Loading...
HomeMy WebLinkAbout2001 ORDINANCE BOOKMA0 J ORDINAN UMBR D.AAT_, rION 59 8-15- 00 Section 150 Adding definitions related to Low Impact AG Use 9760 9-5-00 Rezone from RR to AG: Gene Peltier 9761 9-5-00 Section 150 Definitions Replace w/Place of Worship 9762 9-5-00 PF Ordinance 9763 Livestock 9764 10-3- 00 Amend Section 520.01 Subd 2 Site Plan Review 60 days 9765 12-19- Repeal Section 540, Uniform Name and Numbering System 9766 1-2- 2001 Repeal Section 235 Village Commission 9767 1-2- 2001 Add Section 235.03-1 Special Appointments - 9768 1-2- 2001 Amend Section 1200.12 Subd. I.B. Hours of Liquor Sale 9769 1-16- 2001 Repealing Section 800.01 Environmental Management Commission' 9770 1-16- 2001 Amending Ordinance No. 9767 relating to Special Appointments to Planning Commission 9771 3-6- 2001 Amending Section 300.07, SubdAA.6.e. permitting setbacks of 50 feet for open storage adjacent to the I-94 frontage road 9772 2-6 Adding a definition for Non-agricultural Low Impact to Section 150 9773 3-6- 2001 Adding a definition for "Contractor Maintenance Shop" to Section 150 i 9774 , 2-6- 200 Repealing Section 300.07 O (Present OP Ordinance) and replacing it with Section 300.07.P (New OP Ordinance) 9775 2-6- 2001 Amending Section 400.15 Subd. 1 relating to Park Land Dedication 9776 3-6- 2001 Amending Section 300.07 SubdAA.6. Non-Ag low Impact Use Standards CA 9777 3-6- 2001 Rezoning from RR to AG for E&E Properties 9778 3-6- 2001 Repealing Section 525 Subd. 1G permitting neighborhood or project identification signs by CUP 9779 5-1-01 Open Space (Ordinance DRAFT being written) 9780 5-1-01 Amending Sections 810, 810.01, 810.02, 810.03, 810.04, Repealing 810'.05 9781 6-19- 01 Repealing 500.05.2 (Optional Chapters of MN State Building Code), Amending 500.06 (Local requirements for Fire Suppression Systems, Renumbering. current Section 500.06 to 500.07, Section 500.07 to 500.08 9782 Parking Prohibited on 50 Street 9783 7-17 Section 505.13 Construction Site Erosion Control 9784 8-7 Adding Section 1396 Amateur Radio Tower Antenna 9785 8-21 No Parking for Eagle Point Blvd. 9786 10-2 Amending Section 300.07, Subd. 4.11.1.E. include Fitness Studio as a conditional use in GB zoning district _ 9787 10-2 Amending Section 150 to include definition of Fitness Studio , 9788 10-2 Amending Section 150 to include definition of Therapeutic Massage 9789 10-2 11-20 Amending Section 300.07 Subd. 4.11.I.E. to include Therapeutic Massage as a conditional use in GB zoning district (POSTPONED) ADOPTED 9790 10-2 Amending Section 150 by adding definition for Building Height 9791 10-16 Adding 5 05. 10 Pole Buildings 9792 10-16 Amending Section 300 deleting the terms "or equivalent" from the exterior facing requirements of the Performance Standards in the BP, GB, and LB zones 9793 11-7 Section 510.02 Installation & Maintenance of Fire Protection & Safety Devices 9794 11-7 Repeal 300.06, Add Section 200.01 Subd. 11 Board of Adjustment & Appeals 9795 11-7 Amend Section 300.06, Subd 3. Variances 9796 1-15- 02 Amend Section 210.03 Composition of Planning Commission 9797 1-15- 02 Amend Section 800.01 Environmental Management Commission C f� C) kj 9798 12-18- Amend Section 400.10 Exceptions to Platting, Lot Line Adjustment 01 9799 2-5-02 Amending Section 300.07 Zoning District Map of the LE Municipal Code c A G c CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-$% AN ORDINANCE AMENDING SECTION 300.07 SUBD. 4.1-1.1.E. OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE FITNESS STUDIO AS A CONDITIONAL USE IN THE GENERAL BUSINESS ZONING DISTRICT Section 1. Amendment: Section; 300.07 Subd 4.H. Le. is here by amended to included the following use permitted by a Conditional Use Permit in the General Business Zoning District, to wit: Fitness Studio provided the maximum floor area does not to exceed 5,000 square feet. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest: Mary Aueff' , City erk/Admmistrator Adopted by the Lake Elmo City Council the 2' day of October 2001. Published in the Stillwater Gazette on the day of , 2001. G Affidavit of Publication 6fillbnacter ea3ette 1931 Curve Crest Blvd, P.O. Box 58, Stillwater, MN 55082 Phone: (651) 439- 3130 Fax: (651) 439-4713 State ul \linne,nui 1 CountN of ACa.hinen,nI The undersigned, being duly sworn, on oath says that s/he is the Publisher or authorized agent and cmplo%cc ul 16e Publisher of the newspaper known as the Stillwater Evening Gazette, and has full knowledge of the facts �chich are a;ual (A) The newspaper has complied with all of the requirements constituting qualification as a qualified ne%\,puper. -i- provided by.Minnesota State Statute 331A.02, 331A.07 and other applicable laws as amended. Printed belu\� iN a enp� ,d the lowercase alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of 1\ lie n—d in composition and publication of the notice. abcdetghijklmnopgrstuvwxyz. Publisher / Subscribed and sworn to or affir d before me on this Notary Pubh e City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Inches 4.5 Lake Elmo Description City of Lake Elmo Ordinance 97-86, Published 10/17 Maxinwm rate per column inch under Minnesota Law: $16.90 per inch day of Z . P001. • MARK BERRIMAN NOTARY PUBLIC—MINNESOTA My Commission Expires 1-31,2005 Invoice #: 00000371 Terms: Net 30 Price $4.08 10/18/01 1 Total $18.36 $18.36 Sub Total $18.36 Payment $0.00 Balance Due $18.36 CITY OF Lake Elmo Evening Gazette, October 17, 2001 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97 - 86 AN ORDINANCE AMENDING SECTION 300.07 SUBD. 4.1-1.1.E. OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE FITNESS STUDIO AS A CONDITIONAL USE IN THE GENERAL BUSINESS ZONING DISTRICT Section 1, Amendment: Section 300 07 Subd 4 H 1 E is here by amended to include the fol- lowing use permitted by a Conditional Use Permit in the General Business zoning District, to wit: Fitness Studio provided the maximum floor area does not to exceed 5,000 square feet. Section 2 Effective Date: This ordinance shall become effective upon its passage and publica- tion according 10 law. /a/ Lee Hunt Lee Hunt, Mayor Attest /a/ Mary Kueffner- Mary Kueffner, City ClerivAdministrator Adopted by the Lake Elmo City Council the 2nd day of October 2001. Published in the Stillwater Gazette on the 17th day of Oct., 2001. 10/17 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-1]_ AN ORDINANCE AMENDING SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE A DEFINITION OF A FITNESS STUDIO Section 1. Amendment: Section 150 of the Lake Elmo Municipal Code is hereby amended to included the definition of a Fitness Studio, to wit: Fitness Studio: A place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building. Fitness Studio may include exercise equipment; and shall exclude massage in any form. The maximum allowable floor area is 5,000 square feet. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest Mary Kue er, City erk/Administrator Adopted by the Lake Elmo City Council this 2nd day of October 2001. Published in the Stillwater Gazette on the 1-It` day of ©tA . 12001. A i' C� (, Affidavit of Publication �&tiYYbjater ft3ette 1931 Curve Crest Blvd, P.O. Box 58, Stillwater, MN 55082 Phone: (651) 439- 3130 Fax: (651) 439-4713 Sbue ul'�\linncsnhu County 0C"itIII ioLIt, ❑I` The undersigned, being duly sworn, on oath says that s/he is the Publisher or authorized agent and emplotce nl- the Publisher of the newspaper known as the Stillwater Evening Gazette, and has full knowledge Of fads t0hich tyre 5talCd. (A) The newspaper has complied with all of the requirements constituting qualification a, n quulilird ne��.paper_ �i- provided by.Minnesota State Statute 33IA.02, 331A.07 and other applicable laws as amended. Printed helno i, d the lowercase alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of i� Ile ii.c,l in composition and publication of the notice. abcdefghijklmnopgrstuvwxyz. 1 Subscribed and sworn to or affi d before me on this .r.- Notary Pubfi City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Inches 5 Lake Elmo Description / 1d of vim" ` .'001. City of Lake Elmo Ordinance 97-87, Published 10/17 Ma<imum rate per column inch under Minnesota Law: $16.90 per inch e MARK BERRIMAN NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005 ■ ■ Invoice #: 00000370 Terms: Net 30 Price $4.08 10/18/01 1 Total g�0.an $20.40 Sub Total $20.40 Payment $0 00 Balance Due $20.40 CITY OF Lake Elmo Evening Gazette, OTY OF L ctober 17, 2001 WASH] NGITON COUNTY, MIN MINNESOTA ORDINANCE 97 - 87 AN ORDINANCE AMENDING SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE A DEFINITION OF A FITNESS STUDIO Section 1 Am Leke Elmo Municipalis he endetl to induct the definition of a Fitness Studio, to wit: Fds to 'o n A place or building where passive or active exercises antl relatetl activities are pertormed for the-ppoe physical fitnessof next !it , improved cursirculation of ty, and/or weight control. The activi- ties shall be conducted entirely within n a enclosed building. Fitness Studio may include exercise equipment; and shall exclude massage in any form. The maxi- mum allowable floor teat area is 5,000 square . Se_tion 2 E ect'v Date This ordinance shall become effective upon its passage and publics- fion acoortling to law. /s/ Lee Hunt Lee Hunt, Mayor Attest /s/ Mary Kueffner Mary Kueffner, City Clerk/Administrator Adopted by the Lake Elmo City Council the 2nd day of October 200t. Published in the Stillwater Gazette on the 17th day of Oct., 2001. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97.8B AN ORDINANCE AMENDING SECTION 300.07 SUBD. 4.1-1.1.E. OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE THERAPEUTIC MASSAGE AS A CONDITIONAL USE IN THE GENERAL BUSINESS ZONING DISTRICT Section 1. Amendment: Section: 300.07 Subd 4.H.1.e. is here by amended to included the following use permitted by a Conditional Use Permit in the General Business Zoning District, to wit: Therapeutic Massage Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. ¢ Lee Hunt, Mayor Attest: 1 Mary Xuef City%Administrator Adopted by the Lake Elmo City Council the 2' day of October 2001. Published in the Stillwater Gazette on the � ro� day of, g,L . , 2001. 3 AEADAVIT OF PUBLICATION *tt'llbiater fa3Ctte 1931 Curve Crest Blvd. 12/20/01 Stillwater, MN 55082 (651) 439-3130 Fax: (651) 439-4713 State of Minnesota) ss. County of Washington) The undersigned, being duly sworn, on oath, says that s/he is the Publisher or authorized agent and employee of the Publisher known as the Stillwater Evening Gazette, and has full knowledge of the facts which are stated. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota State Statute 331A.02, 331A.07 and other applicable laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind type used in composition and publication of the of notice. ,tx defghijkknn.pgna.%,vxyz 'v `� v w"\1AL Publisher Subscribed and sworn two or affirmed to me 1 on this � day of� City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 s MARK BERRIMAN nd _. NOTARY PUBLIC-NINNESOTA } PAy Commissor Expires 1-31-2005 s c v.•rww.annr.-... _ _ Invoice #: 00000558 Terms: Net 30 Inches Description Price Total 4.5 Lake Elmo City of Lake Elmo Ord. 97-88, $4.08 $18.36 Published 12/19 $18.36 Sub Total $18.36 Payment $0.00 Maximum rate per column inch under Minnesota Law: $16.90 per 12-pica column Balance Due $18.36 CRY OF Lake Elmo Evening Gazette, December 19, 2001 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-68 AN ORDINANCE AMENDING SECTION 300.07 SUED. 4.H.1.E. OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE THERAPEUTIC MASSAGE AS A CONDI- TIONAL USE IN THE GENERAL BUSINESS ZONING DISTRICT Section 1 Amendment Section 300.07 Sued 4.11 t.e. is here by amended to include the fol. lowing use permitted by a Conditional Use Permit in the General Business Zoning District, of wit: Therapeutic Massage Section 2 Effective Date' This ordinance shall become effective upon its passage and publi- cation according to taw. /s/Lee Hunt Lee Hunt, Mayor Attest: /a/ Mary Kueffner Mary Kueffner, City CieWAdministrator Adopted by the Lake Elmo City Council the 2nd day of October 2001. Published in the Stillwater Gazette on the 19th day of Dec., 2001. 12/19 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- 89 AN ORDINANCE AMENDING SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE A DEFINITION OF THERAPEUTIC MASSAGE Section 1. Amendment: Section 150 of the Lake Elmo Municipal Code is hereby amended to included the definition of Therapeutic Massage, to wit: Therapeutic Massage: The process by which a practitioner applies massage therapy techniques, and may apply adjunctive therapies, with the intention of positively affecting the health and well being of the client. The rubbing, stroking, kneading, tapping, positioning, causing movement and applying touch and pressure to the body. Adjunctive therapies may include: (1) Application of heat, cold, water, mild abrasives, heliotherapy, topical preparations not classified as prescription drugs; (2) the use of mechanical devices and tools which mimic or enhance manual actions; and, (3) instructed self -care and management. Massage therapy shall not include techniques traditionally practiced by chiropractors. Therapeutic Massage shall be performed only by a person who has provided the City with proof of Professional Liability Insutance and/or National Certification. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. 1� Lee Hunt, Mayor Attest vv � Mary Kue fner, City Clerk/Administrator Adopted by the Lake Elmo City Council this 20th day of November 2001. Published in the Stillwater Gazette on the 19 day of 2001. D IN\ AFrMAVIT OF PUBLICATION 6tf llWater fa3ette 1931 Curve Crest Blvd. 12/20/01 Stillwater, MN 55082 (651) 439-3130 Fax:(651)439-4713 State of Minnesota) ss. County of Washington) The undersigned, being duly sworn, on oath, says that s/he is the Publisher or authorized agent and employee of the Publisher known as the Stillwater Evening Gazette, and has full knowledge of the facts which are stated. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota State Statute 331A.02, 331A.07 and other applicable laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind type used in composition and publication of the of notice. ahcdcfghijUmnopgrstr�vxyz w)),,y ath urf"�_ Publisher Subscribed and sworn to or affirmed to me on this day of City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 a M/W�MrVW.NJrV�NvVYWVJv�/y1VYN• MARK BERRIMAN NOTARY PUBLIC — MINNESOTA My Commission Expires 1-31-2005 ■ M.nM/VN.fyMryM,yy�MMMMo Invoice #: 00000557 Terms: Net 30 Inches Description Price Total 7 Lake Elmo City of Lake Elmo Ord. 97-89, $4.08 $28.56 Published 12/19 $28.56 Sub Total $28.56 Payment $0.00 Maximum rate per column inch under Minnesota Law: S16.90 per 12-pica column Balance Due $28.56 � CITY OF 'aloe Elmo Evening Gazette, December 19, 2001 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-99 AN ORDINANCE AMENDING SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE A DEFINITION OF THERAPEUTIC MASSAGE Section 1. Amendment: Section 150 of the Lake Elmo Municipal Code is hereby amended to Include the definition of Therapeutic Message, to wit: Therapeutic Massaaw he process by which a practitioner applies massage ther- apy techniques, and may apply adjunctive therapies, with the intention of positively affecting the health and well being of the client. The rubbing, stroking, kneading, tapping, positioning, causing movement and applying touch and pressure to the body. Adjunctive therapies may include: (1) Application of heat, cold, water, mild abrasives, heliotherapy, topical prepara- tions not classified as prescription drugs; (2) to use of mechanical devices and tools which mimic or enhance manual actions; and, (3) instructed self -care and manage- ment. Massage therapy shall not include techniques traditionally practiced by chiro- practors. Therapeutic Massage shall be performed only by a person who has pro- vided the City with proof of Professional Liability Insurance and/or National Certification. Section 2 Effective Date This ordinance shall become effective upon its passage and publi- cation according to law. /a/ Lee Hunt Lee Hunt, Mayor Attest /s/ Mary Kueffner Mary Kueffner, City Clerk/Administrator Adopted by the Lake Elmo City Council this 201h day of November 2001. Published in the Stillwater Gazette on the 19th day of Dec., 2001. 12119 Cl. C' CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-D AN ORDINANCE AMENDING SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE BY ADDITION OF THE FOLLOWING DEFINITION FOR `BUILDING HEIGHT" Section 1. Amendment: Section 150, "Definitions"; of the Lake Elmo Municipal Code is amended to include the following; to wit: Building Height: The vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by building to the highest point of the roof for flat roofs; to the roof deck line of mansard roofs; and, to the mean height between eaves and ridge for gable, hip and gambrel roofs. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest t Mary K ff e City Cler t/Administrator Adopted by the Lake Elmo City Council the 2"d day of October 2001. Published in the Stillwater Gazette on the � day of �� , 200L !f CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- 91 AN ORDINANCE AMENDING THE LAKE ELMO MUNICIPAL CODE SECTION 505.10 "POLE CONSTRUCTION BUILDINGS" Section 1. Amendment: Section 505.10 Pole Construction Buildings is hereby amended as follows: to wit: Section 505.10 Pole Buildings: Pole buildings shall be permitted in the Agricultural and Rural Residential Zoning Districts only, except they shall be prohibited where a Conditional Use Permit has been issued for an Open Space Preservation Development. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest Mary KdAfffier, Jerk/Administrator Adopted by the Lake Elmo City Council the of October 2001. Published in the Stillwater Gazette on the �� day of (�� - 2001. Affidavit of Publication *tiYYbietter Oa.3ette 1931 Curve Crest Blvd, P.O. Box 58, Stillwater, MN 55082 Phone: (651)439-3I30 Fax: (651) 439-4713 Stale or lNlinnesonu CouluN ofklashinetoul The undersigned, being duly sworn, on oath says that s/he is the Publisher or authorized agent and emp1mcc of III, Publisher of the newspaper known as the Stillwater Evening Gazette, and has till knowledge of the facts rchich are >tincd. (A) The newspaper has complied with all of the requirements constituting qualification as it qualilicd t- provided by.Minnesota State Statute 331A.02, 331A.07 and other applicable laws as amended. Printed bcItm i, it cop, m the lowercase alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of I)pc ii,ol in composition and publication of the notice. abcdefghijklmnopgrstuvwxyz. Subscribed and sworn to or affirmed before me on this Notary Public City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Inches Description � day of � S .2001. 3.5 Lake Elmo city of Lake Elmo Ord. 97-91, Published10/26 Maximum rate per column inch under Minnesota Law: $16.90 per inch MARK BERRIMAN NOTARY PUBLIC-MINNESOTA MY Commission Expires 1-31-21105 r Invoice #: 00000394 Terms: Net 30 10/29/01 Price Total $4.08 $14.2,0, $14.28 Sub Total $14.28 Payment $0 00 Balance Due $14.28 of ..000000 ova e E1R+0 , 1.aK ,z6,zo� LO N 5MO on1Y. eNO=70s Pe:;N�Oo d.n� a cesma ar°nd SP D�ate'Tah eand Pull", . 'E euP°ndsP yecome eto haw. 4on a�o� vAunk pAaYof Ane�' Kuettne� Pdn`inuMra�o� MaNKue4ner,CNNeE oc ro n me16h 'AB 2 00,. �� Ga2ette on the 26ih ,0126 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-92 An Ordinance Amending Sections 300.07 Subd.4.H.4.A.vii; 300.07 Subd. 4.K.6.A.vii.; and, 300.07 Subd.4.L.6.A.vii. of the Lake Elmo Municipal Code Section 1. Amendment: Section 300.07 Subd. 4.H.4.a.vii is hereby amended, in part, and shall read as follows; to wit: Section 300.07 Subd. 4. H. 4.a. vii: The exterior surfaces of all buildings shall be faced with brick, stone, or glass. Section 2. Amendment: Section 300.07 Subd. 4. K.6.a.vii is hereby amended, in part, and shall read as follows; to wit: 300.07 Subd. 4.K.6.a.vii. The exterior surfaces of all buildings shall be faced with brick, stone, or glass. Section 3. Amendment: Section 300.07 Subd. 4.L.6.A.vii is hereby amended, in part, and shall read as follows; to wit: 300.07 Subd.4.L.6.A vii. The exterior surfaces of all buildings shall be faced with brick, stone, or glass.. Section 4. