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HomeMy WebLinkAbout1987-03 04-20 CCO i CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 6th day of April 1987 at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 35 regarding the Planning Commission. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. 87 -03 AN ORDINANCE AMENDING CHAPTER 35 REGARDING THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby mended in the following an ner: Y g Section 35 -201. PLANNING COMMISSION. A Planning Commission of seven members is hereby established and continued as a planning agency advisory to the City Council. The Planning Commission shall have the rowers and duties conferred uron it by statute. charter. ordinance or resolution. The Planning Commission shall serve as the Board of Adjustments and Anneals for the rurrose of considering variances and apreals. [Any vacancy in an office of Planning Commissioner, by expiration of his /her term, resignation, or removal shall be filled by appointment of the Mayor, confirmed by a majority vote of the Council. Upon appointment, each Commissioner shall serve for a term of two years or until a successor has been appointed. Each Commissioner shall be a resident of the municipality and shall subscribe to the appropriate oath of office. I No Commissioner shall take part in the consideration of any matter wherein he /she is the applicant, petitioner, or appellant, nor in the consideration of any application, petition, or appeal wherein his /her interest might reasonably be expected to affect his/her impartiality. The Planning Commission shall annually elect its Chairman and by majority vote may adopt rules of parliamentary procedure for the conduct of Commission meetings. The said meetings of the Commission shall be held at least once a month and shall be open to the public. There shall be a Secretary to the Planning Commission appointed by the City Manager of the municipality, who shall prepare the minutes of the meetings of the Commission and shall maintain the files and records of the Commission. The Secretary shall have any additional duties delegated to him by the Commission, the City Manager or by the provisions of this ordinance.] I I ORDINANCE NO. 87 -03 Section 35 -202. DUTIES 0 F THE PLANNING COMMISSION] COMPREHENSIVE PLANNING [1. Planning] I [a.] 1. Comprehensive Planning. The Commission shall, from time to time, upon its own motion or upon direction of the City Council, review the Comprehensive Plan and by a majority vote of all members of the Commission recommend appropriate amendments to the City Council. Before recommending any such amendments to the City Council, the Commission shall hold at least one public hearing to consider the proposed amendment. The Secretary to the Commission shall publish notice of the time, place and purpose of the hearing once in the official newspaper of the municipality at least ten (10) days before the date of the hearing. Furthermore, the Secretary shall transmit copies of the proposed amendment to the City Council prior to the publication of the notice of hearing. Following the review and recommendation by the Commission, the City Council shall consider the proposed amendment and may, by resolution of [a majority] two- thirds of its members, amend the Comprehensive Plan. [b.] 2. Coordination with Other Agencies. In the performance of its planning activities, the Commission shall consult with and coordinate the planning activities of other departments and agencies of the municipality to insure conformity with and to assist in a development of the comprehensive municipal plan. Furthermore, the Commission shall take due cognizance of the planning activities of adjacent units of government and other affected public agencies. [2. Platting, Before dividing any tract of land into two or more lots or parcels, an owner or subdivider shall, unless a variance is authorized, proceed under the provisions of Chapter 15 of the Ordinances of the City of Brooklyn Center. 3. Rezoning and Special Use Applications The Commission shall hear and review all applications for amendments to the Zoning Ordinance, hereinafter referred to as "Rezoning Applications and applications for special use permits. The Secretary of the Planning Commission shall maintain permanent b' files and records for each application to the Commission. The record for each application shall consist of a written application ORDINANCE NO. 87 -03 on a form provided by the municipality, the minutes of the Commission upon the hearing of the application, and the written recommendation of the Planning Commission. (See Section 35 -210, Rezoning, and Section 35 -220, Special Use Permits.) 4. Plan ADDroval Every person, before commencing the construction or major alteration of a structure (except one and two family dwellings and buildings accessory thereto), shall submit information as set out in Section 35 -230 hereof. 5. Variances Adiustments) and ADDeals The Planning Commission shall serve as the Board of Adjustment and Appeals of the municipality. When acting as the Board of Adjustments and Appeals, the Planning Commission's recommendations shall be advisory to the City Council. The rules of parliamentary procedure governing the conduct of Planning Commission meetings shall also govern the conduct of the meetings of the Planning Commission when acting as the Board of Adjustment and Appeals. The Secretary of the Planning Commission shall act as the Secretary of the Board of Adjustment and Appeals and shall maintain permanent files and records for each appeal, application or petition to the Board of Adjustments and Appeals. The Secretary shall maintain a separate file for each application, petition, or appeal to the Board of Adjustments and Appeals and shall place in said file, the record pertaining to each proceeding which shall consist of the written application, petition, or appeal; a copy of the minutes of the hearing of the Board; and a copy of the written recommendation of the Board. The Planning Commission, acting as the Board of Adjustments and Appeals, shall hear applications for variances (adjustments) in accordance with Section 35 -240 and appeals in accordance with Section 35- 250.) Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 20th day of April 1987. i ATTEST:, Clerk Date of Publication March 19, 1987 Effective Date April 20, 1987 (Underline indicates new matter, brackets indicate matter to be deleted.)