Loading...
HomeMy WebLinkAbout2020-076 Council Resolution-r6 C©. Re vrcU4 1 t 21.:42.0 • • • CITY OF LINO LAKES RESOLUTION NO. 20-76 RESOLUTION APPROVING CONDITIONAL USE PERMIT AMENDMENT TO RESOLUTION NO. 17-81 FOR ALL SEASONS RENTAL LOCATED AT 7932 LAKE DRIVE WHEREAS, on August 14, 2017, the City Council passed Resolution No. 17-81 approving conditional use permits for commercial planned unit development and small engine and boat repair for All Seasons Rental located at 7932 Lake Drive and hereafter referred to as Development; and WHEREAS, the property is zoned GB, General Business and allows for such uses with a conditional use permit; and WHEREAS, the owners submitted a Land Use Application requesting an amendment to the conditional use permits to allow for outdoor storage of rental equipment; and WHEREAS, the legal description of the subject property is Lot 1, Block 1, SS Properties Addition, Anoka County, Minnesota; and WHEREAS, a public hearing was held before the Planning & Zoning Board on July 8, 2020, and the Board recommended approval of the conditional use permit amendment; and WHEREAS, the Revised Site Plan prepared by All Seasons Rental and City dated June 25, 2020 is included as part of this resolution as Attachment A. 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. c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. • f. Policy Plan. g. Natural Environment Plan. All Seasons Rental and outdoor rental equipment storage area are consistent with the official City Comprehensive Plan. The parcels are guided commercial and the retail rental business is consistent with that land use. The development is also consistent with the goals and policies of the comprehensive plan in regards to resource management, transportation, utilities and local water management plan. 2. The proposed development application is compatible with present and future land uses of the area. All Seasons Rental and outdoor rental equipment storage area are compatible with present and future land uses of the area. Land uses surrounding the subject site are guided for commercial development, mixed use and residential. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. All Seasons Rental and outdoor rental equipment storage area conform to all performance standards as detailed in this staff report. 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. 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 • g• Plan. However, the City may, at its discretion, consider developer -financed improvements to correct any street deficiencies. 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. Traffic generated by All Seasons Rental and outdoor rental equipment storage area are within capabilities of the streets serving the property. CSAH 23/Lake Drive is a minor arterial reliever street. Kelly Street is a local street. 5. The proposed development shall be served with adequate and safe water supply. All Seasons Rental and outdoor rental equipment storage area will have an adequate water supply. A 12" DIP watermain along Kelly Street will serve the development. The City's water system has capacity to accommodate the commercial development. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. All Seasons Rental and outdoor rental equipment storage area will be served with an adequate waste disposal system. The development is within the current Utility Staging Area 1A=2008-2015 and will be served by an 8" PVC sewer main along Kelly Street. The sanitary sewer system has capacity to accommodate the commercial development. 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. All Seasons Rental and outdoor rental equipment storage area are an allowed use within the GB, General Business District with an approved conditional use permit. The project will not generate excessive traffic, noise, smoke, fumes, glare or odors. 3 • • • 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 Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards is also being met: • Section 1007.112(8)(j) Planned unit development — commercial including shopping centers regulated by § 1007.024 of this Ordinance. Per Section 1007.024(5) Commercial or Industrial Planned Unit Development, CUP Requirements. (a) Purpose. It is the intent of this section to further the directives of § 1007.001 and establish special requirements for the granting of a conditional use permit to allow flexibility from the strict provisions of this Ordinance in regard to multiple buildings, shared access/ parking, parking supply reductions, internal setbacks, etc. The development proposes a 7,740 sf principal commercial building, outdoor rental equipment storage area and a 1,040 sf accessory storage building. Commercially zoned districts are only allowed one (1) 400 sf accessory structure. The Conditional Use Permit for a commercial Planned Unit Development allows for the larger 1,040 sf accessory storage building to securely store rental equipment. The Conditional Use Permit Amendment will allow for the outdoor storage of items only related to outside services, sales and equipment rental accessory to the principal use. (b) Standards. 1. Open Space. a. The PUD design will result in greater landscaped pervious area than the base zoning district standard. The GB, General Business District allows for 75% impervious surface coverage. The new development proposes only 64% impervious surface coverage. The open space is landscaped with sod, trees and/or shrubs. The proposed outdoor storage of rental equipment area is part of the 64% impervious surface area calculations. There is no change in the amount of open space. b. The PUD design will result in the protection of important natural features (e.g., wetlands, significant trees, water courses, slopes over twelve (12) percent). There are no important natural features on site. 4 c. The PUD design will include extensive landscaping with an emphasis on streetscape, site entrances, and the perimeter of the building. The landscape plan provides canopy cover, open space and foundation plantings along Lake Drive, Kelly Street and around the perimeter of the building. 2. Architectural Guidelines. Commercial and industrial buildings shall comply with design standards of § 1007.043 (2)(d) of this Ordinance. As detailed in the July 12, 2017 Planning & Zoning staff report and Site Plan Review Worksheet, the main commercial building complies with the design standards. The accessory storage building will be allowed to have lap residential steel siding with a defined brick base per Planned Unit Development flexibility. • Section 1007.112(8)(m) Small engine and boat repair provided that: 1. The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of- way and shall be in compliance with § 1007.043 (6) of this Ordinance. A photometric plan has been submitted and complies with performance standards. 