HomeMy WebLinkAbout03/05/2012 Council Packet•
REVISED
WORK SESSION AGENDA
CITY OF LINO LAKES
Monday, March 5, 2012
CITY COUNCIL WORK SESSION
Community Room (not televised)
5:30 P.M.
1. Charter Amendment
2. 21St Avenue
3. Otter Lake Road Extension
4. Centennial Utilities Franchise Ordinance
5. Upgrade to City Website
6. City Logo
7. Weekly Progress Report
8. Residential Zoning Districts Ordinance
Review Regular Agenda
Adjourn
WS — Item 1
WORK SESSION STAFF REPORT
Work Session Item 1
Date: March 5, 2012
To: City Council
From: Michael Grochala
Re: City Charter Amendment
Background
At the February 27, 2012 special council meeting, the council discussed a proposed amendment
to the City Charter regarding the public improvement process. The amendment is based on the
proposal prepared by the Citizen Charter Task Force in 2007 and considered by the council in
March of 2008. Consideration of an amendment, based on the task force proposal, is scheduled
for the March 12, 2012 City Council meeting.
Following the February 27 discussion, staff worked with the City's legal consultant to draft a
revision that includes a reverse referendum component. A similar option was previously
included in the Charter Commission's 2008 amendment proposal. Rather than require an
election outright, as is the case under the current charter requirements, the language allows for
residents to petition for an election on the improvement. The petition would require the
signatures of 12% of the voters from the last general municipal election. The reverse referendum
provisions are contained in Section 8.02, Subdivisions 5 and 6 of the draft ordinance.
The following is a brief summary of the major elements of the ordinance:
1. Section 8.01, Subd. 1 defines local improvements as any public improvement financed in
whole or in part from special assessments. Projects that are not financed using special
assessments are not subject to charter provisions and follow state law.
2. Section 8.01, Subd. 3 states that the amount of special assessments shall not exceed the
cost of the local improvement and shall not exceed the benefit to the property.
3. Section 8.02, Subd. 1 specifies that local improvements will follow state requirements
except as specified in this charter section. Procedural steps following state law include
but are not limited to the following:
• Initiation of the improvement by either petition or city council
• Preparation of a report on improvements (feasibility study)
• Calling for a public hearing
• Published and mailed notice of the public hearing
• Public hearing on improvements.
4. Section 8.02, Subd. 2 allows for a written objection to the improvements from 50% of the
abutting property owners to be filed with the city prior to or at the improvement hearing.
If no objection is received, the council may order the project as specified under state
requirements. If an objection is received the council shall call a special meeting (2nd
public hearing) to be held at least 45 days after the improvement hearing.
5. Section 8.02, Subd. 3 allows the city council to order the improvement following the
special meeting (2 "d public hearing), but requires the effective date of the resolution to be
at least 30 days after adoption. In such case, the City is required to mail a summary of
the resolution to affected owners within 5 days of adoption. Prior to the effective date of
the resolution, if 50% of the affected property owners sign written objections to the
resolution then the resolution does not become effective and the improvement is not
ordered.
6. Section 8.02, Subd. 5 provides that if any portion of the project is to be paid from
property taxes, registered voters may file a petition requesting a vote on the
improvement. Such petition must be received within 30 days of ordering the
improvement and be signed by registered voters equal to at least 12 percent of the votes
cast in the last general municipal election. Based on 2011 election this number would be
517 signatures. In such case, the city may only proceed after obtaining approval of a
majority of the voters voting on the question.
7. Section 8.02, Subd. 6 states that in the event the ballot question fails, the requirements of
Minnesota Statutes, section 475.58 will apply. These requirements stipulate that the
same ballot measure cannot be resubmitted to the voters within a period of 180 days. If it
fails a second time, it may not be resubmitted within a period of one year.
8. The ordinance also repeals Section 8.07 of the Charter regarding the exempt zones.
Establishment of an annual street reconstruction program will require the expenditure of property
taxes to fund the improvements. As discussed in previous meetings, the most financially prudent
and equitable way to distribute the costs of street reconstruction is through a combination of
special assessments to benefiting property owners and ad valorem taxes paid by all city
taxpayers. This financial strategy has been difficult to implement, due in part, to the procedural
requirements currently existing within the City Charter.
The proposed amendment provides the City Council with more control over the procedural
process while improving the City Council /neighborhood involvement. The amendment
continues to provide a neighborhood option to veto the project. Additionally, and possibly most
important, is the continued opportunity to hold a city wide vote on a project. However, the vote
would need to be initiated via a citizen petition process rather than automatically held as
currently required.
Requested Council Direction
Staff is requesting council direction to place the proposed Charter amendment ordinance on the
council agenda for a first reading on March 12, 2012.
Attachments
1. Draft Ordinance No. 05 -12 (changes from Citizen Task Force highlighted)
Notice is
mailed 10
days before
hearing
Charter Amendment
2012
Council Public
Proposed Petition
Project for Project
Feasibility study with ail
proposed assessments stated
City Council
calls for
public
hearing
People are notified of
public hearing
ljykt-i9u171-a. e 31S M.
J
Notice is
mailed 10
days before
hearing
Improvement Hearing is held to
Introduce Project to the Public
and Hear Feedback
If no If Objection,
objection. Then we have
Council can another public
order the hearing in 45
project days
People are notified of
2nd public hearing
Public
meeting held
and Council
receives
input
If no
objection,
Council can
order the
Project
If more then
50% object
within 30 days
to updated
project, the
project Is dead
If any portion of
project is paid by
property taxes,
voters may petition
for city wide vote
on project within 30
days
Notice is
published
twice in
news paper
Objection is
defined by
more then 50%
of the affected
land owners
Council can
change project
based on public
opinion before
or during the
public hearing
Notice is
published 10
days prior to
public
hearing
1St Reading: March 12, 2012
Publication:
2 "d Reading:
Effective:
Council Member
moved for adoption of the following ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 05 -12
AN ORDINANCE AMENDING CHAPTER 8 OF THE LINO LAKES CITY
CHARTER, REGARDING PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
The City Council of the City of Lino Lakes does ordain:
Section 1. That Chapter 8, Section 8.01, 8.02, 8.03, 8.04, 8.05 and 8.06 of the
Lino Lakes City Charter be and are hereby repealed:
local character. The total assessments for any local improvement may not exceed the
cost of the improvement, including all costs and expenses connected therewith, with
interest. No assessment shall exceed the benefits to the property.
Section 8.07. Local improvements (the term "local improvement" shall mean a public
19)
Section 8.03. Local Improvement Ordinances and Regulations. Within one
hundred twenty (120) days after this Charter goes into effect and before local
improvements can be acted upon, the Council shall enact suitable ordinance(s)
governing local improvements and special assessments. The ordinance(s) shall
assessment districts, public herrings, app als from a collection of assessments,
certifying of unpaid assessments for collection by the proper County officer. Said
ordinance(s) shall also provide for installment payments and notices to be given thereof,
appellate procedure, reassessment, if necessary, and all other matters appropriate to
the subject of local improvements and assessments. After the adoption of such
ordinance(s) providing for local improvements, all procedures in compliance therewith
contained in this Charter.
Section 8.04. Special Assessment Procedure.
percent (25 %) in number of the benefitted property owners (A benefitted property owner
can only sign once regardless of the number of benefitted parcels owned and a
four fifths affirmative vote of all of the Council. The Council resolution shall state the
nature and scope of proposed improvement including the number of benefitted property
owners, and shall provide means to obtain a cost estimate which shall set forth the cost
of the improvement both in unit price and in total thereof. Upon receipt of such
estimate, thc Council shall by resolution set a datc for a public hearing on the proposed
improvement setting forth therein thc time, place and purpose of such hearing. Such
thereto, a copy of such resolution including estimate unit prices and estimated total
price thereof shall be mailed to each benefitted property owner at his /her last known
address at Icast two (2) weeks prior to the date of said hearing. Failure to give mailed
notice, or any defects in the notice, shall not invalidate the proceedings. At such
hearing the City shall receive any written and oral statements, and hear any petitioners
for or against the proposed improvement. At such hearing the City Council shall
expected to offset thc proposed improvement cost. A period of sixty (60) days shall
filed with thc Council, signed by a majority of the owners proposed to be assessed for
such improvement, or when the improvement has been petitioned for, signed by a
the number of those who petitioned for thc improvement, the Council shall not make
such improvement at thc expense of the property benefitted, unless, in thc m antimc
number to those who signed thc pctition against thc improvement; in which event thc
Council may disregard the petition against the improvement. Any person whose name
appoars on a pctition to thc Council for a local improvement, may withdraw his /her
name by statement in writing filed with the Council before such petition is presented to
the Council.
Subdivision 2. Regardless of the provisions of Subdivision 1 of this section, when
less than one hundred (100 %) percent of the estimated cost of the proposed
improvement is to be paid for by special assessments, connection charges, or any
outside funding sources othcr than thc City general fund, thc Council shall within one
hundred twenty (120) days after thc conclusion of thc public hearing, submit thc
election is scheduled during such onc hundred twenty {120) day period, the Council
shall schedule a special election by which said improvement and its associated
as€esemcnt formula can bc submitted to thc City's voters. If a majority-of these voting
shall not proceed with the local improvement as proposed.
hearing, proceed on thc improvement. If after bids arc received on thc project the
proposed contract exceeds the estimated cost of thc engineer stated at the public
not award the contract for thc proposed impfovement, but may rcbid the project for onc
(1) time only.
(1) year after the public hearing on said improvement.
•$ .
may be assessed against property benefitted a+ may bc collected in thc same manner
as special assessments. Such costs shall not bc deemed to be "special assessments"
for the purposes set forth in Section 8.03 of this chapter.
Section 8.06. When under the provisions of section 8.04, Subdivision 1, an
••o
owners, such property owners may after thc mailing of notice of a public hearing,
petition to waive fifty (50) of thc sixty (60) days waiting period. After such petition, thc
City Council may immediately order the proposed project. (Amended)
Section 2. That Chapter 8 of the Lino Lakes City Charter be amended by adding
thereto a new Section 8.01 to read as follows:
Section 8.01. Local Improvements Defined; Charter Provisions Effective.
Subdivision 1. For the purposes of this Chapter, the term "local improvements"
means any public improvements financed in whole or in part from special assessments.
Subdivision 2. For the purposes of any objection or petition under this Chapter,
(a) each parcel is considered to have one owner, and only one person or entity may
sign an objection or petition on behalf of any additional owners of that parcel; and (b) if
the same person or entity owns more than one parcel affected by a local improvement,
that person or entity may sign an objection or petition only once; and (c) for the purpose
of identifying recipients of any notice under this Chapter, owners are determined in
accordance with Minnesota Statutes, Section 429.031, subdivision 1.
Subdivision 3. The City may undertake any local improvements not forbidden by
law and levy special assessments to pay all or any part of the cost of such local
improvements. The principal amount of special assessments for any local
improvements shall not exceed the cost of the local improvement, including all design,
financing and related costs, and shall not exceed the benefit to the property determined
in accordance with state law.
Subdivision 4. Local improvements shall be carried out exclusively under the
provisions of this Charter, except to the extent otherwise provided in Section 8.02.
Section 3. That Chapter 8 of the Lino Lakes City Charter be amended by adding
thereto a new Section 8.02 to read as follows:
Section 8.02. Local Improvement Procedure.
Subdivision 1. Local improvements shall be carried out in accordance with state
law, except as provided in this Section.
