The URL can be used to link to this page

Home My WebLink About05/11/2011 P&Z Packet• CITY OF LINO LAKES PLANNING & ZONING BOARD MEETING Wednesday, May 11, 2011 6:30 p.m. Council Chambers (Scheduled to be televised on Ch. 16) Please be courteous and turn off all electronic devices during the meeting. AGENDA I. CALL TO ORDER AND ROLL CALL II. APPROVAL OF AGENDA III. SWEARING IN OF BOARD MEMBERS — Mayor Jeff Reinert IV. ELECTION OF CHAIR AND VICE CHAIR V. APPROVAL OF MINUTES: February 9, 2010 and March 9, 2010 VI. OPEN MIKE VII. ACTION ITEMS A. CONTINUED PUBLIC HEARING to consider Amending the Conditional Use Permit for a motor fuel station to allow for the installation of new gas pumps and canopy, located at 7997 Lake Drive — Jeff Smyser B. PUBLIC HEARING to consider Amending Section 2 of the Zoning Ordinance which includes requirements for zoning amendments, conditional use permits, interim use permits, variances and appeals, administrative permits, site and building plan reviews, and planned unit developments — Jeff Smyser VIII. DISCUSSION ITEMS A. None IX. ADJOURN Meeting guidelines on reverse side. City of Lino Lakes Planning & Zoning Board MEETING GUIDELINES Open Mike — The purpose of a Board Meeting is to accomplish the business of the city. When presenting at a meeting please remember to be respectful, and follow these guidelines: • Please address the meeting chair • State your name and address for the record. • Please observe a 4- minute limit • The topic must relate to city business. • Open Mike is for items not on the agenda. • A spokesperson must represent a group of five or more — groups will have 8 minutes. • The Presiding Officer may limit duplicative presentations. • Remember, the meeting is to discuss city business only. Public Hearing - Held as a separate item of business on the agenda. The public hearing segment is your opportunity to tell the Board how you feel about issues scheduled to be heard. Typically, a hearing follows these steps: • The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all meetings. • Staff will present their report on the proposal. • Board members will then ask City Staff questions about the proposal. • The Presiding Officer will then open up the public hearing for anyone present who wishes to comment on the proposal. This is the time for the public to make comments or ask questions about the proposal. Comments should be limited to four (4) minutes unless further time is granted by the Presiding Officer. All comments should be directed to the Board as a body and not to any individual Board Member or City Staff Member unless permission is granted by the Presiding Officer. No person shall be permitted to enter into any discussion, either directly or through a member of the Board without the permission of the Presiding Officer. • After everyone in the audience wishing to speak has given his/her comments, the Presiding Officer shall close the public hearing. • The Board will then discuss the proposal. No further public comments are allowed. • The Board will then make a recommendation(s) and/or a decision. When you are called upon for your comments, please step to the microphone at the podium and state your name and address for the record. Occasionally, the Board may continue a hearing to another meeting before taking action. Meeting Etiquette The Planning & Zoning Board must preserve order and decorum while the meeting is in session. A resident shall not, by conversation or otherwise, delay or interrupt the proceedings or the business of the Board, nor disturb any resident or Board Member while speaking or refuse to obey the orders of the Board. • • II. APROVAL OF AGENDA CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT . STAFF PRESENT February 9, 2011 6:33 P.M. 7:21 P.M. Neil Evenson, Michael Hyden, Perry Laden, Robert Nelson, Brian Pogalz (Vice Chair), Michael Root Paul Tralle (Chair) Jeff Smyser, Paul Bengtson I. CALL TO ORDER AND ROLL CALL: Vice -Chair Pogalz called the Lino Lakes Planning and Zoning Board meeting to order at 6:33 p.m. on February 9, 2011. • The Agenda was approve amended. III. APPROVAL OF MINUTES: December 8, 2010 Mr. Laden made a MOTION to approve the December 8, 2010 Meeting Minutes. Motion was supported by Mr. Root. Motion carried 3 - 0. (Nelson abstained.) IV. OPEN MIKE Vice -Chair Pogalz declared Open Mike at 6:35 p.m. There was no one present for Open Mike. Mr. Laden made a MOTION to close Open Mike at 6:36 p.m. Motion was supported by Mr. Nelson. Motion carried 4 - 0. DRAFT MINUTES Planning & Zoning Board February 9, 2011 Page 2 V. ACTION ITEMS A. PUBLIC HEARING to consider Amending sections of Chapter 1010 of the City Code relating to the regulation of signs in election years Michael Hyden arrived at 6:36 p.m. City Planner, Jeff Smyser, presented the staff report. City Code Amendment. Staff addressed questions of the board. Staff recommended approval of the Board members suggested that the city consider limit' the size and material of noncommercial signage during non -state election years. It was suggested that staff refer to the existing city requirements for temporary signs. 32 Vice -Chair Pogalz declared the Public Hearing open at 7:10 p.m. There was no one present to speak. Mr. Hyden made a MOTION to Close ° public Hearing \ l0 p.m. Motion was supported by Mr. Nelson. Motion Mr. Laden made a MOTION to recommend approval °`� ending sections of Chapter 1010 of the City Code relating to the regulation of si s in election years, to include a revision to the proposed text that would replace all of the existing paragraphs (13)(a) and (b) and read as follows: (13) in Elect Fears: In state general election years, the provisions of Minnesota 211B.045, as amended, shall apply. Notwithstanding other provisions of this chapter g ting the allowed size or number of signs, in city election years all temporary nonco �;.rcials ,tom °of any size may be posted in any number without a p - from 46 da fore Ihe city election until ten days following the city elec� Other requi , ents of this chapter, including those regarding the location of signs, s ys „ ontinue to apply. Motion was supported by Mr. Evenson. Motion carried 4- 1. (Nelson voting nay.) VI. DISCUSSION ITEMS A. 2010 P &Z Board Action Summary Staff provided a summary of actions taken by the Planning & Zoning Board in 2010. DRAFT MINUTES • • • • • • Planning & Zoning Board February 9, 2011 Page 3 Staff agreed to email additional information to board members regarding the types of administrative permits that were issued in 2010. B. 2011 P &Z Board Meeting Dates Staff provided a isit of Planning & Zoning Board Meeting dates for 2011. Mr. Smyser noted that all meetings are scheduled to occur on the second Wednesday of each month, with no foreseen conflicts. VII. ADJOURNMENT Mr. Hyden made a MOTION to adjourn the meeting at 7:21 by Mr. Nelson. Motion carried 5- 0. Respectfully submitted, Dawn Bugge Community Development Assistant Motion was supported DRAFT MINUTES • • • CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES DATE TIME STARTED TIME ENDED MEMBERS PRESENT MEMBERS ABSENT . STAFF PRESENT March 9, 2011 6 :33 P.M. 7:13 P.M. Michael Hyden, Brian Pogalz (Vice Chair), Michael Root, Paul Tralle (Chair) Neil Evenson, Perry Laden, Robert Nelson Jeff Smyser, Jim Studenski I. CALL TO ORDER AND ROLL CALL: Chair Tralle called the Lino Lakes Planning and Zoning Board meeting to order at 6:33 p.m. on March 9, 2011. Board members Evenson, Laden and Nelson were not in attendance. II. APROVAL OF AGENDA The Agenda was approved without changes. III. APPROVAL OF MINUTES: February 9, 2011 The approval of minutes from February 9, 2011 was tabled to the next meeting. IV. OPEN MI Chair Tralle declared Open Mike at 6:34 p.m. There was no one present for Open Mike. Mr. Pogalz made a MOTION to close Open Mike at 6:35 p.m. Motion was supported by Mr. Hyden. Motion carried 3 - 0. DRAFT MINUTES Planning & Zoning Board March 9, 2011 Page 2 V. ACTION ITEMS A. PUBLIC HEARING to consider Amending the Conditional Use Permit for a motor fuel station to allow for the installation of new gas pumps and canopy located at 7997 Lake Drive City Planner, Jeff Smyser, presented the staff report. Staff recommended that the board open the public hearing for discussion, but table action on the item to the April Meeting, because staff is anticipating additional submittal materials from the applicant. Staff addressed questions of the board. Board members requested clarification for items such as landscapi , septic tank location, interior building design and canopy design. Chair Tralle declared the Public Hearing open at 7:00 p.m. Applicant, John Magill, 7105 20th Ave N, Centerville, addressed the board. He stated that he and a partner own the building, and that they also run Corner Express stores in Centerville and East Bethel. Mr. Magill said that he has worked well with city staff and he understands the additional requirements. He noted the importance of a full access from Lake Drive for this business. He added that the engineer suggested that access align with the access to the bank across the street. He concluded that the County has stated that this is a city project. Jim Studenski, city engineer, explained that the intersection improvements will be a city project, even though both roads are county roads. Intersection improvements will include additional turn lanes and a repositioning of the turn islands. He added that there are no plans for raised medians at this time, which would restrict access to the site. Future improvements may change the design, but no immediate access issues are proposed. Mr. Magill addressed the site design, noting that he is working on revisions to the plans to improve circulation and angles that will allow for easier access into the site. The applicant originally wanted four pumps, but has reduced the plans to three pumps for purposes of appearance and traffic flow. Mr. Hyden made a MOTION to table the recommendation for Amending the Conditional Use Permit for a motor fuel station to allow for the installation of new gas pumps and canopy, located at 7997 Lake Drive. Motion was supported by Mr. Root. Motion carried 3 - 0. VI. DISCUSSION ITEMS DRAFT MINUTES • • • • • • Planning & Zoning Board March 9, 2011 Page 3 A. Draft Comprehensive Plan Update Mr. Smyser provided a status of the Draft 2030 Comprehensive Plan Update. The Metropolitan Council approved the original draft plan at the end of 2009. Since that time, the city council suggested some amendments to the plan. Proposed amendments include density changes as well as the inclusion of statements pertaining to annual allowable building units and affordable housing. The city is awaiting comments from adjacent jurisdictions. Once all comments have been received, the city will resubmit the plan to Met Council for review. VII. ADJOURNMENT Mr. Pogalz made a MOTION to adjourn the by Mr. Hyden. Motion carried 4 - 0. Respectfully submitted, Dawn Bugge Community Development Assistant ing at 7:13 p.m. Mo was supported DRAFT MINUTES AGENDA ITEM X.A. STAFF ORIGINATOR: Paul Bengtson P & Z MEETING DATE: May 11, 2011 TOPIC: CONTINUED PUBLIC HEARING: Conditional Use Permit Amendment Motor Fuel Station, 7997 Lake Drive BACKGROUND The Planning and Zoning Board voted to continue the public hearing at the March 9, 2011 meeting. The reason behind this was that the application was incomplete and therefore not ready for a complete review and board action. The applicant was informed of the incomplete issues and has not submitted all of the items listed in the letter dated February 17, 2011. As such, staff is again recommending that the public hearing be continued. RECOMMENDATION • Continue the public hearing. Staff will continue to work with the applicant to acquire needed information and complete the review. • • AGENDA ITEM VII B STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: May 11, 2011 DISCUSSION TOPIC: PUBLIC HEARING Amending Section 2 of the Zoning Ordinance BACKGROUND The new 2030 Comprehensive Plan will establish some new policies for how development will occur in Lino Lakes. The zoning ordinance is an important element in the implementation of those policies. Many requirements in the ordinance will need to be amended to implement the new policies. We reviewed some parts of the ordinance in 2010. Amendments to the rest of it are now drafted or in progress. We will work through the entire zoning ordinance in upcoming months. Amending the zoning ordinance requires a public hearing. The hearing tonight is on Section 2 of the ordinance. Section 2 regulates several categories of development, including: Subd. 1. Amendments, Text and Rezonings Subd. 2. Conditional Use Permits Subd. 3. Interim Use Permits Subd. 4. Variances and Appeals Subd. 5. Administrative Permits & Approvals Subd. 6. Site and Building Plan Review Subd. 7. Duties of City Staff Subd. 8. Certificate of Occupancy Subd. 9. Enforcement and Penalties Subd. 10. PUD, Planned Unit Development OPTIONS 1. Recommend approval of amendments to Section 2. 