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HomeMy WebLinkAbout2022-055 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 22-55 APPROVING OTTER CROSSING 2ND ADDITION PRELIMINARY PLAT WHEREAS, the City received a land use application for Otter Crossing 2nd Addition preliminary plat for hereafter referred to as "Development'; and WHEREAS, City staff completed a review of the Development based on the following: • Otter Crossing 2nd Addition Preliminary Plat& Site Plans prepared by Pioneer Engineering dated April 1, 2022 • Storm Water Management Plan prepared by Pioneer Engineering revised June 22, 2021 • Storm Water Pollution Prevention Plan prepared by Pioneer Engineering dated March 5, 2021 • Concept Plan 5 prepared by Pioneer Engineering dated April 6, 2020 • Tidal Wave Auto Spa Site Development Plans prepared by Bowman dated February 1, 2022 • Stormwater Management Report prepared by Bowman dated March 3, 2022 • Architectural Plans prepared by Reztark dated March 14, 2022 • Landscape Plans prepared by Bowman dated (no date provided) • Photometric Plan prepared Reztark dated February 1, 2022; and WHEREAS, a public hearing was held before the Planning & Zoning Board on May 11, 2022 and the Board recommended approval of the Development with a 6-0 vote. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per City Code Section 1001.013, Premature Subdivision: (1) General. Any concept plan, preliminary plat or final plat deemed premature pursuant to the following criteria shall be denied by the City Council. (2) Conditions for establishing a premature subdivision. A subdivision maybe deemed premature should any of the following conditions not be met. (a) Consistency with the Comprehensive Plan. Including any of the following: 1. Land use plan; 2. Transportation plan; 3. Utility (sewer and water) plans; 4. Local water management plan; 5. Capital improvement plan; and 6. Growth management policies, including MUSA allocation criteria. 1 The Otter Crossing 2nd Addition preliminary plat is consistent with the goals and policies of the comprehensive plan in regards to resource management, land use, housing, transportation and utilities. The development is also consistent with the local water management plan, capital improvement plans and growth management policies. (b) Consistency with infill policies. A proposed urban subdivision shall meet the city's infill policies: 1. The urban subdivision must be located within the Metropolitan Urban Service Area (MUSA) or the staged growth area as established by the city's Comprehensive Plan; 2. The cost of utilities and street extensions must be covered by one or more of the following: a. An immediate assessment to the proposed subdivision; b. One hundred percent of the street and utility costs are privately financed by the developer; c. The cost of regional and/or oversized trunk utility lines can be financed with available city trunk funds; and d. The cost and timing of the expenditure of city funds are consistent with the city's capital improvement plan. 3. The cost, operation and maintenance of the utility system are consistent with the normal costs as projected by the water and sewer rate study; and 4. The developer payments will offset additional costs of utility installation or future operation and maintenance. The Otter Crossing 2nd Addition preliminary plat is consistent with infill policies. The development is within the current Utility Staging Area IA=2018-2025. The cost of utility and private street extensions is being privately financed by the developer. The cost, operation and maintenance of the utility system are consistent with the normal costs projected by the water and sanitary system plans. No future utility costs are proposed. (c) Roads or highways to serve the subdivision. A proposed subdivision shall meet the following requirements for level of service (LOS), as defined by the Highway Capacity Manual: 1. 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; 2. 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; 3. 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; 4. 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; 5. 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; 6. The traffic generated from a proposed subdivision shall not require city street improvements that are inconsistent with the Lino Lakes capital improvement plan. 2 However, the city may, at its discretion, consider developer-financed improvements to correct any street deficiencies; 7. The LOS requirements in divisions (2)(c)1. to 4. 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 Department 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; and 8. The city does not relinquish any rights of local determination. The Otter Crossing 2nd Addition preliminary plat meets the requirements for level of service (LOS). The I-35E Corridor AUAR analyzed traffic impacts for commercial development of this entire corridor. The proposed commercial car wash is consistent with the A UAR Land Use Scenarios for commercial development. Otter Lake Road and CSAH 14 (Main Street) are A- Minor Arterial Expander and A-Minor Arterial Connector roads, respectively and have structural capacity to handle the traffic volume of the commercial car wash. No street improvements are proposed that are inconsistent with the City's capital improvement plan. The city does not relinquish any rights of local determination. (d) Water supply. A proposed subdivision shall be deemed to have an adequate water supply when: 1. The city water system has adequate wells, storage or pipe capacity to serve the subdivision; 2. The water utility extension is consistent with the Lino Lakes water plan and offers the opportunity for water main looping to serve the urban subdivision; 3. The extension of water mains will provide adequate water pressure for personal use and fire protection; and 4. The rural subdivision can demonstrate that each of the proposed lots can be provided with a potable water supply. The Otter Crossing 2nd Addition preliminary plat will have an adequate water supply. An 8" watermain along the private street extending from Otter Lake Road will serve the development. The City's water system has capacity to accommodate the commercial car wash. (e) Waste disposal systems. A proposed subdivision shall be served with adequate waste disposal systems when: 1. The urban sewered subdivision is located inside the city's MUSA or is consistent with the MUSA allocation criteria; 2. The city has sufficient MUSA and pipe capacity to serve the subdivision if developed to its maximum density; 3. The subdivision will result in a sewer extension consistent with Lino Lakes sewer plan and capital improvement plan; 4. A rural subdivision can demonstrate that each lot can be served by an adequate sanitary sewer disposal system; and 5. A rural subdivision with a proposed communal sanitary sewer or water system has an effective long range management and maintenance program with proper financing. 3 The Otter Crossing 2nd Addition preliminary plat will be served with an adequate waste disposal system. The development is within the current Utility Staging Area IA=2018-2025 and will be served by an 8"sewer main along the private street extending from Otter Lake Road. The sanitary sewer system has capacity to accommodate the commercial car wash. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes that Otter Crossing 2nd Addition is not a premature subdivision; and BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves the preliminary plat for Otter Crossing 2nd Addition subject to the following conditions: l. A new or amended Declaration of Driveway Easement detailing the developer's maintenance responsibilities of the private street shall be recorded across Lot 1 and Lot 2, Block 1, Otter Crossing 2nd Addition. 2. The applicant shall submit a Land Use Application for final plat after preliminary plat approval. 3. A Development Agreement and securities related to the final plat shall be required. BE IT FURTHER RESOLVED by The City Council of The City of Lino Lakes hereby approves that the following comments shall be addressed at the time of final plat submittal: 1. All comments from the City Engineer letter dated May 4, 2022 shall be addressed. 2. Sheet 3.1 Preliminary Plat: a. An additional 60 ft of street right-of-way shall be dedicated along Otter Lake Road to the north lot line of Outlot A. b. Under Wetland A and Wetland B, include wetland areas. c. In the table, change number of lots from 1 to 2. 3. Sheet 1, Concept Plan 5 a. The concept plan shall be revised to accurately depict the proposed private street layout, and future street and lot layouts for Outlot A. Adopted by the Council of the City of Lino Lakes this 13th day of June, 2022. The motion for the adoption of the foregoing resolution was introduced by Councilmember Ruhland, and was duly seconded by Councilmember Cavegn, and upon vote being taken thereon, the following voted in favor thereof. Ruhland, Cavegn, Stoesz, Rafferty The following voted against same: None (Absent-Lyden) -7,1 Ro afferty,M yor ATTEST: Bartell, City Jerk"- -4