HomeMy WebLinkAbout0760 ORDINANCE NO. 76~
CITY OF LAKEVTT a .F
DAKOTA, COUNTY, MINNESOTA'
AN ORDINANCE AMENDING TITLES 9 AND 10
OF THE LAKEVILLE CITY CQDE
CONCERNING OFFICIAL MAPS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, IvIlNNESOTA ORDAINS:
SECTION L Title. 9 of the Lakeville City Code. is amended by adding Chapter 6 to
.provide:
CHAPTER 6 .
OFFICIAL MAP
9-6-1: PURPOSE:
Land that is needed for future. street purposes and as sites :for other necessary public facilities and
services is frequently diverted to nonpublic uses which would have been located orr 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 article to provide a uniform. procedure for the proper use of
official maps. as authorized by the Minnesota. Municipal Planning Act, Minnesota Statutes
Chapter :462.
9-6-2: OFFICIAL MAP DEFINED:
"Official map," as :used in this Chapter, means a map adopted in accordance with this Chapter
showing existing streets, proposed future streets, and the area .needed for wdening.of existing
treets 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..
9-6-3: INITIATION DF PROCEEDINGS:
:Proceedings for adoption, amendment, or repeal of an official map or any part thereof may be
initiated bya
1. A recommendation of the planning commission; or
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2. Action by the city council on its own initiative, recommendation of an advisory
commission, or request of an outside governmental body. .
9-6-4: 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.
9-6-5: REFERENCE TO PLANNING COMMISSION:
Except when proceedings have been initiated by recommendation of the 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.
9-6-6: NOTICE AND HEARING:
A. Notice: Upon receiving the recommendation of the planning; commission or after forty-
five (45) days from the submission of he ..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 he official
map. For purposes of this notice, the owners shall be determined by the records of the
City's Geographic Information System (GIS) 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 furfher notice. The council may direct the planning commission to conduct
a hearing and following the hearing to report its recommendation tathe :council.,
9-6-7: 'PREPARATION AND FILING OF MAPS:
The officiaF 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 finale draft of the official map. After enactment of any
110225.01 2
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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.
9-6-8: EFFECT:.
After an official map has been adopted and filed, the issuance of building permits by he city
shall be subject to the provisions of this article. The city shall deny every application for a
permit to construct a new building or structure or expand an existing building or structure within
an 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 nat 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.
9-6-9: APPEALSc
Whenever a building is denied pursuant to this Chapter, 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:
1. -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.
2. That, balancing. the 'interest of the city in preserving. the integrity of the official map and
of the City's Comprehensive Plam and the interest of the property owner in the :use of his
property and' in .the .benefits of ownership, he grant of -such permit is required by
consideration 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 (l0) 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.
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9-6-10: PUBLICATION AND FILING:
The city clerk is herby authorized and directed to publish this Chapter in accordance with law.
and to file a certified copy of this Chapter in the office of the county recorder.
9-6-11: ADOPTION OF MAP-GS.A:H. SOIC.S.A H. 5:
The map entitled "C.S.A.H. 50/C.S.A.H. 5 Official Map," a copy of -which is on file with the city
clerk :and made a part of this section by reference, showing existing streets, proposed future
streets, and the area needed for widening existing streets. within the city is hereby adopted and
designated. as the official map of the portion of the city shown on the map.
.SECTION 2. Section 10-4-10 of the Lakeville City Code is amended to provide:
ZONING ORDINANCE AND OFFICIAL MAP CONSISTENCY: Subdivisions and
preliminary and final plats may only be approved if they. are consistent with the City's
Zoning Ordinance-and official maps.
SECTION 3. This ordinance shall be effective immediately. upon .its .passage. and
;publication.
.ADOPTED this 15"' day of March 2004, by he City Council of the City of Lakeville,.
Minnesota.
CITY OF LAKEVII.LE
~t,
BY: ~ s
~ Robert ID. J nson,lVlayor
ATTEST:
Charlene Friedges, City :C e
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PUBLIC NOTICE
ORDINANCE NO. 760
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLES
9 AND 10 OF THE LAKEVILLE CITY
CODE CONCERNING OFFICIAL MAPS
THE CITY COUNCIL OF THE CITY OF
LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1 Title 9 of the Lakeville City
Code is amended by adding Chapter 6 to
provide:
CHAPTER 6
OFFICIAL MAP
9-6-1: PURPOSE:
Land that is needed for future street
purposes and as sites for other necessary
public facilities and services is frequently
diverted to nonpublic uses which would
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 dislo-
cating the owners and occupants of the
land. Identification on an official map of
sions of this article. The city shall denylfs
every application for a permit to construct'n-
a new building or structure or expand an rlY
existing building or structure within anxe
area designated on the official map fonts
street or other public purposes. Whenever of
any street or highway is widened or re
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AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
County cf Dakota
SS
TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and
employee of th=_ publisher of the newspaper known as Thisweek Newspapers, and has full
knowledge of t' a facts which are stated below:
(A)The newspaper has complied with all of the requirements constituting qualification
as a legal newspaper, as provided by Minnesota Statutes 33I A.02, 33 I A.07 and other applic-
able laws, as an.s;nded.
(B)The printed
L
which is attacht'd was cut from the columns of said newspaper, and was printed and pub -
fished once ek—rti? sus; it was
first published cn Saturday, the y9,%Tkday of
I `(Jrc,t
2t7 t and was thereafter printed and published on every Saturday to and including
Saturday, the day of ; and print-
ed below is a cc py of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged 4, being the size and kind of type used in the composition and publication of
the notice:
BY:
abcdefgh ijkl mnopgrstuvwxyz
TITLE: Managing Editor
Subscribed and sworn to before me on this c
l SSG c-c;L, .ADD `f .
day of
Notary Public
CAROL J. HAVERLAND
NOTARY PUBLIC — MINNESOTA
My Commission Expires 1.31.2005