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HomeMy WebLinkAbout2019-007 Council OrdinancesPt Reading: April 8, 2019 Publication: April 30, 2019 2nd Reading: At ri 1 22, 2019 Effective: may 30. 2019 CITY OF LINO LAKES ORDINANCE NO. 07-19 ORDINANCE TO REZONE PROPERTY FROM GB, GENERAL BUSINESS TO PUD, PLANNED UNIT DEVELOPMENT FOR LYNGBLOMSTEN The City Council of Lino Lakes ordains: Section 1: Findings of Fact 1. The City received a Land Use Application to rezone certain property from GB, General Business to PUD, Planned Unit Development. 2. The Planning and Zoning Board held a public hearing on February 13, 2019. 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 Lyngblomsten development is consistent with the goals and policies of the Comprehensive Plan and the Master Planning Study -Hodgson Road & CR J. (b) The proposed use is or will be compatible with present and future land uses of the area. The proposed Lyngblomsten development is compatible with the present and future land uses of the area. Existing and future land uses adjacent to the site include single family residential homes and commercial development. The proposed development transitions from existing low density single family homes to cottage homes to a senior living campus consisting of independent living, assisted living and skilled nursing facilities to restaurant and commercial use. (c) The proposed use conforms with all performance standards contained herein. The proposed Lyngblomsten development conforms with all PUD performance standards as outlined in Section 1007.024(2) General Requirements and Standards: 1. Ownership. Lyngblomsten will be the owner of the property. 2. Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. The proposed Lyngblomsten development is consistent with the goals and policies of the Comprehensive Plan and the Master Planning Study -Hodgson Road & CR J. 3. Public or Common Open Space. The cottage home neighborhood includes 4.54 acres (71%) of landscaped common open space that will be maintained by Lyngblomsten or an association. The overall development's pervious open space is 44%. 4. Operating and Maintenance Requirements for PUD Common Open Space/Facilities. A restrictive covenant or declaration shall be recorded against the property at the time of final plat detailing ownership and maintenance of the common open space/facilities. 5. Utilities. Public municipal utilities (water and sanitary) will service the entire development. 6. Roadways, Private. The cottage home neighborhood and commercial private road shall be owned and maintained by Lyngblomsten or similar entity. 7. Development Agreement. A Development Agreement detailing developer responsibilities and securities will be executed with the final plat. (d) The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The proposed Lyngblomsten development can be accommodated with existing public services and will not overburden the City's service capacity. The site is ultimately served by MCES Lift Station L69 and has substantial reserve capacity to accommodate the development in the district. The existing water supply and water distribution system can provide adequate water volume and fire protection upon looping of the system. Section 2: PUD, Planned Unit Development Zoning Requirements (1) Purpose. The Master Planning Study -Hodgson Road & CR J ("Master Plan") as approved by the City Council on February 12, 2007 by Resolution No. 07-21 is the guiding plan for development in this area. The district is being zoned PUD, Planned Unit Development in order to implement the goals of the Master Plan. (2) PUD Development Stage Plan/Preliminary Plat. Resolution No. 19-42 approving the PUD Development Stage Plan/Preliminary Plat establishes the Development's framework in regards to the following: (a) Lot and Yard Requirements (b) Height Regulations (c) Impervious Surface Coverage (d) Design Guidelines (3) Permitted Uses. No building or land shall be used, and no building shall be erected, converted or structurally altered on Lots 1-22 Block 1, Lot 1 Block 2, Outlot A, or Outlot B that is not consistent with the PUD Development Stage Plan/Preliminary Plat as approved by Resolution No. 19-42. No building or land shall be used, and no building shall be erected, converted or structurally altered on Lot 2 Block 2 and Outlot C except for one or more of the following uses: (a) Governmental or public regulated utilities, buildings, or structures necessary for the health, safety, and general welfare of the City. (b) Liquor sales — on and off sale. (c) Office business — clinic. (d) Office business — general. (e) Personal services (subject to any licensing requirements of City Code, County or State). (f) Restaurants and Brew Pubs. (g) Retail business. (h) Service business — on -site. (4) Accessory Uses. Subject to the applicable provisions of Chapter 1007: Zoning Code, the following are accessory uses: (a) Accessory structures as regulated by § 1007.043 (4)(a) of the Zoning Ordinance. (b) One (1) accessory building is permitted on either Lot 17 Block 1 or Lot 22 Block 1 as regulated by § 1007.043 (4)(a) of the Zoning Ordinance and as follows: 1. The accessory building shall not exceed two hundred (200) square feet. 2. The accessory building shall not be located within the front yard. 3. The building height shall be limited to twelve (12) feet. 4. Metal buildings and pole barns are prohibited. 