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HomeMy WebLinkAbout2009-090 Council Resolution Council Member Reinert introduced the following resolutionand moved its adoption: 40 CITY OF LINO LAKES RESOLUTION NO. 09-90 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NORTH SPRINGS CHURCH AT 7868 LAKE DRIVE WHEREAS, the City has received an application for a conditional use permit for a church at 7898 Lake Drive; and WHEREAS, the subject property currently is zoned GB General Business; and WHEREAS, as amended by Ordinance No. 04-09, the zoning ordinance allows public, educational, and religious buildings as conditional uses in the Limited and General Business zones; and WHEREAS,the legal description of the property is: (see ATTACHMENT A) and • WHEREAS, at their meeting on September 9, 2009 the Planning & Zoning Board held a public hearing and recommended approval subject to conditions; and WHEREAS, Section 2, Subd. 2.13.11. of the zoning code states that"A conditional use specified in the permit expires if, for any reason,the authorized use ceases for more than one (1) year" and the VFW has ceased operating for more than one year. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves a conditional use permit for a church on the site, and; BE IT FURTHER RESOLVED that the conditional use permit for a private club, approved with Resolution No. 04-18, is hereby recognized as expired. BE IT FURTHER RESOLVED that the variances for reduced setbacks from Lake Drive for the building(34') and the parking lot(5.5'), approved with Resolution No. 04-18, continue to apply and are hereby reconfirmed. BE IT FURTHER RESOLVED that the following conditions shall apply to the conditional use permit for a church on the site: 1. Issues listed in the August 31, 2009 memo by the City Engineer must be resolved to his satisfaction. 2. All necessary permits shall be obtained by the applicant from Anoka County for work in the Lake Drive (CSAH 23) right of way. 3. The church shall enter into a site performance agreement for exterior work on the site prior to commencing the work on the site. This shall include financial securities according to current City requirements. 4. Parking lot lighting must be completed as shown on submitted plan and fixture cut sheets. A pedestal for a light installed near the Lake Drive driveway is not included on the lighting plan and does not meet required setback from a right of way. It must be removed. 5. Parking lot and sign lighting shall comply with the hours of operation for commercial businesses as regulated by the zoning code. 6. The installed flagpole lighting shall be removed. 7. Signage is governed by the City's sign ordinance and permits are required for all signs. The location of any ground sign must be identified on a plan. 8. If parking or traffic generation create safety problems in the future,the City may revisit the CUP and consider adding additional conditions to resolve such issues such as traffic control personnel or other measures. The City may call a review meeting of representatives from law enforcement officers, the church, and the neighborhood to review traffic issues and ascertain the need for providing traffic control or other reasonable measures, which the church shall provide. This condition is in lieu of requiring a traffic study for the church use. 9. The parking, landscaping, and any other exterior work shall be completed in accordance with the plans. 10. Final site grading and erosion control must be completed in accordance with the approved plans. This includes removal of the old building foundation/slab, re- shooting elevations, grading the rest of the south end of the site and the county roadway ditch to the design criteria, and finishing grading of the rest of the site. 11. The south parking lot curbing and drainage improvements must be completed according to plans. 12. The south parking lot sub-base and first lift of asphalt must be completed according to plans. 13. In the area of the existing access to the back yard of the property to the east, any alterations necessary to ensure proper drainage and other compliance with plans must be made as directed by the City Engineer. 14. The final lift of asphalt must be completed over the entire site according to plans. Resolution 09-90, page 2 15. Topsoil, landscaping, and seeding of all disturbed areas must be completed according to plans. 16. The height of any plantings near the driveway must not interfere with sight lines when fully grown. 17. The City native seed schedule shall be used in infiltration and ponding areas. 18. The gate must be installed on the trash enclosure. 19. A noise fence shall be constructed around the HVAC equipment on the east side of the building in accordance with the plan for the fence approved by the City. 20. All permits and approvals required to comply with life safety requirements such as the building and fire codes must be obtained. 21. If a trail easement is deeded to the City along the 5+' between the Lake Drive right of way and the parking curb, the plantings shown there on the landscaping plan need not be installed. 