HomeMy WebLinkAbout10-30-2006 Planning Commission Packet# �k
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LAKE City of Lake Elmo
itiELN10 3800 Laverne Avenue North
Lake Elmo, Minnesota 55042
(651) 777-5510 Fax: (651) 777-9615
Www.LakeElmo.Ora
NOTICE OF SPECIAL MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday, October 30, 2006, at 6:30 p.m.
in Council Chambers at City Hall.
AGENDA
Pledge of Allegiance
1. Agenda Approval
2. Zoning Ordinance
3. Adjourn
IJ4—GB - General Business.
1. Purpose
The purpose of the General Business District is to allow a broad range of retail and
service commercial uses as Permitted or Conditional within areas of the City that are
designated "C" (Commercial) on the Future Land Use Plan of the 2030 Lake Elmo
Comprehensive Plan. The primary geographic location for GB District uses will be the
area north and south of State Highway 5 (Stillwater Blvd.), between Lake Elmo Avenue
north of State Highway 5 and 39th Street North as it intersects State Highway 5. This area
is referred to by the Lake Elmo Comprehensive Plan as the "Old Village" and the "Village
Area".
The inclusion of residential use as Conditional in the GB District is to accommodate the
mixing o residential and non-residential uses - primarily with residential uses occupying
the upper level(s) of structures with commercial ground floor uses.
1. Permitted Uses and,StPuetar-es.r
a. The Followinu Service/Office uses:
General Business
Accounting
Advertising
Alterations
Apparel Cleaning pick-up Stations
Apparel Repair and Alterations
Architectural
Art Gallery
Auditing
Bakeries
Barber Services
Beauty Shops
Bookkeeping
Business and Management Consultant Offices
Business Associations
Cafes and Restaurants
Charitable
Chiropractic
Civic, Social and Fraternal Association Offices
and Halls
Collection and Adjustment Services
Credit Reporting (Consumer and Mercantile)
Dental
Detective and Protective Agencies
Duplication
Educational
Employment Agencies
(Sign fabrication not a permitted use)
(with production of bakery goods limited to retail sales)
(Limited to full table service operations)
Engineering
Finance
Galleries
Governmental Offices
Insurance
Investment
Labor Unions
Legal
Libraries
Mailing
Medical
Medical Services:
General Business - Permitted Service/Office Uses (continued)
The compounding, dispensing or retail sale of drugs,
prescription items, patient or proprietary medicine, sick room
supplies, prosthetic devices or items relating to any of the
foregoing when conducted in the building occupied primarily by
medical, dental, osteopathic, chiropractic or optometric offices.
Optometric
Osteopathic
Photo Gallery
Professional Membership Organizations
Real Estate
Religious
Scientific Research
Shore Repair
Stenographic Service
Welfare Offices
b. The Following Retail Uses:
Antiques and Second Hand Merchandise
Apparel and Related Accessories
Automobile Repair and Services
Automobiles and Automobile Accessories
Bicycles
Books
Building Supplies
Cameras and Photographic Supplies
Cigars and Cigarettes
Drugs and Proprietary Items
Electrical Supplies
Flowers and Floral Accessories
Food and -Grocery 'Products
Furniture
Gifts, Novelties and Souvenirs
(excluding laboratory facilities)
General Business
Glass
Heating Equipment
Home Furnishings and Related Equipment
Jewelry
Liquors
Marine Craft and Accessories
Newspapers and Magazines
General Business
(Permitted Retail Uses con't)
Nursery and Garden Supplies
Optical Goods
Paint
Pets
Plumbing Equipment
Sporting Goods
Stationery
Wallpaper
c. The Following Repair/Service uses:
General Business
Clock Repair
Electrical Repair and Supplies
Equipment Rental and Leasing
Food Catering
Furniture Repair
Heating
Household Appliances
Jewelry Repair
Landscaping
Plumbing
Radio
Reupholstery
Television
Watch Repair
d. The Following Office Uses: (excluding equipment storage).
General Business
Air Conditioning Contractor
Building Construction Contractor
Carpentry Contractor
Decorating Contractor
Hearing Contractor
Masonry Contractor-_
Painting Contractor'
Plastering Contractor
Plumbing Contractor
Roofing Contractor
Sheet Metal Contractor
General Business
(Permitted Office Uses con't)
Stone Work Contractor
Tile Setting Contractor
Wallpaper Contractor
Water Well Drilling Contractor
Wood Flooring Contractor
e. Uses Permitted by Conditional Use Permit: (Amended Ordinance 97 20 on 10 21 97)
Bed and Breakfast Facility
Boarding Care Facility
Day Care Centers
Kennels
Nursing Care Facility
Open Sales Lots
Manufacturing
Sexually Oriented Uses
Sinele Family and Multinle Family
Residences
Veterinary Clinics
General Business
15 Beds Maximum
15 Residents Maximum
40 Children Maximum
15 Residents Maximum
Any indkvaio1 manufacturing operation in existence within the
City at the effective date of this section, including manufacture of
weed--preductw and pia:Qa prodti1a11t, may ontinuc the use as a
conforming use without a conditional use permit. Nothing in this
provision shall otherwise be construed to require the City to
authorize any manufacturing use in the general businus zone
after the effective date of this section.
As Regulated by Section 154.610
All to age, services, repair or processing shall be conducted wholly within an
enclosed building. or behind opaque fenco or w' .1 not less than six (6) feet
high, except the outdoor display of merchandise.
ii. Incineration of wasta aya tc: ahall be conduct-J ir. k•vproved equipment located
iii. Where a proposed GB development abuts on RP_, P_ 1, R R 2, R 1, or RE
district othar tl-An street line, buffer provisio-s 02.g1 is
establiaki, "Rve.fe-uiall be y-o.'ided a protective strip of not less than
thirty five (35) feet in width. The protective it gulag rot be used for
parking, off street loading or storage a Pr111 t she
protective strip must be approved by the Council as beings harmony
iv. All lots tat h -(e at least one (1) era of land suitable for septic drainfields
and area sufficient for two (2) sic/sr/Jac .r.. I distinct drainfield sites- Placenent
of the second required drainfield between the trenches of the first drainfield is
prohibited,
v. Must meet all requirements of Section 700, Sewer Systems.
2. Accessory Uses.
a. Uses which are clearly incidental and subordinate to the allowed uses.
3. Minimum District Requirements
General Business
Lot Size 1 1/2 Acre (except as required by Interstate Corridor
Overlay District 300.0 ✓ali3, '1
Lot Width 150 Feet Minimum
Building Setback from property, lines: (Also see
Section. 300.11)
Front: 10 Feet Minimum
Side (Interior): 20 Feet Minimum
Side (Corner): 50 Feet Minimum
Rear 50 Feet Minimum
Building Height (Also sec Section 300.12) 35 Feet Maximum
Maximum area to be covered by buildings, parking
lots, driveways and other hard surfaces:
Lot Size
Up to 4 acres
Larger than 4 acres to 8 acres
Larger than 8 acres
Lot Configuration
Off Street Parking: (Als Scc Section 300.13, Subd.
6. and Subd. 7.)
Eating wd 1 1rir g Places
Automobile Service Stations
Covered Area
45% of lot size
35% of lot size
25% of lot size
Maximum lot depth to width dimension ration shall be
no more than 3:1
One (1) space for every two (2) seats and one (1) space
for every tv.d2) . r '1oyocs on the avcra • iffc.cip7am
slit
Three (3) spaces for each enclosed bay do rc (1)
space for each day shift employe T2iva .ri rrv.m of
two (2) spaces for service vehicles and one (1)
additional space for each service vehicle over two (2) in
Retail Stores or Centers
Motels and Hotels
Medical and Dental Clinics
Other Conirne feial r rscs (exci wholesale)
Maximum Width efDriveways
Signagc
Septic Drainfield Regulation (Also see Section 700)
Eleven (11) ate. tii for the first 1,000-square feet of
gross €leer area er €ractio fv area; eight
spaco f. ch i 000 , a.z feet of , fl
excess of 1,000 square feet, but not exceeding 15,000
square feet; six (6) spaces for each 1,000 square feet of
b. ova fear a.�••:. recess of 15,000 square feet of gross
floor area exceeding 30,000 square feet
One (1) space for eath unit p.,uo or (1) space for each
employee on any one shift
Feu(4) okn;x:a for each doctor or dentist, plus ne (1)
space for every emplc>>N or oswi (1) for each one
hundred fifty (150) square feet of gross floor area,
whichever requirement is greater.
One (1) space f r Back two h►ntdred (209) ec,:yaN feet of
gross floor area.
See Section 1105.07
See-Seatxok S7f
All nu r.ly oabdr."ided lots shall K .\No a :r x-ik ri s€
use and suitable for that use. This land may comprise
up to two separate areas each of- Wkie41za-contiguous to
the 1.25 acre building site or containd v# tk:in it end
each of which coai'a at least 10,000 contiguous
square feet.
Plaeerftent-ef-the-seeeffEl-requireel-Elftween-the
trenches of the first drainffld is p'-ohibited.
$ n„ nd rntcnt
sal ir&a, to .,nsur ee ^' I,. ild: strctcd within the City arc of a high quality of
exte aprestent th t> , fr`r ,a v t l r> ::11t Policy ft5 of the
2000 2010 Lake Elmo Comprehensive Plan. It ii the Finding of the Ci'q that a2iix ited selection
It is the further Finding of the City thka.'wveral specific exterior oa Qrr. g 7fo rials are
appfainiat✓\ ark of sufft al t •l a , 1. . , i
y' i aaxiieQ�a$-acccmzaxcrcvtzar�rrvurpn b
percentages. The variations of percentage of specific accent materials relate a to a Finding by the
S.."dprL'
-Ni i ba7nii g 7:-.9pooeif ina1;:de architectural and site plans
=it ;;.tons of all sides of the buildings,
Type and color of exterior building materials,
Typical general floor plans,
Dimensions of all structures,
Location of trash containers, heating, co ling and ventilation
equitirr;e :t nx1 oystems,
3. .";tsFii:•41a
Additions to existing structures resultinfg is arhrtx-ease of gross floor
f th . . f 1 th 1 00 ,a" . llt• f
replacement exterior surfacing any portion of an existing structure shall
be exempt from the standards of this subkriAkin where it is found that
of the existing structure.
addition) shall be subject to the standard of tV cii.bdiviiion.
Nrw
plc Prirraz y atorior Surfacing of structures shall be limited z. t a l l:�:ck, stone, or
glass. Artificial or finch brick brick or stone shall not qualify as complying with this
performance standard.
pfimapt rn
all exterior walls of a structure ns�nlly perpendicular to the ground. All parapet or
a f d h th 1' h ht f th t aaiiNrx' eN be considered
exterior surface far tlw p 'poses of this subdivision. Windows and glass doors/111411 Ya
considcro4 arytkairy mrAise, but the EdTr. arra of such glass shall ✓ daductcd from the
wall area for purposes of the 70% Prir_-c ry/30% Accent formulas of this secKxi . Dears
of any type c- r iz rial, except glrac t.yaE rot be considered a primary exterior surface.
Each wall of the strue h'hh111 ba calculated separatt1y; read, with
the 70/30 formula.
r,. PerfKr_
Not more than 30% of the exterior wrfacing, aefnei try pwn►graph D above may
be of the following listed Accent Matrria13, b��. no single Accent Material, mural
wood, may comprise more than 20% of the total of all Accent Materials; and n
combustible matsriads ith 11 ka used:
Wood Siding Slow Pxerkirating Wood
ii. C.xvi.mt Ei'h✓ r�rd
ia. fti ding Seam Metal
1.'. Architectural Metal
Stucco
•,i. Poured in Place Concrete (Excluding "tilt up" pa, ls)
vii. Architect Marl Pcr,c11 or Sheets
iii. Par► lain or Ceramic Tile
by this subdivision.
A, P.
All exterior sq%.apr_.3nt, HVAC and trash/recycling and d ck areas ehall be screened from
view of the yab}c with the primly; srtrrisrat_orials used on the principal structure.
