HomeMy WebLinkAbout01/11/1995 P&Z PacketCITY OF LINO LAKES
PLANNING & ZONING BOARD
AGENDA
January 11, 1995
6:30 P.M. €,
sc,
I. Call to Order and Roll Call:
II. Approval of Minutes:
November 9, 1994
III. Approval of Agenda - Changes/Additions
IV. OPEN MIKE:
V. ACTION ITEMS:
A. 95-1-P, Steve & Deanna Haag, 171 White Pine
Road, Minor Subdivision
B. 95-2-P, K -G Development, 84 White Pine Road,
Minor Subdivision
C. 95-3-P/V, Nancy Erickson, Hardwood Creek Farm,
24th Avenue & 80th Street, Minor Subdivision and
Variance
D. PUBLIC HEARING - Shoreland Management Ordinance
VI. DISCUSSION ITEMS:
A. MUSA Expansion
VII. ADJOURNMENT:
STAFF ORIGINATOR
*DATE
TOPIC
AGENDA ITEM V B
Mary Kay Wyland
January 6, 1995
95-2-P, K -G Development, 84 White Pine Road,
Minor Subdivision
The Planning & Zoning Board will recall granting preliminary
approval to a plat for the Woods of Baldwin Lake 2nd Addition in
October of 1994. Since that time, Mr. Goertz, the developer, has
sold an existing home on the property and would like to close on
the sale prior to Final Plat. To facilitate this closing, a minor
subdivision is necessary to split the existing homesite from the
balance of the plat.
The property is Zoned R -1X and is located within the MUSA Boundary.
The property will be served by utilities in the spring along with
the balance of the Woods of Baldwin Lake 2nd Addition. The
proposed lot Meets all requirements for lot width, depth and square
foot area (115 x 132, 15,180 square feet in area).
Staff would recommend approval of this minor subdivision
following conditions
1. The newly created lot be made a part of the Final
the Woods of Baldwin Lake 2nd Addition.
2. Park Dedication for this lot be included in the overall
Plat for the Woods of Baldwin Lake 2nd Addition.
with the
Plat for
3. Utilities be provided, and assessments collected, as a part
of the Woods of Baldwin Lake 2nd Addition.
1. Approve minor subdivision as submitted.
2. Delay minor subdivision until Final Plat of Woods of Baldwin 2nd
Addition.
Option
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of the east 311.25 feet of the west 1011.25 feet of the Northwest
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Anoka County, Minnesota.
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Ws hereby certify that this is a true and correct representation of a survey of the
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Dated this of 122±
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6651 Naples St.'.N.E.
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AGENDA ITEM V A
STAFF ORIGINATOR Mary Kay Wyland
DATE January 6, 1995
TOPIC 95-1-P, Steve Haeg, 171 White Pine Road, Minor
Subdivision
RQt
In May of 1993 the P & Z and Council approved a subdivision for Mr.
Haeg. A home has been constructed on the newly created lot and the
buyers would like to purchase an additional 40' of property from
Mr. Haeg.
The property is Zoned R-1 and provided with utilities. The
existing lot is 90' x 137'. The proposed subdivision would add a
40' x 90' piece to the existing lot for a total of 15,930 square
feet in area.
Staff has reviewed the request and would recommend approv 1 with
the condition that Park Dedication fees be waived. A Park
Dedication Fee of $550 was collected with the previous subdivision
approval.
•
1. Approve minor subdivision as submitted.
2. Return to staff for further consideration.
COMMEND
Option 1
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AGENDA ITEM V C
STAFF ORIGINATOR Mary Kay Wyland •
DATE January 6, 1995
TOPIC 95-3-V, Hardwood Creek, Minor Subdivision and
Variance Request
Hardwood Creek received approval in November of 1994 to move a
house on to the north/east corner of their site at 80th Avenue and
Elmcrest. They would now like to sell this dwelling but maintain
ownership of the horse arena. Therefore, they are requesting a
minor subdivision.
The total site is 50+ acres in size and Zoned Rural. T e area
containing the dwelling is physically separated from the ba nce of
the site, including the horse arena, by Hardwood Creek. Th Creek
forms a natural barrier and is proposed as the new lot line. The
newly created lot would be approximately 6 acres in size. A
minimum of 10 acres is required according to the City Zoning,
Ordinance for Rural Districts. The property owner is therefore
requesting a variance in addition to the minor subdivision.
Staff has reviewed the request and would recommend approval of the
minor subdivision and variance for lot area. Hardwood Creek forms
an obvious natural barrier and it would seem unreasonable to
require the addition of 4 acres on the west side of the creek to
this parcel. At this time the area west of the creek is used as
pasture land for the horse arena and is not easily accessible to
the property on the east side of the creek. Staff further believes
any danger in setting a precedent concerning lot area is eliminated
by the obvious physical characteristics of this site and the nature
of Hardwood Creek.
In summary we would recommend approval of the minor subdivision and
variance request to allow a 6 acre +/- parcel in a Rural Zoning
District with the following condition:
1. A Park Dedication fee in the amount of $550 be collected
prior to recording of the minor subdivision with Anoka County.
...............................
OPTIONSI
1. Approve minor subdivision for a 6 acre +/- parcel.
2. Approve minor subdivision for a minimum of 10 acres.
3. Return to staff for further consideration.
RECOMMENDATION
Option 1
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LINO LAKES
MUSA AMENDMENT
REPORT
JANUARY 1995
Prepared By:
Northwest Associated Consultants, Inc.
5775 Wayzata Boulevard, Suite 555
St. Louis Park, MN 55416
INTRODUCTION
The City of Lino Lakes faces serious constraint on future community
growth due to a diminishing supply of buildable land within its
urban service area. Since the adoption of the 1981 Comprehensive
Plan, the City has expanded its MUSA both in 1987 and 1990.
However, changing development trends and new development
regulations have significantly impacted the City's supply of
available buildable MUSA land. The City growth rate during the
1990's has more than doubled over what was constructed in the
1980's. Additionally, the implementation of the 1991 Minnesota
Wetland Conservation Act has significantly reduced both the supply
of buildable land and development densities in the City's MUSA.
Recognizing the constraints that confront the City's growth, Lino
Lakes has prepared this Comprehensive Plan update to expand the
City's 2000 MUSA and establish a land bank for the distribution of
the MUSA within the City's development area. The plan amendment is
intended to establish plans and policies that will serve as
guidelines for managed growth through the year 2000.
REGIONAL SETTING
The City of Lino Lakes is located within southeastern Anoka County.
The City is an outer ring suburb in the Minneapolis/St. Paul Twin
Cities Metropolitan Area. According to the Metropolitan Regional
Blueprint, Lino Lakes is at the edge between rural and urban
service areas. In pursuing a MUSA expansion, the City must comply
with the regional guidelines. and criteria for expanding urban
service area.
METROPOLITAN COUNCIL GUIDELINES
The Metropolitan Council Blueprint identifies the following action
steps that are applicable to urban service and rural service areas:
Urban Service Area
Action Step 3.A. The Metropolitan Council will provide regional
services for urban -scale development within the urban service
area,including the freestanding growth centers, consistent with
local comprehensive plans that meet Metropolitan Council objectives
for regional investments. The Metropolitan Council will provide
only those services in the rural service area that do not promote
urban development, except for services that meet a regional need as
determined by the Metropolitan Council.
Action Step 3.B. The Metropolitan Council will retain the current
urban service area boundary, making appropriate changes after
verifying land demand and supply with local governments along the
boundary line. The Metropolitan Council will make changes in the
current urban service area boundary consistent with regional
policies, local plans to stage growth, aggregate land demand and
supply within regional sectors and clusters of communities, and the
capabilities of the regional systems.
Action Step 3.E. The Metropolitan Council will give top priority
for funds for regional systems to maintaining, upgrading and
replacing system facilities serving existing urban development to
make the best use of investments the region has already made.
The Rural Service Area
Action Step 3.G. The Metropolitan Council will not support
extensive development in the rural service area. However, the
Metropolitan Council will support low density residential
developments at densities of no more than one unit per 10 acres,
with a maximum of 64 units per 640 acre parcel (one square mile).
It should not affect prime farmlands or areas certified or
covenanted as part of the agricultural preserves program.
Appropriate rural land uses must meet all environmental quality
standards, not require urban -level support services, and be of a
scale to serve local market demands.
Action Steps 3.H. The Metropolitan Council will support
agriculture as the primary long-term land use in the rural service
area. The Metropolitan Council will give priority to the
protection of those prime agriculture lands most capable of
supporting long-term agriculture production, specifically "prime
farmland" or Class I, II, III and irrigated Class IV soils. In a
prime farmland area, the Council will support a density of one
housing unit per 40 acres if the housing unit is part of a farming
operation.
Metropolitan Council MUSA Expansion Criteria
In addition to aforementioned MUSA guidelines, the Regional
Blueprint outlines specific criteria for increasing the size of an
urban service. These criteria were used in the formulation of this
Lino Lake Comprehensive Plan amendment. The City intends to
demonstrate that its local objectives for land development are
consistent with that of the Metropolitan Council.
2
Criteria for Increasing the Size of an Urban Service Area
The Council will consider requests from local units for expansion to the urban service area. These requests
will be considered together for their impact on the region as a whole, metropolitan systems, regional policy
objectives and other units of govemment.
Each request, submitted in the form of a comprehensive plan amendment, will be evaluated at both the local
level and at a subregional level, as appropriate, and must satisfy the following criteria:
1.Forecasfs and Urban Land Demand. Is there demonstrated urban land need. The Council first reassesses
land supply and demand based on current Council forecasts and a comparison of figures provided by the local
governmental unit. The Council will analyze the local community's request in terms of the urban land supply/
demand in the pertinent regional data sector(s), cluster planning area, the sewer interceptor and treatment
plant service area, and transportation corridor area to ensure a five-year overage. if the land supply is below
or within three years of the five-year overage and regional facilities (transportation and sewer) are adequate,
the Council will consider a service area expansion: in no case will land in a rural service area community be
added to the MUSA for a net increase of serviced land unless there is a shortage of land suitable for
development in the urban service area communities within the pertinent data sector(s).
2. Transportation and Sewer Service. Metropolitan transportation and sewer services must be in place or
planned for implementation concurrent with the development proposed in the request. Analysis of transportation
system impacts will include those communities or areas that are within the same regional transportation
(highway or transit) corridor(s) or service area(s). Adequate capacity in the metropolitan sewer (treatment
plant and interceptor) and highway systems must be available to serve any new development. Analysis of
sewer service capacity will include those communities that are within the same service area of the wastewater
treatment interceptor or treatment plant.
3.Staging. As communities seek to provide urban services to areas which are not currently urbanized, the
communities must specify in five year urbanization areas, the timing and sequence of major local public
facilities in the capital improvement program and also the official controls which will ensure that urbanization
occurs only in designated urbanization areas and in accordance with the plan.
4.Rural Area Policy. Areas of the community not receiving urban services must be consistent with the
Council's rural area policy for land uses and protection of prime agricultural land.
5.Local Comprehensive Sewer Plan. The focal government must have an up-to-date comprehensive sewer
plan, including on-site sewer management.
6.Local Transportation Plan. The local government must have an up-to-date transportation plan.
7.Local Assessment Practices. The local government has assessment practices that limit creation of vested
development rights.
In addition, the request must also address how the community has and intends to address the following
regional issues:
1.Housing Diversity. Local implementation of strategies and actions that allow for a variety of housing types
and prices for current and future residents including building mixed-use or infill development and increasing
density in residential development.
2.Environmenfal Resources. Use of environmental factors to guide urban development, concentrating
development in areas environmentally suited for development. and
3. Shared Services. Local plans for service cooperation or consolidation and cost savings as well as the
governmental unit's place and role the broader cluster context including relationship to school districts.
3
FORECASTS AND URBAN LAND DEMAND
After the national recovery from the recession and high interest
rates in the early 1980's, Lino Lakes has experienced an annual
increase in the number of new homes since 1984. Low housing
interest rates and strong growth in the cities to the south has
strengthened the residential housing markets in Lino Lakes,
resulting in unprecedented strong growth over the past five years.
Table A illustrates the number of homes constructed in Lino Lakes
since 1971. Through the 1970's, the City averaged 64.5 housing
units a year. This average increased in the 1980's to 122 housing
units annually. Since 1990, the number of new housing units
increased to an average of 265 housing units annually, with a peak
number of housing units at 375 occurring in 1993.