Subdivision 2. If more than 50 percent of the owners of the real property abutting
on the streets named in the mailed notice of the improvement hearing under Minnesota
Statutes, Section 429.031, subdivision 1 sign written objections regarding the local
improvements, and file such objections with the city clerk prior to the improvement
hearing or present such objections to the presiding officer at the hearing, then after the
hearing the council shall schedule a special meeting to be held at least 45 days after the
date of the hearing. At least 10 days prior to the date of the special meeting, the city
shall publish notice of the special meeting and mail notice of the special meeting to all
owners who received the initial notice under Section 429.031, subdivision 1. Such
published and mailed notice shall include all the information provided in the initial mailed
notice, along with a statement as to the number and percentage of affected owners who
filed objections at or before the hearing. At the special meeting, the council shall hear
additional testimony on behalf of any objecting property owners, and may consider
further written or oral testimony from appropriate city officials and other witnesses, as to
the nature of the local improvements, the advisability of proceeding with such local
improvements, the proposed financing for such local improvements, any proposed
amendments to the plans or financing for such local improvements, and the
methodology used to calculate individual special assessments for such local
improvements.
Subdivision 3. A resolution ordering the local improvements (as such local
improvements may have been amended in response to the hearing or special meeting
under Section 8.02, Subdivision 2) may be adopted at any time within six months after
the date of the special meeting by vote of a majority of all members of the council when
the local improvement has been petitioned for by not less than 35 percent of the owners
of the real property abutting on the streets named in the petition as the location of the
local improvement; and when there has been no such petition, the resolution may be
adopted only by vote of four -fifths of all members of the council. The effective date of a
resolution ordering the local improvement must be at least 30 days after adoption.
Within five days after adoption of the resolution, a summary of the resolution must be
mailed to the affected owners. If more than 50 percent of the affected owners sign
written objections regarding the resolution, and file such objections with the city clerk
prior to the effective date of the resolution, the resolution does not become effective and
the local improvement is not ordered. Any objections filed under Section 8.02,
Subdivision 2 will not constitute objections under this Subdivision 3. If the required
number of owners do not file a timely objection under this subdivision, the local
improvement may proceed after the effective date of the resolution, except as otherwise
provided in Subdivisions 5 and 6.
Subdivision 4. If timely objections are not filed by the required number of
property owners under Subdivision 2 of this Section, Subdivisions 2 and 3 of this
Section do not thereafter apply to the subject local improvements, and all subsequent
procedures for approval of and levying of special assessments for those local
improvements shall be in accordance with state law, except as otherwise provided in
this subdivision and Subdivisions 5 and 6. Notwithstanding anything to the contrary in
Minnesota Statutes, Section 429.031, subdivision 1, clause (f), a resolution ordering the
local improvement may be adopted at any time within six months after the date of the
hearing by vote of a majority of all members of the council when the local improvement
has been petitioned for by not less than 35 percent of the owners of the real property
abutting on the streets named in the petition as the location of the local improvement;
and when there has been no such petition, the resolution may be adopted only by vote
of four -fifths of all members of the council.
Subdivision 5. If any portion of the cost of a local improvement is to be paid
from ad valorem taxes, the ordering of the local improvement shall be suspended for 30
days after the effective date of the resolution ordering the local improvement under
subdivision 3 (if no timely objection was filed by the required number of owners) or
under subdivision 4. If a petition requesting a vote on the local improvement signed by
registered voters equal to at least 12 percent of the votes cast in the last general
municipal election is filed with the City Clerk by the end of that 30 -day period, then the
City may proceed with the local improvement, and may issue general obligation bonds
to finance the local improvement, only after obtaining approval of a majority of the
voters voting on the question at a general or special election. The ballot shall generally
describe the proposed local improvement, the estimated principal amount of bonds to
be issued to finance the local improvement, and the estimated percentage of total debt
service on the bonds expected to be paid from ad valorem taxes.
Subdivision 6. If the voters do not approve a local improvement and issuance of
bonds therefore at an election required by subdivision 5, the provisions of Minnesota
Statutes, section 475.58, subd. 1 a shall apply.
subdivisions, the Council shall not vote on the same improvement within a period of onc
ee-
O re.
Section 4. That Chapter 8, Section 8.07, of the Lino Lakes City Charter is
hereby repealed:
Section 8.07. Local Improvement; Special Provisions.
Subdivision 1. Except as provided in Subdivision 3, i In the geographic areas of
accordance with procedures specified in state law.
Subdivision 2. Subdivision 1 applies to land within three (3) gcographic areas,
AREA NO. 1 Trunk Highway #49 (Hodgson Road) and County State Aid
Highway #23 Intersection (Lake Drive)
All Government Lot 1, Scction 30, T31, R22, PIN. 30 31 22 210001
That part of Lots 14, 15, 16 and 17, Auditor's Subdivision No. 151 lying south and
cast of State Trunk Highway #40 (Hodgson Road) right of way
AREA NO. 2 Interstate 135E and County Road 242 (Main Street)
Interchange
Northeast onc quarter (1/ 'l) of Section 24
Street
Interchange
North onc half (1/2) of the southwest one quarter (1/4) of Scction 18
That part of the south one half (1/2) of the southwest one quarter (1/4) of Section
18 Tying north of the Interstate I35W right of way
Highway #119 (Lake Drive) right of way
of said southeast one quartcr (1/4) of the northwest one quarter (1/4) with the
quarter (1/4) of Section 8
southwest one quarter (1/4) of Section 8
Subdivision 3. When construction of local improvements, the levy of special
the first public hearing to be held on the project. After the filing of such petition the City
y
Jeff Reinert, Mayor
Attest: Julianne Bartell, City Clerk
Adopted by the Lino Lakes City Council this 12th day of March, 2012.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member and upon a vote being taken thereon, the following voted in favor
thereof:
The following voted against same:
Whereupon said ordinance was declared duly passed and adopted.
WS — Item 2
WORK SESSION STAFF REPORT
Work Session Item 2
Date: March 5, 2012
To: City Council
From: Michael Grochala
Re: 21st Avenue Extension
Background
Metro Transit has been working with city staff, the City of Centerville and property owners to
construct a 300 space park and ride facility adjacent to the 35E /CSAH 14 Interchange. The
preferred property is located in the NW quadrant of the interchange area. Construction of the
park and ride would require the extension of 215t Avenue north of CSAH 14. In September of
2011 the council approved a Letter of Understanding with the City of Centerville authorizing and
directing staff to initiate the preliminary engineering for the project upon the landowners placing
funds for the preliminary engineering, in escrow. The letter designated Lino Lakes as the lead
agency for the improvement.
Upon deposit of the required escrow from the benefiting property owners, WSB & Associates
completed a concept plan and cost estimates for the improvement. The improvements consist of
street, storm sewer, sanitary sewer, water main, and pedestrian improvements extending from
Main Street to approximately a quarter mile north. The estimated cost is approximately
$925,000. The costs would be shared between Centerville and Lino Lakes and assessed to the
benefitting property owners. Lino Lakes would incur approximately $90,000 in trunk utility
oversizing costs. The estimated costs assume that all right -of -way and drainage and utility
easements will be dedicated to the City at no cost.
City staff is working with the City Attorney to prepare a Petition and Waiver of Appeal
agreement for execution by the property owners. Once executed Lino Lakes will need to enter
into a joint powers agreement with the City of Centerville prior to ordering the plans and
specifications. Both abutting property owners appear to be in support of the project.
Requested Council Direction
Update only. No direction required.
Attachments
1. Concept Plan — 21st Avenue
Date: Printed: 1/4/20,2
1013 KA02029-10‘C.M.Y.MR.36.0,d9r,
.11111■!..,
6to
t.41
t
t 1C
0 100 ft 200 f-t
NEW PAVEMENT
CURB & GUTTER
BIT. TRAIL
PROPOSED POND
REMOVALS
— R/W
— PERM. EASE.
21st Avenue North Improvements
City of Lino Lakes, Minnesota
Dots, Pr Int.& 1/4/2042
W58 FIlwrwarm k\02019-40\Cad\Layout\S•wer £ Wator.dgn
Concept Layouts
21st Avenue North Improvements
City of Lino Lakes, Minnesota
0 100 ft 200 ft
SANITARY SEWER
— 1 WATERMAIN
Sanitary Sewer & Watermain
Dote: Printed: 1/4/2012
WSB Fil name: K: \02029-00 \Lad \Layout \Storm Seeer.don
Concept Layouts
0 100 -ft 200 ft
- »- STORM SEWER
21st Avenue North Improvements
City of Lino Lakes, Minnesota
WS — Item 3
WORK SESSION STAFF REPORT
Work Session Item 3
Date: March 5, 2012
To: City Council
From: Michael Grochala
Re: Otter Lake Road Extension
Background
The City Council authorized staff to retain the services of BRKW Appraisal Inc., to prepare a
special benefit report and right -of -way acquisition appraisals at the February 27, 2012 regular
meeting. BRKW is estimating approximately six weeks for completion of the special benefit
report. During the discussion the council suggested moving forward with preparation of plans
and specifications.
At this time staff is recommending completion of the above referenced BRKW work prior to
ordering the improvement plans. Estimated costs for preparation of plans and specifications are
$40,000 to $60,000. In addition to working with our engineers on a proposal, staff also needs to
evaluate both short term and permanent financing options before proceeding.
Requested Council Direction
Staff is requesting council direction regarding preferred action.
WS — Item 4
WORK SESSION STAFF REPORT
Work Session Item 4
Date: March 5, 2012
To: City Council
From: Jeff Karlson
Re: Centennial Utilities Franchise Ordinance
Background
I recently met with Circle Pines City Administrator Jim Keinath to review Centennial
Utilities' proposed franchise renewal. The 25 -year franchise ordinance with Centennial
Utilities (City of Circle Pines) expires March 31, 2012. The agreement gives Centennial
Utilities the right to operate and maintain a gas utility in Lino Lakes. I raised this issue
with the Council last November, but no action was taken.
Currently, the City of Circle Pines pays an annual franchise fee of seven percent to Lino
Lakes from the sale of gas to its 947 customers residing in Lino Lakes. Last year the City
received $93,956.37 for franchise fees collected in 2010. This coming May we are
expected to receive around $92,000.
Because the new franchise recommendation contains substantive changes, I asked City
Attorney Joe Langel to review the proposed franchise ordinance. In particular, Section 7,
Subsection 7.4 states that Centennial Utilities will stop collecting a franchise fee if Lino
Lakes does not collect "a fee or tax of the same or greater percentage of the receipts" for
energy sales. The proposal also caps the franchise fee at five percent.
Mr. Langel stated that the Utility Commission's threat to unilaterally stop collecting the
franchise fee is without any legal basis. The franchise is a contract, the terms of which
would continue until both parties agree to change the agreement. Joe recommends that if
the Council wants to retain the franchise fee, then the Council should take official action.
It comes down to contract negotiation and how far each side is willing to go.
Another change in the agreement is that Lino Lakes would no longer have a commission
member represented on the Centennial Utilities Commission. Lino Lakes has one
representative on the Commission.
There are three entities that own and operate gas distribution systems in Lino Lakes
pursuant to City franchise ordinances: Centennial Utilities, CenterPoint (formerly
Minnegasco), and Xcel Energy (formerly NSP). CenterPoint and Xcel Energy do not
currently pay a franchise fee. The franchise agreement with CenterPoint also expires
March 31, 2012.
The following table shows each gas and electric provider in Lino Lakes and the current
status of the franchise agreement.