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest Q Mary K effner, tkClerk/Administrator Adopted by the Lake Elmo City Council the 16 h day of October, ,22001. Published in the Stillwater Gazette on the � 6�` day of UA , 2001. f c 0 C Affidavit of Publication �&tiYYbnater (ffia3ette 1931 Curve Crest Blvd, P.O. Box 58, Stillwater, MN 55082 Phone: (651) 439- 3130 Fax: (651) 439-4713 Slaty of \ 1 innr.ul;n t�OWll\ „f V1 ;rhina¢,iu The undersigned, being duly sworn, on oath says that s/he is the Puhlisher or authorized agent and CinpI,\CC nl ih; Publisher of the newspaper known as the Stillwater Evening Gazelle. anal has lull knmdedee of the finis „Inch :11C .I,'110 (A) The newspaper has complied with all of the requirements constilu[ine qualification as a qualified nrn :puhCr. provided by. Minnesota State Statute 331A.02, 331A.07 and other applicahle laws as amended. Printed I'Chm, i. ,i C,y,, the lowercase alphabet, from A to Z, both inclusive, which is hereby acknow Iedeed as beine the size and I.in.l in composition and publication of the notice. abcdefgNiklmnopgrstuvwxyz. �(15Z t ll Publisher CSmay, Subscribed and sworn to oor affirmed before me on this due of Nolap Pu li lunl ■ MARK BERRIMAN NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005 ■ City of Lake Elmo Invoice #:, 00000395 3800 Laverne Ave. N. Lake Elmo, MN 55042 Terms: Net 30 10/29/O1 Inches Description Price Total 4.5 Lake Elmo City of Lake Elmo Ord. 97-92, $4.08 $18.36 Published 10/26 $18.36 Alzmmum rve per column inch under \linneana Lase $16.90 per inch Sub Total $18.36 Payment $0.00 Balance Due $18.36 CITY OF Lake Elmo Evening Gazette, October 26, 2001 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-92 An Ordinance Amending Sections 300.07 SubdA.L.6.A.vil. of the Lake Elmo Municipal Code Section 1. Amendment Section 300.07, Subd. 4.1-1.4.a.vii is hereby amended, in part, and shall read as follows; to wit: Section 30007 Subd 4H4avit The exterior surface of all buildings shall be faced with back, stone, or glass. Section 2 Amendment Section 300.07 Subd. 4.K.6.a.vii is hereby amended, in part, and shall read as follows; to wit: a00 07 Subd.4.K6 a vi' The exterior sur- faces of all buildings shall be faced with brick, stone, or glass. Section 3 Amendment- Section 300.07 Subd. 41.6.A.vii is hereby amended, in part, and shall read as follows; to wff: 30007 Subd 4 L.6A 'i The Exterior sur- faces of all buildings shall be faced with brick', stone, or glass. Section 4 Effective Date, This ordinance shall become effective upon its passage and publica- tion according to law. /s/ Lee Hum Lee Hunt, Mayor Attest: /s/ Mary Kueffner Mary Kueffner, City ClerIvAdministrator Adapted by the Lake Elmo City Coundl the 16th day of October, 2001. Publichedin the Stillwater Gazette on the 26th day of Oct., 2001. 10/26 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE SUMMARY ORDINANCE NO. 97-93 On the 7"' day of November, 2001, the Lake Elmo City Council adopted Ordinance No. 97-93 relating to Fite Safety Devices and authorized the publication of the following Ordinance Summary by four affirmative votes, as required by Minnesota Statutes 5412.191, Subd. 4. The summary is as follows: Summary of Ordinance No. 97-93 Fite Safety Devices 510.02 Fire Protection and Safety Devices Subd. 1 Floor Plans Subd. 2 Hazardous Material List Subd.3 Standpipes Subd. 4 Exit Signs Subd. 5 Smoke Detectors Subd. 6 Annunciator Panel A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator at 3800 Laverne Avenue, Lake Elmo, MN 55042. :"'; � FrIll A f Ct CITY OF LAKE ELMO STILLWgTER GAZETTE, JUNE 11, 2003 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE SUMMARY ORDINANCE NO. 9793 On the 7th day of november, 2001, the Lake Elmo City Council adopted Ordinance No. 9793 relating to Fire Safety Devices and authorized the publication of the following ordinance Summary by four affirmative votes, as required by Minnesota Statutes § 412.191, Subd. 4. The summary is as follows: Summary of Ordinance No. 9793 Fire S fie Devices 510.02 Fire Protection and Safety Devices Subd. 1 Floor Plans Subd. 2 Hazardous Material List Subd. 3 Lock Roxes Subd. 4 Standpipes Subd. 5 Exit Signs Subd. 6 Smoke Detectors Subd. 7 Annunciator Panel A copy Of the Ordinance is available for Inspection by any Person durin lBusiness hours at the office of the Elmo, MN 55042, City Administrator at 3800 Lave me Avenue Lake E Dated: 6/3/03 Signed: /s/Mary Kueffner Mary Kueffner, City. Administrator 6/11 AFFIDAVIT OF PUBLICATION e&tfflbjater Oa3ette 6/12/03 1931 Curve Crest Blvd. Stillwater, MN 55082 (651) 439-3130 Fax: (651) 439-4713 State of Minnesota} ss. County of Washington} The undersigned, being duty swom, on oath, says that s/he is the Publisher or authorized agent and employee of the Publisher known as the Stillwater Evening Gazette, and has full knowledge of the facts which are stated. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota State Statute 331A.02, 331A.07 and other applicable laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind type used in composition and publicatioTV th�of�tptice. a c g,ijkfnampgcstu �.Yo. Pr isher/Authorized Agent Subscribed and sworn to or affirmed to meMARK SERRIMAN s u ' ^NOAli PUBLIC HNNESOTA on this • �-2, day of �— �2 3 - Cr - . r [xpues t-t-205 City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Inches Description Lake Elmo City of Lake Elmo Ordinance Summary, 9793, Published 6/11 Invoice N: 00002369 Terms: Net 30 Price Total $4.20 $33.60 $33.60 Sub Total $33.60 Payment $0.00 Maximum rate per column inch under Balance Due $33.60 :Minnesota Law$16.90 per 12-pica column CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE SUMMARY ORDINANCE NO. TIR-3 On the 7 h day of November, 2001, the Lake Elmo City Council adopted Ordinance No. T 1 relating to Fite Safety Devices and authorized the publication of the following Ordinance Summary by four affirmative votes, as required by Minnesota Statutes 5412.191, Subd. 4. The summary is as follows: Summary of Ordinance No. -11`-' Fite Safety Devices 510.02 Fire Protection and Safety Devices Subd. 1 Floor Plans Subd. 2Hazardous Material List Subd. 3Lock Boxes Subd. 4Standpipes Subd. 5 Exit Signs Subd. 6 Smoke Detectors Subd. 7Annunciator Panel A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator at 3800 Laverne Avenue, Lake Elmo, MN 55042. Dated: 6 — 3 — 03 Signed: �J Mary ,u f er, Ci dministrator 3 c CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- 93 (Adopted — Excluding Lock boxes) The Lake Elmo City Council ordains that Section 510.02 and its subdivisions are hereby added to the Lake Elmo Municipal Code to read as follows, to wit: 510.02. Fire Protection and Safety ,Devices. Building owners shall comply with the following regulations on or before January 1, 2002 for existing commercial structures, and prior to the issuance of a Certificate of Occupancy for new commercial structures. Subd. 1. Floor Plans. A building floor plan shall be provided to the Lake Elmo Fire Chief. The floor Plan shall satisfy the following requirements: A. It shall illustrate, to scale, each floor and basement area. B. It shall illustrate locations for the electrical main panel and shut offs, gas utility locations and shut offs, water main shut offs, sprinkler system valves, and main shut offs. C. It shall illustrate the locations of all smoke detectors, fire alarms, fife alarm pulls, fire extinguishers, alarm indicator panels, and main alarm panels. D. It shall illustrate the location of stairwells, emergency exits, interior doorways, attic access, firewall locations, firewall attic access and roof access. E. Any other information as deemed necessary and reasonable by the Lake Elmo Fire Chief. Subd. 2. Hazardous Material List. The Lake Elmo Fire Chief shall be provided a list of all hazardous materials/chemicals stored in the commercial structure and/or on the commercial property, a drawing to scale which provides the quantities of such materials/chemicals, and a material data sheet for each hazardous material/chemical. Hazardous material lists shall be updated annually and when shipments of new or seasonal chemicals/materials are received. Subd. 3. Standnines. All commercial buildings in excess of one story shall install Fire Department standpipe connections in stairwells with connections to the standpipe located on each floor landing area. A Standpipe shall satisfy the following requirements: A. It shall be constructed of a minimum of 3" piping with a 2-1/2 inch outlet for the Fire Department. B. It shall have a minimum flow capacity of 250 gallons per minute. C. It shall have connection threads that are consistent with the standards contained in the "National Standard Hose Threads" regulation. Subd. 4. Exit i All commercial structures with sleeping quarters shall install lighted exit signs above and on the side of doors at floor level on the door handle side of the frame. f J Subd. 5. Smoke Detectors. Smoke detectors shall be required in all commercial structures. Smoke detectors shall be connected to the fire alarm system for proper notification of the Fire Department when an alarm occurs. Subd. 6. Annunciator Panel. The annunciator panel for heat, smoke, and fire alarm shall clearly show the location of the particular alarm or alarms that have tripped. Effective Date: This Ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the Lake Elmo City Council. Adoption Date: Passed by the Lake Elmo City Council on the 7th day of No))(vyeemb'err,, 2001. Lee Hunt, Mayor Attest: Mary K�e ity Adam ator 3 E City of Lake Ehno Washington County, Minnesota Ordinance 97- q4 An Ordinance Relating to the Lake Elmo Municipal Code The Lake Elmo City Council ordains that Section 300.06, Subdivision 3 of the Lake Ehno Municipal Code is hereby repealed. The Lake Ehno City Council further ordains that Section 200.01 Subdivision 11 is hereby added to the Lake Ebno Municipal Code to read as follows, to wit: Section 200.01 Subd. 11. Board of Adjustment and Appeals. A. Establishment of Board of Adjustment and Appeals. The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following powers with respect to this section: 1. The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an administrative officer in the enforcement of the zoning ordinance. 2. The appeal shall be filed within five (5) days from the date that the decision, order, requirement, or determination is made and shall state: a. The particular decision, order, requirement, or determination from which the appeal is taken. b. The name and address of the appellant. c. The grounds for the appeal. d. The relief requested by the appellant. B. Effect of Appeal: An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken certifies that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. A C. Authority of the Board of Adjustment and Appeals. The Board of Adjustment and Review may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit. D. Hearing Procedures. 1. The Zoning Administrator shall, upon the filing of a notice of appeal, refer the matter to the Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board. 2. The Zoning Administrator shall notify the appellant or applicant, the chairperson of the Planning Commission, the building official, the abutting property owner, and in the case of an appeal, the officer from whom the appeal is taken, of the time and place of the hearing. The notice shall be in writing and shall be served on the person by mail, provided the notice shall be mailed at least ten (10) days preceding the date of the hearing. D. Record of Findings. 1. The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved. Any such order shall be filed with the Zoning Administrator who shall immediately mail a copy of the order, beating the notation of the filing date, to the appellant or applicant. 2. A certified copy of any order issued by the Board of Adjustment and Appeals acting upon any appeal from an decision, order, requirement, or determination of an administrative officer, may be filed with the County Recorder or Registrar of Titles for recording. The filing may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator. F. Decision, Appeals. 1. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or upon an application for a variance shall be final except that any aggrieved person may have any decision or order of the board reviewed for an appropriate remedy in district court as provided by law. f Section 3. Effective Date: This ordinance shall become effective upon it passage and publication according to law. Lee Hunt, Mayor Attest: Mary kaetr, City WIninistrator Adopted by the Lake Elmo City Council the 7"' day of November, 2001 Published in the Stillwater Gazette the I LI� day of \\30y - , 2001. 3 f C) AFFIDAVIT OF PUBLICATION �tirC��te� Oa3ette 1931 Curve Crest Blvd. 11/16/01 Stillwater, MN 55082 (651) 439-3130 Fax:(651)439-4713 State of Minnesota) ss. County of Washington) The undersigned, being duly sworn, on oath, says that s/he is the Publisher or authorized agent and employee of the Publisher known as the Stillwater Evening Gazette, and has full knowledge of the facts which are stated. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota State Statute 331 A.02, 331A.07 and other applicable laws as amended. Printed below is a copy ofthe lowercase Alphabet, from A to Z. both inclusive, which is hereby acknowledged as being the size and kind type used in composition and publication of the of notice. abcdefghilIdmnopgrstu%wxyz ,Vk" K V )-- Publisher Subscribed and sworn to or affirmed to me on this l% day O�L—/j City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 r•, MARK BERRIMAN NOTARY PUBLIC-MINNESOTA My Commission Expires 1-31-2005 2001. Invoice #: 00000459 Terms: Net 30 Inches Description Price Total 17 Lake Elmo City of Lake Elmo Ord. $4.08 $69.36 97-94, Published 11/14 Maximum rate per column inch under Minnesota Law: S 16 90 per 12-pica column $69.36 Sub Total $69.36 Payment $0.00 Balance Due $69.36 Cm OF Lake Elmo Evening Gazette, November 14, 2001 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-94 An Ordinance Relating to the lake Elmo Municipal Code The Lake Elmo City Council ordains that Section 300.06, Subdivision 3 of the lake Elmo Municipal Code is hereby repealed. The Lake Elmo City Council further ordains that Section 200.01 Subdivision 11 is hereby added to the Lake Elmo Municipal Code to read as follows, to wit: Section 200.01 Subd. 11. Board of Adi stment and A Deal A. Establishment of Board of Adj shnerd and Appeals The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following powers with respect to this seclion: 1. The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an administrative officer in the enforcement of the zoning ordinance. 2. The appeal shall be filed within five (5) days from the date that the decision, order, requirement, or determination is made and shall state: a. The particular decision, order, requirement, or delenninallon from which the appeal istaken. b. The name and address of the appellant. c. The grounds for the appeal. d. The relief requested by the appellant. B. Effect of Appeal. An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to wham the appeal is taken certifies that by reason of the facts slated in the certificate, a stay would cause imminent peril to Ke or property. C. Authg* of the Board ofAdiustnent and is The Board of Adjustment and Review may reverse of affirm, wholly or partly, or may modify the order, requirement, decision of determination appealed from and to that extent shall have all the powers of the of car from whom the appeal was taken, and may direct the issuance of a permit D. Hearing Procedures. 1. The Zoning Administrator shall, upon the filing of a notice of appeal, refer the matter to the Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board. 2. The zoning Administrator shall notify the appellant orapplicaM the chair person of Ore Planning Commission, the building offidal, the abutting property owner, and in the case of an appeal, the officer from whom the appeal is taken, of the time and pace of the hearing. The notice shad be in writing and shall be served on the peron by mail, provided the notice shall be mailed at least ten (10) days preceding the data of the hearing. D.Recard of iindm 1. The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reason for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal description of the land involved. Any such order shall be filed with the Zoning Administrator who shall immediately mall a copy of the order, bearing the notation of the filing date, to the appellant or applicant. 2.. A certfied copy of any order issued by the Board of Adjustment and Appeals acting upon any appeal from an decision, order, requirement, or determination of an administrative officer, may be filed with the County Recorder or Registrar of Tides for recording. The filing may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator EDecis'on Appals 1. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative olfcar or upon an application fora variance shall be final exceptli any aggrieved person may have any decision or order of the board reviewed for an appropriate remedy in district court as provided by law. Section 4Effective [late- This ordinance shall become effective upon its passage and publication accord- ing to law. /a/ Lee Hunt Lee Hunt, Mayor Attest: IW Mary Kueffner Mary Kueffner, City ClerWAdministmtor Adopted by the Lake Elmo City Council the 7th day of November, 2001. Published in the Stillwater Gazette on the 14th day of Nov., 2001. 11114 City of Lake Elmo Washington County, Minnesota Ordinance 97-95 An Ordinance Related to Amendments to the Lake Elmo Municipal Code Section 300.06 Subdivision 3. Variances The Lake Elmo City Council ordains that Section 300.06, Subdivision 3 of the Lake Elmo Municipal Code is hereby amended to read as follows, to wit: Section 300.06 Subdivision 3. Variances A. Hardship: A request for variance from the literal provisions of this section may be granted in instances where their strict enforcement would cause undue hardship. An "Undue Hardship" means that the property cannot be put to reasonable use if used under the conditions allowed by the zoning code; that the plight of the landowner is due to circumstances unique to the property and not created by the landowner; and that the variance, if granted, will no change the essential character of the neighborhood. Economic considerations alone shall not constitute a hardship. The City Council may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. B. Temporary Use Variance. A variance may be permitted for the temporary use of a one family dwelling as a two family dwelling provided that 1. The dwelling has existed for at least ten years, and the multiple use existed before the adoption of this Code. 2. The Septic System meets or exceeds current septic system regulations. C. Application. An application for a variance shall be filed with the Zoning Administrator. The application shall be accompanied by a fee in the amount set forth from time to time by resolution of the Council, and development plans showing such information as the Zoning Administrator may reasonably require for purposes of this section. 1. The application shall contain sufficient information to determine whether the proposed variance will meet all applicable development standards if the variance is granted. In all cases, the completed application shall include: f. a. Name and address of the applicant. b. The legal description of the property involved in the request for variance, including the street address, if any, of the property. c. The name and address of the owners of the property and any other person that has a legal interest in the property. d. A site plan drawn to scale showing the property dimensions. e. Location of all existing and proposed buildings and their size including square footage. f. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks. g. The variance requested and the reasons for the request. h. A list of the abutting property owners. D. Planning Commission Review 1. The Zoning Administrator shall, upon the filing of a completed application for a variance, refer the matter to the Planning Commission. 2. The Zoning Administrator shall notify the applicant and the abutting property owner(s) of the time and place of the hearing. The notice shall be served on the person by mail, provided the notice shall be mailed at least ten (10) days preceding the date of the hearing. 3. The Planning Commission shall make written findings for all variance applications and shall state in the findings the reasons for its recommendation to the City Council. 4. The Planning Commission may recommend to the City Council conditions if granting of a variance which may reasonably determine to be necessary to protect adjacent properties, preserve the public health, safety, and welfare, and comply with the intent and purposes of this section. The Planning Commission may also recommend conditions and requirements deemed necessary to insure compliance with the terms of the variance. E. City Council Action. The City Council shall receive the recommendation of the Planning Commission and shall take final action on the variance request within sixty (60) days of the City" receipt of a completed application unless the review period is otherwise extended pursuant to the applicable state regulations. Section 2. Effective Date: This ordinance shall become effective upon it passage and publication according to law. Lee Hunt, Mayor Attest: tamer � Mary I effne ity A trator Adopted by the Lake Elmo City Council the Th day of November, 2001 Published in the Stillwater Gazette the ' l day of 3()V • , 2001 31 C) AFFIllAVIT OF PUBLICATION tir��ro�ter Aa3ette 1931 Curve Crest Blvd. 11/16/01 Stillwater, MN 55082 (651)439-3130 Fax:(651) 439-4713 State of Minnesota} ss. County of Washington) The undersigned, being duly sworn, on oath, says that s/he is the Publisher or authorized agent and employee of the Publisher known as the Stillwater Evening Gazette, and has full knowledge of the facts which are stated. