HomeMy WebLinkAbout#171 Amended Ord. #98
A~ ° F AFFIDAVIT OF PUBLICATION
~#rx#e u£ ~ixttuesa~
County of Ramsey
- ............................~;...~i...~~~................................ bein9 duly sworn,on oath says
- heis and during allThetimes herein sTated has beenthe
.........publisher-and prinTer of the newspaper known as New Brighton BulleTin,.
and has full knowledge of the facts herein sTated as follows: (1) Said newspaper is printedin the
English language in newspaper format and in column and sheet form equivalent in printetl space to aT
- least 900 square inches. (2) Said newspaper is a weekly and is disiributed at least once each week.
(3) Said newspaper has 50 percent of iTS news columns devoted to news of local interest To the com-
munity which iT purporTs to serve and does noT wholly duplicate any other publication and is not made
up entirely of patenTS, plate maTTer and advertisemenis. (4) Said newspaper is circulated in and near
the municipaliTy which it purporTS to serve, has at least 500 copies regularly delivered To paying
subscribers, has an average of aT least 75 percenT of its Total circulation currenTlv oaid or no more Than
three months in arrears and has enTry as second-class maTter in its local posT-office. (5) Said newspaper
purporTs- to serve the Villaye of New BrighTOn - in the CounTy of Ramsey antl iT has iTS known office
of issue in the Village of New BrighTOn in said county, established and open during ifs regular
business hours for the gathering of news, sale of advertisemenis and sale of subscripTions ana main.
Tained by the publisher of said newspaper or persons in his employ and subiecT To his direction and
conirol during all such regular business hours at which said newspaper is printed. (6) Said news-
- paper files a copy of each issue immediately with the STate Historical Society. (7) Said newspaper has
complied with all the foregoing condiTions for aT IeasT Two years preceding the day or dates of publi-
cation mentioned below. (B) Said newspaper has filed wiTh the Secretary of StaTe of Minnewta prior
To January 1, 1966, and each January 1 Thereafter an affidavit in the form prescribed by the Secretary
of STaTe and signed by the publisher and sworn To before a notary public sTaTing that the newspaper is
a legal newspaper.
HefurthersTateson oaTh ThaTihe printed ..0%%ttXMu2".~.~~„~y
hereto aTtached as a parThereof was cutfrom the columns
- of said newspaper, and was printed and published Therein in the English language, once each week, Tor
.................OM successive weeks;thatit wasfirsiso published on7hursdaythe
_ day of of19.411111111111Lnd was ihereafter printed and pub-
- lished on every Thursday to andincluding Thursdaythe day of
. . . . 19... . and That the following is a printed copy of the lower case alphabet
from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefgh i j kl mnopqrsTuvwxyz
a z
Subscribed and 5worn to before me this . day of .....11W. ~ 19. ~
. . . ~~~~IYE ~r . .
. . NoTary Public. Re0nsey..CountY., .Mktlinty. Minnesota
~`ntary ires iept, 6 1978
My Commission Expir,q~~.Gorrimissian. F,~cP 19....
no minimum lot width. Mowever, every single family
dwelling shal I havE accesf toa s4reef, court or walkway.
No structure and Fk~I rt~lpYOt'3tructures (such as semi-
detached dwelling~ br a row of town houses) shall be
erected witbin twenty-fouf (24) feet of any other y
STATE OF MINNESOTA structure or group of structures.
COUNri OF R SEY c• There shall be no continuous 54ructure of town v. ir, ar Me time he submits the Preliminary Plat fw
VI~L~e AF AN Mll~S houses, attached dwelli~s, or apartmenfs which ex- the -first phase of his tlevelopmenT, the developer
OR~1Kl~i~t O. 1~1 c~d 150 feet in length unless the design for sTructures requests that any exisTing special assessments which
AN ORDINANCE AMENDING ORDINANCE NO. 98, 1Onger Than150feeTlsacceplableMtheVillage. havebeenleviedagainstMeenTireTracttobedeveloped
THE SUBDIVISION AND PLATTING ORDINANCE, d. The loca?ion and arrangement of siructures shall be divided and allocated To the respective lots in the
BY CHANGING THE PROVISIONS CONCERNING ~t be detrimental to existing or prospective adlacent proposetl development, the Village Clerk shall estimate
RESIDENTIAL PLANNED UNIT OEVELOPMENFS, sirucTUres or to existing or prospecfive development of the clerical cost ot preparing the revised assessment
RE~DESIGNATING THE AqMINISTRATOR the neighborhood. roll, filing the same with the County Auditor, antl
7HEREOF, AND ELIMINATION pF REQUIREMENT e. Open spaces between sTructures, including those making such division and allxation, and upon approval
IN SECTION 8 B. 9. spaces being usetl as publtc or private recreational by the Council of such estimatetl cost the same shall be
The Council of the Village of Arden Hills does hereby ~reas, sha91 be protected by YdequaTe covenants run- paid to the Village Treasurer in addiTion to the fees
ordaln as follows: n9 wiTh fhe land or by conve ances or dedications, as required hereinabove fo cover the cost of preparing and
Section 7. Amendment of Secfion 73 of Ortlinance No. me Village Councif shall Specify. filing such revised assessment.