Franchise
Provider Service Expires Franchise Fee
Centennial Utilities Natural gas 3/31/12 7%
CenterPoint Energy Natural gas 3/31/12 None
Connexus Energy Electricity No agreement None
Xcel Energy Gas & Electric Expired in 2008 None
In April 2008 the former administrator informed the City Council the franchise
agreement between the City of Lino Lakes and Xcel Energy was going to expire June
2008. Mr. Heitke pointed out the following: (1) the City was collecting a franchise fee
from Centennial Utilities, (2) there was a provision in the franchise agreement with
CenterPoint Energy to collect a franchise fee but the City was not collecting it, and (3)
the City did not have an agreement with Connexus Energy. The Council directed staff to
incorporate the ability to establish franchise fees in the Xcel Energy renewal agreement
and to further explore the idea of establishing franchise fees for the other utilities. The
City Council considered implementing a franchise fee for the other gas utilities during
several meetings, but no official action was taken.
Staff had consulted with James Strommen, an attorney with Kennedy & Graven, who
specializes in utility franchise agreements. Mr. Strommen prepared a memo, dated April
29, 2008, that included his recommendations. Strommen recommended the adoption of a
Right -of -Way Ordinance to regulate the City's public rights -of -way and the
establishment of one uniform franchise agreement and rate design for all utilities.
Attached is a table that Finance Director Al Rolek created in 2008, which showed what
the potential revenues would be if the City of Lino Lakes implemented a uniform
franchise fee for gas and electric service, which were based on revenues collected by the
gas and electric utilities in 2007.
Requested Council Direction
Staff is seeking further direction from the Council on how you would like to proceed with
the franchise renewals.
Attachments
Centennial Utilities' New Franchise Proposal
Estimated Utility Fee Revenues Based On 1997 Gross Revenues
CITY OF LINO LAKES, ANOKA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE GRANTING TO CIRCLE PINES UTILITES, DBA CENTENNIAL
UTILITIES A MINNESOTA MUNICIPAL CORPORATION, ITS PERMITTED
SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE
TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS
ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND
PUBLIC GROUND OF THE CITY OF LINO LAKES, MINNESOTA, FOR SUCH
PURPOSE; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF.
THE CITY COUNCIL OF THE CITY OF LINO LAKES, ANOKA COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
City. The City of Lino Lakes, County of Anoka, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or operated
by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic
signals, but excluding facilities for providing heating, lighting, or other forms of energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government, which preempts all or part of the
authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission.
Company. Circle Pines Utilities DBA Centennial Utilities, a Municipal corporation, its
successors and assigns permitted by the City including all successors or assigns that own or
operate any part or parts of the Gas Facilities or system subject to this Franchise.
Franchise or Ordinance. This Ordinance granting the Franchise to the Company to
provide retail natural gas service to customers in the City under the terms and conditions herein.
Gas Facilities or System. Gas transmission and distribution pipes, lines, ducts, fixtures,
and all necessary equipment and appurtenances owned or operated by the Company for the
purpose of providing gas energy for public or private use in the City.
Notice. A writing served by any party or parties on any other party or parties. Notice to
Company shall be mailed to Administrator, 200 Civic Heights Circle, Circle Pines Minnesota
55014. Notice to the City shall be mailed to . Either party may
change its respective address for the purpose of this Ordinance by Notice to the other parties.
Public Ground. Land owned or otherwise controlled by the City for park, open space or
similar public purpose, which is not a Public Way but is held for use in common by the public.
Public Way. Any public right -of -way within the City as defined by Minnesota Statutes,
Section 237.162 subd. 3.
SECTION 2. ADOPTION OF FRANCHISE
2.1. Grant and Acceptance of Franchise. City hereby grants Company, for a period
of twenty (20) years from the date this Ordinance is passed and approved by the City, the
nonexclusive right to import, manufacture, distribute and sell gas for public and private use within
and through the limits of the City as its boundaries now exist or as they may be extended in the
future. This right includes the provision of Gas that is (i) manufactured by the Company or its
affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii)
purchased from another source by the retail customer and delivered by the Company. For these
purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under
and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance.
Company may do all reasonable things necessary or customary to accomplish these purposes,
subject however, to such lawful regulations as may be adopted by separate ordinance. The
Company accepts the grant and agrees to comply with this Ordinance.
2.2 Effective Date: Written Acceptance. This franchise agreement shall be in force
and effect from and after approval of this Ordinance, its acceptance by Company, and its
publication as required by law. The City by Council resolution may revoke this franchise
agreement if Company does not file a written acceptance with the City within 90 days after
publication.
2.3. Publication Expense. Company shall pay the expense of a summary publication
of this Ordinance.
2.4. Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder or is otherwise in breach of the Franchise, the
complaining party shall notify the other party in writing of the default and the desired remedy.
Representatives of the parties must promptly meet and attempt in good faith to negotiate a
resolution of the dispute. If the dispute is not resolved within thirty (30) days of the Notice, the
parties may mediate by jointly selecting a mediator to facilitate further discussion. The parties will
equally share the fees and expenses of the mediator. If either party objects to use of a mediator or
a mutually acceptable mediator cannot be obtained, either party may commence an action in
Anoka County District Court to interpret and enforce this Franchise and /or seek such other relief
as permitted by law or equity.
SECTION 3. LOCATION, OTHER REGULATIONS
3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained
so as not to interfere with the safety and convenience of ordinary travel along and over Public
Ways and so as not to disrupt the operation of any City Utility System. Gas Facilities may be
located on or in Public Grounds as determined by the City and as they presently exist on the date
of the adoption of this ordinance. Company's construction, reconstruction, operation, repair,
maintenance, location and relocation of Gas Facilities shall be subject to other reasonable
regulations of the City consistent with authority granted to the City to manage its Public Ways and
Public Grounds under state law, and to the extent not inconsistent with a specific term of this
Franchise.
3.2. Public Ground, Public Way Openings. Company shall not open or disturb the
surface of any Public Way or Public Ground for any purpose without first having obtained a
permit from the City, if required by a separate ordinance, for which the City may impose a
reasonable fee. Company may, however, open and disturb the surface of any Public Way or Public
Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas
Facilities and (ii) Company gives telephone, email or similar notice to the City before
commencement of the emergency repair, if reasonably possible. Within two (2) business days
after commencing the repair, Company shall apply for any required permits and pay any required
fees.
3.3. Restoration. After undertaking any work requiring the opening of any Public
Way, the Company shall restore the Public Way in accordance with Minnesota Rules, Part
7819.1100 and applicable City ordinances. Company shall restore the Public Ground to a
condition as good as formerly existed. All work shall be completed as promptly as weather
permits, and if Company shall not promptly perform and complete the work, remove all dirt,
rubbish, equipment and material, and put the Public Ground in the said condition, the City shall
have the right, after demand to Company to cure and the passage of a reasonable period of time
following the demand, but not to exceed five days, to make the restoration of the Public Ground at
the expense of Company. Company shall pay to the City the cost of such work done for or
performed by the City. This remedy shall be in addition to any other remedy available to the City
for noncompliance with this Section 3.3.
3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to
prevent the Gas Facilities from causing damage to persons or property. The Company must take
reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas
Facilities by persons, property, or the elements. The Company must take protective measures
when the City performs work near the Gas Facilities, if given reasonable notice by the City of
such work prior to its commencement. The City must take reasonable measures to prevent
damage to the Gas Facilities or system during any work performed by the City; its staff or its
agents
3.5. Notice of Improvements to Streets. The City will give Company reasonable
Notice of plans for improvements to Public Ways where the City has reason to believe that Gas
Facilities may affect or be affected by the improvement. The Notice shall contain: (i) the nature
and character of the improvements, (ii) the Public Ways upon which the improvements are to be
made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v)
if more than one Public Way is involved, the order in which the work is to proceed. The Notice
will be given to Company a sufficient length of time, considering seasonal working conditions, in
advance of the actual commencement of the work to permit Company to make any additions,
alterations or repairs to its Gas Facilities the Company deems necessary.
3.6. Mapping Information. The Company must promptly provide complete and
accurate mapping information for any of its Gas Facilities in accordance with the requirements of
Minnesota Rules, Parts 7819.4000 and 7819.4100.
3.7. Relocation in Public Ways. The Company shall comply with Minnesota Rules,
Part 7819.3100 and applicable City ordinances consistent with law.
SECTION 4. INDEMNIFICATION
4.1. Indemnity of City. Company shall indemnify and hold the City harmless from
any and all liability, on account of injury to persons or damage to property occasioned by the
negligent construction, maintenance, repair, inspection, the issuance of permits, or the negligent
operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not
be indemnified for losses or claims occasioned through its own negligence except that the
Company shall indemnify and defend the City for losses or claims arising out of or alleging the
City's negligence as to the issuance of permits for, or inspection of, Company's plans or work.
This franchise agreement shall not be interpreted to constitute a waiver by the Company of any of
its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466.
4.2. Defense of City. In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Company at its sole cost and expense
shall defend the City in such suit if Notice thereof is promptly given to Company within a period
wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify
and defend, it will thereafter have control of such litigation, but Company may not settle such
litigation without the consent of the City, which consent shall not be unreasonably withheld. This
section is not, as to third parties, a waiver of any defense or immunity otherwise available to the
City. The Company, in defending any action on behalf of the City, shall be entitled to assert in
any action every defense or immunity that the City could assert in its own behalf. This franchise
agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of
immunity or limitations on liability under Minnesota Statutes, Chapter 466.
SECTION 5. VACATION OF PUBLIC WAYS
The City shall give Company at least two (2) weeks prior Notice of a proposed vacation
of a Public Way. The City and the Company shall comply with Minnesota Rules, Part 7819.3200
and applicable ordinances consistent with law.
SECTION 6. CHANGE IN FORM OF GOVERNMENT
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 7. FRANCHISE FEE
7.1. Right and Form. Subject to the terms and conditions of this ordinance, during the
term of the Franchise hereby granted, and in addition to permit fees being imposed or that the City
has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a
percentage of gross revenues received by the Company for its operations within the City, or (ii) a
flat fee per customer based on metered service to retail customers within the City or on some other
similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers
within the corporate limits of the City, or (iv) a fee based on a customer meter charge or other rate
design. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate
based on metered service may differ for each customer class or combine the methods described in
(i) -(iii) above in assessing the fee but in no event shall exceed five percent of the Company's
gross revenue from the sale of gas within the City..
7.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance
duly adopted by the City, which ordinance shall not be adopted until at least thirty (30) days after
Notice enclosing such proposed ordinance has been served upon the Company. The fee shall
become effective ten (10) days after Notice enclosing such adopted ordinance has been served
upon the Company by certified mail.
7.3. Collection of Fee. The City acknowledges that the Company may collect the
franchise fee from customers in the City. The City reserves the right to establish and modify
from time to time, the rate design of the fee collected from customers of different classes. Fees
shall be payable not less than quarterly during complete billing months of the period for which
payment are to be made. The franchise fee formula may be changed from time to time; however,
the change shall meet the same notice requirements and the fee may not be changed more often
than annually, and must comply with the terms of this Ordinance. The Company agrees to make
available for inspection by the City at reasonable times all records necessary to audit the
Company's franchise fee records.
7.4. Conditions on the Fee. The separate ordinance imposing the fee shall not be
effective against the Company unless it lawfully imposes and the City quarterly or more often
collects a fee or tax of the same or greater percentage on the receipts from sales of energy within
the City by any other energy supplier. The franchise fee or tax shall be applicable to energy sales
for any energy use related to heating, cooling, or lighting, as well as to the supply of energy
needed to run machinery and appliances on premises located within or adjacent to the City, but
shall not apply to energy sales for the purpose of providing fuel for vehicles.
SECTION 8. ABANDONED FACILITIES
The Company shall comply with City ordinances, Minnesota Statutes, Sections 216D.01
et seq. and Minnesota Rules, Part 7819.3300, as they may be amended from time to time. The
Company shall maintain records describing the exact location of all abandoned and retired
Facilities within the City, produce such records at the City's request and comply with the location
requirements of Minnesota Statutes, Section 216D.04 with respect to all Gas Facilities, including
abandoned and retired Gas Facilities.