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota State Statute 331A.02, 331A.07 and other applicable laws as amended. Printed below is a copy of the lowercase Alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind type used in composition and publication of the of notice. abcdeFghiiklmnupcgrsm%�vxyz W4 MARK BERRIMAN Publisher U NOTARY PUBLIC-MINNESOTA My Commission Expires 1-31-2005 Subscribed and sworn to or affirmed to me on this day of/c` 2001. Notary Pubic City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 Invoice #: 00000458 Terms: Net 30 Inches Description Price Total 16 Lake Elmo City of Lake Elmo Ord. $4.08 $65.28 97-95, Published 11/14 Maximum rate per column inch under Minnesota I.aw: $16.90 per 12-pica column $65.28 Sub Total $65.28 Payment $0.00 Balance Due $65.28 CITY OF Lake Elmo Evening Gazette, November 14, 2001 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-95 An Ordinance Related to Amendments to the Lake Elmo Municipal Code Section 300.06 Subdivision 3. Variances The Lake Elmo City Council ordains that Section 300.06, Subdivision 3 of the Lake Elmo Municipal Code is hereby amended to read as follows, to wit: Section 30006 Subdivision 3 Variances JA HArdshlo-A request for vanance from the literal provisions of this section may be granted in instances where their strict enforcement would cause undue hardship. An "Undue Hardship" means that the property cannot be put to reasonable use If used under the conditions allowed byntg - code; that the plight of the landowner is due to circumstances unique to the property d not crea ad by the landowner; and that the variance, If granted, will not change the essential character of the neighborhood. Economic considerations alone shall not constitute a hardship.'The City Council may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. B 7emooma Use Variance A variance may be permitted for the temporary use of a one family dwelling as a two family dwelling provided that: 1. The dwelling has existed for at least ten years, and the multiple use existed before the adoption of this Code. 2. The Septic System meets or exceeds current septic system regulations. Q—AR0QfitJQT6 An application for a variance shall be filed with the Zoning Administrator. The appli- cation shall be accompanied by a fee in the amount set forth from time to time by resolution of the Council, and development plans showing such information as the Zoning Administrator may rea- sonably require for purposes of this section. - 1. The application shall contain sufficient information to determine whether the proposed variance will meet all applicable development standards 0 the variance is granted. In all cases, the win plated application shall include: a. Name and address of the applicant b. The legal description of the property involved in the request for variance, including the street address,'ff any, of the property. c. The name and address of the owner of the property and any other person that has a legal interest in the property.: it. A site plan drawn to scale showing the property dimensions. e. Location of all exisfing and proposed buildings and their site including square footage. I. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks. g. The variance requested and the reasons for the request. h. A list of the abutting property owners. ill c Commiss'on Review oning Administrator shall, upon the filing of a cemple[edapplication for a variance, refer atter to the Planning commission.oning Administratorshall nati(ythe applicant antlthe abutting property owners) of thetime lace of the hearing. The notice shall be served on the person by mail, provided the notice be mailed at least ten (10) days preceding the date of the hearing.lications and shall lanning Commission shall make written findings for all variance appin the findings the reasons for its recommendation fo the Ciry Coundl. lanning Commission may recommend to the City Coundl conditient prif granting of�arve which may reasonaby determine to be necessary to pvan- rotect adjacent properties, public health, safety, and weMare, and comply with the intent and purposes of this neces. lanning Commission may also recommend conditions and requirements deemed neces- sary to insure compliance with the terms of the variance. E. ra., Council Action. The City Council shall receive the recommendation of the Planning Commission and shall take final action of the variance request within sixty (60)days of the City' receipt of a completed application unless the review period is otherwise extended pursuers to the applicable state regulations. --2 cffoeOve Date: This ordinance shall become effective upon it passage ard publication accord- ing to law. /s&se Hunt Lae Hunt, Mayor Attest: Is/ Mary Kueffner Mary Kushner, City Administrator Adopted by the Lake Elmo Ciry, Council the 7th day of November, 2001. Published In the S611water Gazette on the 14th day of Nov., 2001. 11/14 City of Lake Elmo Washington County, Minnesota Ordinance 97- q q An Ordinance Relating to the Lake Elmo Municipal Code The Lake Elmo City Council ordains that Section 300.06, Subdivision 3 of the Lake Elmo Municipal Code is hereby repealed. The Lake Elmo City Council further ordains that Section 200.01 Subdivision 11 is hereby added to the Lake Elmo Municipal Code to read as follows, to wit: Section 200.01 Subd.11. Board of Adjustment and Appeals. A. Establishment of Board of Adjustment and Appeals. The Council is established as the Board of Adjustment and Appeals. The Board of Adjustment and Appeals shall have the following powers with respect to this section: 1. The exclusive power to hear and decide appeals where it is alleged that there is an error in any decision, order, requirement, or determination made by an administrative officer in the enforcement of the zoning ordinance. 2. The appeal shall be filed within five (5) days from the date that the decision, order, requirement, or determination is made and shall state: a. The particular decision, order, requirement, or determination from which the appeal is taken. b. The name and address of the appellant. c. The grounds for the appeal. d. The relief requested by the appellant. B. Effect of Appeal: An appeal stays all proceedings in furtherance of the action appealed from unless the Board of Adjustment and Appeals, to whom the appeal is taken certifies that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. C. Authority of the Board of Adjustment and Appeals The Board of Adjustment and Review may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and to that extent shall have all the powers of the officer from whom the appeal was taken, and may direct the issuance of a permit. D. Hearing Procedures. 1. The Zoning Administrator shall, upon the filing of a notice of appeal, refer the matter to the Board of Adjustment and Appeals and establish a time for the hearing of the matter by the Board. 2. The Zoning Administrator shall notify the appellant or applicant, the chairperson of the Planning Commission, the building official, the abutting property owner, and in the case of an appeal, the officer from whom the appeal is taken, of the time and place of the hearing. The notice shall be in writing and shall be served on the person by mail, provided the notice shall be mailed at least ten (10) days preceding the date of the hearing. D. Record of Findings. 1. The Board of Adjustment and Appeals shall make written findings in any case of an appeal and shall state in the findings the reasons for its decision. The order issued by the Board of Adjustment and Appeals shall include the legal desctiption of the land involved. Any such order shall be filed with the Zoning Administrator who shall immediately mail a copy of the order, bearing the notation of the filing date, to the appellant or applicant. 2. A certified copy of any order issued by the Board of Adjustment and Appeals acting upon any appeal from an decision, order, requirement, or determination of an administrative officer, may be filed with the County Recorder or Registrar of Titles for recording. The filing may be made by the Zoning Administrator as soon as is reasonably possible after the filing of the order with the Zoning Administrator. F. Decision, Appeals. 1. All decisions of the Board of Adjustment and Appeals acting upon an appeal from an order, requirement, decision, or determination by an administrative officer or upon an application for a variance shall be final except that any aggrieved person may have any decision or order of the board reviewed for an appropriate remedy in district court as provided by law. Section 3. Effective Date: This ordinance shall become effective upon it passage and publication according to law. Lee Hunt, Mayor Attest: \ t t c Mary lkiuefkn , CityManrustrator Adopted by the Lake Elmo City Council the 7`s day of November, 2001 Published in the Stillwater Gazette the I LIi� day of 2001. 0 CF CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE SUMMARY ORDINANCE NO. TQ On the 7 h day of November, 2001, the Lake Elmo City Council adopted Ordinance No. 91 relating to Fire Safety Devices and authorized the publication of the following Ordinance Summary by four affirmative votes, as required by Minnesota Statutes �412.191, Subd. 4. The summatq is as follows: Summary of Ordinance No. 9-1 (�3 Fire Safety Devices 510.02 Fire Protection and Safety Devices Subd. 1 Floor Plans Subd. 211azardous Material List Subd. 3Lock Boxes Subd. 4Standpipes Subd. 5 Exit Signs Subd. 6Smoke Detectors Subd. 7Annunciator Panel A copy of the Ordinance is available for inspection by any person during regular business hours at the office of the City Administrator at 3800 Laverne Avenue, Lake Elmo, MN 55042. Dated: 6-3eO1Z Signed: Mary <-u er, Ci dministrator 3 f C) CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- 93 (Adopted — Excluding Lock boxes) The Lake Elmo City Council ordains that Section 510.02 and its subdivisions are hereby added to the Lake Elmo Municipal Code to read as follows, to wit: 510.02. Fire Protection and Safety Devices. Building owners shall comply with the following regulations on or before January 1, 2002 for existing commercial structures, and prior to the issuance of a Certificate of Occupancy for new commercial structures. Subd. 1. Floor Plans. A budding floor plan shall be provided to the Lake Elmo Fire Chief. The floor plan shall satisfy the following requirements: A. It shall illustrate, to scale, each floor and basement area. B. It shall illustrate locations for the electrical main panel and shut offs, gas utility locations and shut offs, water main shut offs, sprinkler system valves, and main shut offs. C. It shall illustrate the locations of all smoke detectors, fire alarms, fire alarm pulls, fire extinguishers, alarm indicator panels, and main alarm panels. D. It shall illustrate the location of stairwells, emergency exits, interior doorways, attic access, firewall locations, firewall attic access and roof access. E. Any other information as deemed necessary and reasonable by the Lake Elmo Fire Chief. Subd. 2. Hazardous Material List The Lake Elmo Fire Chief shall be provided a list of all hazardous materials/chemicals stored in the commercial structure and/or on the commercial property, a drawing to scale which provides the quantities of such materials/chemicals, and a material data sheet for each hazardous material/chemical. Hazardous material lists shall be updated annually and when shipments of new or seasonal chemicals/materials are received. Subd. 3. Standpipes. All commercial buildings in excess of one story shall install Fire Department standpipe connections in stairwells with connections to the standpipe located on each floor landing area. A Standpipe shall satisfy the following requirements: A. It shall be constructed of a minimum of 3" piping with a 2-1/2 inch outlet for the Fire Department. B. It shall have a minimum flow capacity of 250 gallons per minute. C. It shall have connection threads that are consistent with the standards contained in the "National Standard Hose Threads" regulation. Subd. 4. Exit Signs. All commercial structures with sleeping quarters shall install lighted exit signs above and on the side of doors at floor level on the door handle side of the frame. Subd. 5. Smoke Detectors. Smoke detectors shall be required in all commercial structures. Smoke detectors shall be connected to the fire alarm system for proper notification of the Fire Department when an alarm occurs. Subd. 6. Annunciator Panel. The annunciator panel for heat, smoke, and fire alann shall clearly show the location of the particular alarm or alarms that have tripped. Effective Date: This Ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the Lake Elmo City Council. Adoption Date: Passed by the Lake Elmo City Council on the 7th day of November, 2001. Lee Hunt, Mayor Attest: May I efi' •, City Ad&Astrator CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-92 An Ordinance Amending Sections 300.07 Subd.4.1-1.4.A.vii; 300.07 Subd. CK.6.A.vii.; and, 300.07 Subd.4.L.6.A.vii. of the Lake Elmo Municipal Code Section 1. Amendment: Section 300.07 Subd. 4.H.4.a.vii is hereby amended, in part, and shall read as follows; to wit: Section 300.07 Subd. 4. H. 4.a. vii: The exterior surfaces of all buildings shall be faced with brick, stone, or glass. Section 2. Amendment: Section 300.07 Subd. 4. K.6.a.vii is hereby amended, in part, and shall read as follows; to wit: 300.07 Subd. 4.K.6.a.vii. The exterior surfaces of all buildings shall be faced with brick, stone, or glass. Section 3. Amendment: Section 300.07 Subd. 4.L.6.A.vii is hereby amended, in part, and shall read as follows; to wit: 300.07 Subd.4.L.6.A.vii. The exterior surfaces of all buildings shall be faced with brick, stone, or glass.. Section 4. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest Q yip "" ✓ 'LEA PiV Mary I effner, nty�Clerk/Administrator Adopted by the Lake Elmo City Council the 16 h day of October, 2001. Published in the Stillwater Gazette on the �D 6--�` day of • , 2001. f 3 �i (300.07 Sub. 4.H.ka.vii.) Lake Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance vi. Description of unique architectural features specific to the particular request. vii. The exterior surfaces of all buildings shall be faced with brick, stone, or glass.' The City may allow architecturally enhanced and integrally colored block, in all cases examples of the proposed finish are to be submitted for review by the Planning Commission. No budding shall be constructed with a main exterior surface of sheet aluminum, steel corrugated aluminum, or similar products; these materials are acceptable only as trim. Non-structural metal standing seam roofing is permitted. No accessory building shall exceed the height of a principal building. All exterior equipment and trash and recycling storage areas and dock areas shall be screened with materials used in the principal structure. Low profile, self-contained HVAC units which blend in with the building architecture are exempt from the screening requirement. Underground utilities shall be provided for all structures. b. Landscaping. All yard area shall either be landscaped green areas or open and left in a natural state. Yards to be landscaped shall be landscaped attractively with lawn, trees and shrubs in accordance with a plan prepared by a landscape architect. Areas left in a natural state shall be kept free of litter, debris and noxious weeds. Yards adjoining any residential zone shall contain a buffer area consisting of betming, landscaping and/or fencing for the purpose of screening noise, sight, sound and glare. A reasonable attempt shall be made to preserve as many existing trees as is practical and to incorporate them into the site plan. Where areas abut residential districts, a buffer area of a minimum depth of 100 feet will be required. The buffer area shall be completely defined and designed, and approved by the City prior to all final City, inspections for construction on site. 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 for a minimum of 24 months, approved by the City Attorney, to assure construction of the buffer area. All landscaping shall comply with Section 520.01. I. HB - Highway Business. 1. Permitted Uses and Structures. Highway Business Automobile Service Hotels Motels Restaurants Other Highway Business Uses Similar to above Recreational Vehicle Sales(including motorized hmg gliders) t Amended Ordinance 97-92 10-16-01 300-38 3 Ci f Lake Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance (300.07 Subd. 4.K5.a.vii.) Limited Business - Minimum District Requirements (continued) Maximum area to be covered by buildings, parking 40% lots, driveways and other hard surfaces: Minimum Building Floor Size: 4,000 square feet Sewer Discharge (Alro see Section 700) No use may exceed a ratio of 3.0 SAC units per 3.5 acres or 235 gallons per day per net acre of land, whichever is more restrictive. For the purpose of this regulation, net acres equals the total area of the lot minus wetlands, open water and dedicated public or street right-of-ways. No one single on -site sewer system shall be designed to handle more than 5,000 gallons per day. Each parcel must dedicate areas for primary and secondary on -site sewer treatments areas. Maximum Width of Driveways See Section 1405.07 Signage See Section 300.07 K. 6 d. and Section 535 6. Performance Standards. a. Minimum Architectural Standards. It is in the best interest of the City to promote high standards of architectural design. New building proposals shall include architectural and site plans prepared by registered architect and shall show the following as a minimum: i. Elevations of all sides of the buildings, ii. Type and color of exterior building materials, in. Typical general floor plans, iv. Dimensions of all structures, v. Location of trash containers, heating, cooling and ventilation equipment and systems, vi. Description of unique architectural features specific to the particular request. vu. The exterior surfaces of all buildings shall be faced with brick, stone, or glass.' The City may allow architecturally enhanced and integrally colored block, in all cases examples of the proposed finish are to be submitted for review by the Planning Commission. No building shall be constructed with a main exterior surface of sheet aluminum, steel corrugated aluminum, or similar products; these materials are acceptable only as trim. Non-structural metal standing seam roofing is permitted. No accessory building shall exceed the height of a principal building. All exterior equipment and trash and recycling storage areas and dock areas shall be screened with materials used in the principal structure. Low profile, self- contained HVAC units which blend in with the building architecture are exempt from the screening requirement. Underground utilities shall be provided for all structures. t Amended Ordinance 97-92 10-16-01 300-46 �. C� (300.07 Subd. 4 L.G. -Vil) Lake Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance viL The exterior surfaces of all buildings shall be faced with brick, stone, or glass., The City may allow architecturally enhanced and integrally colored block, in all cases examples of the proposed finish are to be submitted for review by the Planning Commission. No building shall be constructed with a main exterior surface of sheet aluminum, steel, corrugated aluminum, or similar products; these materials are acceptable only as trim. Non-structural metal standing seam tooling is permitted. No accessory building shall exceed the height of a principal building. All exterior equipment and trash and recycling storage areas and dock areas shall be screened with materials used in the principal structure. Low profile, self-contained HVAC units which blend in with the building architecture are exempt from the screening requirement. Underground utilities shall be provided for all structures. b. Paddag. Each building site shall be provided with such off-street automobile parking as may be approved by the City. No parking shall be permitted on any street, driveway, or any place other than in approved parking spaces. Construction. All drives and parking lots shall be constructed with concrete or blacktop, and with concrete curb and gutters. Where appropriate, sidewalks may be required. Parking lot landscape areas, including landscape islands shall be reasonably distributed throughout the parking lot area so as to break up expanses of paved areas. ii. Ratio. Unless otherwise approved by the City, parking shall be provided as follows: (a) The minimum ratio of one permanently paved off-street automobile parking space for each 250 square feet of office building area, or the minimum tatio of one permanently paved off-street automobile parking space for every two employees, whichever ratio shall result in the greater number of parking spaces. (b) Screening. All parking area shall be screened from the public view in a manner approved by the City prior to the construction or alteration of any building or building site. (c) Location. Unless otherwise approved by the City prior to construction or alteration, parking will not be permitted within 30 feet of the front property lines (those facing any dedicated street) of the building site, nor within 10 feet of its side property lines, not within 10 feet of its rear property line. c. Landscaping. All yard area shall either be landscaped green areas or open and left in a natural state. Yards to be landscaped shall be landscaped attractively with lawn, trees and shrubs in accordance with a plan prepared by a landscape architect. Areas left in a natural state shall be kept free of litter, debris and noxious weeds. Yards adjoining any residential zone shall contain a buffer area consisting of bernilng, landscaping and/or fencing for the purpose of screening noise, sight, sound and glare. A reasonable attempt shall be made to preserve as many existing trees as is practical and to incorporate them into the site plan. Where areas abut residential districts, a buffer area of a minimum depth of 150. 