HomeMy WebLinkAbout2022-001 Council Resolution CITY OF LINO LAKES
RESOLUTION NO. 22-01
RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR
PRECISION TUNE AUTO CARE (7910 LAKE DRIVE)
WHEREAS, the City received a land use application for a Conditional Use Permit for
Precision Tune Auto Care (PTAC) located at 7910 Lake Drive and hereafter referred to
as "Development"; and
WHEREAS, the property is zoned GB, General Business and allows for automobile and
truck repair with a conditional use permit; and
WHEREAS,the legal description of the subject property is as follows:
(Per Trustee's Deed No. 2343673.002)
That part of Lots 6 and 7, Auditor's Subdivision No. 100, Anoka County, Minnesota,
lying Northerly of the following described line:
Beginning at a point on the Easterly line of said Lot 7 20 feet Northerly from the
Southeast corner thereof; thence Northwesterly to a point on the Westerly line of said Lot
7, said point being 150 feet Northeasterly from the Southwesterly corner of said Lot 7 (as
measured along said Westerly line) and there terminating;
And lying Southerly of a line drawn from the Southeast corner of Lot 6 at an angle of 64
degrees 19 minutes 30 seconds, measured from North to West, to the Westerly line of
said Lot 6, and there terminating.
Excepting therefrom, on all above, any part lying with the plat of Anoka County
Highway Right of Way Plat No. 17; and
WHEREAS, City staff has completed a review of the land use application based on the
following plans:
• Civil Plan Set prepared by Lake and Land Surveying, Inc. revision date January
20, 2022
• Architectural Plan Set prepared by Building Foundry revision date January 24,
2022
• Landscape Plan Set prepared by Calyx Design Group revision date January 7,
2022
• Photometric Plan prepared by Building Foundry dated October 8, 2021
• Drainage Calculations prepared by Lake and Land Surveying, Inc. dated
December 28, 2021
• Subsurface Geotechnical Assessment prepared by MTM Environmental, Inc.
dated October 1, 2021
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WHEREAS, a public hearing was held before the Planning & Zoning Board on
December 8, 2021 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 findings:
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 PTA development is consistent with the Land Use, Utility, Local Water
Management, Capital Improvement, Policy and Natural Environmental Plans and
recommendations of the comprehensive plan as detailed in this staff report.
2. The proposed development application is compatible with present and future land
uses of the area.
The proposed PTA development is compatible with present and future land uses. The
subject site and adjacent parcels to the north, south and east are guided and zoned for
commercial use. The parcels to the east and west are guided for low density residential.
The commercial building is setback 75 ft from the property line and includes a fence or
landscape screen. The proposed PTA development is consistent with the commercial
land uses.
3. The proposed development application conforms to performance standards herein and
other applicable City Codes.
A Site Plan Review has been completed and the proposed PTAC development meets
zoning performance standards with conditions listed in staff report.
4. Traffic generated by a proposed development application is within the capabilities of
the City when:
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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
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 proposed PTAC development does not change the level of service on CSAH 23 (Lake
Drive). The road is an A-Minor Reliever Road and is capable of handling the additional
traffic volume proposed by the project.
5. The proposed development shall be served with adequate and safe water supply.
The proposed PTA development will connect to an adequate and safe municipal water
supply.
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6. The proposed development shall be served with an adequate and safe sanitary sewer
system.
The proposed PTA development will be served by an adequate and safe municipal
sanitary sewer system.
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.
Automobile and truck repair 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.
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 of Section 1007.112 (8) (a) must also be met:
1. The architectural appearance and functional plan of the building and site shall not be
so dissimilar to the existing buildings or area as to cause impairment in property
values or constitute a blighting influence.
The proposed building will be consistent with the surrounding buildings.
2. The entire area other than occupied by buildings or structures or planting shall be
surfaced with bituminous or concrete which will control dust and drainage. The
entire area shall have a perimeter curb barrier, a storm water drainage system and is
subject to the approval of the City Engineer.
The PTAC development will be surfaced with bituminous material, and the entire area
will have a perimeter curb barrier. The City Engineer has reviewed the storm water
drainage system and notes that some revisions will be required.
3. All buildings shall provide an interior location for trash handling or an enclosed trash
receptacle area in conformance with the following:
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a. Exterior wall treatment shall be similar and/or complement the principal
building.
b. The enclosed trash receptacle area shall be located in the rear or in a side yard
which is not abutting a street.
c. The trash enclosure must be in an accessible location for pick up hauling
vehicles.
d. The trash enclosure must be fully screened from view of adjacent properties.
The PTAC development plans indicate a fully enclosed trash receptacle area at the rear
of the property that will be of similar color and material to the main building.
4. All painting must be conducted in an approved paint booth. All paint booths and all
other activities of the operation shall thoroughly control the emission of fumes, dust
or other particulated matter so that the use shall be in compliance with the State of
Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as
amended.
The PTAC development shall meet these requirements.
5. The emission of odor by a use shall be in compliance with and regulated by the State
of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended.
The project will not generate excessive smoke,fumes or odors.
6. All flammable materials, including liquids and rags, shall conform with the applicable
provisions of the Minnesota Uniform Fire Code.
The PTAC development shall meet these requirements.
7. All outside storage shall be prohibited except the storage of customer vehicles waiting
for repair.
No outside storage is proposed with this project.
8. 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 by modifying the conditions.
The PTAC development shall meet these requirements.
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves the conditional use permit for automobile and truck repair for Precision Tune
Auto Care located at 7910 Lake Drive subject to the following conditions:
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1. All outside storage shall be prohibited except the storage of customer vehicles
waiting for repair.
2. A separate public drainage and utility easement and exhibit shall be recorded over
the stormwater management facilities and lot lines.
3. A Site Performance Agreement and securities are required.
4. A Declaration for Maintenance of Stormwater Facilities related to the private
stormwater management facilities is required.
5. Separate sign permit applications are required for all permanent monument/pylon
and wall signage.
6. Separate sign permit applications are required for all temporary signage.
7. A six (6) feet high fence or landscape screen 40ft in length will be required
adjacent to the residential development to the southeast.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves the conditional use permit subject to the following requirements being
addressed prior to issuance of a building permit:
l. All comments from the City Engineer letter dated February 23, 2022 shall be
addressed.
2. All comments from the Environmental Coordinator memo dated February 15,
2022 shall be addressed.
3. A RCWD permit is required.
4. The applicant shall draft a separate public drainage and utility easement and
exhibit for the stormwater management facilities and lot lines.
5. A Site Improvement Performance Agreement shall be approved by City Council
and executed.
6. The applicant shall draft a Declaration for Maintenance of Stormwater Facilities
for the private stormwater maintenance facility.
7. Sheet C3, Site Plan and Sheet L1.1, Landscape Plan:
a. A six(6) foot high privacy fence 40ft in length will be required adjacent to
the residential development to the southeast.
Adopted by the Council of the City of Lino Lakes this 28t'day of February, 2022.
The motion for the adoption of the foregoing resolution was introduced by
Councilmember Cavegn and was duly seconded by Councilmember Ruhland and
upon vote being taken thereon,the following voted in favor thereof:
Ruhland, Cavegn, Lyden,Rafferty
The following voted against same: None (Absent- Stoesz)
t�• �.l'�� . r
Ro Rafferty,Mayor
ATTEST:
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lia e Bartell, Ci Cle
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