HomeMy WebLinkAbout25-047 - Resoution - Amending Resolution 24-143 - CUP JavaCft"61241NOITTIRV
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RESOLUTION AMENDING RESOLUTION NO. 24-143 LEGAL DESCRIPTION FOR
CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR -MINOR
(LOT 1, BLOCK 2, JAVA LINO LAKES)
WHEREAS, on November 12, 2024, the City Council approved Resolution No. 24-143 for
a conditional use permit for automobile repair -minor related to preliminary plat Lot 1, Block 2,
Lino Retail 2.0 ("Development"); and
WHEREAS, the final plat changed the name from Lino Retail 2.0 to Java Lino Lakes; and
WHEREAS, the legal description of the property is amended to Lot 1, Block 2, Java Lino
Lakes upon filing of the final plat; and
WHEREAS, the following conditions of Resolution No. 24-143 still apply; and
WHEREAS, the property will be zoned GB, General Business with the adoption of
Ordinance No. 17-24 and allows for automobile repair -major and minor with an approved
conditional use permit; and
WHEREAS, City staff has completed a review of the land use application based on the
following plans:
• Narrative prepared by Java Companies received September 9, 2024
• Preliminary Plat prepared by Design Tree dated September 9, 2024
• Civil Plan Set prepared by Design Tree dated September 4, 2024
• Landscape Plan prepared by Plan -Type dated August 2, 2024
• Architectural Plans prepared by Lampert Architects dated September 6, 2024
• Final Stormwater Management Study prepared by Design Tree dated July 16, 2024
• Geotech Sketch and Logs prepared by Braun Intertec dated August 27, 2024
• Traffic Impact Study prepared by Alliant dated September 23, 2024; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on October 9,
2024 and the Board recommended approval of a conditional use permit for automobile repair -
minor with a 5-0.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that:
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 § 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 automobile repair -minor 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 automobile repair -minor 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 automobile repair -minor is consistent with commercial land use.
(b) The proposed development application is compatible with present and future land
uses of the area.
The proposed automobile repair -minor is compatible with present and future land uses of the
area.
(c) The proposed development application conforms to performance standards herein
and other applicable City Codes.
The proposed automobile repair -minor conforms to City Code performance standards with
minor revisions as noted in the Council staff report.
(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 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 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 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 automobile repair -minor meets Level of Service (LOS) requirements. is within the
capabilities of the City. The existing roads and intersections providing access to the proposed
development have the structural capacity to accommodate projected traffic from the proposed
development. The traffic generated from a proposed development does not require City street
improvements that are inconsistent with the Lino Lakes Capital Improvement Plan.
(e) The proposed development shall be served with adequate and safe water supply.
The proposed automobile repair -minor will have an adequate and safe water supply.
(f) The proposed development shall be served with an adequate or safe sanitary sewer
system.
The proposed automobile repair -minor will be served with on adequate waste disposal system.
(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 automobile repair- minor 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 automobile repair -minor will have fire prevention and fighting equipment readily
available.
BE IT FURTHER RESOLVED the following specific performance standards of City Code
Section 1007.132(8) have also been met:
(a) Automobile repair -major and minor provided that:
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 architectural appearance and functional plan of the building and site are not dissimilar to
the existing and proposed commercial buildings in the area.
2. All repair work shall be conducted within the principal building.
All repair work will be conducted within the principal building.
3. 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
particulate matter so that the use shall be in compliance with the State of Minnesota Pollution
Control Standards, Minnesota Regulation APC 1-15, as amended.
No painting or paint booths are proposed with the automobile.
4. 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 emission of odor will be in compliance with state regulations.
5. All flammable materials, including liquids and rags, shall conform with the applicable
provisions of the Minnesota Uniform Fire Code.
All flammable materials will conform with Minnesota Uniform Fire Code.
6. All outdoor storage shall be prohibited except the storage of customer vehicles waiting
for repair.
Outdoor storage is prohibited except for the storage of customer vehicles waiting for repair.
BE IT FURTHER RESOLVED the conditional use permit provided for by this resolution is
contingent on the filing of Lino Retail 2.0 final plat. Should the final plat not be filed, the
conditional use permit provided by this resolution shall be null and void.
BE IT FURTHER RESOLVED the conditional use permit shall only be for automobile
repair -minor as defined in City Code Section 1007.001(2) Definitions.
