code is amended by adding Article III to read as follows: 15-20 Purpose. Land that is needed for future street purposes and as sites for other necessary public facilities and services is frequently diverted to non-public uses which could have been located on other lands without hardship or inconvenience to the 'owners. When this happens, public uses of land may be denied or may be obtained only at prohibitive cost or at the expense of dislocating the owners and occupants of the land. Identification on an official map of land needed for future public uses permits both the public and private property owners to adjust their • building plans equitably and conveniently before investments are made which will make such adjustments difficult to accomplish. It is the purpose of this ordinance to provide a uniform procedure for the proper use of official maps as authorized by the Minnesota Municipal Planning Act, Minnesota Statutes, Sections 462.351 to 462.36. 15-21 Official Map Defined. "Official map" as used in this ordinance means a map adopted in accordance with this ordinance showing existing streets, proposed future streets, and the area needed for widening of existing streets of the City. An official map may also show the location of existing and future land and facilities within the City. An official map may cover the entire City or any portion of the City. 15-22 Initiation of Proceedings. Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be initiated by (1) a recommendation of the Planning Commission; or (2) action by the City Council on its own initiative, recommendation of an advisory commission, or request of an outside governmental body. 15-23 Sketch Maps and Reports. Every proposal or request for an official map or its amendment or repeal, however initiated, shall be accompanied by a sketch map or plat showing the lands proposed to be included and the public purpose to be served. 15-24 Reference to Planning Commission. Except when proceedings have been initiated by recommendation of the Planning Commission, r05/09/89 • every proposed official map or change in a map shall be referred to the Planning Commission for advice and recommendation thereon, and such recommendation shall be submitted to the City Council within forty-five (45) days after reference to the Planning Commission along with the report of the Commission on the effect of the proposal on the comprehensive plan of the City. If no recommendation is received by the Council from the Planning Commission within forty-five (45) days after reference of the proposal to the Commission by the Council, the Council may take such action as it may deem proper upon the proposal without further action by the Planning Commission. 15-25 Notice and Hearing. A. Notice. Upon receiving the recommendation of the Planning Commission or after forty-five (45) days from the submission of the proposal to the Planning Commission without a recommendation from the Commission, the Council may call a public hearing on the proposal. A notice of the time, place, and purpose of the hearing and a description of property to be included in the mapped streets and public grounds shall be published in the official newspaper at least ten (10) days prior to the date of the hearing. At least ten (10) days prior to the hearing the Clerk shall also mail a copy of the notice to each owner of land situated within or abutting any street or other public ground • shown on the official map. For purposes of this notice the owners shall be determined by the records of the County Auditor and the notice shall be addressed to the last known address as shown by the Auditor's records. Failure to serve any such notice shall not invalidate the proceedings. B. Hearing. At the time and place specified in the notice, the Council shall hear evidence and arguments concerning the proposal. The hearing may be continued from time to time without further notice. The Council may direct the Planning Commission to conduct a hearing and following the hearing to report its recommendation to the Council. 15-26 Preparation and Filing of Maps. The official map or maps shall be prepared in sufficient detail to permit the establishment of future acquisition lines on the ground. In unplatted areas a minimum of a centerline survey shall be made prior to the preparation of the final draft of the official map. After enactment of any ordinance adopting an official map or amending or repealing a previous official map ordinance, a certified copy of the official map or section to which the ordinance relates together with an attached copy of the ordinance shall be filed with the County Recorder. 15-27 Effect. After an official map has been adopted and filed, the issuance of building permits by the City shall be subject to . the provisions of this ordinance. The City shall deny every application for a permit to construct a new building or structure or expand an existing building or structure within any area -2- • designated on the official map for street or other public purposes. Whenever any street or highway is widened or improved or any new street is opened, or any interest in lands for other public purposes is acquired by the City, the City is not required in such proceedings to pay for any building or structure placed without a permit or in violation of conditions of a 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. The adoption of an official map does not give the City any right, title, or interest in areas identified for public purposes thereon, but the adoption of the map does authorize the City to acquire such interest without paying compensation for buildings or structures erected in such areas without a permit or in violation of the conditions of a permit. 