A
The standards of this subdivisicK1 c ell be. applicable to all struatiar., d ituildings
ecrzxruvW i:. the City, on and after the effective date of air ex:bdiiiia n. Ths
performance standards of this subdivicn rmt-b✓ : TIVATAILT x end-1}y
sub.s...i-..A.mx/121ww.ed Unit Developm� t-Plca or Agreement.
lb. Landscapin and .rfaa 31W1 either be landscaped green areas or open and left in c r.aaral
plan prepared by a landscape architect. Areas lek in a rx.t✓ ;gal—te shall be kept free of litter. dkris Ord
noxious wcAo. Yak1-s-adjeini g kzi rc 'a ..t: 1 hall , nt in buf b
a a
l3 $lei w a a a a
�'r.►ll l o made-te-preoar« u-.;' existing tr uo -dac p!uctical and to incorpo7a e them into the site plan.
Where a abut residential ai^tr'nta, a bc.ffer area of c rrinmen .�tl: of 100 feet will be required. The
buffer aro.�ay2a11 iu completely defined and ele ig ;ed, and approved by the City prior to all final City
inspections for construction on site. Prior to the i^nuance of a Lail. rg p rmit or commencement of any
impfeNN.xxvimekzarzlite, the owner aynl p vide the City with a fi�;.rcial security fay rririrrio'n g-2-4-
inentheappfeved-by-t-lie-Git54-Atterneyr t, e st h ff Ca, .41'.11►ndczekT g shall
cat y •frith Section 520.01
all` ,°,z fear
/hp Geo.,-4 en, 4'/.34,
J. LB - Limited Business District.
1. Purpose. The purpose of the Limited Businani ict to establish a
does not a;tu.t. Tic City has determined that it ii its Ow kest interest of the City and
the region to rent anakly vi.ge growth in this district. It is the intent of this district
to promote a high quality of business design and development that produces a positive
visual image and minimizes adverse impacts from traffic congestion, noise, odor,
glare, and similar problems. Specific development goals within the district include
the following:
a. To encourage a high quality development standard for structures within the
district,
b. To protect the natural environment, in accordance with City ordinances,
c. To allow development to comply with the capacity of regional and local road
systems,
d. To allow office and limited retail development within areas classified as either LB
Future Sewer or LB Non -sewer as depicted by the Future Land Use Plan of the
2030 Lake Elmo Comprehensive Plan.
d. To guide development by setting requirements for on site sewer system,
c. To ecw►sii h paTritt44,, Cessory and conditi✓nl ...twci.n order to sic slate local
economic prosperity along the interstate corridor and within the Mosr-opa'.i z::
& 9rrrice Area while closely mozlonti ;g hem nitude of develop cnt s of
to prematurely demand the expansion of local governmental services.
2. Permitted Uses.
Limited Business
Banks and similar Financial Institutions
Medical Clinics and Offices
Offices for Administrative, Executive, Professional and Management Functions
Schools: Business, Professional, Private Trade Schools
3. Conditional Uses.
Limited Business
Art Sale and Gallery
Bicycle Sales
Boats and Fishing Equipment Sales and Service
Business Services
Furniture, Home Furnishings and Related
Equipment
Greenhouses and Nurseries
Landscaping Services; flowers and floral
accessories.
Licensed Dependent Care Centers
Limited Retail Uses clearly accessory to the
permitted principal use of the land
Medical, Dental and Research Laboratories
Motorcycle Sales
Pre- School Facilities
Beauty Salons
Skiing Equipment
Snowmobile Sales and Service
Sporting Goods
Transmission Facilities for Teleconferencing
Veterinary Clinics
Vineyard and Winery Produce and Sales
4. Accessory Uses.
Limited Business
Within the Limited Business District, the following
are allowed provided they are subordinate to and
associated with a permitted or conditional use:
Satellite Dish Antennas to permit teleconferencing
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
Uses normally associated with Office Developments
(photocopy and printing shops, travel agencies.) and
containing limited retail activity. 20,000 Square Feet
Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20.000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
Are not free-standing and do not extend more than 20
feet above the building to which they are attached.
20,000 Square Feet Maximum Floor Area
No crematorium, outdoor kennels or storage. 20,000
Square Feet Maximum Floor Area
20,000 Square Feet Maximum Floor Area
Note. F. ciitic. for thc , ation of
L.. d £T9T iircraft a ssIy
forbidden.
Landscape Buffers, Wildlife Areas, Internal
Picnicking Areas, Walking/Jogging Trails
Internal Privately Owned and Maintained Roads for
off-street parking and loading areas, between
building within a single platted lot
Other Uses Customarily Associated with, and clearly
incidental to a permitted use, as determined by the
Council.
Day Spas as Accessory to Beauty Salons
5. Minimum District Requirements.
Limited Business
Lot Area: 3.5 Acres
Minimum Lot Width: 300 Feet
Minimum Lot Depth: 400 Feet
Building Setback from Property Lines: (A Is see
Section 300.11)
Front: 100 Feet
Side: 50 Feet
Side (street): 100 Feet
Rear: 50 Feet
Any line adjacent to a residential zone: 150 Feet
Parking Setback from Property Lines:
Front: 50 Feet
Side: 50 Feet
Side (street): 50 Feet
Rear: 50 Feet
Any line adjacent to a residential zone: 100 Feet
Primary Building Height Maximum: (Also see 35 Feet
Section 300.12)
Accessory Structures and Buildings
Acces:,arr7 Ste.. a
Section 300.12)
Off Street Parking ( Also see Section 300.13, Siad. See 300.07 K. 6. b.
Maximum Coverage by all structures: 25%
Limited Business — Minimum District Requirements (continued)
Maximum area to be covered by buildings, parking
lots, driveways and other hard surfaces:
Minimum Building Floor Size:..
40%
4.000 square feet..
Sewer Discharge (A13 c oc Eiot00)
I4'C xirrnw Width of Driveways
Signage
No use may exceed a ratio of 3.0 SAC units per 3.5
acre- x 'l3f- gallons per day per net acre of land,
whichever-is-more-restrictivo For the „ of th;s
regulation, net acres equals the total area of the lot
minus wetlands, open water and dedicated public or
street right of ways. No one singlo NI tits rawer
system shall be designed to handle. nip .1hL1N 5,9W
anllons per day. Each parcel must dedicate areas for
primary and secondary on site sewer treatmc»/araao.
See Section 1105.07
See Soction 300.07 K. 6 d. and Sor. or. 5
a. Minimum Architectural Standards. It is in the best interest of the City to promotc
KNigb ti ,lards of architectural design. New buila'ir..g tr osa s ^" elude
architectural and site plans prepared by registered architect and shall show the
€all rir>ing IC a r. r i rra
i. Elevations of all sides of the buildings,
ii. Type and color of exterior building materials,
iii. Typical general ✓ Pura,
iv Dimensions of a uvta -ea
v. Location of trash containers, heating, cooling and ventilaticr &yipni nt and
systems,
vi. Description of i q►r architectural features specific to the particular request.
vii. The exterior surfaces of :J1 i aildk a ha e- aced ;ze ,stone, glass or
equivalent. The Citrj grog' architecturally enhanced and integrally
colored block, in all cases examples of th prrapad finish are to be submitted
for review by the Plarnierg Commission. No building shall be constructed
with a main exterior surface of sheet alar rA tae1 corrugated te .►rn, af
�r<jl products; this:: atrria}i ra acceptable only as !. Na. structural
metal standing seam roofing is permitted. No accessory building shall exceed
the height of a invipa; 1•aild:rg. All e,xterior equipment and aaeh: ar.-d
the principal structure. ✓✓u van,^ se f ^ tai ed HVAC . it whit, ble ,
in with the building architecture are exempt from the screening requirement.
Undergroya-d lities shall be provided for altirtnctures.
b. Parking. Each building site :,hail 1x provided with such off street automobile
iyarkki; a, 'ca approved by tho `;itry. No parking shall be permitted a. ar,•
street, driveway, ary ;J.4►es-ether Jima a oved parking spaces.
i. Construction all drives and parking lots shall be constructed with concrete or
blacktop, and with concra owl: aril gutters. Whore wp\--apfiate,sielewalks
may be requirA, Perking lot landscape areas, including n &,a -ends
shall be reasonably through ut the p.:~king lot area so as to break
up expanses of paved areas.
ii. Ratio unless other'ryzs: apla c'ied by the City, parking shall be provided as
follows:
,e r:.ir rnbmi rtio of one z iN.nve.-ontly paved off street automobile
parking space for each 2,000 square feet of wareh✓ b 1di: area, and
for each 250 square feet of office ly.,:iid ax. \ and for each 150 square
feet of retail areas awl c patio of one for three in seating for full service
restaurants,
(b) The minimum ratio of one permanently paved off street automobile
parking space for every two employees, whichever ratio shall result in the
greater number of parking spaces.
iii. Screening All p..rizn. g ar-aaslhall be screened from public vi es• it a inanx
approved by the City prior to the construction or alteration of any building or
building site.
iv. Location unless otherwise approved by the City prior to construdV„flr-
alteratio , rrekir4 ,r..
of its side property lines, nor within 10 feet of its rear property line.
thS.11 aWAX be landscaped green areas or open and left
in-a-natural-stat . Yar,ls to be landscaped shall be landscaped attractively with
lawn, trees and ak.rb: , :. s cordance with a plan prepared t'y r_ is dupe
architect. Areas left i . a 7,1a-Aral c'ate shall be kept free of litter, debris and
poi✓meads. Yards adjoining any residential zone shall contain a buffer area
consisting of berming, Landscaping and/or fencing for ;he rx,faik.ase of screening
noise, sig uf-sv J AicAl glare A ro nable atte mpt shall be male to .
many existing trees as is practical and to incorporate thcrs scsa .kc site plan.
Where abut r idential di ct buffe of fruir_".ugii deptpen 0
feet will be required. The buffer arm shah he completely defined and designed,
and approved by the City prior to all final City inspections for construction on
cite. Prior to the issuance of a building permit or commencement of any
improvements on site, the owner shall provide the City with a financial security
a r. �limum of 21 months, approved by the City Attorney, to assure
construction of the buffer area. All landade;-in ha11 comply with Section 520.01.
d. S'g gc. All signs shall be of a design and IratrrriJ ; ,moved by the City.
Unless otherwise approved by the City, all signs must be attached to a building,
parallel to and contiguous with. Wzwdls, not projecting above its roof line. All
signs shall comply with Section 535.
e. Citi eility xpansion Impac` Fcc City ; rise NHie facilities
impact fee on a proposed development within the LB zoning district in those cases
where it can demonstrate that:
i. Z'rr e�� r��r:�^l of public facilities is reasonably required as a result of the
approval of the development; and
ii. `AN: i:n ct fee does not exceed the development's pro N.v. sh*re of the
reasax y p'Ab >e facilities expansion cost.
Impact fees shall be placed in a restrictive fund EA mayonly be used to
finance the cost of the public facilities expansion required by the develepment
approval.
location, type and height of lighting fixtures and the illumination pattom 0.107�5
on a site plan. Glare, whether direct or reflected, such as from floodl ghtf or 1+441
temperature proaKA), a d as differentiated from gen. a illwA,'zyation, shall not
be visible ti7.eri property�lrn The source of lights shall be hooded and
controlled. Bare incandescent light bulbs shall not be permitted in view of
adjacent property or public right of way. All lighting shall cusp,,/ 'r:ith Chapter
14, Section 1410.
Tra€fieNe-uoc ch a�.111o•rcd unless the property owner provides a rc�:�.,,plar acceptable to
the City, uwtich 601 ao str.,to .,t .. nimu that the p e rei r „lting traffic will not
adversely affect the then existing traffic of the City. All private rcnrli :Aunt comply with existing City
regulations, with contw7ac i -arv4 matintenance being the sole responsibility of the property owner
MEMO
(October 26, 2006 for the Meeting of October 30, 2006)
To: Lake Elmo Planning Commission
From: Chunk �l rud
Subject: Draft District Standards — FSD and SRD3.5 Districts
I have attached proposed ZO text for two new zoning districts.
The FSD (Future Sewered Development) District is designed only to "preserve" (as
METC would view it) areas of the City south of 10th Street from premature and improper
development pending the installation of Regional Sewer in those areas in accordance with
the Sewer Staging Plan. The development density limitation (be it future residential or
non-residential lands) is 1 dwelling unit per 20 acres. That is the density standard
specified by METC in these cases. The City could zone the land less densely, but not
more dense. We have utilized the RR dimensional standards — except minimum parcel
area — as we were advised to by the Commission at a recent meeting.
