Loading...
1i. Adoption of Official Mapping Ordinance 7 1 _, i „t, s C 1 TY OF ________ I „.- :_. . ,, C HANBASSEN 1 .,L, '* 690 COULTER DRIVE • BOX 147 • CHANHASSEN, MINNESOTA.55317 (612) 937-1900 -,''1"�1 "/ Lity Admrmsrtnr I P.O.z 1x. MEMORANDUM No°i - ` ITO Don Ashworth, City Manager ____ 22_r_?_ 3 t S:,m,.-:d to ; rtL;;Ca I FROM: Gary Warren, City Engineer Date Sunrnittcd to c;uitxteit DATE: May 17 , 1989 5-ZZ-S 1 SUBJ: Adoption of Official Mapping Ordinance-Final Reading File No. PW210 1 At the May 8 , 1989 City Council meeting, the first reading of the proposed official mapping ordinance was reviewed by Council. One I change was requested by the Council to Section 15-25A, Notice and Hearing, to change the word "may" to "shall" in the third sen- tence. This change has been made and is reflected in the attached ordinance dated May 9, 1989 . IIt is therefore recommended that the attached amendment to Chapter 15 of the City Code relating to official maps be approved 1 by the City Council and incorporated into the Code. IAttachments 1 . Revised Official Mapping Ordinance dated May 9 , 1989 . 2 . Staff report dated May 3 , 1989 . Ic: Fred Hoisington, Hoisington Group, Inc. I I I I I I ORDINANCE NO. 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 ' MI 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. 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 (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 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- ORDINANCE NO. 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, r04/17/89 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 jiwili7 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. 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 (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 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- ADOPTED by the City Council of the City of Chanhassen this day of , 1989. CITY OF CHANHASSEN BY: Donald J. Chmiel, Mayor ATTEST: Don Ashworth, Manager/Clerk -4- ADOPTED by the City Council of the City of Chanhassen this day of , 1989 . CITY OF CHANHASSEN BY: Donald J. Chmiel, Mayor ATTEST: Don Ashworth, Manager/Clerk -4- 1 , CIiYOF _J G__P. ssEN e4. ,. ti' ‘ - i..L.. 1 EA C , ,. t4..., 1 :. ,_. ;t4'. \ `°'' ' 690 COULTER DRIVE • P O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM ,. .!_____.__.____..._ TO Don Ashworth, City Manager �� L ,, --2' 4_ 'I_ FROM: Gary Warren, City Engineer& _ L'at° ,,,., _. :J „L j;,Cli DATE: May 3 , 1989 5. ?-15 1 SUBJ: Adoption of Official Mapping Ordinance-First Reading File No. PW210 Official maps are authorized by the Minnesota Municipal Planning Act, Minnesota Statutes , Sections 462. 351 through 462. 36. The primary purpose of the official map is to allow the City to pro- tect specific transportation corridors for future use, thus hope- fully avoiding prohibitive acquisition costs for these corridors in the future when needed and also allowing individual property owners to conduct land transactions without being hampered by the City ' s inability to map a specific corridor for preservation. The specific case in point is the recent Trunk Highway 101 realignment between proposed Trunk Highway 212 and Trunk Highway 5 which the Council indicated its preference for at the April 24 , 1989 City Council meeting. Likewise, the City in the near future should be receiving an updated Trunk Highway 212 layout for adop- tion of an official map. Since City ordinances do not currently address this process, the City Attorney has prepared the attached ordinance amending Chapter 15 of the City Code relating to offi- cial maps . City Council protocol suggests two readings of new ordinances . In instances where time is of the essence, the second reading can be waived at the Council ' s discretion. It is therefore recommended that the attached amendment to Chapter 15 of the City Code relating to official maps be appro by the City Council and scheduled for a second reading on May , 1989 . -ZL Attachment: Official Mapping Ordinance. cc: Fred Hoisingon, Hoisington Group, Inc .