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HomeMy WebLinkAbout2001-014 Council Ordinances 14-01 Council Member Reinert introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 14- 01 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM LI, LIGHT INDUSTRIAL TO PSP, PUBLIC-SEMI PUBLIC The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. 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. I.E. of the Lino Lakes zoning ordinance: 1. Rezoning this site from LI, Light Industrial District to PSP, Public-Semi Public District is consistent with policies and provisions of the City's Comprehensive Plan. 2. The Existing Land Use Map indicates that the subject property is adjacent to the middle school and property zoned for Industrial use. The parcel is separated from �- the industrial land by a storm water pond and wetland area. 3. This application meets the standards for rezoning outlined in the City Code. However, prior to actual construction of the proposed facility, the applicant must receive approval of a site plan and CUP in compliance with all applicable performance standards and combine this lot with that of the middle school. 4. Rezoning this site will not overburden the City's service capacity. 5. Rezoning this site from LI, Limited Industrial District to PSP, Public-Semi Public District will not have an adverse effect on traffic at the site. Section 2. A public hearing was held before the Planning & Zoning Board on June 13, 2001. Section 3. The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 14, 1997 is hereby amended by rezoning from LI, Light Industrial District to PSP, Public-semi Public District, the following described real estate: see attached legal description 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. Passed by the Lino Lakes City Council this 23rd day of July 2001. John J. Befieson, Mayor ST: � Jean nV* er, eputy ClerkTher adoption regoing ordinance was duly seconded by Council Member O'Donnell and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Carlson, Dahl, Reinert and O'Donnell. The following voted against same: None. 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( .�� 00 ©tiQcoc©zcncc¢ 'Jus ©m oM e© oho■ ..• .. � . ® ��� \ eta 0 •a � ,t� �.y;`��� Y/13S-f/13N \� Jo OWE }So3-� y c iw m� w o mwN� o p 'ob Lo 0 `J N !� 3mmO C b O U fn U M w J M-Ta �+•, �T Q p C `y w,Z •.m.O _ J y o ° O U C �}m�•.p. 3 OmOm^ -t.. �• C m y J .QU y pwrm. ti y O° mw m v b �U O� y y ayi C p C �• b .2 m b � m 33 J U Jew Ln s�q)a m ^z ra (/� O U o 0 oQ 2 o Q J fad n� LAJQ Vpi p� �m, 03\ 4w`i � NO�y O O y o ZI op'=w0 y L J \ t m Q� Lv.t p J "t•'•t' L b 'am f� p m"'w p l� m m O m-Yp \ OLcoc m� � y�a w `, b ° bm Op ro o y ova o � o Ot y y3 m.c yZ m e y H2 m a�iti: o \ mN L� OU•C,O O p 3 y O J 3N b m'O� m mp b yQ °y caw H b C Z y O m pC mOy to wyt•, O � C 3 .,t„C OTC G�i b •t•.C Oim ° O x OZ Z C„ • � \ O.� IJ0 .Gymtot L dtm mwL Qt N 11) t.. ° U lb•O O'�• b .0 d m m v�.G N °a °'w-i77/dG/l/�G/°�N'C c�T-s�cv rr\ri��•q4?��i o� wya`eOi�a��O Q�c°y_�m UE Oc•c°4�_c� EOQ mp U4 Jk m I-ey.71 A CITY -OF LNOKE CERTIFICATION OF ORDINANCE NO. 14-01 1635703 �$-31-�a• yl-oo�8 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I,the undersigned,being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Ordinance No. 14-01,with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: ORDINANCE NO. 14-01 AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM LI, n LIGHT INDUSTRIAL,TO PSP, PUBLIC-SEMI PUBLIC. Witness my hand as said City Clerk and the Corporate Seal of the City this 1 Oth day of October,2001. Ann J. 1 "'r, City Clerk v. 600 Town Center Parkway, Lino Lakes, Minnesota 55014-1182 Phone: 651-982-2400 • Fax: 651-982-2499 • TDD: 651-982-2410 14-01 Council Member Reinert introduced the following ordinance and moved its adoption. CITY OF LINO LAKES ORDINANCE NO. 14-01 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF LINO LAKES BY REZONING CERTAIN REAL ESTATE FROM LI,LIGHT INDUSTRIAL TO PSP,PUBLIC-SEMI PUBLIC The City Council of the City of Lino Lakes,Anoka County,Minnesota does ordain: Section 1. 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. Rezoning this site from LI, Light Industrial District to PSP, Public-Semi Public District is consistent with policies and provisions of the City's Comprehensive Plan. 2. The Existing Land Use Map indicates that the subject property is adjacent to the middle school and property zoned for Industrial use. The parcel is separated from the industrial land by a storm water pond and wetland area. 3. This application meets the standards for rezoning outlined in the City Code. However, prior to actual construction of the proposed facility, the applicant must receive approval of a site plan and CUP in compliance with all applicable performance standards and combine this lot with that of the middle school. 