HomeMy WebLinkAboutCity Council Ordinance 2001-04ORDINANCE NO. 2001-04
CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 5 OF
THE PLYMOUTH CITY CODE RELATING TO OFFICIAL MAPS
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Chapter 5 of the Plymouth City Code is amended by adding Section 510 to
read as follows:
Section 510 - Official Maps
510.01 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, Section 462.351 to 462.36.
510.02 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.
510.03 Initiation of Proceedings. Proceedings for adoption, amendment, or repeal of
an official map or any part thereof may be initiated by (1) the City's Planning Division; (2) a
recommendation of the Planning Commission; or (3) action by the City Council.
510.04 Reference to Planning Commission. 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.
510.05 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.
510.06 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. The accuracy of the future acquisition lines shown on the
official map shall be attested to by a licensed land surveyor. 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.
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510.07 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 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.
510.08 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 the 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.
SECTION 2. This ordinance shall become effective immediately upon its passage.
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ADOPTED by the City Council of the City of Plymouth this 13d' day of February
2001.
CITY OF PLYMOUTH
By: i
4QYn Tierney, Mayor
A TEST:
andra R. Paulson, City Clerk
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