TABLE A
LINO LAKES BUILDING PERMITS
Number
Year of Homes
1971 42
1972 41
1973 29
1974 25
1975 18
1976 42
1977 112
1978 166
1979 169
Sub -Total 645
1980 109
1981 79
1982 61
1983 104
1984 95
1985 117
1986 147
1987 152
1988 165
1989 193
Sub -Total 1,222
1990 176
1991 212
1992 349
1993 375
1994 213
Sub -Total 1,325
SOURCE: City of Lino Lakes
4
The rapid growth rate experienced in 1992 and 1993 raised concern
among City leaders as to its impact on the City's ability to keep
pace in terms of planning, utility availability, community services
and the City's financial stability. To avoid over -burdening City
financial resources, utilities, services and personnel, the City
Council determined that it was necessary to establish manageable
growth parameters for the City of Lino Lakes. An average annual
growth rate between the range of 200 and 300 units was identified
as being appropriate for future planning efforts.
DEMOGRAPHIC FORECASTS
All past planning efforts have been based on demographic forecasts
for the City of Lino Lakes. The City forecasts were periodically
revised to reflect the changing growth patterns in the City. As
shown in Table B, past forecasts have been close to the mark in
projecting the 1990 population and household counts for the City.
Both the City Comprehensive Sewer Plan and the 1993 Metropolitan
Council demographic forecasts have made growth projections for Lino
Lakes extending to 2010 and beyond. In review of these
projections, the City assumed a growth rate of 210 units annually
beyond the year 1990. The Metropolitan Council estimates a growth
rate of 200 units annually between 1990 and 2010, with an increase
to 240 units annually beyond 2010.
TABLE B
HISTORICAL LINO LAKES POPULATION PROJECTION
Proj. Projection Years
Date Source 1980 1990 2000 2010 2020
Population:
1981 City
1986 Met Council
1987 City
1990 City
1993 Met Council
Household:
1986 Met Council
1987 City
1990 City
1993 Met Council
5,700
4,966
4,966
4,966
4,966
1,388
1,388
1,388
1,388
1990 Census:
Population 8,807
Households 2,602
9,200
7,500 8,600
8,532 ---
9,105 15,022
8,807 14,600
2,300 2,800
2,483 - 2,793 4,893
2,603 4,600
5
20,070
19,600
25,000
6,993
6,600 9,000
Based on the growth parameters identified by the City Council, the
following growth projections were prepared. The forecasts
represent a range of growth based on annual local growth of 200,
250 and 300 housing units annually.
TABLE C
LINO LAKES POPULATION AND HOUSEHOLD FORECASTS
1990 - 2010
Jan2
19901 1994 2000 2010
200 Units Per Year:
Population 8,807 12,177 15,500 20,390
Household 2,603 3,690 4,890 6,890
Household Size3 3.38 3.30 3.17 2.96
250 Units Per Year:
Population 8,807 12,177 16,450 22,760
Household 2,603 3,690 5,190 7,690
Household Size3 3.38 3.30 3.17 2.96
300 Units Per Year:
Population 8,807 12,177 17,400 25,130
Household 2,603 3,690 5,490 8,490
Household Size3 3.38 3.30 3.17 2.96
1
1990 Census information.
2 1994 estimate represents first of the year. New housing units
from 1990 through 1994 factored by a 2% City-wide vacancy rate
was used to generate household estimate.
3
Household size forecasts are reflective of the household size
estimates of the Metropolitan Council.
The 200 unit per year projection is generally consistent with
demographic forecasts of the City Comprehensive Sewer Plan and the
1993 Metropolitan Council forecast. In review of the City's growth
over the last five years, these projections may be very
conservative.
Continued growth in the northern Twin Cities metropolitan suburban
communities has strengthened the residential markets in Lino Lakes.
As previously noted, the construction rate since 1990 has more than
doubled what was experienced in the previous decade. Since 1990,
the City has averaged 265 new housing units per year. In 1992 and
1993, the City had issued 342 and 375 percents for new
construction, respectively. The most recent growth characteristics
suggest that Lino Lakes may sustain growth at a rate greater than
200 units per year.
6
The City's demographic projections showing average annual growth of
250 and 300 units represent a moderate and strong growth forecasts
through the year 2000. In light of the limited land supply and
other development limitations unique to Lino Lakes, the City would
be supportive of a moderate growth rate of 250 units per year,
provided that these forecasts can be periodically re-evaluated and
adjusted to be reflective of actual development trends.
RESIDENTIAL LAND DEMAND
Based on the demographic forecasts, the City has estimated
projected land demand to accommodate residential through year 2000.
In generating these forecasts, the following development
characteristics must be noted.
Development Regulations
Lino Lakes has seven residential zoning districts offering a broad
variety of housing densities and types.
While the City has experienced a variety of housing projects
including single family, townhomes, manufactured housing, and
elderly housing, the predominant housing type has been single
family housing. Urban single family residential development
typically falls into two zoning districts.
R-1, Single Family Zoning District. This zoning district provides
for an urban residential environment. Minimum lot size is 10,800
square feet and 80 foot lot widths. Based on these lot size
requirements, this zoning district may provide a maximum density of
3.2 units per buildable acre.
R -1X, Single Family Executive Residential District. This zoning
district provides for urban residential neighborhoods that offer
greater amenities. The minimum lot size is 12,825 square feet and
90 foot widths. This zoning district allows a maximum density of
3.0 units per buildable acre.
The City zoning regulations and the 1991 Wetland Conservation Act
have impacted the development densities occurring in Lino Lakes.
The Lino Lakes development regulations require that all newly
platted lots have a minimum required lot area that excludes street
right-of-way, floodplain areas, wetlands, and water courses. This
requirement is intended to protect environmentally sensitive areas,
preserve necessary natural drainage systems, and assure the
property owner adequate usable lot area to accommodate residential
space needs.
7
The 1991 Wetland Conservation Act has significantly changed the
rules of development. The primary purpose of the act is to
regulate development in a manner that results in no net loss in
wetland acreage. This requires urban development to design
subdivisions that: 1) avoid wetlands; 2) minimizes impact if some
intrusion on a wetland is necessary; and 3) mitigates wetlands that
are impacted.
Development Densities
The aforementioned environmental regulations have significantly
reduced the development densities that have occurred in Lino Lakes
in the following ways:
1. The 1991 Wetland Conservation Act applies to all wetlands. As
a result, it has removed development potential from land that
may have previously been developed. This reduces the supply
of buildable land within a subdivision.
2. Subdivisions that must integrate wetlands into the lot layout
frequently lose density due to irregular shapes of the wetland
resulting in oversized lots.
3. The City standard requiring the residential lot areas to be
exclusive of water courses mandates larger lots in areas of
wetlands, floodplains and environmentally sensitive areas.
A survey of ten subdivisions (Table C) developed in accordance with
the City regulations and the 1991 Wetland Conservation Act reveals
that the residential densities are much lower than the density
standards allowed in the base zoning districts. After the
consideration of the wetlands as physical constraints, recent
subdivisions produced a gross density of 1.4 units per acre and a
net density of 2.1 units per buildable acre.
8
TABLE C
RESIDENTIAL DEVELOPMENT
LOT DENSITIES
1993 - 1994
Net
Gross Densities
Upland Density (Lots/Acre Zoning
Plat Acres Acres Lots (Lots/Acre) of Upland) Designation
Country Lake Estates 33 30.51 53 1.61 1.74 R-1
Oaks of Lino 9 4.19 9 1.00 2.15 R-1
Fox Trace 25 21.72 55 2.20 2.53 R-1
Pine Ridge II 10 9.01 18 1.80 2.00 R -1X
Pine Ridge III 10 9.31 19 1.90 2.04 R -1X
QD
Trappers Crossing 72 57.14 115 1.60 2.01 R -1X
Quail Ridge 38 22.20 40 1.05 1.80 R -1X
Pheasant Hills I -VI 120 60.00 125 1.04 2.08 R -1X
Behm's Century Farm 93 52.36 153 1.65 2.92 R-1
Clearwater Creek
Phase I and II 120 80.60 154 1.28 1.91 R-1
TOTAL 530 347.04 741 1.40 2.14
FUTURE MUSA DEMAND
To accommodate future projected growth in Lino Lakes, it is
necessary to have a sufficient supply of buildable land and
infrastructure capacity. Based on the growth parameters
established for the City, land demand has been forecasted in Table
D. The land demand projection illustrates the anticipated number
of housing units divided by the City average urban density to
generate estimated land demand by buildable acres. Consistent with
Metropolitan Council guidelines, the demand is then adjusted to
provide a five year overage in land supply. Based on anticipated
growth, Lino Lakes will have a 2000 MUSA land demand with overage
ranging from 750 to 1,125 acres.
TABLE D
YEAR 2000 MUSA FORECASTS
Number of New Housing
Units Annually
(Year 1995-2000)
200 250 300
X 5 X 5 X 5
Total Residential Units
April 2000 1,000
Average City -Wide Density 2.0
1,250 1,500
2.0 2.0
Total Buildable Acres
Needed by 2000 500 625 750
Five Year Overage X 1.-5
X 1.5 X 1.5
2000 MUSA DEMAND
WITH OVERAGE 750 940 1,125
EXISTING MUSA LAND SUPPLY
In 1993, the Metropolitan Council staff estimated that Lino Lakes'
total MUSA included 3,915 acres. This figure was based on the MUSA
boundaries established with the 1990 Comprehensive Plan amendment,
as shown on Map 1. Within the total MUSA, Metropolitan Council
staff estimated that 2,134 acres of land was buildable and
available for new development. Metropolitan Council estimates,
shown in Table E, were generated through the use of a region -wide
GIS system that quantified the amount of various land uses,
National Wetland Inventory features, and undeveloped land within
the City.
10
• I g
el se eae•
.r I • 1
CtxrEaviLLE
me I3a
Uo LAIL,
mo PCS. 334
MAP 1
Urban Service Area Boundary
11
N
TABLE E
1993 METROPOLITAN COUNCIL ESTIMATE OF
LINO LAKES MUSA IN ACRES
Residential
Iso- Public and
Multi- Single lated Recreation High Lakes &
Family Family Farm Commercial Industrial Public Rec. ways Streams Vacant Total
1984 0 446 5 6 32 66 62 48 157 864* 1,686
1990 0 843 31 33 101 113 203 98 159 2,134** 3,715
Change
1984-
1990 0 397 26 27 69 47 141 50 2 1,270
* Does not include 376 acres of wetlands in vacant land (#8).
**
Does not include 684 acres of wetlands in vacant land (#8).
SOURCE: Metropolitan Council 1993
Lino Lakes staff expressed concern over the estimated acreage of
buildable MUSA presented by the Metropolitan Council. Existing
development patterns in the City suggested that the supply of land
available for development was significantly less than the
Metropolitan Council estimate.
To attain an accurate inventory of land available for development,
the City mapped the existing MUSA on a section by section basis to
allow for a detailed visual tabulation of the gross MUSA, as well
as a net buildable MUSA available for residential development.
The gross MUSA was tabulated using a planimeter over the 1990 MUSA
boundary map. The detailed tabulation of net buildable land used
the following methodology:
Step #1: The City produced 200 scale aerial photographic base
maps that were overlaid by same scale mylar section map and
acetate National Wetland Inventory (NWI) maps. These maps
provide a section by section base data of land use, and NWI
wetlands at a scaled dimension.
Step #2: Once a base map for each section of the City was
created, the City delineated the MUSA boundaries, non-
residential zoning districts, and the County park land.
Step #3: At Step 3, the buildable vacant land available for
residential development could be determined as of year end
1993. Land considered for development was upland area of
residentially zoned parcels with a contiguous area of 5 acres
or more. Lands included in previous approved final plats was
not considered available: The buildable land was shaded in
yellow to allow for measurement. The limiting boundaries of
the wetlands were the more restrictive combination of the NWI
and the 1977 wetland delineation on the section map. All land
areas were calculated on a section by section basis using a
planimeter. The results of the City efforts are illustrated
in Table F.
METHODOLOGY FOR CALCULATING AVAILABLE RESIDENTIAL BUILDABLE MUSA
- Available Acres Shaded.
- MUSA, County Park,
and Zoning Boundaries.
- 200 Scale Section Base
Map.
- Aerial Photography Map.
Table F indicates that 895 acres of buildable MUSA is available for
residential development. This supply is further reduced by
development that occurred in 1994, and the difference between
actual wetlands delineated at time of final plat and the wetlands
defined by the NWI map.
In 1994, Lino Lakes issued 213 building permits for new homes. One
hundred thirty-three of these building permits consumed lots within
plats approved prior to 1994, reducing the available lot supply in
the pre 1994 plats. Seventy-four single family lots in eight plats
scattered throughout the City. No single pre 1994 plat has more
than 13 vacant lots available. Due to limited and dispersed supply
of vacant lots existing in pre 1994 plats, land included in these
plats was not considered part of the available 895 acres of
existing buildable MUSA shown in Table F.
Table E indicates that 895 acres of buildable MUSA are available
for residential development. This supply is further reduced by
development occurring in 1994, and the difference between actual
wetland delineated at time of final plat and the wetlands defined
by the NWI map.
