HomeMy WebLinkAbout2008-084 Council Resolution•
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Council Member ° Donnel }introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 08 -84
RESOLUTION APPROVING A SUMMARY OF ORDINANCE NO. 11 -08
FOR PUBLICATION
WHEREAS, the City Council has approved first and second reading of Ordinance No.
11 -08, amending the zoning ordinance to accommodate Animal Control Regulations,
Non - Conforming Uses, Accessory Structures located within an easement, and
typographical corrections; and
WHEREAS, Ordinance No. 11 -08 is lengthy and MN Statute 412.191 provides for a city
to publish a summary of an ordinance, and
WHEREAS, the City Council determines that the summary clearly informs the public of
the intent and effect of the ordinance, 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 11th day of August 2008.
Joh
The motion for the adoption of the foregoing resolution was duly seconded by Council
Member Ga i l up and upon vote being taken thereon, the following voted in favor
thereof:
O'Donnell, Gallup, Stoltz, Reinert, Bergeson
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
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ATTACHMENT A, RESOLUTION 08 -84
CITY OF LINO LAKES
COUNTY OF ANOKA
SUMMARY OF ORDINANCE NO. 11 -08
AN ORDINANCE amending the zoning ordinance to accommodate Animal Control
Regulations, Non - Conforming Uses, Accessory Structures within an Easement,
and typographical corrections.
The following sections are included in this ordinance amendment:
Section 1 Title /Application /Rules
Section 3 General Provisions
Section 5 Rural Provisions
Section 7 Business Districts
Section 8 Industrial Districts
Section 9 Special Districts
Passed by the Lino Lakes City Council on August 11, 2008.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is
available at City Hall.
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STAFF ORIGINATOR:
CC MEETING DATE:
TOPIC:
BACKGROUND
AGENDA ITEM 6.A.
Paul Bengtson
August 11, 2008
Zoning Ordinance Amendment
• Animal Control Regulations
• Non - conforming Uses and Structures
• Accessory Structures in Easements
• Minor Typographical Corrections
i. Second Reading
Ordinance Number 11 -08
ii. Summary for publication
Resolution Number 08 -84
The City Council enacted new Animal Control regulations within the city code with the adoption
of Ordinance Number 03 -08 on May 27, 2008. Several sections of the zoning ordinance deal
with animal control regulations, therefore it is necessary to amend the zoning ordinance to
accommodate the newly adopted City Code Chapter 503, which will become effective July 10,
2008.
Staff has also identified some additional unrelated issues within the affected sections that needed
to be addressed. These include amendments to align the city with state statutes in regards to non-
conforming uses and structures, and amendments to address the city policy to allow accessory
structures to be placed in easements under certain conditions.
Additionally, within the sections that amendments were already contemplated, staff has
identified a number of non - substantive grammatical errors for correction.
ANALYSIS
The proposed amendments are broken down section by section, indicating the reason for the
change. The full language is also attached to this report.
Section 1 Subdivision 2 `Rules and Definitions'
Subdivision 2.B 'Definitions'
Definitions proposed to be added:
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• Greenhouse/Nursery, Commercial — previously undefmed use, language
taken from APA Planning Advisory Service Report
• Veterinary Hospital — previously undefmed use, language taken from City
Code Chapter 503
Definitions proposed to be removed:
• Agricultural Farm Building — moved to Farm Building
• Farm Dwelling — encompassed in the dwelling definition
• Farm Limited — encompassed in the amended farm definition
Definitions proposed to be amended:
• Agriculture — clarified by adding language
• Animal Unit — changed to match state statute
• Animals, Domestic — changed to new City Code definition
• Animals, Farm — changed to new City Code definition
• Farm — shortened definition to encompass all farms
• Farm Building — moved Agricultural Farm Building here
• Kennel, Commercial - changed to new City Code definition
• Kennel, Private - changed to new City Code definition
• Lot Area — non - substantive grammatical correction
• Section 3.Subdivision 2 `Non - Conforming Uses and Structures'
Subdivision 2.B `Provisions'
Amendment proposed to adopt the state statute language which was enacted since
the last zoning ordinance update was completed in 2003.
Section 3 Subdivision 4 `General Building and Use Provisions'
Subdivision 4.D.1 `General Provisions'
Amendment to reflect the current city policy that easily moveable accessory
structures are eligible for encroachment agreements.
Subdivision 4.D.8 `Domestic Animal Shelters'
Amendment to provide standards for domestic animal shelters and allow them to
be exempt from the accessory structure size and number limits.
Subdivision 4.P `Exterior Storage'
Amendment to correct references to other sections of the ordinance.