22. Plantings shown on the landscaping plan along the west wall of the building can be omitted. • 23. Prior to issuance of any certificate of occupancy for the building, the following shall be completed: curb and gutter and base course of asphalt in all parking lots; grading shall be in general conformance with the grading plan to adequately address runoff; and life safety items in the building shall be installed. 24. With the base course of asphalt, ramps shall be constructed for handicapped access over the curb and gutter, and handicapped signs shall be installed, temporarily if necessary, prior to issuance of any certificate of occupancy for the building. 25. The review and approval of the conditional use permit is based on the following submittals, received August 10, 2009 unless otherwise noted: 1. Site Plan, DSGW 2. Site Survey, DSGW 3. Photometric Lighting Analysis, Engineering Design Initiative 4. Floor Plan, DSGW 5. Exterior Elevations, DSGW 6. Landscape Plan, DSGW 7. Landscape Details, DSGW 8. Grading Plan, Metro Land Surveying &Engineering 9. Utility Plan, Metro Land Surveying& Engineering, 10. Memo from Michael J. Thomas, DSGW 11. Main Floor Plan, (revised with seating) The Dennis Batty &Associates Group, received August 24, 2009 Resolution 09-90,page 3 12. Mechanical Equipment Fence Plan, The Dennis Batty &Associates Group, received October 1, 2009, attached to fence permit application received October 2, 2009. 13. Cost estimates and work plan, Lent Construction, received October 1, 2009 14. Letter to Jeff Smyser from Dennis Batty, dated October 5, received October 6, 2009. Adopted by the Lino Lakes City Council this 26t" day of October, 2009. John . BerAnrMayor ATTEST: Julie a Bartell, Ci y Cler The motion for the adoption of the foregoing resolution was duly seconded by Council Member (;all��and upon vote being taken thereon,the following voted in favor thereof: Reinert, Gallup, O'Donnell, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. Resolution 09-90, page 4 ATTACHMENT A City of Lino Lakes Resolution 09-90 Property Description of 7898 Lake Drive Lot 7, Auditors Subdivision No. 100 THAT PRT OF LOT 7 AUD SUB NO 100 LYG SLY OF FOL DESC LINE: BEG AT A PT ON ELY LINE OF SD LOT 20 FT NLY FROM SELY COR OF SD LOT, TH NWLY TO A PT ON WLY LINE THEREOF 150 FT NELY FROM SWLY COR OF SD LOT& SD LINE THERE TERM, TOG/W LOT 8 SD AUD SUB NO 100, ALSO TOG/W THAT PRT OF LOT 9 SD AUD SUB NO 100 DESC AS FOL: BEG AT A PT ON S LINE OF SD LOT 9 234 FT WLY OF SE COR OF SD LOT 9, TH N TO A PT ON N LINE OF SD LOT 9 200 FT WLY OF NE COR OF SD LOT 9, TH WLY ALG SD N LINE TO ELY R/W LINE OF CSAH NO 23, TH SWLY ALG SD R/W LINE TO S LINE OF SD LOT 9, TH ELY ALG SD S LINE TO POB, TOG/W WLY 10 FT OF NLY134.31 FT OF THAT PRT OF SD LOT 9 DESC AS FOL: BEG AT A PT ON SLY LINE OF SD LOT 9 120 FT WLY OF SE COR THEREOF TH WLY ALG SD SLY LINE 114 FT, TH NLY TO A PT ON NLY LINE OF SD LOT 9 200 FT WLY OF . NECOR THEREOF, TH ELY ALG SD N LINE 90 FT, TH SLY TO POB, EX RD, SUBJ TO EASE OF REC Resolution 09-90, page 5 North Springs Church CUP page 11 SITE LOCATION ' I AUD SUB NO 738 77 MAIN S Q ��5 .IiIGHLR7dD MEAA,OW e" ffre WEST i 3 R HAILEY and r'uleacJCN;S-( i , "�. Fr; a>, MANOF. N AI°t AM Vc' PaN V" �. CAEGId>= -c- _ �. �, SITE °wM "ui,.�hjLi -%� -j� ' EAST. L, \ h 2ND ADD; no CIC NO 73 N/GNL•AND DEAD K Qgig F ,N RE,S 04,� \ low U 7 S °D SUB NO 731 0% i �►� 6 �iN' C` Et tl x GE d ARK ova° r IL IV, . 1 LINO LAKES CAUMEJRCIALI I VVNO = 3 ((( 7 V /�� �J TH.NO�L;AGENO I George r C� I I I North Springs Church CUP page 12 i LAND USE 2002 LINO LAKES COMPREHENSIVE PLAN LDSR ! ;.` LDSR LDSR LDSR LDSR LDSR I i i i LDSR LDSR i _ s ! _- M[}R /' MDR ��� l MDR LDUR LDUR 6"4MDRI MDR -~ R i ROW MDR ROW PSP PSP PSP MDR _= 5 — -- -. LDUR LDUR MDR f LDUR LDUR I North Springs Church CUP page 13 ZONING i R-1 r _X R-1 RURAL . AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: October 26, 2009 TOPIC: Resolution No. 09-90: Conditional Use Permit for a Church at 7868 Lake Drive VOTE: 3/5 BACKGROUND We received an application for a conditional use permit for a church on the site of the former VFW, which constructed the building in 2004. The site has a conditional use permit(CUP) for a private club, but a different CUP is needed for a church. The VFW approval in 2004 included the building and site improvements. Many of the required improvements were not completed. These were re-examined to determine what should be done as conditions of the church CUP. The plans that were submitted for the new church CUP application are the same plans approved for the VFW in 2004 except for the main floor plan, which has been updated for the church use. ANALYSIS Land Use and Zoning Existing Existing Location Land Use Guided Land Use Zonin Site vacant VFW Commercial General building draft 2030 plan: Commercial Business North residential Commercial General draft 2030 plan: Commercial Business South auto garage, Public/Semi Public General retail draft 2030 plan: Commercial Business East residential Commercial and General Low Density Unsewered Residential Business draft 2030 plan: Commercial and Low and Rural- Density Residential Executive West residential Low&Med. Density Sewered Resid. R-1 & R-2 draft 2030 plan: Low and Medium Density Residential North Springs Church CUP page 2 On August 10, the City