'Amended Ordinance 97-92 10-16-01 300-52 � � �: C. Lake Elmo Municipal Code Chapter 5 Section 505 -General Provisions, Culverts, Excavating and Grading Private Roads, Moving Buildings into City, Exterior Finish, Expiration of Pemrit, Bond of Cash Deposit, Surveys. Pole Building Construction, Incompatible Structures. Suspension or Revocation of Pem¢t 505.09 Survey The building inspector may require a certificate of survey showing the actual dimensions of the lot to be built on, the exact size and location on the lot of the building and accessory buildings to be erected, and other information as may be necessary to determine compliance with the City Code, before issuing a building permit for new construction on any lot. 505.10 Pole Construction Buildinp Pole buildings shall be permitted in the Agricultural and Rural Residential Zoning Districts only, except they shall be prohibited where a Conditional Use Permit has been issued for an Open Space Preservation Development. 505.11 Incompatible Structures. Subd. I Referral by Inspector and Clerk Whenever an application is filed with the City for a building permit for any structure to be built, enlarged, or altered within, or moved in or into the City, and the building inspector finds that the application, plans, and specifications, and the plot plan submitted (the application papers) comply with the Code of the City except that the application papers provide for a structure, the exterior design, appearance, and functional plan which the building inspector and the clerk feel may be so at variance or so similar with the exterior design. appearance, and functional plan of structures in the neighborhood and same zoning district of the proposed structure as to cause a material depreciation generally to property in the neighborhood, then the building inspector shall within 10 days after the receipt of the application papers, file the papers and the opinion in writing, signed by the building inspector and the clerk, with the planning commission. Subd. 2 Call of Hearine Within ten day after the receipt of the application papers and opinions, the clerk shall give notice to each member of planning commission and to the public by publication in the official paper and to any other persons the clerk deems advisable, of a hearing to be held by the Planning Commission with respect to the application. The notice shall state the purpose of the hearing and the location of the structure. Notice to the applicant shall be by registered mail at least three days in advance of the hearing, provided appearance at the hearing shall constitute a waiver of any defect in the notice of the hearing. The hearing on the application shall be held not less than one week not more than two weeks after receipt of the application by the City. Subd. 3 Hearing and Findings Before or during the hearing, each member of the planning commission may view the premises upon which the structure is located or to be located, and at the heating the commission shall examine the application papers and hear the applicant. It may also hear any citizens of the neighborhood and other individuals who request to be heard. Within 48 hours of the close of the hearing, the commission shall, pursuant to a majority vote of all the members of the commission, file written findings of the fact. It shall determine whether the exterior design, appearance and functional plan of the structure is or is not at a variance or so similar with the exterior design, appearance and functional plan of structures constructed or in the course of construction in the 'Amended Ordinance 97-91 10/16/01 505-8 2/18/97 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- 91 AN ORDINANCE AMENDING THE LAKE ELMO MUNICIPAL CODE SECTION 505.10 "POLE CONSTRUCTION BUILDINGS" Section 1. Amendment: Section 505.10 Pole Construction Buildings is hereby amended as follows: to wit: Section 505.10 Pole Buildings: Pole buildings shall be permitted in the Agricultural and Rural Residential Zoning Districts only, except they shall be prohibited where a Conditional Use Permit has been issued for an Open Space Preservation Development. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest - Mary KiiVffnet, Jerk/Administrator Adopted by the Lake Elmo City Council the 16th day of October 22001. ( Published in the Stillwater Gazette on the �--Y� day of k` - , 2001. Cl CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-_ AN ORDINANCE AMENDING SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE BY ADDITION OF THE FOLLOWING DEFINITION FOR "BUILDING HEIGHT" Section 1. Amendment: Section 150, "Definitions"; of the Lake Elmo Municipal Code is amended to include the following; to wit: Building Height: The vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by building to the highest point of the roof for flat roofs; to the roof deck line of mansard roofs; and, to the mean height between eaves and ridge for gable, hip and gambrel roofs. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest a Mary K ei City Cler Administrator Adopted by the Lake Elmo City Council the 2"d day of October 2001. Published in the Stillwater Gazette on the day of r_� :� , 2001. f� r �� C� r► CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- 89 AN ORDINANCE AMENDING SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE A DEFINITION OF THERAPEUTIC MASSAGE Section 1. Amendment: Section 150 of the Lake Elmo Municipal Code is hereby amended to included the definition of Therapeutic Massage, to wit: Therapeutic Massage: The process by which a practitioner applies massage therapy techniques, and may apply adjunctive therapies, with the intention of positively affecting the health and well being of the client. The rubbing, stroking, kneading, tapping, positioning, causing movement and applying touch and pressure to the body. Adjunctive therapies may include: (1) Application of heat, cold, water, mild abrasives, heliotherapy, topical preparations not classified as prescription drugs; (2) the use of mechanical devices and tools which mimic or enhance manual actions; and, (3) instructed self -care and management. Massage therapy shall not include techniques traditionally practiced by chiropractors. Therapeutic Massage shall be performed only by a person who has provided the City with proof of Professional Liability Insurance and/or National Certification. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. �) Lee Hunt, Mayor Attest Mary Kue freer, City Clerk/Administrator Adopted by the Lake Elmo City Council this 20th day of November 2001. Published in the Stillwater Gazette on the 19 day of';C.. 2001. (i CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- S �) AN ORDINANCE AMENDING SECTION 300.07 SUBD. 4.H.1.E. OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE THERAPEUTIC MASSAGE AS A CONDITIONAL USE IN THE GENERAL BUSINESS ZONING DISTRICT Section 1. Amendment: Section; 300.07 Subd 4.H.I.e. is here by amended to included the following use permitted by a Conditional Use Permit in the General Business Zoning District, to wit: Therapeutic Massage Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest: Mary ' City C%&/Administrator Adopted by the Lake Elmo City Council the 2"s day of October 2001. Published in the Stillwater Gazette on the day of J L . , 2001. 3 f C C:� CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- AN ORDINANCE AMENDING SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE A DEFINITION OF A FITNESS STUDIO Section 1. Amendment: Section 150 of the Lake Elmo Municipal Code is hereby amended to included the definition of a Fitness Studio, to wit: Fitness Studio: A place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building. Fitness Studio may include exercise equipment; and shall exclude massage in any form. The maximum allowable floor area is 5,000 square feet. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest Mar)�Kuei 7r, City erk/Administrator Adopted by the Lake Elmo City Council this 2°d day of October 2001. Published in the Stillwater Gazette on the 1 day of ©LE . 1 2001. �1 Ci C., CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- a (o AN ORDINANCE AMENDING SECTION 300.07 SUBD. 4.1-1.1.E. OF THE LAKE ELMO MUNICIPAL CODE TO INCLUDE FITNESS STUDIO AS A CONDITIONAL USE IN THE GENERAL BUSINESS ZONING DISTRICT Section 1. Amendment: Section: 300.07 Subd 4.H. i.e. is here by amended to included the following use permitted by a Conditional Use Permit in the General Business Zoning District, to wit: Fitness Studio provided the maximum floor area does not to exceed 5,000 square feet. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest: Mary,ue , City erk/Administrator Adopted by the Lake Elmo City Council the 2nd day of October 2001. Published in the Stillwater Gazette on the I day of C3G`F . 1 2001. r I c) CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97i35 AN ORDINANCE ADDING SECTION 1005.041. (PARKING PROHIBITED) TO THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 1005.041. is hereby added to the Lake Elmo Municipal Code, to wit: 1. On both sides of Eagle Point Boulevard from Inwood Avenue to Hudson Boulevard. Section 2. Effective Date: This ordinance shall become effective upon it passage and publication according to law. Lee Hunt, Mayor ATTEST: hw-� Mary K ffne , City Administrator Published in the Stillwater Gazette on the y-�\ day of . , 2001. 3 Affidavit of Publication *tiYYbiater (Da3ette 102 South Second Street, P.O. Box 58, Stillwater, MN 55082 Phone: (651) 439- 3130 Fax: (651) 439-4713 Stutc of Minnr,ni,I, Count, of \11i;hincunn The undersigned, being duly sworn, on oath says that s/he is the Publisher or authorized agent and enplo\ce 01 the Publisher of the newspaper known as the Stillwater Evening Gazette and has full kno,cicdee of the facts „hick arc Flu ra 1. (A) The newspaper has complied with at] of the requirements constituting qualification nS n qualifiCd,i- provided by Minnesota State Statute 331A.02. 331A.07 and other applicable laws as amended. Primed helo„ i, n a'P, „I the lowercase alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of I,I,r u,ai in composition and publication of the notice. abcdetghijkimnopgrstuvwzyz. Subscribed and sworn to or affir before me on this �NotaryPti City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 5 dap of _ 2001. AAANK B RRfMAN .,.fir ". N07Afiy PUBLIC — MINNESOTA MI Commsinu Exoires t-37-2005 Invoice #: 00 Terms: Net 30 9/5/01 Inches Description Price Total 3 Lake Elmo City of Lake Elmo Ord. 9785, $4.08 Published 9/4 Nlimmum rate Per column inch under Nlinncsotn fa,c $16.90 per inch $12.24 $12.24 Sub Total $12.24 Payment $0.00 Balance Due $12.24 CITY OF Lake Elmo Evening Gazette, September 4,2001 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 9785 AN ORDINANCE ADDNG - SECTION 1005.041 (PARKING PROHIBATED) TO THE LAKE. ELMO MUNICIPAL CODE Section 1 Amn_�Section 1005.041, Is hereby added to the Lake Elmo Municipal Code to wit: 1. On both sides of Eagle Paint Boulevard from Inwood Avenue to Hudson Boulevard. 15009n?..Effective This. ordinance shall becolb effective upon its passage and publication according to law. /s/Lee Hunt Attest: - Lee Hunt, Mayoc /s/ Mary Kueffner - Mary Kueffner, City Administrator 9/4 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA Ordinance 97- �q An Ordinance Adding Section 1396 - Amateur Radio Tower Antenna to the Lake Elmo Municipal Code Section 1. Amendment: Section 1396 is hereby added to the Lake Elmo Municipal Code and shall read as follows: Section 1396 - Amateur Radio Tower Antenna 1396.01 Purpose and Intent. The City's Amateur Radio Tower Antenna regulations are adopted in order to: A. Facilitate the provision of Amateur Radio Tower Antenna services to the residents and businesses of the City. B. Minimize adverse visual effects Amateur Radio Tower Antennas through careful design and siting standards. C. Minimize adverse visual effects of Amateur Radio Tower Antennas. D. Avoid potential damage to adjacent properties from Amateur Radio Tower Antenna failures through structural standards and setback requirements. E. �4R 3cimis rh f - b -- -- a appra ed - a wers, ftate rAtas aft a VA t E in _de to _de the ftffL_ L seeh feeilities Reeded r E'Y Y 1396.02 Permit Required. No person shall install an Amateur Radio Tower Antenna higher that what is permitted in the zone in which it is located without first receiving the appropriate permit. 1396.03 Amateur Radio Tower Antenna Permit. Subd. 1. Application. Applications for a Amateur Radio Tower Antenna permit shall be submitted to the City Planner, and shall include the following: A. A survey drawn to scale, which illustrates the parcel on which the antenna will be located, buildings located on the parcel, buildings located with 100 feet of the parcel and the location of the proposed Amateur Radio Tower Antenna, B. A drawing to scale, which illustrates the antenna's relative size and visibility from adjoining property. Amateur Radio Tower Antenna structures shall not exceed 120 feet in height. The Amateur Radio Tower Antenna must be set back from all adjoining property lines a distance no less than the height of the Amateur Radio Tower Antenna plus 15 feet. 1 3 C. Documentation from the Amateur Radio Tower Antenna manufacturer showing construction details and construction materials. D. Mailing addresses for all property owners of record located within 350 feet of the subject property. E. A copy of the applicant's FCC Amateur Radio License. 1396.04 Planning Commission Review. Upon receipt of a completed application, the City Planner shall schedule a hearing before the Planning Commission, which shall be preceded by ten days mailed notice to the record owners of property located within 350 feet of the parcel on which the Amateur Radio Tower Antenna will be located. The Planning Commission shall make recommendations to the City Council regarding the issuance of Amateur Radio Tower Antenna Permit and, in particular, concerning the following: A. The reasonable necessity for the Amateur Radio Tower Antenna. B. The appropriateness of the Amateur Radio Tower Antenna design. C. The appropriateness of the Amateur Radio Tower Antenna's construction materials and assembly. D. Maintenance Requirements. E. The distance of the Amateur Radio Tower Antenna from adjoining property lines. 1396.05 City Council Review. Upon receipt of Planning Commission recommendations, the City Council shall review the application. The City Council may approve the application subject to conditions, table its review until a date certain, or deny the application for an Amateur Radio Tower Antenna Permit. If the application is approved by the City Council, an Amateur Radio Tower Antenna and a Building Permit shall be issued upon the execution of an Amateur Radio Tower Antenna Agreement. The terms of the Amateur Radio Tower Antenna agreement shall include the following: A. A list of the conditions of approval to the Amateur Radio Tower Antenna Permit. B. A statement indicating that failure to comply with the conditions of approval shall result in the removal of the Amateur Radio Tower Antenna structure. C. A statement indicating that the expenses incurred by the City to enforce the provisions of the Amateur Radio Tower Antenna Agreement shall be reimbursed by the applicant D. A statement, which requires the applicant to use the procedures, established by the FCC to resolve any complaints received relating to interference allegedly caused by the Amateur Radio Tower Antenna. E. A statement indicating that the Amateur Radio Tower Antenna Permit shall be valid during the term of the Amateur Radio Tower Antenna agreement and only while the applicant resides on the property. 1396.06 Review and Revocation. The City Planner shall inspect the property at least annually for compliance with the provisions of the Amateur Radio Tower Antenna agreement. If the permittee does not comply with the terms of the Agreement, a hearing shall be scheduled before the City Council for determining whether to terminate the Agreement. The hearing shall be preceded by ten- (10) days -mailed notice to occupants of property within 350 feet of the lot on which the Amateur Radio Tower Antenna is located. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. c c f �_� Lee Hunt, Mayor Attest: Maty I effne City aerWAdministrator Published in the Stillwater Gazette on the Q l day ofR 2001 f A Affidavit of Publication �&tfflbja Ater oa3ette 102 South Second Street, P-10. Box 58, Stillwater, MN 55082 Phone: (651)439- 3130 Faje = (651)439-4713 SLua �f \Iinne.nLu The undersigned, being duly 5 worn. on oath says that s/he is the Publisher or authorized a C t 11, It, Publisher of the newspaper known as the Stillwater Evening Gazette, and has full knowledge oa the fncls n hich :ur .nli�.,l A newspaper Plied with all of the requirements constitu[in Sent nd ( )The news a er has com provided by Minnesota State Statute 331A.02. 331A.07 and other applicableg qualificatirre on as n qualified �I the lowercase alphabet, from A to Z, both inclusive, which is hereby aknowledgedlaws nisnbei nia the rlize ellldhAind of I, , or the notice. abcdefghijklmno llm m composition and publication pgrsWvwxyz. I u�ri • Subscribed and Notary City of Lake Elmd' 3800 Laverne Ave. N. Lake Elmo, MN 55042 Inches before me on this day of,Q�� 'uul JIM KREMER NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1-31-2= 20 Lake Elmo City of Lake Elmo Ord. 97-84, Published 8/29 iMamnaun rate per column inch under Minnesota Law. $16.90 per inch Invoice #: 00000203 Terms: Net 30 8/31/01 Price $4.08 1 Total $81.60 $81.60 Sub Total Payment $81:60 $0.00 Balance Due $81.60 Lake E�mv Eveni�August 29, 2001 CITY OF LAKE ELM TY INNESOTA WASHINGTOONINANE C7-04 An Ordinance Adding Section 1396 - nma ,Radio Towpr Antennato the �sQ Is hereby added to the Lake Elmo Municipal Code and shall read as follows: Section 1396 - Amateur Radio Tower Antenna 1396.01 Purpose and Inter - The City's Amateur Q&Amateur Antety a0d6 sassin,wies t d, costInia adv Amateur Ratli°rse visual eryects i°wergnto' esign nnas antl siting NOPe s?P 4,T7ea}qn ensha//i t is .oer°°lhsit o�h/gheaiian - 19ac 7 reoei 6/,7 thanq,)7, q'N q g9t5ea6rt shot is Qaaio /O�hB H .