98, the Subdivision and Platting Ordinance. Section 13 of f. All water courses, drainage ways, channels, vi. The Zoning Administrafor shall refer two capies of
Ordinance No. 98, as amended, is hereby amended by sTreams, lakes and ponding areas shall be confained the Preliminary Plat for each pAase of the residential
striking Paragraph (6) in its entirety and substifuting within the common area and no structure or activE Planned Unit Developmenf to the Planning Com-
therefor the following: facility shall be placed In such a manner that it will be mission, one copy To the Village Engineer, and one copy
B) ResideMial Planned Unit Development. subiect to floodirig. To the V illage Attorney and a copy each to the telephone
1. Oefinifion and Exemptions. 9. Due regard shall be shdwn for all natural feaTures, and power and other utiliTy companies. The Absiract of
For the such as tree growth, water courses, hi5toric spofs, or Title or Regfstered Property Report sball he referred to
purpose of ihis Ordinance a'•residential similar conditions, which if preserved will add to the the Village Attorney for his examinatlon and r rT.
planned unit developmenY" is definetl to include a attractiveness of the development. vii. Within sixty (60) days the Planning Comm~ion,
planned development as defined by the Zoning Or- h. All utilitigs shall be placed underground and a Village Attorney, Village Engineer, and utility com-
dinance, as amended; and shall also, include, without blankeT easement To the Village shall be dedieated over panies shel I report To the Council conceming fhelr
IimiTing the foregoing, Townhouse developmenTS, the common areas. - respective interests in the Preliminary Plat. Included in
aparTment pro~ecis involving more Than one building, I. Sidewalks and pedestrianways shall be located at the E
ngineer's report shall be a co;t estimaTe for the
and mixed commercial and residential developments the discretion of the Village. required improvements.
which are primarily residenTial in character. In I viii. Within thirty (30) daysof iTSreceiptof the lastof
recognition of the probabillTy tfiat more attractive • Trees shal l be plantetl throughoui the development,
residential developmenis may be fostered by the use of N'ith the minimum size and types tobe planted approved the reporis requfred in the previous proWslon, the
varied design fechniques available wifh a plar+ned unit by the Village, 8t a minimum of two per dwelling unif. Council shall act upon the Preliminary Plat by either
3. Procedure. approving if, denying it in whole or in part, fabling iT for
developmenf, the following provisions oi ihis Ordinance a. Prellmin8ry Plan: ~ a specified period of Time, or referring it back tq the
are tlereby exempted for Residential Planned Unif gefore the developer proceeds to obtain Council Planniog Commissiprr €or furTher con5lderaTion and
Developments when it is praposed fhat the dwelling approval of the Preliminary Plat.and Finaf Piat of hts reporT back to the Council within a
sp¢ti(ied periotl W
units of such developmenis are To be sold, buT such
exempted developments shall conHnue to be subject Ta residential Plannetl UniT Developmenf pursuant to the time. If the Preliminary Plat Is not approvetl by the
the remaining provisions of ihis Paragraph (B). The Provlsions hereinafter seT forth, he shall first obtain a C~ncil, the facTUal bases and reasons for such actiorP
exempted provisions are as follows: Special Use .Permif pursuant to the provisions per- shall be set forth in a written document which shall be
a.,Section 5. Procedure. faining thereTO in Ordinance No. 99, the Zonipg Or- Transmitted to the tleveloper. If the Preliminary Plat is
b. Section 9.C.15. Privafe Streefs. tlinance, as amended. The documents which the approved, such approval shall rwT caistiTUte final ac-
c. Secfian 9.D.2. Pedestrian WaYs developer shall submit to the Zoning Administrator to ceptance of the proposed development. Furthermore,
d. Section 9.E. Easements obtain a Special Use Permit shall be those required, in any approval of Preliminary PIaT shall be subfect to the
e. Secfion 9.F. Blocks the discretion of the Zoning Administrator, by Section receipt of sewrity in the form and amount required by.
f. Sectioo 4.G. Lo}s V. C. 2 of Ordinance No. 99, as amended, and in additton Section 11. (A) 3 hereof. _
g. Settion 11.A.3.d. Tree Planting Thereto such of Those documents and information 'x. Upon certificaTion by the Zoning Admini8trator
h. Section 11.C. Utilities specified in Sectlon,6 of ihis Ortlinance as the Zoning that the required performance bond has been receivetl
1. Section 11.D. Sidewalks Adminisirator, in the exercise of his discretion, may and approved by the Village Attomey, building permits
1. SecTion 12. Building Permits require. All of the Aocuments so required and submitted may be issuetl for the construction of the buildings,
2. Rules. shall constitute, for purposes of fhis Paragraph, the siroctures, and improvements in the particular phase ot
a. Roads that are to be dedlcated as public right-of- tleveloper's Preliminary Plan. the developmenf encompassed by the PreliminaryPlaf ways shall be tlesigned and constructed in confo ii, The Council's a pproval of the developers a
rmity P so c. Final approved.
