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Recommendation <br />Based on the following review, our office recommends the following: <br />1. While the proposed rezoning of the 1.6 acre parcel from the <br />current R-4, High Density Residential District to GB, General <br />Business is consistent with policies outlined in the Lino <br />Lakes Comprehensive Plan, it is the position of our office <br />that decisions regarding land use and zoning are policy <br />matters to be determined by City Officials. Our office does <br />recommend that if the City feels that the rezoning of the <br />property is appropriate, it should only be rezoned in <br />conjunction with final plat approval of the Marshan Townhomes <br />project. <br />2. Due to insufficient information submitted for the preliminary <br />plat application our office cannot recommend approval. In <br />order for our office to review any proposed preliminary plat, <br />the applicant must submit a plat which includes all proposed <br />lots and blocks, including the proposed park and business <br />district. <br />3. In regard to the Planned Development Overlay/site plan review, <br />we find that the proposed site design attempts to maximize the <br />development potential of the site through the use of private <br />street and housing design that fails to comply with the R-4 <br />green space requirements, exclusive of the dedicated park <br />land. The result is a site that is is over -utilized, <br />presenting concerns for traffic circulation, open space, and <br />parking. <br />Above the City regulations, we have been informed by the DNR <br />that upon notification that the City must update its shoreland <br />regulations, any development that is defined as a PUD under <br />the new State Shoreland Statutes, must be reviewed by the DNR <br />and comply with the new standards. <br />Based on our review, the proposed site plan does not comply <br />with all City performance standards and does not meet the <br />State shoreland standards. Under these conditions, we cannot <br />recommend approval of the PDO or site plan. <br />The City is currently updating it Shoreland Ordinance in <br />compliance with State Statutes. As part of this update, the <br />City is requesting flexibility from a number of State <br />shoreland performance standards specifically related to <br />development density and multiple family development. To avoid <br />the strict enforcement of the current State standards, we <br />would advise the applicant to pursue site development after <br />the City finalizes its Shoreland Ordinance update. <br />2 <br />