°r°,°ri °atear q. at° pot ,7h, obs parcel on which the Amateur Padic Tower AnfCnr, will ommiss on shall lake be 10cated hrecom- Planning ancil regarding mendaiions to the Giry,�ur Radio the issuance of the. nd, in particular, Tower Antenna r w16, cn°cer� ur Radio necessity for the atlio Tower Antenna. The appropriateness Amateur Radio toof the design, wer Antenna C The appropriateness of it, Amateur Radio Towe er gntenna's bly. construction materials and assem- D. Maintenance Requirements E. the distance of the Amateur Radio property Tower gntenna from adjoini lines. ng teq-•shd�,�tho_'n9jb - r con 'r Ciensejh ��i2oru eaaotz /o T worortrO a force asinotnai� 04" i dl°rhonRaapo T s 45 the C!he Q P,o/i a shd// ower otth to be ° nt be cob a � et me ref tsn 14bOs ntto 4 WhiCh urso b my inrte°rhpadbyth �hep°9uirps ttgmdtn°e %/s r°°e�CC to at, eae h� a b.,�w� ve 0 �aba/ro I CITY OF LAKE ELMO WASMNGTON COUNTY, MINNESOTA ORDINANCE 97-� AN ORDINANCE AMENDING SECTIONS 505.13 AND 505.13 SUBDIVISIONS 1, 2 AND 3, AND ADDING SECTIONS 505.13 SUBDIVISIONS 3 AND 4. Section 1. Amendment: Section 505.13, 505.13 Subd. 1, Section 505.13 Subd. 2, and Section 505.13, Subd. 3 are hereby amended and shall read as follows; to wit: 505.13.Constrnction Site Erosion Control Subd. 1. Purpose and Intent The City finds that construction sites where natural ground vegetation has been disturbed by construction activities are sources of erosion of and the depositing of sediment on adjoining properties, public streets, and in surface water conveyance and retention facilities. This erosion and sedimentation defaces the public streets; damages adjacent properties; and, reduces the designed capacity of surface water conveyance and retention facilities. The City finds that it is in the interest of the General Public Welfare to establish standards and regulations regarding the grading of building sites; and, the installation of and continual maintenance by builders and home owners of erosion control measures on those budding sites, until such time as natural vegetation has been re-established over the disturbed areas of the budding site. The standards and regulations found in this Section are intended to provide the City with the means to permit individual site grading in keeping with approved subdivision plat grading plans; to insure retention of sedimentation within the building site peripheries until the point in time that re- established surface vegetation precludes such sedimentation; and; to remove sedimentation originating from the site from public streets. Subd. 2 Site Gradin A. Submission Requirements. All applications for a Budding Permit shall include a plot or site plan detailing the proposed finished grades of the site at all building corners and all lot comers. All grades proposed shall be consistent with the approved grading plan for the subdivision in which the building site is located. B. As Built Grades Certification. No Certificate of Occupancy shall be issued by the City for any structure until the builder or the property owner have provided the City with a Certificate of a Registered Surveyor or Civil Engineer attesting to the "as built" grades of all building comers and site comers; and, said Certificate shows all such grades to be consistent with the plot or site plan attached to the building permit application. A c C) (,j Subd. 3. Site Erosion Control A. Site Erosion Control Plan. The site or plat plan submitted with a building permit application shall provide the details of erosion control measures and devices to be installed on the site to preclude sediments from migrating into the public streets and on to adjacent property. The plan shall include trenched -in silt fence along all peripheries of site areas to be disturbed during construction, including, but not limited to, the entire public street frontage of the site, except a single site access drive not exceeding 30 feet in width, and not less than 30 feet in length. Said access drive shall be surfaced with 1.5 inch Clear material to a depth of 6 inches. B. Erosion Control Installation. All erosion control devices shall be installed on construction sites in accordance with the Erosion Control Plan and Best Management Practices prescribed by the Minnesota Pollution Control Agency prior to a footing inspection by the City. The Building Official shall not approve footings until erosion control is installed on the site in accordance with the Erosion Control Plan and Best Management Practices. C. Site Re -vegetation. All site vegetation shall be re-established within 6 months of the date of the Certificate of Occupancy- D. Erosion Control Maintenance. It is the responsibility of the builder or site owner to continuously maintain all erosion control devices on the site in compliance with the Erosion Control Plan, and maintain the condition of adjacent public streets, until such time as vegetative ground cover or impervious surface coverings are fully established on all areas of the site, as determined by the Building Official. The following procedures are hereby established to assure said compliance. 1. Es crow Deposit. An Erosion Control and Street Escrow Deposit in an amount that shall be established from time to time by resolution of the City Council, shall accompany all building permit applications. 2. City Inspections. The Building Official, or his designee, shall periodically inspect all construction sites to determine compliance with Erosion Control Plans, including the condition of any adjacent public roadways. 3. Non-compliance Notification. The builder and/or site owner shall be advised by the Building Official of any Erosion Control Plan non-compliance, or public streets requiring cleaning, by telephone, FAX, Email and/or in writing; and, the budder and/or site owner shall be notified that corrections to bring the site into compliance with the Erosion Control Plan, or removal of materials from public streets, shall be completed within 48 hours. No Building Code related inspections of sites in noncompliance with this section will be scheduled by the City. 4. Re -inspection. Construction sites found to be in non-compliance with the Erosion Control Plan or public streets found to contain materials originating from the site shall be re -inspected by the City, as soon as practicable, either upon notification by the builder or site owner that Erosion Control Plan compliance or street cleaning deficiencies have been corrected; or, upon expiration of the 48 hour correction period. 5. Re -inspection Fees. Site re-inspection(s) to determine compliance with this Section shall be at the expense of the site builder or owner, on an hourly portal-to-portal basis, at a rate established by the City Council. c cl L_' 6. City Remedy for Non-compliance with Notice. If, upon re -inspection by the City, the site continues to be in non-compliance with the Erosion Control Plan or the public streets have not been cleaned, the Building Official may employ a contractor or contractors, to undertake erosion control corrections, including sweeping of the adjacent public streets, to bring the site into compliance with the Erosion Control Plan. All building permits issued by the City shall provide the City, and it's contractors, right of access, at all times, to correct erosion control non-compliance. 7. Financial Responsibility for City Remedy. All contractor invoices to the City to correct site erosion control, or site re -inspection to verify erosion control compliance, shall be charged to the Erosion Control and Road Escrow Account of the site, including a fee to the City for processing equal to 10% of the any contractor(s) invoice for materials and services. Section 2. Amendment: Section 505.13, Subd.4 and Section 505.13, Subd. 5 are hereby added and shall read as follows, to wit: Subd. 4. Maintenance of Erosion Control and Road Escrow Account. The City Finance Director shall maintain accounting for all Erosion Control and Street Escrow Accounts. Should any individual Erosion Control and Street Escrow Account become reduced to less than the full amount of Escrow established by the City Council, the builder or site owner shall be invoiced by the City in an amount sufficient to bring the Erosion Control and Street Escrow Account to the full Escrow amount. Subd. 5. Transfer of Erosion Control and Street Responsibilities. At such time as the ownership of the site transfers in any manner, and, vegetative cover has not been sufficiently established on the site as determined by the Building Official, the responsibilities for compliance with the Erosion Control Plan and adjacent public streets shall transfer to any new owner of the site. The Erosion Control and Street Escrow Account shall be retained by the City unless replaced by new funds of an equal amount. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. n Lee Hunt, Mayor Attest: CrDr--J Mazy K effnJtyaerk)Wministrator Publidillwater Gazette on the Co day of ` , 2001. 3 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- 6 Z AN ORDINANCE ADDING SECTION 1005.04 k. (PARKING PROHIBITED) TO THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 1005.04 k. is hereby added to the Lake Elmo Municipal Code: to wit: k. On both sides of 50`h Street, from State Highway 5 to CSAH 17 (Lake Elmo Avenue) Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest Ma \Xueff t, City k/Administrator Published in the Stillwater Gazette on the day of2001. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-8�L AN ORDINANCE REPEALING SECTION 500.05 2. (Optional Chapters of the Minnesota State Building Code) and AMENDING SECTION 500.06 (Local requirements for Fire Suppression Systems) and Renumbering Current Section 500.06 to 500.07 Renumbering Current Section 500.07 to 500.08 OF THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 500.05 2.of the Lake Elmo Municipal Code is hereby repealed. Section 2. Amendment: Section 500.06 is hereby amended and shall read as follows: Local Requirements for Fire Suppression Systems: Special Fire Suppression Systems utilizing the Group B, 5,000 or more gross feet option, as defined in the Minnesota State Building Code, shall apply in all commercial zoning districts that have municipal water available and the capacity to provide the required pressure needed for Fire Suppression Systems, as determined by the City Engineer. Section 3. Amendment: Section 500.06 is hereby renumbered to Section 500.07. Section 4. Amendment: Section 500.07 is hereby renumbered to Section 500.08. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest M Kuef er, City erk/Administrator Published in the Stillwater Gazette on the 6—f-k day of ��l 2001. Section 2. Amendment: Section 810.05 is hereby repealed. Section 3. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest Mary Kueffacr, 1ty Cletk/Administrator Adopted by the Lake Elmo City Council on May 5, 2001. Published in the Stillwatet Gazette on the 0 day of , 2001. CITY OF I.ABE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- 80 An Ordinance Amending Sections 810, 810.01, 810.02. 810.03, And Repealing Section 810.04 and 810.05 of the Lake Elmo Municipal Code Section 1. Amendment: Sections 810, 810.01, 810 02, 810.03 and 810.04 are hereby amended, to wit: Section 810 — Open Burning Prohibited 810.01 Adoption by Reference The ambient air quality standards, air pollution control regulations of the Minnesota Pollution Control Agency, (MPCA) and the Open Burning Restrictions and Permitting Regulations of the Department of Natural Resources (DNR) are adopted by reference, and have the same force and effect as if they were reproduced in their entirety. 810.02 Permits, Open Fires or Open Burning, except fox recreational or campfires as hereinafter defined shall be prohibited without a permit approved by the Lake Elmo Fire Chief, or the Fire Chief's designee. As used hereinafter, the following shall mean: Subd. 1. Open Fire: Open Burning. "Open Fire or Open Burning" means a fire burning in a manner, whether concentrated or disbursed, which is not contained within a fully enclosed firebox, structure or vehicle and from which the products of combustion are emitted directly to the open atmosphere without passing through stack, duct, or chimney. Subd. 2. Recreational Fire - Campfire. "Recreational Fire" means a fire set for cooking, warming, recreational, or ceremonial purposes, which is not more than 3 feet in diameter by 3 feet high, and has had the ground 5 feet from the base of the fire cleared of all combustible material. 810.03 Violations Any person violating any of the provisions of the provisions of these rules shall be guilty of a misdemeanor. CITY OF LAKE ELMO WASHINGTON COUNTY MINNESOTA ORDINANCE 97 BO L`-) An Ordinance Amending Sections Section 810 - Open Burning efR4tvae Prohibited 810.01 Adoption by Reference The ambient air quality standards, air pollution control regulations of the Minnesota Pollution Control Agency, !n mr e1 rf:---seta AtAes, n_ 7nn5n7nn �nn5 nrnn and the Open Burning Restrictions -and Permitting Regulations of the Department of Natural Resources (DNR); are adopted by reference, and have the same force and effect as if they were reproduced in their entirety. 0 Permits •• • •• As used hereinafter, the following shall mean: Subd.1. Open Fire; Open Bunting. structure or vehicle and from which the products of combustion are emitted directly to the open atmosphere without Passing through stack, duct, or chimney. material. 810.04— Violations Any person violating any of the provisions of the provisions of these rules shall be guilty of a misdemeanor. Ro Section 2. Amendment: Section 810.05 is hereby Mealed. Lee Hunt, Manor Attest e VVr� M I eff Ci Clerk/Administrator Summary of Ordinance 97 - 79 On the 1' day of May, 2001, the Lake Elmo City Council adopted Ordinance 977'9. On the 4'' day of September, 2001, pursuant to Minnesota Statute §412.191, Subd. 4., the Lake Elmo City Council, by four affirmative votes, directed that a Summary of Ordinance 97-79 be published. Lake Elmo Ordinance 977 9 is entitled: "Open Space Preservation" relating to the following. 301 Open Space Preservation 301.01 Purpose. 301.02 Intent. 301.03 Definitions. 301.04 Use Regulations. 301.05 OP Conditional Use Permit Required. 301.06 Development Standards. 301.07 Historic Preservation. 301.08 OP Development/Concept Plan. 301.09 OP Development Preliminary Plan, Preliminary Plat and Conditional Use Permit 301.10 OP Development Final Plan. 1.11 Recording of Final Plat 301.12 Building and Other Permits 301.13 Limitation on Final Plat Approval. 301.14 Method of Amending an OP Conditional Use Permit. 301.15 Information Requirements: Additions -Exceptions. A copy of Ordinance 97-79 is available for inspection by any person during regular business hours at the office of the Lake Elmo City Administrator, 3800 Laverne Avenue North, Lake Elmo, MN 55042 Mary hpe, Cit)rWJmitristrator Published in the Stillwater Gazette on sto, 2001. CITY OF LAKE ELMO WASHIIVGTON COUNTY, MINNESOTA ORDINANCE 97-79 AN ORDINANCE ADDING SECTION 301 OPEN SPACE PRESERVATION, AND REPEALING SECTION 300.07 SUBD. 4. "O". OPEN SPACE PRESERVATION DISTRICT" CITY OF LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 301 Open Space Preservation is hereby added to the Lake Elmo Municipal Code, to wit: 301- Open Space Preservation 301.01-Purpose. The purpose of Open Space Preservation (OP) is to maintain the rural character of Lake Elmo by preserving agricultural land, woodlands, corridors and other significant natural features while allowing residential development consistent with the goals and objectives of the City's Comprehensive Plan. This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. Protected Open Space will enhance and preserve the natural character of the community and create distinct neighborhoods. 301.02 Intent. It is the intent of the City of Lake Elmo to accomplish the stated purpose of OP by approving a Conditional Use Permit for portions of property currently zoned Agricultural, Rural Residential and Rural Estate; and by adopting the comprehensive development regulations contained herein. In return for requiring Preserved Open Space as contained herein; it is the intent of the City of Lake Elmo to allow dwelling unit density that will provide a development density equal to or greater than the prior zoning; AG, Agricultural, RR, Rural Residential. and RE Residential Estate. 301.03 Definitions. Unless specifically defined in this Section, common definitions, words and phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage throughout this Code and are found in Section 150. 301.04 Use Regulations. Within OP, the following uses are allowed: Subd. 1. Permitted Uses. A. Single-family, detached. B. Preserved Open Space. C. Conservation easements. D. Agricultural E. Cooperative gardening. F. Horticultural and Floriculture services. G. Private stables. H. Single-family, attached I. Townhouses (no more than 25% in any development) J. Wayside Stand. Subd.2. Accessory Uses. Uses that are typically found accessory to a pemvtted use. Subd. 3. Prohibited Uses. All other uses are hereby prohibited. 301.05 OP Conditional Use Permit Required. No property may be developed responsive to this Section unless approval is obtained from the City Council following its approval of the, Concept Plan, Development Stage - Plan, Conditional Use Permit and Final Plan described herein. Applications for Council approval shall be submitted on forms provided by the City Administrator together with all required fees, maps, surveys and planning data. Only completed applications shall be referred to the Planning Commission for review. 301.06 Development Standards. OP Developments shall complywith the following minimum standards unless modified by four -fifths (4/5) affirmative votes of the City Council. Subd.1. Land Area. Applications for a residential development in the OP District shall meet all the following criteria: A. The minimum land area for an OP —Conditional Use Permit is a nominal contiguous forty (40) acres. The ratio of parcel length to width shall not exceed 3:1. The total number of dwelling units permitted shall be according to the development density criteria contained in the Comprehensive Plan. The total number of dwelling units within an OP Development shall not exceed the density limitations contained in the Comprehensive Plan for OP Districts. B. The total Preserved Open Space area within the OP Development shall be at least fifty (50) percent of the total Buildable Land Area, as defined by Chapter 150 of the City Code. Areas not meeting the definition of Buildable Land Area shall not be not be considered to be Preserved Open Space in determining the amount of Preserved Open Space proposed. C. Dwelling units shall be grouped so that at least 50% of the Buildable Land Area of the proposed development retrains Preserved Open Space. The Preserved Open Space shall consist of agricultural lands, natural habitat, pedestrian corridors, or neighborhood or community recreational areas. Subd. 2. Open Space Easement Required A. Preserved Open Space Standards 1. All Preserved Open Space shall be subject to a conservation easement and used for the purposes as defined by this ordinance. The land shall be controlled in one or more following manners as determined in the City s sole discretion: (a.) Owned by an individual or legal entitywho will use the land for Preserved Open Space purposes as provided by permanent conservation restrictions (in accordance with Chapter 84C.01-.05 of Minnesota Statutes), to an acceptable Land Trust as approved by the City- (b.) Conveyed by Conservation Easement to the City. 2. Not less than 60% of the Preserved Open Space shall be in contiguous parcels of not less than ten (10) acres. 3. Parks and recreational facilities shall be provided in addition to Preserved Open Space as specified in the Lake Elmo Parks Plan; and, consistent with the park dedication and fees - in -lieu standards as specified by Chapter 400 of the City Code. 4. The Preserved Open Space land shall be maintained for the purposes for which it was set aside. If Preserved Open Space was set aside for agricultural purposes or for natural habitat, a plan shall be submitted which will indicate how the land will be maintained or returned to a natural state and who will be responsible for plan implementation. Developers shall provide copies of deed covenants to prospective purchasers, and conservation easements to the City, describing land management practices to be followed by the party or parties responsible for maintaining the Preserved Open Space. 5. Where applicable, a homeowner's association shall be established to permanently maintain all residual open space and recreational facilities. Such homeowner's association agreements, guaranteeing continuing maintenance, and giving lien right to the City if there is lack of such maintenance shall be submitted to the City as part of the documentation requirements of this Section for a Final Plan. 6. Preserved Open space parcels uses shall be contiguous with Preserved Open Space or Public Park - on adjacent parcels. C. Lot Design. Lots shall be designed to achieve the following objectives (listed in order of priority): 1. On the most suitable soils for sub -surface septic disposal. 2. On the least fertile soils for agricultural uses, and in a manner which maximizes the usable area remaining for such agricultural use. 3. Within any woodland contained in the parcel, or along the far edges of the open fields, adjacent to any woodland (to reduce impact upon agriculture, to provide summer shade and shelter from winter wind, and to enable new construction to be visually absorbed by natural landscape features). 