The SRD3.5 district is designed to regulate development within the residentially planned
portions south of 10th Street following installation of Regional Sewer in accordance with
the Sewer Staging Plan. Of course, the "3.5" relates to the average residential density
expected from any development proposal. There may be densities higher or lower on a
"spot" basis within a development, but the overall project density must not exceed 3.5
du's/gross site acre.
In order to better accommodate the density averaging strategy the district standards focus
on development regulation through the PUD (Planned Unit Development) process. Each
40 acre (minimum) residential project would be "custom" designed as to the specific
internal design standards and subject to a PUD contract that assures those standards are
maintained (as is now the case with the Eagle Point Business Park over the entire 120
acres). Note also that a property owner need not use PUD, but then that property owner
essentially develops using the FSD+RR design standards — not likely.
I will continue to work on the balance of the district descriptions/standards. I am hoping
to have most to the balance available for presentation (if not PC approval) on October 30.
E. FSD — Future Sewered District.
1. Purpose
The FSD zoning district is intended to regulate land use within areas of the
City south of 10th Street North planned and staged for service by regional
sewer, pending the availability of sewer service consistent the
"Development Staging Plan" contained in Chapter III of the 2030 Lake
Elmo Comprehensive Plan. Maintenance of land use scale in this area of
the City at 1 dwelling unit per 20 acres or less dense pending regional
sewer service is required by the Memorandum of Agreement between the
City and the Metropolitan Council.
2. Permitted Uses.
a. One family residential dwellings;
b. Commercial within the limits defined in the performance standards
for livestock;
3.Uses Permitted by Conditional Use Permit.
a. Kennels
b. Home Occupations
4. Accessory Uses
a. Uses which are customarily accessory and clearly incidental and
subordinate to allowed uses.
5. Minimum District Requirements.
Future Sewered Development Zoning District (FSD)
Lot Size
Lot Width (See Section 400.05
Subd. 1 C.)
Primary Building or
Structure Setback from
property lines
Front
Side (Interior)
Side (Corner)
Rear
Arterial Street
Primary Building Height
Off -Street Parking
Accessory Building or
Structure setback from
property lines:
Front:
Side (Interior):
Side Corner
Rear
Arterial Street
Accessory Building Height
Setback for all animal
buildings. feedlots, and
manure storage sites as
follows:
Any property line:
Any existing well, or
residential structure on the same
parcel
Any body of seasonal or year-
round water
Nominal 10 acres
A ten acre parcel not reduced by more
than ten percent (10%) and/or a ten
acre parcel located on a corner or
abutting a street on two sides not
reduced by more than fifteen percent
(15%) due to road right-of-way and
survey variations
300 feet
30 feet
10 feet
25 feet
40 feet
50 feet
35 feet
3 spaces per unit
30 feet
10 feet
25 feet
40 feet
50 feet
14 feet
100 feet
50 feet
200 feet
Setback for all uses permitted
by Conditional Use Permit from
R1, R2, R3, R4)
250 feet
B. SRD3.5 — Sewered Residential District (3.5 Units/Acre).
1. Purpose
The SRD3.5 zoning district is intended to regulate new development
within areas of the City south of 10th Street North planned and staged for
service by regional sewer. Limited scale office, service and retail use may
be included as incidental and subordinant use within a predominantly
residential Planned Unit Development with the primary intent of that non-
residential use to be goods and services to the residential uses. It is
intended that the SRD3.5 zoning classification be assigned only upon all
of the following Findings:
a. The property is classified FSD by the Lake Elmo
Comprehensive Plan.
b. The property is located within an area of the City staged for
current regional sewer availability by the Lake Elmo
Comprehensive Plan. The timing of the sewer service and
development is compliant with the "Development Staging
Plan" contained in Chapter III of the 2030 Lake Elmo
Comprehensive Plan.
c. The regional sewer is available at the property line of the
property.
d. A Planned Unit Development Preliminary Plan and
Preliminary Plat have been approved for the property at an
average dwelling unit density that is consistent with the 2030
Lake Elmo Comprehensive Plan.
2. Permitted Uses
a. Commercial Agriculture
b. Single family residential homes on parcels of at least 20 acres.
3. Uses Permitted by Conditional Use Permit
a. Single Family detached, townhouse, and apartment dwellings
within an approved Planned Unit Development of 40 acres or
more gross land area with average dwelling unit density over
the residential portion of the Planned Unit Development to be
compliant with the 2030 Lake Elmo Comprehensive Plan.
b. Neighborhood office, service and retail commercial - except
motor fuel service stations - as clearly secondary and
incidental use to residential within a Planned Unit
Development of 40acresor-more-gross--land-area.
4. Accessory Uses
a. Uses which are customarily accessory and clearly incidental and
subordinate to permitted and conditional uses.
5. Minimum District Reouirements.
Sewered Residential Zoning District
Lot Size
Lot Width
Dwellings and Related
Structures
Unsewered — 20 acres
Sewered — Per a PUD Plan
and Compliant with the
Development Density
Standards of the
Comprehensive Plan
300 feet or Per Approved
PUD Plan
Primary Building setback from
property lines:
Front: 100 feet or Per Approved
PUD Plan
Side: (Interior) 100 feet or Per Approved
PUD Plan
Rear: 100 feet or Per Approved
PUD Plan
Side Corner: 100 feet or Per Approved
PUD Plan
Arterial Street: 100 feet or Per Approved
PUD Plan
Primary Building Height 35 feet or Per Approved PUD
Plan
Accessory Structure setback from
property lines- 4.)
Front: 100 feet or Per Approved
PUD Plan
Side: (Interior) 100 feet or Per Approved
PUD Plan
Rear: 100 feet or Per Approved
PUD Plan
Side Corner 100 feet or Per Approved
PUD Plan
Arterial Street 100 feet or Per Approved
PUD Plan
Setback for all animal buildings,
feedlots, and manure storage sites
shall be as follows: -
Any property line 100 feet
Any existing well, or residential 50 feet
structure on the same parcel
Any existing well, or residential 200 feet
structure on an adjacent or nearby
parcel.
Any body of seasonal or year-round 200 feet
surface water
MEMO
(October 26, 2006 for the Meeting of October 30, 2006)
To: Lake Elmo Planning Commission
From: Kelli Matzek, Assistant Planner
Subject: Zoning Code Rewrite
We will be discussing the following topics:
• Specialized Housing
• Sexually Oriented Uses
• Tree Preservation
Tree Preservation Ordinance
I have finally remember to attach the Oak Park Heights tree preservation code for your review.
The City Forester has worked with the City of Oak Park Heights in developing Tree Preservation
Ordinances and the City has used their code often.
City Forester comments: "Enforcement, particularly re: keeping protective fencing in place
during construction, is key to having these work. I think it is definitely needed in Lake Elmo but
the ordinance needs to be planned out and worded carefully with realistic penalties/replacements
for taking out trees. What we most want to do is to encourage good PLANNING of
developments, taking into account topography and high quality woodlands, because it is at the
early stages of development that a community can be most effective in saving trees and other
natural features."
I would like to put in a disclaimer here regarding the Sexually Oriented Uses section of code.
The text is fairly graphic. This draft came from the City Attorney who had drafted it for another
City. He stated that the text needs to be detailed in order to regulate this use due to case law.
I have utilized the legislative formatting suggested by the Planning Commission at a previous
meeting. The regular text is the existing Lake Elmo Code. The bold text identifies from where
the existing Lake Elmo code was pulled. The underlined text is proposed and the striken text is
removed. The proposed language I have pulled from other city codes (Oak Park Heights and
Plymouth primarily).
Changes were made to correct generic spelling mistakes and the format was changed.
The next meeting will be held on Monday, November 6th at 6:30 p.m. At that time we will be
discussing the following topics:
• Accessory Structures
• Definitions
• Fees
City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
Public Property / Right -of -Way
Land Filling and Exc/Grading Operations
Specialized Housing
154.560 Bed and Breakfast Establishments
154.561 Residential Shelters
Manufactured Home Park
154.570 Purpose.
154.571 Scopes.
154.572 Definitions.
154.573 Permits.
154.574 Applications.
154.575 Fees.
154.576 Hearing.
154.577 Design Standards.
154.578 Accessory Buildings.
154.579 Office.
154.580 Child -Free Area.
154.581 Building Permits.
154.582 Operational Standards for Manufactured Home Park
154.583 Violations.
154.584 Inspections.
154.585 Flood Plain .Management.
154.586 Storm Shelters.
Manufactured Home Park Closings
154.590 Purpose and Intent.
154.591 Notice of Closing.
154.592 Public Hearing.
154.593 Conditions of Closing.
154.594 Park Resident Statement.
154.595 Election to Receive Relocation Costs.
154.596 Election to Receive Compensation.
154.597 General. Requirements.
154.598 Limitation of Relocation Costs and Compensation.
Sexually Oriented Uses
154.610 Definitions.
154.611 Regulation.
154.612 Prohibited Uses.
154.613 Means of Enforcement.
154.614 Separability.
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City of Lake Elmo October- 30, 2006 mtg.
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PUBLIC PROPERTY / RIGHTS -OF -WAY
KEEP IN CURRENT LOCATION PER ADVICE OF CITY ATTORNEY
LAND FILLING AND EXC/GRADING OPERATIONS
LEAVE IN CHAP IER 5
SPECIALIZED HOUSING
154.560 BED AND BREAKFAST ESTABLISHMENTS:,
(A) District Application. Bed and breakfast establishments are allowed within
the GB zoning districts subject to the approvaLof a conditional use permit.
(B) Conditions of Approval. A bed and breakfast establishment may be allowed
provided that:
(1) A maximum of six (6) bed and breakfast units may be established in a
structure.
(2) The parcel on which the bed and breakfast is located shall,
accommodate at least three thousand (3.000) square feet of lot area per bed and breakfast
unit inclusive of the owner -occupants living quarters.
(3) The facility shall have a state license (hotel and food), and comp ly
with and maintain all health, safety, building and fire codes as may be required or
applicable.
(4) The fee owner shall be in residence of the structure and shall maintain
same as their Homestead and demonstrate that the structure is in part classified as
homestead for tax purposes.
(5) The principal structure shall have a minimum size of one thousand
five hundred (1.500) ,gross square feet and shall be located on a lot which meets the
minimum lot sizes of the district in which it is located and is at least one acre in size.
structure.
(6) The pro erty shall have access from a roadway classified by the
as a major collector street or higher.
Na,
(7) All bed and breakfast units shall be established within the principal
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City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
(8) Not more than the equivalent of two (2) full time persons shall be
employed by the bed and breakfast facility who are not residents of the structure.
(9) Dining and other facilities shall not be open to the general public but
shall be used exclusively by the registered guests and residents.
(10) No liquor is sold on the premises.
(11) No bed and breakfast facility shall be located closer than at least nine
hundred (900) feet from other bed and breakfast facilities as measured from property
lines.
(12) The owner -occupant of the bed and breakfast shall be allowed to host
small groups and meetings if the facility contains at least one thousand (1,000) square
feet of area for this purpose as well as a commercial kitchen that complies with all health,
safety, and building code standards. Groups and rneetings shall be limited to no more
than two (2) persons per bed and breakfast unit.
(13) Two (2) off-street parking spaces shall be provided for the facility
plus one (1) space for each bed and breakfast unit. Parking areas shall be screened and
landscaped pursuant to Section 11 i111 of this Chapter. No parking space shall be located in
the front yard of the property, other than on an existing criveway. The parking areas,
shall be improved with asphalt, but shall be exempt from other commercial parking
requirements of the Zoning Ordinance.
(14) All signing and informational or visual communication devices shall
meet the requirements pursuant to Section ### of this Chapter.
(15) Lighting shall meet the requirements pursuant to Section ### of this
Chapter.
(16) All bed and breakfast conditional use permits shall be reviewed
annually by the Zoning Administrator. If violations of City ordinances, Building Code,
or conditions of approval are found, the Zoning Administrator shall schedule a public
hearing of the Planning Commission to consider the conditional use permit and
conditions. Upon a Planning Commission recommendation, the City Council may make
adjustments to or cancel the conditional use permit.
