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HomeMy WebLinkAbout2018-005 Council Ordinances I d 1-60to rJer ° 22 2019 1ST Reading: June 11 2 01 8 Publication: july 10, 2018 2na Reading: -juneEffective: August 9, 2018 CITY OF LINO LAKES ORDINANCE NO. 05-18 ORDINANCE TO REZONE PROPERTY FROM R-1, SINGLE FAMILY RESIDENTIAL TO PUD, PLANNED UNIT DEVELOPMENT FOR NATURE'S REFUGE The City Council of Lino Lakes ordains: Section l: Findings of Fact 1. The City received a Land Use Application to rezone certain property from R-1, Single Family Residential to PUD, Planned Unit Development. 2. The Planning and Zoning Board held a public hearing on February 14, 2018 and continued the hearing to May 9, 2018. 3. Per Section 1007.015 (5), the Planning and Zoning Board shall consider possible adverse effects of the proposed rezoning and its judgement shall be based upon, but not limited to, the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed Nature's Refuge PUD conservation subdivision is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development upholds the City's public values by creating a multi functional open space greenway corridor integrated with the stormwater conveyance system, wetland management and trails. Nature's Refuge is consistent with residential land use and density requirements. Safe transportation corridors and public utilities also serve the development. (b) The proposed use is or will be compatible with present and future land uses of the area. The proposed Nature's Refuge development is compatible with the present and future land uses of the area. Existing and future land use to the north, south, east and west is residential. Lino Lakes Elementary School is immediately east of the site. (c) The proposed use conforms with all performance standards contained herein. 1 The proposed Nature's Refuge development conforms with all PUD performance standards as outlined in Section 1007.024(2) General Requirements and Standards: 1. Ownership. Preferred Builders, Inc. is the owner of the property. 2. Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. The proposed Nature's Refuge residential development is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development upholds the City's public values by creating a multi functional open space greenway corridor integrated with the stormwater conveyance system, wetland management and trails. Nature's Refuge is compatible with existing and adjacent land uses. Safe transportation corridors and public utilities also serve the development. 3. Public or Common Open Space. Wetlands and wetland buffers make up 57 acres (60%) of protected open space. A park trail system is also proposed throughout the greenway corridor and along CSAH 14 (Main Street). 4. Operating and Maintenance Requirements for PUD Common Open Space/Facilities. A homeowners association shall be created and Declaration of Covenants and Conditions shall be recorded against the property at the time of final plat. Trail corridors will be deeded to the City. Drainage & utility easements and conservation easements will be dedicated to the City and/or RCWD. 5. Utilities. Public municipal utilities (water and sanitary) shall serve each individual single family lot. 6. Roadways, Private. There are no private roadways proposed in Nature's Refuge. 7. Development Agreement. A Development Agreement detailing developer responsibilities and securities will be executed with the final plat. 2 (d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed Nature's Refuge development can be accommodated with existing public services and will not overburden the City's service capacity. The site is ultimately served by MCES Interceptor 83-61 that is adequately sized for the development in the district. The existing water supply and water distribution system can provide adequate water volume and fire protection. Section 2: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the following described property from R-1, Single Family Residential to PUD, Planned Unit Development. Section 3: Legal Description PARCEL DESCRIPTION: (Per Schedule A of Title Commitment LT File No. 550831, with a commitment date of January 24, 2017 at 8:00 A.M., prepared by Land Title, Inc. issuing agent for First American Title Insurance Company) Parcel A: The Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section 5, Township 31, Range 22, except the South 208.74 feet of the East 208.74 feet thereof, Anoka County, Minnesota. (Abstract property) Parcel B: The Southwest Quarter of the Southeast Quarter of Section 5, Township 31, Range 22, Anoka County, Minnesota. Except the following described tracts: 1. Beginning at the Southeast corner of the said Section 5, thence North along East line thereof for 33 feet,thence West parallel to South line thereof for 2,219 feet to the actual point of beginning; thence continuing West on same course for 135 feet; thence North 3 degrees 26 minutes East for 242 feet; thence East parallel to described 1 st course for 135 feet; thence South parallel to described 2nd course for 242 feet and to the actual point of beginning. 2. Beginning at the Southwest corner of said Southwest Quarter of Southeast Quarter; thence North along West line thereof a distance of 275 feet; thence East parallel with South line thereof a distance of 100 feet; thence South parallel with said West line a distance of 275 feet to said South line; thence West along said South line for a distance of 100 feet to the actual point of beginning. 