2. Return to staff with direction. RECOMMENDATION Option 1. • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 SECTION 2. ADMINISTRATION Subd. 1. - Zoning Amendments (Text and Rezonings). In accordance with the provisions of Minnesota Statutes, the City Council may from time to time amend the Zoning Ordinance text or map (rezoning). Amendments may be initiated by City Council, Planning and Zoning Board, or property owner. The procedure for an amendment to the Zoning Ordinance text or Zoning District Map (rezone) shall be as follows: A. Persons wishing to initiate an amendment shall submit a "Land Use Application Form" accompanied by a fee as required in Section 1, Subd. 1.1. of this ordinance to be used for the costs of processing the application. The Land Use Application Form shall be filed with the Zoning Administrator. The request for amendment shall be placed on the agenda of the Planning and Zoning Board according to the City's deadline and meeting schedule. The request shall be considered officially submitted and the application approval time line commences when all the information requirements are complied with. B. Property owners or occupants within six hundred (600) feet of any property • proposed for zoning district amendment (rezoning) shall be notified in writing, although failure by any property owner to receive notification shall not invalidate the proceedings, provided that proof of an attempt at notification has been made. Notification shall be by first -class mail. A notice shall be published in the newspaper and mailed to property owners at least ten (10) days prior to the day of the public hearing. Such notification shall include the Affidavit of Mailing completed by the City and a list of all persons who have been notified pursuant to this section. In the case of rezoning shoreland, as defined by Lino Lakes Ordinance, all property owners or occupants of property, which abut the shoreline, shall be notified in writing of any property proposed for any zoning district amendment (rezoning), even though their property may be beyond the six hundred (600) feet previously contemplated in this section. C. Depending on the project and as determined by the Community Development Director, either the following information shall be provided prior to Planning and Zoning Board review: site and building plans consistent with the requirements established in Section 2, Subd. 6., information required for a Planned Unit Development as required by Sec. 2 Subd. 10, er- -information required by Chapter 1.000^ 1001 of the City Code for a plat submittal, shalle- premed prier tePlanning- Z hoard review or a description of the requested change in the case of a text amendment. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -1 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 D. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate, and provide general assistance in preparing a recommendation of the action to the City Council. E. The Planning and Zoning Board shall consider possible adverse effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. 3. The proposed use conforms with all performance standards contained herein. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. A public hearing on the rezoning zoning amendment application shall be held by the Planning and Zoning Board or City Council. G. The City Council must approve or deny the application within sixty (60) days of receiving all required information. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies an application, it shall state in writing the reasons for the denial at the time it denies the application. However, when a vote on a resolution or properly made motion to approve an application fails for any reason, the failure shall constitute a denial of the application provided that those voting against the motion state on the record the reasons why they oppose the application. 1. The sixty (60) day time limit starts over only if the City sends notice, within ten (15) business days of receipt of the application, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. An applicant may by written notice to the City request an extension of the time limit. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -2 • • • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 2. Other conditions of MN Stat 15.99, as amended, also apply. The Council must- approve -or deny the--application # amendment request within sixty _ _ _ - _ _ - _ • information. The sixty (60) day time -limit- starts over # the City sends notice, with n + — (10) businc °., dam -ef receipt of The request, telz l 4he-- lid infer a#ae s iscing The Git may extenet e 3 limit before 4ho_en4_f sun _, t by- providing -written-notice-of the -extension-to-the applicant The - notification shall state -the reasons for- -the extent on -an;dits- -anticipated -- length, which- may not-exceed-sixty (60) Git y � flciI 4edeny \ - - - - - - -' - - - - - - - of the request the-Gity - wit - denies- request, 4- shall- state -+a- writing -#he reasons f„r the denial-at-the-time- it denies the request. H. Approval of a proposed amendment shall require passage by a majority vote of all members of the City Council except that the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a four - fifths (4/5) majority vote of all members of the City Council. The amendment shall not become effective until such time as the City Council approves an ordinance reflecting said amendment and after said ordinance is published in the official newspaper. An emergency ordinance shall take effect immediately upon its adoption or at such later date as it specifies. Every other ordinance shall take effect thirty (30) days after its publication or at such later date as it specifies. J. No-- application be- „resubmitted for period denial- `^ Y"� �"`” denied shell - - vcr,TCV .sr,urr -the - When a motion to deny the application is successful, the application shall not be resubmitted for a period of twelve (12) months from the date of the denial vote. However, as required by MN Stat 15.99 Subd. 2(b), the failure of a motion to approve the application does not preclude an immediate submission of the same or similar application. *option: Just eliminate the waiting period by deleting paragraph J altogether. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -3 DRAFT AMENDMENTS May 2011 Section 2 Subds. 1. — 9. Subd. 2. Administrptipn: Conditional Use Permits. A. General Statement. Certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted. Conditions may be applied to issuance of the permit and an annual review of the permit shall be required. The permit shall be granted for a particular use and not for a particular person or firm. Conditional use permits may be granted in accordance with this subdivision for any uses or purposes for which such permits are required or permitted by this ordinance ef -as- listed --as a conditional use -for---the- zoning districts -- provided - in- B. Procedure. 1. The person applying for a conditional use permit shall fill out and submit to the Zoning Administrator a "Land Use Application Form" together with a fee as established by City Council resolution. The request for conditional use permit shall be placed on the agenda of the Planning & Zoning Board according to the City's deadline and meeting schedule. The request shall be considered officially submitted and the application approval time line commences when all the information requirements are complied with. 2. A public hearing on the conditional use permits shall be held by the Planning and Zoning Board or the City Council. 3. At least ten (10) days prior to the public hearing; notice of the purpose, time and place of such public hearing shall be published in the official newspaper of the City and mailed to the property owners within three hundred fifty (350) feet of the property in question. Failure of any property owner to receive the mailed notification shall not invalidate the proceedings. 4. The applicant or his representative must appear before the Planning and Zoning Board in order to answer questions concerning the proposed conditional use. 5. The application for a conditional use permit shall include the submittal information that is required for a site plan review application in Sect. 2, Subd. 6. Site and building- plans -consistent with- -the requirements established Section- Subd - -shalt be provided bier -#e-- Planning d Zoning--Boar-d--review, 6. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where appropriate and provide general Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -4 • • • • • Section 2 Subds. 1. – 9. DRAFT AMENDMENTS May 2011 assistance in preparing a recommendation of the action to the City Council. 7. Standards. The Planning and Zoning Board shall recommend approval of a conditional use permit and the Council shall orde -the ism ceof -ouch approve a conditional use permit only if they find that it-finds- the following criteria have been met: a. The proposed development application has been found to be consistent with the policie& and of -the Lino Lakes Comprehensive Plan eluding: -1-} Land Use Plan. 2)- Transpectatien Plan. 3)- d Water) Plane• 4} Local Plan. 6-)- _- CaPT« 6)- Policy Plan. T7- b. The proposed development application is compatible with present and future land uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by a proposed development application is within the capabilities of the City when: 1) If the existing level of service (LOS) outside of the proposed subdivision is A or B or C, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. 2-) If -the-existing - outside of the -phapesect-subdivisien --is-- generated a het- e 4i�ocri� I°� ve —ef . 32) If the existing LOS outside of the proposed subdivision is D or E, traffic generated by a proposed subdivision will not degrade the level of se seLOS below O the existing LOS. • i 43) The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -5 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 54) Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. 65) The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer- financed improvements to correct any street deficiencies. 7-) The requirements -in- far- agr-ap#s-a -e apply - 4e-. - The - 1 35W/Lake -Drive- -or- 1.355 /Main -St interchanges, -At- City ct be- -ev luated -i - conjunction -with- Anoka- and -the Minnesota Dept, --of sportation, - nd -a--plan plan must -be determine improvements -needed- 4e -resolve deficiencies. the -subdivision- project, new-this- - traffic -contributes tes -the total traffic, -and the time frame of he improvements. The plan also must , Wig- project Mien -and --Gest- other properties, 8) -- The City does -not -relinquish- y rights -of - tesal determination; 9)e The proposed development shall be served with adequate and safe water supply. 1-0)f. The proposed development shall be served with an adequate and safe sanitary sewer system. 14)g, The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. eh. WThe proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -6 • • • • • Section 2 Subds. 1. - 9. DRAFT AMENDMENTS May 2011 will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. fi. WThe proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed development shall comply with site layout performance standards included in § xxxx (probably to be added to Sec. 3.) . 8. Whether the Planning and Zoning Board recommends denial or approval of a conditional use permit or the Council orders such denial or approval, it shall include in its recommendations or determination findings as to the ways in which the proposed use does or does not comply with the standards established in this Ordinance. 9. The City Council must approve or deny the application within sixty (60) days of receiving all required information. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies an application, it shall state in writing the reasons for the denial at the time it denies the application. However, when a vote on a resolution or properly made motion to approve an application fails for any reason, the failure shall constitute a denial of the application provided that those voting against the motion state on the record the reasons why they oppose the application. 1. The sixty (60) day time limit starts over only if the City sends notice within ten (15) business days of receipt of the application, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. An applicant may by written notice to the City request an extension of the time limit. 2. Other conditions of MN Stat 15.99, as amended, also apply. The City it mu'st approve or- #1h application- for amendment or conditional use permit requests within -sixty (60) days -a# -receiving all required • The sixty 4-60-)---day- time - limit- starts over -enly if the City sends notice, within -ten-4-1-0-)---business days -of rte- of --the- request, Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -7 DRAFT AMENDMENTS May 2011 Section 2 Subds. 1. — 9. telling- the applicant -is- misting. The City may extend the sixty (60) day time limit before the of such 4ime limit- -by providing written notice -o the-extension-to-The-applicant, The -noti ication must -state the- reasons for-the its anticipated-length; -which -net exceed- - sixty- (60)- days, unless moved- the applicant, Failure -of -the City Council -to -deny - within ixty- (60)days+s request. of the City Council - denies a request, 4-must -state in citing -the reasenESfer - - _ - _ _ • - •• - ' _ • - the request. 10. Following approval of the conditional use permit, the City shall file a certified copy thereof including a legal description of the property with the County Recorder and /or Registrar of Title. 14 If construction has not begun a (1) year after the date-of-the conditional- use-permit,-Of-if _ _ - _ _ _ . _ _ _ -rte taken place-within-three (3) years after the date of issuance-of the conditional use permit, the permit is void. -use specified in Oho permit expires ifs for any reason ,- #1he- authprizod use ceases for m arm one (1) year. 1-211. If a time limit or periodic review is included as a condition by which a conditional use permit is granted, the conditional use permit may be reviewed at a public hearing with notice of said hearing published at least ten (10) days prior to the review; it shall be the responsibility of the City Clerk to schedule such public hearings and the owner of land having a conditional use permit shall not be required to pay a fee for said review. 1-312. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit issued shall require an amended conditional use permit and all procedures shall apply as if a new permit were being issued. An amended conditional use permit application and requests for changes in conditions shall be administered in a manner similar to that required for a conditional use permit. 1-413. All uses existing as of July 14, 1997 that are were included, in the zoning ordinance that was in effect at the time in the list of conditional uses for the zoning district in which they are located shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of such use shall require an amended conditional use permit as provided for above. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -8 • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 1-514. No applioation for oaf use permit shalt be resubmitted -for a period-affie{ -1.2 -} sf- said-erder -of denial. When a motion to deny the application is successful, the application shall not be resubmitted for a period of twelve (12) months from the date of the denial vote. However, as required by MN Stat 15.99 Subd. 2(b), the failure of a motion to approve the application does not preclude an immediate submission of the same or similar application. *option: Just eliminate the, waiting period by deleting paragraph J altogether. C. Revocation. The City Council may take action to revoke a conditional use •ermit when it is in the interests of •ublic health safet or welfare. 1. The City Council may take action to revoke a conditional use permit in any of the following situations: a. Construction has not begun within one (1) year after the date of the conditional use permit. b. Substantial construction has not taken place within three (3) years after the date of issuance of the conditional use permit. c. If, for any reason, the authorized use ceases for more than one (1) year. d. If an approved conditional use permit is in violation of this Ordinance or the conditions of permit approval,., 2. When the City may initiates a process to revoke the conditional use permit 4- e City it shall conduct a public hearing to consider the revocation of a - use -exit. Notifications shall be distributed and published according to paragraph B.3. The public hearing shall be conducted by the Planning & Zoning Board, which shall make a recommendation to the City Council. In considering revocation, the Board and the City Council shall consider compliance with the approved conditions of the conditional use permit and the standards listed in paragraph B.7. The City may also conduct -a pebtio bear-i ,a -rid consider revesatioR-if -thee requirements of paragraph -6 :44. have -not- been- met. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -9 DRAFT AMENDMENTS May 2011 Section 2 Subds. 1. — 9. 3. Following a vote by the City Council to revoke the conditional use permit, the City shall file a certified copy thereof including a legal description of the property with the County Recorder and /or Registrar of Title. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -10 • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 Subd. 3. : Interim Use Permits. A. Purpose and Intent. The purpose and intent of allowing interim uses is: 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. B. Procedure. 1. Existing Uses. All uses existing as of July 14, 1997 that are were included in the zoning ordinance in effect at the time, in the list of interim uses for the zoning district in which they are located shall be considered as having an interim use permit which contains conditions that permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of such use shall require an amended interim use permit regulated by the Section 2, Subd. 3. of this Ordinance and shall be processed according to the submittal requirements, standards and procedures for a conditional use permit as established by Section 2, Subd. 2. of this Ordinance. 2. New Uses. Uses defined as interim uses which do not presently exist within a respective zoning district shall be processed according to the submittal requirements, standards and procedures for a conditional use permit as established by Section 2, Subd. 2. of this Ordinance. C. General Standards. An interim use shall comply with the following: 1. Existing Uses. Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -11 DRAFT AMENDMENTS May 2011 Section 2 Subds. 1. — 9. 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. b. Conforms to the applicable performance standards of this Ordinance. c. The use is allowed in an interim use in the respective zoning district. d. The date or event that will terminate the use can be identified with certainty. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. D. Termination. An interim use shall terminate on the happening of any of the following events, whichever first occurs: 1. The date or termination event stated in the permit. 2. Upon violation -e€ tee+ -itieas *ham p it --way issued .Upon revocation under paragraph E. below. 3. Upon change in the City's zoning regulations which renders the use non- conforming. 4. The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. E. Revocation. If an approved interim use permit is in violation of this Ordinance or the conditions of permit approval, the City may initiate a process to revoke the interim use permit. The City shall then conduct a public hearing to consider the revocation of an interim use permit. Notifications shall be distributed and published according to paragraph B. The public hearing shall be conducted by the Planning & Zoning Board, which shall make a recommendation to the City Council. In considering revocation, the Board and the City Council shall consider compliance with the approved conditions of the interim use permit and the standards listed in paragraph C. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -12 • • • • • Section 2 Subds. 1. – 9. DRAFT AMENDMENTS May 2011 Subd. 4. Administration: Variances and Appeals. A. Variances. Variances from the literal provisions of the ordinance may be granted in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. (note: these findings may be changed by 2011 Legislature —to be determined) 1. Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make -a findings of fact that all of paragraphs a. through e. apply unless f, or .g apply: a. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. b. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. d. The variance, if granted, will not alter the essential character of the locality. That: - granting -the -et confer --en the applicant any spec a' privilege that- -mould be denied by-this ordinance #e other lands, structures, -Of buildings in- the same distrist, e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. f. In accordance with MN Stat. 462.357, Subp. 6, undue hardship includes inadequate access to direct sunlight for solar energy systems when such a system is the basis of the variance application. g. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with the zoning ordinance. 2. Variance Procedure. The City shall decide upon requests for variance by approving or denying the same in part or in whole. The procedure for granting variances is as follows: Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -13 Section 2 Subds. 1. - 9. DRAFT AMENDMENTS May 2011 a. A person desiring a variance shall fill out and submit to the Zoning Administrator or his /her designee a "Land Use Application Form ", together with a fee as established by City Council resolution /ordinance and all related material to document said hardship. b. The request for variance shall be placed on the agenda of the Planning and Zoning Board according to the City's deadline and meeting schedule. The request shall be considered as being officially submitted and the application approval timeline commences when all the information requirements are complied with. c. The City Council must approve or deny the application within sixty (60) days of receiving all required information. Failure of the City Council to deny an application within sixty (60) days is approval of the request. If the City Council denies an application, it shall state in writing the reasons for the denial at the time it denies the application. However, when a vote on a resolution or properly made motion to approve an application fails for any reason, the failure shall constitute a denial of the application provided that those voting against the motion state on the record the reasons why they oppose the application. 1. The sixty (60) day time limit starts over only if the City sends notice, within ten (15) business days of receipt of the application, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. An applicant may by written notice to the City request an extension of the time limit. 2. Other conditions of MN Stat 15.99, as amended, also apply. The City Council - shad --- approve deny the application -for- -a e# recei ing all momir-ed - information. The sixty 6g)--Ellaytimelimit starts ever- - nly#the City sends - notice, within tee (104 business - days- -of receipt -of- the request, -tell-in-the applicant- what---information-4& missing. The City extend -the s (60) time before the end- of- such time Iimi --by Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -14 • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 providing -written- - notice - -of the extension 4e #fie - icant. The notification must state -the - reasons -tar the extension and its anticipated- length, which- may -net exceed sixty- (60) days, unless approved- 4he-- applicant, -Failure of -the Council to- -deny -an application within sixty 468} days is -the request. of the City Council denies a request, 4-must state +awriting-t a reasons fer#fae -at the time it denies the request. d. The petitioner or representative may appear before the Planning and Zoning Board in order to present information or to answer questions. e. The City Council may grant the variance if it has been established that a undue hardship exists. The City Council shall, on all variance applications whether granted or denied, record a finding of fact. Such findings shall be recorded in writing and shall state the City Council's reasons for such action. f. Following approval of the variance, the City shall file a certified copy thereof including a legal description of the property with the County Recorder or Registrar of Titles. 3. Submittal Requirements. Applications for variances shall be filed with the Community Development Department and shall be accompanied by the following submittal information: a. Proof of title and contract/purchase agreement and /or property owner signature on the application form when applicable. b. Eight (8) large scale copies and reduced (11" x 17 ") copies of detailed written materials, plans and specifications to include the following information: Note: One /two additional large scale copies shall be provided for each of the following, if applicable: • Project adjacent to a County Road or County State Aid Highway — (2 sets) • Project adjacent to a State Highway or Interstate Highway — (2 sets) • Project lies within a Shoreland District — (1 set) c. Certificate of survey prepared by a licensed land surveyor identifying the following: The Community Development Department may waive the certificate of survey when the survey Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -15 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 will not provide information relevant to the variance necessary to review the application. 1) Scale (engineering only) at not less than one (1) inch equals one hundred (100) feet. 2) North point indication. 3) Existing boundaries with lot dimension and lot area. 4) Existing buildings, structures and improvements. 5) Easements of record. 6) Delineated wetland boundary, to include the OHWL of any lakes or DNR waters. 7) All encroachments. 8) Legal description. d. Graphic information, plans, specifications, or other materials that illustrate the requested variance. e. Narrative description of the unique hardship associated with the property that warrants the consideration of the variance, to include: 1) That the property in question cannot be put to reasonable use if used under the conditions allowed by the official controls. 2) That the plight of the landowner is due to physical circumstances unique to the property not created by the landowner. 3) That the hardship is not due to economic considerations alone if a reasonable use for the property exists under the terms of the ordinance. 4) That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5) That the proposed actions will be in keeping with the spirit and intent of the ordinance. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -16 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 B. Appeal Procedure. An appeal shall only be applicable to an administrative permit, order, requirement or interpretation of intent of provisions of this Ordinance. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. The City Council shall be the Board of Appeals and Adjustments with powers listed in Minnesota Statutes 462.357, subdivision 6. 1. Appeal Procedures. a. An appeal from an administrative action shall be filed by the property owner or their agent with the Zoning Administrator within ten (10) days after the making of the order, requirement, or interpretation being appealed. b. The property owner or their agent shall file with the Zoning Administrator an application for appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by City Council ordinance. In cases where the application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within ten (10) days of the date of submission. c. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. d. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustments and Appeals. e. The Board of Appeals and Adjustment shall consider the application for appeal at a public meeting and consider testimony of the property owner and City staff. f. Pursuant to Minnesota Statutes 15.99, the Board of Adjustment and Appeals shall make its decision in accordance with the timeline described for variances in Subd. 4.A.2.c. of this Chapter.by resolution within (60) days -from 414e-elate -OR which a Lino Lakes Zoning Ordinance Amended per Ord. No. 05 -09 2 -17 Administration Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 g. completed - application_ is- filed, unless The review -is extended as allowed bye -Mf t Stat, 1.99, The Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -18 • • • • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 Subd. 5. Administratien4 Administrative Permits and Approvals. A. Purpose. The purpose of this section is to establish regulations and procedures for the processing and consideration of activities allowed by administrative permit, and of matters requiring the approvals of the Zoning Administrator with the goal of protecting the health, safety, and welfare of the citizens of the City. When an administrative permit for outdoor dining or seating is required, it may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. B. Procedure. 