HomeMy WebLinkAboutOrd #210 - 3rd Ser/Amending Public Hearing Notification Distances ORDINANCE NO.�t n , THIRD SERIES
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE IV LAND USE
PERTAINING TO PUBLIC HEARING NOTIFICATION DISTANCES
THE CITY COUNCIL OF ORONO ORDAINS:
SECTION 1. Section 78-43(b) shall be amended to read as follows:
Sec. 78-43. -Adoption and amendment procedure.
(b) No zoning ordinance or amendment shall be adopted until a public hearing has been held by
the planning commission or by the council. A notice of the time, place and purpose of the
hearing shall be published in the official newspaper of the city not less than ten days prior to
the day of the hearing. When an amendment includes changes in district boundaries affecting
an area of five acres or less, a similar notice shall be mailed at least ten days prior to the day of
the hearing to each owner of affected property and property situated wholly or partly within
500�&feet of the property to which the amendment relates. For the purpose of giving mailed
notice, the person responsible for mailing the notice 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 responsible person 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 subsection has been made.
SECTION 2. Section 78-48 shall be amended by adding text to read as follows:
Sec 78-48. Public Hearing.
When required by this ordinance, a public hearin� shall be held.
(a) A notice of the time, place and purpose of the hearing shall be mailed at least ten
davs before the day of the hearin�to each owner of affected propertv and propert�
situated whollv or partly within 500 feet of the property. For the purpose of i��
mailed notice, the person responsible for mailing the notice may use anv appropriate
records to determine the names and addresses of owners. A copv of the notice and a
list of the owners and addresses to which the notice was sent shall be attested to bv
the responsible person, and shall be made a part of the records of the proceedin�s.
The failure to give published or mailed notice to individual property owners or
defects in the notice shall not invalidate the proceedin�s. This subsection shall not
��lv to amendments pursuant to Section 78-43.
(b) In addition, a notice shall be published in the official newspaper once at least ten
davs before the dav of the hearin�.
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SECTION 3. Section 78-98 shall be amended to read as follows:
Sec. 78-98. -Notice of hearing.
(a) A public hearing followin� requirement of Section 78-48 sha11 be required for an appeal or
variance. ,
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SECTION 4. Section 78-227(1)c. shall be amended by removing text to read as follows:
Sec. 78-227. - Permitted uses.
Within any R-lA one-family residential district, no structure or land shall be used except for
one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
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SECTION 5. Section 78-252(1)c. shall be amended by removing text to read as follows:
Sec. 78-252. - Permitted uses.
Within any R-1B one-family residential district, no land or structures shall be used except for
one or more of the following uses:
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(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
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SECTION 6. Section 78-302(1)c. shall be amended by removing text to read as follows:
Sec. 78-302. - Permitted uses.
Within the LR-lA one-family lakeshore residential district, no land or structures shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
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SECTION 7. Section 78-327(1)c. shall be amended by removing text to read as follows:
Sec. 78-327. - Permitted uses.
Within the LR-1B one-family lakeshore residential district, no land or structure shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
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a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
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SECTION 8. Section 78-347(1)c. shall be amended by removing text to read as follows:
Sec. 78-34'7. - Permitted uses.
Within the LR-1C one-family lakeshore residential district, no land or structure shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
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SECTION 9. Section 78-366(1)c. shall be amended by removing text to read as follows:
Sec. 78-366. -Permitted uses.
Within the LR-1C-1 one-family lakeshore residential district,no land or structure shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects, provided that:
a. All buildings are located at least 50 feet from any adjacent properiy zoned for
residential use.
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b. The architectural design of the structure is found to be compatible with the
surrounding area.
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SECTION 10. Section 78-392(1)c. shall be amended by removing text to read as follows:
Sec. 78-392. - Permitted uses.
Within any RR-lA one-family rural residential district, no land or structures shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
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SECTION 11. Section 78-417(1)c. shall be amended by removing text to read as follows:
Sec. 78-417. - Permitted uses.
