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HomeMy WebLinkAboutNo 887 Amending Various Sections of the Code About Procedures, Public Hearings and Applications ORDINANCE NO. 887 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MAPLEWOOD CITY CODE ABOUT PROCEDURES, PUBLIC HEARINGS AND APPLICATIONS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment changes Section 44-1096(a) to read as follows: Sec. 44-1096. Procedure. (a) After an application for a conditional use permit or a conditional use permit revision has been submitted to the city, the city planning staff shall prepare a report and recommendation and submit that report to the planning commission and community design review board, as appropriate, for their consideration and recommendation. The planning commission and community design review board shall make a recommendation on the application, as required by city ordinance and within the time allowed by state law. City staff shall forward the staff report and planning commission’s and community design review board’s recommendations or actions to the city council for their consideration within 45 days of the city receiving the complete application, subject to any extensions as allowed by Minnesota Statute 15.99. The city council shall only consider such applications after receiving the comments and recommendations of the planning commission. The city council will make the final decision about all conditional use permit applications or major revisions. The city shall process all such applications or revisions to meet the requirements of state law 15.99, (commonly known as the 60-day rule) as may be amended by the State of Minnesota. Section 2. This amendment changes Section 44-1096(b) to read as follows: (b) The planning commission shall hold at least one public hearing on each application for a conditional use permit. City staff shall have a notice of the hearing published in the official newspaper at least ten days before the hearing. In addition, city staff also shall mail a copy of the hearing notice to each of the owners of property within 500 feet of the boundary lines of the property upon which such use has been requested. City staff shall mail the hearing notices to the last known address of such owners at least ten days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. Section 3. This amendment changes Section 44-1161 to read as follows: Sec. 44-1161. Initiation generally. (c) An amendment to this chapter, including an amendment to the zoning map, may be initiated by the city council, the planning commission, the city staff or by petition of affected property owners, who are hereby defined to be the owners of the property to be rezoned. An amendment not initiated by the planning commission shall be referred to the planning commission for study and for a report. The city council shall not take action on any proposed amendments to this chapter, including zoning text changes and zoning map changes, until after they receive the recommendation about such a proposal or request from the planning commission. The planning commission shall make a recommendation on all zoning map amendments within 45 days of the city receiving a complete application or request. The city council may act without a recommendation from the planning commission if the planning commission fails to meet the 45-day time limit for comment or recommendation. The planning commission or city staff may refer design-related applications and matters (including, but not limited to, architectural design, site layout, landscaping and sign matters (including signs, off-site signs, billboards and comprehensive sign plans)) to the community design review board for their review and recommendation. Section 4. Effective Date. This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council adopted this ordinance amendment on May 5, 2008.