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HomeMy WebLinkAbout2009-005 Council OrdinanceslStReading: 7/27/2009 Publication: 8/18/2009 2nd Reading: 8/10/2009 Effective: 9/17/7009 Council Member 0' Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 05-09 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO REMOVE THE SIX-MONTH MAXIMUM ON EXTENSIONS FOR SUBMITTING THE FINAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT Section 1 Findings 1. Section 2, Subd. 10 of the Lino Lakes Zoning Ordinance includes the requirements for a Planned Unit Development. 2. Section 2, Subd. 10.F.8.g. includes the time frame requirements for submittal of the final plan for a Planned Unit Development. This requires that the final plan be submitted within one- year of approval of the development stage plan. It also allows an extension for not more than six months. 3. Section 2, Subdivision l of the Zoning Ordinance requires that the City must consider possible adverse effects of a proposed amendment to the Zoning Ordinance and 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. This amendment does not involve a rezoning of a property, but the removal of a time extension restriction. The restriction applies only to planned unit developments. Other platting projects, with timelines governed locally by the subdivision and platting chapter of the city code, do not have such a restriction. 2. The proposed use is or will be compatible with present and future land uses of the area. This removal of a time extension restriction will have no effect on the compatibility of any project with its surrounding uses. 3. The proposed use conforms with all performance standards contained herein. This removal of a time extension restriction is an amendment of a performance standard. No compliance with other standards will be affected. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Ordinance No. 05-09, page 2 5. Traffic generation by the proposed use is within capabilities of streets serving the property. This removal of a time extension restriction will have no effect on a project's needs for or effects on City utilities or transportation infrastructure or other services. 4. The maximum of six -months for extension of the filing of a final Planned Unit Development plan limits City Council discretion and has the potential to prevent the initiation or completion of a project deemed to have public value by the Council and the community. 5. The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance amendment on July 8, 2009, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that Section 2, Subd. 10.F.8.g. of the Zoning Ordinance is hereby amended to delete the text shown in strikeout and add text that is underlined: Limitation on Development Plan Approval. Unless a Final Plan covering the area designated in the Development Stage Plan as the first stage of the PUD has been filed within one (1) year from the date the City Council grants Development Stage 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 Development Stage Plan, the approval shall expire. The City Council may at its discretion; extend for six-month intervals not more than six months, 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 Plan approval expires and no extension has been approved, the City Council may adopt a resolution repealing the Development Stage 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. Section 3 Zoning Ordinance Stands As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 4 In Force According to City Charter This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. lianne Bartel ity Clerk Ordinance No. 05-09, page 3 John trgeso Adopted by the Lino Lakes City Council this 1 o day of Aug , 2009. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Reinert and upon a vote being taken thereon, the following voted in favor thereof: O'Donnell, Reinert, Gallup, Stoltz, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. AGENDA ITEM 6 B i. and ii. STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: August 10, 2009 TOPIC: i. Second Reading, Ordinance No. 05-09: Amending Planned Unit Development Section of Zoning Ordinance to Remove Six -Month Limit on Extensions for Submitting Final Development Plan ii. Resolution No. 09-53 Approving Summary of Ordinance No. 05-09 For Publication ACTION: 3/5 vote on Ordinance No. 05-09 4/5 vote on Resolution No. 09-53 BACKGROUND The City Council approved the first reading of this ordinance on July 27. This is the second reading. Once adopted, all ordinances must be published in the official newspaper. However, state statute allows the City by a 4/5 vote to publish a summary of an ordinance as long as the summary clearly informs the public of the intent and effect of the ordinance. This saves on publication costs. Resolution No. 09-53 approves a summary of the ordinance. The zoning ordinance includes requirements for a Planned Unit Development (PUD). The "development stage plan" includes a preliminary plat. The final plat and other more defined elements of a PUD are included in the "final plan". The ordinance currently requires submittal of the final plan within one year of approval of the development stage plan. Beyond this, the ordinance limits an extension of time to six months. The proposed ordinance amendment would eliminate this six-month limit on extensions. OPTIONS 1. Approve second reading of Ordinance No. 05-09 removing the six-month limit for extensions of the period allowed for submitting a PUD final plan. 2. Return to staff with direction. RECOMMENDATION Option 1