Loading...
HomeMy WebLinkAbout2017-132 Council Resolution r-1 CITY OF LINO LAKES RESOLUTION NO. 17-132 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ST. JOSEPH OF THE LAKES CHURCH RECTORY WHEREAS, on October 5, 2017 the City received an application for a Conditional Use Permit for St. Joseph of the Lakes Church Rectory and hereafter referred to as "Development"; and WHEREAS,the property address is 171 Elm Street, Lino Lakes, MN; and WHEREAS, the legal description of the subject site is: PID #18-31-22-34-0002: THAT PRT OF El/2 OF W 1/2 OF SE 1/4 OF S W 1/4 OF SEC 18 TWP 31 RGE 22 LYG SELY OF I-35W, SUBJ TO EASE OF REC; and PID #18-31-22-34-0012: THAT PRT OF E1/2 OF SE1/4 OF SW1/4 OF SEC 18 TWP 31 RGE 22 LYG SELY OF 135 W, EX PRT PLATTED AS ST JOSEPH CEMETARY, EX RD, SUBJ TO EASE OF REC; and WHEREAS, St. Joseph of the Lakes Church is proposing to construct a 2,000 sf single family home on their property to be used for the pastor's residence/church rectory building; and WHEREAS, the parcel is zoned R-1, Single Family Residential and allows for churches (Public, Educational and Religious Buildings)with a conditional use permit; and WHEREAS, in November 1995, Council approved a Conditional Use Permit for the church to construct a 35,000 sf addition to the building; and WHEREAS, any change involving a structural enlargement of the facility requires an amendment to the conditional use permit; and WHEREAS, a public hearing was held before the Planning&Zoning Board on November 8, 2017 and the Board recommended approval of the conditional use permit. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: 1 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. c. Utility(Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The proposed construction of a church rectory/single family home for the pastor's residence is consistent with the policies and recommendations of the comprehensive plan. 2. The proposed development application is compatible with present and future land uses of the area. The proposed construction of a church rectory/single family home for the pastor's residence is compatible with present and future land uses. The current land use to the north across 1-35Ware townhomes, to the south are single family homes, to the west are townhomes and to the east are single family homes. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed construction of a church rectory/single family home for the pastor's residence meets zoning performance standards of the General Building and Use Provisions and R-1, Single Family Residential zoning district. 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. 2 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. 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 rectory/single family home will utilize the existing west driveway egressing/ingressing onto Elm Street. The church rectory/single family home will not generate any excess traffic or change the level of service. Elm Street has structural capacity to accommodate one new single family home. 5. The proposed development shall be served with adequate and safe water supply. The site is served by municipal water that can accommodate the demands of a new church rectory/single family home. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is served by municipal sanitary sewer that can accommodate the demands of a new church rectory/single family home. 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 construction of a church rectory/single family home for the pastor's residence is an allowed use within the R-1, Single Family Residential 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. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: In addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.090(9)(d) are also met: 1. Side yard setbacks shall not be less than fifty (50) feet. The side yard setback of the proposed single family home is 214 feet from the west property line and 600+feet from the east property line. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with §1007.043 (17) of this Ordinance. The proposed construction of a single family home for the pastor's residence is located on the west side of the existing church parking lot. Landscape screening exists along the west 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. The proposed single family home has a 3 stall garage and 30 foot long driveway that will provide adequate off-street parking. 4 BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for St. Joseph of the Lakes church rectory at 171 Elm Street with the following conditions: 1. The single family home/church rectory shall be connected to municipal sanitary sewer and watermain. Applicable fees shall apply. 2. A building permit is required prior to construction. 3. All comments from the WSB City Engineer letter dated November 2, 2017 shall be addressed. Adopted by the Council of the City of Lino Lakes this 27th day of November, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Ma n t h PV and upon vote being taken thereon,the following voted in favor thereof. Kusterman, Manthey, Maher, Rafferty einer The following voted against same: none Jeff Reine yor ATTEST: u lay/he Bartell, City Clerk 5 Record ID 4075609 CIT1( OF 11N01K 16 2187615 . 003 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 17-132 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) I, 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. 