Council approved Ordinance No. 04-09, an amendment to the • zoning ordinance that allows public, educational, and religious buildings as conditional uses in the Limited and General Business zones. This ordinance amendment became effective on September 17, 2009. The church proposes to move into the existing building. The plans compare with the General Business zoning standards as shown in the table below. Required Existing Building Lot size minimum 20,000 sf 2.03 acres (not incl. street right of way) Lot width minimum 100, 220' Setbacks: buildings from arterial 40' 34' from local street 30' 80' rear lot line 30' 200+' side lot line 10, 20' parking from street 15' 5.5' rear lot line 10, 25' side lot line 10, 10, Bldg. height 45' 22' Impervious max. 75% 69% * variances for building and parking setbacks granted in 2004 SITE PLAN AND CONDITIONAL USE PERMIT Building: The existing building reflects the design elements of the City Hall, Community State Bank, and other buildings along Lake Drive. These include a peaked, green metal roof, masonry walls, and earthtone colors. The average height of the pitched roof is 22 ft. This is the technical building height, according to the definition in the zoning ordinance. (The roof peak is approximately 30 ft. high.) The building footprint is approximately 11,500 sf. The trash enclosure on the east side of the building was constructed of materials to match the principal building. The gates were not installed and this must be done. The building is set back 80' from Lois Lane. The parking is set back 15'. Since the Lois Lane side is the shorter side fronting on a road, it is considered the front for measuring setbacks. This makes the east the side lot line, where the setbacks of 10' and 20' comply with the requirement. The following discussion recounts variances granted in 2004 for setbacks from Lake Drive. Setback Variances Granted Previously: Future right of way width recommended for this arterial is 120' total (60' on each side of the centerline). The Lake Drive right of way North Springs Church CUP page 3 was not of consistent width along the entire property. The VFW dedicated additional right of way to provide for future needs and make the right of way consistent. (An additional 10 feet of width was obtained when land on the west side of the road and south of 79t' Street subdivided as the Crystal Cove plat.) The extra right of way squeezed the site a little. In order to fit the proposed building and parking drive, the VFW requested a setback variance. The required setback from an arterial roadway (Lake Drive, CSAH 23) is 40'. The building would be approximately 34' from the new property line. The parking drive would be about 5' from the line instead of the required 15'. Since the full right of way would be in place, it eliminated concern about additional roadway needs, the public costs of condemning land, and possibly demolishing buildings or other facilities. The building is six feet closer than normally required and the parking drive is 9.5' closer than normally required. Another issue here was the 5'+ of land for landscaping between the parking curb and the right of way. It is difficult to provide extensive landscaping and screening in this strip. However,there is little screening along Lake Drive in this commercial area and the project significantly improved the appearance of the site, including landscaping. The setback variances were granted along with the VFW project approval (Resol. 04-18). These variances continue with the site and building. Lighting: Plans show fixtures in the parking lot on six poles. In the northern parking area, three have two fixtures each and have been installed. One single fixture is to be near the Lois Lane driveway, and two others in the southern parking area. The one near the Lois Lane driveway location has been installed, even though the driveway and parking have not. However, it is crooked and must be repaired. Another pedestal for a light was installed near the Lake Drive driveway but was not included on the lighting plan. It did not meet the required setback from the right of way and must be removed. The submitted photometric plan indicates that lighting meets city standards: no more than 0.4 foot candles at the residential property line to the east, and no more than 1.0 at street right of way lines. The exterior building lighting is included. The submitted fixture cut sheets show 90 degree cut off fixtures in compliance with city requirements. The lighting under the north and south entry canopies is completely recessed. Oddly, the fixtures shown on building elevations and installed on the exterior walls do not match those on the lighting plan in type or number. This did not result in a significant discrepancy, and the existing lights are acceptable. Three flagpoles were shown on plans and were installed. However, no lighting for the flags was included on the lighting or any other plan. One large lamp was installed to shine up on the flag, and poles for two more are present. Since these lamps were not included in the original approved plans, they should not be there. The additional lights raise questions about glare for motorists and effects of skyward lighting on nearby