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HomeMy WebLinkAbout2006-136 Council ResolutionIIffZ .G!o t- TT'o p t--°,) cc:' °- (1-i-CO( ,'P-dv1n •ev1 1.a — /1 p f I ((cc-h `j l t"11nCrZACt.t-k-v1 introduced the following resolution and moved its Council Member adoption: CITY OF LINO LAKES RESOLUTION NO. 06-136 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR AN ACCESSORY DRIVE THROUGH FACILITY AND RESTAURANT OUTDOOR DINING FACILITIES FOR MILLERS CROSSROADS SHOPPING CENTER WHEREAS, The Millers Crossroads development was approved in 2003 with Resolution 03 -142 including one commercial lot at the corner of Birch St. and Hodgson Rd., and; WHEREAS, the City has received an application for an accessory drive through facility and outdoor dining facilities on the commercial lot, and; WHEREAS, the legal description of the property is Lot 16, Block 1, Millers Crossroads according to the plat of record thereof, Anoka County, Minnesota and; WHEREAS, the City Council makes the following findings: 1. The site is zoned LB, Limited Business. 2. Both an accessory drive through facility and outdoor dining facilities are conditional uses in the LB zone and require a conditional use permit, as listed in Section 7, Subd. 2.H.1. and Subd. 2.H.8. of the Lino Lakes zoning ordinance. 3. Section 2, Subd. 2.B.7. of the zoning ordinance states that the City Council shall order the issuance of a conditional use permit only if it finds that specified criteria are met, including: c. The proposed development application conforms to performance standards herein and other applicable City Codes. 4. Section 7, of the zoning ordinance, the Limited Business zoning district, includes Subd. 2.D., which states: Impervious Surface Coverage. In no event shall off - street parking space, structures of any type, buildings, or other features cover more than sixty -five (65) percent of the lot area resulting in less than thirty -five (35) percent pervious landscaped area. • 5. Ordinance 04 -95 established the Shoreland Overlay District, which includes all land within 1,000 feet from the ordinary high water level of specified lakes, including Baldwin Lake. The majority of the site is in the shoreland overlay area. 6. Section 1102.07, Subd. 1.C.4. of the shoreland ordinance requires the impervious surface coverage of commercial lots shall not exceed 60% of the lot area. 7. The impervious surface of the site as proposed would be over 70 %. This exceeds both the LB zone maximum and the shoreland overlay maximum. 8. The drive through facility requires the drive lane around the building, which adds impervious surface beyond the plan approved in 2003. 9. Property to the east and south are zoned R -3 Planned Unit Development, with R -3 designating the Planned Unit Development for Medium Density Residential use. 10. Property across Hodgson Road to the west is zoned R -1, Single Family Residential. 11. Section 3, Subd. 4.Q. of the zoning ordinance states, in part, that Where any business or industrial use (i.e., structure, parking or storage) abuts property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Zoning Administrator). All the fencing and screening specifically required by this Ordinance shall be subject to Section 3, Subd. 4.Q. and shall consist of either a fence or a green belt planting strip as provided for below: a. A green belt planting strip shall consist of vegetation and plants and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide eighty (80) percent opacity to a minimum height of six (6) feet at time of planting. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. In such cases when planting strips are used in conjunction with berms designed to support plant growth, plant height may be reduced accordingly such that an eighty (80) percent visual screen of not less than six (6) feet in height is maintained. The planting plan and type of plantings shall require the approval of the City Council. 12. Section 7, Subd. 2.H.1. of the zoning ordinance includes the list of conditions for a drive through facility in the LB zone. These include: e. The drive - through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights -of -way. Resolution 06 -136, page 2 L. • 13. The landscaping plan does not provide an eighty (80) percent opacity to a minimum height of six (6) feet on the east, south, and west side of the site. 14. Review of this application is based on the following: Utility Plan, revised 8 -2 -06 and received August 3, 2006 Grading and Erosion Plan, revised 8 -2 -06 and received August 3, 2006 Site Plan — Drive Up Option revised 8 -1 -06 and received August 3, 2006 Landscape Plan, revised 8 -1 -06 and received August 3, 2006 Site Details, revised and received July 21, 2006 Floor Plan, revised and received July 21, 2006 Exterior Elevations, revised and received July 21, 2006 Photometric Plan, received Apr 3, 2006 Sign Plan, received Apr 3, 2006 Certificate of Survey, 2/16/06, received Feb 16, 2006 NOW, THEREFORE, BE IT RESOLVED that, based on the findings, the City Council denies the application for a conditional use permit for the accessory drive through facility and for the outdoor dining facilities shown on the submitted plans. 