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HomeMy WebLinkAboutResolution 23-025 CITY OF LINO LAKES RESOLUTION NO. 23-25 APPROVING CENTENNIAL MIDDLE SCHOOL (399 ELM STREET) CONDITIONAL USE PERMIT AMENDMENT FOR TENNIS COURT RELOCATION AND PARKING LOT ADDITION WHEREAS,the City received a land use application for a conditional use permit amendment for tennis court relocation and parking lot addition and hereafter referred to as"Development"; and WHEREAS,the property is zoned PSP, Public and Semi-Public and allows for schools (public and private)with a conditional use permit; and WHEREAS, any change involving a structural alteration requires an amendment to the conditional use permit; and WHEREAS,the legal description of the property is provided on attached Exhibit A; and WHEREAS, City staff has completed a review of the land use application based on the following plans: • Boundary Survey prepared by Sunde Land Surveying dated February 9, 2023 • Civil Plan Set prepared by Larson Engineering, Inc. dated March 14, 2023 • Parking Lot Cross Section of Parking Lot prepared by Larson Engineering, Inc. dated March 14,2023 • Stormwater Calculations prepared by Larson Engineering, Inc.revised March 20, 2023 • Geotechnical Evaluation Report prepared by Braun Intertec dated December 22, 2022; and WHEREAS, a public hearing was held before the Planning&Zoning Board on March 8, 2023 and the Board recommended approval of the conditional use permit amendment with a 5-0 vote. NOW,THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following findings: FINDINGS OF FACT Per City Code Section 1007.016(3): (e) The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed conditional use.Its judgement shall be based upon, but not limited to,the following factors: 1. The proposed development application has been found to be consistent with the design standards listed in City Code Section 1007.020(4). See below. 2. 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. The proposed tennis court and parking lot reconstruction will not involve activities detrimental to any person,property, or the general welfare. 3. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed tennis court and parking lot reconstruction will not result in the destruction of a natural, scenic, or historic feature of major importance. Per City Code Section 1007.020: (4) Performance Standards. Plans which fail to meet the following criteria shall not be approved. (a) The proposed development application must be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. The proposed tennis court and parking lot reconstruction are consistent with the civic (school) land use. (b) The proposed development application is compatible with present and future land uses of the area. The proposed tennis court and parking lot reconstruction is compatible with present and future land uses of the area. The facilities are already existing and are just being relocated on site. (c) The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed tennis court and parking lot reconstruction conforms to City Code performance standards with minor revisions as noted in this resolution. (d) Traffic generated by a proposed development application is within the capabilities of the City when: 2 1. If the existing level of service (LOS)outside of the proposed development is A or B,traffic generated by a proposed development will not degrade the level of service more than one grade. 2. If the existing LOS outside of the proposed development is C,traffic generated by a proposed development will not degrade the level of service below C. 3. If the existing LOS outside of the proposed development is D,traffic generated by a proposed development 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 proposed development. If the existing level of service is E or F,the 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 proposed development must have the structural capacity to accommodate projected traffic from the proposed development or the developer will pay to correct any structural deficiencies. 6. The traffic generated from a proposed development 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 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 proposed development 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. The proposed tennis court and parking lot reconstruction is within the capabilities of the City. Elm Street is a local road and is capable of handling the additional traffic volume generated by the five (5) additional parking spaces. (e) The proposed development shall be served with adequate and safe water supply. 3 The proposed tennis court and parking lot reconstruction does not require a water supply. (f) The proposed development shall be served with an adequate or safe sanitary sewer system. The proposed tennis court and parking lot reconstruction does not require 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. The proposed tennis court and parking lot reconstruction does not require City funds. (h) Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters and City Council shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. The proposed tennis court and parking lot reconstruction does not involve any activity involving the handling or storage of flammable or explosive materials. 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 City Code Section 1007.130(8) are also met: (a) All schools (public and private)provided that: 1. Side yards shall be double that required for the district. The side yard setbacks for the tennis courts and parking lot are more than doubled. 2. Adequate screening from abutting residential uses and landscaping is provided in compliance with City Code Section 1007.043(17) of this ordinance. A six (6)foot high privacy fence with landscaping to the south of the new parking lot will provide adequate screening from the residential lots. 3. Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with City Code Section 1007.044 and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with City Code Section 1007.043(17)this ordinance. 