In 1994, Lino Lakes issued 213 building permits for new homes. One
hundred thirty-three of these building permits consumed lots within
plats approved prior to 1994, reducing the available lot supply in
pre 1994 plats to 74 single family lots in eight plats scattered
throughout the City. No single pre 1994 plat has more than 13
vacant lots available. Due to limited and dispersed supply of
vacant lots existing in pre 1994 plats, land included in these
plats was not considered available as existing buildable MUSA.
In addition to the development occurring in plats approved prior to
1994, Lino Lakes also issued 80 building permits for housing units
for plats approved and developed in 1994. Table G, below,
illustrates the development and land absorption of lots created by
plats approved in 1994. The residential development occurring in
1994 plats consumed 31 acres which was subsequently subtracted from
the City's estimated supply of available MUSA year end 1993.
14
12/93 Areas
TABLE F
LINO LAKES BUILDABLE LAND INVENTORY
1993
CITY OF LINO LAKES
N 0, N 0, N (n rn 0, (n V) N N N 0) V) V) V) (n V) V) (1) (1) (1) V) V) N (n N (A V) V) (1) 0) (n (p
fD (p) 2 2 (5 (1) (D fD fD 0 0 o 0 o 0 o 0 0 0 0 o n 0 0 0 o 0 o 0 C) 0 C) 0 o o 0
o 0 6 o 6- 5- 6- a o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0- 0 0 0 0 0
7 7 7 7 7 7 D 7 _ __ _ __ __ _ �_ __ _ __ __ _ = 7 7 _ _ = 7 = _ _ _ _ _ _ _
-' N W A Cr' Cr' J 0) (O O --� N W A Ut a) v W (o O '2N8 a Cn 0N) V N (No O (-.1 N o 2 CW)) O)
9
d
MUSA Acres
Comercial Zoned MUSA
Industrial Zoned MUSA
Public Zoned MUSA
Residential Zoned MUSA
Total Residential Developed MUSA
NWI Acres within MUSA
Available Acres within MUSA
(Upland Residential Zoned MUSA
on Lots Larger Than 5 Acres)
Non-MUSA Acres
State ROW Acres
Lake Acres
County Park
Non-MUSA NWI Acres
Non-MUSA Available Acres
(Upland Residential Zoned Non-MUSA
on Lots Larger Than 5 Acres)
Total NWI Acres
Total Available Acres
Total Acres
0
0
0
35
210
0
0
285
10
0
0
0
0
0
0
0
295
270
430
90
80
0
0
350
245
0
265
450
255
180
315
185
100
0
0
0
4050
0
0
0
13
3
0
0
88
10
0
0
0
0
0
0
0
100
0
25
11
0
0
0
145
0
0 0
0
0
30
50
0
0
0
0
0
475
0
0
0
7
0
0
0
7
0
0
0
0
0
0
0
0
120
65
16
0
0
0
0
205
0
0 0
0
0
0
0
0
0
0
0
0
420
0
0
0
0
12
0
0
0
0
0
0
0
0
0
0
0
0
110
20
0
10
0
0
0
0
0' 48
25
30
0
0
10
0
0
0
0
265
0
0
0
15
195
0
0
190
0
0
0
0
0
0
0
0
75
95
369
79
70
0
0
0
245
0 217
425
225
150
265
175
100
0
0
0
2890
0
0
0
20
15
0
0
70
0
0
0
0
0
0
0
0
20
45
255
25
70
0
0
0
0
0 45
140
175
50
160
135
0
0
0
0
1225
0
0
0
5
110
0
0
10
0
0
0
0
0
0
0
0
25
10
100
15
15
0
0
35
60
0 75
125
80
40
45
50
20
0
0
0
820
0
0
0
0
70
0
0
120
0
0
0
0
0
0
0
0
20
40
5
40
0
0
0
0
175
0 70
125
25
65
50
15
75
0
0
0
895
665
635
635
585
420
640
630
345
610
630
635
665
665
320
320
630
340
360
225
555
560
640
0
140
405
530 380
190
390
320
335
455
540
645
635
640
17315
40
50
0
0
0
0
0
10
35
40
5
40
40
0
0
0
55
35
40
0
0
0
0
50
45
0 0
0
0
10
5
0
0
0
45
15
560
0
20
235
0
0
0
0
0
50
45
140
0
0
135
120
385
145
0
50
265
185
405
0
0
0
0 15
135
150
210
100
0
0
0
215
105
3110
0
85
0
0
0
0
0
5
130
345
180
0
0
0
200
245
130
0
0
290
385
200
0
0
0
0 0
0
100
100
45
0
0
0
0
0
2440
115
420
475
125
155
140
130
20
295
385
400
50
70
150
220
500
235
25
50
410
470
515
0
30
105
95 125
185
235
265
190
130
240
270
290
335
7850
185
150
65
250
130
460
260
25
95
45
155
140
0
150
0
0
0
0
20
0
0
0
0
0
160
365 160
10
30
0
30
150
255
295
120
65
3770
115
420
475
130
265
140
130
30
295
385
400
50
70
150
220
500
260
35
150
425
485
515
0 1
65
165
95 200
310
315
305
235
180
260
270
290
-
335
8670
185
150
65
250
200
460
260
145
95
45
155
140
0
150
0
0
20
40
25
40
0
0
0
0
335
365 230
135
55
65
80
165
330
295
120
65
4665
665
635
635
620
630
640
630
630
620
630
635
665
665
320
320
630
635
630
655
645
640
640
0
490
650
530 645
640
645
500
650
640
640
645
635
640
21365
i7fi.`/.a L Zsee
12/20/94
Plat
TABLE G
DEVELOPMENT IN PLATS APPROVED IN 1994
Net Additional
Total Vacant Percent Gross Available Available Developed
Lots Lots Vacant Acres Acres Acres Used Acres
Pheasant Hills
III, IV, V, and
VI 91 64 70 101 48 14.24 29.97
Country Lake
Estates 53 45 85 35 27 4.08 5.28
Fox Trace 55 50 91 25 25 2.27 2.27
Quail Ridge 40 2 5 40 20 19.00 38.00
Pine Ridge II 18 17 94 8 8 .44 .44
Oaks of Lino 9 8 89 10 7 .78 1.11
Wenzel Farms
5th Addition 50 50 100 20 0 .00 .00
316 236 75 239 135 40.80 77.10
The second factor influencing the available buildable MUSA is the
difference between actual wetland areas delineated in accordance
with the 1991 Wetland Conservation Act and the wetland boundaries
depicted on the National Wetland Inventory (NWI) map. In
tabulating available MUSA, the Metropolitan Council credited
wetland areas identified in the NWI maps. The City, using nine
subdivision applications having wetland delineations completed, has
conducted a comparison between actual wetlands to the NWI wetlands.
Table H illustrates that the subdivisions being developed under the
Wetland Conservation Act are displayed an average of 50 percent
more wetland area than was defined by NWI maps for these plats.
Plat
TABLE H
COMPARISON OF ACTUAL WETLAND
DELINEATIONS TO NWI MAPS
Ratio of Actual
Actual Wetlands Acres
Gross Wetland NWI Based to NWI Based
Area Acres Wetland Acres Wetland Acres
Country Lake
Estates 33 2.49 .89 2.80
Oaks of Lino 9 4.81 2.45 1.96
Fox Trace 25 3.28 1.02 3.22
Pine Ridge II 10 .99 1.11 .89
Pine Ridge III 10 .69 1.02 .68
Trappers Crossing 72 14.86 3.06 4.86
Quail Ridge 38 15.80 14.38 1.10
Behm's Century
Farm 93 40.64 23.26 1.75
Clearwater Creek
Phase I and II
TOTAL
120 39.40 34.70 1.14
410 122.96 81.89 1.50
To date, the sites having the least environmental constraints and
the largest contiguous buildable areas have been selected for
subdivision and subsequent development. The trend suggests that
1.5 percent ratio show in Table H above represents a conservative
adjustment to the NWI wetlands when determining the actual supply
of vacant buildable residential MUSA.
17
Table I shows the adjustments to the available residential acres
within the MUSA as tabulated 1 January 1994 by subtracting net
residential land absorption occurring during 1994 and adjusting the
NWI wetlands to be reflective of actual wetland experiences. Year
end 1994, the City estimates 444 acres of buildable residential
MUSA remaining.
TABLE I
YEAR END 1994 AVAILABLE RESIDENTIAL MUSA
Available acres within MUSA as of 1/1/94 895
Available acres used in 1994 on a per lot
basis (from "Net Available Acres Used") - 41
Available acres within MUSA as of 1/1/95 854
Additional wetland from "Actual Wetland
Acres to NWI Based Wetland Acres Ratio"
(1.5 * 820 acres NWI - 820 acres)
- 410
Adjusted available acres within MUSA
as of 1/1/95 444
In addition to the limited supply of buildable land, the location
of this land further complicates urban growth. The City's supply
of buildable MUSA is scattered throughout the community, however,
the largest contiguous parcels -are located east of I-35 and along
Main Street. These parcels are located away from existing
infrastructure. The extension of utilities is difficult without a
development having the critical mass for financing both the utility
extension and the internal plat improvements. This is required due
to the Charter restriction that prevents the assessing of utilities
without the permission of adjoining property owners. This
situation stalls growth and does not promote contiguous growth
patterns or the orderly extension of utilities.
Anoka County assessment policy of valuing land having a MUSA
designation at $2,000 per acre higher than rural service property
suggests a financial vested interest in the MUSA designation. Land
trades that would remove the MUSA from one acre of the City for use
in another is seen as taking value away from the property. The
City is reluctant to become involved with taxing issues and
compensation for lost value.
A final discrepancy between Metropolitan Council's estimate of
available MUSA and the City is that Met Council included land areas
in oversized unsewered lots as land available for development. The
City's calculation for available MUSA excludes any unsewered lots
of single ownership having land areas less than 5 acres. The basis
for this proposal is as follows:
18
1. The City Charter allows City residents to refuse special
assessments for infrastructure improvements until such time as
they made connection to the utility. Additionally, the
Charter restricts the use of general funds in the use of
infrastructure projects. The result of the Charter is that it
prohibits the City from installing utilities in areas of
unsewered lots unless they are petitioned for by the
neighborhood and residents accept the special assessments.
2. Multiple property ownership, in conjunction with the City
Charter complicates land assembly, prohibiting the creation of
a single parcel large enough to create the critical masses to
accommodate a privately financed project.
Table J compares the Lino Lakes projected residential land demand
through the year 2000 with its existing supply to identify the
necessary MUSA expansion acreage.
TABLE J
MUSA EXPANSION ACREAGE
Growth Year
Parameter 2000 Demand Existing Supply Proposed MUSA
Unit Per Year With Overage of Buildable MUSA Expansion Acreage
200 714 - 444 270
250 892 - 444 448
300 1,071 - 444 627
LAND BANK
The current discrepancies between the Metropolitan Council's and
Lino Lakes' estimate of buildable vacant MUSA is attributed in part
to the way MUSA has been applied to land areas in the past. The
blanket application of MUSA to anticipated growth areas has not
provided for an accurate accounting of buildable land within the
MUSA. As a result, some of the development potential assumed
within a MUSA designation is far less than actually exists. This
is particularly constraining in Lino Lakes due to the following
local conditions:
Buildable Land
In January 1995, the City estimated that of the 21,365 acres within
the corporate boundaries of Lino Lakes, only 45 percent or 9,695
acres are considered developable due to regional park, interstate
highways, and environmental constraints inherent in the City. This
has reduced the supply of buildable land in the Lino Lakes MUSA and
reduced the development densities City-wide. Development proposals
19
considered under the wetland rules reveal the wetland impacts
within the City are greater than originally believed, further
reducing the supply of buildable land below the aforementioned 1995
estimate.
1991 Wetland Conservation Act
The 1991 Wetlands Conservation Act significantly changed the rules
for development. This act's primary purpose is to regulate
development in a manner that results in no net loss in wetland
acreage. This requires urban development to design subdivisions
that: 1) avoid wetlands; 2) minimize impact if some intrusion on
the wetland is necessary; and 3) mitigate wetlands that are
impacted. Due to the extent of wetlands in Lino Lakes, the
Conservation Act has significantly impacted the supply of buildable
land, development densities, and development patterns in the City.
The City survey of nine subdivision designs in accordance with the
Wetland Conservation Act reveals that actual delineated wetlands
exceeded NWI wetlands by approximately 50 percent.
Past Development Patterns
Prior to the 1990 Comprehensive Plan amendment and the 1992 Zoning
Ordinance amendment that repealed the SR, Suburban Residential and
SRX, Suburban Residential Executive Zoning Districts, the City
allowed unsewered subdivisions with a minimum lot size of 2.5
acres. The 1990 and 1992 amendments served to implement a rural
service policy of one unit per 10 acres consistent with
Metropolitan Council guidelines.
