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HomeMy WebLinkAbout2006-008 Council OrdinancesCouncil Member Reinert introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE 08-06 APPROVING REZONING FROM R-1 SINGLE FAMILY RESIDENTIAL AND RURALTO RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD ) FOR THE PRESERVE The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings regarding the application for rezoning the property described below, based on the factors listed in Section 2, Subd. lE of the Lino Lakes zoning ordinance: 1. Integra Homes submitted an application for an amendment to the zoning ordinance to rezone land to Planned Unit Development (PUD). The currently zoning of the site is R-1, Single Family Residential and R, Rural. 2 The proposal includes platting the site as The Preserve. 3. 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. a. The comprehensive plan guides the part of the site to be built on for Low Density Sewered Residential land use and it is within the Stage 1 (pre -2010) growth area. b. Most of the portion of the site to be developed for home sites is within the existing Metropolitan Urban Service Area, though an additional three acres of MUSA is needed. The City has ample MUSA reserve to be allocated. c. The comprehensive plan supports the greenway concept. d. The project implements the Parks, Natural Open Space/Greenways and Trails System Plan, which is part of the Comprehensive Plan, by creating a conservation development to provide an important segment of a larger greenway. 4. The proposed use is compatible with present and future land uses of the area. Single family residential development exists to the east and north, and development of this site would be an extension of that northern neighborhood. Land to the west is guided for future residential development. Development cannot occur to the south due to extensive wetlands. 5. By its very nature, a conservation development PUD creates a design and performance standards tailored to the site itself. Some specific performance standards are listed in the - 4 9 - ordinance, but many are created with the project approval. Upon compliance with the conditions of approval set forth in Resolution 06-137, the proposed uses will conform with performance standards contained in the zoning ordinance and other requirements. 6. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. Utilities are immediately available on abutting property, as are the stubbed roads. Municipal water and sanitary sewer are available to the site and sufficient capacity exists. 7. Traffic generation by the proposed use is within capabilities of streets serving the property. Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 is hereby amended by rezoning from R-1, Single Family Residential and Rural to Residential Planned Unit Development pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, the following described real estate: The Southwest Quarter of the Southeast Quarter and that part of the West Half of the Southeast Quarter all in Section 28, Township 31, Range 22, Anoka County, Minnesota, except GEMINI ESTATES and TRAPPERS CROSSING according to the recorded plats thereof, Anoka County, Minnesota; also except that part of said quarter -quarter described as follows: Commencing at the northwest corner of said quarter -quarter; thence South 89 degrees 29 minutes 30 seconds East along the north line thereof 360 feet to the point beginning; thence continuing South 89 degrees 29 minutes 30 seconds East along said north line 388.48 feet; thence South 22 degrees 30 minutes West 345 feet; thence South 21 degrees 12 minutes East 166.94 feet; thence North 89 degrees 29 minutes 30 seconds West 320 feet; thence North 0 degrees 22 minutes 58 seconds East to the point of beginning; and also except that part of said quarter -quarter described as follows: Beginning at the northeast corner of said quarter -quarter; thence South 0 degrees 33 minutes 07 seconds West along the east line thereof 170.04 feet to Point "A'; thence North 89 degrees 29 minutes30 seconds West 418.54; thence North 22 degrees 30 minutes East 183.38 feet to the north line of said quarter - quarter; thence South 89 degrees 29 minutes 30 seconds East along said north line 350 feet to the point of beginning; and also except that part of said quarter -quarter described as follows: Beginning at said Point "A"; thence North 89 degrees 29 minutes 30 seconds West 272.96feet; thence South 22 degrees 30 minutes West 223.24 feet; thence South 89 degrees 29 minutes 30 seconds East parallel with the north line of said quarter -quarter 356.42 feet, more or less, to the east line of said quarter -quarter; thence North 0 degrees 33 minutes 07 seconds East along said east line 207 feet, more or less, to the point of beginning, except that part thereof taken for road purposes. AND That part of the Northwest Quarter of the Northeast Quarter of the Section 33, Township 31, Range 22, Anoka County, Minnesota, lying northwest of the west right-of-way line of Holly Drive. -50- Ordinance 08-06. page 2 Section 3 Development shall conform with plans, requirements, and conditions of approval listed in Resolution 06-137 and associated information. Any elements of the site not specifically addressed in the plans, requirements, and conditions of approval shall be subject to the requirements of the R1 -X zone, other aspects of the zoning ordinance, and other applicable official controls. Section 4 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 5 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council t ATTEST: e Bartell, City lerkc 11th day of September , 2006. geson, Mayor Adopted by the Lino Lakes City Council this 11th day of September , 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: Stoltz Reinert, Stoltz, O'Donnell, Bergeson The following voted against same: Carlson Whereupon said resolution was declared duly passed and adopted. Ordinance 08-06, page 3 - 51 -