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HomeMy WebLinkAbout282 STATE OF MINNESOTA . COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 282 AN ORDINANCE AMENDING SECTIONS II(D)(lll), II(D)(1l2) AND V(E) OF APPENDIX A, ZONING ORDINANCE FOR THE CITY OF ARDEN HILLS; AND ADDING SECTION II(D)(1l2)(a) TO APPENDIX A, ZONING ORDINANCE FOR THE CITY OF ARDEN HILLS RELATING TO DEVELOPMENT REGULATIONS FOR SCHOOLS. The Arden Hills City Council hereby ordains that Sections II(D)(lll), II(D)(ll2) and V(E) of Appendix A, Zoning Ordinance for the City of Arden Hills are hereby amended; and Section II(D)(1l2)(a) is hereby added to Appendix A, Zoning Ordinance for the City of Arden Hills to read as follows: II(D)(lll). School, general education. Nursery, primary, elementary and secondary schools. II(D)( 112). Schools, special education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools. . II(D)(1l2)(a). Schools, higher education. Junior colleges, colleges and universities approved by the Minnesota Higher Education Coordinating Board and/or the Minnesota Department of Education. V(E). Land Use Chart. The land use chart contained in Section V(E) is hereby amended to include the following designations. In all other respects the provisions of Section V(E), including the introductory paragraph, shall remain the same. Zoning Districts Uses R-l R-2 R-3 R-4 B-1 B-2 I-l 1-2 School, higher D --- --- --- S --- --- --- education Effective Date. This ordinance shall be effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 15th of October ~j4- - Thomas Sather, Mayor ATTEST: . Ga~. ~~ Administrator Publication Date. Published on the 23rd of October 1991. , C/J/AHORD91.006 October 14, 1991 . . 2 a L Affibttui# uf iJuhlirtt#tun *tttte nf MinnEsn#tt CEnuntu nf RttmseLl ss. N. Theodore Li11ie , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as N2W Brighton Bulletin , and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No. 282 which is attached was cut from the columns of said newspaper, and was printed and published once each week, far 1 successive weeks; it was first published on Wednesda~the 23rd day of OCt. 19 91 , and was thereafter printed and published on every to and including , the day of , 19 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: 'abcdefghijklmnopqrstuvwxyz <-f:/~~C~ BY: TITLE: v - Subscrilied and sworn to before me on tnis 23rd day of OCt• , ys 91 _ Notary Public 'Alphabet should k?e in„ the same size and kind of type as the notice. RATE INFORMATION 5 ..-:r,re~.r•a~::sns:~.a.:.aat^,~•~~~-._ (1) Lowest classified rate paid by commercial users for comparable space . . . . . . . . . . . . . . . . . . . . . . . . . . $12.00 per col. inch (2) Maximum rate allowed by law for the above matter . . . . . . . . . . . . . . . . . . $8.93 per col. inch (3) Rate actually charged for the above rnatter . . . . . . . . . . . . . . . . . . . . . $ per col. inch 1 /91 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ~ ORDINANCE NO. 282 AN ORDINANCE AMENDING SECTION511(D)(111), : II(D)(112) and V(E) OF APPENDIX A, ZQNING OR- ~ DINANCE FOR 7HE CITY OF ARDEN HILLS; AND , f! ADDINCi SECTION II(D)(112)(a) TO APPENDIX A, ' 20NING ORDINANCE FOR THE CITY OF ARDEN ` FIILLS RELATING t0 DEVELOPMENT REGULA- TIONS FOR SCHOOLS. The Arden Hllls City Councll hercby ordalns that Sections 11(D)(111),11(0)(112) and V(E) of Appendlx A, Zoning OMlnance for the Clry of Arden Hllla are hereby amended; and Seetlort 11(D)(112Xa) Is hereby •added to Appendlx A, ZoNng Qrdlnance for the Ci- ty of Arden Hllls to read es Tollows: II(DX111). School, general education. Nursery, primary, elementary and secondary schools. _ ; 11(DN112). Schools, speCfel educetlon. Trade, voca- . stional, business, barber, beauty, art, musiC, dancing, !driving And other professional schools. II(D)(172xa). Schopls, higher edueatlon. Junior col- ileges, colleges antl universities approved by the Min- nesota Hgher Education Coordinating Board and/or the ;Minnesota Department oi Education. i V(E). Land Use Chart. The land use chart contain- 'ed in Section V(E) is hereby amended to include the following designations. In all other respects the provi- sions of Section V(E), including the introductory paragraph, shall remain the same. Zoning Districts , - Uses R-1 R-2 R-3 R-a B-1 B-2 I-1 I-2 School, D S. highes education - ' EHeetive Date. This ordinance shall be ettective the day following its publication. Adoptlon Date. Passed by the City Council ot the City ot Arden Hills the 15th of October, 1991. . /s! Thomes Sather Mayor ATTEST: /s/ Gary R. Berger Adminlstretor -(9ulletin: Oci. 23, 1991) - k (D) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. ARTICLE XIII. AMENDMENTS Section 9.6-42. The flood plain designation of the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. Section 9.6-43. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten (10) days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideratian. The Arden Hills City Council ardains that Chapter 9.5 of the Arden Hills Municipal Code is hereby repealed. Effective Date. This ordinance shall become effective on the day foZlowing the publication of the Ordinance Summary which was approved at the same time as the adoption of this Ordinance. Adoption Date. Passed by the City Council of the City of Arden Hills the ITth day of October , 1991. ! a0 Thomas Sather, Mayor ATTEST: , Gary R.'Berger, dministrator Publication Date. Ordinance Summary for Ordinance No. 283 was published on the 23rd o f October , 1991. C\J\AHORD91.005 27 , _ w STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE N0. 282 AN ORDINANCE AMENDING SECTIONS II(D)(111), II(D)(112) AND V(E) OF APPENDIX A, ZONING ORDINANCE FOR THE CITY OF ARDEN HILLS; AND ADDING SECTION II(D)(112)(a) TO APPENDIX A, ZONING ORDINANCE FOR THE CITY OF ARDEN HILLS RELATING TO DEVELOPMENT REGULATIONS FOR SCHOOLS. The Arden Hills City Council hereby ordains that Sections II(D)(111), II(D)(112) and V(E) of Appendix A, Zoning Ordinance for the City of Arden Hills are hereby amended; and Section II(D)(112)(a) is hereby added to Appendix A, Zoning Ordinance for the City of Arden Hills to read as follows: II(D)(111). School, general education. Nursery, primary, elementary and secondary schools. II(D)(112). Schools, special education. Trade, vocational, business, barber, beauty, art, music, dancing, driving and other professional schools. II(D)(112)(a). Schools, higher education. Junior colleges, colleges and universities approved by the Minnesota Higher Education Coordinating Board and/or the Minnesota Department of Education. V( E) . Land Use Chart. The land use chart contained in Section V(E) is hereby amended to include the following designations. In all other respects the provisions of Section V(E), including the introductory paragraph, shall remain the same. Zoning Districts Uses R-1 R-2 R-3 R-4 B-1 B-2 I-1 I-2 School, higher D S education Effective Date. This ordinance shall be effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 15th of October , 1991 Thomas Sather, Mayor ~ ATTEST: ~ lct" Gary . Berg r, Administrator Publication Date. Published on the 23rd of October , 1991. C/J/AHORD91.006 October 14, 1991 2 WARREN E. PETERSON PETERSON, FRAM & BERGMAN txEALPROpERTYIawsrECinLisT JEROME P. FILLA PROFESSIONAL ASSOCIATION *ALSO ADMITTED IN WISCONSIN DANIEL WITT FRAM 300 MIDWEST FEDERAL BUILDING IALSO ADMITTED IN ILLINOIS, GLENN A. BERGMAN FLORIDA, WASHINGTON D.C. JOHN MICHAEL MILLER 50 EAST FIFTH STREET - GARY W. BECKER*I ST. PAUL, MINNESOTA 55101-1197 OF COUNSEL TIMOTHY J. HASSETTt _ MELVIN J. SILYER MICHAEL T. OBERLE (612) 291-8955 FAX NO. (612) 228-1753 October 14, 1991 Mr. Gary Berger City Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 RE: Schools of Higher Education - Proposed Ordinance Our File No.: 10450j900002 Gary: Enclosed is a revision to an Ordinance that was previously forwarded on July 3, 1991. The Ordinance has been revised as a result of a disaussion which I had with the City Planner regarding the current designation of the Bethel College campus. It is my understanding that the Bethel College campus is located in a B-1 Zone and currently operates pursuant to the terms of a Special Use Perm.it. `Phe praposec3 Ordinance which now would include Bethel College in tlhe "Higher Education School" category did not indicate that a Spec:ial Use Permit was required in a B-1 Zone. Until the City decides whether to allow the Bethel College property to remain in a B-1 Zone or whether to require a Planned Unit Development for the Bethel College campus in the B-1 Zone, I felt it would be best to have the current regulation reflect the current status of the part:icular use. Therefore I have inserted the designation "S" under the B-1 column of that portion of the Ordinance relating to the land use chart. The original draft of this Ordinance was necessary to amend the various definitions for schools and to indi<:ate that the Northwestern College property would require a Planned Unit Development approval in an R-1 Zone. Zf you have any questions, please contact me. Very truly yours, . .......;:rt`~ JPF:r,ab Jerome`, ' Filla . Enclcasures cc: Cathy Iago, City Zoning Clerk John Bergly I CITY OF ARDEN HILLS MEMORANDUM DATE: September 24, 1991 TO: Mayor and City