Review of Lino Lakes reveals a scattered pattern of unsewered
subdivision impact on community growth in the following ways:
1. The subdivision established a suburban density that raises
concern with regard to compatibility with urban densities.
2. The subdivisions are often resistant to the extension of
utilities due to the cost of assessment to the larger lots.
This resistance complicates the future planning and
construction of local infrastructure.
3. The sensitive environmental features (i.e., wetlands/soils,
high water table, lakes) inherent in Lino Lakes presents
concern with regard to the proper functioning of on-site
septic systems and the potential for their failure. The
concentration of unsewered small lots present utility and
environmental concerns if large scale failure would occur.
20
City Charter
Lino Lakes is a charter city. The City Charter allows residents to
refuse assessments for infrastructure improvements until such time
as they made connection to the utility. This unique charter
provision limits the City in its future utility planning.
Local Assessment Practices
The City has investigated possible land trades that would exchange
MUSA areas. In review of this alternative, it was discovered Anoka
County's policy to assess a higher taxable value on undeveloped
land having a MUSA designation than undeveloped land outside the
established MUSA.
As a result of the property owners increased financial investment
due to the land MUSA designation, the City believes that the County
assessment policy creates a vested development right in the
property. Exchange of MUSA area would require compensation for the
loss of value in the property.
LAND BANK PROCEDURE
In an effort to more efficiently utilize the MUSA allocated to Lino
Lakes and to provide some degree of flexibility and accuracy in
community planning, the City is requesting the Metropolitan Council
allow the City to establish a MUSA land banking system. The City
would request that its 2000 MUSA be expanded by 448 acres. Under
the land bank concept, this MUSA expansion acreage would be held in
reserve and dispersed as development proposals are evaluated
through a formal review process.
For future proposed developments, the system to be implemented will
involve an additional requirement in the application and formal
review process. As part of the. City's approval of building plans
or platting and development process (which requires improvement
commitments on the part of the developer), a minor Comprehensive
Plan amendment involving Metropolitan Council review will be
required. The Plan amendment which is intended for advisory
purposes only to the Metropolitan Council and will involve an
addition to the 2000 Urban Service Area, under current limitations
not to exceed 448 acres of the land reserve designated for
development by 2000. The Comprehensive Plan amendment process will
involve a review by the Metropolitan Council.
To insure the Metropolitan Council that the urban residential
growth follows an orderly and logical growth pattern, the City
proposes to designate an urban expansion area which will confine
the use of the MUSA reserve acres. Consistent with the following
policy parameters, the urban expansion area will include the
existing MUSA boundaries and 672 additional acres which will allow
21
•
for some flexibility in the use of the MUSA reserve. The following
parameters will also guide the distribution of the land reserve
MUSA in a manner that will promote staged, orderly growth while
maximizing the use of the MUSA allocation and infrastructure
investment.
1. The property is contiguous to the existing MUSA and provides
a logical extension of utilities in an orderly growth pattern.
2. Utility improvements respond to environmental, health, safety,
and general welfare concerns.
3. The land is not green acred or agricultural preserve.
4. The potential sewer discharge of the project is within
limitations assigned to the City of Lino Lakes by regional
agencies.
5. The developer/benefitting property owners assume the
significant majority of improvement/service costs, and agree
to pay assessments associated with extending service to serve
their property.
6. The proposed MUSA expansion or trade is consistent with the
City's infill policy which encourages urban development to
locate wherever possible in areas where public investments
have already been provided.
7. In considering land trades, the City should not exchange
developable commercial or industrial zoned land for a proposed
residential development unless fiscal impact concerns are
fully addressed.
8. The developer acknowledges and holds all governmental units
harmless should limitations on sewer hookups be imposed.
9. The land does not qualify as a premature development or
subdivision based on the following:
a. Lack of adequate storm water drainage capacity
b. Lack of adequate or safe water supply.
c. Lack of adequate roads or highways to serve the
subdivision or development.
d. Lack of adequate or safe sewage disposal.
e. Inconsistent with the Comprehensive Plan.
f. Lack of adequate public support facilities (i.e.,
schools, parks and recreation, fire and police, etc.).
g Inconsistent with environmental protection policies.
22
'pit
The property owner pursuing the proposed development must
demonstrate compliance with the aforementioned guidelines to secure
MUSA allocation. The assignment of MUSA would occur with the
approval of the final plat and would represent the net buildable
area of the plat.
The benefits of the urban expansion area and MUSA land bank system
include:
1. The MUSA from the land reserve would be assigned on the net
buildable acres of the subdivision or development. This would
be quantified by the City during the review process. This
will provide an accurate accounting of consumed MUSA and
utility capacity.
2. The assignment of MUSA with the final plat assures timely use
of the MUSA designation. Final plat approval requires
financial guarantees and a development agreement to insure
development performance.
3. The land bank system provides a degree of flexibility with
regard to community planning. Without the geographic
designating of the MUSA, the City avoids creating a vested
property right via Anoka County tax assessment policy. This
allows the City to address areas experiencing development
pressures.
4. The land bank system will allow for the logical expansion of
urban growth that will bring urban utilities in closer
proximity to unsewered subdivisions. This sewer availability
is necessary to allow the City to respond in the event of
septic system failure.
5. Due to the Charter limitation, public utility extension will
be development driven and financed in the future. The land
bank system allows the City some flexibility to accommodate
development that helps facilitate the City's long range
utility infrastructure planning.
23
DRAFT 1/5/95
CHAPTER 1102
SHORELAND MANAGEMENT OVERLAY ORDINANCE
1102.01 Statutory Authorization and Policy
1102.02 General Provisions
1102.03 Definitions
1102.04 Administration
1102.05 Shoreland Overlay District
1102.06 Shoreland Overlay District Uses
1102.07 Zoning and Water Supply/Sanitary Provisions
1102.08 Nonconformities
1102.09 Shoreland Alterations
1102.10 Special Provisions for Commercial, Industrial, Public./Semipublic,
Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals
and Peat
1102.11 Water Supply and Sewage Treatment
1102.12 Subdivision/Platting Provisions
1102.13 Planned Development Overlays (PDOS)
1102.01 Statutory Authorization and Policy
Subdivision 1. Statutory Authorization. Local government units are required to
adopt shoreland management ordinances in Minnesota Statutes 103F.201 to 103F.221. This
Shoreland Overlay District Ordinance is adopted pursuant to these authorizations and
policies and the planning and zoning enabling legislation in Minnesota Statutes, Chapter
462.
Subd. 2. Policies. The uncontrolled use of shorelands of the City of Lino Lakes,
Minnesota affects the public health, safety and general welfare not only by contributing
to pollution of public waters, but also by impairing the local tax base. Therefore, it is in
the best interests of the public health, safety and welfare to provide for the wise
subdivision, use and development of shorelands of public waters. The Legislature of
Minnesota has delegated responsibility to local governments of the state to regulate the
subdivision, use and development of shorelands of public waters and thus preserve and
enhance the quality of surface waters, conserve the economic and natural environmental
values of shorelands, and provide for the wise use of waters and related land resources.
The responsibility for the management of shoreland areas is hereby recognized by the City
of Lino Lakes, Minnesota.
Page 1
DRAFT 1/5/95
1102.02 General Provisions
Subdivision 1. Jurisdiction. The provisions of this ordinance shall apply to the
shorelands of the public water bodies as classified in 1102.05 of this ordinance and as
shown on the Official Zoning Map of the City of Lino Lakes as being located within the
Shoreland Overlay District. A body of water created by a private user where there was no
previous shoreland may, at the discretion of the City, be exempt from this ordinance.
Subd. 2. Compliance. The use of any shoreland of public waters; the size and shape
of lots; the use, size, type and locations of structures on lots; the installation and
maintenance of water supply and waste treatment systems; the grading and filling of any
shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be
in full compliance with the terms of this ordinance and other applicable regulations.
Subd. 3 Enforcement. The Zoning Administrator is responsible for the
administration and enforcement of this ordinance. Any violation of the provisions of this
ordinance or failure to comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by
law. Violations of this ordinance can occur regardless of whether or not a permit is
required for a regulated activity pursuant to 1102.04, Subd. 1 of this ordinance.
Subd. 4. Interpretation. In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements and shall be liberally construed in
favor of the governing body and shall not be deemed a limitation or repeal of any other
powers granted by State Statutes. The approximate boundaries of the Shoreland Overlay
District are indicated on the Official Zoning Map of the City of Lino Lakes, and
attachments thereto. Exact determination of the boundaries will be made by the Minnesota
Department of Natural Resources, Division of Waters.
Subd. 5. Severability. If any section, clause, provision, or portion of this ordinance
is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder
of this ordinance shall not be affected thereby.
Subd. 6. Abrogation and Greater Restrictions. It is not intended by this ordinance
to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
Where the conditions imposed by any provision of this ordinance are either more
restrictive or less restrictive than comparable conditions imposed by any other law,
ordinance, statute, resolution, or regulation of any kind, the regulations which are more
restrictive, or which impose higher standards or requirements shall prevail All other
ordinances inconsistent with this ordinance are hereby repealed to the extent of the
inconsistency only.
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1102.03 Definitions. Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the same meaning as they have in
common usage and so as to give this ordinance its most reasonable application. For the
purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive.
All distances, unless otherwise specified, shall be measured horizontally.
Subdivision 1. Accessory structure or facility. "Accessory structure" or "facility"
means any building or improvement subordinate to a principal use which, because of the
nature of its use, can reasonable be located at or greater than normal structure setbacks.
Subd. 2. Bluff. "Bluff" means a topographic feature such as a hill, cliff, or
embankment having the following characteristics (an area with an average slope of less
than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff):
A. Part of all of the feature is located in a shoreland area;
B. The slope rises at least 25 feet above the ordinary high water level of the
waterbody;
C. The grade of the slope from the toe of the bluff to a point 25 feet or more above
the ordinary high water level averages 30 percent or greater; and
D. The slope must drain toward the waterbody.
Subd. 3. Bluff impact zone. "Bluff impact zone" means a bluff and land located within
20 feet from the top of a bluff.
Subd. 4. Boathouse. "Boathouse" means an accessory structure designed and used
solely for the storage of boats and boating equipment.
Subd. 5. Building line. "Building line" means a line parallel to a lot line or the
ordinary high water level at the required setback beyond which a structure may not
extend.
Subd. 6. Clear Cutting. "Clear cutting" means the removal of an entire stand of trees.
Subd. 7. Resort planned development overlay. "Resort planned development
overlays" are typically uses that provide transient, short-term lodging spaces, rooms, or
parcels and their operations are essentially service-oriented. For example, hotel/motel
accommodations, resorts, recreational vehicle and camping parks, and other primarily
service-oriented activities are resort planned unit developments.
Subd. 8. Commercial use. "Commercial use" means the principal use of land or
buildings for the sale, lease, rental, or trade of products, goods, and services.
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Subd. 9. Commissioner. "Commissioner" means the commissioner of the Department
of Natural Resources.
Subd. 10. Conditional use. "Conditional use" means a land use or development as
defined by ordinance that would not be appropriate generally but may be allowed with
appropriate restrictions as provided by official controls upon a finding that certain
conditions as detailed in the official zoning ordinance exist, the use or development
conforms to the comprehensive land use plan of the community, and the use is compatible
with the existing neighborhood.
Subd. 11. Deck. "Deck" means a horizontal, unenclosed platform with or without
attached railings, seats, trellises, or other features, attached or functionally related to a
principal use or site and at any point extending more than three feet above the ground.
Subd. 12. Dwelling site. "Dwelling site" means a designated location for residential
use by one or more persons using temporary or movable shelter, including camping and
recreational vehicle sites.
Subd. 13. Dwelling unit. "Dwelling unit" means any structure or portion of a
structure or other shelter designed as short- or long-term living quarters for one or more
persons, including rental or timeshare accommodations such as motel, hotel, and resort
rooms and cabins.
Subd. 14. Extractive use. "Extractive use" means the use of land for surface or
subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals,
and peat not regulated under Minnesota Statutes, sections 9.44 to 9.51.
Subd. 15. Forest land conversion. "Forest land conversion" means the clear cutting
of forested land to prepare for a new land use other than reestablishment of a subsequent
forest stand.
Subd. 16. Hardship. "Hardship" means the property in question cannot be put to
reasonable use under the conditions allowed by the official controls; the plight of the
landowner is due to circumstances unique to his property, not created by the landowner;
and the variance, if granted, will not alter the essential character of the locality. Economic
considerations alone shall not constitute a hardship if a reasonable use for the property
exists under terms of the official controls.