Plat.
with applicable regulations of the Village. All collecTOr PlicaTion for a Special Use Permit shall be deemed i. The deVelo shell flle with the ionin -
likewise to be its approval of his Preliminary Plan. In per 9 Ad
streets and thoroughfares shall be dedicaTetl, minisirator seven (7) copies of the Final Platfor each
b. There shell be np minimum lot 5iie, no minimum approving the Preliminary Plen, the Co4ncll may
sefbacks, ra minimum ercent of lot cwer require such changes, revisions, or motlifications particulaf phase of his~developmen} nof later than three
p ~e age and fhereof as it deems necessary to protect the healih, (3) months after the date of the Council's approval of.
safeTy, eonvenience, and generel welfa(e,of the Village. the Preliminary Plat Therefor; otherwise, the
Such approval is Tentative only, involviny merely the Preliminary PIaT sha11 be considered void unless an
general accepTability of. the uses, site, and layout extension of time fo file the Final Plaf is requested in
ihereof as proposed and submitted. • wrjting by the developer and for good cause gronted by
iii. The date on which the CounSil grants approval of the Council.
the developer's application for a$pecial Use Permlt , ii. The ZoNng Adminisirefor sha0 refer two copies of
shalf, for purposes of this Paragraph, be ccnsidered to j the Final Plat to the Planning Commisslon, one copy to
be the daTe on which it fias approved his Preliminary ~ the Village Engineer, aotl one copy To the Village At-
PI'an. rorney, and a cOpy each to the felephone and power and
b. PrQliminary Plat. other uTility companies. Within fifteen (15) days of theic
I. Not later ihan three (3) months affer the Council has receipt of the Final Plaf, the Planning Commission,
approved the Prelimfnary Plan for the tlevebper's ' Engineer, and Attorney shall examine the same and
resitlential Planned Unit Devebpment, heshall file with reporT Their recommendaTions in regard'ihereto To the
the Zoning Adminlsirator ;even (7) coptes of a Council.
Prellminary Plat for the first ph@se of such de_I iii. The Council shall eifher approve w tlisapprove
menT. The same number of copies of the P~frnli~'y said Final Plai at ifs next regular meeTing fo110wing
Plaf for eacb succeeding.phase shall be filed With the receipt of the reporTS required by the previous
Zonirg AdministraTOr no later than the date SpecMled in provisions hereof. If it is approved by the Council, the
the Preliminary Plan, as approved by the Council, for developer shall record it wiTh the Ramsey County
thecompletionofthepreriou5phase.IfthePreliminary RegisterofDeedsorRegistrarofTiTleswithinsixTy(60)
PIaT for the first phase of the development or that for days of such approval; otherwise, the approval of the
any succeeding ph8se thereof has rrot been properly Final Plat shall be con5idered void. In the event ThaT the
filed by the deadline provided herein or in the Plat is disapproved, the grounds for such disapproval
Preliminary Plan, the Council's approval of the musf be reporTed in the proceetlings of the CounNl and
Preliminary Plan shall beaufomafically wfthdrawn and duly Transmitted in wrlting to the developer.
said Plan shall beconsidered void -unlpss an extension iv. The developer shall, immediately upon recording,
of time is requested in wrlting by the developer and for furnish the Zoning Administrator with a fracing and
good cause granfed by the Councll. Three prinfs of'ihe Ftnal Plat showing evidence di the
ii. Af the fime the owner or developer submits the recording qweof.
Prelfminary Plat for the first phase of his resitlenfial . SectfOn 2. Re-Designafion of Administrafor of Or-
Planned Upit Development, he shall furnlsh the Zoning dinance No. 98 From Vfllage Clerk To Zoning Ad-
Adminisirator with an up-to-tlate certifled Abstract of ministrator. Ordtnance No. 9B shall, from and atter the
Title or Registeretl Property Report for the enTire tract passa9e oi this Ordinance amentling the same, be ad-
of land encompassed by the proposed development antl minisfered by the 2oning Adminisfrator. Accordingly,
such other evidence as the Village attorney may any reference to "Village Clerk" in Ordinance No. 98,
fhereafter require to show title or control ot the tract in . excep in Sx}ion 5(A) l.c. antl Section 13. (B) 3. b.v. (as
the applicant. amen by the foregoing provisions of this amending
iii. Also at the time of submission of the Preliminary Ordince), shall from and after the passage of this
Plat for each phase of the resldential Planned Unit amen ng Ordinance be deemed to refer. to the "Zoning
Development, the developer shall pay In cash to the Admidstratar."