4. In locations least likely to block or interrupt scenic vistas, as viewed from Highway 36 and Highway 5 corridors, and other local roads as designated in the Comprehensive Plan. 5. Away from woodlands in open fields. D. Structures. Homes shall be oriented on the site that meets the criteria of rural hamlet. It is desired that the structures within neighborhoods convey a particular architectural style with similar building components, materials, roof pitches. E. Buffer Zones. Where a proposed OP development abuts an existing residential development or a parcel of land not eligible for future development under the OP Ordinance due to insufficient parcel area, a two -hundred (200) foot setback shall be provided between the property line of the abutting parcel and any structure or driving surface within the OP development. Driving surfaces that cross the setback area at a 90-degree angle shall be the only exception. Where a proposed OP development abuts an existing OP development, or a land parcel eligible for future development under the OP Ordinance, a one hundred (100) foot setback from any structure within the proposed OP development and the property line of the abutting parcel may be substituted. Such setback substitution shall only be approved when there is existing mature vegetation and/or changes in topography occurring on the site proposed for development; and/or where the OP site developer introduces such physical features that provide an effective year round buffer of the structures proposed for the OP site from existing residences or development. The determination of the buffering effectiveness of existing or introduced physical features that qualify a site for a 100-foot buffer shall be at the sole discretion of the City Council. F. Boulevard Landscaping. Boulevard landscaping is required along all streets to consist of at least one (1) tree per every thirty- (30) feet or placed in clusters at the same ratio. A landscape plan for the entire site is required and shall consist of at least ten (10) trees per building site; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade level. G. Pathway. A pathway system or sidewalks shall be identified which will extend through the buildable land area or through the open space land to connect to a planned or developed pathway on adjacent parcels or to a local road Pathways shall be linked to the "Old Village" to emphasize the connection between existing and new development. Pathways provided shall be at least equal in length to the sum of the centerline length of all public roads within the development. Pathways shall be constructed of asphalt or concrete in compliance with the Standard City Design Plate for OP Trails. H. Densities.. The maximum dwelling unit density shall be Sixteen (16) units per forty (40) gross acres of Buildable Land. To preserve historic structures, the following density bonus shall apply: 1. One (1) additional unit shall be permitted per OP development for $25,000 or more of estimated cost expended for the restoration and rehabilitation of a historic structure. The determination of what shall constitute a historic structure for the purposes of this allowance shall be made by the City Council on a case -by -case basis. The following shall be the minimum criteria for consideration of a structure as historic for the purposes of this paragraph: (a.) The structure shall have been originally constructed on the OP site. (b.) The structure shall reflect agricultural heritage. (c.) The planned rehabilitation/renovation shall preserve the historic appearance and character of the structure. I. Minimum District Requirements. Open Space Preservation District (OP) Single Family Townhouse Maximum Building Height Primary Structure 2'h stories or 35 feet 2'h stories or 35 feet Maximum Building Height Accessory Structures 25 feet 1 Story/20 feet whichever is less Minimum Lot Width 'h acre lot 1 acre lot N/A N/A Maximum Lot Coverage: Buildable Land Area 10% N/A Minimum Setback Requirements Front Yard 30 feet 20 feet Side Yard 15 feet or 10% of lot width, whichever is eater 15 feet or 10% of lot width, whichever is greater Comer Lot Front 30 feet 30 feet Comer Lot Side Yard 30 feet 30 feet Well From Septic Tank 50 feet 50 feet Minimum Lot Size Individual Well and Septic System 1 acre N/A Individual Well and Communal Drainfield 1/2 acre 8,000 square feet/per unit J. Utilities. 1. OP Developments may be platted to accommodate home site lots with either individual septic tanks and drainfields; or, with individual septic tanks and communal drainfields. Single-family or multiple -family lots under one (1) acre shall be constructed with an individual septic tank and a communal drainfield. 2. All septic systems shall conform to the performance standards of the Minnesota Pollution Control Agency's standards for sewage treatment systems WPC-7080 and its appendices, or the MPCA standards in effect at the time of installation and septic system regulations of the Lake Elmo Municipal Code. 3. Communal drainfields maybe partially or completely located in an area designated as Preserved Open Space provided: (a.) The ground cover is restored to its natural condition after installation. (b) Recreational uses are prohibited above or within fifty (50) feet of communal drainfields, or as approved by the City Engineer. 4. No wetland treatment system shall be allowed within the village green. K. Streets. Streets shall be developed according to the following standards that promote road safety, assure adequate access for fire and rescue vehicles, and promote adequate vehicular circulation: 1. Streets shall be designed according to the following standards; pavement shall be 14-16 feet wide for one-way streets; pavement shall be 22-24 feet wide for two-way streets; and the pavement width shall be 22-24 feet for streets where homes are located on one side of the street. 2. The mmum m street right-of-way for one way streets shall be 40 feet and the minimum right-of-way for two way street shall be 50 feet. 3. Streets shall not be constructed with a rural cross section. 301.07 Historic Preservation. Historic Structures on the site shall be identified. 301.08 OP Development/Concept Plan. Subd. 1. Required Submittals -- Development/Cone to Plan The applicant shall submit 20 copies of a Concept Plan for a development of an OP that shall include the following information: A. An existing conditions plan which identifies the following (Drawn to a scale of 1"=100'): 1. Primary Conservation Areas. 2. Secondary Conservation Areas. 3. Site Topography at 2-foot contour interval 4. Location and description of existing vegetative cover B. A general site plan to include the general location of all platted lots, streets, and open space areas, structures, trails, common open spaces and parks: (Drawn to scale of 1"=100) C. The applicant shall submit a schedule of site characteristics, calculated in acres, which shall include the following: 1. Environmental Resources: Include Map and calculated acreage of the following: (a.) Total Site (b.) Protected Wetlands (c.) Wetland buffer/setback area (d.) 12% - 24% sloped area (e) 25% + sloped area (f.) Woodlands 2. Public Improvements: Include map and calculated acreage of the following: (a.) Public road right of way (b.) Drainage way and ponding areas (c.) Trails/bikeways and sidewalks (outside of road right of way) (d.) Utility easements (e.) Public Parks 3. Proposed Development: Include map and calculated acreage of the following: (a.) Total residential area (b.) Total commercial land area (c.) Total Preserved Open Space 4. AGeneral I.andscapePlan. 5. Statement of Intent. If applicable, provide a statement of intent establishing a homeowners association with bylaws and deed restrictions to include, but not be limited to, the following: (a.) Ownership, management and maintenance of defined Preserved Open Space (b.) Maintenance of public and private utilities. (c.) General architectural guidelines for principal and accessory structures. 6. Proposed Staging Plan. 7. Historic Preservation Plan. Where applicable, an historic preservation plan for any historic structures on the site. Subd. 2. Planning Commission Review. Upon receipt of a complete Concept Plan application as certified to by the City Planner, the Planning Commission shall review OP Development Concept Plan application at a Public Hearing preceded by ten (10) days published notice and two (2) weeks marled notice to the recorded owners of each parcel located within 350 feet of the perimeter of the proposed development. The Planning Commission shall make its recommendations to the City Council within thirty (30) days of receipt of a complete application, and shall include its findings on the following: A. The Concept Plan is consistent with the goals, objectives and policies of the Comprehensive Plan. B. The Concept Plan is consistent with the purpose of the Open Space Preservation Ordinance. C. The Concept Plan complies with the development standards of the Open Space Preservation Ordinance. Subd. 3. City Council Review. The City Council shall review and approve or deny OP Development Concept Plan within thirty (60) days of the receipt of a complete application. The City Council may also table its review a reasonable time, if necessary to obtain information that will enable the Council to make a reasonable decision, and if the extension is consented to the by the applicant on the record. OP Development Concept Plan approval shall require three (3) affirmative votes of the CityCouncil. Subd. 4. Limitation of Approval. Unless an OP Development Preliminary Plan is submitted within twelve (12) months from the date on which the City Council approved the OP Development Concept Plan, the Concept Plan approval shall expire. The City Council, in its sole discretion, may extend the filing deadline for an OP Development Preliminary Plan and Conditional Use Permit if an application for extension is filed and approved by the City Council before the OP Development Concept Plan approval expires. 301.09 OP Development Preliminary Plan, Preliminary Plat and Conditional Use Permit Subd. 1. Submittals. The OP Development Preliminary Plan shall include the following: A. A statement of City action necessary for implementation of the proposed plan. B. Twenty (20) sets of site plans, drawn to scale of not less than one (1) inch equals one hundred (100) feet containing at least the following information: 1. Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat previously recorded in Washington County). 2. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property that may have an impact on the open space or the development. 3. Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian trails; and the total site coverage of all circulation elements. 4. Location, designation and total area of all Preserved Open Space. 5. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. 6. Proposed lots and blocks, if any, and numbering system. 7. The location, use and size of structures and other land use on adjacent properties. S. Preliminary sketches of proposed landscaping. 9. General grading and drainage plans for the developed OP Development. 10. Such Development plans shall also indicate the results of deep soil test pits and percolation tests, at the rate of no fewer than two (2) successful test results for each proposed septic disposal area 11. Any other information that may have been required by the City Council in conjunction with the approval of the OP Development Concept Plan. C. An accurate legal description of the entire area within the OP Development for which development plans approval is sought. D. Architectural and performance standards for the development. E. Preliminary grading and site alteration plan illustrating changes to existing topography and natural vegetation. The Plan should clearly reflect the site treatment and its conformance with the approved Concept Plan. F. A Preliminary Plat prepared in accordance with Chapter 505 of the Statutes of Minnesota, Section 400 of the Lake Elmo Municipal Code, and other applicable laws. G. A Soil Erosion Control Plan clearly illustrating erosion control measures to be used during construction and as permanent measures. H. Homeowner's Association Documents including bylaws, deed restrictions, covenants, and proposed conservation easements. Subd. 2. Planning Commission Review. Upon receipt of a complete OP Development Preliminary Plan by the City, as certified as complete by the City Planner, the City Planner shall refer the Preliminary Plan to the appropriate City Staff, consultants, and other review agencies. The Planning Commission shall review the OP Development Preliminary Plan and shall schedule public hearings as required for Preliminary Plat and Conditional Use Permit review within thirty (30) days of the City Planners receipt of a completed application and shall make its recommendations to the City Council regarding the Preliminary Plan, Conditional Use Permit and Preliminary Plat. Subd. 3. City Council Review. Within sixty (60) days of the City receipt of a complete application the City Council shall review the OF Development Preliminary Plan, Conditional Use Permit and the Preliminary Plat. The OP Development Plan, Conditional Use Permit and Preliminary Plat shall require three- (3) affirmative Council votes for approval. Upon approval, the City Council shall instruct the City Attomeyto draw up an OF Development Agreement that stipulates the specific terns and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, City Administrator and applicant within thirty (30) days of Council approval of the OP Development Preliminary Plan and Conditional Use Permit. Subd. 4. Limitation on Preliminary Plan Approval. Unless a Final Plan covering the area designated in the Preliminary Development Plan as the fast stage of the OP Development has been filed within six (6) months from the date Council grants approval, or in any case where the applicant fails to file Final Plans and to proceed with the development according to the provisions of the Ordinance, the Preliminary Development Plan and Conditional Use Permit shall expire. The Council may at its discretion, emend the filing deadline for any Final Plan when, for good cause shown, such extension is reasonable. In any case where Preliminary Development Plan and Conditional Use Permit approval expires, the Concept Plan approval and Preliminary Development Plan approval for that portion of the OP Development that has not received Final Plan approval is void. 301.10 OP Development Final Plan. The purpose of the Final Plans is to provide a complete, thorough and permanent public record of the OP Development and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the OP Development process. It shall serve in conjunction with other City ordinances as the land use regulation applicable to the OP Development. Subd. 1. Submittals Required. After approval of the Concept Plan and Preliminary Plan for an OP Development, the applicant shall submit the following material for review by the City Staff prior to the issuance of any building related permits: A. A detailed landscaping plan. B. All easements and restrictive covenants. C. All certificates, seals and signatures required for the dedication of land and recording of documents. D. General architectural working drawings of all historic structures to be rehabilitated. E. Final engineering plans and specifications for streets, utilities and other public improvements, together with all required development agreements for the installation of such improvements. F. Any other plans, agreements, or specifications reasonably necessary for the City Staff to review the proposed construction. G. Final plat. Subd. 2. City Council Review. The Final Plan is intended only to add administration detail to, and to put in final form, the information contained in the Concept Plan and the Preliminary Development Plan, and shall conform to the Concept Plan and Preliminary Development Plan. The City shall review and approve the Final Plan and Final Plat within 60 days of receipt of a complete Final OP Development Plan and Final Plat, as certified as complete by the City Planner 301.11 Recording of Final Plat The applicant shall submit to the City the recordable Final Plat drawings; all easements, deeds, plans, fees, financial security, and such other documentation as may be required by the Development Agreement within thirty (30) days of Final Plan and Final Plat approval by the City Council. The recordable Final Plat, approval Resolution, and such other documents that require recording shall be released by the City to the applicant for such recording only upon review and approval by appropriate City Staff; and, execution by the applicant and required City officials. 301.12 Building and Other Permits Except as otherwise expressly provided herein, upon receiving written notice from the City Planner that the approved Final Plan has been recorded and all conditions of approval satisfied, the City Building official may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan; provided, however, that no such permit shall be issued except upon proper application and after the requirements of all other applicable codes and ordinances have been satisfied. 301.13Limitation on Final Plat Approval. Within eighteen (18) months after approval of a Final Plan for OP Development, or such shorter time as may be established by the approved development schedule, construction shall commence according to such approved plan. Failure to commence construction within such period shall automatically render void the OP Conditional Use permit and all approvals for the final OP Development Plan. The City Council may at is discretion extend the construction time as necessary when good cause is shown. 10 Any desired change involving structural alteration, enlargement or intensification of the use not specifically allowed by the specific temis of a previously passed OP Conditional Use permit, shall require that an application be filed for an amended permit and all procedures shall then apply as if a newpemut was applied for. 301.141nformation Requirements: Additions -Exceptions. Subd. 1. Records. The City Administrator shall maintain a record of all permits issued including information on the use, locations, conditions imposed, time limits, review dates, and such other information as may be appropriate. Section 2. Amendment: 300.07 Subd. 4. Open Space Preservation District is hereby repealed in its entirety. Section 3. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest: Mary Kueffner, City Clerk/Administrator Adopted by the Lake Elmo City Council on May 1, 2001. Published in the Stillwater Gazette on 11 ,ke Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance ?--� --� fi City Council Draft — April 25, 2001 (Based on February 27, 2001 Workshop) Open Space Preservation Subd. 1 Purpose. The purpose of Open Space Preservation (OP) is to maintain the rural character of Lake Ehno by preserving agricultural land, woodlands, corridors and other significant natural features while allowing residential development consistent with the goals and objectives of the City's Comprehensive Plan. This type of development will allow an alternative to large lot, single-family housing and will reduce the cost of constructing and maintaining public facilities and infrastructure. Protected Open Space will enhance and preserve the natural character of the community and create distinct neighborhoods. Subd. 2 Intent. It is the intent of the City of Lake Elmo to accomplish the stated purpose of OP by approving a Conditional Use Permit for portions of property currently zoned Agricultural, Rural Residential and Rural Estate; by adopting the comprehensive development regulations contained herein; and by requiring property located within OP sites to be developed in compliance with these regulations and the City's Comprehensive Plan. In return for requiring Preserved Open Space as contained herein; it is the intent of the City of Lake Ehno to allow dwelling unit density that will provide a development density equal to or greater than the prior zoning; AG, Agricultural, RR, Rural Residential. and RE Residential Estate. Subd.3 Definitions. Unless specifically defined in this Section, common definitions, words and phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage throughout this Code and are found in Section 150. Subd. 4 Use Regulations. Within OP, the following uses are allowed: A. Permitted Uses. 21/18/97 2 300-66B ,ke Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance 1. Single-family, detached. 2. Preserved Open Space. 3. Conservation easements. 4. Agricultural 5. Cooperative gardening. 6. Horticultural and Floriculture services. 7. Private stables. 