154.561 RESIDENTIAL SHELTERS.
(A) District Application. Residential shelters are allowed within any residential
district and the public and Quasi -public zoning district of the City subiect to the approval
of a conditional use permit.
(B) Conditions of Approval. Residential shelters may be allowed provided that:
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City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
(1) The facility is owned, operated or governed by a non-profit
organization or institution.
(2) All applicable state and city laws governing such use are strictly
adhered to and all required operating permits are secured.
(3) The performance standards of this Chapter are applicable and strictly_
adhered to and said operation shall be in continuing full compliance.
(4) Meals and other services provided are limited to and as specified
under the conditional use permit.
MANUFACTURED HOME PARK (Taken from Sec. 545)
154.570 PURPOSE.
The purpose of §§ 151.135 et seq. is to promote health, safety, order, convenience, and
general welfare by enforcing minimum standards for manufactured home parks, the
location and use of the homes and the design, construction, alteration, and arrangement of
homes on the lots, authorizing the inspection of manufactured home parks, and fixing
penalties for violations.
154.571 SCOPE.
(A) Lot with occupied dwelling. No person shall park or occupy a manufactured
home on the premises of a lot with any occupied dwelling.
(B) Requirements. No person shall permit anyone to live or reside temporarily or
permanently on land owned or rented by the person except in a structure meeting the
requirements of the building and zoning ordinances of this city.
(C) Exemptions.
(1) The provisions of §§ 151.135 et seq. shall not prohibit temporary use
of a manufactured home as a single-family residence, during a period not to exceed 10
months, while the family occupying the manufactured home is constructing a residence
on the lot on which the manufactured home is located. The owner of the lot shall first
secure a building peiiuit for the permanent residence on the lot and a permit for
temporary use of a manufactured home as provided in §§ 151.135 et seq. The Building
Official may issue a permit for temporary use of a manufactured home for a period not to
exceed 10 months from the date of issuing of the permit for the permanent residence,
provided the owner shall enter into an agreement with the city, in a form satisfactory to
the City Attorney, agreeing to remove the manufactured home from the lot no later than
10 months from the date of issuance of the permit for the permanent home. The
agreement shall provide that, in the event the owner fails to remove the manufactured
4
City of Lake Elmo October- 30, 2006 mtg.
DRAFT Zoning Ordinance
home in accordance with the provisions of owner's permit, the city may cause the
manufactured home to be removed and stored in a suitable place at the owner's expense.
The owner's performance of the agreement shall be secured by a bond or a cash deposit
filed with the Administrator in the amount of $1,000.
(2) Nothing in §§: 151.135 et seq. shall prohibit the use of manufactured
homes as provided in the zoning code and § 200.07, Subd. (4)(E).
154.572 DEFINITIONS.
Unless specifically defined within §§ 151.135 et seq., common definitions, words, and
phrases used in §§ 151.135 et seq. shall be interpreted so as to give them the same
meaning throughout this code, and are found in § 11.01.
154.573 PERMITS.
No person shall attempt to establish, maintain, or operate a manufactured home park
within the city without first obtaining a permit from the Council.
154.574 APPLICATIONS.
(A) No permit for a park shall be issued by the Council until and unless the
person requesting the permit shall first apply to the City Administrator on the forum of
application to be provided by the Administrator, and shall submit with the application all
information and data specified in §§ 151.135 et seq.
(B) The application shall be in writing, signed by the applicant, and shall include
the following:
(1) Name and address of applicant;
(2) Location and legal description of the manufactured home park;
(3) Complete engineering plans and specifications of the proposed park
including, but not limited to the following:
(a) The area and dimensions of the tract of land;
(b) Two foot topography sketch of the land;
(c) The number, location, and size of all manufactured home lots;
(d) The location and width of roadways and walkways;
(e) The location of water and sewer lines and reset pipes;
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City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
(f) Plans and specifications of the water supply and refuse and
sewage disposal facilities;
(g) Plans and specifications of all buildings constructed or to be
constructed within the manufactured home park;
(h) The location and details of lighting and electrical systems; and
(i) A landscaping plan approved by the city, and that park ground
area and recreation equipment be shown on the landscaping plan, as provided by state
statute and § 151.142.
(4) A plan for the warning and sheltering or the .safe evacuation to a safe
place of shelter of the residents of the park in times of severe weather conditions, such as
tornadoes, high winds, and floods. The shelter or evacuation plan shall be developed
with the assistance and approval of the city and shall be posted at conspicuous locations
throughout the park. Residents of the park mt also be given the option of constructing
a shelter under or near their home, approved by the city and park owners; and
(5) Further information as the Council may request to enable the Council
to determine if the proposed park will comply with the legal requirements and will ensure
the protection of the best interests of the city, and its citizens as to health, welfare, and
public safety. Twenty copies of the application, and all accompanying plans and
specifications, shall be filed. The Council shall make investigations of the applicant, the
plans, the site, and any other related subjects as it maydeem necessary and proper. For
purposes of this investigation, the Council may use the services of regular city offices and
employees or the Council may employ the service of outside consultants and experts as it
may choose. This application shall be required for all area not yet occupied by
manufactured homes prior to the effective date of this section.
154.575 N'hES.
Application fees shall be set from time to time by resolution of the City Council.
154.576 HEARING:
The Council shall provide for a public hearing before granting a park permit. Notice of
the hearing shall be made by publication in the official city newspaper. Publication shall
be made at least 10 days prior to the date of hearing. All property owners within 350 feet
shall also be notified by mail.
154.577 DESIGN STANDARDS.
A park shall conform to the following requirements.
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City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
(A) Location. Drainage. The park shall be located on a well -drained site
properly graded to ensure prompt drainage of surface and storm waters and to ensure
freedom from stagnant pools of water.
(B) Lot size. Individual manufactured home lots shall be provided consisting of
a minimum of 6,000 7,800 square feet each, and shall be at least 69 65 feet wide, which
size lot all'r o fa a mairrs\.irn length me ufactured home of 55 feet. and a depth of not
less than one hundred twenty (120) feet. Larger homes will require longer lots to comply
with the following division (B)(3) below, and other requirements of §§ 151.135 et seq.
Changes to lot width and lot depth requirements may be allowed by conditional use
permit as regulated by Section 21115.04 Subd. 4 of this Chapter..
(C) Each manufactured home shall have frontage on an approved roadway. Lot
markings. The limits of each manufactured home lot shall be clearly marked on the
ground by permanent flush stakes, markers, or other suitable means and the manufactured
home lot limits shall be the same as shown on the accepted plans. Each lot shall be
numbered.
(D) Clearance between homes. Manufactured homes shall be placed upon lots so
that there shall be at least a 20 foot clearance between homes. and 20 feet between the
front of the h me and the front 1 t line and 25 .3t between the rear of tho homo r d
rear lot line.
(E) Lot Setbacks. Individual manufactured home lot setbacks:
In manufactured home parks created after 1 July 1997, no manufactured home shall be
located closer than ten (10) feet to a side or rear lot line. The front yard setback shall be
at least thirty (30) feet from the street surface. Under no conditions ohall a home be
located closer than 30 foc to a p-Pr c road right of v�.r,' lin3. On corner lots. the side
yard setback shall be at least twenty (20) feet from the street surface. No manufactured
home. shall be located within 125 feet of the existing or planned -for edge of the traveled
part of a public road.
(G) Internal streets. All streets shall be Internal private streets within the park
and shall have a driving surface no less than 32 feet in width and shall have unobstructed
access to a public street, road, or alley, shall meet city engineering design standards, and
be posted 20 mph speed limit.
(H) Walkways. Walkways shall be no less than 2 feet in width.
(I) Driveways and sidewalks. All driveways and sidewalks shall be hard surfaced
and shall be no closer than 5 feet from park boundary.
(J) Utilities. Utility
(1) Each park shall have the utility buildings as are required by state law.
7
City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
(2) All manufactured home narks The park shall be serviced by a central
sanitary sewer system and a central water system approved by the Department of Health
of the State of Minnesota, and by the Council. The owner shall nay any rectuired sewer
and water connection fees to the City.
(3) Surface watm ohall b3 o c pkix approved by
the city. All installations for disposal of surface storm water must be approved by the
City.
(4) All utility connections shall be as approved by theCity.
(5) The source of fuel for cooking, heating_ , or other purtoses at each
manufactured home site shall be as approved by the City` s
(6) All utilities shall be under ground; there shall be no overhead wires or
supporting Holes except those essential for street or other lighting nurroses.
(7) No obstruction shall be permitted that impedes they inspection of
plumbing, electrical facilities, and related manufactured home equipment.
by the City.
the City.
(8) The method of garbage, waste, and trash disposal must be approved
(9) Their shall nay inspection and testing fees for utility service to
(K) Landscaping.
(1) Parks shall be landscaped as the Council shall approve and direct in
the specifications established in the permit.
(2) The landscaping may be ordered by the Council as appears necessary
and proper to cause the appearance of the park to harmonize with the general appearance
of the surrounding neighborhood and to provide borderline screening if deemed
advisable. The landscaping must also follow the landscaping regulations as outlined in
Section
(L) Electric. Electrical service shall be provided for each manufactured home,
with service to be at least 110 volt, 100 ampere capacity.
(M) Parking. Each manufactured home lot shall have off-street parking space for
at least two (21 automobiles. All narking spaces shall be hard surfaced according to
specifications established by the City.
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City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
(N) Open space and Recreation. Public open spaco ohall he pmvic'ed as set forth
in § 153.16. The minimum area required for a manufactured home nark designation shall
be twenty (20) acres. All manufactured home barks shall have at least ten (10) percent of
the land area developed for recreational use (tennis courts, children's play equipment,
swimming pool, golf green, etc.). The recreational use shall be developed and
maintained at the owner/operator's expense.
(0) Lights. A lighting system for the park grounds approved by the Council shall
be installed and lighting provided from sunset to sunrise. Artificial light shall be
maintained during all hours of darkness in all buildings containing public toilets, laundry
equipment, and the like.
(P) Hydrants. Fire hydrants shall be installed and connected as necessary.
(Q) Foundations.
(1) All dwellings shall be plaid -on a permanent foundation or anchored
to resist overturning, uplift, and sliding in compliance with the Minnesota State Building
Code.
(2) Foundation Enclosure. The area beneath a manufactured home shall
be enclosed except that such enclosure must have access for inspection.
(R) Building Height Requirements. No structure shall exceed one (1) story or
twenty-five (25) feet. whichever is least.
(S) Outdoor Camping. There shall not be outdoor camping anywhere in a
manufactured home nark
(T) Commuwity Building. A manufactured home park shall have an adequate
central community building. Such .building must be provided with rest room facilities,
have" adequate heating in all areas. and be maintained in a safe, clean and sanitary
condition.
(U) Storage. Exterior storage on individual manufactured home lots shall comply
with the provisions of Section 21105.11 of this Chapter.
(X) Landscaping. All manufactured home Darks shall be landscaped as required
by Section 21130.03. Subd. 2 of this Chanter.
154.578 ACCESSORY BUILDINGS.
(A) Limit. Accessory buildings including garages shall be limited to one (1) per
manufactured home lot. Maximum allowable floor area shall not exceed six (6) percent
of the lot size in manufactured- home parks where lot size is delineated by site plan or lot
markers.
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City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
(B) Maximum Building Height. Fifteen (15) feet.
(C) Location. The manufactured home park site plan shall designate the
locations proposed for the development of garages and/or accessory buildings on each
manufactured home. Said accessory buildings shall comply with the following setback
requirements:
(1) An accessory building shall only be located in side or rear yards.
(2) Accessory buildings shall not be located within any utility easements.
(3) In manufactured home parks and on manufactured home parks lots
established after 1 July 1997. all accessory buildings located on individual manufactured
home unit lots shall be owned, constructed, and maintained by the manufactured home
park owner. All accessory structures shall be established as part of a predetermined site
plan and subiect to the approval of the City Council.