SECTION 9. ADDITIONAL PROVISIONS OF ORDINANCE
9.1. Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part; and if any section, provision, or part shall be
held invalid, it shall not affect any other section, provision, or part. Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
9.2. Limitation on Applicability. This Ordinance shall not in any way inure to the
benefit of any third person (including the public at large) so as to constitute any such person as a
third party beneficiary of this Franchise or of any one or more of the terms hereof, or otherwise
give rise to any cause of action in any person not a party hereto.
9.3. No Waiver. The Company shall not be excused from performing the terms of this
Ordinance due to the City's failure to enforce its rights hereunder.
9.4. Data. All "data" provided to the City in connection with this Franchise shall be
governed by the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
SECTION 10. AMENDMENT PROCEDURE
This Ordinance may be amended at any time by the mutual consent of the City and
Company by City adoption of an amendatory ordinance, which shall become effective upon
Company consent filed with the City.
SECTION 11. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes any previous franchise granted to Company or its predecessor
Passed and approved:
Mayor of the City of Lino Lakes, Minnesota
Attest:
City Clerk of Lino Lakes, Minnesota
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MANAGEMENT TEAM'S
Weekly Progress Report
March 5, 2012
Item
Last Action Taken
Staff
Status
Organized Recycling & Yard
Waste Collection
12/5/11 Council referred this to the
Environment Board
Mike
Environmental Board
discussed increased recycling
in public, semi - public,
commercial and industrial
areas
Conversion to Paperless
Council Packets
12/5/11 Council expressed support for
this initiative if there is a cost saving
Jeff
Metro I -Net staff are
researching tablet options
Labor Negotiations
AFSCME — 2012 contract approved @ 1% beginning 12/30/12
49er's — Same offer of 1% was rejected on 12/14/11; have not met since vote
LELS (Police) — Last met on 2/16; Police asking for 2% wage incr. in 2012 & 2013
LELS (Sergeants) — Have not started negotiating the 2012 contract
WS — Item 8
WORK SESSION STAFF REPORT
Work Session Item 8
Date: March 5, 2012
To: City Council
From: Paul Bengtson
Re: Zoning Amendment — Section 6 — Residential Zoning Districts
Backeround
Section 6 of the Zoning Ordinance contains all of the basic requirements for the
Residential Zoning Districts within the city. Staff has comprehensively reviewed this
section of the ordinance and determined a number of changes that must be made to
properly implement the 2030 Comprehensive Plan. The Planning and Zoning Board has
reviewed staff recommended amendments and identified additional changes that should
be made.
The result of these efforts is now being presented to the City Council for consideration.
The format of the section will remain essentially the same; however a residential district
that has not been used in the city since its adoption (R -EC) will be eliminated.
The attached ordinance language clearly shows all amendments, but for the purpose of
presentation, staff has identified the following nine changes as being major in scope or
impact:
1. Purpose statements amended to clarify that public utilities are required for
development and that development densities must be consistent with the 2030
Comprehensive Plan.
2. Buffers (as already required in the landscape standards) have been added to each
district.
3. Impervious surface percentages have been updated to meet the Comprehensive
Plan goals.
4. The minimum building size calculations have been clarified and the minimum
building size requirements standardized.
5. Recreational facilities have been clearly defined to exclude off -road vehicle
courses.
6. The R -EC zoning district has been eliminated since it was never used after its
adoption.
7. The R -2 district has been re -written to allow single family and attached two -
family dwelling units. The lot standards and setbacks have also been adjusted to
allow single family homes to potentially meet the minimum density requirement
of the Medium Residential land use category. To keep small -lot developments
from taking on a `snout house' appearance, with nothing but garage doors visible
from the street, the R -2 standards include some garage /facade requirements.
8. Manufactured Home Parks are, by state law, allowed in any district that allows
attached dwelling units. As a result, the use of `Manufactured Home Parks' has
been added to the R -2, R -3, and R -4 districts as a Conditional Use, with the
standards included in Section 6, Subdivision 7 as base conditions. (In the future,
staff intends to eliminate the R -6 zoning district and move the standards contained
within to Section 3 as requirements for the CUP allowed in R -2, R -3, and R -4.)
9. The R -3 and R -4 districts have increased setbacks and buffering requirements
when adjacent to land that is guided Low Density Residential.
Again, there are additional minor changes throughout this section that are identified with
the typical strike - though and underlining of ordinance amendments. All text that has not
underline or strikethrough is the current language of the zoning ordinance.
Requested Council Direction
Staff needs any comments from the City Council in order to make changes to the
proposed language.
Attachments
1. Amended Ordinance Language
•
•
•
7. The R -2 district has been re -written to allow single family and attached two -
family dwelling units. The lot standards and setbacks have also been adjusted to
allow single family homes to potentially meet the minimum density requirement
of the Medium Residential land use category. To keep small-lot developments
from taking on a `snout house' appearance, with nothing but garage doors visible
from the street, the R -2 standards include some garage /facade requirements.
8. Manufactured Home Parks are, by state law, allowed in any district that allows
attached dwelling units. As a result, the use of `Manufactured Home Parks' has
been added to the R -2, R -3, and R -4 districts as a Conditional Use, with the
standards included in Section 6, Subdivision 7 as base conditions. (In the future,
staff intends to eliminate the R -6 zoning district and move the standards contained
within to Section 3 as requirements for the CUP allowed in R -2, R -3, and R -4.)
9. The R -3 and R -4 districts have increased setbacks and buffering requirements
when adjacent to land that is guided Low Density Residential.
Again, there are additional minor changes throughout this section that are identified with
the typical strike - though and underlining of ordinance amendments. All text that has not
underline or strikethrough is the current language of the zoning ordinance.
Requested Council Direction
Staff needs any comments from the City Council in order to make changes to the
proposed language.
Attachments
1. Amended Ordinance Language
•
WS — Item 8
WORK SESSION STAFF REPORT
Work Session Item 8
Date: March 5, 2012
To: City Council
From: Paul Bengtson
Re: Zoning Amendment — Section 6 — Residential Zoning Districts
Background
Section 6 of the Zoning Ordinance contains all of the basic requirements for the
Residential Zoning Districts within the city. Staff has comprehensively reviewed this
section of the ordinance and determined a number of changes that must be made to
properly implement the 2030 Comprehensive Plan. The Planning and Zoning Board has
reviewed staff recommended amendments and identified additional changes that should
be made.
The result of these efforts is now being presented to the City Council for consideration.
The format of the section will remain essentially the same; however a residential district
that has not been used in the city since its adoption (R -EC) will be eliminated.
The attached ordinance language clearly shows all amendments, but for the purpose of
presentation, staff has identified the following nine changes as being major in scope or
impact:
1. Purpose statements amended to clarify that public utilities are required for
development and that development densities must be consistent with the 2030
Comprehensive Plan.
2. Buffers (as already required in the landscape standards) have been added to each
district.
3. Impervious surface percentages have been updated to meet the Comprehensive
Plan goals.
4. The minimum building size calculations have been clarified and the minimum
building size requirements standardized.
5. Recreational facilities have been clearly defined to exclude off -road vehicle
courses.
6. The R -EC zoning district has been eliminated since it was never used after its
adoption.
7. The R -2 district has been re- written to allow single family and attached two -
family dwelling units. The lot standards and setbacks have also been adjusted to
allow single family homes to potentially meet the minimum density requirement
of the Medium Residential land use category. To keep small -lot developments
from taking on a `snout house' appearance, with nothing but garage doors visible
from the street, the R -2 standards include some garage /facade requirements.
8. Manufactured Home Parks are, by state law, allowed in any district that allows
attached dwelling units. As a result, the use of `Manufactured Home Parks' has
been added to the R -2, R -3, and R -4 districts as a Conditional Use, with the
standards included in Section 6, Subdivision 7 as base conditions. (In the future,
staff intends to eliminate the R -6 zoning district and move the standards contained
within to Section 3 as requirements for the CUP allowed in R -2, R -3, and R -4.)
9. The R -3 and R -4 districts have increased setbacks and buffering requirements
when adjacent to land that is guided Low Density Residential.
Again, there are additional minor changes throughout this section that are identified with
the typical strike- though and underlining of ordinance amendments. All text that has not
underline or strikethrough is the current language of the zoning ordinance.
Requested Council Direction
Staff needs any comments from the City Council in order to make changes to the
proposed language.
Attachments
1. Amended Ordinance Language
•
•
•
SECTION 6. RESIDENTIAL DISTRICTS
Subd. 1. R -1, Single Family Residential District.
A. Purpose. This district is intended to provide a residential atmosphere for those
persons desiring a single family neighborhood with a suburban density. This district
is intended for development of single family detached homes on Tots served with
public sanitary sewer and water. Land to be zoned R -1 shall be served with public
sanitary sewer and water; shall be in a Low Density Residential land use category
according to the comprehensive plan; and development density shall be consistent
with that land use category.
B. Lot and Yard Requirements.
1. Minimum Lot Size. Ten thousand eight hundred (10,800) square feet
contiguous buildable land as defined by Section 1, Subd. 2.B.
2. Minimum Lot Width.
a. Interior Lots. Eighty (80) feet.
b. Corner Lots. One hundred (100) feet.
c. Lots of one and one -half (1.5) acres recorded prior to 22 February
1988 may be resubdivided in accordance with the following:
1) Interior Lots. Seventy -five (75) feet.
2) Corner Lots. Ninety -five (95) feet.
3. Minimum Lot Depth. One hundred thirty -five (135) feet.
a. Double Frontage Lots. One hundred forty -five (145) feet.
4. Building Setbacks. (The grcater of the following:)
a. From Streets (Principal and Accessory Buildings)-
1) Local Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -1
Residential Districts
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
5. Buffer. Any property adjacent to a collector or arterial street shall provide a
fifteen (15) foot buffer in accordance with Section 3.Subdivision 4.Q.
C. Impervious Surface Coverage. The impervious surface of the property shall not
exceed forty percent (40 %). In no event shall off street parking space, structures of
D. Building Requirements.
1. The minimum footprint, less garage area, for a single family dwelling unit
shall be eight hundred fifty (850) square feet. The minimum floor area for
be as follows:
3 Bedroom Rambler
2 Bcdroom Rambler
1 1/2 Story
Split Foyer /Entry
Split Level 3 level minimum
Two Story
1,050 square feet
1,010 square feet
980 square fcct
980 square feet
980 square feet
850 square feet
2. All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
3. All dwellings shall have a double garage at a minimum.
4. All dwellings shall comply with the Design and Construction Standards of
Section 3, Subd. 4.B.
E. Height Regulations. No building shall be erected or structurally altered to exceed
thirty -five (35) feet in height- except as allowed by Section 3, Subd. 4.C.
F Sanitary Sewer. No R -1 subdivision creating a lot Tess than ten (10) acres shall be
permitted in this district without public sanitary sewer and water.
Lino Lakes Zoning Ordinance draft February 2012 Residential Districts
Amended Per Ordinance 01 -10 & 02 -11
6 -2
•
G. Permitted Uses. In the R -1 District, no building or land shall be used and no
building shall be erected, converted or structurally altered unless otherwise provided
herein, except for one or more of the following uses:
1. Day care facilities {serving fourteen (14) or fewer persons.
2. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
3. Public parks.
4. Single family detached dwellings.
5. State licensed residential care facility serving six (6) or fewer persons.
6. Community Gardens operated by the city.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R -1 District:
1. Accessory apartments as regulated by Section 3, Subd. 1-09. of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D of this Ordinance.
3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
4. Home occupation Level A as regulated by Section 3, Subd. 8 of this
Ordinance.
5. Non - commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
6. Parking spaces and car ports for licensed and operable passenger cars and
trucks.