residents. If the church wants these lamps, it must submit a photometric analysis to ensure city standards are met. Even if the standards are met, landscaping around the lights should be installed. If the lamps don't meet city requirements, the existing one North Springs Church CUP page 4 • must be removed and the wiring for all safely addressed. A letter dated October 5 from the church's representative states that the flagpole lighting will be removed. Parking lot lighting is regulated by the zoning code. The use of outdoor lighting for parking lots serving commercial and industrial businesses shall be turned off one hour after closing, except for approved security lighting. This should apply to the church as well, as it is in a General Business zone. Landscaping, Screening: As shown on the landscape plan, a variety of trees, shrubs and ornamental plantings are proposed on site. A new six-foot, cedar privacy fence continued the segment of existing fence and extends along the property lines on the east and north. Only the street side is not fenced. While it may be desirable to have tall screening along the streets, visibility and sight lines is more important. On this site, tall plantings along the roads would create safety issues. The proposed plantings at 4' high are adequate. In addition, if the suggested trail easement is created along Lake Drive, no plantings should be installed there. Native plantings were seeded in the large ponds on the north. The native vegetation is growing. Some clearing of undesirable plants should occur under the guidance of the City Environmental Specialist. When the infiltration pond is created at the southwest corner, the City seed schedule could be considered there, though the plan lists sod. One of the general criteria for all conditional use permits is that the use "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." Though the fencing meets normal screening requirements, after the VFW opened the new heating and ventilation and kitchen fan equipment caused undesirable noise and odor impacts on the neighboring residential lot to the east. This was not foreseen, but it is known now and additional screening and/or other measures should be included to address this problem. The church will construct a noise wall 9 feet high around the equipment. The design for this wall has been reviewed and approved by one of the City's building inspectors. This should result in a significant reduction in noise. Staff recommends two revisions to the landscaping plan. The plantings along the building will be battered by water dripping off the roof and likely won't flourish well. These can be omitted. Secondly, if the church prefers to dedicate a trail easement along Lake Drive (discussed below), grass can replace the shrubs and flowers there on the plan. Utilities: The site is within the MUSA and is connected to municipal water and sanitary sewer service. The old well and septic system locations are covered by the new building. As a condition of plan approval, utility related actions and comments in the City Engineer's memo must be addressed. Stormwater management: Larger ponding areas on the north and northeast portions of the site have been constructed, but are not completely finished and some repair and maintenance are necessary. A small depression for collecting some runoff and allowing North Springs Church CUP page 5 infiltration is to be created in the southwest corner. The south side of the site has had little work done other than razing of the old building. Much work remains in this area. Drainage and utility easements were created over all ponds. The deed granting such easements was recorded. There also is a stormwater facility maintenance agreement that has been recorded. As a condition of approval, the necessary grading and drainage related modifications and comments must be addressed. State law requires that there must be at least 50' separation between a well and a stormwater pond. This was considered when the original project review. The three residential properties to the east have wells, as does the property abutting the site on the north. The submitted plans show these wells are more than 50' from the ponds. Access, Circulation, Parking: Right Of Way As explained above under"variance", the VFW dedicated additional land to create an even right of way line, a consistent 60' from the centerline. Access, Circulation Access to the site was not well defined before the building was constructed and the site improved. Neither Lake Drive nor Lois Lane have curbs. Access occurred along the property line, but not necessarily at defined driveways. Lake Drive is an arterial, and long term plans include a median. This will restrict access to many properties, as it will eliminate left turns in and out of many driveways. The plans include two driveways, one each on Lake Drive and Lois Lane. The Lake Drive driveway was constructed to roughly align with 79`h St. A full access through a future Lake Drive median may have better probability if the driveway aligns with a public road, though this is not assured. A stop sign for vehicles exiting the parking lot onto Lake Drive was installed as required. The Lois Lane driveway is designed