HomeMy WebLinkAbout2022-115 Council Resolution CITY OF LINO LAKES
RESOLUTION NO. 22-115
APPROVING MARKETPLACE PDO AMENDMENT #3 FOR SITE AND
BUILDING PLANS FOR 601 APOLLO DRIVE RETAIL
WHEREAS, the City received a Land Use Application to amend the Marketplace
Planned Development(PDO) Design Guidelines Ordinance No. 03-05; and
WHEREAS, Ordinance No. 03-05 regulates site plan and design guidelines for the
Marketplace development and states under Special Provisions #4 that substantial
departures from the approved plans will require an amendment to the Planned
Development Overlay (PDO); and
WHEREAS,per the Marketplace PDO Site Plan, the subject site is a future bank; and
WHEREAS, the applicant is proposing construct a dental clinic, coffee shop, and ATM
drive-thru that will require modifications to the site plan and building elevations; and
WHEREAS, the subject site is legally described as Lot 2, Block 1, Lino Lakes Market
Place 2nd Addition; and
WHEREAS,the Planning & Zoning Board held a public hearing on September 14, 2022
and recommended approval of the PDO Amendment#3 and the site and building plans.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following findings:
FINDINGS OF FACT
(a) The proposed development application must be consistent with the policies and
recommendations of the Lino Lakes Comprehensive Plan including:
1. Land Use Plan.
2. Transportation Plan.
3. Utility(Sewer and Water) Plans.
4. Local Water Management Plan.
5. Capital Improvement Plan.
6. Policy Plan
7. Natural Environment Plan.
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The proposed retail development is consistent with the City's Comprehensive Plan in
regards to the land use plan, transportation plan, utility plans, local water management
plan, capital improvement plan,policy plan and natural environment plan.
(b) The proposed development application is compatible with present and future land
uses of the area.
The proposed retail development is compatible with present and future land uses.
(c) The proposed development application conforms to performance standards herein
and other applicable City Codes.
The proposed retail development conforms with all performance standards with minor
revisions required as detailed in this resolution.
(d) Traffic generated by a proposed development application is within the capabilities of
the City when:
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. However, the City may, at its discretion, consider developer-financed
improvements to correct any street deficiencies.
7. The LOS requirements in paragraphs 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 Dept. of Transportation, and a plan must be prepared to
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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.
8. The City does not relinquish any rights of local determination.
The traffic generated by the proposed retail development are within the capabilities of
the streets serving the property and meet LOS requirements. The City will not relinquish
any rights of local determination.
(e) The proposed development shall be served with adequate and safe water supply.
The proposed development will be served with adequate and safe water supply.
(f) The proposed development shall be served with an adequate or safe sanitary sewer
system.
The proposed development will be served with adequate and safe sanitary sewer.
(g) 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 for this development.
(h) Development shall be permitted only in such a manner that the maximum number of
trees shall be preserved. It shall be the duty of the person seeking approval to
demonstrate that there are no feasible or prudent alternatives to the cutting of trees
on the site.
The proposed retail development does not propose any tree removal. There are no trees
on site.
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves the site and building plan for 601 Apollo Drive Retail subject to the following
conditions:
1. The subject site shall be developed in accordance with the following plans
including subsequent revisions:
a. Site and Civil Plans prepared by Design Tree revision date September 21,
2022
b. Architectural Plans prepared by Lampert Architects revised September 28,
2022
c. Landscape Plans prepared by Plan-Type revision date September 29, 2022
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d. Photometric Plan prepared by Viking Electric dated July 28, 2022
2. A Third Amendment to the Operation and Easement Agreement between Target,
Prior Lake, and Kohl's shall be recorded.
3. A Site Improvement Performance Agreement is required.
4. A Declaration for Maintenance of Stormwater Facilities in favor of RCWD and
the City shall be recorded.
5. A separate sign permit application shall be submitted and approved by the City
prior to signage installation. Signage shall be compliant with the Marketplace
Design Guidelines.
6. An administrative permit is required for any accessory outdoor dining.
7. Any future changes in use on this lot(Lot 2, Block 1, Lino Lakes Market Place
2°d Addition) shall be consistent with the permitted uses, accessory uses, and
conditional uses listed in the City's GB, General Business zoning district.
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves PDO Amendment#3 and the site and building plans for 601 Apollo Drive
Retail subject to the following comments being addressed prior to issuance of a building
permit:
1. Recorded copies of the following documents shall be provided to the City:
a. Third Amendment to the Operation and Easement Agreement
b. Declaration for Maintenance of Stormwater Facilities
2. A Site Improvement Performance Agreement shall be executed and securities in
place.
Adopted by the Council of the City of Lino Lakes this 1 Oth day of October, 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, Lyden, Rafferty
The following voted against same:None
Ro Rafferty, Mayor
ATTEST:
'JuliArWie Bartell, City Perk
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