8. Single-family, attached 9. Townhouses (no more than 25% in any development) 10. Wayside Stand. B. Accessory Uses. Uses that are typically found accessory to a permitted use. C. Prohibited Uses. All other uses are hereby prohibited. Subd. 6 OP Conditional Use Permit Required. No property may be developed responsive to this Section unless approval is obtained from the City Council following its approval of the, Concept Plan, Development Stage Plan, Conditional Use Permit and Final Plan described herein. Applications for Council approval shall be submitted on forms provided by the City Administrator together with all required fees, maps, surveys and planning data Only completed applications shall be referred to the Planning Commission for review. Subd. 7 Development Standards. OP Developments shall comply with the following minimum standards. A. Land Area. Applications for a residential development in the OP District shall meet all the following criteria: The minimum land area for an OP —Conditional Use Permit is a nominal contiguous forty (40) acres. The ratio of parcel width to length shall not exceed 3:1. The total number of dwelling units permitted shall be according to the development density criteria contained in the Comprehensive Plan. The total number of dwelling units within an OP Development shallnot exceed the density limitations contained in the Comprehensive Plan for OP Districts. 2. The total Preserved Open Space area within the OP Development shall be at least fifty (50) percent of the total Buildable Land Area, as defined by Chapter 150 of the City Code. Areas not meeting the definition of Buildable Land Area shall not be not be considered to be 2vlsro7 3 300-66B ,ke Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance Preserved Open Space in determining the amount of Preserved Open Space proposed. 3. Dwelling units shall be grouped so that at least 50% of the Buildable Land Area of the proposed development remains Preserved Open Space. The Preserved Open Space shall consist of agricultural lands, natural habitat, pedestrian corridors, or neighborhood or community recreational areas. B. Preserved Open Space. 1. Intent and Purpose The primary intent of the Open Space Development Ordinance is the preservation of meaningful undeveloped areas in the City into perpetuity. The standards of this Open Space Preservation Ordinance allow creation of individual building lots of significantly less area than would be permitted through conventional platting. It is the intent of the City to aggregate the land area that would otherwise be required to be in individual lot area into large undeveloped parcels that will result in a rural appearance to the traveling public and adjoining property. To achieve that intent, the standards of the Open Space Preservation Ordinance require the majority of the Preserved Open Space created responsive to those standards to be large parcels. A minority if the Preserved Open Space may be created as smaller parcels to accommodate such amenities as trail corridors and Village Greens. 2. Preserved Open Space Standards a All Preserved Open Space shall be subject to a conservation easement and used for the purposes as defined by this ordinance. The land shall be controlled in one or more following manners as determined in the City's sole discretion: (l.) Owned by an individual or legal entity who will use the land for Preserved Open Space purposes as provided by permanent conservation restrictions (in accordance with Chapter 84C.01-.05 of Minnesota Statutes), to an acceptable Land Trust as approved by the City. (2.) Conveyed by Conservation Easement to the City. 21/18/97 4 300-66B ike Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance b.Not less than 60% of the Preserved Open Space shall be in contiguous parcels of not less than ten (10) acres. c. Parks and recreational facilities shall be provided in addition to Preserved Open Space as specified in the Lake Elmo Parks Plan; and, consistent with the park dedication and fees -in -lieu standards as specified by Chapter 400 of the City Code.. d.The Preserved Open Space land shall be maintained for the purposes for which it was set aside. If Preserved Open Space was set aside for agricultural purposes or for natural habitat, a plan shall be submitted which will indicate how the land will be maintained or returned to a natural state and who will be responsible for plan implementation. Developers shall provide copies of deed covenants to prospective purchasers, and conservation easements to the City, describing land management practices to be followed by the party or parties responsible for maintaining the Preserved Open Space. e. Where applicable, a homeowner's association shall be established to permanently maintaining all residual open space and recreational facilities. Such homeowner's association agreements, guaranteeing continuing maintenance, and giving lien right to the City if there is lack of such maintenance, shall be submitted to the City —as part of the documentation requirements of this Section for a Final Plan. f. €—Preserved Open space parcels uses shall be contiguous with Preserved Open Space or Public Park - on adjacent parcels. C. Lot Design. Lots shall be designed to achieve the following objectives (listed in order of priority): 1. On the most suitable soils for sub -surface septic disposal. 2. On the least fertile soils for agricultural uses, and in a manner which maximizes the usable area remaining for such agricultural use. 3. Within any woodland contained in the parcel, or along the far edges of the open fields, adjacent to any woodland (to reduce impact upon agriculture, to provide summer shade and shelter from winter wind, and to enable new construction to be visually absorbed by natural landscape features). 21/18/97 5 300-66B ike Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance 21/18/97 4. In locations least likely to block or interrupt scenic vistas, as viewed from Highway 36 and Highway 5 corridors, and other local roads as designated in the Comprehensive Plan. 5. Away from woodlands in open fields. D. Structures. Homes shall be oriented on the site that meet the criteria of rural hamlet. It is desired that the structures within neighborhoods convey a particular architectural style with similar building components, materials, roof pitches. E. Buffer Zones. 1. Intent and Purpose The stated primary intent of the Open Space Development Ordinance is the preservation of rural character through the preservation of meaningful open spaces within the City. Those portions of lands developed responsive to the Open Space Development Ordinance that are platted into residential lots and blocks, by nature of the allowed minimum lot sizes, will take on the appearance of urbanized development, rather than preservation of Rural Character. Where adjacent parcels are developed as Open Space Development neighborhoods proximity of multiple platted home sites will compound the appearance of urbanized development. It is, therefore, the intent of these Buffer Zone standards to provide spatial and/or visual separation between the Urban Character of the home sites in Open Space Development neighborhoods, and adjacent lands not platted as Open Space Development neighborhoods; existing adjacent Open Space Development housing sites; and public roadways. 2. Where a proposed OP development abuts an existing residential development or a parcel of land not eligible for future development under the OP Ordinance due to insufficient parcel area, a two -hundred (200) foot setback shall be provided between the property line of the abutting parcel and any structure or driving surface within the OP development. Driving surfaces that cross the setback area at a 90 degree angle shall be the only exception.. Where a proposed OP development abuts an existing OP development, or a land parcel eligible for future development under the OP Ordinance, a one hundred (100) foot setback from any structure within the proposed OP development and the property line of the abutting parcel may be 6 300-66B ike Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance substituted. Such setback substitution shall only be approved when there is existing mature vegetation and/or changes in topography occurring on the site proposed for development; and/or where the OP site developer introduces such physical features that provide an effective year round buffer of the structures proposed for the OP site from existing residences or development. The determination of the buffering effectiveness of existing or introduced physical features that qualify a site for a 100 foot buffer shall be at the sole discretion of the City Council, F. Boulevard Landscaping. Boulevard landscaping is required along all streets to consist of at least one (1) tree per every thirty (30) feet or placed in clusters at the same ratio. A landscape plan for the entire site is required and shall consist of at least ten (10) trees per building site ; and trees shall not be not less than 1.5 inch in caliper measured at 54 inches above grade level. - G. Pathway. A pathway system or sidewalks shall be identified which will extend through the buildable land area or through the open space land to connect to a planned or developed pathway on adjacent parcels or to a local road. Pathways shall be linked to the "Old Village" to emphasize the connection between existing and new development. Pathways provided shall be at least equal in length to the sum of the centerline length of all public roads within the development. Pathways shall be constructed of asphalt or concrete in compliance with the Standard City Design Plate for OP Trails. H. Densities.. The maximum dwelling unit density shall be Fifteens (15)) units per forty (40) gross acres of Buildable Land. To preserve historic structures, the following density bonus shall apply: One (1) additional unit shall be permitted per OP development for $25,000 or more of estimated cost expended for the restoration and rehabilitation of a historic structure. The determination of what shall constitute a historic structure for the purposes of this allowance shall be made by the City Council on a case -by -case basis. The following shall be the minimum criteria for consideration of a structure as historic for the purposes of this paragraph: 1 The structure shall have been originally constructed on the OP site. 2 The structure shall reflect agricultural heritage 21/18/97 7 300-66B ake Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance 3. The planned rehabilitation/rennovation shall preserve the historic appearance and character of the structure 21/18/97 8 300-66B Ae Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance I. Minimum District Requirements, Open Space Preservation District (OP) Single- Townhouse Family Maximum Building Height 2'/2 stories or 2%2 stories or 35 feet Primary Structure 35 feet Maximum Building Height 25 feet 1 Story/20 feet whichever Accessory Structures is less Minimum Lot Width N/A N/A %2 acre lot 1 acre lot Maximum Lot Coverage: 10% N/A Buildable Land Area Minimum Setback Requirements Front Yard 30 feet 20 feet Side Yard 15 feet or 10% 15 feet or 10% of lot of lot width, width, whichever is greater whichever is greater Corner Lot Front 30 feet 30 feet Comer Lot Side Yard 30 feet 30 feet Well From Septic Tank 50 feet 50 feet Minimum Lot Size Individual Well and Septic 1 acre N/A System Individual Well and 1/2 acre 8,000 square feet/per unit Communal Drainfield I Amended Ordinance 97-30 4-21-98 21/18/97 9 300-66B ike Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance I Utilities. OP Developments may be platted to accommodate home site lots with either individual septic tanks and drainfields; or, with individual septic tanks and communal drainfields. Single-family or multiple -family lots under one (1) acre shall be constructed with an individual septic tank and a communal drainfield. 2. All septic systems shall conform to the performance standards of the Minnesota Pollution Control Agency's standards for sewage treatment systems WPC-7080 and its appendices, or the MPCA standards in effect at the time of installation and septic system regulations of the Lake Elmo Municipal Code. 3. Communal drainfields may be partially or completely located in an area designated as Preserved Open Space provided: a. The ground cover is restored to its natural condition after installation. b. Recreational uses are prohibited above or within fifty (50) feet of communal drainfields, or as approved by the City Engineer. 4. No wetland treatment system shall be allowed within the village green.' K. Streets. Streets shall be developed according to the following standards that promote road safety, assure adequate access for fire and rescue vehicles, and promote adequate vehicular circulation: Streets shall be designed according to the following standards; pavement shall be 1446 feet wide for one-way streets; pavement shall be 29 22-24 feet wide for two-way street; and the pavement width shall be 22-24 feet for streets where homes are located on one side of the street. 2. The minimum street right-of-way for a one way streets shall be 40 feet and the minimum right-of-way for two way street shall be 50 feet. 3. Streets shall not be constructed with a rural cross section. 2 Amended Ordinance 97-30 4-21-98 21/18/97 10 300-66B ike Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance Subd. 8 Historic Preservation. A. Historic Structures on the site shall be identified. Subd. 9 OP Development/Concept Plan. A. Required Submittals -- Development/Concept Plan The applicant shall submit 20 copies of a Concept Plan for a development of an OP that shall include the following information: 1. An existing conditions plan which identifies the following (Drawn to a scale of 1 "=100'): a. Primary Conservation Areas. b. Secondary Conservation Areas. c. Site Topography at 2 foot contour interval d. Location and description of existing vegetative cover 2. A general site plan to include the general location of all platted lots, streets, and open space areas, structures, trails, common open spaces and parks: (Drawn to scale of 1 "=100) 3. The applicant shall submit a schedule of site characteristics, calculated in acres, which shall include the following: a. Environmental Resources: Include Map and calculated acreage of the following: Total Site ii Protected Wetlands iii Wetland buffer/setback area iv 12% - 24% sloped area v 25% + sloped area vi Woodlands vii Net developable acres is equal to the Total Site (I) minus Protected Wetlands (ii) minus areas with slopes exceeding 25% (v). 21/18/97 11 300-66B 21/18/97 eke Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance b. Public Improvements: Include map and calculated acreage of the following: I Public road right of way ii Drainage way and ponding areas iii Trails/bikeways and sidewalks (outside of road right of way) iv Utility easements v Public Parks c. Proposed Development: Include map and calculated acreage of the following: i.) Total residential area ii.) Total commercial land area iii.) Total Preserved Open Space d. A General Landscape Plan. e. Statement of Intent. If applicable, provide a statement of intent establishing a homeowners association with bylaws and deed restrictions to include, but not be limited to, the following: i. Ownership, management and maintenance of defined Preserved Open Space ii. Maintenance of public and private utilities. iii. General architectural guidelines for principal and accessory structures. f. Proposed Staging Plan. g. Historic Preservation Plan. Where applicable, an historic preservation plan for any historic structures on the site. B. Planning Commission Review. Upon receipt of a complete Concept Plan application as certified to by the City Planner, the Planning Commission shall review OP Development Concept Plan application at a Public Hearing preceded by ten (10) days published notice and two (2) weeks mailed notice to the recorded owners of each parcel located within 350 feet of the perimeter of the proposed development. The Planning Commission shall make its recommendations to the City Council within thirty (30) days of receipt of a complete application, and shall include its findings on the following: 12 300-66B —ake Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance 1. The Concept Plan is consistent with the goals, objectives and policies of the Comprehensive Plan. 2. The Concept Plan is consistent with the purpose of the Open Space Preservation Ordinance. 3. The Concept Plan complies with the development standards of the Open Space Preservation Ordinance. C. City Council Review. The City Council shall review and approve or deny OP Development Concept Plan within thirty (60) days of the receipt of a complete application. The City Council may also table its review a reasonable time, if necessary to obtain information that will enable the Council to make a reasonable decision, and if the extension is consented to the by the applicant on the record. OP Development Concept Plan approval shall require three (3) affirmative votes of the City Council. D. Limitation of Approval. Unless an OP Development Preliminary Plan is submitted within twelve (12) months from the date on which the City Council approved the OP Development Concept Plan, the Concept Plan approval shall expire. The City Council, in its sole discretion, may extend the filing deadline for an OP Development Preliminary Plan and Conditional Use Permit if an application for extension is filed and approved by the City Council before the OP Development Concept Plan approval expires. A. Submittals. The OP Development Preliminary Plan shall include the following: 1. A statement of City action necessary for implementation of the proposed plan. 2. Twenty (20) sets of site plans, drawn to scale of not less than one (1) inch equals one hundred (100) feet containing at least the following information: 21/19/97 13 300-66B eke Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance a. Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat previously recorded in Washington County). b. Property boundary lines and dimensions of the property and any significant topographical or physical features of the property that may have an impact on the open space or the development. c. Location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian trails; and the total site coverage of all circulation elements. d. Location, designation and total area of all Preserved Open Space. e. Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities. f. Proposed lots and blocks, if any, and numbering system g. The location, use and size of structures and other land use on adjacent properties. h. Preliminary sketches of proposed landscaping. i. General grading and drainage plans for the developed OP Development. j. Such Development plans shall also indicate the results of deep soil test pits and percolation tests, at the rate of no fewer than two (2) successful test results for each proposed septic disposal area. k. Any other information that may have been required by the City Council in conjunction with the approval of the OP Development Concept Plan. 3. An accurate legal description of the entire area within the OP Development for which development plan approval is sought. 4. Architectural and performance standards for the development. 5. Preliminary grading and site alteration plan illustrating changes to existing topography and natural vegetation. The Plan should clearly 2vist97 14 300-66B eke Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance reflect the site treatment and its conformance with the approved Concept Plan. 6. A Preliminary Plat prepared in accordance with Chapter 505 of the Statutes of Minnesota, Section 400 of the Lake Elmo Municipal Code, and other applicable laws. 7 A Soil Erosion Control Plan clearly illustrating erosion control measures to be used during construction and as permanent measures. 