Subd. 17. Height of building. "Height of building" means the vertical distance
between the highest adjoining ground level at the building or ten feet above the lowest
ground level, whichever is lower, and the highest point of a flat roof or average height of
the highest gable of a pitch or hipped roof.
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Subd. 18. Industrial use. "Industrial use" means the use of land or buildings for the
production, manufacture, warehousing, storage, or transfer of goods, products,
commodities, or other wholesale items.
Subd. 19. Intensive vegetation clearing. "Intensive vegetation clearing" means the
complete removal of trees or shrubs in a contiguous patch, strip, row, or block.
Subd. 20. Lot. "Lot" means a designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be used developed or built upon
as a unit.
Subd. 21. Lot width. "Lot width" means the horizontal distance between the side
lot lines of a lot measured at the building setback line and parallel to the front lot line.
Subd. 22. Nonconforming Use. "Nonconforming use" means any legal use,
structure or parcel of land already in existence, recorded, or authorized before the
adoption of official controls or amendments thereto that would not have been permitted
to become established under the terms of the official controls as now written, if the official
controls had been in effect prior to the date it was established, recorded or authorized.
Subd. 23. Ordinary high water level. "Ordinary high water level" means the
boundary of public waters and wetlands, and shall be an elevation delineating the highest
water level which has been maintained for a sufficient period of time to leave evidence
upon the landscape, commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial.
Subd. 24. Planned development overlay. "Planned development overlay" means
a type of development characterized by a unified site design for a number of dwelling
units or dwelling sites on a parcel, whether for sale, rent, or lease, and also usually
involving dustering of these units or sites to provide areas of common open space, density
increase, and a mix of structure types and land uses. These developments may be
organized and operated as condominiums, time-share condominiums, cooperatives, full
fee ownership, commercial enterprises, or any combination of these, or cluster subdivisions
of dwelling units, residential condominiums, townhouses, apartment buildings,
campgrounds, recreational vehicle parks, resorts, hotels, motels, and conversions of
structures and land uses to these uses.
Subd. 25. Public waters. "Public waters" means any waters as defined in Minnesota
Statutes, section 105.37, subdivisions 14 and 15.
Subd. 26. Residential planned development overlay. "Residential planned
development overlay" means a use where the nature of residency is nontransient and the
major or primary focus of the development is not service-oriented. For example,
residential apartments, manufactured home parks, time-share condominiums, townhouses,
cooperatives, and full fee ownership residences would be considered as residential
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planned development overlays. To qualify as a residential planned development overlay,
a development must contain at least five dwelling units or sites.
Subd. 27. Semipublic use. "Semipublic use" means the use of land by a private,
nonprofit organization to provide a public service that is ordinarily open to some persons
outside the regular constituency of the organization.
Subd. 28. Sensitive resource management. "Sensitive resource management"
means the preservation and management of areas unsuitable for development in their
natural state due to constraints such as shallow soils over groundwater or bedrock, highly
erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora
or fauna in need of special protection.
Subd. 29. Setback. "Setback" means the minimum horizontal distance between a
structure, sewage treatment system, or other facility and an ordinary high water level,
sewage treatment system, road, highway, property line, or other facility.
Subd. 30. Sewage treatment system. "Sewage treatment system" means a septic
tank and soil absorption system or other individual or cluster type sewage treatment
system as described and regulated in Section 1102.11 of this ordinance.
Subd. 31. Sewer system. "Sewer system" means pipelines or conduits, pumping
stations, and force main, and all other construction, devices, appliances, or appurtenances
used for conducting sewage or industrial waste or other wastes to a point of ultimate
disposal.
Subd. 32. Shore impact zone. "Shore impact zone" means land located between the
ordinary high water level of a public water and a line parallel to it at a setback of 50
percent of the structure setback.
Subd. 33. Shoreland. "Shoreland" means land located within 1,000 feet from the
ordinary high water level of the lakes and land located within 300 feet from the streams
classified in Section 1102.05 or the landward extent of a floodplain designated by
ordinance on a river or stream, whichever is greater. The limits of shorelands may be
reduced whenever the waters involved are bounded by topographic divides which extend
landward from the waters for lesser distances and when approved by the Comissioner.
Subd. 34 Significant historic site. "Significant historic site" means any archaeological
site, standing structure, or other property that meets the criteria for eligibility to the
National Register of Historic Places or is listed in the State Register of Historic Sites, or is
determined to be an unplatted cemetery that falls under the provisions of Minnesota
Statutes, Section 307.08. An historic site meets these criteria if it is presently listed on either
register or if it is determined to meet the qualifications for listing after review by the
Minnesota state archaeologist or the director of the Minnesota Historical Society. All
unplatted cemeteries are automatically considered to be significant historic sites.
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Subd. 35 Steep slope. "Steep slope" means land where development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics as mapped and described in available county soil surveys or other reports,
unless appropriate design and construction techniques and farming practices are used in
accordance with the provisions of this ordinance. Where specific information is not
available, steep slopes are lands having average slopes over 12 percent, as measured over
horizontal distances of 50 feet or more that are not bluffs.
Subd. 36 Structure. "Structure" means any building or appurtenance, including decks,
mobile homes, docks and boat launches, except aerial or underground utility lines, such
as sewer, electric, telephone, telegraph, gas lines, towers, poles, and other supporting
facilities.
Subd. 37. Subdivision. "Subdivision" means land that is divided for the purpose
of sale, rent, or lease, including planned developments overlays.
Subd. 38. Surface water -oriented commercial use. "Surface water -oriented
commercial use" means the use of land for commercial purposes, where access to and use
of a surface water feature is an integral part of the normal conductance of business.
Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
Subd. 39. Water -oriented accessory structure or facility. 'Water -oriented accessory
structure or facility" means a small, above ground building or other improvement, except
stairways, fences, docks, and retaining walls, which, because of the relationship of its use
to a surface water feature, reasonable needs to be located closer to public waters than the
normal structure setback. Examples of such structures and facilities include boathouses,
gazebos, screen houses, fish houses, pump houses, and detached decks.
1102.04 Administration.
Subdivision 1. Permits Required
A. Permit Required. A building permit is required for the construction of
buildings or building additions (including such related activities as construction of
decks and signs), the installation and/or alteration of sewage treatment systems, and
a grading permit for those grading and filling activities not exempted by Section
1102.09 of this ordinance. Application for a permit shall be made to the Zoning
Administrator on forms provided. The application shall include the necessary
information so that the Zoning Administrator can determine the site's suitability for the
intended use and that a compliant sewage treatment system will be provided.
B. A building permit authorizing an addition to an existing structure shall stipulate
that an identified nonconforming sewage treatment system, as defined in Section
1102.11, shall be reconstructed or replaced in accordance with the provisions of this
ordinance.
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Subd. 2. Certificate of Zoning Compliance. The Zoning Administrator shall issue
a certificate of zoning compliance for each activity requiring a permit as specified in
1102.04, Subd. 1 of this ordinance. This certificate will specify that the use of land
conforms to the requirements of this ordinance. Any use, arrangement, or construction at
variance with that authorized by permit shall be deemed a violation of this ordinance and
shall be punishable as provided in 1102.02, Subd. 3 of this ordinance.
Subd. 3. Variances.
A. Variances may only be granted in accordance with Minnesota Statues, Chapter
462, as applicable. A variance may not circumvent the general purposes and intent of
this ordinance. No variance may be granted that would allow any use that is
prohibited in the zoning district in which the subject property is located. Conditions
may be imposed in the granting of a variance to ensure compliance and to protect
adjacent properties and the public interest. In considering a variance request, the
zoning Administrator must also consider whether the property owner has reasonable
use of the land without the variance, whether the property is used seasonally or year-
round, whether the variance is being requested solely on the basis of economic
considerations, and the characteristics of development on adjacent properties.
B. The City Council shall hear and decide requests for variances in accordance with
the rules that it has adopted for the conduct of business in Section 5, Subd. 7 of the City
Zoning Ordinance. When a variance is approved after the Department of Natural
Resources has formally recommended denial in the hearing record, the notification of
the approved variance required in 1102.04, Subd. 4B shall also include the City
Council's summary of the public record/testimony and the findings of facts and
conclusions which supported the issuance of the variance.
C. For existing developments, the applications for variance must clearly
demonstrate whether a conforming sewage treatment system is present for the
intended use of the property. The variance, if issued, must require reconstruction of
a nonconforming sewage treatment system.
Subd. 4. Notification to the Department of Natural Resources
A. Copies of all notices of any public hearings to consider variances, amendments,
or conditional uses in the Shoreland Overlay District must be sent to the Commissioner
of the Department of Natural Resources or the Commissioner's designated
representative and postmarked at least ten (10) days before the hearings. Notices of
hearing to consider proposed subdivision/plats must include copies of the
subdivision/ plat.
B. A copy of approved amendments and subdivisions/plats, and final decisions
granting variances or conditional uses in the Flood Plain or Shoreland Management
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Districts must be sent to the Commissioner or the Commissioner's designated
representative and postmarked within ten (10) days of final action.
1102.05 Shoreland Overlay District
Subdivision 1. Establishment of Shoreland Overlay District. The public waters of
the City of Lino Lakes have been classified consistent with the criteria found in Minnesota
Regulations, Part 6120.3300. The Shoreland Overlay District for the waterbodies listed
below is that land within 1,000 feet of the ordinary high water level of the lakes, and 300
feet from a river or stream as shown on the Official Zoning Map.
A. Natural Environment Lakes
Unnamed
Peltier Lake
George Watch Lake
Marshan Lake
Rice Lake
Wards Lake
Sherman Lake
Cedar Lake
Amelia Lake
Rondeau Lake
Wilkinson Lake
B. Recreational Development Lakes
Otter Lake
Centerville Lake
Reshanau Lake
Baldwin Lake
C. General Development Lake
Bald Eagle Lake
D. Tributary Rivers and Streams
Rice Creek
Unnamed to Rice Lake
Hardwood Creek
Page 9
Protected Water
Inventory I.D.#
2-1
2-4
2-5
2-7
2-8
2-10
2-11
2-12
2-14
2-15
62-43
Protected Water
Inventory I.D.#
2-3
2-6
2-9
2-13
Protected Water
Inventory I.D.#
62-2
Protected Watercourse
Legal Description
From Basin 740 to Basin 13
From Basin 9 to Basin 8
From T31N, R22W, Sect. 12 to Basin 4
DRAFT 1/5/95
Subd. 2. Establishment of Official Zoning Map. The Official Zoning Map, together
with all materials attached thereto is hereby adopted by reference and declared to be a part
of this ordinance. The attached material shall include the Protected Waters Inventory Map
for Anoka County. The Official Zoning Map shall be on file in the Office of the Zoning
Administrator.
Subd. 3. Land Use District Descriptions.
A. Criteria for Designation. The land use districts in B below and the delineation
of a land use district's boundaries on the Official Zoning Map, must be consistent with
the goals, policies, and objectives of the comprehensive land use plan.
B. Land Use District Descriptions. The land use districts and the allowable land
uses therein for the given classifications of waterbodies, shall be properly delineated
on the Official Zoning Map for the shorelands of the City of Lino Lakes. The
designated land use districts shall be in conformance with the criteria specified in
Minnesota Regulation, Part 6120.3200, Subp. 3.
1102.06 Shoreland Overlay District Uses
Subdivision 1. Permitted Uses. The permitted uses in the Shoreland Overlay District
are those uses allowed and regulated by the applicable underlying zoning district as
indicated on the Official Zoning Map of the City of Lino Lakes.
Subd. 2. Conditional Uses.
A. The conditional uses in the Shoreland Overlay District are those uses allowed
and regulated on a conditional basis by the applicable underlying zoning district as
indicated on the Official Zoning Map of the City of Lino Lakes.
B. Boathouses.
C. Evaluation Criteria. A thorough evaluation of the waterbody and the
topographic, vegetation and soils conditions on the site must be made to ensure:
1. the prevention of soil erosion or other possible pollution of public waters,
both during and after construction in accordance with Chapter 1101 and 1105
of the City Code;
2. the visibility of structures and other facilities as viewed from public waters
is limited;
3. the site is adequate for water supply and on-site sewage treatment; and
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4. the types, uses and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely
accommodate these watercraft.
D. Conditions attached to conditional use permits. The City of Lino Lakes, upon
consideration of the criteria listed above and the purposes of this ordinance, shall
attach such conditions to the issuance of the conditional use permits as it deems
necessary to fulfill the purposes of this ordinance and Section 5, Subd. 5 of the City
Zoning Ordinance. Such conditions may include, but are not limited to, the following:
1. increased setbacks from the ordinary high water level;
2 limitations on the natural vegetation to be removed or the requirement that
additional vegetation be planted; and
3. special provisions for the location, design, and use of structures, watercraft
launching and docking areas, and vehicle parking areas.