7 Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -3
Residential Districts
8. Parking of Rrecreational vehicles and equipment per Section 3, Subd. 1I.P
5.K. of this Ordinance.
9. Signs, as regulated by Appendix C Chapter 1010 of the City Code.
10. Swimming pools, sport courts, and other recreational facilities which are
operated for the - - - - - - use of the residents of the
principal use and their guests.- as regulated by Section 3, Subd. 4.D. This
does not include racing /riding courses for off -road vehicles.
Conditional Uses. The following are conditional uses in the R -1 District: These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2 of this Ordinance.
1. Cemeteries provided that:
a. At minimum, the site accesses on a collector street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
2. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site must be accessed via a collector street or arterial street.
3. Day care facilities (exceeding serving more than fourteen (14) persons)
provided that:
a. Day care facility has access to municipal sewer and water.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
Lino Lakes Zoning Ordinance draftFebruary 2012 Residential Districts
Amended Per Ordinance 01 -10 & 02 -11
6 -4
•
•
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
4. 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:
a. Side yards shall not be Tess than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. 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 Section 3, Subd. 5. of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
5. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this
Ordinance.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this
Ordinance.
3. Open Air Market accessory to an institutional use and limited in area to 25%
of the gross floor area of the principal building.
4. Transient Merchants.
K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R -1 District and governed by Section 2, Subd. 2. of this
Ordinance.
1. None.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -5
Residential Districts
Subd. 2. R -1X, Single Family Executive Residential District.
A. Purpose. This district is intended to provide a residential atmosphere for those
persons desiring a single family neighborhood with a suburban density. This district
is intended for development of single family detached homes on lots served with
public sewer and water. Land to be zoned R -1X shall be served with public sanitary
sewer and water; shall be in a Low Density Residential land use category according
to the comprehensive plan; and development density shall be consistent with that
land use category.
B. Lot and Yard Requirements.
1. Minimum Lot Size. Twelve thousand eight hundred twenty -five (12,825)
square feet contiguous buildable land as defined by Section 1, Subd. 2.B of
this Ordinance.
2. Minimum Lot Width.
a. Interior Lots. Ninety (90) feet.
b. Corner Lots. One hundred fifteen (115) feet.
3. Minimum Lot Depth. One hundred thirty -five (135) feet.
a. Double Frontage Lots. One hundred forty -five (145) feet.
4. Building Setbacks. {The greater of the following:)
a. From Streets (Principal and Accessory Buildings).
1) Local Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
Lino Lakes Zoning Ordinance draft February 2012 Residential Districts
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5. Buffer. Any property adjacent to a collector or arterial street shall provide a
fifteen (15) foot buffer in accordance with Section 3.Subdivision 4.Q.
C. Impervious Surface Coverage. The impervious surface of the property shall not
exceed forty percent (40 %). street parking space, structures of
D. Building Requirements.
1. The minimum footprint, less garage area, for a single family dwelling unit
shall be one thousand forty (1040) square feet.
be as follows:
Rambler
1 1/2 Story
Split Foyer /Entry
Split Lcvel 3 level minimum
Two Story
1,260 square feet
1,092 square feet
1,248 square feet
1,248 square feet
1,040 square feet
2. All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
3. All dwellings shall have a double garage of a minimum six hundred (600)
square feet.
4. All dwellings shall comply with the Design and Construction Standards of
Section 3, Subd. 4.B.
E. Height Regulations. No building shall be erected or structurally altered to exceed
thirty -five (35) feet in height,- except as allowed by Section 3, Subd. 4.C.
F Sanitary Sewer. No R -1X subdivision creating a lot of less than ten (10) acres
shall be permitted in this district without public sanitary sewer and water.
G. Permitted Uses. In the R -1X District, no building or land shall be used and no
building shall be erected, converted or structurally altered unless otherwise provided
herein, except for one or more of the following uses:
1. Day care facilities (serving fourteen (14) or fewer persons).
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
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Residential Districts
2. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
3. Public parks.
4. Single family detached dwellings.
5. State licensed residential care facility serving six (6) or fewer persons.
6. Community Gardens operated by the city.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R -1X District:
1. Accessory apartments as regulated by Section 3, Subd. 4-09. of this
Ordinance.
2. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D of this Ordinance.
3. Fences, as regulated by Section 3, Subds. 4.R of this Ordinance.
4. Home occupation Level A as regulated by Section 3, Subd. 8 of this
Ordinance.
5. Non - commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
6. Parking spaces and car ports for licensed and operable passenger cars and
trucks.
7 Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd15 of this Ordinance.
8. Parking of Rrecreational vehicles and equipment per Section 3, Subd. 'I.P
5.K. of this Ordinance.
9. Signs, as regulated by Appendix CChapter 1010 of the City Code.
10. Swimming pools, sport courts, and other recreational facilities which are
operated for the - •--• _ _ _ - - - use of the residents of the
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principal use and their guests.- as regulated by Section 3, Subd. 4.D. This
does not include racing /riding courses for off -road vehicles.
Conditional Uses. The following are conditional uses in the R -1X District: These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2 of this Ordinance.
1. Cemeteries provided that:
a. At minimum, the site accesses on a collector street.
b. Where abutting a rural or residential zoning district, the periphery of
the site shall be screened in accordance with Section 3, Subd. 4.Q of
this Ordinance.
2. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site must be accessed via a collector street or arterial street.
3. Day care facilities / serving more than exceeding fourteen (14) persons}
provided that:
a. Day care facility has access to municipal sewer and water.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
4. 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
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Amended Per Ordinance 01 -10 & 02 -11
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Residential Districts
institutions such as churches, chapels, temples, mosque, and synagogues
provided that:
a. Side yards shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off- street parking and access is provided on the site or on
Tots directly abutting directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5. of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
5. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this
Ordinance.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this
Ordinance.
Open Air Market accessory to an institutional use and limited in area to 25%
of the gross floor area of the principal building.
4. Transient Merchants.
K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R -1X District and governed by Section 2, Subd. 2. of this
Ordinance.
1. None.
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Subd. 3. Left blank intentionally
and water.
B.
Information Requirement. As a means of fulfilling the purpose of the R EC
1. Resource Inventory. An inventory of existing property resources (i.e., topography,
Ordinance
3. Conservation Preliminary Plat. A plat that reflects the densities of the yield plan
while preserving natural resources and open space. The plat shall demonstrate that when
incorporating natural resources and open space, the following lot area and width
requirements shall apply:
1.
Minimum Lot Arca. Fifteen thousand (15,000) square feet average buildable land*.
hundred (10,800) square feet in arca, and no fewer than thirty (30) percent of all individual
feet in area.
e
2. Minimum Lot Width. Nincty (90) feet average *. For any subdivision in an R EC
measured according to this Ordinance.
* Averaging of lot area, lot width, or setback dimensions shall be considered to be the
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
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Residential Districts
3. Setbacks. (The greater of the following:)
a. From Streets.
1) Local Street. Twenty five (25) feet.
2) Collector or Arterial Street. Forty (i10) feet.
Rcar Yard.
1) Principal Building Thirty (30) feet.
2) Accessory Building. Five (5) feet.
c. Side Yard.
1) Principal Building_ Ten (10) feet.
2) Acce °sory Building. Five (5) feet.
E. Building Standards.
1
Building Materials. No Tess than twenty (20) percent of the front building facade of
atone coverage to tcn (10) percent.
2. Garage Size. A double shall be constructed as a part of any single family home.
3. Garage Frontage. From side building line to side building line of any single family
Lino Lakes Zoning Ordinance draft F
Amended Per Ordinance 01 -10 & 02 -11
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2012
Residential Districts
5. Building Size.
building dimensions shall be as follows:
Rambler
1 1/2 Story
Split Foyer /Entry
Two Story
1,260 square feet
1,092 square feet
1,2 '18 square feet
1,010 square feet
F. Height Regulations. No building shall be erected or structurally altered to exceed
thirty five (35) feet in height.
not be Ic's than fifty (50) feet in width.
building shall be erected, converted or structurally altered unless otherwise provided
1 Common open space.
2. Day care facilities (fourteen (14) or fewer persons).
health, safety and general welfare of the City.
4. Public /private parks.
5. Single family detached dwellings.
6. State licensed residential care facility serving six (6) or fewer persons.
7. Community Gardens operated by the city.
Accessory Uses. Subject to applicable provisions of this Ordinance, the following
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3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance.
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5. Non commercial greenhouses provided they do not exceed two hundred (200)
7 Radio and television receiving antennas, satellite dishes, TVROs three (3) meters or
operation of electronic equipment including radio receivers, ham radio transmitters and
-
8. Recreational vehicles and equipment per Section 3, Subd. 4.P of this Ordinance.
9. Signs, as regulated by Appendix C of thc City Code.
for the enjoyment and convenience of the residents of the principal use and their guests.
Section 2, Subd. 2 of this Ordinance.
1. Cemeteries provided that:
a. At minimum, thc site acoo&ses on a collector street.
b. Whcrc abutting a rural or residential zoning district, the periphery of thc site shall be
2. Commercial outdoor recreational areas including golf courses, country clubs, driving
range, swimming pools, and similar facilities provided that:
b. Not more than five (5) percent of the land arca of thc site be covered by buildings or
structures.
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d. The site must be accessed via a collector street or arterial street.
a. Day care facility has access to municipal sewer and water.
screening shall comply with the applicable provisions of Section 3, Subd. 4.Q of this
0rd+nance.
0.
Minnesota Department of H alth and Human Services regulations, as may be amended.
�. Public, Educational or Religious Buildings. Public or semi public recreational
institutions limited to nursery, elementary, junior high and senior high schools; and religious
•• • • • a a a •
b.
Adequate screening from abutting residential uses and landscaping is provided in
c.
Adequate off - street parking and aceogs is provided on the site or on lots directly
Section 3, Subd. 5. of this Ordinance and that such parking is adequately screened and
a_ •
5. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this
K. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance,
the following uses are allowed by administrative permit, as may be approved by the Zoning
Administrator:
1. Personal wireless service antennas as secondary uses as regulated by Section 3,
Subd. 15 of this Ordinance.
2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this
0rdire-
Lino Lakes Zoning Ordinance draft February, 2012 Residential Districts
Amended Per Ordinance 01 -10 & 02 -11
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gross floor arca of thc principal building.
/1. Transient Merchants.
L.
Interim Uses. Subject to applicable provisions of this Ordinance, thc following arc
1 None.
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Residential Districts
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Subd. 4. R -2, Two Family Residential District.
A. Purpose. This district is intended to provide a residential atmosphere for those
persons desiring a single family neighborhood with a suburban density. This district
is intended for development of single and two family detached homes on Tots served
with public sewer and water: no land shall be zoned R -2 unless the site is within the
MUSA and city sanitary sewer and city water are available. Land to be zoned R 2
must be in a Medium Density land use category according to the comprehensive
plan, and development density must fall within 3 6 units per acre, based on
buildable area. Land to be zoned R -2 shall be served with public sanitary sewer and
water; shall be in a Low Density Residential or Medium Density Residential land use
category according to the comprehensive plan; and development density shall be
consistent with the land use category.
B. Lot and Yard Requirements.
1. Minimum Lot Size. Lot size shall consist of contiguous buildable land as
defined by Section 1, Subd. 2.B.
a. Two Family.
1) Base Lots. Fifteen thousand (15,000) square feet.
2) Unit Lots. Seven thousand five hundred (7,500) square feet.
b. Single Family. Seven thousand five hundred (7,500) square feet.
Ten thousand eight hundred (10,800) square fcet.
2. Minimum Lot Width.
a. Two Family.
1) Base Lots. One hundred (100) feet.