8. Homeowner's Association Documents including bylaws, deed restrictions, covenants, and proposed conservation easements. B. Planning Commission Review. Upon receipt of a complete OP Development Preliminary Plan by the City, as certified as complete by the City Planner, the City Planner shall refer the Preliminary Plan to the appropriate City Staff consultants, and other review agencies. The Planning Commission shall review the OP Development Preliminary Plan and shall schedule public hearings as required for Preliminary Plat and Conditional Use Permit review within thirty (30) days of the City Planner's receipt of a completed application and shall make its recommendations to the City Council regarding the Preliminary Plan, Conditional Use Permit and Preliminary Plat. C. City Council Review. Within sixty (60) days of the City receipt of a complete application the City Council shall review the OP Development Preliminary Plan, Conditional Use Permit and the Preliminary Plat. The OP Development Plan, Conditional Use Permit and Preliminary Plat shall require three (3) affirmative Council votes for approval. Upon approval, the City Council shall instruct the City Attorney to draw up an OP Development Agreement that stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, City Administrator and applicant within thirty (30) days of Council approval of the OP Development Preliminary Plan and Conditional Use Permit. D. Limitation on Preliminary Plan Approval. Unless a Final Plan covering the area designated in the Preliminary Development Plan as the first stage of the OP Development has been filed within six (6) months from the date Council grants approval, or in any case where the applicant fails to file Final Plans and to proceed with the development according to the provisions of the Ordinance, the Preliminary Development Plan and Conditional Use Permit shall expire. The Council may at its discretion, extend the filing deadline for any Final Plan when, for good cause shown, 21/18/97 15 300-66B lake Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance such extension is reasonable. In any case where Preliminary Development Plan and Conditional Use Permit approval expires, the Concept Plan approval and Preliminary Development Plan approval for that portion of the OP Development that has not received Final Plan approval is void.. Subd. 11 OP Development Final Plan. The purpose of the Final Plans is to provide a complete, thorough and permanent public record of the OP Development and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the OP Development process. It shall serve in conjunction with other City ordinances as the land use regulation applicable to the OP Development. A. Submittals Required. After approval of the Concept Plan and Preliminary Plan for an OP Development, the applicant shall submit the following material for review by the City Staff prior to the issuance of any building related permits: 1. A detailed landscaping plan. 2. All easements and restrictive covenants. 3. All certificates, seals and signatures required for the dedication of land and recording of documents. 4. General architectural working drawings of all historic structures to be rehabilitated. 5. Final engineering plans and specifications for streets, utilities and other public improvements, together with all required development agreements for the installation of such improvements. - 6. Any other plans, agreements, or specifications reasonably necessary for the City Staff to review the proposed construction. 7. Final plat. B. City Council Review. The Final Plan is intended only to add administration detail to, and to put in final form, the information contained in the Concept Plan and the Preliminary Development Plan, and shall conform to the Concept Plan and Preliminary Development Plan. The City shall review and approve the Final Plan and Final Plat within 60 days of receipt of a complete Final OP Development Plan and Final Plat, as certified as complete by the City Planner 21/18/97 16 300-66B ake Elmo Municipal Code Chapter 3 — Zoning Section 300 — Zoning Ordinance C. Recording of Final Plat. The applicant shall submit to the City the recordable Final Plat drawings; all easements, deeds, plans, fees, financial security, and such other documentation as may be required by the Development Agreement within thirty (30) days of Final Plan and Final Plat approval by the City Council. The recordable Final Plat, approval Resolution, and such other documents that require recording shall be released by the City to the applicant for such recording only upon review and approval by appropriate City Staff; and, execution by the applicant and required City officials. D. Building and Other Permits. Except as otherwise expressly provided herein, upon receiving written notice from the City Planner that the approved Final Plan has been recorded and all conditions of approval satisfied, the City Building official may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan; provided, however, that no such permit shall be issued except upon proper application and after the requirements of all other applicable codes and ordinances have been satisfied. E. Limitation on Final Plat Approval. Within eighteen (18) months afier approval of a Final Plan for OP Development, or such shorter time as may be established by the approved development schedule, construction shall commence according to such approved plan. Failure to commence construction within such period shall automatically render void the OP Conditional Use permit and all approvals for the final OP Development Plan. The City Council may at is discretion extend the construction time as necessary when good cause is shown. F. Method of Amending an OP Conditional Use Permit. Any desired change involving structural alteration, enlargement or intensification of the use not specifically allowed by the specific terms of a previously passed OP Conditional Use permit, shall require that an application be filed for an amended permit and all procedures shall then apply as if a new permit was applied for. Subd. 12 Information Requirements: Additions -Exceptions. A. Records. The City Administrator shall maintain a record of all permits issued including information on the use, locations, conditions imposed, time limits, review dates, and such other information as may be appropriate. 21/18/97 17 300-66B Affidavit of Publication *t 4twater Oa3ette 102 South Second Street, P.O. Box 58, Stillwater, MN 55082 Phone: (651) 439- 3130 Fax: (651) 439-4713 State of iMinncsnnn County of Woshiuvl on 1, The undersigned, being duly sworn, on oath says that s/he is the Publisher or authorized agent and cmplo,ce ut tlic Puhlisher of the newspaper known as the Stillwater Evening Gazette, and has full knowledge of the facts which arc >Iatrd (A/ The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper. ,, provided by Minnesota State Statute 331A.02, 331A.07 and other applicable laws as amended. Printed belomc is it cop\ I the lowercase alphabet, from A to Z, both inclusive, which is hereby acknoe ledgcd as being the size and kind of I\ Pc u.nl in composition and publication of the notice. abcdefghilklmnopgrstuvwxyz- �_ Publisher Subscribed and swom to or affirmed before time on this Notary Public City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 35042 , —;uy 2001. .. R,„aHK BERRIMAN .y. NO7agV PUBLIC— MINNESOTA My CEv011e51-31-2005 SS22 ■ Invoice #: 00000252 Terms: Net 30 9/14/01 Inches Description Price Total 6 Lake Elmo City of Lake Elmo Summary $4.08 of Ord 97-79, Published 9/12 %ladnuue rate per column inch under Minnesola Law$16.90 per inch $24.48 $24.48 Sub Total $24.48 Payment $0.00 Balance Due $24.48 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 97 78 AN ORDINANCE REPEALING FROM THE LAKE ELMO MUNICIPAL CODE, SECTION 535.07 PERMITTED SIGNS IN RESIDENTIAL ZONING DISTRICTS Section 1. Amendment: Section 535.07, Subd. 1. G. Permitted Signs in Residential Zoning District related to neighborhood or project identification signs consistent with the neighborhood character, subject to a Conditional Use Permit of the Lake Elmo Municipal Code is repealed in its entirety. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. ADOPTED by the Lake Elmo City Council the 6th day of March, 2001. le Lee Hunt, Mayor ATTEST: o � Mary kueltr, City ninistrator G1� Published in the Stillwater Gazette on the a I day of MftrQ� 2001 E & E Pmpeaies, LCC CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. T777 — AN ORDINANCE AMENDING SECTION 30C.C7 "ZONING DISTRICT MAP" OF THE LAKE EI VIO MUNICIPAL. CODE Section 1. Amendment: Section 3CC.07 Subd.3 (A) 1. Of the "Zoning District Map" of the Lake Elmo Municipal Code is amended to rezone the following described property, owned by E & E Properties, LCC, from Rural Residential (RR) to Agricultural (AG) to wit: That part of the South Half of the Southeast Quarter of Section 36, Tcvmship 29 North, Range 21 West, Washington County, ?Minnesota lving easterly of the West 31,00 feet (2 rods) thereof, EXCEPT that part designated as Parcel 44 on Minnesota Department of Transportation Right of Way Plat No. 82-33, State Project No. 8292 (94-392)9C4, recorded as Document No. 424-;=7 in the office of the County Recorder, Washington County, 'Minnesota. Subject to highway easements in favor of Washington County as described in Book 258 of Deeds, page 91, and Book 309 of Deeds, page 831, of record, and on file in said office of the County- Recorder. Also, subject to highway easements in favor of the State of Minnesota as described in Book 109 of Deeds, page 622, Book 109 of Deeds, page 638, and Book 220 of Deeds, page 11, of record and on file in said office of the County Recorder. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. .d,k ADOPTED, by the Lake Elmo City Council on the 6o day of wc� , 2C0_ Lee Hunt, -NL-�YOR ATTEST: 0., atvv MaryI effn heIc�City A strator c/4 Published in the Stillwater Gazette on the day of 1 IRY " 2C01. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-7(o AN ORDINANCE AMENDING SECTION 300.07 Subd. 4 A. 6. OF THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 300.07 Subdivision 4.A.6. of the Lake Elmo Municipal Code is hereby amended to read as follows: 300.07 Subd. 4. A. 6. Non -Agricultural Low Impact Use Standards. The City desires to maintain and preserve open space and agricultural land within the City. The City recognizes the monetary regards that may be enjoyed by a farmer or larger property owner who sells their land for development. The City further recognizes that allowing non-agricultural low impact uses, strictly controlled and regulated by conditional use permit, might allow a farmer or large property owner an economical use of their property that is zoned for agriculture. The following standards shall apply to these types of uses. Section 2. Effective Date: 'Ibis ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest tltv Mary Neff erCler dministrator Published in the Stillwater Gazette on the 4 day of ('i , 2001. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97 75 AN ORDINANCE AMENDING SECTION 400.15, SUBDIVISION 1 OF THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 400.15 Park Land Dedication Requirements, Subd 1. Land Dedication is hereby amended to read as follows: Subd. 1. Land Dedication Except as hereinafter provided, the owners of land being subdivided shall dedicate a reasonable portion of the land to the City for public use as parks, playgrounds, trails or open space. The land dedication requirements shall equal the following percentages of the total area being subdivided within various zoning districts: Zoning Districts Maximum Percentage Land Dedication Rl, R2, R3, R4 10% RE aftd-OP 7% RR and AG 4% GB, LB, HB, BP, CB, I 3% RR and AG with OP Conditional Use Permit 7% Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest MaryKueff •, City ClWAdministrator Published in the Stillwater Gazette on the 2208 day of Feb . 1 2001. City of Lake Elmo Washington County, Minnesota Ordinance 97-73 An Ordinance adding a definition for Contractor Maintenance Shop to Section 150 of the Lake Elmo Municipal Code Section 1. Amendment: Section 150 "Definitions" of the Lake Elmo Municipal Code is hereby amended to include the following Contractor Maintenance ShW: An area and/or building devoted to use by a person who contracts to do certain work in the fields of building or construction trades. If there is outside storage of construction equipment, it shall be placed to the rear of the Contractor's Maintenance Shop, and screened from adjacent properties by a landscape plan approved by the City Council. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest: Mary due er, Ci lmiuistrator Published in the Stillwater Gazette on the 4� day of C � I, 2001 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- %Q AN ORDINANCE ADDING A DEFINITION FOR "NON-AGRICULTURAL LOW IMPACT"" TO SECTION 150 OF THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 150 "Definitions" of the Lake Elmo Municipal Code is hereby amended to include the following: Non -Agricultural Low Impact: Non -Agricultural Low Impact means the outdoor storage of off -road mobile construction equipment of any weight, excluding semi -truck trailers, or any vehicle over 26,000 pounds capable by design of being licensed for use on public roadways; the indoor storage of the aforementioned items and other goods and materials which, in the determination of the City Council, do not jeopardize the health, safety, or welfare of the City; nature farms; agricultural museums; farmer's markets; small engine repair shops; contractor maintenance shops; or office space as an accessory use to the aforementioned uses. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest 0 Mary'Nuefft, City CNVAdrnitstrator Published in the Stillwater Gazette on the �'A day of ' 2001. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- %/ — AN ORDINANCE AMENDING SECTION 300.07, SUBDIVISION 4.A.6.e. OF THE LAKE ELMO MUNICIPAL CODE. Section 1. Amendment: Section 300.07, Subd. 4. A. 6. e. of the Lake Elmo Municipal Code is hereby amended and shall read as follows: Section 300.07 Subd. 4.A.6.e.: Any uses under this section involving the outside storage of vehicles, equipment, or goods shall be located a minimum of 200 feet from any public roadway or adjacent landowner's boundary, except that the setback from the I-94 frontage road shall be not less than 50 feet. roadway by berms and landscaping. A plan for such screening shall be submitted with the ggplication for the Conditional Use Permit, which shall clearly demonstrate, by view cross sections, that said screening will be effective immediately, and in all seasons. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest Mary ueffne City Cler dministrator Published in the Stillwater Gazette on the day of , 2001. e� Cyr& tVe�ds CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-"70 AN ORDINANCE AMENDING ORDINANCE 97-67 RELATING TO SPECIAL APPOINTMENTS TO THE PLANNING COMMISSION ADOPTED JANUARY 2, 2001 Section 1. Amendment: °ems °Z�'r Section 210.03-1 Special Appointments is hereby added to the Lake Elmo Municipal Code; to wit: 235.03-1 Special Appointments: At the discretion of the City Council, up to five (5) additional appointments can be made to the Planning Commission, for each Special Proiect, including but not limited to Environmental Management Maintenance Advisory and the Old Village, to assist with special projects currently in process, or directed by the City Council to be studied, drafted, and completed. The term of the Special Appointments shall expire two -years from the date of appointment, or upon completion of the Special Project, whichever is first. Any Special Appointee may request reappointment if the specific project is not completed in that time. Special Project Appointees shall have full voting privileges only on issues specifically related to the Special Project. Full voting privileges for the regular Planning Commission shall remain consistent with Section 210.03. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Adopted by the Lake Elmo City Council this 16th day of January 2001. Lee Hunt, Mayor Attest Mar kKue er, City 6&kAdministrator l Published in the Stillwater Gazette on the l day of C " I 1 2001. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-69 AN ORDINANCE REPEALING SECTION 800.01 ENVIRONMENTAL MANAGEMENT COMMISSION FROM THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 800.01 - Environmental Management Commission is hereby repealed in its entirety. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Adopted by the Lake Elmo City Council the 16`h day of January 2001. Lee Hunt, Mayor Attest: A Mary KYieffner,Clerk/Administrator Published in the Stillwater Gazette on the a Jrl-�Iday of -�N 2001. Chapter 8 — Solid Waste 1 Lake Elmo Municipal Code Chapter 8 — Solid Waste Section 800 — Solid Waste and Environment SUN 9 D......n,.n Of the l-n......:,., KIH "_d _«oved..«nn in offeeting the e....:«e.....e..t This iHel.de but be 1:«. a,.d te. disposal fnatte«" will not the eFd@F�, .t .n of AIaFld solid waste, n ., .ntie , .,. alit. , « ld.i&i ..\ and ground I.o. .. sdusgtiangl b.,.l." ....d et6e« a tnl AAAAeFHq , that CR....n'l and and powers of e..veut: ., "l..,tl L.e ,.e"ted in the Co. nsil TM1.n t1....:«.......ef4..1 T A.................4 1;8......:"9:9.. ..6"11 PARsist of «nb n... d« flifle(5) ers members, CemmigsiAa be shall hA _. d.. •aR)'Me staggered Eeffif3tis5iAA b8 Gity. Vaeaneies ffiPffibeFs—tiUSt N'GtiR^ agR FOSidefltS Of t4@ n... .. a ♦ C « t6n « inde« of the -"d teffH. RBSib......4:8 ..f C..,d«....«.....4..1 RG4 u At t6e:« d:",.«eti,... H.o !`....,,n:l ...n.. .... to PA'.. e., ,d'Ao:o ...o...l.e«" ....d to t..,,. ntedent «.,..«e"entnti,.e" e to "e«„e ,,., tt.o appBh,t (2) r,.......:"":..., Sugh individual" "I.en Up "e«„e in (2) "dyisof. ...in ..,:tt.n.,t ..oti......«:,.:lege" and do Bet Beed to meet the «e":deney an «e,..,:«emaH4" for .. SubdA De,.:dn...... D ......:....... n..4 age of tha4...efabe«hag taken «o":dense o..t":de ofthe litnits of the Cit.. A be eaFpe«..te Fesignatian shall a meeting o and the (`haiF the authe«:t„ and el.ange a :f ".el. fn ns fight j:. beeafnee—nneeessafj. The C t 1 Management a GemmiggiAn 1. 11 app pfo.:de f..«.t.e de4n time and leeotion r «...vet:.. a Repealed Ordinance 97-69 on January 16, 2001 800-1 2/18/97 Amended by Ordinance 97-41 on 9-21-99 Amended by Ordinance 97-41 (Sections 800.02 and 800.03) effective 12-1-99 Lake Elmo Municipal Code Chapter 8 — Solid Waste Section 800 — Solid Waste and Environment by the GeFfimi%iea b} tke:Phew bO b g as to esiablished the lic. The alld RPPFeved li}eetiffigSsbal'l Open Pti Subd '1 Gem-m- ve.e..aw *a ALL.....! Management iL shall he d..ty of the Enyiremne..tal Management Gomm:naiaa- ..e..a.a�r .va..ati aad .. aaag tha 1 Ta a....:..t the COURaa :., de..elaa:ae aad m..imvie,...ahaive ataa..l o Odle affeatia .. 98141 WaS a d:....a..al f885 .al:aa Bfffi aff, FHfk Wmff ....alia.. :m..m..emea«n of athef afean afC etiaa the emriFeamaat that may be assigned by —the disposal, as pf ...m off-, .. ate.. quality :mpreyementaf OF ath ef :an..en aff b atiaa the va..:.aameat ...ill ma:..taia im..rwe the the City. goals, Of bf an',iFRHF RHt -..aammend ma«hedn ' aaheies ..-ese.J..ma that ' ..All Fedvae the ...ante ST,) addititienal or gelid G Ta hold publie meetia ^I Te aaa..erate atl.er agencies Gomminaions gad ..al..ateen .....b ..aa:atiaa.. to aah:e..e with Management l�amm:an:aa .46 811 lye ..:Ilia a ...ta Tl.a a endituFes of the Ea.daa.. rental SHbd 10 Removal of GHmmineCaa T?am1 prq for NonAtUnda..ae b efae b b b • 800-2 2/18/97 Amended by Ordinance 97-41 on 9-21-99 Amended by Ordinance 97-41 (Sections 800.02 and 800.03) effective 12-1-99 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 9768 AN ORDINANCE AMENDING THE LAKE ELMO MUNICIPAL CODE, SECTION 1200.12 SUBD.1. B. HOURS OF SALE Section 1. Amendment: Section1200.12 Subd. 1. B. is hereby amended to read as follows; to wit: B. After 1:00 a.m. on Sundays except that a restaurant, club or hotel with a seating capacity for at least 30 persons which holds an on -sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. Sunday and 1:00 a.m. on Monday. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Ad pted by the Lake Elmo City Council this 2nd day of January 2001. Lee Hunt, Mayor Attest � Mary K ffher, C' lerk/Administrator Published in the Stillwater Gazette on the /0-1-1 day of-flN , 7-0O 1 CITY OF LAKE ELMO WASIIINGTON COUNTY, MINNESOTA ORDINANCE 97- 67 AN ORDINANCE ADDING SECTION 235.03-1 SPECIAL APPOINTMENTS TO THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 235.03-1 Special Appointments is hereby added to the Lake Elmo Municipal Code; to wit: 235.03-1 Special Appointments: At the discretion of the City Council, up to five (5) additional appointments can be made to the Planning Commission to assist with special projects currently in process, or directed by the City Council to be studied, drafted, and completed. The term of the Special Appointments shall expire two -years from the date of appointment, or upon completion of the Special Project, whichever is first. Any Special Appointee may request reappointment if the specific project is not completed in that time. Special Appointees shall have full voting privileges only on issues specifically related to the Special Project. Full voting privileges for the regular Planning Commission shall remain consistent with Section 210.03. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Adopted by the Lake Elmo City Council this 2nd day of January 2001. G Attest Mary K�effner, lerk/Administrator Published in the Stillwater Gazette on the day of � \W 2001. CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97- (o(o AN ORDINANCE REPEALING SECTION 235 — VILLAGE FROM THE LAKE ELMO MUNICIPAL CODE Section 1. Amendment: Section 235 — Village Commission is hereby repealed in its entirety. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Adopted by the Lake Elmo City Council the 2nd day of January 2001. Lee Hunt, Mayor Attest MaryyKue, ner, Ci drk/Administrator t�\ Published in the Z.e ST GR*�, on the I () day ofiRN •, 2001.