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HomeMy WebLinkAbout2016-127 Council Resolution �. CITY OF LINO LAKES RESOLUTION NO. 16-127 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND SITE PLAN REVIEW FOR EAGLE BROOK CHURCH ADDITION (7775 20" AVE. N.) WHEREAS, the City has received an application for a conditional use permit amendment and site plan review for a 5,612 s.f. addition to the existing Eagle Brook Church for an audio/video control room hereafter referred to as "Development"; and WHEREAS, the property is zoned R, Rural and allows for churches (Public, Educational and Religious Buildings) with a conditional use permit; and WHEREAS, per Resolution No. 04-17, the church is considered to have an existing conditional use permit and any change involving a structural enlargement of the facility requires an amendment to the conditional use permit; and WHEREAS, the legal descriptions of the subject properties are: (Per Mortgage of Real Property Doc. No. 1934711) Lots 1 and 2, Block 1, Eagle Brook Addition, Anoka County, Minnesota WHEREAS, City staff has completed a review of the proposed"Development" based on the revised plan set prepared by BWBR and Loucks dated 09/01/16, the narrative prepared by BWBR dated 09/01/16 and the lighting fixture detail submitted by Lithonia Lighting dated 7/20/16; and WHEREAS, a public hearing was held before the Planning & Zoning Board on August 10, 2016 and the Board recommended approval of the conditional use permit amendment and site plan review; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. 1 c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. £ Policy Plan. g. Natural Environment Plan. The proposed church addition for audio/video control room is consistent with the policies and recommendations of the comprehensive plan in regards to the Resource Management System, Land Use Plan, Transportation Plan, Utility Plans and Community Facilities. This is detailed in the August 10, 2016 Planning& Zoning Staff Report and September 26, 2016 Council Staff Report. 2. The proposed development application is compatible with present and future land uses of the area. The proposed church addition for audio/video control room is compatible with present and future land uses. The current land use to the north is rural residential, east single family and rural residential along with agricultural, south is single family and rural residential and west is county park and recreation. The property to the west is part of the Anoka County Rice Creek Chain of Lakes Park Reserve. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed church addition conforms to performance standards and other applicable City Codes. A Site and Building Plan Review has been completed and the proposed church addition meets zoning performance standards in regards to exterior building materials, setbacks, landscaping and parking. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C, traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D, traffic generated by a proposed subdivision will not degrade the level of service below D. 2 d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. The church is accessed via 2 main entrances off CSAH 54 and there will be no change to the existing driveways. CSAH 54120"'Ave. N is an "A" minor arterial/reliever road. There will be a limited hiring of additional staff and volunteers with no noticeable increase in traffic and no impacts to the traffic level of service are anticipated. The footprint of the addition is completely inside the existing fire road that surrounds the west side of the church; so there is no change to access or conditions for fire protection. 5. The proposed development shall be served with adequate and safe water supply. The site is served by an onsite private well that can accommodate the demands of the proposed church addition. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is served by an onsite wastewater treatment system that can accommodate the demands of the church addition. 3 7. The proposed development shall not result in the premature expenditures of City L funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed church addition for audio/video control room is an allowed use within the R, Rural zoning district with an approved conditional use permit. The addition will not generate excessive traffic, noise, smoke,fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed church addition will not result in the destruction, loss or damage of natural, scenic or historic features of major importance because there are none existing on site. WHEREAS in addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.130 (7)(i) are also being met: 1. Side yard setbacks shall not be less than fifty (50) feet. The side yard setback of the proposed church addition is 200+feet from the north property line and 900+feet from the south property line. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with §1007.043 (17) of this Ordinance. The proposed church addition is located on the northwest side of the existing church and will not be seen from 20th Avenue or any adjacent properties to the south. Landscape screening exists along the north property line. No additional screening is required. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with §1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with §1007.043 (17) this Ordinance. Adequate off-street parking and access is provided on the site. The 1,075 existing parking stalls located off-street exceed the required 700 parking stalls and will adequately serve the existing church and addition. 4 4. The provisions of§1007.016 of this Ordinance are considered and determined to be satisfied. The provisions of Section 1007.016 are satisfied as noted above and in the August 10, 2016 Planning& Zoning Staff Report and September 26, 2016 Council Staff Report. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit amendment and site plan review for the Eagle Brook Church Addition subject to the following conditions: 1. Comments from City Engineer Letter dated September 15, 2016 shall be addressed. Adopted by the Council of the City of Lino Lakes this 261h day of September, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Maher, Manthey, Kusterman, Rafferty, Reinert The following voted against same: none i Je ein a or ATTEST: .�3 1 .w . Julia e Bartell, Cit Cler 5 Record ID 3957583 CIT OF I IN01' K'r 2150985 . 009 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 16-127 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 1, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 16-127, Approving a Conditional Use Permit Amendment for Eagle Brook Church Addition, approved by the Lino Lakes City Council on September 26, 2016, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on October 3, 2016. 