E. The City Council shall hear and decide applications for conditional uses
permissible under this ordinance in accordance with Conditional Use Permit approval
process of the City Code.
Subd. 3. Permitted Accessory Uses.
A. The permitted accessory uses in the Shoreland Overlay District are those uses
allowed and regulated as accessory uses by the applicable underlying zoning district
as indicated on the Official Zoning Map of the City of Lino Lakes.
B. Water -oriented accessory structures are permitted when constructed in
accordance with the design criteria of Section 1102.07, Subd. 2B.
C. Dock and boat launches are permitted provided they are constructed on the
same lot as the principal structure.
Subd. 4. Prohibited Uses. Any uses which are not permitted or conditional uses as
regulated by the applicable underlying zoning district as indicated on the Official Zoning
Map are not permitted.
1102.07 Zoning and Water Supply/Sanitary Provisions
Subdivision 1. Lot Area and Width Standards. The following standards shall apply
to all lots within the Shoreland Overlay District. Where the requirements of the
underlying zoning district are more restrictive than those set forth herein, the more
restrictive standards shall apply.
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A. Residential (R-1, R -1X, R-2, R-3, R-4) Zoning Districts.
1. Lot Area Per Unit
a. Unsewered*
NE RD GD T
10 acres 10 acres
10 acres 10 Acres
b. Sewered Abutting
Single Family 20,000 20,000 20,000
Two Family/
Duplex 8,775 8,775 8,775
Triplex/Quad/
Townhome 6,000 6,000 6,000
c. Sewer Non -Abutting
Single Family 10,800 10,800 10,800
Two Family/
Duplex 8,775 8,775 8,775
Triplex/Quad/
Townhome 5,000 5,000 5,000
**
2. Lot Width/ Base Lot***
a. Unsewered* 330 330 330 330
**
b. Sewered Abutting
Single Family 80 80 80 80
Two Family/
Duplex 130 130 130 130
Triplex/Quad/
Townhome 130 130 130 130
c. Sewered Non -Abutting
Single Family 80 80 80 130
Two Family/
Duplex 130 130 130 130
Triplex/Quad/
Townhome 130 130 130 130
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B. Commercial and Industrial (NB, LB, GB, CB, SC, LI, GI) Zoning Districts.
NE RD GD T
1. Lot Area
a. Unsewered 1 acre 1 acre 1 acre 1 acre
b. Sewered Abutting
Commercial 1 acre 1 acre 1 acre **
Industrial 1 acre 1 acre 1 acre
c. Sewered Non -Abutting
Commercial ** ** ** **
Industrial 1 acre 1 acre 1 acre 1 acre
2. Lot Widths***
a. Unsewered
Commercial 100 100 100 100
Industrial 150 150 150 150
b. Sewered Abutting
Commercial 100 100 100 100
Industrial 150 150 150 150
c. Sewered Non -Abutting
Commercial ** ** ** **
Industrial 150 150 150 150
* Lot size requirement in unsewered area are delineated in Section 4, Subdivision 17
and Section 6, Subdivisions 2 and 3.
** Lot area and width requirements along rivers in sewered areas and commercial
zoning districts in sewered areas will be delineated by the standards of the base
zoning districts.
*** Lot widths shall be measured at both the front building setback line and at the
setback from the ordinary high water level.
C. Additional Special Provisions.
1. Only land above the ordinary high water level of public waters and outside
existing watercourses can be used to meet the lot area standards.
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2. The shoreland lot width standards must be met at both the ordinary ghith
water level and the building setback line.
3. All single family, two family, triplex, quadraminium, townhouse,
commercial and industrial subdivisions must provide a grading and
drainage plan for review and approval of the City Engineer and Rice Creek
Watershed District. The grading and drainage plan shall include:
a. Compliance for the impervious surface standards of the respective
zoning district.
b. The subdivision or lot development shall provide for the collection and
treatment of storm water in compliance with the Lino Lakes local Storm
Water Management Plan if determined that the site improvements will
result in increased runoff directly entering a public water. All grading
and drainage plans shall require review and approval by the City
Engineer and the Rice Creek Watershed District.
c. Measures to be taken for the treatment of storm water runoff and/or
prevention of storm water from directly entering a public water. The
measures may include, but not be limited to the following:
1. Appurtenances as sedimentation basins, debris basins, desilting
basins or silt traps.
2. Installation of debris guards and microsilt basins on storm sewer
inlets.
3. Use where practical, oil skimming devices or sump catch basins.
4. Direct drainage away from the lake and into pervious, grassed, yards
through site grading, use of gutters and downspouts.
5. Construct sidewalks and driveways of partially pervious raised
materials such as decking which has natural earth or other previous
material beneath or between the planking.
6. Use grading and construction techniques which encourage rapid
infiltration, e.g. sand and gravel under impervious materials with
adjacent infiltration swales graded to lead into them.
7. Install berms, water bars, or terraces which temporarily detain water
before dispersing it into pervious area.
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4. Impervious surface coverage of lots must not exceed the following
percentages of lot area:
NE RD GD R
Single Family Residential 30% 30% 30% 30%
Two Family/Duplex 30% 30% 30% 30%
Triplex/Quad/Townhomes 35% 35% 35% 35%
Commercial/Industrial 60% 60% 60% 60%
5. Medium density residential,commercial, and industrial structures, parking
areas, and other facilities shall be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased
setbacks, or color, assuming summer, leaf -on conditions. Vegetative and
topographic screening shall be preserved, if existing, or may be required to
be provided.
6. Accessory structures and facilities shall meet the required principal structure
setback and shall be centralized.
7. Multiple family developments shall contain open space meeting the
following criteria:
a. At least thirty-five (35) percent of the total development area shall be
preserved as open space.
b. Dwelling units or sites, land covered by road surfaces, parking areas, or
structures are developed areas and shall not be included in the
computation of minimum open space.
c. Open space shall include areas with physical characteristics unsuitable
for development in their natural state, and areas containing significant
historic sites or unplatted cemeteries.
d. The shore impact zone, based on normal structure setbacks, shall be
included as open space. At least fifty (50) percent of the shore impact
zone area of existing developments or at least seventy (70) percent of the
shore impact zone area of new developments shall be preserved in its
natural or existing state.
8. Residential subdivisions exceeding those permitted by the lot area standards
of Section 1102.07 can only be allowed if designed and approved as a
residential planned unit development under Section 1102.13 of this
Ordinance.
Subd. 2. Placement, Design, and Height of Structures.
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A. Placement of Structures on Lots. When more than one setback applies to a site,
structures and facilities must be located to meet all setbacks. Where structures exist on
the adjoining lots on both sides of a proposed building site, structure setbacks may be
altered without a variance to conform to the adjoining setbacks from the ordinary high
water level, provided the proposed building site is not located in a shore impact zone.
Structures shall be located as follows.
1. Structure and On-site Sewage System Setbacks (in feet) from Ordinary
High Water Level.
Sewage
Classes of Structures Treatment
Public Waters Unsewered Sewered System
Lakes
Natural Environment 150 100 150
Recreational Development 100 100 100
General Development 75 50 75
Rivers and Streams 100 50 75
One water -oriented accessory structure exclusive of one dock and lake access
per individual lot, designed in accordance with Section 1102.07, Subd. 2B of
this ordinance may be set back a minimum distance of ten (10) feet from the
ordinary high water level.
2. Additional Structure Setbacks. The following additional structure setbacks
apply, regardless of the classification of the water body:
Setback From: Setback (in feet)
a. top of bluff 30
b. unplatted cemetery; 50
c. right-of-way line of federal, state, 40
or county highway; and
d. right-of-way line of a town road,
public street or other roads or streets
not classified.
30
3. Uses Without Water -oriented Needs. Uses without water -oriented needs
must be substantially screened from view from the water by vegetation or
topography, assuming summer, leaf -on conditions.
4. Exceptions to Structure Setback Requirements.
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a. Setback requirements from the ordinary high water mark shall not apply
to boathouses, piers, and docks. Boathouses may be allowed provided
they are not used for habitation and do not contain sanitary facilities.
b. In those cases where there are existing adjacent structures which have a
setback of less than 50 feet, the setback for new structures shall be equal
to the average of the setbacks for the existing adjacent structures. In
those cases where there is only one existing adjacent structure which has
a setback of less than fifty (50) feet, the setback for the new structure shall
be equal to the average of the setback of the existing adjacent structure
and the required 50 -foot lakeside setback.
c. Accessory structures may be located in the front yard of lakeshore
properties upon approval of a riparian lot variance.
B. Design Criteria for Structures.
1. High Water Elevations.
a. Structures must be placed with the lowest floor three feet above the
regulatory flood elevation in accordance with the Local Water
Management Plan for the City of Lino Lakes.
b. Water -oriented structures may have the lowest floor placed lower than
the elevation determined in the Local Water Management Plan if the
structure is constructed of flood -resistant materials to the elevation,
electrical and mechanical equipment is placed above the elevation and,
if long duration flooding is anticipated, the structure is built to withstand
ice action and wind -driven waves and debris.
2. Water -oriented Accessory Structures. Each lot may have one water -
oriented accessory structure not meeting the normal structure setback in
1102.07, Subd. 2A of this ordinance if this water -oriented structure complies
with the following provisions:
a. the structure or facility must not exceed ten feet in height, exclusive of
safety rails, and cannot occupy an area greater than 250 square feet.
Detached decks must not exceed eight feet above grade at any point;
b. the setback of the structure or facility from the ordinary high water level
must be at least ten (10) feet;
c. the structure or facility must be treated to reduce visibility as viewed
from public waters and adjacent shorelands by vegetation, topography,
increased setbacks or color, assuming summer, leaf -on conditions;
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d. the roof may be used as a deck with safety rails, but must not be enclosed
or used as a storage area;
e. the structure or facility must not be designed or used for human
habitation and must not contain water supply or sewage treatment
facilities; and
f. within the shoreland areas of general development and recreational
development waterbodies, water -oriented accessory structures used
solely for watercraft storage, and including storage or related boating
and water -oriented sporting equipment, may occupy an area up to 400
square feet provided the maximum width of the structure is 20 feet as
measured parallel to the configuration of the shoreline.
3. Stairways, Lifts, and Landings. Stairways and lifts are the preferred
alternative to major topographic alterations for achieving access up and
down steep slopes to shore areas. Stairways and lifts must meet the
following design requirements:
a. stairways and lifts must not exceed four feet in width on residential lots.
Wider stairways may be used for commercial properties, public open -
space recreational properties and planned development overlays;
b. landings for stairways and lifts on residential lots must not exceed 32
square feet in area. Landings larger than 32 square feet may be used for
commercial properties, public open -space recreational properties and
planned development overlays;
c. canopies or roofs are not allowed on stairways, lifts, or landings;
d. stairways, lifts, and landings may be either constructed above the ground
on posts or pilings, or placed into the ground, provided they are
designed and built in a manner that ensures control of soil erosion;
e. stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public
water assuming summer, leaf -on conditions, whenever practical; and
f. facilities such as ramps, lifts, mobility paths for physically handicapped
persons are also allowed for achieving access to shore areas, provided
that the dimensional and performance standards of subitems (1) to (5) or
complied with in addition to the requirements of Minnesota Regulations,
Chapter 1340.
4. Significant Historic Sites. No structure may be placed on a significant
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historic site in a manner that affects the values of the site unless adequate
information about the site has been removed and documented in a public
repository.
5. Steep Slopes. The Zoning Administrator must evaluate possible soil erosion
impacts and development visibility from public waters before issuing a
permit for construction of sewage treatment systems, roads, driveways,
structures, or other improvements on steep slopes. When determined
necessary, conditions must be attached to issued permits to prevent erosion
and to preserve existing vegetation screening of structures, vehicles, and
other facilities as viewed from the surface of public waters, assuming
summer, leaf -on vegetation.
C. Height of Structures. All structures in residential districts, except churches and
nonresidential agricultural structures, must meet the height restriction
requirements of the underlying zoning district.
1102.08 Nonconformities. All legally established nonconformities as of the date of this
ordinance may continue, but they will be managed according to applicable state statutes
and other regulations of the City of Lino Lakes for the subjects of alterations and additions,
repair after damage, discontinuance of use, and intensification of use; except that the
following standards will also apply in the Shoreland Overlay District.
Subdivision 1. Construction on nonconforming lots of record.
A. Lots of record in the Office of the County Recorder prior to the date of enactment
of this ordinance which do not meet the requirements of 1102.07, Subd. 1 may be
allowed as building sites without variances from lot size requirements provided:
1. such use is permitted in the underlying zoning district,
2. the lot is and has been in separate ownership from abutting lands at all times
since it became substandard,
3. the lot was created compliant with official controls in effect at the time,
4. all other dimensional requirements are complied with insofar as practical,
and
5. sewage treatment and setback requirements of this ordinance are met.