(D) Building Type and Construction. Any building addition shall either be
manufactured or custom built of materials that are consistent or compatible to the design
of the principal building. "Compatible" means that the .exterior appearance of an
accessory building is not at variance with the principal bUildiuf from an aesthetic and
architectural standpoint to cause:
building.
(1) A difference to a degree to cause incongruity with the principal
(2) A deviation from the general character of the neighborhood.
(3) A denreciatipn of neighborhood values or adiacent property values..
(4) A nuisance. Types of nuisance characteristics include, but are not
limited to noise. dust, odors,glare and unsightly building exterior.
154.579 OFFICE.
Each park shall have an office for the use of the operator distinctly marked "office" and
the marking shall be illuminated during all hours of darkness.
154.580 CHILD -FREE AREA.
Each park plan may provide for an area of lots within the park reserved for residents
without minor children, not to exceed 1/3 of the individual lots.
154.581 BUILDING PERMITS.
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City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
A building permit shall be required for each manufactured home brought into a park and
any alterations to a structure (fences, storage. decks, etc.) in a manufactured home park.
Fences shall be prohibited on individual manufactured home lots..
154.582 OPERATOR. OPERATIONAL STANDARDS FOR MANUFACTURED
HOME PARK
(A) Maintenance. The operator or duly authorized agent or caretaker shall be
responsible in atte d nee at -the park at all times and shall keep the manufactured home
park, its facilities and equipment in a clean, orderly, sanitary condition. The attendant or
caretaker shall be answerable, along with said operator. for the violation of any,
provisions of these regulations to which said operator is subject.
(B) Inspections Prior to Sale. Prior to the sale of .a manufactured home within a
manufactured home park, the operator of a manufactured home park or the duly
authorized attendant and/or caretaker must inform the Building Official of the
Prospective sale and provide him with a completed copy of the Manufactured Home
Safety Disclosure Form reauired by Minnesota Statutes, Section 327.07, Subdivision 3A..
(C) Permits. Prior to a manufactured home being moved into a lot, the owner
shall apply for and obtain a building "`permit for the (foundation) blocking to State Code
and a permit for connection to public sewer and water. The application for permits shall
be accompanied by a site plan, drawn to scale, detailing the unit placement, accessory
structures. and setbacks.
(D) Upgrading. Prior to locating a manufactured home housing unit constructed,
prior to '1 July 1972. on a lot within a manufactured home park within the City, said unit
shall be upgraded to current Life safety codes and subject to the approval of the Building
Official.
(E) Street Maintenance. All private internal streets in manufacturing home parks,
shall b'e maintained by the park owner in a good state of repair, free from obstructions,
encumbrances. depressions, pot hies, and break ups. Snow shall be promptly plowed,
and removed from streets and adiacent mail boxes and fire hydrants, so that snow or
snow piles do not constitute a safety hazard to motorists and pedestrians, or constitute an
obstruction to emergency service vehicles. Icy streets and areas adiacent to mail boxes,
shall be promptly sanded. "Promptly" shall mean no later than twenty-four (24) hours
after the end of a snow fall or in the case of ice within twenty-four (24) hours after it was,
formed.
154.583 VIOLATIONS.
Failure to comply with any provision or requirement of §§ 151.135 et seq. or with any
provision or requirement imposed upon the park or owner or operator by the terms of the
permit or the terms of any contract agreement or -stipulation entered into or imposed by
the Council as part of or in connection with the permit shall be cause for revocation of the
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City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
park permit by the Council after a 10-day mailed notice of violation and time and place of
hearing to the owner and operator and a hearing by the Council. Compliance with the
terms of §§ 151.135 et seq. shall be a condition precedent to the issuance of a state
license and shall run with the license so as to be an essential part of the license. Upon
revocation of a permit by the Council, no further occupancy of the manufactured homes
in the park shall be allowed. However, the Council may allow a reasonable time for
termination of occupancy. This section shall apply in all respects to any violation of
provisions previously in effect that continue to control existing occupied park areas.
154.584 INSPECTIONS.
(A) Compliance with ordinance. The Building Inspector is authorized and
directed to make inspections as are necessary to determine satisfactory compliance
with §§ 151.135 et seq., including the power to enter at reasonable times upon any private
or public property for inspections.
(B) Registration record. The Building Inspector, the County Sheriff, or their duly
authorized representatives, shall have the power to inspect the register containing a
record of all residents of the manufactured home park.
(C) Access. It shall be the duty of the park management to give the Building
Inspector free access to all lots at a reasonable time for the purpose of inspection.
(D) Repairs. It shall be the duty of every occupant of a manufactured home park
to give the owner of the park or owner's agent or employee access to any part of the
manufactured home park at reasonable times for the purpose of making repairs or
alterations that are necessary to effect compliance with §§,151.135 et seq.
154.585 FLOOD PLAIN MANAGEMENT.
(A) Requirements. New manufactured home parks and expansions to existing
manufactured home parks shall be subject to the provisions placed on subdivisions by §
153.03(F).
(B) Existing parks in flood plain districts. Manufactured homes in existing
manufactured home parks that are located in flood plain districts are non -conforming uses
and may be replaced only if in compliance with the following conditions:
(1)
The manufactured home lies in the flood fringe district;
(2) The manufactured home is anchored with tie -downs that comply
with requirements of Minnesota Statutes;
(3) The manufactured home owner or renter is notified that the
manufactured home site lies in the flood plain and may be subject to flooding; and
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(4) The manufactured home park owner develops a flood emergency
plan consistent with the time available after a flood warning. The plan shall be filed with
and approved by the Council.
154.586 STORM SHELThRS.
Emergency Storm Protections. Manufactured home parks established prior to 1 July
1993 shall comply with emergency storm protections as required by Minnesota Statutes.
A new manufactured home park established after 1 Julv 1997 shall have storm shelters in
compliance with Minnesota Statutes. Additionally , all emergency storm protection
measures shall be subiect to the approval of the City.
(A) Manufactured home park owners shall adopt regulations relating to the use
and maintenance of storm shelters. A copy of the regulations or any amendments thereto
shall be kept on file with the Administrator, the Civil < Defense Director, the Fire Chief,
and the Washington County Sheriffs Department.
(B) The regulations shall address the following minimum concerns.
(1) Maintenance of <;,shelters. The regulations shall include a routine
maintenance schedule in order to control vandalism and maintain the shelters in a
sanitary and safe manner. During the storm season, shelters shall be checked at least
once during each business day by a representative of the manufactured home park
owners. As used herein, storm season means the period between April 1 and September
15 of each year.
(2) "Shelter access map. An access map illustrating the most convenient
route from an individual manufactured home to a designated storm shelter shall be
disseminated in the following manner.
(a) A copy shall be delivered to each manufactured home owner
within the park.
(b) A copy shall be included with the park "move -in" information
packets for each new tenant.
(c) Copies shall be posted on any manufactured home park
community bulletin board.
(d) A copy shall be posted in the club house of the golf facility at
the manufactured home park.
office.
(e) A copy shall be available at the manufactured home park
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(3) Storm shelter drills. Storm shelter drills shall be conducted at a
reasonable time in the spring of each year prior to the storm season. The Lake Elmo
Civil Defense Director and the Fire Chief shall be given 72 hours advance notice of any
proposed storm shelter drill. The park owner shall include within their regulations
relating to storm shelter drills any recommendations of the Civil Defense Director and/or
Fire Chief.
(4) Periodic review. On an annual basis, park owners shall solicit
comments from park residents and the Administrator regarding the effectiveness of
current storm shelter regulations or proposals for changes to the regulations.
MANUFACTURED HOME PARK CLOSINGS (Taken from 550 Manufactured Home Park
Closings)
154.590 PURPOSE AND INTENT.
(A) Based upon the difficulty and expense of relocating manufactured homes and
the availability of manufactured home parks within :a reasonable distance of the city, the
Council finds that the public health, safety, and welfare of city residents will be promoted
by adopting regulations relating to the payment of relocation costs and compensation in
the event of the closing of all or a portion of a manufactured home park.
(B) The purpose of the regulation is to define the regulations which will apply to
manufactured home park closings and is adopted pursuant to the authority granted by
M.S. § 327C.095, as it may be amended from time to time.
154.591 NOTICE OF CLOSING.
At least 9 months prior to the anticipated date for the full or partial park closing, the park
owner shall:
(A) Personally serve a copy of the closure statement on at least 1 adult resident of
each manufactured home within the manufactured home park; and
(B) Personally serve the City Administrator with a copy of the closure statement,
a current resident list, and a plan for funding the relocation costs and compensation which
will be required as a condition of closing.
154.592 PUBLIC HEARING.
(A) The City Administrator shall forward the closure statement to the Planning
Commission for comment.
(B) Upon review by the Planning Commission, the City Administrator shall
schedule a public hearing before the Council preceded by 10-days mailed notice to
people whose names appear on the resident list.
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(C) Failure to notify all park residents shall not invalidate the public hearing.
(D) At the public hearing, the Council shall review the closure statement, receive
comments, and evaluate the impact of the manufactured home park closing on the park
residents, the city's resources, and its Comprehensive Plan.
154.593 CONDITIONS OF CLOSING.
As a condition of closing, the park owner shall pay relocation costs to eligible park
residents or the park purchaser shall pay compensation to eligible park residents as
provided subsequently in §§ 151.165 et seq. Development and/or building permits shall
not be issued for subsequent uses of the manufactured home park property until the park
owner has complied with the city's development regulations and until the park owner
and/or park purchaser have made arrangements, acceptable to the city, for funding
relocation costs and compensation required by §§ 151.165 et seq.
154.594 PARK RESIDENT STATEMENT.
Within 90 days of receipt of a closure notice, a park resident shall provide the park owner
with a written statement of relocation costs or, in the alternative, a written statement that
the park resident cannot relocate the park resident's manufactured home to another
manufactured home park within a 25 mile radius and the reasons for the conclusion.
154.595 ELECTION TO RECEIVE RELOCATION COSTS.
(A) Single section manufactured homes. If a single section manufactured home
can be relocated to another manufactured home park within a 25 mile radius, the park
owner shall pay eligible park residents' relocation casts as defined in §§ 151.165 et seq..
or, an amount equal to $3,500, whichever is less.
(B) Double section manufactured homes. If a double section manufactured home
can be relocated to another manufactured home park within a 25 mile radius, the park
owner shall pay eligible park residents' relocation costs as defined in §§ 151.165 et seq..
or, an amount equal to $5,000, whichever is less.
(C) Relocation payments. The park owner shall make relocation payments
directly to contractors providing the relocation service, but, upon proof of payment of the
relocation costs by an eligible park resident, shall reimburse the eligible park resident
directly for the relocation costs. The park owner shall be entitled to receive adequate
documentation of relocation costs, including costs of proposals, invoices, estimates, and
contracts for relocation services.
(D) Maximum relocation payment. The maximum relocation payment specified
in divisions (A) and (B) above shall be adjusted on January l of each year commencing
on 1-1-1992, based upon the change in the consumer price index, Minneapolis -St. Paul,
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for all urban consumers (CPI-U) as published in the Bureau of Labor Statistics of the
United States Department of Labor. The amount of the adjustment shall be equal to the
percentage of change in the CPI-U on the date of adjustment over the CPI-U in effect on
January 1 of the preceding year.
154.596 ELECTION TO RECEIVE COMPENSATION.
(A) If a manufactured home cannot be relocated to another manufactured home
park within a 25 mile radius, an eligible park resident shall elect 1 of the following
options by giving written notice to the park owner who shall forward the notice to the
park purchaser, and the compensation payment provided for in §'§ 151.165 et seq. shall be
paid within 30 days prior to the date of the closing on the sale of the manufactured home
park.
(B) (1) Retaining title. The eligible park resident may elect to receive
compensation in an amount equal to the average relocation cost provided to eligible park
residents for the relocation of similar housing, in which event the park purchaser shall
pay the compensation and the eligible park resident shall retain title to the manufactured
home and be responsible for its prompt removal from the manufactured home park; or
(2) Title transfer. The eligible park resident may elect to receive
compensation in an amount equal to the estimated fair market value of the manufactured
home as determined by an independent appraiser experienced in manufactured home
appraisals. The appraisal shall be made no earlier than 60 days prior to the closing of the
park or its conversion to another use in order to ensure that the current fair market value
of the eligible park residents' manufactured 'home is appraised. The park purchaser and
the eligible park -resident shall each pay 1/2 of the cost of the appraisal. The park
purchaser shall pay the compensation to the eligible park resident upon transfer of clear
title to the manufactured home.
