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HomeMy WebLinkAbout2021-040 Council ResolutionCITY OF LINO LAKES RESOLUTION NO.21-40 RESOLUTION APPROVING THE OTTER CROSSING FINAL PLAT WHEREAS, the City received a land use application for the Otter Crossing Final Plat hereafter referred to as Development; and WHEREAS, City staff has completed a review of the proposed Development based on the following plans and information: • Preliminary Plat prepared by Pioneer Engineering revision date March 12, 2021 • Final Plat prepared by Pioneer Engineering received on March 5, 2021 • Storm Water Management Plan prepared by Pioneer Engineering revision date April 23, 2021 • Otter Crossing Final Utility & Construction Plans prepared by Pioneer Engineering dated April 20, 2021 • Geotechnical Exploration Report prepared by Haugo GeoTechnical Services addendum dated March 9, 2021 • Cost Estimates prepared by Pioneer Engineering • Title Commitment issued by First American Title Insurance Company dated February 5, 2021; and WHEREAS, the City Council the approved the Preliminary Plat with Resolution No. 20- 98 on September 14, 2020; and WHEREAS, the Planning &Zoning Board reviewed and recommended approval of the Development on April 14, 2021; and WHEREAS, the proposed Development is not considered premaiure and meets the performance standards of the subdivision and zoning ordinance; and NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT l . The final plat substantially conforms to the approved preliminary plat subject to the conditions listed below. 2. The City Attorney has approved the status of title/property ownership related to the final plat. 3. A Development Agreement has been drafted and shall be executed. 4. Conditions attached to approval of the preliminary plat have been fulfilled or secured by the Development Agreement. 5. All fees, charges and escrow related to the preliminary or final plat have been paid in full. 1 BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Otter Crossing Final Plat subject to the following conditions: 1. The private road and sidewalk will be privately owned and maintained as detailed in the Declaration of Driveway Easement. 2. The stormwater facilities (e.g. stormwater pond and pipe) will be privately owned and maintained as detailed in the Declaration for Maintenance of Stormwater Facilities and Declaration of Driveway Easement, 3. The municipal watermain, sanitary sewer and trail will be publicly owned and maintained. 4. A comprehensive sign plan for the entire building is required for multi -occupancy business buildings. 5. Any retail space proposed for any use other than retail (i.e. restaurant) shall meet the City's parking ordinance requirements. 6. The Declaration of Access Control is required that regulates access along Otter Lake Road. 7. A Site Improvement Performance Agreement is required in conjunction with the construction of the retail building. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves Otter Crossing Final Plat subject to the following items being addressed prior to release of the mylars: 1. A Development Agreement shall be approved by the City Council, executed. and recorded against the property. 2. A draft copy of the Declaration for Maintenance of Stormwater Facilities shall be submitted to the City for review and approval prior to recording. a. The document shall be in favor of both RCWD and the City of Lino Lakes. 3. Any staff comments requiring revisions to the final plat shall be addressed. The following items shall be addressed prior to issuance of a grading permit: 1. City Engineer Letter dated May 5, 2021 2. A copy of the RCWD permit shall be submitted to the City. 3. Recorded copies of the following documents shall be submitted to the City: a. Development Agreement b. Declaration of Driveway Easement c. Declaration of Access Control d. Declaration for Maintenance of Stormwater Facilities The following items shall be addressed prior to issuance of building permit: 1. Final site plan, landscaping, architectural, lighting and signage plans shall be reviewed and approved by the City. 2. City Planner Comments dated April 6, 2021 2 3. Anoka County Highway Department comments The following items shall be addressed prior to issuance of Certificate of Occupancy: 1. A comprehensive sign plan for the entire building is required for multi -occupancy business buildings. Adopted by the Council of the City of Lino Lakes this 1 Oth day of May, 2021. The motion for the adoption of the foregoing resolution was introduced by Councilmember Lyden and was duly seconded by Councilmember Ruhland and upon vote being taken thereon, the following voted in favor thereof. Lyden, Ruhland, Stoesz, Cavegn, Rafferty The following voted against same: None ATTEST: Ju i e Bartell, City erk 3 aaa STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED REVIEW DEADLINE: CITY COUNCIL AGENDA ITEM 6B Katie Larsen, City Planner May 10, 2021 Otter Crossing Final Plat i. Consider Resolution No. 21-40 Approving Final Plat ii. Consider Resolution No. 21-41 Approving Development Agreement iii. Consider Resolution No. 21-42 Approving Declaration of Access Control 3/5 Complete Application Date: March 11, 2021 60-Day Review Deadline: May 10, 2021 60 Day Extension Review Deadline: July 9, 2021 Environmental Board Meeting: N/A Park Board Meeting: N/A Planning & Zoning Board Meeting: April 14, 2021 City Council Meeting: May 10, 2021 INTRODUCTION The applicant, Tyme Properties, LLC, submitted a land use application for the final plat of Otter Crossing. The plat creates a 1.46 acre parcel for the purpose of constructing a 7,800 sf commercial retail building. This staff report is based on the following information: • Preliminary Plat prepared by Pioneer Engineering revision date March 12, 2021 • Final Plat prepared by Pioneer Engineering received on March 5, 2021 • Storm Water Management Plan prepared by Pioneer Engineering revision date April 23, 2021 • Otter Crossing Final Utility & Construction Plans prepared by Pioneer Engineering revision date April 20, 2021 1 • Geotechnical Exploration Report prepared by Haugo Geo I echnical Services addendum dated March 9, 2021 • Cost Estimates prepared by Pioneer Engineering • Title Commitment issued by First American Title Insurance Company dated April 1, 2021 Previous Council approvals: • September 14, 2020: Resolution No. 20-98 Approving Preliminary Plat ANALYSIS Existing Site Conditions The 29 acre site is located in the northwest quadrant of Otter Lake Road and CSAH 14 (Main Street). The site is currently vacant commercial land that is being used for agricultural row crops. The soils range from lean clay to poorly graded sand clay. Hydrologic soil groups consist of a combination of B/D, B, C and B/D. Groundwater was encountered at 3 to 12.5 ft below ground surface. Topography is general flat. Wetlands exist on the site. Zoning and Land Use The parcel is zoned GB, General Business and allows for retail business as a permitted use. GB, General Business Vacant Commercial Commercial 1A=2008-2015 Subdivision Ordinance Conformity with the Comprehensive Plan and Zoning Code The preliminary plat and final plat are consistent with the comprehensive plan for commercial development and zoning code requirements for GB, General Business as detailed below. Blocks and Lots The final plat contains Lot 1, Block 1 and Outlot A, Otter Crossing. The outlot is for future development. 2 Lot I, Block 1 1 1.40 1 Retall building Outlot A ( 25.83 I Future development, wetlands & stormwater pond Otter Lake Road Right -of --Way 0.84 Road right -of --way CSAH 14 Road Right -of --Way 1.48 Road right-of-way The previously proposed Outlots A, B, C, E and F were combined and platted as Outlot A until time of future development. The outlot will then be preliminary and final platted. This is similar to the development of Main Street Shoppes to the east of Otter Lake Road for commercial development. The preliminary plat includes the delineated wetland and acreage at 4.36 acres. Streets and Alleys A private road and sidewalk from Otter Lake Road extends west across the north boundary of Lot 1, Block 1, Otter Crossing. The private road is proposed within Outlot A. A Declaration of Driveway Easement has been drafted and will be recorded over the private road. It details the ownership and maintenance responsibility of the private road and sidewalk are the developers. The Declaration has been revised to also include the sidewalk and a proper exhibit and legal description. The sidewalk shall also extend to the west lot line. No public street improvements are required except for a southbound right tum lane from Otter Lake Road onto USA-" 14 (Main Street) and traffic signal improvements. The private road has been revised from 28ft wide back to back to 32 ft wide back to back. An additional 60 ft of road right -of --way is being dedicated along Otter Lake Road and over a 35 ft wide strip that was acquired by the City in 2013 for the purpose of constructing Otter Lake Road. Similar to Main Street Shoppes, a Declaration of Access Control has been drafted. The Declaration states the private access road to the development will have full access to Otter Lake Road upon completion, but such full access must be reduced to right -in, right -out access upon further extension of the Otter Lake Road to the north. Staff notes the private road will eventually extend north to serve future development and connect to the future full access at Otter Lake Road. Previous wetland impact concerns