AUTOMOBILE REPAIR -MINOR. An establishment providing goods or services related to
passenger motor vehicles such as car washes; repair businesses limited to minor engine repair,
fluid changing, tire service and muffler repair; and other uses of similar character, but not
including uses defined as a major automobile business or automobile sales.
BE IT FURTHER RESOLVED the conditional use permit for automobile repair -minor is
approved subject to the following conditions:
1. Automobile repair -major is not allowed without an approved conditional use permit.
2. Customer vehicles waiting for repair shall not be parked on -site longer than 24 hours.
3. A Site Improvement Performance Agreement shall be executed.
4. A Declaration for Maintenance of Stormwater Facilities in favor of RCWD and the City
shall be recorded.
5. If installed, rooftop or ground mounted mechanical equipment shall be screened per
City Code Section 1007.043(2)(d)14.
6. Annual inspections may be conducted by the City to ensure City Code compliance.
7. A separate sign permit application shall be submitted and approved by the City prior to
any permanent, replacement, or temporary signage installation.
8. A building permit application for change of use shall be submitted for any new tenant
that occupies a multi -tenant industrial building unit.
9. Failure to comply with any of the listed conditions may result in revocation of the
conditional use permit.
BE IT FURTHER RESOLVED the following comments shall be addressed at the time of
Java Lino Lakes final plat submittal:
1. All comments from the City Engineer memo dated October 29, 2024.
2. All comments from the Environmental memo dated November 4, 2024.
3. All comments from Anoka County Transportation Division letter dated September 19,
2024.
4. All comments highlighted in red on the Site & Building Plan Review Worksheets.
5. A draft of the Shared Driveway and Parking Access Agreements and exhibits shall be
submitted.
6. Revision dates shall be included on all applicable plan sheets.
7. The lot lines on all plan sheets shall be clearly standout from other lines.
8. The building footprint square footage noted on all plan sheets, narrative, reports, etc.
shall be consistent.
9. Trash and recycling enclosure details shall be provided.
10. Mechanical equipment screening shall be provided.
11. Certificate of Survey:
a. The survey shows existing trees that do not exist. Please revise.
b. Existing wells and septic systems shall be shown for all lots.
12. Preliminary Plat:
a. The new road extension shall be labeled Marketplace Drive.
13. Sheet C102 and C103, Removals Plan (North and South):
a. The existing houses, driveways, and structures within the plat shall be shown as
removed.
14. Sheet C201, Site Plan (North):
a. Sheet shall be titled Site Plan (Overall).
b. Buildings shall be labeled Building A, Building B, and Building C consistent with
architectural plans.
c. Building footprint square footage shall be included.
d. There appear to be extra lines turned on. Please review and remove.
e. Monument sign locations shall be shown.
15. Sheet C202, Site Plan (North):
a. The Parking Information shall show how the number of parking spaces were
calculated. See information in Site Plan Worksheets.
b. Monument sign locations shall be shown.
16. Sheet C203, Site Plan (South):
a. The lot lines shall match the preliminary plat.
i. The south lot line is not correct.
b. The parking lot/driveway exit setback along Marketplace Drive shall be 15ft
c. The south lot line building setback shall be revised to 10ft.
d. A minimum 5ft wide sidewalk shall be provided along Lake Drive adjacent to Lot
1, Block 2, Lino Retail 2.0 and provide access to the lot.
e. The Parking Information shall show how the number of parking spaces were
calculated. See information in Site Plan Worksheets.
f. Monument sign locations shall be shown.
17. Sheet C302, Grading Plan (South):
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a. The building shall be labeled Building C.
18. Landscape Plan:
a. A six (6) foot high maintenance free privacy fence shall be located along the west
lot lines of all three (3) lots.
19. Page M of 1, Viking Electric Photometric Plan:
a. The plan shall use the current proposed site plan.
b. Lot lines shall be clearly shown for all lots.
c. Foot candles shall meet city code performance standards.
d. Measurements shall include any proposed drive -through boards and lighting.
20. Sheet A2, Proposed Building C Elevations:
a. The sum of West Elevation Class I materials should be 75.5%.
Adopted by the City Council of the City of Lino Lakes this y day of Npr4I
2025.
Ro fferty, Mayor
ATTEST:
Roberta Colotti, CIVIC, City Clerk
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