2. At the boundaries of a residential district, a strip of not less than five (5) feet shall be landscaped and screened in compliance with §1007.043 (17) of this Ordinance. A 30-40 foot landscape strip and buffer are provided along the east property line abutting the residential district. 3. Vehicular access points shall create a minimum of conflict with through traffic movement and shall comply with § 1007.044 of this Ordinance and shall be subject to the approval of the City Engineer. All Seasons Rental and outdoor rental equipment storage area does not change the level of service along CSAH 23 (Lake Drive) or Kelly Street. Delivery vehicles will egress/ingress onto CSAH 23 (Lake Drive). Customer traffic will egress/ingress onto Kelly Street then immediately onto CSAH 23/Lake Drive. CSAH 23/Lake Drive is an "A" minor reliever road and has capacity to handle existing traffic volumes created by the development. 4. Provisions are made to control and reduce noise. A 30-40 foot landscape strip and buffer are provided along the east property line abutting the residential district. 5 • 5. No outside storage, repair or sales except in compliance with § 1007.112 (7)(f) or §1007.112 (8)(i) of this Ordinance shall be allowed. Outside display items or equipment may only be displayed during business hours on the sidewalks along the west and south side of the building. All items shall be brought inside on a daily basis. Outside services, sales and equipment rental may be displayed in the "Equipment Display Area" shown on the attached Revised Site Plan prepared by All Seasons Rental and City dated June 25, 2020. Outside services, sales and equipment rental is allowed in the designated areas as shown on the attached Revised Site Plan prepared by All Seasons Rental and City dated June 25, 2020. The Conditional Use Permit Amendment allows for the outdoor storage of items only related to outside services, sales and equipment rental accessory to the principal use. 6. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions. An amendment to the conditional use permit shall be required for modifications to the site and development plans. The outdoor storage of rental equipment is allowed per the conditional use permit amendment subject to the conditions noted below. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit amendment to Resolution No. 17-81 to allow for commercial planned unit development, small engine and boat repair and outdoor storage of rental equipment for All Seasons Rental located at 7932 Lake Drive subject to the following conditions: 1. The Conditional Use Permit Amendment allows for the outdoor storage of items only related to outside services, sales and equipment rental accessory to the principal use. 2. The outdoor storage of items not related to outside services, sales and equipment rental accessory to the principal use is not allowed. 3. Outside services, sales and equipment rental is allowed in the "Equipment Display Area" shown on the attached Revised Site Plan prepared by All Seasons Rental and City dated June 25, 2020. 4. Outside services, sales and equipment rental is allowed in the designated areas as shown on the attached Revised Site Plan prepared by All Seasons Rental and City dated June 25, 2020. 5. Outside services, sales, and equipment rental may be displayed on the sidewalks along the west and south side of the building during business hours. 6 • • • 6. Handicap accessibility on the sidewalks shall be maintained at all times in accordance with the Minnesota State Building/Accessibility Code. 7. Rental trucks and rental trailers (e.g. Penske, U Haul, etc.) may only be parked in the parking stalls along CSAH 23/Lake Drive. 8. No additional accessory structures (permanent or temporary) shall be allowed without an amendment to the conditional use permit. 9. The private well shall be properly sealed unless it is going to be used for irrigation. 10. The septic system shall be property abandoned. 11. The existing 6 foot high security chain link fence with slats along the north property line shall be well maintained. a. The owner may choose to remove the barb wire. b. The security chain link fence with slats shall be replaced with privacy screen fence within 5 years of final plat approval. c. Landscaping shrubs and trees are not required along this section of fence along the north lot line. 12. A minimum 6 foot high screen fence with required landscape plantings shall be maintained on the east side of the property. 13. The fence along CSAH 23/Lake Drive may by constructed in the location as depicted on Plan Sheet A1.1 to accommodate the drive aisles and gate structures. 14. The ready mix operation batch equipment and related rental equipment and materials located in the northeast corner of the site are permitted. 15. Twenty (20) ft wide emergency access lanes between outdoor storage rental equipment, trailers, buildings etc. shall be provided at all times. 16. A minimum 6 foot tall, continuous year round planting screen consisting of a double row of coniferous trees with triangulated spacing is required along the outdoor rental equipment storage area adjacent to CSAH 23 (Lake Drive). a. The planting screen shall be installed by December 31, 2020. 17. Per the Resolution No. 18-03 and the Development Agreement, the rear yard is allowed to use bituminous recycle millings for up to 5 years from final plat approval. The rear yard shall be surfaced with bituminous asphalt or concrete by January 2023. 18. The City may conduct annual inspections to verify compliance with the requirements of the conditional use permit. 19. Other conditions of Resolution No. 17-81 and No. 18-03 are still in effect. Adopted by the Council of the City of Lino Lakes this 27t" day of July, 2020. The motion for the adoption of the foregoing resolution was introduced by Council Member C`tk.v e and was duly seconded by Council Member S fib e 5 z and upon vote being taken thereon, the following voted in favor thereof: Cculeso , S+aesz, RIA_hIcuA , Lyde/\ , Raa-{-i &b1 7 • • • The following voted against same: 1•I°64-- ATTEST: Ju i. Bartell, City ler 8