related to the future road extension have been eliminated because the wetland is being mitigated in accordance to WCA Notice of Decision issued January 27, 2021. Easements e Standard drainage and utility easements at least 10 feet wide have been provided along the lot lines of Lot 1, Block 1. A drainage and utility easement is also provided over the private road, stormwater pond facilities and wetland. An easement will not be required over the northern wetland since it is anticipated this wetland will be impacted and mitigated in the future. An easement may be required at that time. Previously recorded highway easements and utility easements along CSAH 14 (Main Street) exist on site. Public Land Dedication An 8.5 ft wide bituminous trail approximately 3001f will be constructed along the west side of Otter Lake Road. The public trail will be installed by the developer and maintained by the City. The City will collect a cash fee of $2,520 per acre minus trail construction costs in lieu of land dedication for commercial development for Lot 1, Block 1, Otter Crossing. 1.46 acres x $2,520 per acre = � $3,679.20 - Trail Construction Costs = � $9,113.50 TOTAL = � ($5,434.30) The negative cash balance will be carried over and balanced with future phases of development. Site and Building Plan Review A preliminary site and building plan review was completed with the preliminary plat review. Overall, the proposed commercial building meets ordinance and performance standard requirements. Final site plan, landscaping, architectural and signage plans will be reviewed with the building permit application. The following is narrative from the preliminary plat review. Site Plan The applicant is proposing to construct a 7,800 sf commercial retail building with 6 units on Lot 1, Block 1, Otter Crossing. The site plan indicates adrive-through service on the east side of the building which is allowed as an accessory use in the GB, General Business district. The site plan provides an area on the southwest and southeast corner of the building for accessory outdoor dining or seating facility. This will require an Administrative Permit to be submitted by the future tenant. A 5 ft wide private concrete sidewalk is shown along the north lot line. A public trail will be constructed on the west side of Otter Lake Road with connection to the development and pedestrian crossing at the CSAH 14 intersection. Lot Size and Setbacks The front lot line is along CSAII 14 (Main Street) because it is the public road right -of --way. The rear lot line is along the private road. Min. Lot Size 2000 sf sf 63,469 sf Min Lot Width 100 ft 240 ft 245 ft Setbacks -Street Required Proposed Principal Building-CSAH 14 (arterial) 40 ft 44-0 ft 132 ft Principal Building -Otter Lake Road 40 ft 45 ft (collector) Parking Lot � 15 ft ( 15 and 20 ft Setbacks -Side Yard (west) ( Required � Proposed Principal Building � 10 ft � 75 ft Accessory Building � 10 ft � NA Parking Lot/Driveway � 10 ft � 10 ft Setbacks -Rear Yard (Private Road) � Required � Proposed Principal Building ( 30 ft 1 50 ft Accessory Building (trash enclosure) 1 S ft 1 14 ft Parking Lot/Driveway I loft I loft Architectural Plans and Exterior Building Matey°ials Per the preliminary plat plan review, the retail building is single story with exterior materials consisting of brick, glass and EIFS. The color palette consists of earth tone dark gray, brown, light tan brick and light gray, medium gray, dark bronze and teal EIFS. Metal canopy and fabric awnings also accent the building. 5 The ordinance allows for stucco or hip on no more than 30% of the primary front building elevation and no more than 60% of any side or rear building elevation. The primary front elevation has 1.4% EIFS and rear elevation has 47% EIFS and the sides have 26% and 19%. The materials and percentages are compliant with performance standards. The bung height is 23 8" which is less than that maximum 45 ft allowed. A trash enclosure is proposed on the north side of building. Construction details provided on Sheet A3 indicate light tan and brown utility brick over concrete block. The gate is painted metal deck swing gate that has 100% opacity. The enclosure is 7' 6" in height. The trash enclosure meets performance standards. Per Sheet A3, the mechanical equipment is located on the rooftop and screened by parapets. The building will be sprinkled for fire suppression. Drive -through The east end cap suite is proposed to have adrive-through for a coffee shop or fast food restaurant. Drive -through service facilities are allowed accessory uses in the GB, General Business District. The drive -through meets the performance standards except for the following comments that shall be addressed at the time of building permit application: 1. Details of order board intercom shall be provided. 