1. Application for an administrative permit shall be filed by the property owner or designated agent with the Zoning Administrator on forms to be provided by the City. Applications for administrative permits or administrative approvals shall be accompanied by a non - refundable fee as established by City Council ordinance. 3. The Zoning Administrator shall review the applications and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Ordinance. The Zoning Administrator shall notify the applicant, in writing, of any incomplete application within ten (10) days of the date of submission. 4. The Zoning Administrator's review is based upon the following factors: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1) Land Use Plan. 2) Transportation Plan. 3) Utility (Sewer and Water) Plans. 4) Local Water Management Plan. 5) Capital Improvement Plan. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -19 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 6) Policy Plan 7) Natural Environment Plan b. The proposed development application is compatible with present and future and uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by a proposed development application is within the capabilities of the City when: 1) Traffic generated by a proposed development will not degrade the level of service outside of the proposed development to a level worse than the existing level of service. (Level of service as defined by the Highway Capacity Manual.) 2) The existing level of service must be D or better for any street providing access to the development. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 3) Existing roads providing access to the development have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. 4) The traffic generated from a proposed development shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan or the developer shall pay to correct any street deficiencies. e. The proposed development shall be served with adequate and safe water supply. f. The proposed development shall be served with an adequate and safe sanitary sewer system. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -20 • • • Section 2 Subds. 1. - 9. DRAFT AMENDMENTS May 2011 g. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. 5. The Zoning Administrator shall make a determination on approval or denial of the administrative permit within sixty (60) days from the date of submission of a complete application unless the review is extended as allowed by MN Stat. 15.99. 6. A written report or letter of approval shall be issued to the applicant when a determination of compliance has been made. Specific conditions to assure compliance with applicable evaluation criteria, codes, ordinances, and the standards of this Ordinance shall be attached to the permit or letter. 7. Determination of non - compliance with applicable codes, ordinances, and the standards in this paragraph shall be communicated to the applicant in writing and the application for the permit shall be considered denied; unless, within ten (10) days of the date of such notice, the applicant submits revised plans and /or information with which the Zoning Administrator is able to determine compliance. 8. Unresolved disputes as to administrative application of the requirements of this paragraph shall be subject to appeal as outlined in Section 2, Subd. 4. of this Ordinance. C. Information Requirement. The information required for all administrative permit or approval applications shall include: 1. The applicant shall include as part of the application, the applicable submission information as identified in Section 2, Subd. 6, Site and Building Plan Review. The Zoning Administrator may waive submission information not deemed necessary for the administrative review. 2. A concise statement describing the proposed use, event or activity, including the purpose, type of merchandise involved, dates and times of operation, number of employees involved, provisions for on -site security, provisions for on -site parking, and other pertinent information required by the Zoning Administrator to fully evaluate the application. 3. A copy of the current sales tax certificate issued by the State of Minnesota, if applicable. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -21 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 4. Information identified in Section 3, Subd. 5. of this Ordinance as may be applicable. Performance Standards. All uses, events, or activities allowed by administrative permit shall conform to the applicable standards outlined in the zoning district in which such use, event or activity is proposed. The proposed development shall comply with site layout performance standards included in §xxxx (probably to be added to Sec. 3.) E. Administration and Enforcement. 1. The Zoning Administrator shall keep a record of applications and administrative permits or approvals. A copy of all administrative permits issued shall be forwarded to appropriate staff as determined by the Zoning Administrator. 3. Enforcement of the provisions of this paragraph shall be in accordance with Section 2, Subd. 9 of this Ordinance. Violation of an issued permit or of the provisions of this section also shall be grounds for denial of future permit applications. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -22 • • • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 Subd. 6. Site and Building Plan Review. A. General. All site and building plans for multiple family, commercial, industrial or public /semi - public uses shall require review and approval by the Community Development Department . Relocated structures shall also require a site and building plan review as required by Sec. 3 Subd. 7. B. Applications and Submittal Requirements. Applications for site and building plan review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee and the following submittal information: 1. Proof of title and contract/purchase agreement and property owner signature on the application form when applicable. 2. Eight (8) large scale copies and reduced (11" x 17 ") copies of detailed written materials, plans and specifications. One electronic copy in a format compatible with the City's computer system. Note: One /two additional large scale copies shall be provided for each of the following, if applicable: • Project adjacent to a County Road or County State Aid Highway - (2 sets) • Project adjacent to a State Highway or Interstate Highway - (2 sets) • Project lies within a Shoreland District - (1 set) 3. Certificate of Survey prepared by a licensed land surveyor identifying the following: a. Scale (engineering only) at not less than one (1) inch equals one hundred (100) feet. b. North point indication. c. Existing parcel boundaries with lot dimensions and lot areas. d. Existing buildings, structures and improvements within the site within 100 feet. -� e. Easements of record. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -23 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 f. Wetlands, delineated by qualified professional. g, Delineated wetland boundary, to include the ordinary high water level (OHWL) as determined by the MnDNR of any lakes or DNR public waters. h. Floodplain as shown on FEMA FIRM map or as determined by amendments or revisions. Qi All encroachments, including but not limited to pipelines and transmission lines. L Existing contours at two -foot intervals shown as dashed lines for the subject property and extending 100 feet beyond the outside boundary of the proposed property. Wooded areas, high quality native plant communities, or other officially designated natural resource areas. I. Location, widths, and names of all public streets, or rights -of -way that pass through the site or are within 100 feet. hm. Legal description. n Date of preparation and dates of revisions. 2. Site Plan using the current Certificate of Survey as a base depicting the following: a. Name of project or development. b. Name and address of developer and /or owner. c. Name and address of engineer /architect/designer. d. Date of plan preparation and dates of any subsequent revisions. e. All proposed improvements, including: Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -24 • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 1) Required and proposed setbacks. 2) Location, setback and dimensions of all proposed buildings and structures including ground - installed heating and air conditioninq equipment. 3) Location of all adjacent buildings and structures within one hundred (100) feet of the exterior boundaries of the subject property. 4) Location, number, dimensions of all proposed parking stalls, loading areas and drive aisles, with curbing shown. 5) Location, width and setbacks of all proposed street accesses and driveways. 6) Location, width and setbacks of all proposed sidewalks, walkways and trails. 7) Location and type of all proposed lighting, including fixture details. 8) Provisions for storage and disposal of waste, garbage and recyclables, including details for enclosing and screening exterior containers. f. Calculations for impervious /pervious surfaces. g„: Date of preparation and dates of revisions. 3. Stormwater Management Plan including all information required by Section 1011.09 of the City Code. a. In addition, documentation that the applicant has submitted to the Rice Creek Watershed District or the Vadnais Lake Area Water Management Organization, as applicable, a complete application as defined by those agencies. Such documentation shall be issued by the respective agency. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -25 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 Grading Plan {-using- the current -Sewey-a- s- base }depicting the following: /7\ foot intervals - reposed - grade- evatiens- Owe (2) footer intery l6. e- Drainage plan, 4-n01-Wing-the- -configuration-of Afainage areas -and EL Spet-elevatiens- and treatment area Erosion of measures. g. Wetland applicable). # �eiibergs: + Drainage tions or-2 ; 10 , & gents. Delineated -wetland , -to-- include O HW-L -of - lakes-44 DNR waters. k Date -ef pIao -of any, subsenuent reyicione Landscaping Plan using the current Certificate of Survey as a base depicting the following: a. Location and species of proposed plant material. b. Location, size and species of existing trees fulfilling landscape requirements c Planting schedule including: Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -26 • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 1) Symbols. 2) Quantities. 3) Common and botanical names. 4) Sizes of plant materials. 5) Root specification (bare root, balled /burlapped, potted, etc.). 6) Special installation instructions. b. Tree Preservation Plan: location, -type and size -ef- - significant trees 4a-be-removed- or preserved. {-see free plan- requirements -in Sec. 3 Subd. "-) c. Planting details and applicable instructions. show -all _ species 4e ccale -at—norm-al- mature drown diameter ei spread #er -legal hardinec zone\ d. Typical sections with details of: fences, tie- walls, berms, planter boxes, tot lots, site furniture,picnic areas and -the- like. landscape islands, planter beds, and foundation plantings, with identification of materials to be used. e. Method of watering for all landscape areas, such as permanent irrigation system controllers, drip and spray areas, water spigots, hose boxes, rain barrels or other means provided.Typical - sections with details -ef -landscape islands, planter beds, and - foundation materials-te -be used. f. Delineation of both sodded and seeded areas with respective areas measured in square feet. g. Coverage plan for underground irrigation systems, if any. h. Other existing or proposed conditions that could be anticipated to affect landscaping. Type and quantity of mulch L_. Turf mixes. k. Seed mixes. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -27 DRAFT AMENDMENTS May 2011 Section 2 Subds. 1. — 9. Calculation table showing how landscape requirements are met 1� Canopy Coverage total vehicular hardscape area bZ required area of coverage quantity and value of all trees meeting requirements cp. length and width and planting soil depth of all island landscape beds 2) Foundation Landscape a) linear footage total numbers of trees and /or shrubs required cZ quantity of trees and shrubs meeting requirements 3Z Open Areas Landscape a) _ square footage of each level required b) total numbers of trees and /or shrubs required c) quantity of trees and shrubs meeting requirements 4) Landscape Screen al total numbers of trees, shrubs, fences /walls required by location category 121 quantity of trees, shrubs fences /walls meeting each location requirement a Boulevard Trees a) linear frontage of street frontaqe b) number of trees required m. Tree Protection Plan if applicable, as required by Sec. 3, Subd. 4.Q.11. and 4.Q.13. n. Tree Survey, if applicable, as required fir, Sec. 3, Subd. 4.Q.12. +o. Date of plan preparation and dates of any subsequent revisions. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -28 • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 5. Photometric Lighting Plan, to include fixture details /cut sheets /drawings. a. Date of plan preparation and dates of any subsequent revisions. 6. Architectural Plans. a. Date of plan preparation and dates of any subsequent revisions. b. Architectural elevations, IN O in color, of all principal and accessory buildings and structures (type, color, and materials used in all exterior surfaces): including structure heights. c. Typical floor plan and typical room plan drawn to scale with a summary of square footage by use or activity. d. A shadow study may be required illustrating shadow encroachment on adjoining properties to ensure that the construction does not limit solar access for abutting and /or neighboring properties. 7 Utility Plan. a. Location of hydrants, valves and manholes, if any. b. Location, sizing, and type of water and sewer system mains and proposed service connections, hydrants, valves, and manholes; or, c. Location and size of proposed primary and secondary on -site treatment systems, when allowed. d. Storm sewer, catch basins, invert elevation, type of castings and type of materials (refer to Engineering Manual for City standards). e. Date of plan preparations and dates of any subsequent revisions. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -29 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 8. Other plans and information as may be required by the Zoning Administrator which may include (but not be limited to) the following: a. Location, type and size (area and height) of all signs to be erected upon the subject property. b. Vicinity map showing the subject property in relation to nearby highways or major street intersections. c. Sound source control plan. d. Fire protection plan. e. Proposed protective covenants or private restrictions. f. Where landscaping or man -made materials are used to provide screening from adjacent properties, a cross section shall be provided showing the perspective of the site from neighboring properties at the property line elevation. 9. For applications for new communication towers, the application must include information to demonstrate compliance with the provisions of Section 3, Subd. 15, including but not limited to: a. Demonstration that a significant gap in coverage exists that would be resolved by the proposed location and that adequate service cannot be provided utilizing existing structures within• - Owe -(2) e search -radiusof-414e -pfe-peseel site. b. Structural design information to ensure compliance with manufacturer specifications and to ensure the tower can accommodate additional antennas (co- location). c. Authorization from the property owner if different from applicant. d. Lease or agreement requiring removal of the tower and facilities after cessation of use. e. Copies of applicable federal, state, and local licenses, permits, approvals. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -30 • • • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 C. Review. 1. The Zoning Administrator shall forward copies of the application and site and building plans to the appropriate staff, consultants and governmental agencies for review and recommendation. The Community Development Department shall perform a review and approve or deny the application. The Community Development Department may also suggest such conditions as they deem necessary to the approval of the site and building plans. 2. The Community Development Department must approve or deny the application within sixty (60) days of receiving all required information. Failure of the Department to deny an application within sixty (60) days is approval of the request. If the Department denies an application, it shall state in writing the reasons for the denial and provide them to the applicant. a. The sixty (60) day time limit starts over only if the City sends notice, within ten (15) business days of receipt of the application, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. An applicant may by written notice to the City request an extension of the time limit. b. Other conditions of MN Stat 15.99, as amended, also apply. The Development Department -shall approve OF -deny- the applicat -for site and wilding plan re within sixty X60} days -of receiving allied -information- The-sixty {60 }4ay- -time-limit-starts over only if -the City sends- notice, within -ten (10) -business 4ays, -o - receipt- -of the request, - telling -the applicant what information -is - The- - ity may extend -the- sixty-(-60--)-day time -limit - before the end of such -tinge wit by providing----written - notice -of the extension -to the- applicant. The notification -shall state -ttie reasons for the extension -and its anticipated which may net exceed sixty {60-} -days, unless - approved by -the applicant. Failure of -the Department 4o deny an -application within sixty (60) day& is approval- of the request. lf the Department denies a request, it -shall state in-writing-the reasons for- 4he--clenial- at the time itdenies --fie request. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -31 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 3. The applicant may appeal any denial or decision by the Department according to Section 2 Subdivision 4. 4. No application for a site and building plan review shall be resubmitted for a period of twelve (12) months from the date of said order of denial. 5. The Community Development Department shall provide to the City Council reports summarizing submitted site and building plan applications and outcomes regarding approval or denial as they occur. D. Design Standards. Plans which fail to meet the following criteria shall not be approved. 1. The proposed development application must be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. 2. The proposed development application is compatible with present and future land uses of the area. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivisien--proiect is A or B or C, traffic generated by a proposed Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -32 • r • • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 subdivision will not degrade the level of service more than one grade. subdivision is C, traffic degrade the -level of c. If the existing LOS outside of the proposed vision project is D or E, traffic generated by a proposed subdivision will not degrade the LOS below -B the existing LOS. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivisionproiect. If the existing level of service is E or F, the subdivision project developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision proiect must have the structural capacity to accommodate projected traffic from the proposed subdivision project or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision - project shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer- financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I -35W /Lake Drive or I -35E /Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. h5. The City does not relinquish any rights of local determination. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -33 DRAFT AMENDMENTS May 2011 Section 2 Subds. 1. — 9. 66. The proposed development shall be served with adequate and safe water supply. 67. The proposed development shall be served with an adequate or safe sanitary sewer system. 78. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. 89. Development shall be permitted only in such a manner that the maximum number of trees shall be preserved. It shall be the duty of the person seeking approval to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. 10. The proposed development shall comply with site layout performance standards included in § xxxx (probably to be added to Sec. 3.) E. Performance Standards. All uses shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this ordinance, the Zoning Administrator may obtain a qualified consultant to testify, whose cost for services shall be borne by the applicant. 1. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters and City Council shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. 2. Activities authorized by site and building plan approval shall be initiated within six (6) months. The time limits established in this paragraph may be extended by the Zoning Administrator 3. The applicant or the owner of land affected by such site and building plan review shall submit to the City at the time of site and building plan review application an amount for fee and deposit as required by City resolution or ordinance. 4. The applicant shall, upon completion of site and building plan review, submit to the City an agreement that they will cause all improvements called for in the site and building plan review to be completed within the time specified by the City. Performance of such contracts shall be secured by the amount submitted at application or additional amount as may be required by the City Council. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -34 • • • DRAFT AMENDMENTS May 2011 • • • Section 2 Subds. 1. — 9. F. Record plans of utilities shall be submitted to the City prior to issuance of a Certificate of Occupancy or, if that is not practical at the discretion of the City, before release of financial securities required in the performance agreement. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -35 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 Subd. 7. Duties of City Staff. The offices of the Zoning Administrator and Building Official are hereby established; officiat{s} shall be appointed the -government and-serve -at its-pleasu-Fe. A. Duties of the Zoning Administrator. The Community Development Director shall be the Zoning Administrator. The Zoning Administrator shall enforce the provisions of this ordinance as provided herein; in addition to the duties and powers of the Zoning Administrator under this Ordinance, express or implied, the Zoning Administrator shall have the duty and power to: 1. Issue permits required by this ordinance. 2. Maintain all records necessary for the enforcement of this ordinance; including, but not limited to, all data, maps, amendments, rezonings, and conditional use permits, variances, appeal notices, certificates of occupancy, and applications thereof, nonconforming uses. 3. Receive, file and forward all appeals, notices, applications for variances, conditional use permits, certificates of occupancy, or other matters to the appropriate officials or boards. 4. Serve as ex- officio, non - voting member of the Planning and Zoning Board. 5. Perform all duties set forth in job description. B. Duties of the Building Official. The Building Official shall enforce the provisions of this ordinance as provided herein; in addition to the duties and powers of the Building Official under this ordinance, express or implied, the Building Official shall have the duty and power to: 1. Conduct inspections of land, buildings or structures at reasonable times, to determine compliance with and enforce the provisions of this ordinance. 2. Perform annual and /or periodic review of all conditional use permits. 3. Institute in the name of the City any appropriate actions or proceedings to enforce this ordinance. 4. Perform all duties set forth in job description. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -36 • • • • • Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 Subd. 8. Certificate of Occupancy. A. No person may change the use of any land except for construction of essential services and transmission lines or occupy or utilize a new structurally altered building (except single - family detached dwellings or their accessory buildings or private garages in any district) or change the use of any building after the effective date of this ordinance unless he has first obtained a certificate of occupancy. B. Application for a certificate of occupancy for a new building or for an existing building which has been so altered or the reuse of any land may be filed with the Building Official any time after the application for a building permit. The Certificate of Occupancy shall be issued within ten (10) days after the construction or alteration of such building or part thereof or site has been completed in conformity with the provisions of this ordinance and building code. Pending the issuance of said certificate, a temporary certificate of occupancy may be issued, subject to the provisions of the building code and zoning ordinance for a period not to exceed twelve (12) months during the completion of the erection or the alteration of such a building. The temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the community relating to the use or occupancy of the premises or any other matter, except under such restrictions and provisions as will adequately insure the safety of the occupants. The use of any structure for which a building permit is required or the use of any land shall be considered a violation of this ordinance unless a certificate of occupancy has been issued. C. Application for a certificate of occupancy for a new use of land shall be made to the Building Official before any such land shall be so used. Such certificate of occupancy shall be issued within ten (10) days after this application if the use is in conformity with the provisions of this ordinance. D. A record of all certificates of occupancy shall be kept on file with the City. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -37 Section 2 Subds. 1. — 9. DRAFT AMENDMENTS May 2011 Subd. 9. Enforcement and Penalties. A. Administration and Enforcement. This Ordinance shall be administered and enforced by the Zoning Administrator who is appointed by the City Council. The Zoning Administrator may institute in the name of the City of Lino Lakes any appropriate actions or proceedings against a violator as provided by statute, ordinance, or code. 2. If the provisions of this Ordinance are being violated, the City shall notify, in writing, the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The City shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Section to insure compliance with or to prevent violation of its provisions. B. Penalties, Violations, and Enforcement. In addition to the remedies set out in the paragraph above, the City may enforce any provisions of this Ordinance by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -38 • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 1 Subd. 10. PUD, Planned Unit Development A. Purpose and Intent. The purpose of this section of the Zoning Ordinance is to introduce the planned unit development (PUD), a means of providing for flexibility of site design and architecture in order to promote the goals and public values outlined in the Comprehensive plan and to serve public purposes. The intent is that: 1. A PUD can allow deviation from the strict provisions of this Ordinance and other official controls related to setbacks, heights, lot area, width and depths, yards, street widths, density, etc., in order to provide for the grouping of lots or buildings for development as an integrated, coordinated unit as opposed to traditional parcel by parcel, piecemeal, or sporadic approach to development. This section is -intended 4e introduce f d of -site - design and 4of-the sera- servation- offal -an- epee -space through steringo€ lots, uildings- -and des, which promote-- thegeals-outlined-in4he- Comprehensive Plan or serve 2. Planned unit developments are to be characterized by integrated planning and architecture;; joint and common use and central management and maintenance of parking, open space and other similar facilities] and harmonious selection and efficient distribution of uses. A r[�Ni Ga�id'entiaT onal use°permit'PUD ' #aea -as Iongee#t ith he density requirements. conditional• -use permit a variety -of co amercial and/or strial-uses. A PUD that includes- ,afn *-of - - • - - 'e- - utilize - eft - zoning distrisf -as described in Sec. 9-Subd, of this ordinance, 3. The PUD, by allowing deviation from the strict provisions of this Ordinance and other official controls related to setbacks, heights, lot area, width and depths, yards, street widths, density, etc., by conditional- usei9errnit oF a - nixtureof uses b ezoning4ea-PUs- District, is intended to encourage: 1-a. A development pattern in harmony with the objectives of the Comprehensive Plan. 211 Innovations in development that address growing demands for all styles of economic expansion, greater variety in type, design, architectural standards, and siting of structures through the conservation and more efficient use of land in such developments. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -39 DRAFT AMENDMENTS 2011 DRAFT AMENDMENTS May 2011 Section 2 Subd. 10. PUD 3c. The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion. 4d. A creative use of land and related physical development which allows a phased and orderly transition of varying land uses in close proximity to each other. ae. An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments. 6f. Promotion of a desirable and creative environment that might be prevented through the strict application of City zoning and subdivision regulations. B. General Requirements and Standards for a PUD. 1. Submittal and Review. All PUD applications shall be subject to the information submittal requirements and the review process described in Chapter 1001, even if the PUD does not include a subdivision. As described in this chapter and in Chapter 1001, additional information may be required for a PUD compared to other development applications. Whether or not to use a PUD for a proiect is to be determined as part of the collaborative design process described in 1001.025. 2. Site Layout Performance Standards. Site layout performance standards included in § xxxx must be met. 3. PUD Is a Rezoning. A PUD shall be a rezoning to a Planned Unit Development zoning district as described in Sec. 9 Subd. 3 of this ordinance. 44 Ownership. An application for PUD approval shall be filed or supported by the landowner or jointly by all landowners of the property included in a project. The application and all submissions shall be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved PUD shall be binding on all owners. 25. Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan. 36. Public or Common Open Space. Public or common open space at least sufficient-to meet- -the established -in this and such complementary structures and improvements as are necessary and Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -40 DRAFT AMENDMENTS 2011 • • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 appropriate for the benefit and enjoyment of the residents of the PUD shall be provided within the area of the PUD. a. Staging. When a PUD provides for common or public open space, the total area of common or public open space or land escrow security in any stage of development, shall, to the extent possible, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. The intent is to avoid the practice of delaying the creation of open space until later stages. note: The following is already in the platting requirements at 1001.041 11.c. 4 are pre ##e -the evisions --to ar. urc the ce facilities on space and ewe facilitieewithin D -be - - - - - - - - - of the fallowing- a,- Landlord Tenant. diord anticipated b: Owners. jr- -owners sociatior provided all conditions are - -met: 1-} Prior to-the-user-occupancy-or building -unit, parcel, tract, - townho , Gammon-area, conditions -and restrictions-or as specified by-the-Minnesota Common Interest Ownership -Asi: eeteut -fn Chapter 51 5B set-of-fie-0F - - - - - - - - • - - _ _ Statutes Chapter 5-1-5-B- shaltbe filed wit 4he- City ef--Lino Lakes, said-filing-with-the City to be made prier #e4he ss -document or- loor plans with-the-recording officers-of -Aneka C unty, - 11Aiflneseta, 2-)- -Open-space maybe owned -in--common -by-4he prep created through subdivision -of -the -original- tract. be-the responsibility-et -that subdivision's In-the- cast where-at Ioast ono (1) open space is held d -in , e shalt be Membership in theessociation -eii in-the subdivision shad- be-mandatory. The--homeowners association deGuments er4he declaration-ef , -- - - - - - - - -be-submitted -as part of the plat -application- and shall contain -the following information: Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -41 DRAFT AMENDMENTS 2011 Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 a} The legal- description b-)- use and ems# -ef-t Lands of facilities including the persons or entities entitled te- enferce-the restrictions. o) among- -th mom n ss.. d} to asses✓ land -or facilities including eep estate favor,, .in'surance- premium&. land -er- facilities 4o -the -established-land-trust, a - - - - -- -- - , - - .- -- - -- - - -shall --be the recnen ibility -o f `, .trust or may me by-the wri� anre .between - erganizatien, a-)- Open space -may in-perpetuity-in-favor-of organization-as the-clecument establishing centraFy,the management of the area - - _ - - - _ _ _ The form -and content-of -the d r ot�-inctrument establichinn-the restrictions must-be ep roved - he City-OAF-to-the exesutien--and-delivery thereof any provision of -his Ordinance -te4he contrary, -the City may, in caVses wlh'fere. conservation- restrictions are utilized rte meet . • _ - - - _ -- _ - - - -• - • - • - Ordinance, waive the requirement that the area - subject Unle&s -the -asateeutlet, i open spaces--eF4he residential Tots shall-be drainage easements dedicated-en the final plat to -the City. 44 _Neighborhood ' . - - • . _ space er -trail corridors intencended -as trails shall be- dedicated Lino Lakes Zoning Ordinance Amended per Ord. No. 05 -09 Administration 2 -42 DRAFT AMENDMENTS 2011 • • • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 tee -City. shade the -responsibility-of the City. public-recreational- areas Staging. When--a ' - ` - - - - - - • • - - - - - - - - - space, the-total area of . - • • - - - - - - - - - - - - - - - - - - security 4n any stage -ef development; shall, bear +ho same renIationshipto- he-total , , vct�r -z,�,� .icurr.c open spaceto be in the entire PUD as the stages -or -unite completed or sunder a: Utilities.The following should apply to all MF projects, not just PUDs — move/combine with general provision Sec. 3 Subd. 4.8.2.f. of zoning ordinance. d. -All-- tilities carving a4wefamily and ownhomedevelopment, beinstalied undergretund. b Service. - 'parate-publis shall be provided-to each same service line, a unit's service norm is served from the such -a-wa thaf each City, in -addition-to-the Where served4 - asanitary -in ion sewer -lateral must be made the lateral. X 11 #-he 67. Roadways, Private. a. Design. Private roadways within the PUD project shall have an improved surface to-of a minimum width of twenty -six (26) feet (face of curb to face of curb) Of ere-in width except that rural, unpaved roads may at the discretion of the City be allowed to be twenty (20) feet in width.and All private roadways shall be so designed as to permit-the City - ire-trucks provide adequate access for emergency vehicles to provide protection to each building. Parking. -Nep -reguired-private-road system -may-- beu-sed -4n calculating required off street parking space-or-be used-for-parking, 7 Development Agreement. Prior to a rezoning or the issuance of-a--building-permit as part of Planned permit, applican , shall execute and deliver to the City - Council agreemen+ The Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -43 DRAFT AMENDMENTS 2011 Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 agreement shall etaii a;T required on -and-off-site PUD rezoning er 1. The agreement shalt provide #or --the stallatien within one (1) year e# -theoff site and on site in (exclusive- o€ building -le as 4he City Council, secured by a cash 4nae amour and with- -and conditions - ' _ _ _ _ - , _ _ -the City that such wlil beactuall-y constructed and ' g-te sp s approvedby- the --Git asexpressed in such agreement. C. Rural Residential Planned Unit Development Requirements. 1. Purpose. It is the intent of this section to establish special requirements for the approval of a PUD for residential use in areas without municipal water or sanitary sewer service. granting of a . - - - - _ - - - •• _ sanitary - - • ' - - - • - - - - - - -RUB -to prornote (note: The wider purposes of a PUD are already explained: promote goals and public values in the Comp Plan.) a. resources. d-: Creation of cemmerr use and-enjoyment oommunity-ard/or-4he-general publ+G e: -A varlety of ural• residential neighborhoods. 2. Application. Rural residential planned unit developments shall be applied allowed only outside of areas guided for City water and sanitary sewer, which are identified as Permanent Rural in the Comprehensive Plan. (Stage -1-and Stage 2 growth areas) asadentifled th�rcrrirrzhe Comprerrr ensive Plan. 3. Densities. a. Subdivisions served by independent sewage treatment systems shall not exceed four (4) units per forty (40) acres. b. Subdivisions served by a MPCA approved community sewer system shall not exceed eight (8) units per forty (40) acres. 4. Open Space Performance Standards. a. Open Space Area Regulations. Lino Lakes Zoning Ordinance Amended per Ord. No. 05 -09 Administration 2 -44 DRAFT AMENDMENTS 2011 • • • • • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 1-)- A--m-inimum-of fifty (50)- percent of land be- dedicated -4o co space. 21)AII designated open space shall be platted as outlot parcels and held as open space in perpetuity. Public trail corridors shall be dedicated as park land. 32)Open Space Ownership and Management. If dedicated to the public, the ownership and management of designated open space shall be in accordance with policies applicable to the intended use. If privately held, the ownership and management of the open space shall be commonly owned by the property owners in the development and there shall be an association established for the development. Membership shall be mandatory for all property owners in the development. A management plan for the open space shall be prepared describing actions for maintaining the open space. The management plan and the association documents shall be submitted for review and approval by the City prior to and as a condition of final plat approval. be -corridor open the , I} . --Open- site-acear-cling-te4he-fellewing-lecatienal-ckiter-ia4 14 - -_ -- - -- -- -4n-a contigueus,-canneeted-Genfiguration, -habitat open spaces include, but are not-limited-40T fields, wetlands; dopes, bluffs, use weeds, lakes,- pends, streams, cherelands, -a+ sensitive areas or desirable-view-sheds, 2)- Trail Corridors. Th° ` eveIopment shall -locate tri - d en spaces in. strategic places 4arger open space eutlots--atdesignated places f- destinatiee-bethon the 6t are connectedwit#eneanother: Trail corridor open- spaces include, but are not-limited established regional--tre -local pathway laved walkwaysi-and shor�nvrel�ine& Public4raif-serridors shall be a minimum of twenty (20) feet-in-width, 3-} Neighborhood Thedevelopmentshall locate - neighborhood recreation epee spaces -suchthat -ihey are neighborhood-of - - - . - - . _ _ , their iMendedrecreational- use, - - - .. - - - - - - - - ,-and Lino Lakes Zoning Ordinance Amended per Ord. No. 05 -09 Administration 2 -45 DRAFT AMENDMENTS 2011 Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 accessible -to-all-neighborhood residents. Neighborhood recreation open ,- are not Ii ifed , , playgrounds- ball• -fields, gardens, -0P other recreational 4)---Public Open Space ecceccibilit" he public chall be accessible-to pedestrians lwe hundred (1,200) foot inter, Where nary, pedestrian access corridor- eutlots 5-}- Qpeo. - - - -• - • . - - - - - - =e anaged+rr lrn Section 1007 5.3 of-the-Line- 5. Neighborhood Performance Standards. a. Neighborhood Configuration. • 1) In order to establish a cohesive neighborhood unit, residential lots shall be located in a neighborhood cluster. A neighborhood cluster shall include a minimum of four (4) lots or twenty -five (25) percent of the allowable number of lots on the parcel to be subdivided, whichever is greater. An efficiency of land utilization and community development should be encouraged by maximizing the number of lots in any one cluster development, while adhering to the underlying density and open space requirements of this Ordinance. 2-)- 4- neighborhood cluster shalTbeeriented- whichall-- residentialzn; its sh ' by- -one or a-)- - View -Shed. The-lets ef- a- eeighborheed ma such -that a- ajority of the principle structures w' idwantage-of -a field, wetlandd, weeds; - lake, stream, or- ether -open space -which eau-Id-be described as -view shed. b-)- Physical Amenity, Thelotsef -a neighborhood -beer-ranged such that a -majority ef-the principle structures #ace- green, ball field, -rock outcropping,- stand -ef trees, church, cchool, er -ether -physical feature unigue#e hat-particular neighborhood. s} Streetscape. The such that the principle structures -will- face -a street la-n-d-sca-ping Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -46 DRAFT AMENDMENTS 2011 • • • • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 b. Lot Area. tebhhictues 1) Lots served by individual subsurface sewage treatment systems (ISTS) shall have a minimum of one (1) acre of buildable land area capable of accommodating the principle dwelling, accessory buildings, and two (2) individual soil treatment systems (drainfields). 