FINAL ORDINANCE NO. 81-37 - Laserfiche WebLink

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Lake Elmo Municipal Code Section 301.070 D. 16 Open Space Preservation District (OP) B. Planning Commission Review. Upon receipt of a completed OP Development Preliminary Plan and, where appropriate a Preliminary Plat, the City Planner shall refer the applications to appropriate staff, consultants, and other special review agencies including the Minnesota Department of Natural Resources if the proposed development is within a designated shoreland. The applications shall also be placed on the Planning Commission Agenda for review at a public hearing preceded by ten days published notice and two weeks mailed notice to record owners of each parcel located within 350 feet of the perimeter of the proposed development. The Planning Commission shall make its recommendation to the City Council within thirty days of Planner's receipt of the completed OP Development Preliminary Plan and Preliminary Plat applications. C. City Council Review. The City Council shall review the OP Development Preliminary Plan and Preliminary Plat within sixty (60) days of Planner's receipt of a completed applications. The OP Development Preliminary Plan and Preliminary Plat shall require three (3) affirmative Council votes for approval. The City Council may also table its review a reasonable time, if necessary, to obtain information that will enable the Council to make a reasonable decision and if the extension is consented to by the applicant on the record. Upon approval, the City Council shall instruct the City Attorney to draw up an OP Development Agreement that stipulates the specific terms and conditions established and approved by the City Council. The Development Aagreement shall be signed by all parties within thirty days of the City Council's approval of the OP Development Preliminary Plan. D. Limitation on Preliminary Plan Approval. Unless a Final Plan covering the area designated in the Preliminary Development Plan as the first stage of the OP Development has been filed within six months from the date Council grants approval, or in any case where the applicant fails to file Final Plans and to proceed with the development according to the provisions of the Ordinance, the Preliminary Development Plan shall expire. The Council may at it discretion, extend the filing deadline for any Final Plan when, for good cause shown, such extension is reasonable. In any case where Preliminary Development Plan approval expires, the Concept Plan approval and Preliminary Development Plan approval for that portion of the OP Development that has not received Final Plan approval is repealed. Subd. 11. OP Final Plan. The purpose of the Final Plan is to provide a complete, thorough and permanent public record of the OP Development and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the OP Development process. It shall serve in conjunction with other City ordinances as the land use regulation applicable to the OP Development. J 16