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.