2) Lots served by a MPCA approved community sewage treatment system shall have a minimum lot area of twenty -five thousand (25,000) square feet of buildable land. 3) No individual single family lot may exceed five (5) acres in size. c. Minimum Lot Width. 1) ISTS Lots. Two hundred (200) feet. 2) Lots Served by a MPCA Approved Community Sewage System. a) Interior Lot. One hundred (100) feet. b) Corner Lot. One hundred twenty -five (125) feet. d. Setbacks. Setbacks shall be the same as those imposed in the -applicable base Rural zoning district. e. Sewer Management. A report shall be , prepared by a Minnesota Pollution Control Agency licensed designer and submitted to the City. ; erg the The report shall demonstrate the feasibility of individual subsurface sewage treatment systems (ISTS) and water syctemc on each lot or a community or shared sewage and water system serving the rural subdivision. The report shall follow all applicable requirements of Minnesota Rules Chapter 7080 -7083, Anoka County or City ordinances, as may be amended, and include a soil fig- analysis an4 percolatien tests to verify report conclusions. For any development with a community sewage treatment system, the City shall require documentation that the property association shall be responsible for liability insurance and costs associated with the maintenance and operation of a community sewage treatment system. The City shall also require an agreement that if the association is not maintaining the system or the system is not operating properly, the City Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -47 DRAFT AMENDMENTS 2011 Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 can undertake needed repair and maintenance and assess the property owners for the costs of such action :without challenge by the property owners. This is not intended to give responsibility for maintenance to the City. This requirement is intended to protect public health and safety in emergency situations. These provisions shall be executed before work begins on the wastewater facilities. This requirement shall be recorded against the property. D. Urban Residential Planned Unit Development Requirements. 1. Purpose. It is the intent of this section to establish special requirements for the approval of a PUD for residential use in areas with municipal water and sanitary sewer service.gfanting -of -e conditional- -permit #er -an - urban - -(with City water and -sanitary sewer) subdivision -pro} 4e promote: a: Preservation-of -unique al-resources. b -Reduction -of -Greation -o# ##a ovides- -a- unified and - enjoyment of and/or -general- -blic. d A and neighborhoods 2. Application. Urban residential planned unit developments shall be allowed only where municipal water and sanitary sewer are available to the site. All dwelling units and uses generating wastewater shall connect to these utilities. shall be applied-only with-la4he City's R 2, R 3, -and -R-4 Zoning, District 3. Densities. The maximum allowable density within an urban residential PUD shall be consistent with the density directives of the Comprehensive Plan. 4. Open Space Performance Standards. a. Open Space Area Regulations. 11 All designated open space shall be platted as outlot parcels and held as open space in perpetuity. Public trail corridors shall be dedicated as park land. 21 Open Space Ownership and Management. If dedicated to the public, the ownership and management of designated open space shall be in accordance with policies applicable to the intended use. If privately Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -48 DRAFT AMENDMENTS 2011 • • • • • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 held, the ownership and management of the open space shall be commonly owned by the property owners in the development and there shall be an association established for the development. Membership shall be mandatory for all property owners in the development. A management plan for the open space shall be prepared describing actions for maintaining the open space. The management plan and the association documents shall be submitted for review and approval by the City prior to and as a condition of final plat approval. 4-} -A- inimum of 4i f {6A}- percent of shalt-be-reserved as- ,open-space, 2) -Designated-open space shall Ariveways. Read ' ,and an emphasis upon tree .,recervatio., ,and wetland protection 3 en designat held as open -space ire - perpetuity. - Public cled atedes park - land. 4- Each open space outlet shall be- classified as naturaf ►abitat, neighbor-hoed recreation, , a mall conform- te4Jhe- type-ef use; ' , -restrictionsof -as specified in-Section-1007 5 of the tine Lakes -Identity. To- provide -an -identity and create -a ooheswe pattern, �re^sidentia�l ^`,^ -shall- be, oriented toward an identifiable futurewhich-they -ave fn on. Such identity may ire accomplirshed by one or more of hefellewing features: �Y � } View-Shed, The-lets-of a neighborhood- -may brrs such that a majority of- the principle st ures w lttakevisual-advantage -of afield, wetland, - woods; lake, stream, or other wen space which -could -be describedasa-view shed. �} The -lets eta - neighborhood maybe arranged h that a-majefity<ef the princible structure will face a green , playground, ball - field, folk ' , standof- trees, -church, - school, Of -ether physical feature unique to -that Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -49 DRAFT AMENDMENTS 2011 Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 Streetscape. Thelets -mad nged structures will face a street mace enhanced with- landscaping street trees, boulevards, sidewalks; trails, ►edians; er- tandscaping techniques 4e the City's street design standards. 65. Yards. a. Setbacks, Periphery. Thefret-and- side- yarcl-restrictions side and rear yard setbacks at the periphery of the Planned Unit Development site at a minimum shall be the same as imposed in the respective base residential zoning districts. b. Setback, Front. Front setbacks may be reduced if it will allow for greater preservation of open space in the development, No building shall be located Tess than twenty -five (25) feet from the back of the curb line along those roadways which are part of the internal street pattern. Setbacks along external collector and arterial streets shall be the same as imposed in residential zoning districts. c. Building Separation. Buildings upon the same lot shall maintain a minimum setback of ten (10) feet between buildings. 7. Structure Standards. All structures Townhouses, sew - condominiums shall comply with the design standards of Section 3, Subd. 4.B.2, ( §1007.043) E. Commercial, or Industrial, or Institutional Planned Unit Development; P Requirements. 1. Purpose. It is the intent of this section to establish special requirements for approval of a PUD for commercial, industrial, and institutional uses in areas with municipal water and sanitary sewer service. further -the directiives,, ,ems f� Sep ctio'n -2, mod: d establish special the anting' of-a -senditfon*t use permit fo allow flexibility from the strict - provisions of -this -0rdiflance in regard #e multiple buildings, shared aecessl- parking, parking -supply reductions, internal setbacks, 2. Standards. a. Open Space. All designated open space shall be platted as outlot parcels and held as open space in perpetuity. Public trail corridors shall be dedicated as park land. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -50 DRAFT AMENDMENTS 2011 • • • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 2) Open Space Ownership and Management. If dedicated to the public, the ownership and management of designated open space shall be in accordance with policies applicable to the intended use. If privately held, the ownership and management of the open space shall be commonly owned by the property owners in the development and there shall be an association established for the development. Membership shall be mandatory for all property owners in the development. A management plan for the open space shall be prepared describing actions for maintaining the open space. The management plan and the association documents shall be submitted for review and approval by the City prior to and as a condition of final plat approval. 4} The PUD - - - - = - - - - - - - . - area than #fie base - 2} The PUD design ef-i ortant-natufal features (e.g., wetlands, _ . _ - - , _ - _ _ . - , slopes over twelve (12) percent). 3} The PUD desige Aclude with a-n emphasien ctreetscape, site - - - _ _ •• - - • - b. Architectural Guidelines. Commercial and industrial buildings shall comply with design standards of Section 3, Subd. 4.B.4 (future §1007.04) of this Ordinance. c. Uses within a commercial, industrial, or institutional PUD shall be consistent with the land use categories of the Comprehensive Plan. F. Procedure for Processing a Planned Unit Development. 1. Stages of PUD. All PUD applications shall be subject to the information submittal requirements and the review process described in Chapter 1001, even if the PUD does not include a subdivision. As described in this chapter and in Chapter 1001, additional information may be required for a PUD compared to other development applications. The information and review processing steps for a PUD are intended to provide for an orderly development and progression of the PUD project -fin, with the greatest expenditure of developmental funds being made only after the City has had ample opportunity for informed decisions as to the acceptability of the various segments of the whole as the plan affects the public interest. The various steps and applications, outlined in detail in the following seotions, are: Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -51 DRAFT AMENDMENTS 2011 Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 1aleighborhood Meeting, .. - i discussions. General PUD Concept Plan Application. Collaborative design of and consideration of the overall concept and plan, including the information and process required in this chapter and the information and process required for a concept plan in § 1001. This includes the information, meetings, .s,�apn_d process for collaborative design described in § 1001.The copncept plan review Gb. -PUD Preliminary Plan Application. Qnear -more detailed Dlans as plan Consideration of plans and documents establishing the uses, densities, architectural themes, conditions, management structure and duties, staging, layout of streets, utilities, open space, and building sites, and other elements of the project, including information and process required in this chapter and the information and process required for a preliminary plat in § 1001. dc. PUD Final Plan Application. of the Development ge PIan in .ten integrated plete,_ finl planConsideration of the Final Plan, which is to serve as a complete, final, detailed, and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process, including the information and process required in this chapter and the information and process required for a final plat in § 1001. Prior to-filing-of -ana ication for PUD, -the applicant forThe- proposed 1 B arrange for and attend -a conference with the -Gommunity Ateuch ,the applicant shall be- prepared - theproposal for a D. T-he primary- ose-of he- conference shall be to- provide -tie appl♦caflt with an opportunity-to-gather information and obtain guidance -aa-to--the general suitability-of -the propesaf4er the area ter wf chit is proposed and its-Genfermity-to--the-previsio-Rs-4---this-OrdinanGebefere-indUrriftg substantial of plans, surveys-an-clothe-T.-data, Neighborhood Meeting, The-Gity-strengly the property owneriapplicant hold--a neighborhood - meeting for informal Gemmeatand feedback prior -te #or-mal- coflcept-application , 23. The person applying for a planned unit development shall fill out and submit to the Zoning Administrator an application form together with a fee as established by the City. Council-resokAion,- The request for planned wait development -shall Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -52 DRAFT AMENDMENTS 2011 • • • DRAFT AMENDMENTS May 2011 • Section 2 Subd. 10. PUD be-placed-en-the -agendas of the Dark Board Environmental d, and-Planning and g Boar - according4o the City's Jea�r�e-a g 6ch�.�;;� 34. RA planned unit development rezening application shall be posted and advertised as required by city code for a zoning amendment. Section 2, Subd. 4 of-#his 3rdinance. 5: Planned -shat be- hosted and -with See. -a bd. -2-13-. 45.PA public hearings shall be held at-for the PUD Preliminary Plan development stage 57. General Concept Plan Application. a. Purpose. The purpose of the PUD Concept Plan is to provide an opportunity for the applicant to submit a plan to the City showing the basic intent and the general nature of the entire development before incurring the substantial cost of preparing a preliminary plat application. This Concept Plan provides an opportunity for the proposal to be publicly considered at an early stage. The Gener itan liication ands -te the-Gity intent nnrl +he general nature-of-the-entire-development This Concept Plan provides-an opportunity✓for - proposal to be-pa y stage. The Concept- Plan represent t immediately significant element h4he_Git� which- a-deciSie-shall - r d: ``'' `7l eendere n -b staff note: these "immediately significant elements" have been incorporated into collaborative design discussion points at 1001.025 1 -Q�,^ll• Maximum-R'^ Density Ra nge. 2} General Location ef- ,Aajer -S Teets and-Pedestrian Ways. 3-} Generalnd- Exte t e blic and en 4} i ef- Residential -and Uses-with-Approximate Type-and Intensities-of Development 5 A Staging and Time Schedule of-Development 5} Dther-Speciat-Griteria-foFDevelopment Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -53 DRAFT AMENDMENTS 2011 DRAFT AMENDMENTS May 2011 Section 2 Subd. 10. PUD staff note: submittal information to be listed in platting chapter, not PUD chapter 4-)- General information, a} _____ - _Owner, The d telephone number-and- his interest in-the-subject PFGPeFty, b)-- Applicant. The applicants , telephone-number landowner, The - applicant mayesignate-an-agent to be contacted-by-the City, applicant. Consultants. The names and consultants development-of-the PUB , including , engineer -mod r. d} Title -ef Applicant. su#icientsentrolover the ertyle effectuate the proposed , i g--a- stateement of all legal, - beneficcial; interests held-in-or affecting +he subject property -,and including- an up to date c registered-preperty-r-epertv-and-suola-ether- -evidence as e-GityAtterney -may require 40- a status of title - or control of -the subject - property. 