154.597 GENERAL REQUIREMENTS.
(A) Vacation of manufactured home from park. Displaced park residents cannot
be required to vacate the manufactured home park until 60 days after conclusion of the
public hearing before the Council.
(B) Partial closure. If there is a partial closure of the manufactured home park
and other lots remain available within the same manufactured home park, the park owner
must allow displaced residents an opportunity to relocate within the manufactured home
park unless the displaced resident's manufactured home, because of its size, is not
compatible with the available lot.
154.598 LIMITATION OF RELOCATION COSTS AND COMPENSATION.
The total amount of relocation cost and compensation to be paid to eligible park residents
shall not exceed 20% of the estimated market value of the manufactured home park, as
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City of Lake Elmo October 30, 2006 mtg.
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stated in the property tax statement for the year in which the closure statement is served
on the City Administrator. If the total of the relocation cost and compensation payable to
eligible park residents exceeds this limitation, the relocation costs and compensation
payable to each eligible park resident shall be decreased proportionately so that the total
of the relocation costs and compensation does not exceed the limitation stated in this
section.
SEXUALLY ORIENTED USES
154.610 DEFINITIONS.
For the purposes of this ordinance, the following terms shall be defined as set forth
below:
(A) Adult Establishment. Adult Establishment means:
(1) Adult Patronage. Any business that is conducted exclusively for
the patronage of adults and that excludes minors from patronage, either by operation of
law or by the owners of the business..
(2) Receipts: Floor Area: Types of Merchandise. Any business that (i)
derives 25% or more of its gross receipts during any calendar month from, or (ii) devotes
25% or more of its floor area (not including storerooms, stock areas, bathrooms,
basements, or anv portion of the business not open to the public) to items, merchandise,
devices or other materials distinguished or characterized by an emphasis on material
depicting, exposing,' describing. discussing, or relating to Specified Sexual Activities or
Specified Anatomical Areas: or
(3) Adult Usage. Any business that engages in anv Adult Use.
(B) Adult Uses. Generally. "Adult Uses" are premises, enterprises,
establishments. businesses or places open to some or all members of the public at, or in
which, there is an emphasis on the presentation, display, depiction or description of
Specified Sexual Activities or Specified Anatomical Areas which are capable of being
seen, heard, or smelled by members of the public. Adult Uses include, but are not limited
to, the following:
(1) Adult Body Painting Studio. An establishment or business which
provides the service of applying paint or other substance, whether transparent or non -
transparent, to or on the body of a patron when such body is wholly or partially nude in
terms of "Specified Anatomical Areas."
(2) Adult Bookstore. A building or portion of a building used for the
barter. rental or sale of items consisting of printed matter specifically included, but not
limited to, greeting cards, pictures, slides, records, audio tape, videotape or motion
picture film if such building or portion of a building is not open to the public generally
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but only to one or more classes of the public excluding any minor by reason of age or if a
substantial or significant portion of such items are distinguished or characterized by an
emphasis on the depiction or description of Specified Sexual Activities or Specified
Anatomical Areas.
(3) Adult Cabaret. A building or portion of a building used for
providing dancing or other live entertainment, if such building or portion of a building
excludes minors by virtue of age or if such dancing or other live entertainment is
distinguished or characterized by an emphasis on the presentation, display. depiction or
description of Specified Sexual Activities or Specified Anatomical Areas.
(4) Adult Companionship Establishment. A companionship
establishment which excludes minors by reason of age, or which provides the service of
engaging in or listening to conversation, talk or discussion between an employee of the
establishment and a customer, if such service is distinguished or characterized by an
emphasis on Specified Sexual Activities or Specified Anatomical Areas.
(5) Adult Conversation/Rap Parlor. A conversation/rap parlor which
excludes minors by reason of age, or which provides the service of engaging in or
listening to conversation, talk or : discussion, if such service is distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified Anatomical
Areas.
(6) Adult Health/Sport Club. A health/sport club which excludes
minors by reason of age. or if such club is distinguished or characterized by an emphasis
on Specified Sexual Activities or Specified Anatomical Areas.
(7) Adult Hotel or Motel. Adult hotel or motel means a hotel or motel
from which minors are specifically excluded from patronage by reason of age and
wherein material is presented which is distinguished or characterized by an emphasis on
matter depicting, describing or relating to Specified Sexual Activities or Specified
Anatomical Areas.
•
(8) Adult Massage Parlor, Health Club. A massage parlor or health
club which restricts minors by reason of age, or which provides the services of massage,
if such service is distinguished or characterized by an emphasis on Specified Sexual
Activities or Specified Anatomical Areas.
(9) Adult Motion Picture Theater. A building or portion of a building
used for presenting material if such building or portion of a building as a prevailing
practice excludes minors by reason of age, or if such material is distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified Anatomical
Areas for observation by patrons therein.
(10) Adult Modeling Studio. A modeling studio which restricts minors
by reason of age, or whose maior business is the provision, to customers, of figure
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models who are so provided with the intent of providing sexual stimulation or sexual
gratification to such customers, or who engage in Specified Sexual Activities or display
Specified Anatomical Areas while being observed, painted, painted upon, sketched,
drawn, sculptured, photographed, or otherwise depicted by such customers.
(11) Adult Motion Picture Arcade. Any place to which the public is
permitted or invited wherein coin or slug -operated or electronically, electrically or
mechanically controlled or operated, still or motion picture machines, proiectors or other
image -producing devices (including, but not limited to images from CD-ROM and/or the
Internet) are maintained to show images to five or few persons per machine at any one
time, and where the images so displayed are distinguished or characterized by an
emphasis on depicting or describing Specified Sexual Activities or Specified Anatomical
Areas.
(12) Adult Novelty Business. An establishment or business engaged in
the sale of novelty items which:
(a) Restricts minors by reason of their age: or
(b) Has asits principal activity the sale of devices and other
products which:
1. Stimulate human genitals or devices which are
designed to create sexual stimulation or excitement: or,
2 Are otherwise designed to stimulate or arouse
sexual excitement in any manner whatsoever,' specifically including , but not limited to,
items such as inflatable dolls or similar devices: or,
3. Is distinguished or characterized by an emphasis on
Specified Sexual Activities or Specified Anatomical Areas.
(13) Adult Sauna. A sauna which excludes minors by reason of age, or
which provides a steam bath or heat bathing room used for the purpose of pleasure,
bathing, relaxation, or reducing utilizing steam or hot air as a cleaning, relaxing or
reducing agent, if the service provided by the sauna is distinguished or characterized by
an emphasis on Specified Sexual Activities or Specified Anatomical Areas.
(14) Adult Steam Room/Bathhouse Facility. A building or portion of
building used for providing a steam bath or heat bathing room used for the purpose of
pleasure. bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning, relaxing
or reducing agent if such building or portion of a building restricts minors by reason of
age or if the service provided by the steam room/bathhouse facility is distinguished or
characterized by an emphasis on Specified Sexual Activities or Specified Anatomical
Areas.
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(C) Specified Anatomical Areas. "Specified Anatomical Areas" are defined as
follows:
(1) Female. Less than completely and opaquely covered human
genitals, pubic region, buttock, anus, or female breast(s) below a point immediately,
above the top of the areola; and,
(2) Male. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered.,
(D) Specified Sexual Activities. "Specified Sexual Activities" are defined as,
follows:
(1) General Sexually Oriented Acts. Actual or simulated:
(a) Sexual intercourse;
(b) Oral copulation;
(c) Anal intercourse;
(d) Oral -anal copulation;
(e) Bestiality;
female breast;
relationship;
relationship; or,
(f) Direct physical stimulation of unclothed genitals or the,
(g) Flagellation or torture in the context of a sexual,
(h) The use of excretory functions in the context of a sexual
(i) Any of the following sexually -oriented acts or conduct:
anilingus, buggery, coprophagv, coprophilia, cunnilingus, fellatio, necrophilia, pederasty,,
pedophilia, piquerism, sapphism, zooerasty; or,
(2) Genitalia. Any clear depiction of human genitals in the state of
sexual stimulation, arousal or tumescence.
(3) Certain Uses and Activities. Use of human or animal ejaculation,
sodomy, oral copulation, coitus, or masturbation.,
(4) Touching: Fondling or touching of nude human genitals. public
region, buttocks, or female breast.
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City of Lake Elmo October 30, 2006 mtg.
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(5) Nature of Clothing, or Lack Thereof. Situations involving a person
or persons, any of whom are nude, clad in undergarments or in sexually revealing
costumes and who are engaged in activities involving the flagellation, torture, fettering ,
binding or other physical restraint of any such person.
(6) Animals. Erotic or lewd touching, fondling or other sexually -
oriented contact with an animal by a human being.
irrigation.
(7) Irrigation. Human excretion, urination, menstruation, vaginal
(8)
Minor. An individual under eighteen (18) years of age.
154.611 REGULATION.
(A) Location Restrictions. The restrictions set forth below shall apply to the
location of Adult Establishments.
(1) No Adult Establishment shall be operated or maintained except
within the zoning district pursuant to a Conditional Use Permit.
(2) No Adult Establishment shall be operated or maintained within
1000 feet of any residential district, public or private school with students under the age
of 18, child day care center. or religious place of worship. or within 500 feet of another
adult establishment. Distance shall be measured from the closest point of the lot lines of
subiect uses.
(B) Sign Requirements. In addition to the requirements of sign regulations in
Section ### (and as subsequently amended). all businesses regulated under this chapter
shall °limply with the following sign requirements:
(1) All signs shall be wall signs.
(2) No merchandise or pictures of the products or entertainment on the
premises shall be displayed in window areas or in any area where they can be viewed
from a public street or sidewalk in front of the building.
(3) Window areas shall not be covered or made opaque in any way.
(4) No sign shall be placed in any window.
(5) A one square foot sign shall be placed on the door of the
establishment to state hours of operation and admittance is limited to adults only.
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(6) Sign content shall be limited to text only. . Text is limited to the
name of the business and its address.
(7) Where any provisions of this section conflict with Sign Ordinance,
the provision that is more stringent shall be applied.
(C) Physical Layout of Business. Any Adult Establishment having available
for customers, patrons or members, a booth, room or cubicle for the private viewing of
any Specified Anatomical Areas or Specified Sexual Activities must comply with the
following requirements:
(1) Each booth, room or cubicle shall be totally accessible to and from
aisles and public areas of the Adult Establishment and shallbe:unobstructed by any door,
lock or other control type devices.
(2) Every booth, room or cubicle shall meet the following construction
requirements:
(a) Each booth, room or cubicle "shall be separated from
adjacent booths. rooms and cubicles and any non-public areas by a wall.
(b) Have at least one side totally open:`to a public lighted aisle
so there is an unobstructed view at all times of anyone occupying the area.
(c) All walls shall be solid and without any openings, extended
from the floor to a .height of not less than six feet and be light colored, non -absorbent,
smooth textured and easily cleanable.
(d) The floor must''` be light colored. non -absorbent. smooth
textured and easily cleanable.
(e) The lighting level of each booth, room or cubicle when not
in use shall be a minimum of 10 foot candles at all times, as measured from the floor.
(3) Only one individual shall occupy a booth, room or cubicle at any
time. No occupant of a booth, room or cubicle shall engage in any type of sexual
activity, cause any bodily discharge or litter while in the booth. No individual shall
damage or deface any portion of the booth.
(D) License Required.
(1) From and after the effective date of this ordinance no Adult
Establishment shall be operated or maintained in the City of Lake Elmo without first
obtaining a license to operate issued by the City.
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(2) A license may be issued for only one Adult Establishment located
at a fixed and certain place. Any person, partnership or corporation which desires to
operate more than one Adult Establishment shall have a separate license for each such
business.
(3) No license or interest in a license may be transferred to any person,
partnership, corporation, or other entity.
(4) Only one licensed adult establishment may be operated:
(a) Within a single building; or,
(b)
Upon a single tax parcel.
(5) No liquor license shall be issuttil an adult establishment.