4 The tennis courts and parking lots are existing facilities and are just being relocated. Five (5) additional parking spaces are being added to provide adequate off-street parking and access. A six (6)foot high privacy fence with landscaping to the south of the new parking lot will provide adequate screening from the residential lots. 4. Adequate off-street loading and service entrances are provided and regulated where applicable by City Code Section 1007.045. Off-street loading and service entrances currently exist and are not being reconstructed 5. The provisions of City Code Section 1007.016 are considered and determined to be satisfied. The provisions of City Code Section 1007.016-Conditional Use Permits are satisfied BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit amendment for Centennial Middle School Tennis Court Relocation and Parking Lot Addition subject to the following conditions: 1. A Site Improvement Performance Agreement and securities shall be executed. 2. A Maintenance Agreement for Stormwater Management Facilities shall be executed. 3. A Permanent Drainage and Utility Easement with exhibit shall be executed and recorded. 4. The parking lot lights in the new relocated parking lot shall remain on at night but may be dimmed. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit amendment subject to the following requirements being addressed prior to issuance of any permit: 1. All comments from the City Engineer Memo dated March 1, 2023 shall be addressed. 2. City staff shall draft a Site Improvement Performance Agreement for Council approval. 3. The applicant shall draft a Declaration for Maintenance of Stormwater Facilities for staff review and approval. 4. The applicant shall draft a Permanent Drainage and Utility Easement with exhibit for staff review and approval. 5. Recorded copies of the following documents shall be submitted to the City: a. Permanent Drainage and Utility Easement Adopted by the Council of the City of Lino Lakes this 27th day of March, 2023. The motion for the adoption of the foregoing resolution was introduced by Council 5 Member L\{Can and was duly seconded by Council Member RUh\and and upon vote being taken thereon,the following voted in favor thereof: Isjdtn, Sbeg , I24:1-F-rreni, RUhlgnd, Cc vegn The following voted against same: N pRo fferty, Mayor ATTEST: P 'o rs il_ ;42 Hannah Lynch, City Cl 6 EXHIBIT A Legal Description 7 LEGAL DISCRIPTION For Independent School District No. 12 Centennial Middle School The North 290.50 feet of that part of the Southwest Quarter of the Southeast Quarter of Section 18,Township 31, Range 22,Anoka County, Minnesota described as follows: Beginning on the South line of said Southwest Quarter of the Southeast Quarter at a point 603.44 feet East of the Southwest corner thereof; thence East,on said South line,a distance of 100.00 feet;thence North, at a right angle, a distance of 208.56 feet;thence East, at a right angle, a distance of 208.56 feet;thence North, at a right angle, a distance of 345.94 feet; thence West, at a right angle,a distance of 308.56 feet;thence South, at a right angle, a distance of 554.50 feet to the South line of said Southwest Quarter of the Southeast Quarter and said point of beginning. and The North 145.00 feet of that part of the Southwest Quarter of the Southeast Quarter of Section 18,Township 31, Range 22,Anoka County, Minnesota described as follows: Beginning on the south line of said Quarter, Quarter at a point 483.44 feet East of the Southwest corner thereof; thence North, at a right angle,407.00 feet;thence East,at a right angle and parallel with the South line of said Quarter, Quarter at a distance of 120.00 feet;thence North, at a right angle, a distance of 147.50 feet;thence West, at a right angle and parallel with the South line of said Quarter, Quarter;thence East,along the South line,to the point of beginning. and The North 290.50 feet of that part of the Southeast Quarter of Section 18,Township 31, Range 22,Anoka County, Minnesota described as follows: Commencing at a point on the South line of said Southeast Quarter, said point is 1,128 feet East of the Southwest corner of the said Southeast Quarter;thence North and parallel with the East line of said Southeast Quarter, a distance of 264.00 feet to the point of beginning;thence continuing North, parallel with said East line,to a point that is 554.50 feet North of the said South line;thence East and parallel with said South line, a distance of 251.00 feet;thence South and parallel with the East line of said Southeast Quarter, a distance of 290.50 feet;thence West and parallel with the South line of said Southeast Quarter to the point of beginning. and The North 290.50 feet of that part of the Southwest Quarter of the Southeast Quarter of Section 18,Township 31, Range 22,Anoka County, Minnesota described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southeast Quarter;thence East, on the South line of said Southwest Quarter of the Southeast Quarter at a distance of 1,020.00 feet; thence North, at a right angle, a distance of 208.56 feet(to point of beginning); thence East at a right angle, a distance of 108.00 feet;thence North, at a right angle, a distance of 345.94 feet;thence West, at a right angle,a distance of 216.00 feet;thence South, at a right angle, a distance of 345.94 feet; thence East, at a right angle,a distance of 108.00 feet to the beginning. Legal Description Independent School District No. 12 Centennial Middle School 1 and That part of the Southwest Quarter of the Southeast Quarter of Section 18,Township 31 North, Range 22 West except for South 554.5 feet thereof and also except the West 210.0 feet thereof lying southerly of that property deeded to the State of Minnesota for I-35W pursuant to Document Number 272878. and That part of the Northwest Quarter of the Southeast Quarter of Section 18,Township 31 North, Range 22 West lying southerly of the property deeded to the State of Minnesota for I-35W pursuant to Document Number 272878. and That part