B. A variance from setback requirements must be obtained before any use or
building permit is issued for a lot. In evaluating the variance, the City Council shall
consider sewage treatment and water supply capabilities or constraints of the lot and
shall deny the variance if adequate facilities cannot be provided.
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C. If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of Section 1102.07, Subd. 1 of this
ordinance the lot must not be considered as a separate parcel of land for the purposes
of sale or development. The lot must be combined with the one or more contiguous
lots so they equal one or more parcels of land, each meeting the requirements of Section
1102.07 of this ordinance as much as possible.
Subd. 2. Additions/expansions to nonconforming structures.
A. All additions or expansions to the outside dimensions of an existing
nonconforming structure must meet the setback, height, and other requirements of this
ordinance. Any deviation from these requirements must be authorized by a variance
pursuant to 1102.04, Subd. 3.
B. Deck additions may be allowed without a variance to a structure not meeting
the required setback from the ordinary high water level if all of the following criteria
and standards are met:
1. the structure existed on the date the structure setbacks were established;
2. a thorough evaluation of the property and structure reveals no reasonable
location for a deck meeting or exceeding the existing ordinary high water
level setback of the structure;
3. the deck encroachment toward the ordinary high water level does not exceed
15 percent of the existing setback of the structure from the ordinary high
water level or does not encroach closer than 30 feet, whichever is more
restrictive; and
4. the deck is constructed primarily of wood, and is not roofed or screened.
Subd. 3. Nonconforming sewage treatment systems.
A. A sewage treatment system not meeting the requirements of Section 1102.11 of
this ordinance must be upgraded, at a minimum, at any time a permit or variance of
any type is required for any improvement on, or use of, the property. For the purposes
of this provision, a sewage treatment system shall not be considered nonconforming
if the only deficiency is the sewage treatment system's improper setback from the
ordinary high water level.
B. The governing body of the City of Lino Lakes has by formal resolution notified
the commissioner of its program to identify nonconforming sewage treatment systems.
The City of Lino Lakes will require upgrading or replacement of any nonconforming
system identified by this program within a reasonable period of time which will not
exceed 2 years. Sewage systems installed according to all applicable local shoreland
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management standards adopted under Minnesota Statues, section 105.458, in effect at
the time of installation may be considered as conforming unless they are determined
to be failing, except that systems using cesspools, leaching pits, seepage pits, or other
deep disposal method, or systems with less soils treatment area separation above
groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080
for design of on-site sewage treatment systems shall be considered nonconforming.
1102.09 Shoreland Alterations. Alterations of vegetation and topography in the
Shoreland Overlay District will be regulated to prevent erosion into public waters, fix
nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping,
and protect fish and wildlife habitat.
Subdivision 1. Vegetation Alterations.
A. Vegetation alteration necessary for the construction of structures, sewage
treatment systems, uses permitted in the underlying zoning district and the
construction of roads and parking areas regulated by 1102.09, Subd. 3 of this ordinance
are exempt from the vegetation alteration standards that follow.
B. Removal or alteration of natural vegetation, except for agricultural and forest
management uses as regulated in Section 1102.10, shall be restricted to prevent erosion
into protected waters, to consume nutrients in the soil, and to preserve shoreland
aesthetic. Removal of natural vegetation in the Shoreland Overlay District is allowed
subject to the following standards:
1. Clear cutting of natural vegetation is prohibited.
2. Limited clearing of trees and shrubs and cutting, pruning, and trimming of
trees is allowed to provide a view to the water from the principal dwelling
site and to accommodate the placement of stairways and landings, picnic
areas, access paths, beach and watercraft access areas, and permitted water -
oriented accessory structures or facilities, provided that:
a. the screening of structures, vehicles, or other facilities as viewed from the
water, assuming summer, leaf -on conditions, is not substantially
reduced;
b. along rivers, existing shading of water surfaces is preserved;
c. the above provision is not applicable to the removal of trees, limbs, or
branches that are dead, diseased, or pose safety hazards.
3. Natural vegetation shall be restored insofar as feasible after any construction
project is completed to retard surface runoff and soil erosion.
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1/5/95
4. The provisions of this section shall not apply to permitted uses which
normally require the removal of natural vegetation.
Subd. 2. Topographic Alterations/Grading and Filling.
A. Grading, filling and excavations necessary for the construction of structures,
sewage treatment systems, driveways and other uses permitted in the underlying
zoning district under validly issued construction permits for these facilities do not
require the issuance of a separate grading and filling permit. However, the grading
and filling standards in this Section must be incorporated into the issuance of permits
for construction of structures, sewage treatment systems and driveways.
B. Public roads and parking areas are regulated by Section 1102.09, Subd. 3 of this
ordinance.
C. Notwithstanding Items A and B above, a grading and filling permit» :*
r
dar a +i t Section 4` Subd.:: ::bf::the:C�:.:.:.> on 3rdinanc < will be required for:
1. the movement of more than ten (10) cubic yards of material on steep slopes
or within the shore impact zone; and
2. the movement of more than 50 cubic yards of material per acre.
D. The following considerations and conditions must be adhered to during the
issuance of construction permits, grading and filling permits, conditional use permits,
variances and subdivision approvals:
1. Grading or filling in any wetland must be evaluated to determine the extent
of impact to the functions and values of the wetland area in accordance with
Section 1104 of the City Code. This evaluation must also include a
determination of whether the wetland alteration being proposed requires
permits, reviews, or approvals by other local, state, or federal agencies such
as a watershed district, a local governmental unit, the Minnesota Department
of Natural Resources, or the United States Army Corps of Engineers. The
applicant will be so advised.
2. Alterations must be designed and conducted in a manner that ensures only
the smallest amount of bare ground is exposed for the shortest time possible.
Mulches or similar materials must be used, where necessary, for temporary
bare soil coverage, and a permanent vegetation cover must be established as
soon as possible;
3. Methods to minimize soil erosion and to trap sediments before they reach
any surface water feature must be used. Altered areas must be stabilized to
acceptable erosion control standards consistent with the field office technical
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guides of the Anoka County Soil and Water Conservation District and the
United States Soil Conservation Service;
4. Fill or excavated material must not be placed in a manner that creates an
unstable slope. Plans to place fill or excavated material on steep slopes must
be reviewed by qualified professionals for continued slope stability and
must not create finished sloped of 30 percent or greater;
5. Any alterations below the ordinary high water level of the waterbodies
described in 1002.05, Subd. 1B must first be authorized by the Commissioner
under Minnesota Statutes, Section 105.42;
6. Alterations of topography must only be allowed if they are necessary to
allow a defined permitted accessory or conditional use within the
underlying zoning district and do not adversely affect adjacent or nearby
properties; and
7. Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the finished slope
does not exceed three feet horizontal to one foot vertical, the landward extent
of the riprap is within ten feet of the ordinary high water level, and the
height of the riprap above the ordinary high water level does not exceed
three feet.
E. Connections to public waters. Excavations where the intended purpose is
connection to a public water, such as boat slips, canals, lagoons, and harbors, must be
controlled by local shoreland controls. Permission for excavations may be given only
after the Commissioner has approved the proposed connection to public waters.
Subd. 3. Placement And Design of Roads, Driveways, and Parking Areas.
A. Public and private roads and parking areas must be designed to take advantage
of natural vegetation and topography to achieve maximum screening from view from
public waters. Documentation must be provided by a qualified individual that all
roads and parking areas are designed and constructed to minimize and control erosion
to public waters consistent with the Lino Lakes Local Water Management Plan.
B. Roads, driveways, and parking areas must meet structure setbacks and must not
be placed within shore impact zones when other reasonable and feasible placement
alternatives exist. If no alternatives exist, they may be placed within these areas, and
must be designed to minimize adverse impacts.
C. Public and private watercraft access ramps, approach roads, and access -related
parking areas may be placed within shore impact zones provided the vegetative
screening and erosion control conditions of this subpart are met. For private facilities,
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the grading and filling provisions of 1102.09, Subd 2 of this ordinance must be met.
Subd. 4. Stormwater Management.
A. Impervious surface coverage of lots must not exceed the impervious surface
percentage of lot area outlined in Section 1102.07 C4 of this ordinance.
B. When possible, existing natural drainageways, wetlands and vegetated soil
surfaces must be used to convey, store, filter, and retain stormwater runoff before
discharge to public waters.
C. Development must be planned and conducted in a manner that will minimize
the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay
runoff volumes. Disturbed areas must be stabilized and protected as soon as possible
and facilities or methods used to retain sediment on the site.
D. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural
features and vegetation, various types of constructed facilities such as diversions,
settling basins, skimming devices, dikes, waterways, and ponds may be used.
Preference must be given to designs using surface drainage, vegetation, and infiltration
rather than buried pipes and man-made materials and facilities. Residential,
commercial and industrial subdivisions and site plans shall provide for the collection
and treatment of storm water in compliance with the City Storm Water Management
Plan if determined that the site improvements will result in increased runoff directly
entering a public water. All grading and drainage plans shall require review and
approval by the City Engineer and the Rice Creek Watershed District.
E. When constructed facilities are used for stormwater management,
documentation must be provided by a qualified individual that they are designed and
installed consistent with the Lino Lakes Local Water Management Plan.
F. Newly constructed stormwater outfalls to public waters must provide for
filtering or settling of suspended solids and skimming of surface debris before
discharge.
1102.10 Special Provisions for Commercial, Industrial, Public/Semipublic,
Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals
and Peat.
Subdivision 1. Standards for Commercial, Industrial, Public and Semipublic Uses.
Surface water -oriented commercial uses and industrial, public, or semipublic uses with
similar needs to have access to and use of public waters may be located on parcels or lots
with frontage on public waters. Those uses with water -oriented needs must meet the
following standards:
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A. in addition to meeting impervious coverage limits, setbacks, and other zoning
standards in this ordinance, the uses must be designed to incorporate topographic and
vegetative screening of parking areas and structures;
B. uses that require short-term watercraft mooring for patrons must centralize these
facilities and design them to avoid obstructions of navigation and to be the minimum
size necessary to meet the need; and
C. uses that depend on patrons arriving by watercraft may use signs and lighting
to convey needed information to the public, subject to the following standards:
1. No advertising signs or supporting facilities for signs may be placed in or
upon public waters. Signs conveying information or safety messages may
be placed in or on public waters by a public authority or under a permit
issued by the Anoka County Sheriff;
2. Signs may be placed, when necessary, within the shore impact zone if they
are designed and sized to be the minimum necessary to convey needed
information. They must only convey the location and name of the
establishment and the general types of goods or services available. The signs
must not contain other detailed information such as product brands and
prices, must not be located higher than ten feet above the ground, and must
not exceed 32 square feet in size. If illuminated by artificial lights, the lights
must be shielded or directed to prevent illumination out across public
waters; and
3. Other outside lighting may be located within the shore impact zone or over
public waters if it is used primarily to illuminate potential safety hazards
and is shielded or otherwise directed to prevent illumination out across
public waters. This does not preclude use of navigational lights.
Subd. 2. Agriculture Use Standards.
A. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod
farming, and wild crop harvesting are permitted uses if steep slopes and shore impact
zones are maintained in permanent vegetation or operated under an approved
conservation plan consistent with the Lino Lakes Local Water Management Plan, as
provided by a qualified individual or agency. The shore impact zone for parcels with
permitted agricultural land uses is equal to a line parallel to and 50 feet from the
ordinary high water level.
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B. Animal feedlots must meet the following standards:
1. new feedlots must not be located in the shoreland of watercourses and must
meet a minimum setback of 300 feet from the ordinary high water level of all
public waters basins; and
2. modifications or expansions to existing feedlots that are located within 300
feet of the ordinary high water level are allowed if they do not further
encroach into the existing ordinary high water level setback.
Subd. 3. Forest Management Standards. The harvesting of timber and associated
reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint
Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest
Management "Best Management Practices in Minnesota."
Subd. 4. Extractive Use Standards.
A. Site Development and Restoration Plan. An extractive use site development
and restoration plan must be developed, approved, and followed over the course of
operation of the site. The plan must address dust, noise, possible pollutant discharges,
hours and duration of operation, and anticipated vegetation and topographic
alterations. It must also identify actions to be taken during operation to mitigate
adverse environmental impacts, particularly erosion, and must clearly explain how the
site will be rehabilitated after extractive activities end.
B. Setbacks for Processing Machinery. Processing machinery must be located
consistent with setback standards for structures from ordinary high water levels of
public waters.
Subd. 5. Mining of Metallic Minerals and Peat. Mining of metallic minerals and
peat, as defined in Minnesota Statutes, section 93.44 to 93.51, shall be a permitted use
provided the provisions of Minnesota Statutes, section 93.44 to 93.51 are satisfied.