(E) Application for License.
(1) Any person, partnership or corporation desiring to secure a license
shall make application to the City Clerk.
(2) The application for a license shall be upon a form provided by the
City.
(3) An applicant shall furnish the following information:
(a) Names, addresses and dates of birth of applicant and spouse
if any.
(b) Written proof that the applicant is at least eighteen years of
age.
Address of the Adult Establishment to be operated by the
applicant.
(d)-`Y The name of the City, County and State, if any. where the
applicant previously operated an Adult Establishment.
(e) Whether the applicant has ever been convicted of a felony
involving sexual conduct, the use or distribution of controlled substances or the use or
distribution of a dangerous weapon. If the answer to the last is yes, state the jurisdiction
in which the offense or offenses occurred. The applicant may attach any explanation he
or she deems appropriate.
(f) If the applicant is a corporation (partnership[LLC/trust or
other business entity which is not a natural person), the name of the corporation, the date
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City of Lake Elmo October 30, 2006 mtg.
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and state of incorporation, the name and address of the registered agent and the name and
address of all shareholders owning more than five percent of the stock in said corporation
and all officers and directors of the corporation.
(4) Within sixty days of receiving a completed application for a
license, the City Clerk shall submit the application to the City Council for approval or
denial.
(5) Failure or refusal of the applicant to give any information relative
to the investigation of the application shall constitute grounds for denial of the license.
(F) Standards for Issuing Licenses.
(1) To receive a license to operate an Adult Establishment, an
applicant must meet the following standards:
(a) The applicant mist be eighteen years of age or older.
(b) The applicant or his or "her spouse has not been denied a
similar license by any other city, county or state within the preceding twelve months or
has not had such a license revoked or suspended within the preceding twelve months.
(c) All current real estate taxes have been paid on the licensed
premises.
(d) The licensed i remise meets all the provisions of this
Chapter as well as all building and fire codes.
(e) The applicant or spouse has not been convicted of any
felony involving moral turpitude. prostitution, obscenity or other crime of a sexual nature
or involving the use or distribution of a controlled substance as defined by Minnesota
laws; or the use or distribution of a dangerous weapon. The fact that a conviction may be
under appeal shall not affect the disqualification of the applicant.
All license and investigation fees required by this Chapter
have been paid.
(2) For the purposes of this section the term "applicant" shall include
an individual, all persons having a financial interest in a partnership or ioint venture, and.
in the case of a corporation (partnership/LLC/trust or other business entity which is not a
natural person), all officers, directors and stockholders required to be named in the
application.
(3) All police, fire and building code investigations shall be completed
within twenty-one days after the date the completed application is filed with the City
Clerk. Upon a showing of good cause and reasonable diligence on the part of an
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City of Lake Elmo October 30, 2006 mtg.
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investigator, the City Council may extend the investigation period for a reasonable time.
Any investigation not completed within the allotted time period shall be deemed to be
waived.
(G) License Fees.
(1) The annual license fee to operate an Adult Establishment shall be
determined by the City Council by resolution.
(2) In addition to the annual license fee, an investigation fee in an
amount determined by the City Council by resolution shall be paid at the time of the
initial license application.
(3) All appropriate fees shall be submitted along with the application
for a new or renewal license.
(4) If an application is denims; the license fee, but not the investigation
fee, shall be refunded to the applicant.
(H) Display of License. The license shall be displayed in a conspicuous public
place in the Adult Establishment.
(I) Renewal of License.
(1) Every license issued pursuant to this chapter shall expire at 12:00
midnight on December 31st of each year unless sooner revoked by the City Council, and
must be renewed before operation is allowed in the following year.
(2) Applications for renewal must be submitted with the annual license
fee to the City Clerk not later than sixty days before the license expires.
(3) Renewal of a license may be issued by the City Clerk unless the
Clerk finds cause for not renewing the license in which case the Clerk shall submit the
renewal application to the City Council prior to the expiration of the license.
(4) No license for which application for renewal has been timely made
shall be deemed to expire until the City Council has rendered its decision not to renew a
license. No application for renewal of a license may be denied by the City Council until
after the applicant has received ten days' written notice of a public hearing before the
Council. The applicant may appear with or without counsel at that public meeting and
may present such evidence and witnesses, as he or she deems appropriate.
(J) Revocation of License.
reasons:
(1) The City Council shall revoke a license for any of the following
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City of Lake Elmo October 30, 2006 mtg.
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(a) Discovery that false or misleading information or data was
given on any initial or renewal application or material facts was omitted from any such
application.
(b) The operator or an employee of the operator violates any
provisions of this chapter or any rule or regulation adopted by the Council pursuant to
this Chapter, provided, however, that in the case of a first offense by an operator where
the conduct was solely that of an employee the penalty shall not exceed a suspension of
thirty days if the Council finds that the operator had no actual or constructive knowledge
of such violation and could not by the exercise of due diligence have had such actual or
constructive knowledge.
(c) The operator becomes ineligible to obtain a license.
(d) Any cost or fee required to be paid by this ordinance is not
paid.
(e) Any intoxicating liquor or cereal malt beverage is served or
consumed on the premises of the Adult Establishment.
(2) The Council, before revoking or suspending any license, shall give
the operator ten days written notice of the charges against him or her. and an opportunity
for a public hearing before the Council at which time the operator may appear with or
without counsel and may present such evidence and witnesses as he or she deems
appropriate.
(3) The transfer of a license or any interest in a license shall
automatically and immediately revoke the license.
(4) Any operator whose license is revoked shall not be eligible to
receive a license for one year from the date of revocation. No location or premises for
which a license has been issued stall be used as an Adult Establishment for six months
from the date of revocation of the license.
(K) Responsibilities of Operator.
(1) Every act or omission by an employee constituting a violation of
the provisions of this Chapter shall be deemed the act or omission of the operator if such
act or omission occurs either with the authorization, knowledge or approval of the
operator, or as a result of the operator's negligent failure to supervise the employee's
conduct, and the operator shall be punishable for such act or omission in the same manner
as if the operator committed the act or caused the omission.
(2) Any -act or omission- of any -employee constituting a violation of
the provisions of this Chapter shall be deemed the act or omission of the operator for
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City of Lake Elmo October 30, 2006 mtg.
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Purposes of determining whether the operator's license shall be revoked, suspended or
renewed.
(3) No employee of an Adult Establishment shall allow anv minor to
loiter around or to frequent the Adult Establishment or to allow anv minor to view
Specified Anatomical Areas or Specified Sexual Activity at the Adult Establishment.
(4) The operator shall maintain the premises in a clean and sanitary_
manner at all times.
(5) The operator shall maintain at least ten -foot candles of light in the
public portions of the establishment, including aisles, at all times as measured from sixty
(60) inches above the floor. However, if a lessor level of illumination in the aisles shall
be necessary to enable a patron to view the adult entertainment in a booth, room or
cubicle adioining an aisle, a lesser amount of illumination may be maintained in such
aisles, provided, however, at no time shall there be less than 1 foot candle of illumination
in said aisles as measured from the floor.
(6) All business transactions shall occur within the licensed building.
(7) No employee la have been convicted of any felony involving
moral turpitude, prostitution, obscenity or other crime of a sexual nature or involving the
use or distribution of a controlled substance as defined by Minnesota laws, or the use or
distribution of a dangerous weapon. The fact that a conviction may be under appeal shall
not affect the disqualification of the employee.
(8) No minor may be emplovedbv or work at an Adult Establishment.
(9) The operator shall ensure and be responsible for the compliance of
the establishment and its patrons with the provisions of this Chapter.
(L) Exclusions. All public and private schools or churches located within the
City of Lake Elmo are exempt from obtaining a license hereunder when instructing pupils
in sex education as part of its curriculum.
(M) No Minors. No person under the age e of 18 shall be permitted to be present
in an Adult Establishment.
(N) Hours of Operation. The hours of operation for any business licensed
under this Chapter shall be between 9:00 AM to midnight.
(0) Penalties.
(1) Any individual. partnership or corporation (partnership/LLC/trust
or other businessentitywhich is not a naturalperson) who is found to have violated the
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City of Lake Elmo October 30, 2006 mtg.
DRAFT Zoning Ordinance
provisions of this Chapter shall be guilty of a misdemeanor and shall also be subject to
revocation of any license.
(2) Each violation of this ordinance shall be considered a separate
offense and any violation continuing more than one day shall be considered a separate
offense.
(P) Enforcement. Members of the law enforcement agency providing service
to the City, the Fire Marshal. or designee, the Building Official or designee and the
Zoning Administrator or designee, shall have authority to enter any Adult Establishment
at all reasonable times to inspect the premises for the purposes of enforcing this Chapter
and all other applicable State laws, fire codes and building codes.
154.612 PROHIB11'ED USES. An Adult Use which is also classified as "obscene"
by Minn. Stat. §617.241, Subd. IA and/or as an "Adult Entertainment Establishment" bv_
Minn. Stat. §617.242, Subd. 1 is prohibited in the City of Shoreview.
154.613 MEANS OF ENFORCEMENT. The City may enforce any provision of
this ordinance by mandamus. injunction or any other appropriate civil remedy in anv
court of competent jurisdiction. The ordinance may also be enforced by appropriate
criminal prosecution.
154.614 SEPARABILITY. Every section. provision" or part of this ordinance is
declared separable from every section, provision or part:, of this ordinance. If anv section,
provision. or part of this ordinance is adjudged to be invalid by a court of competent
jurisdiction, such4udgment shall not invalidate any other section. provision, or part of
this ordinance.
28
99-1307-02
1307
An Ordinance providing for the management, protection and care of significant trees and other
vegetative growth in the City of Oak Park Heights and the preservation of trees in land
development.
THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS DOES HEREBY
ORDAIN:
Section One. Amendment.
The Code of Ordinances of the City of Oak Park Heights shall be amended to add
Chapter 1307 regulating, protecting and providing for the care and management of
significant trees and vegetation within the city providing as follows:
1307.010 Purpose.
The City of Oak Park Heights finds that it is in the best interests of the community
to protect, preserve and enhance the natural environment by encouraging a
resourceful and prudent approach to the development and alteration of wooded
areas. The City also finds that it is in the best interests of the community to
require licensing of commercial arborists. It is the intent of this ordinance to
protect the community's existing tree resource by preservation and protection of
established trees, by promoting proper tree maintenance practices and by
requiring the replacement of trees which are damaged or removed in the course of
private residential or commercial development or construction activities. The City
recognizes that trees and other vegetation help to stabilize soils, reduce storm
water runoff, aid in the removal of carbon dioxide and the production of oxygen,
provide a buffer and screen against both noise pollution and objectionable views,
provide wildlife habitat, protect and increase property values, conserve and
enhance the City's physical and aesthetic environment, and enhance the quality of
life of the City's residents. Therefore, this ordinance is designed to minimize tree
damage and loss, and mitigate tree removal resulting from development in areas
where significant trees or tree cover occur within the City.
1307.020 Applicability.
This ordinance shall apply to parcels of land, one acre or larger, containing at
least five significant trees. It shall also apply to parcels containing smaller native
woody understory vegetation which covers an area of at least 10,000 sq. ft.,
especially when such an area is contiguous with other natural areas and serves as
a wildlife corridor, or when such an area is a buffer to wetland and riparian areas,
or provides a separation between land uses.
This section shall apply to parcels being developed within the City of Oak Park
Heights and apply to mining or other land alteration, expansion of commercial,
industrial or institutional building or impervious surfaces, or any other project that
would require a grading permit from the city. This ordinance shall not apply to
public improvement projects consisting of street, public utility, parks,
playgrounds or similar projects initiated and constructed by local government.
1
1307.030 Definitions.
(a) dbh : Diameter at breast height - diameter of a tree measured at a point
approximately 54 inches above the ground.
(b) significant tree: A healthy deciduous tree measuring at least 8 inches dbh, or a
healthy coniferous tree at least 10 feet in height. For slower -growing or smaller
stature tree species, healthy specimens would be considered significant at 4 inches
dbh for ironwood, bur oak or bicolor (swamp white) oak, and two inches dbh for
pagoda dogwood or serviceberry. Deciduous softwood species such as
cottonwood and silver maple would be considered significant at a size of 12
inches dbh when growing within a floodplain or other riparian area, and
significant at a size of 20 inches dbh when growing on other sites. Boxelder,
buckthorn (Rhamnus cathartica or R. frangula) and Siberian elm would not be
considered significant trees at any size.
