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HomeMy WebLinkAbout2008-001 Council Ordinances1st Reading: January 14, 2008 Publication: February 5, 2008 2nd Reading: January 28, 2008 Effective: March 6, 2008 Council Member O'Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 01-08 AMENDING THE ZONING ORDINANCE TO ESTABLISH A TIME LIMIT FOR COMPLETION OF EXTERIOR IMPROVEMENTS TO STRUCTURES The City Council of the City of Lino Lakes, Anoka County, Minnesota ordains: Section 1 Findings The City Council makes the following findings: 1) When building permits are issued but work on the exteriors of buildings is not completed for extended periods of time, the unfinished work can be an eyesore for neighboring property owners and lead to deterioration of building materials. 2) Section 2, Subd. 1 of the Zoning Ordinance governs amendments to the Zoning Ordinance. Section 2, Subd. 1.E. states that 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. The amendment to Section 3, Subd. 4.B. of the Zoning Ordinance to require completion of exterior improvements within defined time periods will support the Comprehensive Plan, which includes the following in the Land Use Plan section: General Goals: 1. Maintain and enhance Lino Lakes' positive identity. 3. Preserve, protect and enhance property values. Residential Goals: 1. Maintain and enhance the strong character of Lino Lakes' single family residential neighborhoods. Residential Policies: 10. Adhere to the highest community design and construction standards for new multiple family housing construction projects. L. L Commercial Policies: 3. Require commercial development in Lino Lakes to meet architectural performance standards which assure the creation of attractive, functional and durable structures. Different standards may be established for different areas. Industrial Policies: 6. Require industrial development in Lino Lakes to meet building performance standards which assure the creation of attractive, functional and durable structures. These standards will be established to pursue quality throughout the community, both at the time of development and in the future. 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. These do not apply to the proposed amendment to the text to require completion of exterior improvements. 3) A notice of the public hearing was published in the official newspaper. The Planning & Zoning Board conducted a public hearing on the amendment on December 12, 2007 and recommended approval. Section 2 The Zoning Ordinance of the City of Lino Lakes, passed the City Council on March 10, 2003 as Ordinance No. 08-03 and subsequently amended is hereby amended as shown below. Underlined text is to be added. SECTION 3 GENERAL PROVISIONS Subd. 4 General Building and Use Provisions. B. Building Type and Construction. 6. Completion of Exterior Improvements a. All exterior improvements of a structure, or portion thereof, to single family dwellings, multiple family dwellings of twelve (12) units or less, or any structure accessory to a residential use shall be completed in accordance with City -approved construction plans within one hundred eighty (180) days after the date the City issued the building permit. Ordinance No. 01-08, page 2 b. All exterior improvements of a structure, or portion thereof, to multiple family dwellings of more than twelve (12) units or any commercial, industrial, office, institutional or non-residential structure shall be completed in accordance with City -approved construction plans within one (1) year after the date the City issued the building permit. c. In all cases, the compliance deadline shall be upheld unless: 1) the process for a temporary Certificate of Occupancy is completed as described in the City Fee Schedule, as amended, which would extend the completion date beyond those listed in paragraphs a. and b. above; or 2) a written extension is submitted and approved by the Building Official. Such an extension may be granted in the event that a natural disaster or a calamitous event occurs which unavoidably delays the completion of the building project. d. For building permits issued prior to the effective date of the ordinance amendment establishing the time limits in paragraphs a. and b. above (Ordinance No. 01-08), the time period for the limits begins with the effective date of the amendment establishing the time limits. Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect upon its adoption and publication and in accordance with the Lino Lakes City Charter. st: Julianne B. ell, ity Clerk Adopted by the Lino Lakes City Council this 28th day of January, 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member �.Rejnert and upon a vote being taken thereon, the following voted in favor thereof: O'Donnell, Reinert, Gallup, Bergeson The followingvoted against same: none (toltz absent) Whereupon said ordinance was declared duly passed and adopted Ordinance No. 01-08, page 3 AGENDA ITEM 6 B i. and ii. STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: January 28, 2008 TOPIC: i. Second Reading, Ordinance No. 01- 08 Amending The Zoning Ordinance To Establish A Time Limit For Completion of Exterior Improvements To Structures ii. Resolution No. 08-03, Approving Summary of Ordinance No. 01-08 For Publication ACTION: 3/5 vote on Ordinance No. 01-08 4/5 vote on Resolution No. 08-03 BACKGROUND The City Council approved the first reading of Ord. No. 01-08 on January 14. This is the second reading. The ordinance amends the Zoning Ordinance to establish a time limit for completion of work on building exteriors. 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. 08-03 approves a summary of the ordinance. The City Charter requires that all ordinances be read in full unless the reading is dispensed with by unanimous consent of the City Council. Staff recommends dispensing with the full reading. ANALYSIS The proposed amendment to the Zoning Ordinance would require that work on the exterior of a building be completed within a specified amount of time after the building permit is issued. The time period is longer for larger multifamily buildings and commercial buildings. Proposed new text is shown underlined. The Planning & Zoning Board conducted a public hearing on December 12, 2007 and recommended approval. OPTIONS 1. Dispense with reading the ordinance in full (unanimous vote needed). 2. Approve the second reading of Ordinance No. 01-08 (3/5 vote needed). 3. Approve Resolution No. 08-03 with the summary of the ordinance for publication (4/5 vote needed). 4. Do not approve Ordinance No. 01-08 or Resolution No. 08-03. 5. Return to staff with direction. RECOMMENDATION Options 1, 2, and 3