1102.11 Water Supply and Sewage Treatment
Subdivision 1. Water Supply. Any public or private supply of water for domestic
purposes must meet or exceed standards for water quality of the Minnesota Department
of Health and the Minnesota Pollution Control Agency.
Subd. 2. Sewage treatment. Any premises used for human occupancy must be
provided with an adequate method of sewage treatment as follows:
A. Publicly -owned sewer systems must be used in accordance with Chapter 402 of
the City Code. Any buildings used for human habitation or human occupancy,
including businesses, located on property adjacent to a sewer main, or in a block
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DRAFT 1/5/95
through which the system extends, shall be connected to the municipal sanitary sewer
system. Existing buildings must be connected to newly established public sewer
systems within one year from the time a connection is available to any such property.
B. All private sewage treatment systems must meet or exceed the Minnesota
Pollution Control Agency's standards for individual sewage treatment systems
contained in the document titled, "Individual Sewage Treatment Systems Standards,
Chapter 7080", a copy of which is hereby adopted by reference and declared to be a
part of this ordinance.
C. On-site sewage treatment systems must be set back from the ordinary high water
level in accordance with the setbacks contained in 1002.07 of this ordinance.
D. All proposed sites for individual sewage treatment systems shall be evaluated
in accordance with the criteria in subitems 1-4. If the determination of a site's
suitability cannot be made with publicly available, existing information, it shall then
be the responsibility of the applicant to provide sufficient soil borings and percolation
tests from on-site field investigations.
Evaluation criteria:
1. depth to the highest known on calculated ground water table or bedrock;
2. soil conditions, properties and permeability;
3. slope; and
4. the existence of lowlands, local surface depressions, and rock outcrops.
E. Nonconforming sewage treatment systems shall be regulated and upgraded in
accordance with section 1102.08, Subd. 3 of this ordinance.
1102.12 Subdivision/Platting Provisions
Subdivision 1. Land suitability. Each lot created through subdivision, including
planned development overlays authorized under 1102.13 of this ordinance, must be
suitable in its natural state for the proposed use with minimal alteration. Suitability
analysis by the City Council shall consider susceptibility to flooding, existence of wetlands,
soil and rock formations with severe limitations for development, severe erosion potential,
steep topography, inadequate water supply or sewage treatment capabilities, near -shore
aquatic conditions unsuitable for water-based recreation, important fish and wildlife
habitat, presence of significant historic sites, or any other feature of the natural land likely
to be harmful to the health, safety, or welfare of future residents of the proposed
subdivision or of the community.
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Subd. 2. Consistency with other controls. Subdivisions must conform to all official
controls of this community. A subdivision will not be approved where a later variance
from one or more standards in official controls would be needed to use the lots for their
intended purpose. In areas not served by publicly owned sewer and water systems, a
subdivision will not be approved unless domestic water supply is available and a sewage
treatment system consistent with Sections 1102.07, Subd. 2 and 1102.11 can be provided for
every lot. Each lot shall meet the minimum lot size and dimensional requirements of
Section 1102.07, Subd. 1 including at least a minimum contiguous lawn area, that is free
of limiting factors sufficient for the construction of two standard soil treatment systems.
Lots that would require use of holding tanks shall not be approved.
1102.13 Planned Development Overlay District
Subdivision 1. Types of PDO's Permissible. Shoreland Planned Development
Overlays as defined in Section 1102.03 of this Ordinance are allowed for new projects on
undeveloped land, redevelopment of previously built sites, or conversions of existing
buildings and land.
Subd. 2. Processing of Shoreland PDO's. Planned Development Overlays shall be
processed as a conditional use permit zoning map in accordance with Section 5, Subd. 5
and Section 6, Subd. 20 of the Lino Lakes Zoning Ordinance as well as the performance
standards outlined herein.
Subd. 3. Application for a PDO. The applicant for a PDO must submit the following
documents in addition to documents required by Section 6, Subd. 5 of the Lino Lakes
Zoning Ordinance, prior to final action being taken on the application request:
A. A site plan and/or plat for the project showing locations of property boundaries,
surface water features, existing and proposed structures and other facilities, land
alterations, sewage treatment and water supply systems where public systems will not
be provided, and topographic contours at ten (10) foot intervals or less. When a PDO
is a combined commercial and residential development, the site plan and/or plat must
indicate and distinguish which buildings and portions of the project are residential,
commercial or a combination of the two.
B. A property owners association agreement (for residential PDO's) with
mandatory membership, and all in accordance with the requirements of Section
1102.13, Subd. 6 of this ordinance.
C. Deed restrictions, covenants, permanent easements or other instruments that:
1. properly address future vegetative and topographic alterations, construction
of additional buildings, beaching of watercraft, and construction of
commercial buildings in residential PDO's; and
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2. ensure the long-term preservation and maintenance of open space in
accordance with the criteria and analysis specified in Section 1102.13, Subd.
6 of this ordinance.
D. When necessary, a master plan/drawing describing the project and the floor
plan for all commercial structures to be occupied.
E. Those additional documents as requested by the City of Lino Lakes that are
necessary to explain how the PDO will be designed and will function.
Subd. 4. Site "Suitable Area" Evaluation. Suitable area for development within a
shoreland planned overlay districts (PDOs) shall exclude all wetland, watercourses, land
below the ordinary high water level of public waters, public street rights-of-way, and
public parks. This suitable area and the proposed project are subject to PDO performance
standards governing density and design.
A. All PDOs must have access to public sanitary sewer and water.
B. Lot area and width standards.
1. Residential (R-3, R-4 Zoning Districts)
NE RD GD T
a. Lot Area:
Townhomes 5,000 5,000 5,000 5,000
Apartments/
Condominiums 2,900 2,900 2,900 2,900
b. Lot Width:
Townhomes 150 130 130 130
Apartments/
Condominiums 150 130 130 130
c. Setbacks:
1. OHWL 200 feet
2. Setback from Streets:
a. Right -of -Way Line of Federal,
State or County Highway 40 feet
b. Local Street 30 feet
3. Side Yard Setback 20 feet
4. Setback Between Buildings on
Multiple Building Site 35 feet
5. Bluff Setback 50 feet
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C. Maintenance and Administration Requirements.
1. Before final approval of a planned development overlay, adequate
provisions must be developed for preservation and maintenance in
perpetuity of open spaces and for the continued existence and functioning
of the development.
2. Open Space Preservation. Deed restrictions, covenants, permanent
easements, public dedication and acceptance, or other equally effective and
permanent means must be provided to ensure long-term preservation and
maintenance of open space. The instruments must include all of the
following protections:
a. Commercial uses prohibited (for residential PUD's).
b. Vegetation and topographic alterations other than routine maintenance
prohibited.
c. Construction of additional buildings or storage of vehicles and other
materials prohibited.
d. Uncontrolled beaching of watercraft prohibited.
3. Development Organization and Functioning. Unless an equally effective
alternative community framework is established, when applicable, all
residential planned unit developments must use an owners associated with
the following features:
a. Membership must be mandatory for each dwelling unit or site purchaser
and any successive purchasers.
b. Each member must pay a pro rata share of the association's expenses, and
unpaid assessments can become liens on units or sites.
c. Assessments must be adjustable to accommodate changing conditions.
d. The association must be responsible for insurance, taxes, and
maintenance of all commonly owned property and facilities.
D. Open Space Requirements. Planned development overlays must contain open
space meeting off of the following criteria:
1. At least fifty (50) percent of the total project area must be preserved as open
space.
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DRAFT 1/5/95
2. Dwelling units or sites, road rights-of-way, or land covered by road surfaces,
parking areas, or structures, except water -oriented accessory structures or
facilities are developed areas and shall not be included in the computation
of minimum open space.
3. Open space must include areas with physical characteristics unsuitable for
development in their natural state, and areas containing significant historic
sites or unplatted cemeteries.
4. Open space may include outdoor recreational facilities for use by owners of
dwelling units or sites, by guests staying in commercial dwelling units or
site, and by the general public.
5. Open space must not include commercial facilities or uses, but may contain
water -oriented accessory structures or facilities.
6. The appearance of open space areas, including topography, vegetation, and
allowable uses, must be preserved by use of restrictive deed covenants,
permanent easements, public dedication and acceptance, or other equally
effective and permanent means.
7. The shore impact zone, based on normal structure setbacks, must be
included as open space. For residential PDO's, at least fifty (50) percent of
the shore impact zone area of existing developments or at least seventy (70)
percent of the shore impacts zone area of new developments must be
preserved in its natural or existing state. For commercial PDO's, at least fifty
(50) percent of the shore impact zone must be preserved in its natural state.
E. Erosion Control and Stormwater Management. Erosion control and
stormwater management plans must be developed and the PDO must:
1. Be designed, and the construction managed, to minimize the likelihood of
serious erosion occurring either during or after construction. This must be
accomplished by limiting the amount and length of time or bare ground
exposure. Temporary ground covers, sediment entrapment facilities,
vegetated buffer strips, or other appropriate techniques must be used to
minimize erosion impacts on surface water features. Erosion control plans
must be in accordance with the Lino Lakes Local Water Management Plan
and approved by the City Council.
2. Be designed and constructed to effectively manage reasonably expected
quantities and qualities of stormwater runoff. Impervious surface coverage
within any tier must not exceed twenty-five (25) percent of the tier area,
except that for commercial PDO's thirty -fie (35) percent impervious surface
coverage may be allowed in the first tier of general development lakes with
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an approved stormwater management plan and consistency with Section
1102.09.
F. Centralization and Design of Facilities. Centralization and design of facilities
and structures must be done according to the following standards:
1. Planned development overlays must be connected to publicly owned water
supply and sewer systems.
2. Dwelling units or sites must be clustered into one or more groups and
located on suitable areas of the development. They must be designed and
located to meet or exceed the following dimensional standards for the
relevant shoreland classification, setback from the ordinary high water level,
elevation above the surface water features, and maximum height.
3. Shore recreation facilities, including but not limited to swimming areas,
docks, and watercraft mooring areas and launching ramps, must be
centralized and located in areas suitable for them. Said shared lake access
must be approved by the City Council. Evaluation of suitability must
include consideration of land slope, water depth, vegetation, soils, depth to
groundwater and bedrock, or other relevant factors. The number of spaces
provided for continuous beaching, mooring, or docking of watercraft must
not exceed one (1) for each allowable dwelling unit or site in the first tier
(notwithstanding existing mooring sites in an existing commercially used
harbor). Launching ramp facilities including a small dock for lading and
unloading equipment, may be provided for use by occupants of dwelling
units or sites located in other tiers.
4. Structures, parking areas, and other facilities must be treated to reduce
visibility as viewed form public waters and adjacent shorelands by
vegetation, topography, increased setbacks, color, or other means acceptable
to the City Council, assuming summer, leaf -on conditions. Vegetative and
topographic screening must be preserved, if existing, or may be required to
be provided.
5. Accessory structures and facilities, except water -oriented accessory
structures, must meet the required principal structural setbacks and must be
centralized.
6. Water -oriented accessory structures and facilities may be allowed if they
meet or exceed design standards contained in Section 1102.07, Subd. 2 of this
ordinance and are centralized.
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Subd. 7. Conversions. The City of Lino Lakes may allow existing resorts or other
land uses and facilities to be converted to residential planned unit developments if all of
the following standards are met:
A. Proposed conversions must be initially evaluated using the same procedures for
residential planned development overlays involving all new construction.
Inconsistencies between existing features of the development and these standards must
be identified.
B. Deficiencies involving water supply and sewage treatment, structure color,
impervious coverage, open space, and shore recreation facilities must be corrected as
part of the conversion or as specified in the conditional use permit.
C. Shore impact zone deficiencies must be evaluated and reasonable improvements
made as part of the conversion. These improvements must include, where applicable,
the following:
1. Removal of extraneous buildings, docks, or other facilities that no longer
need to be located in shore impact zones.
2. Remedial measures to correct erosion sites and improve vegetative cover and
screening of buildings and other facilities as viewed from the water.
3. If existing dwelling units are located in shore impacts zones, conditions shall
be attached to approvals of conversions that preclude exterior expansions in
any dimension or substantial alterations. The conditions must also provide
for future relocation of dwelling units, where feasible, to other locations,
meeting all setback and elevation requirements when they are rebuilt or
replaced.
D. Existing dwelling unit or dwelling site densities that exceed standards in Section
1102.13, Subd. 5 may be allowed to continue but must not be allowed to be increased,
either at the time of conversion or in the future. Efforts must be made during the
conversion to limit impacts of high densities by requiring seasonal use, improving
vegetative screening, centralizing shore recreation facilities, installing new sewage
treatment systems, or other means.
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Effective Date. This ordinance will take effect and be in force after its passage and
official publication.
PASSED by the City Council of the City of Lino Lakes this day of
, 1995.
ATTEST;
City Clerk
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