Zoning Adminisirator an appliwtion fee of S50.00 plus Sectlon 3. AmendmeM of Sedion S. B. t. ot Ordinance
$1.00 for each dwelling unit in that particular phase. No. 98. Section B. B. B. of Ordinance No. 98, as amentled,
This fee shall be used for expenses of the Village in is h~rebY amended }a read as follows:
connection wiTh approval or dtsapproval of the / Acwrate ouTlines and legal description of any
Preliminary Plat and anY Final PIaT whlch may er sTObt dedicatedorreservedforpublicuse."
ihereafter be submittetl. ection 1. Ef}ecfive Date. Fhls Ordinance shall be
iv. The Prellminary Plat for each particular phase 4fective trom.and after Its passage and publication.
shal l have incorporated ihereln all the changes, Pessed by the Councit this 30th day of Aprtl,'1973.
revisions, or modifications requlred by the Council 19 its ~;ATTEST: Henry J. Crepeau, Jr.,
approval of the Preliminary Plan. In all other respects, Charlotte McNiesh, Mayor
it shall conform with the Preliminary Plan. The data qc}ing Clerk-Adminisirator
required for each preliminary Plat shall be the same (Bultetin: May 3, 1973) j
as ihat which is requiretl for a Final PIaT in Sxtion 8 of -
ihis Ordlnance;with the exception, howeyer, ihat the
developer shall comply with the provlsions of sub-
paragraph510, 11, and 12 W par9praph B M seid Section
8 by providing the Items ra+uired Merein on a separate
documenT(s).
~ r
STATE OF MINNESOTA
COUNTY OF RAMSEY
VILLAGE OF ARDEN HILLS
ORDINANCE N0.
AN ORDINAATCE ANENDING ORDINANCE NO. 98,
THE SUBDIVISION AND PLATTING ORDINANCE,
BY CHANGING THE PROVISIONS CONCERNING
RESIDENTIAL PLANNED UNIT DEVELOPMENTS,
RE-DESIGNATING THE AAMINISTRATOR THERE-
OF, AND ELIMINATION OF REQUIREMENT IN
SECTION 8 B.. 8.
The Council of the Village of Arden Hills does hereby
ordain as follows:
Section l. Amendment of Section 13 of Ordinance No. 98
the S ivision and P attin Ordinance. Section 13 o Ordin-
ance No. 8, as amende , is ere y amended by striking Para-
graph (B) in its entirety and substituting therefor the following:
"(B) Residential Planned Unit Development.
1. Definition and Exemptions.
For the purpose of this Ordinance a
"residential planned unit develop-
ment" is defined to include a p.lanned
development as defined by the Zoning
Ordinance, as amended, and shall also,
include, without limiting the foregoing,
townhouse developments, apartment pro-
jects involving more than one building,
and mixed commercial and residential
developments which are primarily resi=
dential in character. In recognition
of the probability that more attractive
residential developments may be fostered
by the use of varied design techniques available with a planned unit develop-
ment, the following provisions of this
Ordinance are hereby exempted for Resi-
dential Planned Unit Developments when it is proposed that the dwelling units
of such developments are to be sold,
but such exempted developments shall
continue to be subject to the remaining
provisions of this Paragraph (B). The
exempted provisions are as follows:
a. Section 5. Procedure.
b. Section 9.C.15. Private Streets.
c. Section 9.D.2. Pedestrian Ways
d. Section 9.E. Easements
e. Section 9.F. Blocks
f. Section 9.G. Lots
-1-
g. Section 11.R.3.d. Tree Planting
h. Section 11.C. Utilities
i. Section 11.D. Sidewalks
j. Section 12. Buil.ding Permits
2. Rules.
a. Roads that are to be dedicated as
public right-of-ways shall be de-
signed and constructed in con.form-
ity with applicable regulations of
the Village. All collector streets
and thoroughfares shall be dedicated.
b. There shall be no minimum lot size,
no minimum setbacks, no minimum per-
centage of lot coverage and no min-
imum lot width. However, every
single family dwelling shall have
access to a street, court or walk-
way. No structure and no group of
structures (such as semi-detached
dwellings or a row of town houses)
shall be erected within twenty-four
(24) feet of any other structure or
group of structures.
c. There shall be no continuous structure
of town houses_, attached dwellings, or
apartments which exceed 150 feet in
length unless the design for structures
longer than 150 feet is acceptable to
the Village.
d. The location and arrangement of structures
shall not be detrimental to existing or
prospective adjacent structures or to
existing or'prospective development of
the neighbarhood.
e. Open spaces between structures, including
those spaces being used as public or pri-
vate recreational areas, shall be protected
by adequate couenants running with the land
or by conveyances or dedications, as the
Village Council shall specify.
f. All water courses, drainage ways, channe]5„
streams, lakes and ponding areas shall be
contained within the common area and no
structure or active facility shall be placed
in such a manner that it will be subject to
flooding.
g. Due regard shall be shown for all natural
features, such as tree growth, water courses,
historic spots, or similar conditions, which
if preserved will add to the attractiveness
I I of the development.
h. All utilities shall be placed underground
and a blanket easement to the Village shall
be dedicated over the common areas.
i. Sidewalks and pedestrianwa_ys sha11 be located
at the discretion of the Village.
-2- .
j. Trees shaTl be planted throughout the
development, with the minimum size and
types to be planted approved by the
Village, at a minimum of two per dwel-
ling unit.