0 15-28 Appeals. Whenever a building permit is denied pursuant to this ordinance, the Board of Appeals and Adjustments shall, upon appeal filed with it by the owner of the land, grant a permit for building in an area designated on the official map for a street or other public purpose in any.case in which the Board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which the area designated for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted, or (b) that balancing the interest of the City in preserving the integrity of the official map and of the comprehensive City plan and the interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. The Board of Appeals and Adjustments shall hold a public hearing upon the appeal after notice of the hearing has been published in the official newspaper once at least ten (10) days before the hearing. If the Board authorizes issuance of a permit, it shall specify the exact location, ground area, height, and other details as to the extent and character of the building for which the permit is granted. If the Board authorizes issuance of a permit, the Council or other Board or Commission having jurisdiction shall have six (5) months from the date of the decision of the Board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the City shall issue the permit if the application otherwise conforms to local ordinances. 15-29 Publication and Filing. The City Clerk is hereby authorized and directed to publish this ordinance in accordance with law and to file a certified copy of this ordinance in the office of the Carver County Recorder. Section 2. This ordinance shall become effective immediately upon its passage and publication. -3- 0 ADOPTED by the City Council of the City of Chanhassen this 22nd day of May , 1989. C] r CITY OF CHANHASSEN BY: (� Donald J. i 1, Mayor ATTEST: Don Ashworth, ager/Clerk (Published in the Chanhassen Villager on June 8, 1989) -4- avit of Publication suburban Publishing Inc. oath says that lie is the publisher of the newspaper known as the Carver Ige of the facts herein stated as follows: ith the requirements constituting qualification as a legal newspaper, as k.02, 331A.07, and other applicable laws, as amended. ttached to this Affidavit and identified as No./ 3 , was published nperstated in the attached Notice and said Notice is hereby incorporated was cut from the columns of the newspaper specified. Printed below is im A to Z, both inclusive, and is hereby acknowledged as being the kind tion and publication of the Notice: abcdefghijklmnopgrstuvw z 13y: Rolfsrud, General Manager ne on 9r,,�,•,qo�►�+ *04 OP, . ,� `.... NOTARY SCOTT GONi ; r MN CMA Iss "tiblic RATE INFORMATION ,mercial users for comparable space .............. $7.13 per column inch 4.ie above matter .............................................. $7.13 per column inch -a matter.......................................................... $5.30 per column inch ten (10) days prior to the date of the hearing. At 'least ten (10) days prior tc the hearing the Clerk shall also mail a copy of the notice to each owner of land situated within or abutting .any strut or other public ground shown on the offi- cial map. For purposes of this notice the owners shall be determined by the .rec, ords of the County Auditor and the notice shall be addressed to the last known address as shown by the Auditor's recr ORDINANCE NO`. 104 orris. Failure to serve any such notice CITY OF CHANHASSEN. shall not invalidate the proceedings. , CARVER AND HENNEPIN B. Hearing. At the time and place COUNTIES, MINNESOTA specified in the notice, the Council shall AN ORDINANCE AMENDING hear evidence and arguments concerning CHAPTER 15 OF THE CITY CODE the proposal. The hearing may be con - RELATING TO OFFICIAL MAPS tinued from time to time without "further AND THEIR EFFECT AND notice. The Council may direct the Plan - PROVIDING PROCEDURES IN ning Commission to conduct a hearing CONNECTION THEREWITH and following the hearing to report its THE CITY COUNCIL OF THE CITY recommendation to the Council. OF CHANHASSEN ORDAINS: 15-26 Preparation and Fling of Maps, Section 1. Clea r '15 `c f,i Chem, The of ciai.; ` -;4r �a - kali ..be pre,4 hassen City Code h. • '- ;u 't the Artide III to read :4 lines. 15-20 Purpo W d tliiat `i t +bde+d' ai�n> n f on the grotirtil: lit unplat;o.d areas 9 for future street purposes and as sites for minimum of a centerline survey shall bee other necessary public facilities and gerv- made prior to the preparation of the final ices is frequently diverted to non-public draft of the official map. After enact - uses which could have been looted on ment of any ordinance adopting an offs -- other lands without hardship or incon- tial. map or amending, or repealing a venience to ;he owners. When this hap- previous official map ordinance, a certi- pens, public tiies of land may be denied fied copy of the official map or section to or may be obtained only at prohibitive which the ordinance relates together with cost or at the expense of dislocating the dislocating an attached copy of the ordinance shall owners and occupants pants of the land. n- be filed with the County Recorder. tification on an official map , of land 15-27 Effect After an official map needed for future public uses permits has been adopted and filed, the issuance both the public andp' ivatepropertyowners of building permits by the City, shall be to adjust their building plans equitably subject to the provisions of this ordi-, and conveniently before investments are nance. The"City shall deny every appli-el made which will make such adjustments cation for -a permit to construct a new difficult to accomplish. It is the purpose building orstructure or expand an exist -- of this ordinance to provide a uniform ing building or structure within any area, procedure for the proper use of official designated on the official map for street maps as authorized by the Minnesota or tither public purposes. Whenever any Municipal Planning `Act, Minnesota street or highway is widened or improved Statutes, Sections 462.351 Jo 462.36. or any new street.is opened, or any inter - 15 -21 Official Map Defined. "Offi- est in lands for other public purposes is cial map" as used in this