17-132, Approving a Conditional Use Permit for St. Joseph of the Lakes Church Rectory, passed by the City Council on November 27, 2017, 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 November 28, 2017. '< City Clerk _S F 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 17-132 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ST.JOSEPH OF THE LAKES CHURCH RECTORY WHEREAS, on October 5, 2017 the City received an application for a Conditional Use Permit for St. Joseph of the Lakes Church Rectory and hereafter referred to as "Development"; and WHEREAS,the property address is 171 Elm Street, Lino Lakes, MN; and WHEREAS,the legal description of the subject site is: PID 418-31-22-34-0002: THAT PRT OF El/2 OF W1/2 OF SETA OF SWIA OF SEC 18 TWP 31 RGE 22 LYG SELY OF I-35W, SUBJ TO EASE OF REC; and PID #18-31-22-34-0012: THAT PRT OF El/2 OF SE1/4 OF SWl/4 OF SEC 18 TWP 31 RGE 22 LYG SELY OF 135 W, EX PRT PLATTED AS ST JOSEPH CEMETARY, EX RD, SUBJ TO EASE OF REC; and WHEREAS, St. Joseph of the Lakes Church is proposing to construct a 2,000 sf single family home on their property to be used for the pastor's residence/church rectory building; and WHEREAS,the parcel is zoned R-1, Single Family Residential and allows for churches (Public,Educational and Religious Buildings)with a conditional use permit; and WHEREAS, in November 1995, Council approved a Conditional Use Permit for the church to construct a 35,000 sf addition to the building; and WHEREAS, any change involving a structural enlargement of the facility requires an amendment to the conditional use permit; and WHEREAS, a public hearing was held before the Planning&Zoning Board on November 8, 2017 and the Board recommended approval of the conditional use permit. NOW,THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: 1 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. c. Utility(Sewer and Water)Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The proposed construction of a church rectory/single family home for the pastor's residence is consistent with the policies and recommendations of the comprehensive plan. 2. The proposed development application is compatible with present and future land uses of the area. The proposed construction of a church rectory/single family home for the pastor's residence is compatible with present and future land uses. The current land use to the north across I-35W are townhomes, to the south are single family homes, to the west are townhomes and to the east are single family homes. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed construction of a church rectory/single family home for the pastor's residence meets zoning performance standards of the General Building and Use Provisions and R-1, Single Family Residential zoning district. 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. 2 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. 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 rectory/single family home will utilize the existing west driveway egressing/ingressing onto Elm Street. The church rectory/single family home will not generate any excess traffic or change the level of service. Elm Street has structural capacity to accommodate one new single family home. 5. The proposed development shall be served with adequate and safe water supply. The site is served by municipal water that can accommodate the demands of a new church rectory/single family home. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is served by municipal sanitary sewer that can accommodate the demands of a new church rectory/single family home. 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 construction of a church rectory/single family home for the pastor's residence is an allowed use within the R-1, Single Family Residential 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. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: In addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.090(9)(d) are also met: 1. Side yard setbacks shall not be less than fifty (50) feet. The side yard setback of the proposed single family home is 214 feet from the west property line and 600+feet from the east property line. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with §1007.043 (17) of this Ordinance. The proposed construction of a single family home for the pastor's residence is located on the west side of the existing church parking lot. Landscape screening exists along the west 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. The proposed single family home has a 3 stall garage and 30 foot long driveway that will provide adequate off-street parking. 4 BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for St. Joseph of the Lakes church rectory at 171 Elm Street with the following conditions: l. The single family home/church rectory shall be connected to municipal sanitary sewer and watermain. Applicable fees shall apply. 2. A building permit is required prior to construction. 3. All comments from the WSB City Engineer letter dated November 2, 2017 shall be addressed. Adopted by the Council of the City of Lino Lakes this 27' day of November,2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Ma n t h e V and upon vote being taken thereon,the following voted in favor thereof. Kusterman, Manthey, Maher, Rafferty einer The following voted against same: none - � Jeff Reined, yor ATTEST: �uia �eBa �ell, ty Clerk 5 ANOKA COUNTY MINNESOTA Document No.: 2187615,003 ABSTRACT I hereby certify that the witlun instrument was filed in this office for record on: 12/01/2017 11:31:00 AM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax. Administrator/Recorder/Registrar of Titles MDK, Deputy Record ID: 4075609