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HomeMy WebLinkAbout1968-07 03-07 AP ORDINANCE NO....... AN EMERGENCY ORDINANCE AMENDING CHAPTER 15 OF THE CITY ORDINANCES City of Brookiyn Cen }ar, Minneaote THE CITY COUNCIL OF THECITY OF BROOKLYN CENTER DOES OR- DAIN AS FOLLOWS: Section 1: PREAMBLE. WHEREAS Drior to August 16. THE BROOKLYN CENTER POST 1965, Section 35 -707 of the City Ordi- nances provided for site and building CA continuation of the Brooklyn Center Press) Plan review of apartment house de- velopm and AFFIDAVIT OF PUBLICATION ' WHE E R R E A S, on August 16, 1965, Chapter 35 was amended in such a manner as to create R3, R5 and R7 Multiple Family Residential Zoning Districts with the result that said zoning districts are not covered by STATE OF MINNESOTA the provisions of Section 35 -707; and SS. WHEREAS, the resulting absence COUNTY OF HENNEPIN Of review provisions of site and build- ing plans for multiple dwelling de- velopments in said zoning districts is deemed to endanger the public wel- fare, It is therefore necessary for the E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been public welfare of the citizens of Brook- the President of The Post Publishing Co., publisher • nd printer of the newspaper known as lyn Center to declare this ordinance THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press) an emergency ordinance and adopt it and has full knowledge of the facts herein stated as follows: under the procedures set forth in (1) Said newspaper is printed in the English language in newspaper format and in column and Section 3.06 of the City Charter. sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly Section 2: Chapter 35 of the City and is distributed at least once each week. (3) Said newspaper has SO% of its news columns devoted to Ordinances is hereby amended by the news of local interest to the community which it purports to serve and does not wholly duplicate repeal of the following section: any other publication and is not made up entirely of patents, plate matter and advertisements. (4) (Section 35 -707. SPECIAL RE- Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 1IlRE tion 3 IN BUSINESS AND IN- copies regularly delivered to paying subscribers, has an average of at least 75c of its total circulation QIkM DU DISTRICTS. Prior D any currently paid or no more than three months in arrears and, has entry as second -class matter in its local construction, the owner or developer post - office. (5) Said newspaper purports to serve the P Cit of Brookjyr. Center shall submit the following to the Plan- in the County of Hennepin and it has its know office of issue in the City of Crystal in said county, estab- ning Commission: lished and open during its regular business hors for the gathering of news, sale of advertisements and sale of 1. Survey drawing by a registered subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject surveyor showing all existing con- to his direction and control during all such regular hours and at which time said, newspaper is printed. ditions accurately dimensioned. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said 2. A complete set of preliminary newspaper has complied with all the foregoing conditions for at least two years preceding the day or architectural drawings by a regis- dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of tered architect showing: Site plan Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed (parking layout, landscaping, including by the Secretary of State and signed by the managing officer of said newspaper and sworn to before trees and P l a n t i n g size, location, a notary public stating that the newspaper is a legal newspaper. species, fences, walls, lighting stand- ards, street furniture and curbs), floor Plans, elevations, sections, outline He further states on oath that the printed ................ specifications (including materials proposed) and any additional informa- tion that is applicable.) - .... s . .............. . (3. A performance agreement by a land owner or developer that within a reasonable time to be fixed in the hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and agreement the site improvements will be completed and providing that if such improvements are not completed published therein in the English language, once each week, for ...... successive weeks; that it was within the time specified the Village may construct or complete such im- first so published on....... ...... ......................... the......... day of....:................. provements and assess thecostthereof against the owner. Such agreement may further provide for standards of 19..:. and was thereafter printed and published on every ..........................to and including maintenance of the site improvements and authorizing the Village to pro- the.......... day of .......................... 19.... and that the following is a printed copy of the vide such maintenance and assess the cost thereof against the owner if the owner fails to provide such mainte- lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and nance after notice by the Village that he is In violation of such agreement.) (4. A Performance bond by the land kind of type used in the composition and publication of said notice, to wit: owner or developer will be required to insure that the improvements set out in the site plan will be constructed abcdefghijklmnopgrstuvwxyz -6 pt, Newstext but such bond shall not be required abcdefghijklmnopgrstuvwxyz -7 pt. Excelsior with respect to provisions of the agree- abcdefghijklmnopgrstuvwxyz -7 Memphis Bold ment relating only to the maintenance of such Improvements.) (5. The above items shall be sub- ,. mitted at least 10 days prior to the l `. meeting at which the application will p- ,, a .