3. Procedure.
a. Preliminary Plan.
i. Before the developer proceeds to
obtain Council approval of the
, Preliminary Plat and Final Plat
of his residential PZanned Unit
Development pursuant to the pro-
visions hereinafter set forth, he
shall first obtain a Special Use
Permit pursuant to the provisions
pertaining thereto in Ordinance
No. 99, the Zoning Ordinance, as
amended. The documents which the
developer shall submit to the
Zoning Administrator to obtain a
Special Use Permit shall be those
required, in the discretion of the
Zoning Administrator, by Se on
V. C. 2 of Ordinance No. 99,~and in~
addition thereto such of those docu- ments and information specif ied in
Section 6 of this Ordinance as the
Zoning Aclministrator, in the exercise
of his discretion, may require. All
of the documents so required and
submitted shall constitute, for nur-
poses of this Paragraph, the c?eveloper's
Preliminary PIan.
ii. The Council'_s approval of the developers
application for a Special Use Permit
shall be deemed likewise to be its
approval of his preliminary Plan. In
approving the Preli.minary Plan, the
Council may require such chanqes, revi-
sions, or modifications thereof as it
deems necessary to protect the health,
safety, convenience, and general welfare
of the Village. Such approval is tenta-
tive only, involving merely the general
acceptability of the uses, site, and
layout thereof as proposed and submitted.
iii. The date on which the Council qrants
approval of the developer's application
for a 3pecial Use Permit shall, for
purposes of this Paraqraph, be considered
to be the date on which it has approved
his Preliminary Plan.
b. Prelir.iinary Plat.
~
i. Not later than three (3) months after
the Council has approved the Preliminary
pIan for the deveZoper`s residential
Planned Unit Development, he shall file
with the Zoning Administrator seven (7)
copies of a Preliminary Plat for the
-3-
first phase of such development. The
same number of copies of the Prelim-
inary Plat for each succeedinq phase
shall be filed with the Zoning Admini-
strator no later than the date snecif-
ied in the Preliminary Plan, as approved
by the Council, for the completion of
the previous phase. If the Preliminary
Plat for the first phase of the develop-
ment or that for any succeeding phase
thereof has not been properly filed by
the deadline provided herein or in the
Preliminary Plan, the Council's approval
of the Preliminary Plan shall be auto-
matically withdrawn and said Plan shall
be considered void--unless an extension
of time is requested in writing by the
developer and for good cause granted by
the Council.
ii. At the time the owner or developer sub-
mits the Preliminary Plat for the first
phase of his residential Planned Unit
Development, he shall furnish the Zoning
Administrator with an up-to-date certified
Abstract of Title or Registered Property
Report for the entire tract of land
encompassed by the proposed development
and such other evidence as the Village
attorney may thereafter require to show.
title or control of the tract in the
applicant.
iii. Also at the time of submission of the
Preliminary Plat for each phase of the
residential Planned Unit Development,
the developer shall pay in cash to the
Zoning Administrator an application fee
of $50.00 pl.us $1.00 for each dwelling
unit in that particular phase. This f.ee
shall be used for expenses of the Village
in connection with•approval or disapproval
of the Preliminary Plat and any Final Plat which may thereafter be submitted.
iv. The Preliminary Plat for each particular
phase shall have incorporated therein a11
the changes, revisions, or modifications
required by the Council in its approval of
the Preliminary Plan. In all other respects,
it sha1Z conform with the Prel.iminary
Plan. The data required for each Prelim-
inary Plat shall be the same as that which
is required for a Final Plat in Section
8 of this Ordinance; with the ~!xception,
however, that the developer shall comply
with the provisians of subparagraphs 10,
11, and 12 of paragraph B.`of said Section
8 by providing the items required therein
on a separate doeument ( s).
v. If, at the time he 5ubmits the Preliminary
Plat tor the first phase of his develop-
ment, the developer reauests that any
existing speGial assessments which have
been levied against the entire tract to
be developed bp divided and allocated to
the respective lots in the proposed develop-
-4-
,Yl
ment, the Village Clerk shall estimate
the clerical cost of preparing the re-
vsied assessment roll, filing the same
with the County Auditor, and making such
division and allocation, and upon
approval by the Council of such estimated
cost the same shall be paid to the Vil-
lage Treasurer in addition to the fees
required hereinabove to cover the cost
of preparing and filing such revised
assessment.
vi. The Zoning Administrator shall refer
two copies of the Preliminary Plat for
each phase of the residential Planned
Unit Development to the Planning Commis-
sion, one copy to the Village Engineer,
and one copy to the Village Attorney and
a copy each to the telephone and power
and other utility companies. The Abstract
of Title or Registered Property Report
shall be referred to the Village Attorney
for his examination and report.
vii. Within sixty (60) days the Planning Commis-
sion, Village Attorney, Village Engineer,
and utility companies shall report to the
Council concerning their respective inter-
ests in the Preliminary Plat. Included
in the Engineer's report shall be a cost
estimate for the required improvements.
. viii. Within thirty (30)days of its.receipt
of the last of the reports required in
the previous provision, the Council shall
aet upon the Preliminary Plat by either
approving it, denying it in whole or in
part, tabling it for a specified period
of time, or referrinq it back to the
Planning Commission for further consider-
ation and report back to the Council with-
in a specified period of time. If the
Preliminary Plat is not approved by the
Council, the factual bases and reasons
for such action shall be set forth in a
written document which shall be trans-
mitted to the developer. If the Prelim-
inary Plat is approved, such approval sh all
not constitute final acceptance of the
proposed development. Furthermore, any
approval of Preliminary Plat shall be sub-
ject to the receipt of security in the
form and amount required by Section 11.