2. Photometric plan shall include service lane lighting. 3. Additional 30 inch high coniferous landscape screening shall be provided along the Otter Lake Road right-of-way to screen the drive -through. Outdoor Lighting Per Section 1007.043(6)(d), no light source shall exceed 1.0 foot candle onto right of way or 0.4 foot candle onto adjacent property. Sheet 51-1, Site Photometric Plan indicates light sources exceeding these limits and shall be revised. Light fixtures on the both the building and 28 ft high poles are down lit and cutoff as required by city code. 0 Off -Sheet Parking RequhAements Sheet Al indicates 6 potential tenant spaces (5 retail and 1 restaurant/drive-through). Per Section 1007.044(6), retail stores require 1 space per 200 sf of floor area and fast food requires 15 spaces per 1,000 sf gross floor area. This would require 26 retail parking stalls and 27 restaurant parking stalls for a total of 53 stalls required. The site plan provides 71 parking stalls so this requirement is met. It should be noted that any retail space proposed for any use other than retail (i.e. restaurant) shall meet the parking requirement ordinance. Grading Plan and Stormwater Management 0 Per the Storm Water Management Plan prepared by Pioneer Engineering revised April 23, 2021, the existing topography can be divided into 3 portions. The northern section of the property is generally flat agricultural land used for row crops. This area drains to the northeast to an existing wetland area which then flows to the north. The southern portion of the property is made up of primarily flat agricultural land that is used for row crops. This area drains to a large wetland toward the center which outlets at the southwest corner through a culvert under CSAH 14. The last portion of the property is a small portion on the east side of the property that drains to the existing storm sewer on Otter Lake Road. The parking lot runoff for this commercial development will be collected in a storm sewer system which will connect to the proposed private road to the north. This storm sewer will be routed to the west where a basin with connected filtration cell will be constructed to abut the existing wetland. This basin will outlet to the existing Wetland A. This wetland will outlet through the culvert located at the southwest, which drains under CSAH 14. The original stormwater basin was designed to treat only runoff from Lot 1 and the private road. The stormwater management facility has been redesigned and enlarged as a NURP pond with filtration area to accommodate more runoff for future development. The City Engineer and RCWD have reviewed the facility and determined it is compliant for rate control, water quality and volume control. The stormwater management facilities (stormwater pond and storm sewer pipes) will be owned. and maintained by the developer and covered by a Declaration for Maintenance of Stormwater Facilities. Public Utilities The new retail building will be municipally served by an 8" PVC sanitary sewer and an 8" DIP watermain located along the private road that extends from Otter Lake Road. The utilities will be owned and maintained by the City. Tree Pi°eservation and Mitigation Standards The following Tree Preservation and Landscaping comments are from the July 29, 2020 Environmental Board staff report and May 3, 2021 Environmental Coordinator letter. A tree survey will not be required for this site, because there are no trees over 6 inch DBH to survey. Preservation and mitigation standards do not apply to this site. Open Areas Landscape Standards Open space plantings associated with the stormwater pond and infiltration basin will be addressed by future developments' planting requirements. Buffer and Screen Standards The purpose of this requirement is to separate and buffer different land use types, screen roads and parking, and screen utility and loading areas. Continuous, year-round planting screens require, at the minimum, a double row of plants with triangulated spacing. This project calls fora 30 inch high planting screen. Continuous screen has been added on the north perimeter. Planning staff also notes the 30 inch screen is required to provide year round screening and therefore, should be coniferous shrubs. This coniferous screening has been provided. Buffer and screen standards have been met. Canopy Coven Canopy cover standards call for a minimum of 40% canopy coverage. Canopy coverage values are calculated per tree based on the anticipated size 15 years after planting, and the distance to hardscape edge from the planting location. Vehicular hardscape planned: 34,310 sq ft Canopy cover requirement: 1319 13,724 sq ft Canopy cover provided: Q� 13,900 sq ft Canopy cover standards have been met. Foundation Landscaping The purpose of these standards is to soften and enhance building architecture, define access points, add color and seasonal interest, and to blend buildings in with the natural environment. These standards apply to building fronts and sides facing public or private streets. 