4. Rezoning this site will not overburden the City's service capacity. 5. Rezoning this site from LI, Limited Industrial District to PSP, Public-Semi Public District will not have an adverse effect on traffic at the site. Section 2. A public hearing was held before the Planning & Zoning Board on June 13, 2001. Section 3. The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on July 14, 1997 is hereby amended by rezoning from LI, Light Industrial District to PSP, Public-semi Public District, the following described real estate: see attached legal description 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. Passed by the Lino Lakes City Council this 23rd day of July 2001 Jo, J.Befieson,Mayor ST: ° Jean nV' er, eputy ClerkTher adoption e regoing ordinance was duly seconded by Council Member O'Donnell and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Carlson, Dahl, Reinert and O'Donnell The following voted against same: None. Whereupon said ordinance was declared passed and adopted. AGENDA ITEM 7 B STAFF ORIGINATOR: Jeff Smyser C. C.MEETING DATE: July 23, 2001 TOPIC: Second Reading: Ordinance 14-01 Rezoning Land From LI to PSP For New School Site Reconsider and Revise Resolution 01-93 Approving Minor Subdivision Centennial School District(ISD 12) ACTION REQUESTED: 4/5 Vote on Second Reading of Ordinance 14-01 3/5 Vote on Resolution 01-107 (Minor Subdivision) BACKGROUND On July 9 the City Council approved the first reading of Ordinance 14-01 rezoning property for the Centennial School District. The District intends to build a new elementary school on the site. Also on July 9,the City Council approved the minor subdivision which created the lot on which the new school is to be built. This was done with Resolution 01-93. The staff report included several conditions of approval, and the City Council attached the conditions to both the rezoning ordinance and the lot split resolution. Those conditions were: 1. The elementary school site is combined with the middle school site to create a single lot. 2. The applicant pursue a conditional use permit and submit detailed development plans for the site. The site plan should illustrate how the plan will be integrated with the middle school. 3. Wetland replacement plans will be required and subject to the review and approval of Rice Creek Watershed. 4. Vacation of the west half of 4`h Street through the proposed site will be required. 5. Appropriate easements must be established over all existing utilities and along side and rear lot lines. Rezoning: Staff has been working toward eliminating the practice of attaching conditions of approval to a rezoning. Recall the process: the second reading of the ordinance occurs,the rezoning ordinance is published, then the rezoning becomes effective after 30 days. Once the ordinance is effective,the property is rezoned. It is impossible to enforce any conditions of approval after that. Conditions attached to a rezoning mean that the conditions must be fulfilled before the City can actually rezone the property. That is,before the City approves the second reading, or before the ordinance is published,the conditions should already be fulfilled. It is staff s view that if there are unresolved issues for a rezoning,the rezoning should not be approved. In the case of the School District rezoning,the City has no outstanding issues with the rezoning itself. Therefore,the rezoning should proceed. Minor Subdivision: As to a minor subdivision, attaching conditions means that there are things that must be done before the City signs off on the subdivision. In the case of the School District subdivision,the City wants the utility easements added to the survey so they are recorded with the property. The City also wants the lot combined with the existing school property so it is all one parcel. These two things apply to the subdivision itself. the breaking off of a piece of property from a larger piece, and the recording of it. The other conditions refer to the site plan review, conditional use permit, wetland impacts, and vacation of the road. All these things can and should be addressed as part of the typical site plan and CUP review. A site plan and CUP review are necessary before a school is built anyway. There is no need to hold up the lot split to wait for the site plan to be submitted. Current