(A) 3 hereof.
ix. Upon certification by the Zoning Adminis-
trator that the required performance bond
has been received and approved by the
Village Attorney, building permits may
be issued for the construction of the
b ings, structures, and improvements
in~~~rticular phase of the development
encompassed by the Preliminary Plat so
approved.
-5-
c. Final Plat.
i. The developer shall file with the
Zoning Administrator seven (7) copies
of the Final Plat for each particular
phase of his development not later than
three (3) months after the date of the
Council's approval of the Preliminary
Plat therefor; otherwise, the Prelim-
inary Plat shall be considered void
unless an extension of time to file
the Final Plat is requesteJ in writing
by the developer and for good cause
granted by the Council.
ii. The Zoning Administrator shall refer
two copies of the Final Plat to the
Planning Commission, one copy to the
ViTlage Engineer, and one copy to the
Village Attorney, and a copy each to the
telephone and power and other utility
companies. Within fifteen (15) days
of their receipt of the Final Plat, the
Planning Commission, Engineer, and Attor-
ney shall examine the same and report
their recommendations in regard thereto
to the Council.
iii. The Council shall either approve or
disapprove said Final Plat at its next
regular meeting following receipt of
the reports required by the previous
provisions hereof. If it is approved by
the Council, the developer shall record
it with-the Ramsey County Register of
Deeds or Registrar of Titles within
sixty (60) days of such approval; other-
wise, the approval of the Final Plat shall
be considered void. In the event that the
Plat is disapproved, the grounds for such
disapproval must be reported in the pro-
ceedings of the Council and duly trans-
mitted in writing to the developer.
iv. The developer shall, immediately upon
recording, furnish the Zoning Administra-
tor with a tracing and three prints of the
Final Plat showing evidence of the recording
thereof.
Section 2. Re-Desi nation of Administrator of Ordinance
No. 9 From Villa e Cler To Zonin Administrator. Ordinance
No. 8 s a 1, from and after t e passage of thzs Ordinance
amending the same, be administered by the Zoning Administrator.
Accordingly, any reference to "Village Clerk" in Ordinance No.
98, except in Section 5(A) l.c. and Section 13. (B) 3.b.v. (as
amended by the foregoing provisions of this amending Ordinance),
shall from and after the passage of this amending Ordinance be
deemed to refer to the"Zoning Administrator".
Section 3. Amendment of Section 8. B. 8. of Ordinance No.
98. Section B. B. . o Or inance No. 98, as amen ed, is ere-
Fy-amended to read as follows:
"8. Accurate outlines and legal description of
any areas to be dedicated or reserved for public use."
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Section 4. Effective Date. This Ordinance shall be effect-
ive from an a ter its passage and publication.
Passed by the Council this &C day of
1973.
g Crepeau, Jr.,
Mayo r
A'rTEST :
C ar otte McNies ,
Acting Clerk-Administrator
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STATE OF MINNESOTA
COUNTY OF RAMSEY
VILLAGE OF ARDEN HILLS
ORDINANCE NO.
AN 4RDINANCE AMENDING ORDINANCE NO. 980,
THE SUBDIVISION AND PLATTING ORDINANCE,
BY CHANGING THE PROVISIOAIS CONCERNING
RESIDENTIAL PLANNED UNIT DEVELOPMENTS,
RE-DESIGNATING THE ADMINISTRATOR THERE-
OF, AND ELIMINATION OF REQUIREMENT IN
SECTION $ B.
The Council of the Village of Arden Hills does hereby
ordain as foZZows:
Section 1. Amendment of Section 13 of Ordinance No. 98
the S ivision and Plattin Or inance. Section 13 o Ordin-
ance No. 78, as amen ed, is ere y amended by striking Para-
grapYt (B) in its entirety and substituting therefor the following:
"(B) Residential Planned Unit Development.
l. Definition and Exemptians.
For the purpose of this Ordinance a
"residential planned unit develop-
ment" is defined to include a planned -
development as defined by the Zoning
Ordinance, as amended, and shall aZso,
include, without limiting the foregoing,
townhouse developments, apartment pro-
jects involving more than one building,
and mixed commercial and 'residential
developments which are pri.marily resi-
dential in character. In recognition
of the probability that more attractive
residential developments may be fostered
by the use af varied design techniques
available with a planned unit develop-
ment, the following provisions of this
Ordinance are hereby exempted for Resi-
dential Pianned Unit Developments when
it is proposed that the dwelling units
, of such developments are to be sold,
but such exempted deveZopments sha11
continue to be subject ta the remaining
provisions of this Paragraph (B). The
exempted provisions are as follows:
a. Section S. Procedure.
b. Section 9.C.15. Private Streets.
c. Section 9.D.2. Pedestrian Ways
d. Section 9.E. Easements
e. Section 9.F. Blocks
f. Section 9.G. Lots
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g. Section 11.A.3.d. Tree Planting
h. Section 11.C. Utilities
i. Section 11.D. Sidewalks
j. Section 12. Bui].ding Permits
2. Rules.
a. Roads that are to be dedicated as
public right-of-ways shall be de-
signed and constructed in conform-
ity with applicable regulations of
the Village. All col.lector streets
and thoroughfares shall be dedicated.