`• ' / . be considered by the Planning Com- .....1...... .. :.�. -. it. �..•..... mission.) Section 3: Chapter 35 of the City Ordinances is hereby amended by the Subscribed and sworn to before addition of the following: Section 35 -707. PLAN APPROVAL., :.. Every Derson, before commencing the me this.......... day of . ...........:..............A.D., 19... construction or major alteration of a structure, except one and two family dwellings and buildings accessory thereto, shall make application for •••••••••••••••••••••••••••••••• .............................. plan approval from the City Council. Plan approval may be required in (NOTARIAL SEAL) conjunction with special use permit consideration. The following rules shall 4 govern application for Plan approval: Notary Public . ........................C Minnesota 1. Procedures My Commission Expires ......... ................19...... N► Sb) A complete set of Preliminary architectural drawings prepared by a� registered architect sho•,ving: (1) R scaled and dimensioned site (a) A "Plan Approval" application Plan indicating parking layout shall be initiated by the affected prop- I n c l u d i n g accessprovlsions, erty owner or his authorized agent. designation of possible loca -' The applicant shall fill out and submit tions of accessory buildings to the Secretary of the Planning Com- mission a "Plan Approval" applica _ tion copies Of wh,ch are available — Y at the municipal offices, together with a fee ct 5.00, The ap liratf rn sh.,1; hs N o landscapin , 1 n c 1 u d 1 ng trees _.L.._.... _ .. _h.:. & fi)e?I . to -- • an hrubbe with indication the �ert.etar•� :.� t„ d s ry f ion ,• „�s�A,.n'7-a Affidavit of Publication �'- --- - -- "' _.._..., of species, panting, size and days prior to , he ; aa', re •.ls • location. Zme Planninr, COrnmissfon - ” (it) Fencea or walls or other (b) The Secretary of the Planning or screening Including height and - go Mmissjon shall refer the matter type of material. to the Pianning Commission by placing (111) LiKhting standards, type and the application upon the agenda of the location. Commission's next regular meetinji. (tv) Curbs provided, however, that 'the Secretary (v) B u 11 d 1 n g floor plans, eleva- may, with the approval of the Chair- tions, sections and outline spe man of the Commission. place the ciflcallons, including materials a�yvlication on the agenda for a spe- proposed cia1 meeting of the Planning Cam- (vi) Proposed land elevations, mission. - drainage provisions and utility F ) The Planning Commission shall provisions as may fie required. report its recommendations to the 3. conditions and Restrictions City Council not later than sixty (60) The Planning Commission may days followfng fhe date off rpleiiraf fo pub� recommend and the City Council may She Commission. The date of referral' impose such conditions and restric- is defined as the date upon which the THE BROOKLYN CENTER POST tions as deemed necessary to protect. a�plicatlon is first considered by the the public interest and to secure com- PlanntngCommission. (d) The application and recom 5617 Co1v813iS Ave. N. ptiance with the r of the ordinance. The conditions may include mendation of the Com mlSSi on shall' MINNEAPOLIS, MINNESOTA 55429 the execution and submission of a be placed on the agenda of the City Performance A greemenI with a sup - Council within eJKhteen (18) days lot -' porting flnanci al guarantee that the lowing the recommendation offhe Plan subject property will be constructed nine Commission, or in the event the' DATE OF PUBLICATION and deve loped in conformance with the Commission has failed to make a plans, specifications and standards. recommendation, within seventv- eiv,ht Section 4: This ordinance shall (78) days of the date of referral to become effective February 27, 1968. the Commission. Adopted this day (A 1968. (e) The City Council shall make a 11na1 determination of the application' - within forty -eight (48) days of the recommendation by the Planning corn ATTORNEY Mayor mission, or in the event the Commis -' ATTEST: sfon has failed to make any recom mendation within one hundred and' Clerk e! ht 4ommisslon, (10815 days of the date of referral [o ifig Effective Date February 27, 1968. (P iblished in The Brooklyn Center tf1 The applicant or his agent shall Post March 7, 1968.) appear at each meeting of the Com -' mission and the City Council to an swer questions regardin the maps drawings plans and to idsh suc FILED itdormatlon as may be required. _ (g) The Secretary d the Planning Commission, following the Commis Sion's action upon the application, and the Cit7 Clerk, following the City Councils action upon the application.. shall give the applicant awrittennotice nCthe acfion taken. 6 Copy or this THE BROOKLYN CENTER POST notice shall be kept on file as a part Of the permanent record of the ap- plication. 2. Required Documents 11 Concurrent with filing applicatlon for plan approval, the applicant shall submit, as required, to the Secretary Of the Planning Commission the fol lowin documents and information: (a� A survey drawing by a reels tered land surveyor showing pertinent existing conditions, accurafely dimen- sioned.