2 large trees and 6 large shrubs are required per 1001inear feet of building. These plants should be wn 30 feet of the building. The following substitutions are allowable: 1 large tree = 1.5 medium or 2 small trees 1 large shrub = 1.5 medium or 3 small shrubs The plans indicate foundation plantings of 2 large trees and 33 large shrubs (or large shrub equivalents in medium and small shrubs). • 2 large trees • 5 large shrubs • 35 medium shrubs • 15 small shrubs These plants are all located on the west, east, and south building faces. The foundation landscaping standards do allow flexible planting locations where service areas or other constraints make the standards difficult to meet. In this case, the intensive use planned for the north and east perimeters would make foundation plantings prohibitive. The trees and E:3 shrubs on the west building face, along with the continuous buffer and screen plantings on the north and east perimeters will suffice in softening the building appearance and meeting the intent of the foundation planting standards for these building faces. The foundation landscape standards have been met. Sod and Ground Cover Standards All areas not otherwise improved in accordance with the approved site plans shall have a minimum depth of 4 inches of topsoil and be sodded including boulevard areas. Seed may be provided in lieu of sod in certain cases, including when the area is adjacent to natural areas or wetlands. Area around the storm water pond from normal water level to high water level will be seeded with MnDOT 33-26L Stormwater South and West, which is a native mix of grasses, forbs, sedges, and rushes for stormwater pond edges. Above high water level in the storm water pond area calls for 35-621 Dry Prairie Southeast. The area north. of Lot 1 will also have MnDot 35-621 to create a buffer strip for Wetland A near the impacted portion of the wetland. The remainder of the site will be seeded with MnDot 25-141 Mesic Roadside General or sodded. The Seeding Plan indicates this mix covering areas of the site that call for sod on the Landscape Plan. These two plan sheets should match. Sheet L1, Landscape Plan notes irrigation designed by others. An irrigation plan shall be submitted with the building permit. Bouleva�•d Trees Boulevard trees are not required for commercial developments. Signage A comprehensive sign plan for the entire building is required for multi -occupancy business buildings. The comprehensive sign plan shall be submitted with the sign permit application for all wall and monument signs. Preliminary review of the ground monument signs indicates they meet size and height requirements. Ground signs are only allowed along public road frontage i.e. CSAH 14 (Main Street) and Otter Lake Road. Impervious Surface Coverage The allowed impervious surface coverage in the GB, General Business District is 75%. The lot area of Lot 1 is 1.46 acres with 1.07 acres impervious which equals 73%. The proposed post - development impervious surface coverage is compliant. E Traffic Study A formal traffic study is not required. The updated 2020 I-35E Corridor AUAR analyzed traffic impacts for commercial development along this entire corridor. The proposed retail building is consistent with AUAR Land Use Scenarios #1 and #2 for commercial development. Otter Lake Road and CSAH 14 (Main Street) are A Minor Reliever and A Minor Collector roads, respectively and have structural capacity to handle the commercial traffic. Alternative Urban Areawide Review (AUAR) The site is within the 2005 I-35E Corridor AUAR enviromnental review boundary. The AUAR was updated in May 2020. The AUAR identifies this site as commercial in the land use scenarios. The Otter Crossing project is consistent with commercial development. No further environmental assessment is required. Wetlands A wetland delineation report was completed by Midwest Natural Resources on September 4, 2019. A WCA Notice of Decision was issued by RCWD on December 9, 2019. Two wetlands were delineated. Wetland A is 2.59 acres and Wetland B is 1.19 acres. Per RCWD CAPROC dated January 27, 2021, a complete replacement plan application was submitted to the District for proposed wetland impacts on 08-27-20 and was subsequently noticed to the TEP on 09-04-2020. The application initially included 5,270 ft2 of wetland impact associated with the installation of a private drive off Otter Lake Road. The TEP expressed