2) Unit Lots. Fifty (50) feet.
b. Single Family.
1) Interior Lots. Sixty (60) Eighty (80) feet.
2) Corner Lots. Eighty (80) One hundred (100) feet.
3. Minimum Lot Depth. One hundred y twenty -five (145125) feet.
a. Double Frontage Lots. One hundred forty thirty -five (1 45135) feet.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
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Residential Districts
4. Building Setbacks. (The greater of the following:)
a. From Streets (Principal and Accessory Buildings).
1) Local Street. Thirty (30) Twenty-five (25) feet.
2) Collector or Arterial Street. Forty (40) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) Twenty-five (25) feet.
2) Accessory Building. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
d. Zero Lot Line. Side yard setback requirements shall not be applied
to a common wall of a two family dwelling unit.
5. Buffer. Where a side or rear lot line abuts a collector or arterial street a
fifteen (15) foot wide buffer shall be provided in accordance with Section
3.Subdivision 4.Q.
C. Impervious Surface Coverage Area. The impervious surface of the property
shall not exceed forty percent (40%) in a Low Density Residential land use area, or
fifty percent (50%) in a Medium Density Residential land use area. In no event shall
more than sixty five (65) percent of the lot area resulting in less than thirty five (35)
percent pervious landscaped area.
D. Building Design Standards.
1. Floor Area. The minimum floor footprint area, less garage area, for single
shall be 850 square feet for single family dwellings and 800 square feet for
and two family dwelling units. measured using the outside building
dimensions shall be as follows:
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01-10 & 02-11
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Residential Districts
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3 Bedroom Rambler
2 Bedroom Rambler
1 1/2 Story
Split Foyer /Entry
Split Level 3 level minimum
Two Story
1,050 square feet
1,010 square feet
980 square feet
980 square feet
980 square feet
850 square fect
b. Two Family Dwellings. Eight hundred (800) square fect first floor
bedroom,
G2. All dwellings without basements in this district shall be required to provide an
additional one hundred (100) square feet of floor area to house utilities.
23. Garages. All single family dwellings shall have a double garage and shall
comply with the following:
a. Compliance with the Building Type and Construction Standards of
Section 3. Subdivison 4.B, and
b. All garages, except side or rear loaded garages. shall not protrude
forward of the front wall of the house, unless the house includes a
front porch that is unenclosed, a minimum of 8 feet in depth, and
extends across 100 percent of the front facade of the house. The
garage shall then not protrude forward of the front porch. and
c. If the garaqe door faces the street, the length of the garage wall
facing the street shall not be greater than fifty percent (50 %) of the
length of the entire front facade of the structure; except on houses
that comply with all of the following conditions:
1) The second floor living space extends over the two -car portion
of the garage; and
2) The garage doors are decorative and have a strip of windows;
and
3) Garages in excess of two stalls shall be broken up so the
additional stalls are recessed four feet from the main garage
facade; and
4) Garage width does not exceed 32 feet.
4 All two family dwellings shall comply with the Design and Construction
Sstandards of Section 3, Subd.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
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Residential Districts
E. Height Regulations. No two family dwelling shall hereafter be erected or
structurally altered to exceed thirty -five (35) feet in height.
F Sanitary Sewer. No R -2 subdivision creating a lot of Tess than ten (10) acres shall
be permitted in this district without public sanitary sewer and water.
G. Permitted Uses. In the R -2 District, no building or land shall be used and no
building shall be erected, converted or structurally altered unless otherwise provided
herein, except for one or more of the following uses:
1. Day care facilities 4 serving sixteen (16) fourteen (14) or fewer persons }.
2. Governmental and public regulated utility buildings and structures necessary
for the health, safety, and general welfare of the City.
3. Public parks.
4. Single family detached dwellings.
5. State licensed residential care facility serv+cinge sixteen (16) or fewer
persons.
6. Two family dwellings.
7. Community Gardens operated by the city.
H. Accessory Uses. Subject to applicable provisions of this Ordinance, the
following are permitted accessory uses in the R -2 District:
1. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D. of this Ordinance.
2. Accessory apartments within single family homes as regulated by Section 3,
Subd. 4-0-9 of this Ordinance.
3. Fences per Section 3, Subd. 4.R of this Ordinance.
4. Home occupation Level A as regulated by Section 3, Subd. 8 of this
Ordinance.
5. Non - commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
Lino Lakes Zoning Ordinance drat February 2012 Residential Districts
Amended Per Ordinance 01 -10 & 02 -11
6 -20
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6. Parking and car ports for licensed and operable passenger cars and trucks.
7 Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or Tess in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
8. Parking of Rrecreational vehicles and equipment per Section 3, Subd.
of this Ordinance.
9. Signs as regulated by Appendix CChapter 1010 of the City Code.
10. Swimming pools, sport courts, and other recreational facilities which are
operated for the use of the residents of the principal use and their guests - as
regulated by Section 3, Subd. 4.D. This does not include racing /riding
courses for off -road vehicles.
Conditional Uses. The following are conditional uses in the R -2 District: These
uses require a conditional use permit based on the criteria and procedures outlines
in Section 2, Subd. 2 of this Ordinance.
1. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site shall be accessed via a collector street or arterial street.
2. Day care facilities (exceeding_ fourteen serving more than sixteen (4416)
persons) provided that:
a. Such day care facility has access to municipal sewer and water or has
adequate private sewer and water to protect the health and safety of
all persons who occupy the facility.
Lino Lakes Zoning Ordinance draft.Febr'uary 2012
Amended Per Ordinance 01 -10 & 02 -11
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Residential Districts
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
3. Manufactured home parks, provided they meet all requirements of Section 6,
Subd. 7.
10 of this Ordinance.
4. 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, mosques, and synagogues provided
that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. 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 Section 3, Subd. 5 of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3, Subd. 4.Q of this Ordinance.
5. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this
Ordinance.
J. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this
Ordinance.
3. Open Air Market accessory to an institutional use and limited in area to
25% of the gross floor area of the principal building.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -22
Residential Districts
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4. Transient Merchants.
K. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R -2 District and governed by Section 2, Subd. 3 of this
Ordinance:
1. None.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -23
Residential Districts
Subd. 5. R -3, Medium Density Residential District.
A. Purpose. This district is intended to provide setting for multiple family structures of
up to eight (8) dwelling units per building in areas that have good thoroughfare
access, have proper relationship to other uses, and are accessible to major activity
centers, recreation areas and shopping areas. No land shall be zoned R 3 unless
the site is within the MUS/\ and city sanitary sewer and city water are available.
Land to be zoned R -3 shall be served with public sanitary sewer and water; shall be
in a Medium Density Residential land use category according to the comprehensive
plan; and development density shall be consistent with that land use category.
as applicable, shall however remain in full force and effect.
B. Lot and Yard Requirements.
1. Minimum Lot Size. Lot size shall consist of contiguous buildable land as
defined by Section 1, Subd. 2.B.
a. Base Lots.
1) Two Family Dwellings. Fourteen thousand (14,000) square
feet.
2) Townhomes /Quadraminium and Other Multiple Family
Dwellings. Twenty four thousand (24,000) square feet.
b. Unit Lot. The minimum unit lot requirements for two family
dwellings, townhomes, and quadraminiums shall be the minimum
porches of the individual dwelling units.
2. Minimum Lot Width.
a. Base Lots. One hundred (100) feet.
b. Unit Lot. Twenty four (24) feet.
Lino Lakes Zoning Ordinance draft February '2012 Residential Districts
Amended Per Ordinance 01 -10 & 02 -11
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3. Minimum Lot Depth. There is no minimum lot depth in the R-3 zoning
district.
31. Building Setbacks. (The greater of the following:)
a. From Streets (Principal and Accessory Buildings).
1) Residential Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
3) Parking Lot from street. Fifteen (15) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
3) Parking Lot. Five (5) feet.
c. Side Yard.
1) Principal Building. Ten (10) feet.
2) Accessory Building. Five (5) feet.
3) Parking Lot. Five (5) feet.
d. Zero Lot Line. Side yard setback requirements shall not be applied to
a common wall of mufti-family a two family dwelling units.
e. From Low Density Residential. Principal buildings shall be a
minimum of thirty-five (35) feet from any land guided for low density
residential.
5. Buffer. Where a side or rear lot line abuts land guided for low density
residential, a collector street, or an arterial street a twenty (20) foot wide
buffer shall be provided in accordance with Section 3.Subdivision 4.Q.
C. Impervious Surface Coverage Area. The impervious surface of the property shall
not exceed fifty percent (50%) in a Medium Density Residential land use area, or
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01-10 & 02-11
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Residential Districts
sixty-five percent (65%) in a High Density Residential land use area. in-nO-event
(35) percent pervious landscaped area.
•
F Height Regulations. No multiple family dwelling in the R 3 District shall exceed
the height of thirty six (36) feet in height .
GD. Building Design Standards.
1. Floor Area. The minimum livable floor area for each multiple family dwelling
unit shall be seven hundred (700) square feet plus seventy (70) one hundred
(100) additional square feet for each bedroom.
Efficiency Unit
One Bedroom Unit
Two Bedroom Unit
Thrce Bcdroom Unit
Four Bedroom Unit
690 square feet
800 square feet
920 square feet
1,010 square feet
1,160 square fcet
hundrecl-fifty-(450) square-feet-per-unit,
2. Utility Area. Dwellings with dedicated individual access shall be required to
provide an additional one hundred (100) square feet of floor area to house
utilities, unless a basement is present. Dwellings with shared access shall
be required to provide adequate floor area within the building to house
utilities.
3. All dwelling units shall have parking provided in accordance with Section 3.
Subdivision 5.F
4. All two family dwellings, townhomes, and multiple family dwellings shall
comply with the Design and Construction Standardsrequirements of Section
3, Subd. 4. B .2-and-4,1?4,
3. Buffer. Where a side or rear lot line in an R 3 District abuts an R, R X, R 1,
R 1X, R EC, or R 2 District, or public road right of way, a landscape buffer
ar a not lcss than twenty (20) feet in depth shall bc provided along such sidc
or-rear-lot line and shall contain landscaping, planting, berming or other
4.• 4.4 .•
E. Height Regulations. No building shall be erected or structurally altered to exceed
the height of the greater of three stories or thirty-six (36) feet in height except as
allowed by Section 3. Subd. 4.C.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01-10 & 02-11
6-26
Residential Districts
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F. Sanitary Sewer. No R -3 subdivision creating a lot of less than ten (10) acres shall
be permitted in this district without public sanitary sewer and water.
MG. Permitted Uses. In the R -3 District, no building or land shall be used and no
building shall be erected, converted or structurally altered unless otherwise provided
herein, except for one or more of the following uses:
1. Day care facilities (serving sixteen (16) or fewer persons).
2. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
3. Multiple dwellings containing eight (8) units or less.
4. Public parks.
5. State licensed residential care facility serving sixteen (16) or fewer persons.
6. Townhomes and quadraminiums.
7. Two family dwellings.
8. Community Gardens operated by the city.
tH. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R -3 District:
1. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D. of this Ordinance.
2. Fences per Section 3, Subd. 4.R of this Ordinance.
3. Home occupation Level A as regulated by Section 3, Subd. 8 of this
Ordinance.
4. Non - commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
5. Parking and car ports for licensed and operable passenger cars and trucks.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or Tess in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -27
Residential Districts
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
7 Parking of Rrecreational vehicles and equipment per Section 3, Subd. 1.P
5.K. of this Ordinance.
8. Signs as regulated by A dF C- Chapter 1010 of the City Code.
9. Swimming pools, sport courts, and other recreational facilities which are
operated for the use of the residents of the principal use and their guests - as
regulated by Section 3, Subd. 4.D. This does not include racing /riding
courses for off -road vehicles.