5. Roof and exterior color and material shall be compatible with the principal structure. 6. A zoning or building permit is required. (c) Fences, as regulated by § 1007.043 (18) of the Zoning Ordinance. (d) Off-street loading as regulated by § 1007.045 of the Zoning Ordinance. (e) Off-street parking as regulated by § 1007.044 of the Zoning Ordinance. (f) Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or less in diameter, short -wave dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, ham radio transmitters and television receivers as regulated by § 1007.053 of the Zoning Ordinance. (g) Signs as regulated by the City sign ordinance of the City Code. (h) Home Occupation Level A as regulated by § 1007.047 of the Zoning Code are permitted on Lots 1-21 Block 1 (excluding Lot 17) and Lot 1 Block 2. (5) Conditional Uses. No building or land shall be used, and no building shall be erected, converted or structurally altered on Lots 1-22 Block 1, Lot 1 Block 2, Outlot A, or Outlot B that is not consistent with the PUD Development Stage Plan/Preliminary Plat as approved by Resolution No. 19-42. No building or land shall be used, and no building shall be erected, converted or structurally altered on Lot 2 Block 2 or Outlot C except for one or more of the following conditional uses: These uses require a conditional use permit based on the criteria and procedures outlined in § 1007.016 of the Zoning Ordinance. (a) Accessory drive -through facilities provided that: 1. Not less than one hundred twenty (120) feet of segregated automobile stacking must be provided for the single service lane. Where multiple service lanes are provided, the minimum automobile stacking may be reduced to sixty (60) feet per lane. 2. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on -site traffic circulation or access to the required parking space. 3. No part of the public street or boulevard may be used for stacking of automobiles. 4. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. 5. The drive -through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights -of - way. 6. A lighting and photometric plan will be required that illustrates the drive - through service lane lighting and shall comply with § 1007.043 (6) of the Zoning Ordinance. (b) Commercial day care facilities provided that: 1. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. 2. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of § 1007.043 (17) of the Zoning Ordinance. 3. Adequate off-street parking is provided in a location separated from any outdoor play area(s). 4. Adequate off-street loading spaces in compliance with § 1007.045 of the Zoning Ordinance. (c) Planned unit development — commercial including shopping centers as regulated by § 1007.024 of the Zoning Ordinance. (d) Private lodges and clubs provided that: 1. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in § 1007.043 (17) of the Zoning Ordinance 2. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of the Zoning Ordinance 3. Parking is screened and landscaped in compliance with requirements for business or industrial uses in § 1007.043 (17) of the Zoning Ordinance. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by § 1007.045 of the Zoning Ordinance. (e) Public, Educational, and Religious Buildings. Public or semi-public recreational buildings and neighborhood or community centers; limited to nursery, elementary, junior high and senior high schools; and religious institutions such as churches, chapels, temples, mosque, and synagogues provided that: 1. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in § 1007.043 (17) of the Zoning Ordinance. 2. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with § 1007.044 of the Zoning Ordinance 3. Parking is screened and landscaped in compliance with requirements for business or industrial uses in § 1007.043 (17) of the Zoning Ordinance. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by § 1007.045 of the Zoning Ordinance. (f) Specialty schools such as music, dance or business schools provided that: 1. Provisions are made to buffer and screen any adjoining residential uses. 2. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. (g) Residential apartments accessory to permitted or conditional uses in the PUD District provided that: 1. The apartment is located in the same building as the principal use. 2. Residential and non-residential uses are not contained on the same floor. 3. The residential and non-residential uses do not conflict in any manner. (6) Uses by Administrative Permit. Subject to applicable provisions of Chapter 1007: Zoning Code, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: (a) Personal wireless service antennas as secondary uses as regulated by § 1007.053 of the City Ordinance. (b) Home Occupation Level B as regulated by § 1007.047 of the Zoning Code are permitted on Lots 1-21 Block 1 (excluding Lot 17) and Lot 1 Block 2. (c) Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of § 1007.054 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. 1. Accessory outdoor dining or seating facilities are only allowed on Lotl Block 2, Lot 2 Block 2 and Outlot C. (d) Transient Merchants. (7) Interim Uses. Subject to applicable provisions of the Zoning Ordinance, the following are interim uses and are governed by § 1007.017 of the City Ordinance. (a) None. Section 3: Other Zoning Requirements Unless otherwise provided herein, the regulations of Chapter 1007: Zoning Code shall be in effect. Section 4: Amendment The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the following described property from GB, General Business to PUD, Planned Unit Development: PARCEL 1: All that part of Lot 5, Auditor's Subdivision No. 107, lying East of a line described as follows: Beginning at a point on the South line of Lot 6, said Subdivision, which is 54.50 feet East of the Southwest corner of said Lot 6; thence North at right angles with said South line of said Lot 6, 289.31 feet to the North line of said Lot 5 and there terminating; and lying Southerly of a line drawn parallel to the North line of said Lot 5 and 72 feet Southerly thereof, as measured along the Easterly line of said Lot 5. Anoka County, Minnesota Abstract Property PARCEL 2: All that part of Lot 5, Auditor's Subdivision No. 107, Anoka County, Minnesota, lying East of a line described as follows: Beginning at a point on the South line of Lot 6, said Subdivision, which is 54.50 feet East of the Southwest corner of said Lot 6; thence North at right angles with said South line of said Lot 6, 289.31 feet to the North line of said Lot 5 and there terminating; and lying Northerly of a line drawn parallel to the North line of said Lot 5 and 72 feet Southerly thereof, as measured along the Easterly line of said Lot 5, Anoka County, Minnesota. Anoka County, Minnesota Abstract Property PARCEL 3: That part of Lots 5 and 6, Auditor's Subdivision No. 107, lying West of the following described line: Beginning at a point on the South line of said Lot 6, 54.50 feet East of the Southwest corner of said Lot 6; thence North at a right angle to said South line 289.31 feet to the North line of said Lot 5 and said line there terminating. Excepting therefrom Parcel 21, Anoka County Highway Right -of -Way Plat No. 48. Anoka County, Minnesota Abstract Property PARCEL 4: All that part of Lot 6, Auditor's Subdivision No. 107, lying East of a line described as follows: Beginning at a point on the South line of said Lot 6 which is 54.50 feet East of the Southwest corner of said Lot 6; thence North at right angles with the South line of said Lot 6 to the North line thereof and there terminating. Excepting therefrom Parcel 22, Anoka County Highway Right -of -Way Plat No. 48. Anoka County, Minnesota Abstract Property PARCEL 5: That part of Lot 22, Auditor's Subdivision No. 107, lying Southerly of the Westerly extension of the North line of Lot 5, said Auditor's Subdivision No. 107. Excepting therefrom Parcel 20, Anoka County Highway Right -of -Way Plat No. 48. Anoka County, Minnesota Abstract Property PARCEL 6: Lot 4, Auditor's Subdivision No. 107, Anoka County, Minnesota; and That part of Lot 22, Auditor's Subdivision No.107, Anoka County, Minnesota, lying Easterly of the Westerly 50 feet thereof and lying between the Westerly extensions of the North and South lines of Lot 4, said Auditor's Subdivision No.107. Anoka County, Minnesota Abstract Property Section 5: Development Regulations The development shall conform to the plans, requirements, and conditions of approval as listed in Council Resolution No. 19-42 approving the PUD Development Stage Plan/Preliminary Plat. Section 6: 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 22°a day of April, 2019. The motion for the adoption of the foregoing ordinance was introduced by Council Member der and was duly seconded by Council Member mantheY upon vote being taken thereon, the following voted in favor t and Maher, Manthey, Rafferty, Stoesz, Reinert The following voted against same: none ATTEST: 9 Jeff Reinertl,IVl6ayor