't �erk 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 16-127 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND SITE PLAN REVIEW FOR EAGLE BROOK CHURCH ADDITION (7775 201h AVE. N.) WHEREAS,the City has received an application for a conditional use permit amendment and site plan review for a 5,612 s.f. addition to the existing Eagle Brook Church for an audio/video control room hereafter referred to as "Development"; and WHEREAS, the property is zoned R, Rural and allows for churches (Public, Educational and Religious Buildings) with a conditional use permit; and WHEREAS, per Resolution No. 04-17, the church is considered to have an existing conditional use permit and any change involving a structural enlargement of the facility requires an amendment to the conditional use permit; and WHEREAS, the legal descriptions of the subject properties are: (Per Mortgage of Real Property Doc. No. 1934711) Lots 1 and 2, Block 1, Eagle Brook Addition, Anoka County, Minnesota WHEREAS, City staff has completed a review of the proposed"Development" based on the revised plan set prepared by BWBR and Loucks dated 09/01/16, the narrative prepared by BWBR dated 09/01/16 and the lighting fixture detail submitted by Lithonia Lighting dated 7/20/16; and WHEREAS, a public hearing was held before the Planning& Zoning Board on August 10, 2016 and the Board recommended approval of the conditional use permit amendment and site plan review; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. 1 c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The proposed church addition for audio/video control room is consistent with the policies and recommendations of the comprehensive plan in regards to the Resource Management System, Land Use Plan, Transportation Plan, Utility Plans and Community Facilities. This is detailed in the August 10, 2016 Planning& Zoning Staff Report and September 26, 2016 Council Staff Report. 2. The proposed development application is compatible with present and future land uses of the area. The proposed church addition for audio/video control room is compatible with present and future land uses. The current land use to the north is rural residential, east single family and rural residential along with agricultural, south is single family and rural residential and west is county park and recreation. The property to the west is part of the Anoka County Rice Creek Chain of Lakes Park Reserve. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed church addition conforms to performance standards and other applicable City Codes. A Site and Building Plan Review has been completed and the proposed church addition meets zoning performance standards in regards to exterior building materials, setbacks, landscaping and parking. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C,traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D,traffic generated by a proposed subdivision will not degrade the level of service below D. 2 d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F, the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs a. to d. above do not apply to the I- 35W/Lake Drive or 1-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties,that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. The church is accessed via 2 main entrances off CSAH 54 and there will be no change to the existing driveways. CSAH 541201h Ave. N is an "A" minor arterial/reliever road. There will be a limited hiring of additional staff and volunteers with no noticeable increase in traffic and no impacts to the traffic level of service are anticipated. The footprint of the addition is completely inside the existing fire road that surrounds the west side of the church; so there is no change to access or conditions for fire protection. 5. The proposed development shall be served with adequate and safe water supply. The site is served by an onsite private well that can accommodate the demands of the proposed church addition. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is served by an onsite wastewater treatment system that can accommodate the demands of the church addition. 3 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development will not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. The proposed church addition for audio/video control room is an allowed use within the R, Rural zoning district with an approved conditional use permit. The addition will not generate excessive traffic, noise, smoke,fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed church addition will not result in the destruction, loss or damage of natural, scenic or historic features of major importance because there are none existing on site. WHEREAS in addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.130 (7)(i) are also being met: 1. Side yard setbacks shall not be less than fifty (50) feet. The side yard setback of the proposed church addition is 200+feet from the north property line and 900+feet from the south property line. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with §1007.043 (17) of this Ordinance. The proposed church addition is located on the northwest side of the existing church and will not be seen from 20th Avenue or any adjacent properties to the south. Landscape screening exists along the north property line. No additional screening is required. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with §1007.044 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with §1007.043 (17) this Ordinance. Adequate off-street parking and access is provided on the site. The 1,075 existing parking stalls located off-street exceed the required 700 parking stalls and will adequately serve the existing church and addition. 4 4. The provisions of§1007.016 of this Ordinance are considered and determined to be satisfied. The provisions of Section 1007.016 are satisfied as noted above and in the August 10, 2016 Planning&Zoning Staff Report and September 26, 2016 Council Staff Report. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit amendment and site plan review for the Eagle Brook Church Addition subject to the following conditions: 1. Comments from City Engineer Letter dated September 15, 2016 shall be addressed. Adopted by the Council of the City of Lino Lakes this 26�h day of September, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council Member Manthey and upon vote being taken thereon,the following voted in favor thereof: Maher, Manthey, Kusterman, Rafferty, Reinert The following voted against same: none Je Rein a or ATTEST: Juli` e Bartell, City Cler 5 ANOKA COUNTY XIINNESOTA Document No.: 2150985.009 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 10,'06/2016 2:47:00 PM FeesiTaxes In the Mount of $46.00 JONELL N1. SAWYER Anoka County Property Tax Adniinisti•atorlRecorder,'Registrar of Titles ERC, Deputy Record ID: 3957583