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Item No: 07A <br />Meeting Date: May 21, 2025 <br />Type of Business: Planning Business <br /> Planning Case: SP-238-25 <br /> <br />City of Mounds View Staff Report <br />To: Mounds View Planning Commission <br /> <br />From: Phil Carlson, AICP, Stantec, City Planner <br /> <br />RE: Public Hearing Process in Mounds View Code <br /> <br /> <br />INTRODUCTION <br />The City Council has directed staff to prepare amendments to the City Code so that public <br />hearings for zoning and subdivision requests are heard in front of the Planning Commission vs. <br />the City Council. The City Attorney has prepared the attached ordinance to accomplish this, <br />amending several individual sections of the zoning code. <br />MINNESOTA STATE STUTUES <br />Minnesota Statutes have several references to public hearings by cities on zoning and <br />subdivision matters: <br />• Adopting or amending the comprehensive plan (MN Statutes 462.355, Subd. 2): the <br />“planning agency” (Planning Commission) is required to hold a public hearing. <br /> <br />• Adopting an interim ordinance – also called a moratorium (MN Statutes 462.355, subd. <br />4): the city council must hold a public hearing. Since this is in State statute, the City <br />cannot change that requirement. <br /> <br />• For adopting or amending a zoning ordinance (MN Statutes 462.357, Subd. 3), the <br />statute says the hearing can be either by the planning agency or by the governing body <br />(City Council). Changing the ordinance in several places to specify the Planning <br />Commission as recommended here would be allowed under State statute. <br /> <br />• Subdivision – plats, lot split, lot line adjustment (MN Statutes 462.358, Subd. 3b): the <br />Statute says a hearing is required but does not specify under which body. <br /> <br />• Conditional use permits (MN Statutes 462.3595, Subd. 2): the Statute says a hearing is <br />required but does not specify under which body. <br /> <br />