b. There shall be no minimum lot size,
no minimum setbacks, no minimum per-
centage of lot coverage and no min-
imum lot width. However, every
single family dwelling shall have
access to a street, court or walk-
way. No structure and no group of
structures (such as semi-detached
dwellings or a row of town houses)
shall be erected within twenty-four
(24) feet of any other structure or
group of structures.
c. There shall be no continuous structure
of town houses, attached dwellings, or
apartments which exceed 150 feet in
length unless the design for structures
longer than 150 feet is acceptable to
the Village.
d. The location and arrangement of structures
sha11 not be detrimental to existing or
prospective adjacent structures or to
existing or prospective development of
the neighborhood.
e. Open spaces between structures, including
those spaces being used as public or pri.-
vate recreational areas, shall-be protected
by adequate couenants running with the land •
or by conveyances or dedications, as the
Village Council shall specify.
f. All water courses, drainage ways, channe]s, streams, lakes and ponding areas shall be
contained within the common area and no
structure or active facility shall be placed
in such a manner that it will be subject to
flooding.
g. Due regard shall be shown for all natural
features, such as tree growth, water courses,
historic spots, or similar conditions, which
if preserved will add to the attractiveness
of the development.
h. All utilities shall be placed underground
and a blanket easement to the Villaqe shall
be dedicated over the common areas.
i. Sidetvalks and pedestrianways shall be located
at the discretion of the Village.
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j. Trees shall be planted throughout the
development, with the minimum size and
types to be planted approved by the
Village, at a minimum of two per dwel-
ling unit.
3. Procedure.
a. Preliminary Plan.
i. Before the developer proceeds to
obtain Council approval of the
Preliminary Plat and Final Plat
of his residential Planned Unit
Development pursuant to the pro-
visions hereinafter set forth, he
shall first obtain a Special Use
Permit pursuant to the provisions
pertaining thereto in Ordinance
No. 99, the Zoni.ng Ordinance, as
amended. The documents which the
developer shall submit to the
Zoning Administrator to obtain a
Special Use Permit shall be those
required, in the discretion of the
Zoning Administrator, by Ses~konEZ
V. C. 2 of Ordinance No. 99, angin
addition thereto such of those docu-
ments and information specified in
Section 6 of this Ordinance as the
Zoning Administrator, in the exercise
of his discretion, may require. All
of the documents so required and
submitted sria12 constitute, for pur-
poses of this Paragraph, the develoner.~s
Preliminary Plan.
ii. The Council_`s approval of the developers
application for a Special Use Permit
shall be deemed likewise to be its
approval of his preliminary Plan. In
approving the Preliminary Plan, the
Council may require such changes, revi-
sions, or modi.fications thereof as it
deems necessary to protect the health,
safety, convenience, and general welfare
of the Village. Such .apnroval is tenta-
tive only, involvinq merely the general
acceptabiiity of the uses, site, and
layout thereof as proposed and submitted.
iii. The date on which the Council qrants
approval of the developer's application
for a 9pecial Use Permit shall, for
purposes of this Paragraph, be considered
to be the date on which it has apProved
his Preliminary Plan.
b. Prelir.iinary Plat.
i. Ivot later than three (3) .months after
the Council has approved the PreZiminary
plan for the developer`s residential
Planned Unit Development, he shall file
with the Zoning Administrator seven (7)
copies of a Preliminary Plat for the
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first phase of such development. The
same number of copiPS of the Prelim-
inary Plat for each succeeding phase
shall be filed with the Zoning Admini-
strator no later than the date specif-
ied in the Preliminary Plan, as approved
by the Council, for the completion of
the previous phase. If the Preliminary
Plat for the f_irst phase of the develop-
ment or that for any succeeding phase
thereof has not been properly filed by
the deadline provided herein or in the
Preliminary Plan, the Council's approval
of the Preliminary Plan shall be auto-
matically withdrawn and said Plan sha11
be considered void--unless an extension
of time is requested in writing b_y the
developer and for good cause granted by
the Council.
ii. At the time the owner or developer sub-
mits the Preliminary Plat for the first
phase of his residential Planned Unit
Development, he shall furnish the Zoning
Administrator with an up-to-date certified
Abstract of Title or Registered Property
Report for the entire tract of land
encompassed by the proposed development
and such other evidence as the Village
attorney may thereafter require to show
title or control of the tract in the
applicant.
