HomeMy WebLinkAbout2009-054 Council ResolutionCouncil MemoeDonnel introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 09-54
RESOLUTION APPROVING A SUMMARY OF
ORDINANCE NO. 04-09 FOR PUBLICATION
WHEREAS, the City Council approved Ordinance No. 04 -09, Amending the Zoning Ordinance
to amend the Limited Business and General Business zoning districts to allow public,
educational, and religious uses as conditional uses, and
WHEREAS, Ordinance No. 04 -09 also amends Section 700 of the City Code so that the
separation distance for liquor licenses shall not apply if a school or church is in a Limited
Business or General Business zoning district ; and
WHEREAS, MN statute 412.191 provides for a city to publish a summary of an ordinance, and
WHEREAS, the City Council determines that the summary in Attachment A clearly informs the
public of the intent and effect of Ordinance No. 04 -09, and
WHEREAS, the publication in the official newspaper will include a notice that a full printed
copy of the ordinance is available at City Hall,
NOW, THEREFORE BE IT RESOLVED THAT the City Council approves the summary in
Attachment A for publication according to state law and the City Charter.
Passed by the Lino Lakes City Council this 10th day of August, 2009.
ATTEST:
J. Berg on, ayor
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
Stoltz and upon vote being taken thereon, the following voted in favor thereof:
O'Donnell, Stoltz, Reinert, Gallup, Bergeson
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
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ATTACHMENT A, Resolution No. 09 -54
CITY OF LINO LAKES
COUNTY OF ANOKA
SUMMARY OF ORDINANCE NO. 04 -09
AN ORDINANCE AMENDING THE LIMITED AND GENERAL BUSINESS
DISTRICTS TO ALLOW PUBLIC, EDUCATIONAL, AND RELIGIOUS USES AS
CONDITIONAL USES
AND
AMENDING SECTION 700 OF THE CITY CODE SO THAT THE REQUIRED
DISTANCE FOR LIQUOR LICENSES SHALL NOT APPLY IF A SCHOOL OR
CHURCH IS IN A LIMITED OR GENERAL BUSINESS ZONING DISTRICT
Section 1: Findings: 1) The Zoning Ordinance allows public, educational, and religious
buildings as conditional uses in the Rural and Residential zoning districts. 2) The Zoning
Ordinance allows private lodges and clubs as conditional uses in the Limited Business and
General Business zoning districts. 3) The federal Religious Land Use and Institutionalized
Persons Act of 2000 requires a city to treat religious uses such as churches the same as the city
treats other similar uses. Lodges and clubs are similar to public, educational, and religious uses
in their activities and potential impacts. 4) The City Council finds that this ordinance complies
with factors required for amending the Zoning Ordinance. 5) Residential and rural districts are
not typically planned with the infrastructure and other elements necessary to support higher
intensity uses planned for in business districts. It is appropriate that some requirements in
residential and rural zoning districts may be more restrictive than in business districts to protect
the lower intensity residential and rural uses. 6) The Lino Lakes Planning & Zoning Board held
a public hearing on the amendments on July 8, 2009, and recommended approval.
Section 2: The Zoning Ordinance is hereby amended as follows (deleted text in str-ilEeetit, added
text in underline), and subsequent elements within the subdivisions shall be renumbered as
appropriate:
Section 7, Subd. 2 Limited Business, and Subd. 3 General Business
E. Building Requirements. All newly constructed commercial buildings shall meet the
exterior building standards of Section 3, Subd. 4.B.4 of this Ordinance
H. Conditional Uses
Private Lodges and Clubs
a. Adequate screening from abutting and adjoining residential uses and landscaping is
pre'
b. Adequate off street parking and access is provided and that such parking is adequately
screened and landscaped from adjoining and residential uses.
a. Screening from residential uses and landscaping is provided in compliance with
requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance.
b. Adequate off - street parking and access is provided on the site or on lots directly abutting
directly across a public street or alley to the principal use in compliance with Section 3,
Subd. 5. of this Ordinance
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c. Parking is screened and landscaped in compliance with requirements for business or
industrial uses in Section 3, Subd. 4.Q of this Ordinance.
ed. Adequate off - street loading and service entrances are provided and regulated where
applicable by Section 3, Subd. 6. of this Ordinance.
Public, Educational, and Religious Buildings. Public or semi - public recreational buildings
and neighborhood or community centers; limited to nursery, elementary, junior high and
senior high schools; and religious institutions such as churches, chapels, temples, mosque,
and synagogues provided that:
a. Screening from residential uses and landscaping is provided in compliance with
requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance.
b. Adequate off - street parking and access is provided on the site or on lots directly abutting
directly across a public street or alley to the principal use in compliance with Section 3,
Subd. 5. of this Ordinance
c. Parking is screened and landscaped in compliance with requirements for business or
industrial uses in Section 3, Subd. 4.Q of this Ordinance.
d. Adequate off - street loading and service entrances are provided and regulated where
applicable by Section 3, Subd. 6. of this Ordinance.
Section 3: The City Code is hereby amended as follows (added text in underline),
§ 701.07 PLACES INELIGIBLE FOR LICENSE.
(a) For the purposes of the separation restriction in this division, a school is a building that
is principally used as a place where 25 or more persons receive a full course of educational
instruction and the educational instruction is provided on a daily basis by an established
school board or church. This does not include any post- secondary or post -high school
educational building, including any college or any vocational - technical college. Nor does
the separation apply to a daycare or early childhood facility, where children typically are
under constant supervision while at the facility and when traveling to and from the facility.
(b) The establishment of a school or church within the separation distance after an original
liquor license application has been granted shall not, in and of itself, render the premises
ineligible for renewal of the license.
(c) This separation distance restriction shall not be applicable if a school or church is located
in a Limited Business or General Business zoning district.
Section 4: As above amended, said Zoning Ordinance shall stand as initially passed and
previously amended.
Section 5: This ordinance shall be in effect in accordance with the City Charter.
Passed by the Lino Lakes City Council on August 10, 2009. This is a summary of the adopted
ordinance. A full printed copy of the ordinance is available at City Hall.
ATTACHMENT A, Resolution No. 09 -54, page 2