as far back from the Lake Drive intersection as possible while still providing the minimum 10' setback from the side property line. The plan proposes two distinct parking areas. In the northern area, the drive lane that parallels Lake Drive has the potential to connect with a parking area on property to the north when it develops. This will serve as a de facto frontage road. With the likelihood of a median in Lake Drive, access for both sites will be better if they can use one another's driveway. It increases the number of Lake Drive driveways available for each site from one to two, while only building one on each site. This require a cross access easement for both sites. An easement across the VFW/church site (7868 Lake Drive) was recorded. The City needs to ensure a like easement across the abutting property (7910 Lake Drive) when it develops. The northern parking area was largely completed, though the final wear course of asphalt • was not installed. Unfortunately, because all the site work was not completed and the site has not been maintained, several spots have washed away under corners of the paved areas. This has created a potentially dangerous situation. These must be repaired and the work completed as part of the church project. 1 North Springs Church CUP page 6 . On the south and west parts of the site, the parking lot was not constructed. In fact,the foundation of the old building has not been removed. This area must be finished according to the plans. The VFW had an agreement with the neighbor on the east side to allow access through the site to allow the neighbor to get his recreational vehicles in and out of his back yard. There is an unpaved driveway and curb cut from the parking lot to the neighbor's rear yard, and a gate in his fence. This arrangement is a private agreement between the two property owners. The City has no objection to this arrangement, but it is possible that some revision will be needed to ensure proper drainage. Trail As described previously, there is only about 5' between the parking lane curb and the right of way on Lake Drive. This is a small area for landscaping to grow. The City's trail plan includes a trail corridor along the full length of Lake Drive. This strip might best be used as part of the corridor. If the church is agreeable, a deed for a trail easement would serve as a piece of this trail corridor. This strip the could be grass rather than the plantings shown on the landscaping plan. This would avoid the waste of landscaping when the trail is constructed. Parking For churches,the zoning code requires one parking space for each three seats based on the design capacity of the main assembly hall. Facilities provided in conjunction with the church use shall be subject to additional requirements which are imposed by this Ordinance. That is, classrooms and offices require additional parking. A school would require one stall per classroom and this has been applied to other churches. An office building requires one stall for every 200 sf of office space. However, three of the four offices are less than 200 sf each. If one employee is in each office, that would be four employees. Some parking could occur on 79t' St. However, off-street parking must be provided according to the zoning code requirements. A submitted seating plan shows 242 seats in the assembly area. Assuming this is the seating capacity,the following would apply, and the parking on the site is adequate. Zoning Ord. Req. Required Stalls Provided one stall for each three seats in main plans show seating for 242 81 assembly hall employees (offices) 4 4 classrooms 4 4 total 89 90 If parking or traffic generation create problems in the future, the City may revisit the CUP and consider adding additional conditions to resolve such issues. This could include traffic control personnel. If needed, the Chief of Police may call a review meeting of representatives from law enforcement officers,the church, and the neighborhood to review traffic issues and ascertain the need for providing traffic control. This provision has been applied when another church was built in Lino Lakes. North Springs Church CUP page 7 Signage: Signage is governed by the City's sign ordinance and permits are required for all signs. An application for a sign permit for a ground sign has been submitted by the church. The sign location is identified on a plan. Any wall sign on the exterior of the building will require a permit. All signs will be reviewed with sign permit applications. Conditional Use Permit There are general criteria for all CUPs and specific conditions that apply to public, educational and religious buildings. General Criteria: The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: Land Use Plan, Transportation Plan, Utility(Sewer and Water) Plans, Local Water Management Plan, Capital Improvement Plan, Policy Plan,Natural Environment Plan. • The site is guided and zoned for commercial development, with the • infrastructure in place for activity of such intensity. The site was approved for a use that included large numbers of people assembling in the building. The use as a church will not create incompatibilities as long as the church complies with the performance standards and conditions of approval. b. The proposed development application is compatible with present and future land uses of the area. • The site has been guided and zoned for commercial activity. The use as a church will not create incompatibilities as long as the use complies with the performance standards and conditions of approval. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • If the conditions of approval are followed, performance standards will be met. d. Traffic generated by a proposed development application is within the capabilities of the City when(specific levels of service listed in the ordinance are met): • The traffic generated by a church in the building will be more than a vacant building, somewhat greater than that of the old, smaller VFW, and comparable to the new VFW in the new building. It not expected to create ongoing traffic problems. The Apollo Drive, Marketplace Drive, and Main St. intersections . with Lake Drive are signalized intersections,though the Main street signal functions as a stop sign. If, in the future,traffic becomes an issue, the City can revisit the CUP and consider adding additional conditions such as traffic control personnel for large events. North Springs Church CUP page 8 e. The proposed development shall be served with adequate and safe water supply. f. The proposed development shall be served with an adequate and safe sanitary sewer system. • The building is connected to city water and 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. • There will be no city capital expenditures for this project. h. 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 use of the site will not create detrimental impacts as long as the use complies with the performance standards and conditions of approval, including addressing noise impacts on the neighboring property. i. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • No such features exist on the site. . Specific CUP Conditions: Public, educational and religious buildings are allowed as conditional uses in the GB zone provided that: a. Screening from residential uses and landscaping is provided in compliance with requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance. • The fence that was constructed and the landscaping provides screening that meets most requirements. A possible exception is the flagpole lighting area. This will resolved as a condition of approval. b. Adequate off-street parking and access is provided on the site or on lots directly abutting directly across a public street or alley to the principal use in compliance with Section 3, Subd. 5. of this Ordinance • As submitted,the site plans will accommodate parking needs. If parking or traffic generation create problems in the future, the City may revisit the CUP and consider adding additional conditions to resolve such issues. c. Parking is screened and landscaped in compliance with requirements for business or industrial uses in Section 3, Subd. 4.Q of this Ordinance. • The fence that was constructed and the landscaping provides screening that meets • most requirements. A possible exception is the flagpole lighting area. This will resolved as a condition of approval. North Springs Church CUP page 9 • d. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. • No formal loading berth is needed for this project. Any receipt or distribution of materials or merchandise can be accommodated in the off-street parking areas. Expiration of Old CUP: The zoning ordinance states that a CUP expires if the use ceases for more than one year. The VFW has been out of business longer than that. An official action is preferable to recognize that the private club CUP on the site has expired. However, the setback variances for the building and the parking lane should continue to apply since the building has been constructed and the parking lot should be completed according to the plan. These stipulations are included in Resolution 09-90. PLANNING & ZONING BOARD At their meeting on September 9, 2009 the Planning & Zoning Board held a public hearing and recommended approval subject to conditions. OPTIONS 1. Approve Resolution No. 09-90, approving a conditional use permit for a church on the site, with the conditions listed in the resolution. 2. Return to staff with direction. RECOMMENDATION Option 1 • RECOMMENDATIONS FROM THE ENVIRONMENTAL BOARD 8/26/09 VFW Site — CUP — North Springs Church The Environmental Board recommends this project go forward with the following changes/additions that have been outlined below. 1. Plant a shade tree on the grassy island on north side of parking lot and irrigate or provide a means to water if possible. 2. Provide maintenance agreement for infiltration BMP areas and include annual cleaning of curb drop spillway areas as well as woody vegetation control 3. A salt tolerant sod or seed should be specified in the plant list for seeded or sodded areas. 4. Curb-drop areas on the NE corner and North of the site are undermined and must be repaired. 