2) Present Status of Premises and Adjacent Properties. a) Description. The address -an44egal- description -of4he erty. -A survey is -rewired: b} Zoning. The existing -zoning-classification-and present ase of --tire ail-lands within five hundred -s bject property. o} Map. -A single-reproducible map or aerial photograph at-a- scale of -net le -s than-one (1) inch-equals-one hundred- (100) feet, depicting-Me-existing development-of the subject-property-and-all-land Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -54 DRAFT AMENDMENTS 2011 • • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 within-five-hundreds thereof - show„ -tee precise location-of-existing- streets. Narrative describing -- the - proposed -PUD and the - marketwhioh- -is intended le- rve, showing ' to the - City's en4 hew -the- proposed PUID- s --te-be designed, arranged - nd- operated in orders- permit#be development and-use-of-neighboring property in assordance with- of the City. 4} - by the ,,�City, the xi esting site oonditionsat -a scale d€ ;ot lose than one (1) inch (100) feet ;halt be bmittod and shall contain -the #eltowing -: casements and ities: b) Centeoro- miniret o-} Location, type, andextentof tree cover. e} - - - - - - - - • - - - - - - - , wetlands, and streams-and-flood-plains-within-three hundred{-300-) f)- Existing drainage patterns 0} -4) veil-- conditions -as they affect development. All of the graphics -old- th game scale as4he- finalptan to allow-easy-Gross reference. The useof over-lays-is resommended-40F clear reference. Concept Dfawing, Schematic drawing -441 a proposed developmentoonoept-inoluding„ but not limited te; the general location -o€ major cirsolation- cicmcnts, 1 rec ide n tia l -and -eaaher lan dp'oubsleioso- nd 6-) Number-of-Units. A statement-of-the estimated tots - number of d- welling- and/orether -units proposed -for the -RUB-and a Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -55 DRAFT AMENDMENTS 2011 Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 tabulation of- theprspesed,approximate allocationsef land use expr d-in acres ders a -total- project area, which shall include at least the following: a} uses. e- structure or use type. Area -devoted to common open- pace. Area Approximate-area devoted to streets. Approximate area, #loorarea -clevoted4o g} , -and-potential-floor area, devoted-4o uses. Staged Development. Wh the- U id's p 4n stages during a`� -tim extendi 'g a - Ingle construction season, a- schedule for-the development-of-such stages or units statingtheapproximate begin- such stage-or-unit Total• UD publieerUsemmon open #e-be -provided during-each such stageandthe- overall - chronology e# development-te-be-followed-fromstage-to stage. Common Areas. When the proposedPW1D includes previsions-#er mmon-open -service space ore facilities, a- statement describing-the-provision that-is -tote made -for the -of such open space or service facilitiees. 4#-it-is-proposed that such open space be owned - and /or maintained- -any entity other than- -a governmental e€ he- proposed articles-of incorporation and by -laws -shallbe submitted during-the-development stage. 9) Covenants. General intent o€ -any- restrictive covenants -hat are to respect 4o the proposed D. Lino Lakes Zoning Ordinance Amended per Ord. No. 05 -09 Administration 2 -56 DRAFT AMENDMENTS 2011 • • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 10) WhcrD deemed necessary, a- market feasibility- studyinGlud-ingar} analysis -of the proposals economic 4 pact-en-the City. staff note: only needed if TIF -6, -General-Geneept-Rlan-Process, e the-- Gity°s City at�ul1. 1larl cnhedulod meetings e ariy-VV„V..w�VV ��VV•��yV iV I ' .re •. ien4o ' ' ' I D Ian I _ �J _ _ _ tionc. 86. PUD Preliminary Plan Application. a. Purpose. The purpose of the PUD Preliminary Plan Plan_ is to formally establish the uses, densities, architectural themes, conditions, management structure and duties, staging, layout of streets, utilities, open space, and building sites, and other elements of the project. The PUD Preliminary Plan shall include the preliminary plat if the PUD includes platting. -particular plans -Beard will• -base i is to -the to b. The PUD Preliminary Plan may vary in the level of detail of the project elements established depending on the size, scope, staging, complexity of the project, GT. - . e •• e • - ! - Following review of ♦he General -Concept Plan, the applicant mall -file with Development -Departmenta Development- -Stage • .en including on and requiredbySection -2 Subd. 10.F.8.e for the entire D. The shall-refine-the General Concept Plan. 1mmediately-upon receipt -of a completed Development -Stage the-Gommunitf -Development directorehallrefersueh plan - the appropriate City staff, -citizen- boards, and-other special review agencies such as- the-Rice Creek Wat,, ershedDistrict7Departmentof Natural -Resources, -Or Environmental Quality Beard-where applicable. Lino Lakes Zoning Ordinance Amended per Ord. No. 05 -09 Administration 2 -57 DRAFT AMENDMENTS 2011 Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 d. •_ _ -- -- '- - - -' The -the Stage to he awing criteria: flat -include Iimited 1-} Individual-Rights deguate pr pe ty-sentret -previded4e protect The individual owners' -r -afld property -values-and the public respe ity #er - nd- upkeep 2-}- Traffic tPlan. The interior an4 onto i beee er fho safety of th project residents-and the-general `.'pe ' Spa`.e• -A provided, 4) _ Compatibility. The s ding area. 5) - Drainage. T .and utility system planc are submitted to the City Engineer and The-final utility plane shall be 64- - Schedule schedule insures- a4egisal development-of the site - which and 7-} Matting Requirements. The with -the *eguirements e4 the Lino Lakes, ubdivision Ordinance: district Requircmcnts. -Dwelling-u-nit yand,�a:,c�cc^ssory use req �irements, e - witF'f,.the F�ict,provicions'-in which 4he development-is planned. Y�" �"� staff note: submittal information to be listed in platting chapter, not PUD chapter e: -!- - __ - -- - -- - -- • - Information, submidsiensshould depict and outline d impl°Gn ien-e€ -e General Concept-Stage-for the PD: Information from the General Concept Stage -may- be-insluded4er background-and teprovide -a basis 4eF- he-submittedplan. The Development Stage submissions shall in-dude but-not- -be limited- #e: I) -Zefling Required. Zoning classification reguired4er Development g e -sub-missien and anyetherpublic Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -58 DRAFT AMENDMENTS 2011 • • • • Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 for- implementation of the proposed plan, 2 Prelim-in-my Plat. - formational -the Subdivision- a} Buildings. The location, size, use-and-arrangement including-height . in storiee and feet and total feet d -#leer-area,- ar proposed ildings; and remain, if any _ f of _ _ ' - _ _ , - _ _ . , parking stalls, leading aces -alt other dike- including and-the and total arca shalt d} Location, designation and total area - proposed be - feF-public open-space, • sites and Locate € isting- Structures. The- Iocatien, use and size e# -structures-and-other-land -uses-en- adjacent pis. Other Data: a y- have been fegeired--by- -the Planning oningBeardin approvd the General Aept Ran, g} "._.. _ IegalDeseription, - An-- accuratelegat-dessriptioeef the entire area within-the for- which-final plan approval -le sought, correlated fe the-leg-al districts 4m -this Ordinance. 3-} Areas of Use. -A- ation- indicatingtheapproximate grocc square feetage; f -ef commercial and- industrial -flew space i type activity (e.g. drug store, drfcleaning, Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -59 DRAFT AMENDMENTS 2011 Section 2 Subd. 10. PUD DRAFT AMENDMENTS May 2011 4} Ac hitectural Plans. Preliminaryaahiectural plans,' indicating • , e _ - _ ' - _ _ -wall finishes -4-propeseel-buildings and -guidelines for b} landscape Plan. A- detalledIand-ssapingplan indudng he type, - size and 6} Graelingand and topography and natural site - dearly- reflect -the site - - . ' - _ - - - -with-the-approved concept plan, 74 Erosion Control. to watershed-- d-istrist wit - review measures tabe • - _ _ - changes which have been ado any-- document, plan -data information- together-with - revised co a#-" '7 , plan--or-data, Additional-Data, further information -as the Planning . nd-Z ning Development Director or City Council shall find necessary-to- a full +he entire per, PUD or any stage thereof, fc. The terms of the PUD as approved by the City Council shall be embodied in a PUD Agreement, Development Contract, and such other documents as the City shall deem necessary or desirable. The PUD Agreement and any appropriate resolution of the City Council shall be filed with the Anoka County Recorder at the expense of the applicant. At- the - election - of-the City, -filing e€fhe Development StagRUD be delayed until The-fin-at plants-filed, Where the B IanPUD Preliminary Plan is denied approval, Council action shall be by written resolution setting forth its findings and conclusions in support of its action. gd. Limitation on Development Plan Approval. Unless a Final Plan covering the area designated in the Development Stage PIanPUD Preliminary Plan as the first stage of the PUD has been filed within one (1) year from the date the City Council grants -Stage PIanPUD Preliminary Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -60 DRAFT AMENDMENTS 2011 • • • DRAFT AMENDMENTS May 2011 • Section 2 Subd. 10. PUD Plan approval, or in any case where the applicant fails to file Final Plans and to proceed with development in accordance with the provisions of this Ordinance and /or an approved Stage-P4anPUD Preliminary Plan, the approval shall expire. The City Council may at its discretion extend for six month intervals the filing deadline for any Final Plan when, for good cause shown, such extension is necessary. The City Council may approve such an extension after the deadline date passes. In any case where Development PUD Preliminary Plan approval expires and no extension has been approved, the City Council may adopt a resolution repealing the Developmente- PtanPUD Preliminary Plan approval for that portion of the PUD that has not received Final Plan approval and re- establishing the zoning and other Code provisions that would otherwise be applicable. 97 PUD Final Plan Application. a. Purpose. The PUD Final Plan is to serve as a complete, detailed, and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other provisions of the City Code as the land use regulation applicable to the PUD. b. Submission of Final Plan. Upon approval of the PUD Preliminary Plan, and within the time established herein the applicant shall file with the Zoning Administrator an application and Final Plan consisting of the information and submissions required by this Code for the entire PUD or for one (1) or more stages. The Final Plan shall conform to the PUD Preliminary Development Stage Plan in all respects, and shall be integrated as a coherent statement of the entire Plan. Appropriate cross - referencing and incorporation of recorded documents may be utilized. G. Anal- Plan After review ef-a General Conceptfor- approvat Plain for a section-or sections-of -the-proposed PUD,4heapplicant wi# submit he ellowing matei+at er review 411e City- stai-pHor40 a -building-permit staff note: submittal information to be listed in platting chapter, not PUD chapter 4} Recording Proof. Documents estabti -Ring the-recording-of any- easement or other documents required by he City prior to the sale-of a- Ryland or welling included 1n- the-PUB and - andactivation of-any-entity that 46 to be _maintenance a-ny-141149146-41-60f114110flopen space OF service facility, Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -61 DRAFT AMENDMENTS 2011 DRAFT AMENDMENTS May 2011 Section 2 Subd. 10. PUD 2-} Final Plans, Structures. -mat working drawings-at -all-struotufes, 8) -Final-Engineering-Plans, } send specifications for streets, drainage, ies -anti � to ffulatic improvements; ogether- with- a such improvements-and financial Other l� D-rans. Any other-plans, agreements, r- specifications necessary for 4he City staff to review -the- imposed Khali -die +a 8,6) Recording of Final Plan. Within sixty (60) days of its approval, the applicant, or at its election, the City, shall cause the Final Plan, or such portions thereof as are appropriate, to be recorded with the County Recorder or Registrar of Titles, at the expense of the applicant. Certified copies of all relevant recorded documents shall be furnished to the City. 9.6) Building and Other Permits. Except as otherwise expressly provided herein, upon receiving notice from the Community Development Director that the approved Final Plan and development agreement have been recorded, all appropriate officials of the City may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved Final Plan or intermediate Development Stage PIanPUD Preliminary Plan provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that all requirements which are applicable to the permit sought, have been satisfied. 10 1) Limitation on Final Plan Approval. Within one (1) year after the approval of a Final Plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted and hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan and the area encompassed within the PUD shall thereafter be subject to those provisions of the Zoning Code, and other Code provisions, applicable in the district in which it is located. In such case, the Council shall adopt a resolution repealing the PUD permit and PUD approvals and re- establishing the zoning and other provisions that would otherwise be applicable. Lino Lakes Zoning Ordinance Administration Amended per Ord. No. 05 -09 2 -62 DRAFT AMENDMENTS 2011