3. Commencing at Southeast corner of said Southwest Quarter of Southeast Quarter; thence North along the East line thereof for a distance of 233 feet; thence West parallel to the South line thereof for a distance of 100 feet; thence South parallel to described 1 st course 233 feet and to the South line of said Southwest Quarter of Southeast Quarter; thence East along said South line to the point of beginning. 3 4. That part of the Southeast Quarter of Section 5, Township 31, Range 22, Anoka County, Minnesota, described as commencing at the Southeast corner thereof, thence Northerly along the East line thereof for 33.00 feet; thence on an assumed bearing of North 89 degrees 19 minutes 35 seconds West and parallel with the South line of said Southeast Quarter for 2219.00 feet to the actual point of beginning; thence North 4 degrees 06 minutes 25 seconds East 242.00 feet; thence South 74 degrees 11 minutes 56 seconds East 204.14 feet; thence South 4 degrees 06 minutes 25 seconds West a distance of 221.68 feet to the South line of said Southeast Quarter; thence North 89 degrees 19 minutes 35 seconds West along said South line a distance of 200.27 feet to its intersection with a line that bears South 4 degrees 06 minutes 25 seconds West from the point of beginning; thence North 4 degrees 06 minutes 25 seconds East a distance of 33.05 feet to the point of beginning. 5. Parcel 13, Anoka County Highway Right of Way Plat No. 25 according to the map or plat thereof on file and of record in the office of the Anoka County Recorder. Parcel C: The South half of the Northwest Quarter of the Southeast Quarter of Section 5, Township 31, Range 22, Anoka County, Minnesota. (Abstract Property) Section 4: Development Regulations The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 18-70. Section 5: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon the filing of the final plat. Adopted by the Lino Lakes City Council this 25th day of June, 2018. The motion for the adoption of the foregoing ordinance was introduced by Council Member Manthey and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Manthey, Maher, Rafferty, Stoesz, Rein The following voted against same: none Jeff Reinert, o ATTEST: u anne Bartell, ty Cler 4 Record ID 4142771 ' TY _ 1 2207546 . 010 L CITY OF LINO LAKES CERTIFICATION ORDINANCE NO. 05-18 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 1, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Ordinance No. 05-18, Rezoning Property from Single Family Residential to Planned Unit Development for Nature's Refuge Subdivision., passed by the City Council on June 25, 2018, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on August 22, 2018. City Cler 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 I"Reading: June 11 2018 Publication: July 10, 2018 2nd Reading: Effective: August 9, 2018 CITY OF LINO LAKES ORDINANCE NO. 05-18 ORDINANCE TO REZONE PROPERTY FROM R-1, SINGLE FAMILY RESIDENTIAL TO PUD, PLANNED UNIT DEVELOPMENT FOR NATURE'S REFUGE The City Council of Lino Lakes ordains: Section l: Findings of Fact 1. The City received a Land Use Application to rezone certain property from R-1, Single Family Residential to PUD, Planned Unit Development. 2. The Planning and Zoning Board held a public hearing on February 14, 2018 and continued the hearing to May 9, 2018. 3. Per Section 1007.015 (5), the Planning and Zoning Board shall consider possible adverse effects of the proposed rezoning and its judgement shall be based upon, but not limited to, the following factors: (a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed Nature's Refuge PUD conservation subdivision is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development upholds the City's public values by creating a multi functional open space greenway corridor integrated with the stormwater conveyance system, wetland management and trails. Nature's Refuge is consistent with residential land use and density requirements. Safe transportation corridors and public utilities also serve the development. (b) The proposed use is or will be compatible with present and future land uses of the area. The proposed Nature's Refuge development is compatible with the present and future land uses of the area. Existing and future land use to the north, south, east and west is residential. Lino Lakes Elementary School is immediately east of the site. (c) The proposed use conforms with all performance standards contained herein. 1 The proposed Nature's Refuge development conforms with all PUD performance standards as outlined in Section 1007.024(2) General Requirements and Standards: 1. Ownership. Preferred Builders, Inc. is the owner of the property. 2. Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. The proposed Nature's Refuge residential development is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development upholds the City's public values by creating a multi-functional open space greenway corridor integrated with the stormwater conveyance system, wetland management and trails. Nature's Refuge is compatible with existing and adjacent land uses. Safe transportation corridors and public utilities also serve the development. 3. Public or Common Open Space. Wetlands and wetland buffers make up 57 acres (60%) ofprotected open space. A park trail system is also proposed throughout the greenway corridor and along CSAH 14 (Main Street). 