ordinance means acquired by the City, the City is not a map adopted in accordance with this required in such proceedings or pay for ordinance showing existing streets, pro- any building or structure placed without posed future streets, and the area needed a permit or in violation, of conditions of for widening of existing streets of the a permit within the limits of the ma City. An official map may also show the stret or outside of any building line that location of existing and future land and may have been established upon the facilities within the City. An official existing street or within any area thus map may cover the entire City or any identified for public purposes. The portion of the City. adoption of an official map does not give 15-22 Initiation of Proceedings. the City any right, title, or interest in Proceedings for adoption, amendment, areas identified for public purposes or repeal of an official map or any part thereon, but the adoption of the map does thereof may, be .initiated by (1) a recom- authorize, the. City to acquire suis inter- mendation, of the Planning Commission; est without paying compo ilon for or (2) action by the City Council on its -'buildings or structures erected Ab, such ' own initiative, recommendation of an areas without a permit or in vi*tion of advisory commission, or request of an the conditions of a permit. outside governmental body. 15-2S Appeals. Whenever a build-' 15-23 Sketch Maps and Reports. Every ing. permit is denied pursuant to this proposal or request for an official map or ordinance, the Board of Appeals and its amendment or repeal, however initi- Adjustments shall, upon appeal filed with ated, shall be accompanied by a• sketch it by the owner of the land, grant a permit map or plat showing the land!kproposed for building in an, area, designated on the to be included and "the public purpose to official map for a street or otherpublic be served'.- }, piu�po�e in any case in which the Board 15-24 Reference to Plant4ag Coni,- finds,. upon the evidence and the argu- mission. Except when proceedings have ntentspresented .tot �it, (�: that the entire been initiated by recommendation of —1 + " Planning Commission, every area ' d f avit of Publication suburban Publishing Inc. oath says that lie is the publisher of the newspaper known as the Carver Ige of the facts herein stated as follows: ith the requirements constituting qualification as a legal newspaper, as k.02, 331A.07, and other applicable laws, as amended. ttached to this Affidavit and identified as No./ 3 , was published nperstated in the attached Notice and said Notice is hereby incorporated was cut from the columns of the newspaper specified. Printed below is im A to Z, both inclusive, and is hereby acknowledged as being the kind tion and publication of the Notice: abcdefghijklmnopgrstuvw z 13y: Rolfsrud, General Manager ne on 9r,,�,•,qo�►�+ *04 OP, . ,� `.... NOTARY SCOTT GONi ; r MN CMA Iss "tiblic RATE INFORMATION ,mercial users for comparable space .............. $7.13 per column inch 4.ie above matter .............................................. $7.13 per column inch -a matter.......................................................... $5.30 per column inch official map or change in a map snau be referred to the Planning Commission for advice and recommendation thereon, and such recommendation shall be submit- ted to the City Council within forty-five (45) days after reference to the Planning Commission along with the report of the Commission on the effect of the; proposal on the comprehensive plan. of the City. ' If no recommendation is received by the' Council from the Planning Commission within forty-five (45) days after the ref- erence of the proposal to the Commis- sion by the Council, the Council may take such action. as at may deem proper upon the proposal without .further action by the Planning Commission. 15-25 Notice and Hearing. A. Notice. Upon receiving the rec- ommendation of the Planning Commis- sion or after ffxty-five (.45). -days from the Submission. -of -the proposal to -the Plan- ning Commission without a recommen- dation from the Commission, the Coun- cil may call a public hearing on the proposal. A notice of the time, place, and purpose of the hearing and,a description of property to be included in the mapped streets and public grounds, shall be pub- lished in the official newspaper at least a part cannot yield a reasonable return to the owner unless such a permit is granted, or (b) that balancing the interest of the City in preserving the integrity of the official map and of the comprehensive City plan and the .interest of the property owner in the use of his property and in the benefits of ownership, the grant of such permit -is required by considerations of justice and equity. The Board of Appeals and Adjustments shall hold a public hearing upon the appeal after notice of the hear- ing has been published in the official newspaper once at least ten (10) days before the hearing. If the Board author- ities issuance of a permit, it shall specify the exact location, ground. area, height, and other details as to the extent and character of the building for which the permit is granted. .If :the Board author- izes issuance .of a permit, the Council or other Board or -Commission ..having ju- risdiction shall have six (6) months from the date of the decision of the Board to institute proceedings to acquire such land or interest therein, and if no such pro- ceedings are started within that time, the City shall .iW . it if the applica-4 70 ti�u... 1S �� ,The Cir±`+. rectos to ���� �iuovr- dance witaw and -to tile- s. Cited Carver' Connty_lrder. Section 2. Thisordinanee shall become effective immediately upon its passage arid publication. ADOPTED by the City :Council of the City of Chanhassen this 22nd day of May, 1989. CITY OF CHANHASSEN BY: Donald J. Chmi"l, Mayor ATTEST: Don Ashworth, Manag4r/Clerk (Published in the Chanhassen Villager Thursday Jung $8, 190, No. 1.731 f /