1307.040
(c) native woody understory vegetation: shrubs and small trees which are
components of natural (unplanted) woodland and brushland areas in Minnesota
and which provide important benefits in terms of wildlife habitat, prevention of
soil erosion and slowing of runoff.
(d) caliper inches: The diameter of a tree measured at six inches above the ground
(usually used for trees whose trunks are less than 4 inches in diameter)
License Reauired for Commercial Tree Pruning, Chemical Treatment
or Removal
(a) License application and fee. It shall be unlawful for any person to conduct as a
business the -cutting, trimming, pruning, removal, spraying or otherwise
treating of trees in the City without first having secured a license.
1. Application for said license shall be made at Oak Park Heights City
Hall on a foiixi which has been approved by the City.
2. The annual fee for such a license shall be set by the City and said fee
will be reviewed annually and specified by resolution.
3. All licenses issued shall expire on the 31st day of December following
the date of issue.
(b) Proof of Insurance. All applicants for the license must file with the City of
Oak Park Heights proof of a public liability insurance policy covering all
operations of the applicant hereunder for the sum of at least three hundred
thousand dollars ($300,000.00) combined single limit coverage. If such
insurance is canceled and the licensee fails to replace the same with another
policy, which conforms to the provisions of this section, the license shall be
automatically suspended until the liability insurance is replaced.
2
1307.050.
(c) Chemical Treatment Requirements. Applicants who propose to use chemical
substances in any activity related to treatment or disease control of trees shall
file with the City of Oak Park Heights proof that the applicant administering such
treatment has been certified by the State Dept. of Agriculture as a "Commercial
Pesticide Applicator" for the current year of operation.
(d) Revocation of license. Failure to comply with any part of the tree work
license will result in the revocation of the license by the City Council, following a
public hearing. Written notice of said public hearing shall be mailed at
least ten (10) days prior to said hearing to the current holder of the
license. Such notice should outline the violation(s) considered by the
City to be grounds for revocation and inform the current holder of the
license of the opportunity to be heard at such public hearing.
(e) Penalty for Doing Commercial Tree Work without a License.
Violation of the terms and provisions of this ordinance shall constitute a
misdemeanor punishable by ninety (90) days in jail and up to a S700.00 fine or
any combination of the two.
Tree Protection
(a) Tree Protection Methods
1. All residential and commercial development of land within the City of
Oak Park Heights shall adhere to the tree protection standards of the City.
The tree protection standards of the City shall be those as are adopted by
resolution of the City Council from time to time.
(b) Tree Protection Plan -
1. As part of any application for subdivision, planned unit development or
other development of residential or commercial property, a tree protection
plan shall be submitted to and reviewed by the Municipal Arborist.
2. The tree protection plan shall be submitted with preliminary
subdivision or development plans and incorporated as part of a grading
plan or as part of a landscape plan, as required by the type of project. The
plan must be certified by a forester, landscape architect, or land surveyor
retained by the applicant and approved by the City. All costs associated_
with the preparation of the tree protection plan will be borne by the
applicant.
3. The tree protection plan shall be reviewed by the Municipal Arborist to
assess the best possible layout to preserve significant trees and areas
of native woody vegetation, and to enhance the efforts to minimize
damage to the same. The applicant shall meet with the Municipal Arborist
and Community Development Director to discuss tree preservation on the
site prior to submission of the development application or prior to
application for the grading permit, whichever is sooner.
1307.060.
4. The tree protection plan shall include the following information:
a. the name(s), telephone number(s) and address(es) of
the applicant.
b. location of all buildings, structures, or impervious surfaces
situated upon or contemplated to be built upon the land.
c. delineation of all areas to be graded and the limits of land
disturbance.
d. size, species and location of all existing significant trees, and
delineation of the canopy cover of areas of native woody
vegetation greater than 10,000 square feet in size. The data on
the significant trees should also be listed in tabular form on the
plan or included as an
attachment.
e. measures to be taken to protect significant trees, and large
areas of native woody vegetation.
f. signature of the person(s) preparing the plan, their certification,
and employer or firm, including address and phone number.
Tree Removal
(a) The City recognizes that a certain amount of tree removal is an inevitable
consequence of the development process. It is expected, however, that driveways,
parking lots, buildings, and other parts of the private development will be situated
in such a way as to maximize preservation of significant trees and minimize
damage to natural areas.
(b) In the enforcement of this ordinance, the City may give preference to the
preservation of those trees considered to be of higher quality or value because of
their size, species, location, and/or condition.
(c) No removal of trees or areas of smaller native woody vegetation larger than
10,000 sq. ft: shall be allowed on parcels covered by this ordinance, until the site
plan and tree protection plan for the project have -been approved by the Municipal
Arborist and the Community Development Director .
1307.070 Tree Replacement Reouirements.,
1. The applicant shall be required to replace significant live trees lost or
reasonably anticipated to be lost as a result of grading, or building upon,
the parcel as determined in accordance with the following formula:
A = Total Diameter Inches of Significant Trees Lost as a Result
of the Land Alteration
4
B = Total Diameter Inches of Significant Trees Situated on the Land
C = Tree Replacement Constant (1.33).
D = Replacement Trees (Number of Caliper Inches)
[(AJB)xC]xA=D
2. Credit for Tree Preservation - If 50% or more of the existing significant
trees are to remain on the parcel undisturbed during and after the course of
development, 10% less caliper inches of replacement trees will be
required.
3. Woodland Type Factors - For projects which remove more than
1500 diameter inches of significant trees, the tree replacement requirement
will be modified by multiplying the caliper _in esof rep1 ement tree y
the following woodland type factors: oak (primarily oak species (100%),
mixed hardwood (primarily native hardwood species other than oak
(80%), conifer (primarily evergreens, nati or Jntrmdu,ced (.650,4),
softwood deciduous (cottonwood, aspen, silver maple (50%).
4. Where trees are less than significant size, if areas of native woody
vegetation greater than 10,000 sq. ft. in size are damaged or destroyed, the
applicant shall be required to install 1 replacement tree for every 1,000 sq.
ft. of native woody vegetation damaged or destroyed.
5. If the land which is being developed contains trees grown as
a crop, i.e. a nursery or tree farm, all efforts shall be made to move trees
-which will be good landscape specimens to other portions of the property
or to other properties within the community. Tree replacement caliper
inches will only be required for those crop trees which are of significant
size and are destroyed in the development process. Replacement inches in
this situation will be calculated by taking the total diameter inches of
significant crop trees destroyed and multiplying this number by the
woodland type factors above and also by the following condition factors:
trees. Trees relocated to other areas of the development property may also
be counted as part of the caliper inches of poor (20%), fair (50%), good
(80%).
6. The requirement for replacement trees may in part be satisfied by trees
which are required to be planted in accordance with any other provision of
the Code. New trees included in a landscape plan submitted for the
development may be counted as part of the caliper inches of replacement
replacement trees. Trees existing on the property winch are relocated to
other properties in the community will be credited towards replacement at
half of their caliper inch total.
7. Location of Replacement Trees. Replacement trees shall be planted in
one or more of the following areas on the land:
a. restoration areas including steep slopes
b. outlots or common areas
5
c. buffer zones between different land uses and/or
activities
d. project entrance areas
e. any other part of the land except any part thereof
dedicated or conveyed to the City, unless the City
consents thereto
f. on other parcels of land within the city, public or private,
subject to the approval of the City of Oak Park Heights and the
property owner.
8. Replacement Trees
a. Species. Replacement trees shall be species which
are included on the approved tree list of the City of Oak Park
Heights and shall include species indigenous to the area, and
species similar to those lost or removed. Not more than 20% of the
replacement trees shall be of the same species.
b. Size. A minimum of 2.0 caliper inches for deciduous trees
(except bur oak, bicolor oak, ironwood, and ornamental trees,
which may be 1.25 caliper inches), and a minimum of 6 feet in
height for coniferous trees.
c. Warranty Requirements Any replacement tree which is not
alive or healthy, as determined by the Municipal Arborist, within
two growing seasons after the date of the planting of the last
replacement tree, shall be removed by the Applicant and replaced
with a new, healthy tree meeting the same species and size
requirements.
d. Plantine Standards - Planting specifications for replacement
trees shall adhere to the tree and shrub planting standards of the
City of Oak Park Heights.
The tree and shrub planting standards of the City shall be those as
are adopted by resolution of the City Council from time to time.
9. Tree Replacement Plan Required
a. Applicant shall provide a plan showing the size, species,
and location of all replacement trees proposed to be planted on the
property in accordance with the tree replacement requirements.
b. No planting of trees shall be allowed on parcels covered by this
ordinance, until the tree replacement plan for the project has been
approved by the Municipal Arborist and the Community
Development Director.
6
10. Payment in Lieu of Tree Replacement.
In development of lands under this ordinance should the applicant
determine that there is insufficient opportunity within the
development to replace trees lost or anticipated to be lost as a
result of the development the applicant may request of the city
council permission to pay an amount into the city tree fund an
amount equal to the value of the required replacement tree. The
city tree fund, upon receipt of such funds as may be authorized by
the council under the provisions of this ordinance, shall act as a
dedicated fund to provide for the care and replacement of shade
trees within the City of Oak Park Heights.
1307.080 . Inspection and Enforcement
1307.090
All site inspections shall be carried out by the Municipal Arborist under the
following criteria:
1. Site inspection shall occur prior to issuance of grading permit to
confirm that a tree inventory and tree protection measures are in
place.
2. An additional site inspection shall be performed after completion of
final grading to evaluate any tree damage or removal caused by the
project.
3. On wooded lots —
(a) Site inspection shall occur prior to issuance of a building
permit to confirm that tree protection measures are in place
(b) An additional site inspection shall occur prior to issuance of
Certificate of Occupancy to evaluate if any additional tree
damage or removal has occurred.
4. For any additional tree damage discovered during site inspections
resulting in tree mortality and/or removal, there shall be restitution
made to the City by paying S100.00 per diameter inch of significant
trees destroyed.
Agreement to Replace Trees - Security
A. Prior to the issuance of any subdivision, planned unit development or grading
permit, the applicant shall enter into a written agreement with the City of Oak
Park Heights in a form to beapproved by the City Attorney and City
Administrator which agreement shall include provisions providing for the
following:
7
1. The Developer shall undertake to comply with the provisions and conditions
imposed by this Section and in connection with any such approval or issuance
of a permit.
2. The Developer shall indemnify the City against any loss, cost or expense,
including an amount for reasonable attorneys' fees incurred in enforcing the
terms of such agreement.
3. The Developer shall provide security for the performance of its obligations
pursuant to such agreement. The security may consist of a bond, cash or
escrow deposit, all in such form and substance as shall be approved by the
City Attorney. The amount of security shall be 150% of the estimated cost to
furnish and plant the replacement trees. The estimated cost shall be at least as
much as the reasonable amount charged by nurseries for the furnishing and
planting of the replacement trees and shall be subject to approval by the
Municipal Arborist.
3. The security shall be maintained at least for two growing seasons after the
date the last replacement tree has been planted. Upon a showing by the
Developer and inspection by the Municipal Arborist, that portion of the
security may be released by the City equal to 150% of the estimated cost of
the replacement trees which are alive and healthy at the end of the
performance period. Any portion of the security not entitled to be released at
the end of the performance period shall be maintained and shall secure the
Developer's obligation to remove and replant replacement trees which are not
alive or are unhealthy, and to replant missing trees. Upon completion of the
replanting of such trees, the entire security may be released. Notwithstanding
the foregoing, no portion of the security shall be released while there are
unsatisfied Developer's obligations to indemnify the City for any expenses
incurred in enforcing the terms of the agreement provided for in this
subsection.
Section Two. Effective Date.
This ordinance shall be in full force and effect from and after its passage and
publication according to law.
1999
Atte t:
Passed by the City Council for the City of Oak Park Heights this 23 day of March
/i
Thomas Melena, City Administrator
David Schaaf, (Mayor
8