4. Operating and Maintenance Requirements for PUD Common Open Space/Facilities. A homeowners association shall be created and Declaration of Covenants and Conditions shall be recorded against the property at the time of final plat. Trail corridors will be deeded to the City. Drainage & utility easements and conservation easements will be dedicated to the City and/or RCWD. 5. Utilities. Public municipal utilities (water and sanitary) shall serve each individual single family lot. 6. Roadways, Private. There are no private roadways proposed in Nature's Refuge. 7. Development Agreement. A Development Agreement detailing developer responsibilities and securities will be executed with the final plat. 2 (d) The proposed use can be accommodated'with existing public services and will not overburden the City's service capacity. The proposed Nature's Refuge development can be accommodated with existing public services and will not overburden the City's service capacity. The site is ultimately served by MCES Interceptor 83-61 that is adequately sized for the development in the district. The existing water supply and water distribution system can provide adequate water volume and fire protection. Section 2: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the following described property from R-1, Single Family Residential to PUD, Planned Unit Development. Section 3: Legal Description PARCEL DESCRIPTION: (Per Schedule A of Title Commitment LT File No. 550831, with a commitment date of January 24,2017 at 8:00 A.M.,prepared by Land Title, Inc. issuing agent for First American Title Insurance Company) Parcel A: The Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section 5, Township 31, Range 22, except the South 208.74 feet of the East 208.74 feet thereof, Anoka County, Minnesota. (Abstract property) Parcel B: The Southwest Quarter of the Southeast Quarter of Section 5, Township 31, Range 22, Anoka County, Minnesota. Except the following described tracts: 1. Beginning at the Southeast corner of the said Section 5, thence North along East line thereof for 33 feet, thence West parallel to South line thereof for 2,219 feet to the actual point of beginning; thence continuing West on same course for 135 feet; thence North 3 degrees 26 minutes East for 242 feet; thence East parallel to described 1 st course for 135 feet; thence South parallel to described 2nd course for 242 feet and to the actual point of beginning. 2. Beginning at the Southwest corner of said Southwest Quarter of Southeast Quarter; thence North along West line thereof a distance of 275 feet; thence East parallel with South line thereof a distance of 100 feet;thence South parallel with said West line a distance of 275 feet to said South line;thence West along said South line for a distance of 100 feet to the actual point of beginning. 3. Commencing at Southeast corner of said Southwest Quarter of Southeast Quarter; thence North along the East line thereof for a distance of 233 feet; thence West parallel to the South line thereof for a distance of 100 feet; thence South parallel to described 1 st course 233 feet and to the South line of said Southwest Quarter of Southeast Quarter; thence East along said South line to the point of beginning. 3 4. That part of the Southeast Quarter of Section 5, Township 31, Range 22, Anoka County, Minnesota, described as commencing at the Southeast corner thereof,thence Northerly along the East line thereof for 33.00 feet; thence on an assumed bearing of North 89 degrees 19 minutes 35 seconds West and parallel with the South line of said Southeast Quarter for 2219.00 feet to the actual point of beginning; thence North 4 degrees 06 minutes 25 seconds East 242.00 feet; thence South 74 degrees 11 minutes 56 seconds East 204.14 feet; thence South 4 degrees 06 minutes 25 seconds West a distance of 221.68 feet to the South line of said Southeast Quarter; thence North 89 degrees 19 minutes 35 seconds West along said South line a distance of 200.27 feet to its intersection with a line that bears South 4 degrees 06 minutes 25 seconds West from the point of beginning; thence North 4 degrees 06 minutes 25 seconds East a distance of 33.05 feet to the point of beginning. 5. Parcel 13, Anoka County Highway Right of Way Plat No. 25 according to the map or plat thereof on file and of record in the office of the Anoka County Recorder. Parcel C: The South half of the Northwest Quarter of the Southeast Quarter of Section 5, Township 31; Range 22, Anoka County, Minnesota. (Abstract Property) Section 4: Development Regulations The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 18-70. Section 5: Effect This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter and upon the filing of the final plat. Adopted by the Lino Lakes City Council this 25th day of June, 2018. The motion for the adoption of the foregoing ordinance was introduced by Council Member Manthey and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Manthey, Maher, Rafferty, Stoesz, Rein The following voted against same: none Jeff Reinert, o \ ATTEST: Jul anne Bartell, ty Cler 4 ANOKA COUNTY MINNESOTA _ Document No.: 2207546.010 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 08/27/2018 12:09:00 PM Feesl'Taxes In the Amount of $46.00 JONELL M. SAWYER ,Iuioka County Property Tax Administrator/Recorder,/Registrar of Titles TDD, Deputy Record ID: 4142771