Within any RR-1B one-family rural residential district, no land or structures shall be used
except for one or more of the following uses:
(1) City-owned public service structures that have been approved by the city council after the
required public hearings for public improvement projects,provided that:
a. All buildings are located at least 50 feet from any adjacent property zoned for
residential use.
b. The architectural design of the structure is found to be compatible with the
surrounding area.
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SECTION 12. Section 78-567(9) shall be amended to read as follows:
Sec. 78-567. -Permit for private improvements within public rights-of-way.
It is unlawful for any person to alter, improve or use for private purposes in any RS district any
platted public right-of-way,any platted public park,or any other property owned by the city without
first obtaining a permit from the council, as follows:
(9) Permit hearing and notice. The planning commission or the council shall hold a public
hearing or hearings on each application for a permit as reguired bv section 78-48. �et�e
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SECTION 13. Section 78-913(11) shall be amended to read as follows:
Sec. 78-913. -Application.
Whenever this chapter requires a conditional use permit, an application in writing may be filed
with the zoning administrator,together with such filing fee as may be established by the council and
shall be accompanied by a site plan and such information and showing as may be necessary or
desirable, including but not limited to the following:
(11) An abstractor's certified property certificate showing the property owners within
�59500 feet of the outer boundaries of the property in question.
SECTION 14. Section 78-915 shall be amended by adding text to read as follows:
Sec. 78-915. -Hearings and notice.
The planning commission or council may hold a public hearing on each application for a
conditional use permit as required by section 78-48. '`T�+��� ��*'���••�'�� '���-��R ���" �� �- � �*
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�e�At the public hearing the planning commission or the council shall review the
application and the statements and drawings submitted with the application and shall receive
pertinent evidence concerning the proposed use and the proposed conditions under which it would
be operated or maintained. Any party may appear at the hearing in person or by agent or attorney.
Subject to such limitations as may be imposed by the council, the planning commission or the
council may adopt rules for the conduct of proceedings before it. Such rules may include provisions
for the giving of oaths to witnesses and the filing of written briefs by the parties. The city shall
provide for a record of the proceedings, which shall include the minutes of the meetings, the
findings, and the action taken on each matter heard, including the final action.
SECTION 15. Section 78-1008(c)4. shall be amended by removing text to read as follows:
Sec. '78-1008. - Procedure for processing a planned unit development.
(c) Schedule.
(4) The planning commission shall conduct the hearing and report its findings and make
recommendations to the city council.
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SECTION 16. Section 78-1610(a) shall be amended to read as follows:
Sec. 78-1610. -Alteration of wetlands.
(a) No alteration of land within a wetland overlay district or an existing established wetland buffer
is allowed without a wetlands alteration permit, subject to recommendation by the planning
commission and approval of the city council. The planning commission must hold a public
hearing per Section 78-48.
. Activities that constitute an alteration regulated by
this section include changes to the size, depth or contour of the wetlands or its existing
established buffer, dredging, or alterations of wetlands or buffer vegetation. Alterations do not
include wetland planting or the selective clearing or pruning of trees or vegetation that are dead,
diseased, noxious weeds or similar hazards. A wetland alteration permit is not required when a
wetland district is rezoned to another zoning classification.
SECTION 17. Section 82-2 shall be amended by adding text to the following definition:
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Sec. 82-2. -Definitions.
Public hearing means a hearing to be held by the planning commission to allow for public
review and input relating to the proposed subdivision pursuant to Minn. Stat. § 462.358-and public
hearing requirements in Section 78-48
SECTION 18. Section 82-112 shall be amended to read as follows:
Sec. 82-112. - Subdivision application.
(a) Class I subdivisions. Complete class I preliminary subdivision applications shall include the
following:
(1) Completion of all items on the preliminary subdivision application form;
(2) A location map;
(3) A half-section map;
(4) A certificate of survey of the property�^r^-��a�'� � � ��*��a���•���*� �� ��a� 41�
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(5) Class I subdivisions that were required to have a sketch plan review may use all required
maps submitted with application, provided no changes have been made by the subdivider;
and if changes have been required, new maps shall be prepared and resubmitted with
preliminary subdivision application;
(6) A property owner's list per public hearing requirements in Section 78-48�e�-�}�
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(7) Any additional information requested by the zoning administrator or planning
commission;
(8) Payment of the preliminary subdivision review fee; and
(9) Written and dated certification by the zoning administrator confirming that the
preliminary subdivision application has been completed in compliance with chapter 78 and
this chapter.
