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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 7% of Revenue O CO O (Amt collected in 2007) 5% of Revenue O LC) LC) Cr) M ti 0) O 0) O co co LO LC) O LC) 3% of Revenue O Cr) LO N- CO O co O LC) CA N O O O O O CD 1% of Revenue LC) LC) Lc M O Total Revenue N O N O 0) LC) CO 0) T- O Xcel Energy Natural Gas L d W CenterPoint Natural Gas 0) d 0 ea L L4 Z co d 0 U J 0 H 5 Z3 00 tn L v.„. 0 L L ti Q d U 0 S y O "O ti Z U U 3L. 0 U U Z ea • 110 ✓ 0 O O ''-1 •Z 42 U L. ti '0 :: 0 , U L U 0 M 0 "0 L 0 o L N. cn 0 0 0 0) 0 0 ti CS y O.) • ? o) U 12 months, etc. 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 Amended Per Ordinance 01 -10 & 02 -11 6 -6 • • 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 6 -7 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 Lino Lakes Zoning Ordinance draft February 2012 Residential Districts Amended Per Ordinance 01 -10 & 02 -11 6 -8 • • 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 Lino Lakes Zoning Ordinance draft February 2012 Amended Per Ordinance 01 -10 & 02 -11 6 -9 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. Lino Lakes Zoning Ordinance draft February 2012 Amended Per Ordinance 01 -10 & 02 -11 6 -10 Residential Districts • • • • 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 6 -11 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 6 -12 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 Lino Lakes Zoning Ordinance draft Fatima 2 "N2 Residential Districts Amended Per Ordinance 01 -10 & 02 -11 6 -13 0rdi e. • 3. Fences, as regulated by Section 3, Subd. 4.R of this Ordinance. .. • 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. Lino Lakes Zoning Ordinance draft: February 201 Amended Per Ordinance 01 -10 & 02 -11 6 -14 Residential Districts • 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 6 -15 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. Lino Lakes Zoning Ordinance draft February Amended Per Ordinance 01 -10 & 02 -11 6 -16 Residential Districts • • • 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 6 -17 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 6-18 Residential Districts • • • 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 6 -19 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 • • 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 6 -21 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 • • 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 6 -24 • • 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 6-25 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 • 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. Lino Lakes Zoning Ordinance draft February 2012 Amended Per Ordinance 01 -10 & 02 -11 6 -28 Residential Districts • • 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. Lino Lakes Zoning Ordinance draft February 2012 Amended Per Ordinance 01 -10 & 02 -11 6 -30 Residential Districts • • 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 • 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 • • 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 • • 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 • • 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 • • • • 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 • • 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 • 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 • - 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 • • •