P.lso at the time of submission of the
Preliminary Plat for each phase of the
residential Planned Unit Development,
the developer shall pay in ca'sh to the
Zonincr Ac1ministrator an application fee
of $50.00 plus $1.00 for each dwelling
unit in that particular phase. This f_ee
shall be used for expenses of the Village
in connection with approval or disapproval
of the Preliminary Plat and any Final Plat
which may thereafter be submitted.
iv. The Preliminary Plat for each particular
phase shall have incori?orated therein all
the changes, revisions, or modifications
required by the Council in its approval of
the preliminary Plan. In all other respects,
it shall conform with the Preliminary
Plan. The data required for each Prelim-
inary Plat shall be the same as that which
is required for a Final Plat in Section
8 of this Ordinance; with the exception,
however, that the developer_ shall comply
with the provisions of_ subparagraphs 10,
11, and 12 of paragraph B:of said Section
8 by providing the items required therein
on a separate document(s).
v. If, at the time he submi.ts the Preliminary
Plat for the first phase of his develop-
ment, the developer requests that any
existing special assessments which have
been levied against the entire tract to
be developed h¢ divided and allocated to
the respective lots in the proposed develbp-
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. ment, the Village Clerk shall estimate
the clerical cost of preparing the re-
vsied assessment roll, filing the same
with the County Auditor, and making such
division and allocation, and upon
approval by the Council of such estimated
cost the same shall be pa.id to the Vil-
lage Treasurer in addition to the fees
required hereinabove to cover the cost
of preparing and filing such revised
assessment.
vi. The Zoning Administrator shall refer
two copies of the Preliminary Plat for
. each phase of the residential Planned
Unit Development to the Planning Commis-
sion, one copy to the Villaqe Engineer,
and one copy to the Village Attorney and
a copy each to the telephone and power
and other utility companies. The Abstract
of Title or Registered Praperty Report
shall be referred to the Village.Attorney
for his examination and report.
vii. Within sixty (60) days the Planning Commis-
sion, Village Attorney, Village Engineer,
and iztility companies shall report to the
Council concerning their respective inter-
ests in the Preliminary Plat. Included
in the,Engineer's report shall be a cost
estimate for the required improvements.
viii. Within thirty (30)days of its receipt
of the last of the reports required in
the previous provision, the Council shall
act upon the Preliminary Plat by either
approving it, denying it in whole or in
part, tabling it for a specified period
of time, or referring it back to the
Planning Commission for further consider-
ation and report back to the Counc.il with-
in a specified period of time. If the
Preliminary Plat is not approved by the
Council, the factual bases and reasons
for such action shall be set forth in a
written document which shall be trans-
mitted to the developer. If the Prelim-
inary Plat is approved, such approval shall
not constitute final acceptance of the
proposed development. Furthermore, any
approval of Preliminary Plat shall be sub-
ject to the receipt of security in the
form and amount required by Section 11.
(A) 3 hereof.
ix. Upon certification by the Zoning Adminis-
trator that the required performance bond
has been received and approved by the
Village Attorney, building permits may
be issued for the construction of the
b$Vings, structures, and improvements
i~rticular phase of the development
encompassed by the Preliminary Plat so
approved.
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n , c. Final Plat.
i. The developer shall file with the
Zoning Administrator seven (7) copies
of the Final Plat for each particular
phase of his development not later than
three (3) months after the date of the
Council's approval of the Preliminary
Plat therefor; otherwise, the Prelim-
inary Plat shall be considered void
unless an extension of time to file
the Final Plat is requesteA in writing
by the developer and for good cause
granted by the Council.
ii. The Zoning Administrator shall refer
two copies of the Final Plat to the
Planning Commission, one copy to the
Village Engineer, and one copy to the
Village Attorney, and a copy each to the
telephone and power and other utility
companies. Within fifteen (15) days
of their receipt of the Final Plat, the
Planning Commission, Engineer, and Attor-
ney shall examine the same and report
their recommendations in regard thereto
to the Council.
iii. The Council shall either approve or
disapprove said Final Plat at its next
regular meeting following receipt of
the reports required by the previous
provisians hereof. If it is approved by
the Council, the developer shall record
it with the Ramsey County Register of
Deeds or Registrar of Titles within
sixty (60) days of such approval; other-
wise, the approval of the Final Plat shall
be considered void. In the event that the
Plat is disapproved, the grounds for such
disapproval must be reported in the pro-.
ceedings of the Council and duly trans-
mitted in writing to the developer.
iv. The deveZoper shall, immediately upon
recording, furnish the Zoning Administra-
tor with a tracing and three prints of the
Final Plat showing evidence of the recording
thereof.
Section 2. Re-Desi nation of Administrator of Ordinance
No. 9 From Villa e Clerk To Zonin Administrator. Or inance
No. 8 s a l, from and a ter the passage o this Ordinance
amending the same, be administered by the Zoning Administrator.
Accordingly, any reference to "VilLage Clerk" in Ordinance No.
98, except in Section 5(A)1,c. and Section 13.(B)3.b.v. (as
amended by the foregoing provisions of this amending Ordinance),'
shall f rom and after the passaqe of this amending Ordinance be
deemed to refer to the"Zoning Administrator".
Section 3. Amendment of Section 8. B. 8. of Ordi:nance No.
98. Section . B. . o Or inance No. 98, as amen ed, is ere-
y~amended to read as follows:
"8. Accurate outlines and legal description of
any areas to be dedicated or reserved for publie use."
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Section 4, Effective Date. This Ordinance shall be effect-
ive from an after its passage and publication.
Passed by the Council this day of
1973. ~
Henry epe Jr.,
Y r
ATTEST s
~ ~,__~-~tteiGCe 52
Char otte McNies ,
Acting Clerk-Administrator
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