5. No soil should be imported or exported from the site without City staff approval 6. An erosion control plan should be submitted. A site for erosion control plan/SWPPP access and erosion inspection logs should be shown on the site plan. 7. A concrete washout area must be shown on the map 8. If the flag pole is to remain in the plan, than additional large growing shade trees should be added in the plan to screen residents to the east and the south. 9. If City proposed trail is not installed along Lake Drive, add landscaping materials that would not interfere with visibility. 10.Surface water grading should accommodate keeping the water on the site, particularly along the Noren property. On the North side of this property the driveway access should be lowered or a culvert installed to allow for the movement of water. 11.Insure that there are no RCWD surface water requirements remaining. 12.Signage lighting should meet city ordinance requirements and minimize reflection. 13.Clean debris on north side infiltration area and swale areas of the site Record ID 2258584 C ! T � =•' OF LI KE CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 09-90 STATE OF NIINNESOTA) COUNTY OF ANOKA) SS 2011220 . 013 CITY OF LINO LAKES) I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 09-90, approving a Conditional Use Permit for North Springs Church at 7868 Lake Drive, approved by the Lino Lakes City Council on October 26, 2009, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on November 2, 2009. U. City lent 600 Town Center Parkway, Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 Council Member Reinert introduced the following resolutionand moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 09-90 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NORTH SPRINGS CHURCH AT 7868 LAKE DRIVE WHEREAS, the City has received an application for a conditional use permit for a church at 7898 Lake Drive; and WHEREAS, the subject property currently is zoned GB General Business; and WHEREAS, as amended by Ordinance No. 04-09,the zoning ordinance allows public, educational, and religious buildings as conditional uses in the Limited and General Business zones; and WHEREAS,the legal description of the property is: (see ATTACHMENT A) and WHEREAS, at their meeting on September 9, 2009 the Planning &Zoning Board held a public hearing and recommended approval subject to conditions; and WHEREAS, Section 2, Subd. 2.B.11. of the zoning code states that"A conditional use specified in the permit expires if, for any reason,the authorized use ceases for more than one (1)year" and the VFW has ceased operating for more than one year. NOW, THEREFORE,BE IT RESOLVED that the Lino Lakes City Council hereby approves a conditional use permit for a church on the site, and; BE IT FURTHER RESOLVED that the conditional use permit for a private club, approved with Resolution No. 04-18, is hereby recognized as expired. BE IT FURTHER RESOLVED that the variances for reduced setbacks from Lake Drive for the building(34') and the parking lot(5.5'), approved with Resolution No. 04-18, continue to apply and are hereby reconfirmed. BE IT FURTHER RESOLVED that the following conditions shall apply to the conditional use permit for a church on the site: 1. Issues listed in the August 31, 2009 memo by the City Engineer must be resolved to his satisfaction. 2. All necessary permits shall be obtained by the applicant from Anoka County for work in the Lake Drive(CSAH 23)right of way. 3. The church shall enter into a site performance agreement for exterior work on the site prior to commencing the work on the site. This shall include financial securities according to current City requirements. 4. Parking lot lighting must be completed as shown on submitted plan and fixture cut sheets. A pedestal for a light installed near the Lake Drive driveway is not included on the lighting plan and does not meet required setback from a right of way. It must be removed. 5. Parking lot and sign lighting shall comply with the hours of operation for commercial businesses as regulated by the zoning code. 6. The installed flagpole lighting shall be removed. 7. Signage is governed by the City's sign ordinance and permits are required for all signs. The location of any ground sign must be identified on a plan. 8. If parking or traffic generation create safety problems in the future,the City may revisit the CUP and consider adding additional conditions to resolve such issues such as traffic control personnel or other measures. The City may call a review meeting of representatives from law enforcement officers,the church, and the neighborhood to review traffic issues and ascertain the need for providing traffic control or other reasonable measures, which the church shall provide. This condition is in lieu of requiring a traffic study for the church use. 9. The parking, landscaping, and any other exterior work shall be completed in accordance with the plans. 10. Final site grading and erosion control must be completed in accordance with the approved plans. This includes removal of the old building foundation/slab,re- shooting elevations, grading the rest of the south end of the site and the county roadway ditch to the design criteria, and finishing grading of the rest of the site. 11. The south parking lot curbing and drainage improvements must be completed according to plans. 