of the Southeast%of Section 18,Township 31, Range 22, described as follows: Commencing at a point on the South line of said Southeast%,which point is 1,379 feet East of the Southwest corner of said Southeast%;thence North and parallel with the East line of said Southeast Quarter for a distance of 264 feet to the actual point of beginning of tract of land to be therein described;thence continuing North parallel with said East line to a point that is 554.5 feet North of said South line;thence East and parallel with the said South line for a distance of 613 feet;thence South and parallel with the said East line of said Southeast%a distance of 554.5 feet to the South line thereof;thence West, on said South line, a distance of 23 feet to a point that is 1,969 feet East of the Southwest corner of said Southeast%;thence North and parallel with the West line of said Southeast for a distance of 264 feet; thence West and parallel with said South line to the actual point of beginning, according to the United State Government survey thereof. and The Southeast Quarter of the Southeast Quarter(SE%of SE%) of Section Eighteen (18),Township Thirty-One (31) Range Twenty-Two (22) except that part thereof lying within the tract of land described as: Commencing at the Southwest corner of the SE%of said Section 18,thence East on the South line thereof a distance of 1,992 feet,thence North and parallel with the East line of said Section 18 a distance of 554.5 feet,thence West and parallel with the South line of said Section 18 a distance 1,992 feet, more or less,to the West line of said SE%of Section 18,thence South along the said West line to the Southwest corner of the SE%of said Section 18 and the point of beginning, according to the United States Government survey thereof. and The south 633.00 feet of the west 538.56 feet of the Northwest Quarter of the Southwest Quarter of Section 17,Township 31 North, Range 22 West,Anoka County, Minnesota. and That part of the Northeast Quarter of the Southeast Quarter of Section 18,Township 31 North, Range 22 West, Anoka County, Minnesota lying southeasterly of Interstate Highway No.35W and lying northeasterly of a line described as follows: Legal Description Independent School District No. 12 Centennial Middle School 2 Commencing at the southeast corner of said Northeast Quarter of the Southeast Quarter;thence westerly along the south line of said Northeast Quarter of the Southeast Quarter a distance of 440.00 feet to the point of beginning of the line to be described; thence northwesterly, angle to the left, 132 degrees 20 minutes 06 seconds a distance of 391.34 feet to the southerly line of said Interstate Highway No. 35W and said line there terminating. Except that part of said Northeast Quarter of the Southeast Quarter described as follows: Commencing at the southeast corner of said Northeast Quarter of the Southeast Quarter;thence northerly along the east line of said Northeast Quarter of the Southeast Quarter, a distance of 633.01 feet to the point of beginning; thence westerly, angle to the right, 90 degrees 19 minutes 04 seconds a distance of 181.55 feet to the southeasterly line of said Interstate Highway No. 35W;thence northerly along said southeasterly line of Interstate Highway No. 35W a distance of 251.88 feet to the east line of said Northeast Quarter of the Southeast Quarter;thence South along said east line a distance of 175.46 feet to the point of beginning. and That part of the Northeast Quarter of the Southeast Quarter of Section 18,Township 31 North, Range 22 West, Anoka County, Minnesota lying southeasterly of Interstate Highway No. 35W and lying southwesterly of a line described as follows: Commencing at the southeast corner of said Northeast Quarter of the Southeast Quarter;thence westerly along the south line of said Northeast Quarter of the Southeast Quarter a distance of 440.00 feet to the point of beginning of the line to be described;thence northwesterly, angle to the left, 132 degrees 20 minutes 06 seconds a distance of 391.34 feet to the southerly line of said Interstate Highway No. 35W and said line there terminating. and Lots 5 and 6 AUDITORS SUBDIVISION NO. 54 Anoka County, Minnesota and that part of Lot 4 AUDITORS SUBDIVISION NO. 54 Which lies south of a line drawn parallel with and 9.70 chains north of the south line of Gov't. Lot 4, Section 17,Township 31 North, Range 22,Anoka County, Minnesota. That part of the Southwest Quarter of the Southwest Quarter of Section 17,Township 31, Range 22,Anoka County, Minnesota (also being part of Lot 2,Auditor's Subd. No. 54)described as follows: Commencing at the intersection of the south line of the North 300.00 feet of said Southwest Quarter of the Southwest Quarter and the westerly right-of-way line of Lake Drive (the westerly right-of-way line of Lake Drive is 40.00 feet west of the centerline of Lake Drive);Thence on an assumed bearing of South 25 degrees 20 minutes 49 seconds West along said right-of-way line 127.34 feet;thence North 64 degrees 39 minutes 11 seconds West 272.63 feet to the point of beginning of the land to be described;thence North 25 degrees 20 minutes 49 seconds East 160.00 feet;thence North 08 degrees 23 minutes 05 seconds East 156.57 feet to the north line of said southwest Quarter of the Southwest Quarter; (also being the north line of said Lot 2);thence North 89 degrees 41 minutes 22 seconds West along said North line 538.57 feet to the northwest corner of said Southwest Quarter if the Southwest Quarter(also being the northwest corner of said Lot 2);thence South 00 degrees 00 minutes 23 seconds East along the west line thereof 300.00 feet to the Southwest corner of the north 300.00 feet Legal Description Independent School District No. 12 Centennial Middle School 3 of said Southwest Quarter of the Southwest Quarter;thence South 89 degrees 41 minutes 22 seconds East along the south line thereof 446.79 feet to the point of beginning. Subject to easement or restrictions. END Legal Description Independent School District No. 12 Centennial Middle School 4