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HomeMy WebLinkAbout2004-002 Council OrdinancesCITY OF LINO LAKES ORDINANCE NO. 02-04 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE AT THE NORTHEAST CORNER OF LAKE DRIVE AND AQUA LANE FROM R-4, HIGH DENSITY RESIDENTIAL TO R-3, MEDIUM DENSITY RESIDENTIAL The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1 Findings The Lino Lakes City Council hereby makes the following findings: The City of Lino Lakes approved its current comprehensive plan in August 2002 with Resolution No. 02-103. The comprehensive plan was prepared and approved as required and enabled by Minnesota Statutes 462.351-462.356 and Minnesota Statutes 473.851-473.869. 2. The City of Lino Lakes approved its current zoning ordinance in March 2003 with Ordinance No. 08-03. The zoning ordinance was prepared and approved as required and enabled by Minnesota Statutes 462.357. 3. The comprehensive plan includes a Proposed Land Use plan guiding land within the City of Lino Lakes for specified land uses. 4. The comprehensive plan guides a four -acre site at the northeast corner of Lake Drive and Aqua Lane for land use category Medium Density Residential: 3-6 units per acre. 5. The site is zoned R-4, High Density Residential. Under the current zoning ordinance, R-4 is intended for the High Density land use category: 6-12 units per acre. 6. Under the current zoning ordinance, the R-3, Medium Density Residential zoning district is intended for the Medium Density land use category: 3-6 units per acre. 7. Therefore, the current R-4 zoning is not consistent with the current Medium Density land use category in the comprehensive plan. Such inconsistencies should be corrected by amending either the zoning or the comprehensive plan. . Minnesota Statutes 473.858 and 473.865 require that official controls are to be amended so as not to conflict with the comprehensive plan. 9. The High Density land use category, which would allow for development of up to 12 units/acre, is not consistent with the existing townhome neighborhood, which is 6.4 Ordinance 02-04, page 2 units/acre. Medium Density, which allows 3-6 units/acre, will allow development that will be very close to and thus consistent with the existing neighborhood. 10. The City Council considered an application to amend the comprehensive plan to change the land use category for the site from Medium to High Density. The City Council decided, with Resolution 04-01, to deny the amendment to the land use. 11. The site should be rezoned to R-3, Medium Density Residential, to be consistent with the comprehensive plan land use classification of Medium Density. 12. The Planning & Zoning Board held a public hearing on the rezoning on January 14, 2004, and recommended approval of the rezoning. 13. The rezoning 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 current R-4 High Density Zoning conflicts with the Medium Density land use category of the comprehensive plan. The purpose of the rezoning is to correct this inconsistency between the comprehensive plan and the zoning. State statute requires that official controls found to be in conflict with the comprehensive plan must be amended so as not to conflict. 14. The R-3 zoning is or will be compatible with present and future land uses of the area. The surrounding neighborhood was developed at approximately 6.4 units per acre. The Wenzel Farms townhomes across Lake Drive were built at approximately 5 units per acre. A High Density land use category would provide for 6 to 12 units per acre. A Medium Density category allows up to 6 units per acre. Six units per acre is compatible with the surrounding neighborhood. 15. This rezoning action is not based on a specific proposed use. It is intended to correct a conflict between the zoning ordinance and the comprehensive plan. 16. Development according to R-3 zoning can be accommodated with existing public services and will not overburden the City's service capacity, and traffic generation by the R-3 zoning is within capabilities of streets serving the property. Projects built according to R-3 Medium Density Residential standards will pose less burden on existing services and infrastructure than R-4 High Density Residential projects. 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-4, High Density Residential to R-3, Medium Density Residential, pursuant to the provisions of the Zoning Ordinance of the City of Lino Lakes, for the subject real estate described in Attachment A. Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Ordinance 02-04, page 3 Section 4 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 this 1 day of 1 c. , 2004. ATTEST: Ann Blair, CfClerk on, ayor Ordinance 02-04, page 4 ATTACHMENT A, ORDINANCE 02 09 LEGAL DESCRIP110N: Parcels 1 and 2 (Commercial Parcel): That part of Government Lot 2, Section 20 and that part of the Northeast Quarter of the Northeast Quarter of Section 19, all in Township 31, Range 22, Anoka County, Minnesota, described as follows: Commencing at the southeast comer of the north 849.40 feet of the west 240.00 feet of said Government Lot 2 (for the purposes of this description the west line of said Government Lot 2 is assumed to have a bearing of South 00 degrees 18 minutes 08 seconds West); thence North 82 degrees 52 minutes 55 seconds East, a distance of 38.49 feet; thence South 00 degrees 18 minutes 08 seconds West, parallel with the west line of said Government Lot 2, a distance of 184.36 feet to the point of beginning of the property to be described; thence South 00 degrees 18 minutes 08 seconds West, parallel with the west line of said Govemment Lot 2, a distance of 233.22 feet to the north line of the south 60.00 feet of said Govemment Lot 2; thence North 89 degrees 