Certification does not mean all information is correct,just that apparently all issues identified in the
subdivision have been addressed by the subdivider.
(b) Class II subdivisions. Complete class II preliminary plat applications shall include the
following:
(1) Completion of all items on the preliminary plat application form;
(2) All maps and other information submitted for the sketch plan review shall be considered
submitted for the preliminary plat review; and if changes have been made by the
subdivider, new maps shall be prepared and resubmitted;
(3) A property owner's list per public hearin�requirements of Section 78-48��
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(4) Provision of�5-copies of the preliminary plat in a form required bv the Citv;
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(5) In areas served by public sewer and/or water, a plan showing the existing service ties and
the proposed connection sizes and locations 1
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(6) In areas not served by public sewer, an on-site sewage treatment site evaluation report for
each lot, and a copy of the current compliance inspection report for each existing on-site
system;
(7) Any additional information requested by the zoning administrator or planning
commission;
(8) Payment of the preliminary plat review fee; and
(9) Written and dated certification by the zoning administrator confirming that the
subdivision has been completed in compliance with chapter 78 and this chapter.
Certification does not mean all information is correct,just that apparently all issues identified have
been addressed by the subdivider.
(c) Class III subdivisions. Complete class III preliminary plat application shall include the
following:
(1) Completion of all items on the preliminary plat application form;
(2) All maps and other information submitted for the sketch plan review shall be considered
submitted for the preliminary plat review; and if changes have been made by the
subdivider,new maps shall be prepared and resubmitted;
(3) A property owner's list per public hearin�yuirements of Section 78-48�e��
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(4) Provision of'��the preliminary plat;
(5) Provision of''��the utilities map;
(6) A soil survey and report by the Hennepin Soils and Water Conservation District (to be
requested by the city if the zoning administrator feels such information is necessary for the
subdivision review);
(7) A soil erosion and sedimentation control plan;
(8) A vegetation preservation and protection plan;
(9) Any additional information requested by the zoning administrator or planning
commission such as:
a. Proposed protective covenants;
b. Statement of the proposed use of lots stating type of residential buildings with number
of proposed dwelling units and type of business or industry, so as to reveal the effect
of the development on traffic, fire hazards and congestions of population; or
c. Where the subdivider is the owner or intends to attempt to acquire the property
adjacent to that properly which is being proposed for the subdivision, the planning
commission may require that the subdivider submit a sketch plan of the remainder of
the property so as to show the possible relationships between the proposed subdivision
and any future subdivision; in any event, all subdivisions shall be shown to relate well
with existing or potential adjacent subdivisions;
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(10) Payment of the preliminary plat review fee; and
(11) Written and dated certification by the zoning administrator confirming that the
subdivision has been completed in compliance with chapter 78 and this chapter.
Certification does not mean all information submitted is correct, just that apparently all
issues identified in the subdivision have been addressed by the subdivider.
(d) Application deadlines. The subdivider shall file a complete preliminary subdivision
application with the zoning administrator �e����3�r�c��e t�c,���-���n���
��ce�ss}a��g-a�-���s�-�-���e� ' e�s�e�at the deadline
established bv the city annuallv.
SECTION 19. Section 82-113(c) shall be amended to read as follows:
Sec. 82-113. - Staff and agency review of the preliminary subdivision.
(c) Public hearing meeting notice. Notice of the hearing shall be consistent with Section 78-48.
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SECTION 20.EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and publication.
ADOPTED this 25�b= day of`sune, 2018 on a vote of 5 ayes and 0 nays by the
City Council of Orono, Minnesota.
ATTEST:
arlson, City erk Dennis Walsh, Mayor
Ordinance published in The Laker and The Pioneer newspapers the week of,July 7 , 2018.
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