concern with the proposed subdivision of the site and what that might mean for future development and additional wetland impacts. In addition, the proposed drainage map showed that the drainage to the eastern portion of Wetland A would be reduced by 46%. The applicant updated the application to show the anticipated future development of the parcel including the extension of the private drive to the northern part of the property. The applicant demonstrated that even if direct impacts to the eastern portion of Wetland A were avoided, the development of the parcel will not be able to provide sufficient hydrology to the wetland. The wetland impact amount was therefore increased to 68,685 ft2 to represent the secondary impact from effectively draining portions of Wetland A. The applicant's MnRAM analysis determined that Wetland A is moderately or severely degraded. The replacement ratio is 1:1. The application also includes the excavation of 1,670 ft2 in the western part of Wetland A. The excavation is to allow the storm sewer to work across the site. A channel will be excavated to the elevation of the outlet pipe that is located off=site in the southwest corner of Wetland A. This impact does not require replacement as WCA does not regulate excavation in type 1 or 2 wetlands if the work does not convert to non -wetland. The excavation is proposed to be less than 2 feet and will not result in converting the wetland to deep water habitat. The applicant has provided an alternative analysis, including discussion of impact avoidance, minimization and mitigation. The applicant has reasonably avoided and minimized wetland impacts to the extent possible. The applicant has addressed all comments and the TEP concurs that WCA impact sequencing is met. 10 Wetland replacement will occur via wetland bank account 7T1522, in the amount of 1.5767 acres. The wetland bank is within the same major watershed and BSA of the project site. Impacumhugation Table Wetland A 68,685 sf of fill 1.1 68,685 sf (1.5767 acres) 1 (1.5767 acres) Wetland B NA NA The wetlands are not within the Wetland Management Corridor (WMC) so a WMC wetland buffer is not required. A drainage &utility easement is being dedicated over the stonnwater pond and a portion of the wetland. Additional easements will be dedicated in conjunction with future development of the outlots. Shoreland District The development is not located in the Shoreland District. Floodplain There is no FEMA floodplain on site. Public Safety Comments Deputy Director L'Allier notes a hydrant shall be located closer to the Fire Department Connector (FDC) on the north side of the building near the transformer. The hydrant has been relocated and approved by the Deputy Director. The Police Division reviewed the plans and had no issues that needed to be addressed. Environmental Board The Environmental Board reviewed the development proposal at their July 29, 2020 meeting. The Board recommended approval with minor revisions required. Comprehensive Plan I1 The preliminary and final plat are consistent with the Comprehensive Plan is regards to resource management system, land use plan, housing plan, transportation plan and sanitary sewer and water supply plan. Anoka County Highway Department The final plat and plan set were distributed to Anoka County Highway Department on March 252021. The applicant shall receive approval from the County prior to issuance of a City building permit. Title Commitment The City Attorney has reviewed and approved the title commitment and final plat. Agreements Stormwater Maintenance Agreement Per the City Engineer letter dated May 5, 2021, the applicant will be required to have their own declaration for stormwater maintenance for the private storm sewer. Development Agreement A Development Agreement as it relates to the final plat has been drafted by the City and shall be executed by the Developer. Site Improvement Pei formance Agreement A Site Improvement Performance Agreement is required in conjunction with construction of the retail building. This agreement will be drafted by the City and shall be executed by the Developer. Declwataon of D�•iveway Easement The Declaration of Driveway Easement has been revised accordingly. Declaration of Access Control The Declaration of Access Control has been revised accordingly. Findings of Fact The Findings of Fact for Otter Crossing Final Plat are detailed in Resolution No. 21-40. RECOMMENDATION Staff recommends approval of the final plat. l2 The Planning & Zoning Board reviewed the Otter Crossing Final Plat on April 14, 2021 and recommended approval with a 6-0 vote. ATTACJF3IVIENTS 1. Resolution No. 21-40 2. Final Plat 3. Resolution No. 2141 4. Development Agreement 5. Resolution No.21-42 6. Declaration of Access Control 13