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HomeMy WebLinkAbout2008-017 Council ResolutionAnoka (o. <a corder 2(1y 12x:3oF • Council Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -17 APPROVING A CONDITIONAL USE PERMIT FOR A COMMERCIAL PLANNED UNIT DEVELOPMENT: DEVELOPMENT STAGE PLAN /PRELIMINARY PLAT FOR MAIN STREET VILLAGE WHEREAS, the City received an application for commercial development and platting of property as Main Street Village, and; WHEREAS, the property is described as follows: Tract A, registered land survey no. 240, Anoka County, Minnesota and • That part of the Southwest Quarter of the Northeast Quarter of Section 24, Township 31, Range 22 described as follows: Beginning at the point of intersection of the South line of County State Aid Highway 14 and the Easterly right-of—way line of Interstate No. 35E; thence East along said South line of County State Aid Highway No. 14, a distance of 200 feet; thence at a right angle South 250 feet; thence at a right angle West 298.22 feet to the easterly right of way line of Interstate Highway No. 35E; thence Northerly along said Easterly right - of -way line 275.62 feet to the point of beginning, according to the United States Government Survey thereof. and WHEREAS, Section 2, Subd. 10 of the Lino Lakes Zoning Ordinance, which regulates Planned Unit Developments (PUD), states that a non - residential conditional use permit PUD may include a variety of commercial uses, and; WHEREAS, Section 2, Subd. 2 of the Lino Lakes Zoning Ordinance regulates Conditional Use Permits (CUP), and; WHEREAS, the Lino Lakes City Council makes the following findings: 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. The site is guided for commercial land uses, has ample access and will dedicate right of way, adequate utilities are available and will be constructed, stormwater design meets City • • requirements including those in the I -35E AUAR, and wetlands are being protected consistent with state law, the Parks and Open Space Plan, and the I -35E AUAR. 2. The proposed development application is compatible with present and future land uses of the area. The site is guided and zoned for the proposed uses. 3. Upon fulfillment of the conditions of approval and compliance with submitted plans, the proposed development application conforms to performance standards in the Zoning Ordinance, Subdivision Ordinance, and other applicable City Codes. 4. Traffic generated by a proposed development application is within the capabilities of the City if the existing level of service (LOS) outside of the proposed subdivision is A or B, and traffic generated by a proposed subdivision will not degrade the level of service more than one grade. The LOS of the Otter Lake Road/Main Street intersection is A, and the LOS will decrease it to C, which is more than one grade. As a condition of approval, the developer shall make improvements to Otter Lake Road and the intersection to address this. These will be required with any additional development of the site. 5. The proposed development will be served with adequate and safe water supply as municipal utilities are available and will serve the development. 6. The proposed development shall be served with an adequate and safe sanitary sewer system as municipal utilities are available and will serve the development. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development as no City - funded capital improvements are part of the project. 8. 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. Retail activities in the proposed locations will have no such effects. 9. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No such features are present on the site. THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approved a Conditional Use Permit for a Planned Unit Development and its Development Stage Plan/Preliminary Plat. BE IT FURTHER RESOLVED that the following Conditions of Approval shall apply: 1. On the sites of the multi -user retail buildings, there must be enough parking to accommodate all uses of the entire building. No individual use may create a parking demand that uses up the parking and does not allow enough for other uses of the building. • The City may deny building permits or otherwise prevent an individual use of the sites if this condition would be violated. • • 2. Any restaurant use that includes outdoor seating with service by wait staff will require a conditional use permit and must meet conditions listed in the Zoning Ordinance. 3. The permit from the Rice Creek Watershed District must be obtained and a copy submitted to the City prior to site work commencing. 4. City Engineer review comments must be addressed to his satisfaction. 5. Irrigation shall be required in all areas to be sodded and the irrigation shall be shown on the landscaping plan or listed in details. 6. On the McDonald's site, truck deliveries shall not occur during business hours or if they do, parking spaces along the west side of the building shall be blocked off prior to the delivery. 7. An easement for access to the City water tower is required and an executed easement shall be submitted to the City prior to final plat approval. 8. The following staging of construction of internal and external road improvements shall be required and shall be addressed in the development agreement: a) with phase one (as shown in this application), the developer shall construct a right turn lane (southbound Otter Lake Road turning right into the project site) at the northern access (existing bank access road), in accordance with Anoka County standards b) with phase one, the developer shall stripe a left turn lane and through lane on northbound Otter Lake Road at the northern access, in accordance with Anoka County standards; a concept striping plan shall be submitted to the City and County for review c) the northern access shall be converted to right in/right out with any additional development that is not included in phase one d) the southern access road shall be constructed with any additional development that is not included in phase one e) to address the City requirement that traffic generated by a proposed subdivision will not degrade the level of service more than one grade: with any additional development that is not included in phase one, the developer shall make needed improvements to Otter Lake Road south of Main Street, including the southern access intersection, including at a minimum through lanes, turn lanes, and medians in accordance with Anoka County requirements; this may or may not include signalization of the southern access intersection, depending on signal warrants, as determined by Anoka County and the City f) with any additional development that is not included in phase one, the developer shall make needed improvements to old Otter Lake Road service road access (west entrance to site) to serve the project, in accordance with City standards 9. An additional ten (10) feet of right of way must be dedicated for Otter Lake Road, rather than the five (5) feet shown on the plat, to total 60' from centerline. This must be included on the final plat. 10. Any comments from the Anoka County Highway Department must be addressed prior to site work commencing and all County requirements shall be fulfilled. 11. Documentation showing agreement between the bank and the developer regarding the relocation of the bank driveway as shown on plans must be submitted to the City prior to final plat approval. 12. The project shall include pedestrian connection to the proposed trail along the south side of Main Street. 13. A property owners association shall be created and shall address the management of common and shared elements of the site. The declaration of covenants and conditions shall be submitted to the City for review prior to final plat approval. The development agreement between the developer and the City shall require that the developer record the declaration of covenants and conditions with the final plat. 14. A stormwater facilities maintenance agreement must be executed and shall prohibit snow storage in the large wetlands in Outlots B and D. 15. A snow removal plan shall be addressed prior to final plat and shall be included in the property owners association documents and management agreements. 16. Stormwater management for future development of the site is not addressed by the current application. Future development will be reviewed and must comply with the I -35E AUAR requirements. 17. Park dedication fee described in the fee schedule shall be paid prior to site work commencing. 18. The AUAR fee described in the fee schedule shall be paid prior to site work commencing. 19. Any use that requires a conditional use permit, as listed in the Lino Lakes Zoning Ordinance, shall comply with requirements for the conditional use permit. 20. A 20' drainage and utility easement shall be platted along the site's northern edge, abutting Main Street. piabpard•Pki John Bergeson, Mayor • • • Adopted by the Lino Lakes City Council this 11th day of February , 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member O'Donnell and upon vote being taken thereon, the following voted in favor thereof: Reinert, O'Donnell, Gallup, Stoltz, Bergeson The following voted against same: None Whereupon said resolution was declared duly passed and adopted.