41111 Adopted by the Lino Lakes City Council ti' day of , 2006. • ATTEST: Julianne Bartell, City Clerk / Ber_ -son, Mayor Adopted by the Lino Lakes City Council this i g r_i day of , 2006. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said resolution was declared duly passed and adopted. Resolution 06 -136, page 3 • • • INSERT AFTER PAGE 68 AGENDA ITEM 6 A SUPPLEMENT TO REPORT DISTRIBUTED AUGUST 7 STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: August 14, 2006 TOPIC: Resolution 06 53 Resolution 06 -136 Denying Conditional Use Permit - Accessory Drive Through Facility and - Restaurant Outdoor Dining Facilities Millers Crossroads Shopping Center BACKGROUND At the August 7 work session, the City Council raised a number of questions and directed staff to investigate those issues further. As a result of the additional research and analysis, a revised resolution has been prepared: Resolution 06 -136. The information in the previous report applies except what is corrected or replaced by this supplemental report. The August 14 meeting is the last meeting of the City Council prior to the deadline for action on this application. ANALYSIS Section 2, Subd. 2.B.7. of the zoning ordinance states that the City Council shall order the issuance of a conditional use permit only if it finds that specified criteria are met, including: c. The proposed development application conforms to performance standards herein and other applicable City Codes. Impervious Surface The City Council directed staff to review the impervious surface coverage of the proposal and also compare it to the 2003 project review. Staff acquired the electronic drawing of the current proposal from the applicant's engineering firm and analyzed it to determine the impervious surface. The further review of the 2003 approval files also provided useful information. Millers Crossroads Shopping Center Supplemental Report page 2 The 2003 plan for the commercial site included 59% impervious surface coverage. This complied with the Limited Business zone impervious requirement. Much if not all of the site is within 1000 feet of the ordinary high water level of Baldwin Lake (883.1), so it is within the shoreland overlay area. The 2003 plan complied with the impervious maximum under the shoreland overlay zone requirement. The following table summarizes the impervious surface analysis: acres sf Yo impervious % pervious total site 1.84 80,150 impervious with 87 pkg stalls 56,361 70% pervious with 87 pkg stalls 23,789 30% impervious with 107 pkg stalls 60,885 76% pervious with 107 pkg stalls 19,265 24% maximum impervious in LB zone 65% maximum impervious for commercial site in shoreland overlay zone 60% On the August 2006 site plan submittal, the site statistics lists the following data: "Total Green Area: 27, 704 sf = .64 acres = 35% ( >35% required) ". This statement clearly does not reflect the impervious area of the proposal: 56,361 sf. In addition to the fact that the zoning ordinance requires compliance with performance standards in order to approve a CUP, the drive lane around the back of the building is necessary for the drive through facility. This is additional impervious surface that would not be needed without the drive through facility. Screening The City Council discussion included landscaping and screening that to fulfill the requirement of the zoning ordinance. Section 3, Subd. 4.Q. states in part: Where any business or industrial use (i.e., structure, parking or storage) abuts property zoned for residential use, that business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Zoning Administrator). All the fencing and screening specifically required by this Ordinance shall be subject to Section 3, Subd. 4.Q. and shall consist of either a fence or a green belt planting strip as provided for below: a. A green belt planting strip shall consist of vegetation and plants and shall be of sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide eighty (80) percent opacity to a minimum height of six • • • Millers Crossroads Shopping Center Supplemental Report page 3 (6) feet at time of planting. Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen. In such cases when planting strips are used in conjunction with berms designed to support plant growth, plant height may be reduced accordingly such that an eighty (80) percent visual screen of not less than six (6) feet in height is maintained. The planting plan and type of plantings shall require the approval of the City Council. Section 7, Subd. 2.H.1. includes the list of conditions for a drive through facility in the LB zone. These include: e. The drive - through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights -of- way. The submitted landscape plan does not provide 80% opacity at a height of six feet for residentially zoned property on the east, south, and west of the site. OPTIONS 1. Approve Resolution 06 -136 denying the conditional use permit for the drive through facility and the outdoor seating, based on the findings listed in the resolution. 2. Approve the application by approving the previously distributed Resolution 06 -53. RECOMMENDATION Based on discussion with the City Council, Option 1.