41. Conditional Uses. The following are conditional uses in the R -3 District: These
uses require a conditional use permit based upon the criteria and procedures
outlined in Section 2, Subd. 2. of this Ordinance.
1. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site shall be accessed via a collector street or arterial street.
2. Day care facilities (eeedingserving more than sixteen (16) persons)
provided that:
a. Such day care facility has access to municipal sewer and water or has
adequate private sewer and water to protect the health and safety of
all persons who occupy the facility.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
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Amended Per Ordinance 01 -10 & 02 -11
6 -28
Residential Districts
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3. Manufactured home parks, provided they meet all requirements of Section 6,
Subd. 7.
10 of this Ordinance..
43. 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, mosques, and synagogues provided
that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off - street parking and access is provided on the site or on
Tots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5. of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3. Subd. 4.Q of this Ordinance.
5/1. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this
Ordinance.
KJ. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed by administrative permit, as may be
approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this
Ordinance.
3. Open Air Market accessory to an institutional use and limited in area to 25%
of the gross floor area of the principal building.
4. Transient Merchants.
LK. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R -3 District and governed by Section 2, Subd. 3 of this
Ordinance.
1. None.
Lino Lakes Zoning Ordinance
Amended Per Ordinance 01 -10 & 02 -11
d ,€t February 2012 Residential Districts
6 -29
Subd. 6. R -4, High Density Residential District.
A. Purpose. This district is intended to provide setting for multiple family housing in
areas that have good thoroughfare access, have proper relationship to other uses,
and are accessible to major activity centers, recreation areas and shopping areas.
•
Land to be zoned R -4 shall be served with
public sanitary sewer and water; shall be in a High Density Residential land use
category according to the comprehensive plan; and development density shall be
consistent with that land use category.
-
be based on the buildable area.
B. Lot and Yard Requirements.
1. Minimum Lot Size. Lot size shall consist of contiguous buildable land as
defined by Section 1, Subd. 2.B.
a. Base Lots.
1) Two Family. Twelve thousand (12,000) square feet.
2) Townhome /Quadraminium and Other Multiple Family
Dwellings. Twenty thousand (20,000) square feet.
b. Unit Lot.
The minimum unit lot requirements for two family
area necessary to include the living arca, garages, decks, patios, or
porches of the individual dwelling units.
2. Minimum Lot Width.
a. Base Lots. One hundred (100) feet.
b. Unit Lot. Twenty four (24) feet.
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Amended Per Ordinance 01 -10 & 02 -11
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3. Minimum Lot Depth. There is no minimum lot depth in the R-4 zoning
district.
43. Building Setbacks. (The greater of the following:)
a. From Streets.
1) Residential Street. Thirty (30) feet.
2) Collector or Arterial Street. Forty (40) feet.
3) Parking Lot From Street. Fifteen (15) feet.
b. Rear Yard.
1) Principal Building. Thirty (30) feet.
2) Accessory Building. Five (5) feet.
3) Parking Lot. Five (5) feet.
c. Side Yard.
1) Principal Building. Twenty (20) feet.
2) Accessory Building. Five (5) feet.
3) Parking Lot. Five (5) feet.
d. Zero Lot Line. Side yard setback requirements shall not be applied
to a common wall of mufti-family a two family dwelling units.
e. From Low Density Residential District. Principal buildings shall be a
minimum of thirty-five (35) feet from any land guided for low density
residential.
5. Buffer. Where a side or rear lot line abuts land guided for low density
residential, a collector street, or an arterial street a fifteen (20) foot wide
buffer shall be provided in accordance with Section 3.Subdivision 4.0.
E.C. Impervious Surface Coverage Area. The impervious surface of the property shall
not exceed sixty-five percent (65%). In no event shall off street parking space,
e - e
percent of the lot arca—resulting in less than thirty five (35) percent pervious
landscaped area.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01-10 & 02-11
6-31
Residential Districts
F Height Regulation. No R 4 multiple family dwelling building shall exceed four (4)
permit,
GD. Building Design Standards.
1. Floor Area. The minimum livable floor area for each multiple family dwelling
unit shall be seven hundred (700) square feet plus seventy (70) eked
( 88) additional square feet for each bedroom.
Utility Area. Dwellings with dedicated individual access shall be required to
provide an additional one hundred (100) square feet of floor area to house
utilities, unless a basement is present. Dwellings with shared access shall
be required to provide adequate floor area within the building to house
utilities.
3. All dwellings shall provide parking in accordance with Section 3. Subdivison
S.K.
4. All two family dwellings, townhomes and multiple family dwellings shall
comply with the Design and Construction Standards term iirements of Section
3, Subd. 4.B.2 and 4.B.3.
3. Buffer. Where a side or rear lot line in an R 4 District abuts an R, R X, R 1,
R 1X, R EC, or R 2 District, or public road right of way, a landscape buffer
screening suitable to provide an effective visual screen.
E. Height Regulation. No building shall be erected or structurally altered to exceed
forty -five (45) feet in height —or, for a multiple dwelling building, the greater of four
(4) stories or forty -five (45) feet — except as allowed by Section 3, Subd. 4.C.
F. Sanitary Sewer. No R -4 subdivision creating a lot less than ten (10) acres shall be
permitted in this district without public sanitary sewer and water.
HG. Permitted Uses. In the R -4 District, no building or land shall be used and no
building shall be erected, converted or structurally altered unless otherwise provided
herein, except for one or more of the following uses:
1. Day care facilities (serving sixteen (16) or fewer persons).
2. Governmental and public regulated utility buildings and structures necessary
for the health, safety and general welfare of the City.
Lino Lakes Zoning Ordinance draft F'ebruai
Amended Per Ordinance 01 -10 & 02 -11
6 -32
2012
Residential Districts
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3. Multiple family dwellings.
4. Public parks.
5. State licensed residential care facility serving sixteen (16) or fewer persons.
6. Townhomes and quadraminiums.
7. Two family dwellings.
8. Community Gardens operated by the city.
1H. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R -4 District:
1. Accessory buildings including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D. of this Ordinance.
2. Fences per Section 3, Subd. 4.R of this Ordinance.
3. Home occupation Level A as regulated by Section 3, Subd. 8 of this
Ordinance.
4. Non - commercial greenhouses provided they do not exceed two hundred
(200) square feet in area.
5. Parking and car ports for licensed and operable passenger cars and trucks.
6. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or less in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
7 Parking of Rrecreational vehicles and equipment per Section 3, Subd. 1I.P
5.K. of this Ordinance.
8. Signs as regulated by A +x- CChapter 1010 of the City Code.
9. Swimming pools, sport courts, and other recreational facilities which are
operated for the use of the residents of the principal use and their guests - as
regulated by Section 3, Subd. 4.D. This does not include racing /ridinq
courses for off -road vehicles.
Lino Lakes Zoning Ordinance draft February 2012 Residential Districts
Amended Per Ordinance 01 -10 & 02 -11
6 -33
JI. Conditional Uses. The following are conditional uses in the R -4 District: These
uses require a conditional use permit based upon the criteria and procedures
outlined in Section 2, Subd. 2. of this Ordinance.
1. Clinics, hospitals and nursing homes provided that:
a. Side yards are double the minimum requirements established for this
district and are screened in compliance with Section 3, Subd. 4.Q of
this Ordinance.
b. Only the rear yard shall be used for play or recreational areas. Said
area shall be fenced and controlled and screened in compliance with
Section 3, Subd. 4.Q of this Ordinance.
c. The site shall be served by an arterial or collector street of sufficient
capacity to accommodate traffic which will be generated.
d. All signing and informational or visual communication devices shall be
in compliance with Appendix C of the City Code.
e. All State Statutes and regulations governing such use are strictly
adhered to and all required operating permits are secured.
f. Adequate off - street parking is provided in compliance with Section 3,
Subd. 5. of this Ordinance.
g.
Adequate off - street loading space is provided in compliance with
Section 3, Subd. 6. of this Ordinance.
2. Commercial outdoor recreational areas including golf courses, country clubs,
driving ranges, swimming pools, and similar facilities provided that:
a. The principal use, function or activity is open, outdoor in character.
b. Not more than five (5) percent of the land area of the site be covered
by buildings or structures.
c. When abutting a residential use and a residential use district, the
property is screened and landscaped in compliance with Section 3,
Subd. 4.Q of this Ordinance.
d. The site shall be accessed via a collector street or arterial street.
3. Day care facilities (exceeding serving more than sixteen (16) persons)
provided that:
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -34
Residential Districts
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a. Such day care facility has access to municipal sewer and water or has
adequate private sewer and water to protect the health and safety of
all persons who occupy the facility.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
4. Funeral homes and mortuaries provided that:
a. The site and related parking and service entrances are served by an
arterial or collector street or sufficient capacity to accommodate the
traffic which will be generated.
b. Adequate off - street parking is provided in compliance with Section 3,
Subd. 5. of this Ordinance.
c. Adequate off - street loading is provided in compliance with Section 3,
Subd. 6. of this Ordinance.
d. Vehicular entrances to parking or service areas shall create a
minimum of conflict with through traffic movement.
e. When abutting residential zoning districts, a buffer area with
screening and landscaping in compliance with Section 3, Subd. 4.Q of
this Ordinance shall be provided.
f. All signing and information or visual communications devices shall be
in compliance with Appendix C of the City Code.
5. Manufactured home parks, provided they meet all requirements of Section 6,
Subd. 7.
a. The architectural appearance of the building shall not be so dissimilar
to the existing neighboring buildings as to cause impairments in
distance of the lot.
Lino Lakes Zoning Ordinance drafi Fehr iary 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -35
Residential Districts
calculated by thc Building Code, which is above thc maximum
c. The construction does not limit solar access to abutting and /or
neighboring properties
6. Planned unit development residential regulated by Section 2, Subd. 10 of
this Ordinance.
76. 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, mosques, and synagogues provided
that:
a. Side yard setbacks shall not be less than fifty (50) feet.
b. Adequate screening from abutting residential uses and landscaping is
provided in compliance with Section 3, Subd. 4.Q of this Ordinance.
c. Adequate off - street parking and access is provided on the site or on
Tots directly abutting or directly across a public street or alley to the
principal use in compliance with Section 3, Subd. 5. of this Ordinance
and that such parking is adequately screened and landscaped from
surrounding and abutting residential uses in compliance with Section
3. Subd. 4.Q of this Ordinance.
67. Home Occupation Level C as regulated by Section 3, Subdivision 8 of this
Ordinance.
KJ. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed in the R -4 District by administrative
permit, as may be approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Home Occupation Level B as regulated by Section 3, Subdivision 8 of this
Ordinance.
3. Open Air Market accessory to an institutional use and limited in area to 25%
of the gross floor area of the principal building.
4. Transient Merchants.
Lino Lakes Zoning Ordinance draft February 2012 Residential Districts
Amended Per Ordinance 01 -10 & 02 -11
6 -36
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LK. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R -4 District and governed by Section 2, Subd. 3 of this
Ordinance.
1. None.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -37
Residential Districts
Subd. 7. R -6, Manufactured Home Park District.
A. Purpose. This district is intended to provide opportunities whereby manufactured
housing may be located on a leased or rented site in a planned community. This
district is intended to provide opportunities for almost all types of manufactured
homes including those which may not be able to meet the design standards
established in other residential districts. All manufactured home parks are required
to conform to the provisions of this section and other appropriate sections of this
Ordinance. Land to be zoned R -6 and any new manufactured home park shall be
served with public sanitary sewer and water; and the density of the park shall be
consistent with the land use category according to the Comprehensive Plan. No
new land shall be zoned R 6, Manufacturcd Homc Park District unies the site or
available.