Council Gary Berger, City Administrator x. FROM: Catherine J. Iago, Deputy Clerk SUBJECT: Ordinance No. 282 - Relating to Development Regulations for Schools Attached is the draft ordinance amending appropriate sections of the City Zoning Code, which defines schools and relates to development regulations and a copy of correspondence from Attorney Filla, which explains the definitions and land use chart amendment. Attorney Filla will be present to answer any questions. RECOMMENDATION Staff recommends adoption of the attached Ordinance, which requires an affirmative vote of four Council Members. For your information, this was initiated as part of Case 91-04, Request for Ordinance Amendment and Planned Unit Development Application from Northwestern College. ACTION REQUIRED If Council concurs with staff recommendation, they should adopt Ordinance No. 282: "AN ORDINANCE AMENDING SECTIONS II(D) (111), II(D) (112) AND V(E) OF APPENDIX A, ZONING ORDINANCE FOR THE CITY OF ARDEN HILLS; AND ADDING SECTION II(D) (112) (a) TO APPENDIX A, ZONING ORDINANCE FOR THE CITY OF ARDEN HILLS RELATING TO DEVELOPMENT REGULATIONS FOR SCHOOLS." CJI/am Attachments . wnRxErr E. rETERSON PETERSON, FRAM & BERGMAN tREAL PROPERTYLAW SPECIALIST JEROME P. FILLA PitOFESSIONAL ASSOCIATION *ALSO ADMITTED IN WISCONSIN DANIEL WITT FRAM GLENN A. BERGMAN 300 MIDWEST FEDERAL BUILDING IALSO ADMITTED IN ILLINOIS, JOHN MICHAEL MILLER 50 EAST FIFPH STREET FLORIDA, WASHINGTON D.C. GARY W. BECKER*# TIMOTHY J. HASSETTt ST. PAUL, MINNESOTA 55101-1197 OF COUNSEL MICHAEL T. OBERLE MELVIN J. SILVER - (612) 291-8955 FAX NO. (612) 228-1753 July 3, 1991 Mr. Gary Berger VIA TELEFAX & U.S. MAIL City Administrator City of Arden Hills 1450 w'est Highway 36 Arden Hi7_ls, MN 55112 RE: Ordinance Relating to Development Regulations for Schools Our File No. 10450/910002 Gary: Enclosed is an Ordinance which amends various sections of the City's development regulations relating to schools as requested by the City Council on June 24, 1991. The Ordinance accomplishes the folZowing: 1. It amends the definition of "school, general education" by eliminating the word "vocational". When I discussed this matter with Mr. Bergly it was felt that a vocational school was more appropriately included in the category "schools, special education". 2. The definition of "schools, special education" was amended by inserting the word "vocational". 3. The definition of "schools, higher education" was amended by inserting language which requires approval either by the Minnesota Higher Education Coordinating Board and/or the Minnesota Department of Education. In connection with this item I spoke to Mr. Paul Thomas from the Minnesota Higher Education Coordinating Board. He indicated that either that organization or the Department of Education is responsible for issuing licenses to schools of hi;gher education in the State of Minnesota. There is no other Minnesota accrediting agency. 4. The land use chart portion of the code has been amended to indicate that schools of higher education would be allowed as a pZanned unit deveZopment in an R-1 zone. . Mr. Gary Berger July 3, 1991 Page 2 Please present this matter to the City Council for its review. This is a amendment to the City's zoning regulations and does require the affirmative vote of four Council members. If you have any questions please contact me. Very truly yours, ~ Filla JPF/bd Encl. cc: John Bergly (w/encl.) be.ll S.: ADOPT ORD. 282; Mayor Sather recomnexxied Item 7.D. be considered prior DEVIIAPMM to discussion of the Site Plan Review application for RBGUMATIONS & Northwestexn Col lege' as a housPJceeP ~ DEFINING SCHOOLS ~ item. , Council concurred. , ~ , i + Minutes of the Arden Hills Regular Council Meeting, 10-15-91 Page 2 ORD. (Cont'd) Sather explained this matter was previously tabled, since an Ordinance amenchnent requires a four-fifths vote by Cauncil. He advised adoption of the regulations should occur prior to considexation of the application. Council was referred to the letter from Attorney Filla dated Octobex 14, 1991, relative to the Ordinance revision which now amends the land use chart to allow Highex Fducation Schools in the R-1 District under the Planned Unit Development regulations and in the B-1 District under 5pecial Use Permit regulations. Malone moved, seconded by Hicks, to adopt Ordinance No. 282, AMMING SECTIONS II (D) (112) AND V(E) OF APPIIVDIX A., ZONIlJG ORDINANCE FOR THE CITY OF ARDEN HIIZS; AND ADDING SEGTION II(D) (112) (A) TO APPENDIX A, ZONING ORD]NANCE FOR 'IHE CITX OF ARDEN HILLS RF'T ATTNG TO DEVEIAPMIIN'r PJ77GLTLATIONS FOR SCHOOLS. Motion carried unanimously. (5-0)