12. The south parking lot sub-base and first lift of asphalt must be completed according to plans. 13. In the area of the existing access to the back yard of the property to the east, any alterations necessary to ensure proper drainage and other compliance with plans must be made as directed by the City Engineer. 14. The final lift of asphalt must be completed over the entire site according to plans. Resolution 09-90, page 2 15. Topsoil, landscaping, and seeding of 0 disturbed areas must be completed according to plans. 16. The height of any plantings near the driveway must not interfere with sight lines when fully grown. 17. The City native seed schedule shall be used in infiltration and ponding areas. 18. The gate must be installed on the trash enclosure. 19. A noise fence shall be constructed around the HVAC equipment on the east side of the building in accordance with the plan for the fence approved by the City. 20. All permits and approvals required to comply with life safety requirements such as the building and fire codes must be obtained. 21. If a trail easement is deeded to the City along the 5+' between the Lake Drive right of way and the parking curb,the plantings shown there on the landscaping plan need not be installed. 22. Plantings shown on the landscaping plan along the west wall of the building can be omitted 23. Prior to issuance of any certificate of occupancy for the building,the following shall be completed: curb and gutter and base course of asphalt in all parking lots; grading shall be in general conformance with the grading plan to adequately address runoff; and life safety items in the building shall be installed. 24. With the base course of asphalt,ramps shall be constructed for handicapped access over the curb and gutter, and handicapped signs shall be installed, temporarily if necessary,prior to issuance of any certificate of occupancy for the building. 25. The review and approval of the conditional use permit is based on the following submittals, received August 10, 2009 unless otherwise noted: 1. Site Plan, DSGW 2. Site Survey,DSGW 3. Photometric Lighting Analysis,Engineering Design Initiative 4. Floor Plan,DSGW 5. Exterior Elevations,DSGW 6. Landscape Plan,DSGW 7. Landscape Details,DSGW 8. Grading Plan,Metro Land Surveying &Engineering 9. Utility Plan,Metro Land Surveying&Engineering, 10. Memo from Michael J. Thomas, DSGW 11. Main Floor Plan, (revised with seating)The Dennis Batty&Associates Group, received August 24, 2009 Resolution 09-90, page 3 12. Mechanical Equipment Fence Plan, The Dennis Batty &Associates Group, received October 1,2009, attached to fence permit application received October 2, 2009. 13. Cost estimates and work plan, Lent Construction,received October 1, 2009 14. Letter to Jeff Smyser from Dennis Batty, dated October 5, received October 6, 2009. Adopted by the Lino Lakes City Council this 26'�' day of October, 2009. John . Ber son, Mayor ATTEST: J ne Bartell, Ci Cler The motion for the adoption of the foregoing resolution was duly seconded by Council Member ��j p _and upon vote being taken thereon,the following voted in favor thereof: Reinert, Gallup, O'Donnell, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. Resolution 09-90, page 4 ATTACHMENT A City of Lino Lakes Resolution 09-90 Property Description of 7898 Lake Drive Lot 7,Auditors Subdivision No. 100 THAT PRT OF LOT 7 AUD SUB NO 100 LYG SLY OF FOL DESC LINE: BEG AT A PT ON ELY LINE OF SD LOT 20 FT NLY FROM SELY COR OF SD LOT, TH NWLY TO A PT ON WLY LINE THEREOF 150 FT NELY FROM SWLY COR OF SD LOT& SD LINE THERE TERM, TOG/W LOT 8 SD AUD SUB NO 100, ALSO TOG/W THAT PRT OF LOT 9 SD AUD SUB NO 100 DESC AS FOL: BEG AT A PT ON S LINE OF SD LOT 9 234 FT WLY OF SE COR OF SD LOT 9, TH N TO A PT ON N LINE OF SD LOT 9 200 FT WLY OF NE COR OF SD LOT 9, TH WLY ALG SD N LINE TO ELY RIW LINE OF CSAH NO 23, TH SWLY ALG SD R/W LINE TO S LINE OF SD LOT 9, TH ELY ALG SD S LINE TO POB, TOG/W WLY 10 FT OF NLY134.31 FT OF THAT PRT OF SD LOT 9 DESC AS FOL: BEG AT A PT ON SLY LINE OF SD LOT 9 120 FT WLY OF SE COR THEREOF TH WLY ALG SD SLY LINE 114 FT, TH NLY TO A PT ON NLY LINE OF SD LOT 9 200 FT WLY OF NECOR THEREOF, TH ELY ALG SD N LINE 90 FT,TH SLY TO POB, EX RD, SUBJ TO EASE OF REC Resolution 09-90, page 5 12. Mechanical Equipment Fence Plan, The Dennis Batty&Associates Group, received October 1,2009, attached to fence permit application received October 2, 2009. 13. Cost estimates and work plan, Lent Construction,received October 1, 2009 14. Letter to Jeff Smyser from Dennis Batty, dated October 5, received October 6, 2009. Adopted by the Lino Lakes City Council this 26t' day of October, 2009. 04 John . Berson, Mayor ATTEST: Juli� e Bartell, Ciy Cler The motion for the adoption of the foregoing resolution was duly seconded by Council Member � �l �and upon vote being taken thereon,the following voted in favor thereof: Reinert, Gallup, O'Donnell, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. Resolution 09-90, page 4 A_NOKACOLATY .MINNESOYA Document No.: 2011220.013 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 11/04/2009 12:37:00 PM Fees/Taxes In the Amount of: $46.00 MAUREEN J. DEVINE Anoka County Property Tax Administrator;Recorder,Registrar of Titles SRA, Deputy Record ID: 2258584