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Subdivision 4.R `Fences and Walls'
Amendment to account for block and retaining walls as well as fences. Majority
of such changes involved simply adding the phrase `or wall' to the ordinance.
Additional amendment to correct references to other sections of the ordinance,
non - substantive grammatical changes, and to change `non - domestic animal' to the
city code terminology of `farm animal'.
Section 3 Subdivision 5 `Off - Street Parking'
Subdivision 5.0 `General Provisions'
Amendment to correct references to other sections of the ordinance.
Subdivision 5.F.12 `Number of Spaces Required'
Amendment to change the language from `Animal Hospitals and Clinics' to
`Veterinary Hospitals' to match the proposed definition.
Section 5 Subdivision 1 `Rural District'
Subdivision 1.E.6 `Permitted Uses — Keeping of Farm Animals'
The term `keeping of farm animals' is substituted for `limited livestock' to
correlate with Chapter 503.
Subdivision 1.G.4 `Conditional Uses — Commercial Stables or Kennels'
Veterinary Hospital was removed and added as its own use within the conditional
use section. Language was changed to match with terms as defined in the
ordinance. Conditions of the use were amended to prohibit the use on non-
conforming lots and to include setback language that was in the old city code but
belonged in the zoning ordinance instead.
Subdivision 1.G.5 `Conditional Uses — Veterinary Hospitals'
Conditions similar to those listed in the industrial section of the ordinance were
added. More restrictive controls were also added to prohibit the use on non-
conforming lots and to include setback language that was in the old city code but
belonged in the zoning ordinance instead.
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Section 5 Subdivision 2 `Rural Executive District'
Subdivision 2.E.6 `Permitted Uses — Keeping of Farm Animals'
The term `keeping of farm animals' is substituted for `limited livestock' to
correlate with Chapter 503.
Subdivision 2.G.3 `Conditional Uses — Commercial Stables or Kennels'
Veterinary Hospital was removed and added as its own use within the conditional
use section. Language was changed to match with terms as defined in the
ordinance. Conditions of the use were amended to prohibit the use on non-
conforming lots and to include setback language that was in the old city code but
belonged in the zoning ordinance instead.
Subdivision 2.G.4 `Conditional Uses — Veterinary Hospitals'
Conditions similar to those listed in the industrial section of the ordinance were
added. More restrictive controls were also added to prohibit the use on non-
conforming lots and to include setback language that was in the old city code but
belonged in the zoning ordinance instead.
Section 7 Subdivision 3 `General Business District'
Subdivision F.3 `Permitted Uses — Commercial Greenhouses/Nurseries'
Amended to match the proposed `Commercial Greenhouse/Nursery' definition.
Subdivision H.14 `Conditional Uses— Veterinary Hospitals'
Conditions similar to those listed in the industrial section of the ordinance were
added. More restrictive controls were also added to prohibit exterior exercise
areas.
Section 8 Subdivision 1 `Light Industrial District'
Subdivision 1.I.6 `Conditional Uses — Veterinary Hospitals'
More restrictive controls were added to minimize exterior exercise areas and to
limit the number of dogs boarded to 40.
Section 9 Subdivision 1 `Public Semi - Public District'
Subdivision 1.J `Interim Uses — Farms, Dwellings, or Agriculture'
Amendment to match the uses to those defined by the zoning ordinance.
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Section 9 Subdivision 2 `Rural Business Reserve District'
Subdivision 2.G.10 `Permitted Uses — Keeping of Farm Animals'
Stock raising, dairying and stables were eliminated by the new city code, so the
term `keeping of farm animals' is substituted.
Subdivision 2.I.4 `Conditional Uses — Commercial Stables or Kennels'
Veterinary Hospital was removed and added as its own use within the conditional
use section. Language was changed to match with terms as defined in the
ordinance. Conditions of the use were amended to prohibit the use on non-
conforming lots and to include setback language that was in the old city code but
belonged in the zoning ordinance instead.
Subdivision 2.I.5 `Conditional Uses — Veterinary Hospitals'
Conditions similar to those listed in the industrial section of the ordinance were
added. More restrictive controls were also added to prohibit the use on non-
conforming lots and to include setback language that was in the old city code but
belonged in the zoning ordinance instead.
RECOMMENDATIONS
The Planning and Zoning Board held a Public Hearing on July 9, 2008 and ultimately
recommended approval of the ordinance amendment.
Staff is recommending adoption of the Ordinance Number 11 -08, amending the zoning
ordinance as outlined within the attached ordinance document.
ATTACHMENTS
• 1. Ordinance Number 11 -08
2. Resolution Number 08 -84