B. Lot and Yard Requirements.
1. Minimum Park Size. Five (5) acres.
2. Minimum Lot or Site Size. Six thousand (6,000) square feet per unit
exclusive of roadways, walkways or other property used for park purposes.
3. Minimum Lot or Site Width. Sixty (60) feet measured at right angles to its
side lines.
4. Setbacks. (The greater of the following:)
a. From Public Streets.
1) Local Street. Thirty (30) feet.
2) Collector Street. Forty (40) feet.
b. Front Yard.
1) Private Park Street. Twenty (20) feet.
2) Common Park Walk. Ten (10) feet.
c. Rear Yard. Ten (10) feet.
d. Side Yard. Ten (10) feet. Side yard setback for interior lot lines may
be reduced to zero, if it is part of an overall park plan to maximize
private yard space for each unit. This zero side yard setback
allowance will only be permitted if the distance to the manufactured
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -38
Residential Districts
•
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home that shares that side lot line is at least thirty (30) feet in
distance.
e. There shall not be Tess than twenty (20) feet of space between
manufactured homes in all directions.
f. From Low Density Residential. Principal buildings shall be a minimum
of thirty -five (35) feet from any land guided for low density residential.
R RX R1 R 1X R EC R 2 R 3 R 4 Zonin• Districts. Thirty (30)
feet,
5. Buffer. Where a side or rear lot line abuts land guided for low density
residential, a collector street, or an arterial street a twenty (20) foot wide
buffer shall be provided in accordance with Section 3.Subdivision 4.Q.
C. Park Requirements.
1. Skirt. All manufactured homes shall have skirts around the entire unit made
of metal, plastic, fiberglass or comparable, non - combustible material
approved by the Building Official and shall be finished to be harmonious with
the manufactured home so that it will enhance the general appearance
thereof.
2. Parking. The parking of more than one (1) manufactured home on any
single lot shall not be permitted.
3. Fire Protection. Fire protection shall be in accordance with Minnesota
Health Department Rule 187 Fire Protection Regulations. Each occupied
manufactured home shall be equipped with a Fire Marshal approved type
extinguisher in usable condition. The occupant of a manufactured home
shall be responsible for providing such extinguisher.
4. Support and Tie Down Systems. The Minnesota Department of
Administration Building Code Division Rules for Manufactured Home Support
and Tie Down Systems, authorized by Minnesota Statutes Section 327.31 to
327.34, are hereby adopted by reference and made a part of this Ordinance
as if fully set forth herein. All new and relocated manufactured homes shall
be equipped with an anchoring and support system as defined and approved
by state rules.
5. Construction Material Storage. All construction materials not currently in use
for construction shall be stored indoors, or totally screened from the eye level
view from public streets and adjacent properties.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -39
Residential Districts
6. Drainage. Every manufactured home park shall be located on a well
drained area and the premises shall be properly graded so as to prevent the
accumulation of storm or other waters.
7 Common Walks. Where deemed necessary, common walks shall be
provided. Such walks shall be a minimum width of three (3) feet.
8. Individual Walks. All manufactured homes shall be connected to common
walks, to paved streets, or to paved driveways or parking spaces connecting
to a paved street. Such individual walks shall have a minimum width of two
(2) feet.
9. Patio. A patio may be constructed on the ground beside each manufactured
home parking space; this patio shall be not greater than one hundred fifty
(150) square feet in area and constructed of concrete with a minimum
thickness of four (4) inches or approved equal.
10. Shade Tree. At least one (1) shade tree (minimum diameter two (2) inches
at time of planting) shall be placed and maintained on each site or lot.
11. Landscaping. Except for the areas used for the manufactured home, patio,
walkways and off - street parking space, the entire site or lot shall be sodded,
seeded or adequately landscaped.
12. Screening. Where a manufacturcd homc park site abuts upon a R, R X, R
1312. Street Access. Each unit shall abut on and have access to a street. This
street shall be constructed according to standards approved by the City.
1-413. Curbing. A concrete curb and gutter shall be constructed on each side of
the street and the face of its curb shall be at least fifteen (15) feet from the
centerline of said street; the design shall be of a type approved by the City.
1514. Speed Limit. Speed limit signs shall be clearly posted throughout the
manufactured home park. Ten (10) miles per hour shall be the maximum
speed posted.
1615. Parking.
a. Each manufactured home site shall have off - street parking space
paved with concrete and /or bituminous for two (2) automobiles.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -40
Residential Districts
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b. Each manufactured home park shall maintain a hard surfaced off -
street parking lot for guests of occupants of at least one (1) space for
each five (5) manufactured home lots.
c. Access drives off roads to all parking spaces and manufactured home
lots shall be surfaced with concrete or bituminous according to
specifications established by the City.
d. There shall be a separate area of storage provided for boats, boat
trailers, travel trailers, etc. The area shall be located away from any
public road and shall be fenced and screened from view of public road
and adjacent properties.
1716. Utilities.
a. All manufactured homes shall be served by a central water and
sanitary sewer system.
b. All utilities shall be underground. There shall be no overhead wires or
supporting poles except those essential for street or other lighting
purposes.
c. Access in the skirting shall be provided to allow the inspection of
plumbing, electrical facilities and related manufactured home
equipment.
d. Water facilities, sewage disposal and street lighting shall be installed
and maintained by the owner of the manufactured home park and
shall meet all appropriate standards established by the City.
1817. Street Lighting. The park shall have a street lighting plan approved by the
City.
4918. Accessory Buildings. Any accessory building for outside storage of
equipment or refuse shall be constructed of weather resistant material and
be finished in a manner conforming with the appearance of the principal
dwelling and shall be consistent in appearance with the other accessory
buildings in the manufactured home park.
2019. Community Building. All manufactured home parks may have a central
community building with laundry drying areas and washing machines.
2420. Emergency Storm Protections. Manufactured home parks established prior
to 1 July 1993 shall comply with emergency room protections as required by
Minnesota Statutes. A new manufactured home park established after 1 July
1993 shall have storm shelters in compliance with Minnesota Statutes.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -41
Residential Districts
Additionally, all emergency storm protection measures shall be subject to the
approval of the City Council.
2221. Recreational Space. All manufactured home parks shall have at least ten
(10) percent of the land area developed for recreational use (sport courts,
children's play equipment, swimming pool, golf green, etc.) developed and
maintained at the owner's expense.
2322. Refuse Handling. The handling of refuse shall be in compliance with the
applicable provisions of Section 3, Subd. 4.GE of this Ordinance. The refuse
handling shall be allowed provided such equipment is screened from
adjacent uses, and all public and private street rights -of -way.
D. Permitted Uses. In the R -6 District, unless otherwise provided in this Ordinance,
no building or land shall be used and no building shall be erected or structurally
altered except for one or more of the following uses:
1. Community /recreation buildings.
2. Manufactured homes.
3. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15. of this Ordinance.
4. Community Gardens operated by the city.
5. Day care facilities serving fourteen (14) or fewer persons.
6. State licensed residential care facility serving six (6) or fewer persons.
E. Accessory Uses. Subject to applicable provisions of this Ordinance, the following
are permitted accessory uses in the R -6 District:
1. Accessory buildings, including garages, tool houses, sheds and similar
buildings for storage of domestic supplies and equipment, as regulated by
Section 3, Subd. 4.D. of this Ordinance.
2. Civil defense buildings /storm shelters.
3. Community laundry facilities, park office, recreational building(s) provided
such structures are of a permanent nature and comply with the provisions of
the State Building Code.
4. Fences per Section 3, Subd. 4.R of this Ordinance.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -42
Residential Districts
•
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5. Radio and television receiving antennas, satellite dishes, TVROs three (3)
meters or Tess in diameter, short-wave radio dispatching antennas, or those
necessary for the operation of electronic equipment including radio receivers,
ham radio transmitters and television receivers as regulated by Section 3,
Subd. 15 of this Ordinance.
6. Signs as regulated by Appendix C Chapter 1010 of the City Code.
7 Swimming pools, sport courts, and other recreational facilities which are
operated for the use of the residents of the principal use and their guests - as
regulated by Section 3, Subd. 4.D. This does not include racing /riding
courses for off-road vehicles.
F Conditional Uses. The following are conditional uses in the R -6 District: These
uses require a conditional use permit based on the criteria and procedures outlined
in Section 2, Subd. 2. of this Ordinance.
1. None.
Day care facilities serving more than fourteen (14) persons provided that:
a. Day care facility has access to municipal sewer and water.
b. Screening is provided along shared property boundaries. Such
required fencing and screening shall comply with the applicable
provisions of Section 3, Subd. 4.Q of this Ordinance.
c. All day care facility operations comply with the minimum requirements
of the Minnesota Department of Health and Human Services
regulations, as may be amended.
G. Uses by Administrative Permit. Subject to applicable provisions of this
Ordinance, the following uses are allowed in the R -6 District by administrative
permit, as may be approved by the Zoning Administrator:
1. Personal wireless service antennas as secondary uses as regulated by
Section 3, Subd. 15 of this Ordinance.
2. Transient Merchants.
H. Interim Uses. Subject to applicable provisions of this Ordinance, the following are
interim uses in the R -6 District and governed by Section 2, Subd. 3. of this
Ordinance.
1. None.
Lino Lakes Zoning Ordinance draft February 2 012
Amended Per Ordinance 01 -10 & 02 -11
6 -43
Residential Districts
Review and Approval Procedures. No person shall establish, develop, extend or
enlarge a manufactured home park within the City of Lino Lakes without first
obtaining sit approval from the City Council with review by the Planning and
Zoning Board. Approval shall be granted only upon compliance with all of the
following:
1. Planning and Zoning Board Review. The Planning and Zoning Board shall
review all applications for manufactured home parks and may shall hold
public hearings as deemed necessary or proper. The findings and
recommendations of the Planning and Zoning Board shall be forwarded to
the City Council for action.
2. Approval or Denial. The City Council shall consider and act on the
application for site plan approval. Approval shall be granted only upon
compliance with all of the procedures and requirements established in this
sestion ordinance.
3. Submission Requirements. Submission for manufactured home park
approval shall include the following:
a. All submittal requirements for a zoning amendment and /or conditional
use permit, as appropriate, required by Section 2. If the site is to be
subdivided, the submittal also must comply with the requirements of
Chapter 1001 of the City Code.
Twenty (20) copies of the manufactured home park plan showing-tile
following:
1) The extent and arca proposed for manufactured home park
purposes.
2) Locations for roads and driveways.
3) Location of sites or lots for manufactured homes.
scd disposition of surface drainage.
5) Proposed street surfacing and lighting.
6) Off street parking.
7) Patios.
8) Location of community building.
9) Location of recreation facilities.
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -44
Residential Districts
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10) Location of sidewalks.
11) Location of setback lines.
13) Any other information requested by the City Council.
b. Twenty (20) copics of detailed plans for construction and site
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Proof of Agency Review. The applicant shall provide proof that the
plans submitted have been approved by the State of Minnesota
Department of Health, and have satisfied all other federal, state,
county, city and watershed district laws and regulations.
54. Access. It shall be the duty of the park owner to give the Building Inspector
free access to all lots at reasonable times for the purposes of inspection.
Building Official.
Building Official.
e AM
2. Certificate of Occupancy. Upon receipt of an application for occupancy, the
Igill promptly inspect the installation to assure conformance
appropriate requirements.
certificate of occupancy to the installer. Permit shall state the date of
Lino Lakes Zoning Ordinance
Amended Per Ordinance 01 -10 & 02 -11
draft February 2012
6 -45
Residential Districts
Lino Lakes Zoning Ordinance draft February 2012
Amended Per Ordinance 01 -10 & 02 -11
6 -46
Residential Districts
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