Situation: As it stands now after the July 9 approval actions,the site plan and CUP, including wetland review and road vacation,would have to be completed before the lot split occurs and before the rezoning can go into effect. Staff does not believe it is necessary to hold up the lot split,rezoning, and land transaction. A site plan review and CUP review is necessary under the normal zoning ordinance requirements. Staff is recommending approval of the second reading of the rezoning ordinance without any conditions attached. We also are recommending that the City Council agree to reconsider the resolution that was adopted on July 9. This will require a vote of the Council to reconsider it. Then,we are recommending that the City Council adopt the revised Resolution 01-93 (attached),which has only two conditions of approval. OPTIONS 1. Approve the second reading of Ordinance 14-01 with no conditions attached to the rezoning ordinance. 2. Reconsider Resolution 01-93 that was approved July 9, 2001. 3. Approve amended Resolution 01-93 approving the minor subdivision with the conditions listed in the resolution. 4. Return to staff with direction. RECOMAWNDATION Options 1,2, and 3 000� T H I S P A R C E L SO D , A C R E S IN �c. a PROPOSED SCHOOL DESCRIPTION y /The south 633.00 feet of the west 538.56 feet of the Northwest Quarter of the Southwest Quarter of Section w 2 17, Township 31 North, Range 22 West, Anoka County, Minnesota. AND That part of the Northeast Quarter of the Southeast Quarter of Section. 18, Township 31 North, Range 22 / West, Anoka County, Minnesota lying southeasterly of Interstate Highway No. 35W and /y/ng northeasterly of a Ilne described as follows; Commencing at the southeast comer of sold Northeast Quarter of the Southeast Quarter, thence westerly along the south line of said Northeast Quarter of the Southeast Quarter a distance of 440.00 feet to the point of beginning of the line to be described; thence northwesterly, angle to the left, 132 degrees 20 minutes 06 seconds a distance of 391.34 feet to the southerly line of sold Interstate Highway No. 35W and sold l/ne there terminating. t���-- Except that port of said Northeast Quarter of the Southeast Quarter escribed as follows: Commencing at the southeast comer of sold Northeast Quarter of the Southeast Quarter, thence northerly along the east Ilne of said Northeast Quarter of.the Southeast Quarter, a distance of 633.01 feet to the a point of beginning thence westerly, angle to the right, 90 degrees 19 minutes 04 seconds a distance of 181.55 feet to the southeasterly Ane of sold Interstate Highway No. 35N, thence northerly along said southeasterly line of Interstate Highway No. 35W a distance of 251.88 feet to the east line of sold Northeast Quarter of the Southeast Quarter thence South along said east line a distance of 175.46 feet to the point of beginning. 132:20'06" S89'44 '30"W 440. 00 (S88*14'06"W naRrl) i ae�zt: -IBM ��meovomoeeomm�moomo��mm II� 0� 0©�� � dv►d�µ��!��a� �— o ��oo® Omni!w� ao0o0o o°�oo p000 . � �` °a .a +�a.� 13 © FZ gq d I LINO LAKES REHABILITA-i CENTER Y �7 ti WIN o�OdO©0 � � /��P��l►\� ��, � � � ' � �� 1 YAO�IOAO��I� �•'®® ��'r ��s�`"a?'*�� -����*3��.«y�s�',�� a a����, � 1 /l911IRV AN LAKE MARSH FLU d® inioQN6 , 01 Q��� �J c�i� ` a ' n �o a © mp7mF'_ . • 1 '1 -1 � i�^ , F�� !� ■ / �' r--�x�x �£ a �� s��'- l t � 1 sg � , Hi�■'■ �� �����/ A - _.r a. ��m� �x� ����a ���'t'*,� ��� �l 1 a � CI 6 3� � � Maw '�q�OGG."iG�G:6 ti�"� �N ■ �� T \ t ao ©Q 3 1 g ' G70 {�r�G 3 0� rr pppppp �0�.�ii ©� " 1 S`S �. ���]EG�000GG �3 � �% � � �:1 r Y' � � &�y�" �—'` a 3 ,y" �� ��aa��� �" 00 ■�t■ �uG��1C..''� La ` � s� � ��� r ��' �`�� �'� III \ x z 7l P s p0 I tf-�S +,d+° 13e. 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I / JNC O®M LK Ell / « MAY 1 C 2001 / / �- / / nranwAle. / nAw BOUNDRY SIRtVEY 0OO" L1.0 ABSTRACT Receipt 4 - _ - - -- - - — - P ❑ Certified Copy Date/Time: Date Mailed DOCUMENT N0. 1635703 . 0 ABSTRACT � �'oZ Doc.Order of / ❑ Tax Liens/Releases ANOKA COUNTY MINNESOTA / ❑✓by: Pins: Multi-Co Doc Tax Pd I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE t� FOR RECORD ON JAN 08 2002 Recordability/Delgs: ❑ Transfer 2 :2 9 PM ❑ New Desc. AT AND WAS DULY RECORDED. Filing Fees: , El Division $20 . 00 ❑ GAC FEES AND TAXES IN THE AMOUNT OF PAID. Well Certificate ❑ Status Def. RECEIPT NO. 2002003008 ❑ .Spec Received this Date: MAUREEN J.DEVINE Anoka County Recorder ❑ Other Change ANOKACOUNTYPROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES /Notes: BY JMH DEPUTYPROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES 141