20 minutes 25 seconds West, along said north line. a distance of 278.18 feet to the east line of said Northeast Quarter of the Northeast Quarter of Section 19; thence North 73 degrees 00 minutes 17 seconds West. a distance of 87.11 feet to the easterly right-of-way line of Lake Drive (formerly known as State Trunk Highway No. 49); thence North 17 degrees 58 minutes 00 seconds East along said easterly right-of-way line, a distance of 217.83 feet to the intersection with a line drawn' westerly, parallel with the north line of said Government Lot 2 and its westerly extension, from the point of beginning; thence South 89 degrees 29 minutes 07 seconds East. along said parallel line, a distance of 295.52 feet to the point of beginning. page Parcel 3 (Existing Description for Farm Parcel): All that part of Government Lot 2, Section 20, Township 31, Range 22, lying within the following described tract Beginning at the southeast corner of the north 849.40 feet of the west 240.00 feet of said Government Lot 2; thence North 82 degrees 52 minutes 55 seconds East, assumed bearing system. 38.49 feet; thence South 00 degrees 18 minutes 08 seconds West, parallel with the west line of said Government Lot 2, 184.36 feet; thence North 89 degrees 29 minutes 07 seconds West, parallel with the north line of said Government Lot 2, 295.52 feet, more or less to the intersection with the easterly right-of-way line of Lake Drive; thence North 17 degrees 58 minutes East along said easterly right-of-way line 187.90 feet, more or less to the intersection with the south line of the north 849.40 feet 'of said Govemment Lot 2; thence south 89 degrees ;29 minutes 07 seconds East along said south line of the north 849.00 feet, 200.33 feet, more or less to the point of beginning. Parcels 4 and 5 (Existing Description): The south 145.00 feet of the north 849.40 feet of the west 240.00 feet of Government Lot 2. Section 20, Township 31, Range 22. City of Lino Lakes, Anoka County. Minnesota which lies east of the easterly right-of-way line of Lake Drive (formerly known as State Trunk Highway No. 49). , Remainder Parcel: (Parcel 6) That part of Government Lot 2, Section 20, Township 31, Range 22, Anoka County, Minnesota, described as follows: Beginning at the southeast corner of the north 849.40 feet of the west 240.00 feet of said Government Lot 2 (for the purposes of this description the west line of said Govemment Lot 2 is assumed to have a bearing of South 00 degrees 18 minutes 08 seconds West); thence North 82 degrees 52 minutes 55 seconds East, a distance of 38.49 feet; thence South 00 degrees 18 minutes 08 seconds West. parallel with the west line of said Government Lot 2, a distance of 103.39 feet to a point on said parallel line distant 314.19 feet northerly of the point of intersection of said parallel line with the north line of the south 60.00 feet of said Government Lot 2; thence northerly along a curve concave to the east, said curve is tangent to said parallel line, has a radius of 230.00 feet and a central angle of 17 degrees 39 minutes 52 seconds, a distance of 70.91 feet; thence North 17 degrees 58 minutes 00 seconds East, tangent to said curve, a distance of 199.84 feet; thence North 71 degrees 00 minutes 13 seconds West, a distance of 246.54 feet 'to the easterly right-of-way line of Lake Drive, said easterly right-of-way line is described as follows: Beginning at a point on the north line of said Government Lot 2, distant 354.43 feet easterly of the northwest corner thereof, for the purposes of this description, the west line of said Government Lot 2 is assumed to bear South 00 degrees 18 minutes 08 seconds West; thence South 25 degrees 48 minutes 00 seconds West, a distance of 118.98 feet; thence southwesterly along a tangential curve, concave to the southeast, having a radius of 2819.22 feet and a central angle of 07 degrees 50 minutes 00 seconds, a distance of 385.44 feet; thence South 17 degrees 58 minutes 00 seconds West, tangent to said curve, a distance of 532.41 feet to the west line of said Government Lot 2, and there terminating. thence southerly along said easterly right-of-way line, a distance of 99.93 feet to the intersection with the south line of the north 704.40 feet of said Government Lot 2; thence South 89 degrees 29 minutes 07 seconds East along said south line, a distance of 154.21 feet to the east line of the west 240.00 feet thereof; thence South 00 degrees 18 minutes 08 seconds West, along said east line, a distance of 145.00 feet to the point of beginning. IN 1 FILE OC ICRY 0 ATTACHMENT A, ORDINANCE 02 04 page 2 N r /S 89'29_07'E_- -Anoka Comity Monument at NW. Car. 91' Gov't Lot 2, Sec. 20, T. 31, R.122 do N. Lina of Gov't Lot 2, Sec. 20, /--....., NE. Cor. of the NE1/4 of the NE1/4 of Sergi 19, T. 31, R. 22 Q;16. o y' �� t% is of '• r o K N 1 1 i N 1 ,„/ / •1 1 CSr ! �e 3 lir / orr/ .Y� o �c .,r 1 240.00i- 8-1 Parcelsdo 5 (25,704 . Ft) r / CC No. 27' S 824 .01 E _N 2 01 200.33 —4 SE. Cor of the N. 1849.40 of the W. 240.00 of Govt Lot 2. S,ec. 20, T. 31, R. 22 -- r Parcel 3 i (Farm Parcel) I (47.485 Sq. Ft (4.05 Acres) • (3 Parcels combined) Parcel 6 (Remainder Parcel (26,893 Sq. Ft.) .03 S 89°24 07 E 4-,/ 17.34--; /'14. • / I O Iti 4':/c. o0 /, o / IS PYat C� °Pei 1.131 ) n.47 / / %` -1 i °y� I 11 N. Line N I I / / '3 /,,10, - r`.. / ' I / `T'�1, 1 ___4t/)—. /' / 4,5 HIS SURVEY. PLAN D BY ME OR UNDER ND THAT 1 AM A Iw tz — t e 10 15 No 1 o-03 nr oN mS N ut• z iz — 117-1 278.18 S 89'29 07'E e oN E 0 oS ao C0 oa a2 -81 O t� 1 of the S. 60.00 ok Govt Lot 2. Sec. t 278.18 N '1l9'20'25'W N Parcels 1 & 2 Commercial Parcel) (76.281 Sq. Ft.) 20, T. 31. R. 22 --- ---� --` BO AQUA LANE .."-SW. Car. of Govt Lot 2, Sec. 24. T. 31, R. 22 S. Line of Govt Lot 2, Sea 20, T.