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HomeMy WebLinkAbout2012-129 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 12 -129 RESOLUTION APPROVING THE PRELIMINARY PLAT FOR BILLS SUPERETTE WHEREAS, the City has received an application for preliminary plat approval for Bill's Superette; and WHEREAS, City staff has completed a review of the proposed plat based on the following plans and information: • Boundary /Topographic Survey, dated and revised November 7, 2012 • Preliminary Plat dated and revised November 7, 2012 • Preliminary Utility Plan dated and revised November 7, 2012 • Preliminary Grading and Erosion Plan dated and revised November 7, 2012 • Preliminary Landscape and Tree Preservation Plan dated and revised November 7, 2012 ; and WHEREAS, a public hearing was held before the Planning & Zoning Board on November 14, 2012 and the Board recommended approval of the preliminary plat application; and WHEREAS, the proposed preliminary plat meets the requirements of the City's Zoning and Subdivision Ordinances; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the preliminary plat of Bill's Superette, subject to the following conditions: 1) A trail is installed along both Lake Drive and Main Street; 2) Cross - access easements are submitted and approved by city staff to allow both businesses to utilize both accesses; 3) Obtain all necessary permits from the Rice Creek Watershed District, and provide a copy of that permit to the city; 4) Pond areas must be planted with a native seed mix acceptable to the city and managed for a minimum of three years by an approved city contractor; 5) Execution of a Stormwater Operation and Maintenance Agreement between the City and/or RCWD prior to issuance of a building permit; 6) All outstanding land use fees or escrows shall be paid in full prior to issuance of a building permit; 7) Title work satisfactory to the City Attorney shall be submitted and reviewed prior to final plat recording; • 8) A development agreement is entered into between the City and the Developer as part of the final plat approval process; 9) All development fees shall be calculated according to the fees in effect at the time of the final plat; 10) Preliminary plat approval shall be valid for one year from the date of this approval. The plat and associated development agreement shall be recorded within one year of approval; Adopted by the Council of the City of Lino Lakes this the 10th day of December, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council MemberRaf f erty and upon vote being taken thereon, the following voted in favor thereof: Roeser, Rafferty, O'Donnell, Stoesz, Reinert The following voted against same: non • Jeff Rei , ayor ATTEST: Ji lianne Bartell, C ty Cle • • STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: 3/5 INTRODUCTION CITY COUNCIL AGENDA ITEM 6A Breanne Rothstein, WSB & Associates December 10, 2012 Consider Resolution No. 12 -129, Approving Preliminary Plat, Bill's Superette Consider Resolution No. 12 -130, Approving Conditional Use Permit for a Motor Fuel Station Staff is requesting City Council consideration of a preliminary plat for a 2 lot commercial subdivision and a conditional use permit for a Motor Fuel Station. Review Deadline: BACKGROUND Application deemed complete — October 18, 2012 60 day review deadline — December 17, 2012 120 day review deadline — February 15, 2013 Grant Rademacher has applied to the city for a preliminary plat review to subdivide the existing lot located on the northeast corner of Main Street and Lake Drive into two lots. The existing lot is 4.65 acres, and is proposed to be divided into a southern lot (2.41 acres) and a northern lot (2.11 acres). Also, the applicant has submitted an application for a conditional use permit to locate a motor fuel station on the southern property. The Bill's Superette motor fuel station is proposed to be 8,460 square feet in size, with a total of 16 fuel pumps. Finally, the city requires an administrative site plan review for the proposed 13,362 square foot G-Will liquor store to be located on the northern parcel. The subject property is a vacant lot, previously occupied by a single family home. It is relatively flat in elevation and has natural vegetation with mixed species of trees on the property. The site currently has one driveway opening along Lake Drive. The property is surrounded by a single - family neighborhood to the north and east, a motor fuel station and multitenant building to the southwest, a restaurant and auto body shop to the west, and a US Bank to the south. The intersection is currently controlled by a four -way stop control, however, construction to upgrade this to a signalized intersection is currently in progress. The city is in receipt of a plan set dated September 7, 2012, revised November 7, 2012. Staff has the comments, as listed below. Land Use /Zoning: The property is guided for commercial in the Comprehensive Plan, and is zoned GB- General Business. The proposed use of the southern lot as a motor fuel station requires the approval of a conditional use permit. The proposed liquor store on the northern lot • • • is a permitted use in the General Business Zoning District. In accordance with city code, the applicant must prove that all conditions set forth for the motor fuel station land use have been satisfied related to vehicular access, architectural standards, fuel storage systems, drainage, landscaping, and lighting, which will be addressed below in detail. Generally, the application meets the general and specific conditional use permit criteria in city code. Lot Size /Setbacks: The two newly created lots meet the minimum lot size and frontage for the General Business zoning district. The proposed buildings meet all applicable setbacks from property lines, road rights -of -way, and residential areas. Architectural Standards /Height: As part of the conditional use permit application, the applicant must meet specific architectural standards for motor fuel stations and their canopies. Face brick and rock face block are proposed as the predominant materials to be used on the buildings and the canopy regulations are proposed to be met. The height of the buildings and canopy meetthe city code standards as follows: Structure Proposed Height (feet) Maximum Allowed (feet) Motor Fuel Station 19 45 Liquor Store 21 45 Canopy 18 18 Section 3 of city code also requires that commercial buildings meet architectural standards relating to harmonious finish treatment. Based on the submitted renderings, the proposed building meets standards for the usage of earth tone with accent colors and limitations on the use of EFIS /stucco and decorative metal. The police department submitted comments recommending the addition of windows on the south and/or east side of both buildings to aid in crime prevention efforts. However, the applicant was not supportive of this request based on their experience. Utilities: This site is proposed to be serviced by the city sewer and water systems. As city policy, all sewer lines must be extended to the extent of the property, which is proposed by the plans. The plans, as revised, have addressed staffs concerns regarding utilities. Traffic/Access: The intersection of Lake Drive and Main Street is currently being upgraded to a signal. As the plat is proposed, there is sufficient right -of -way to complete this upgrade. Anoka County Highway Department is requiring the dedication of an additional 15 feet of right -of- way along Main Street. The County has also submitted an advisory comment regarding future median installation by the County at some time in the future, which may restrict these full turning movements. The site proposes to gain access from both Lake Drive and Main Street with full turning movements (left and right exit lanes and one entrance lane) to be shared by both the Bill's Superette gas station and the G -Will liquor store. The plans have been revised to address staff s comments regarding driveway width. A traffic study has been completed for the site that recommends right turn lanes be installed along Lake Drive and Main Street in order to increase the safety of the intersections. Anoka County Highway Department also discusses right turn lane installation. The Lino Lakes Police Department also recommends turn lanes as part of their review. Therefore, the applicant has added these to the plan set. Off-Street Loading Areas: City code sets forth standards for loading dock areas, and the proposed plan is satisfactory to city staff and the City Engineer. Parking: The proposed plans indicate a total of 86 stalls of parking for both the Bill's Superette and the G -Will Liquors site. City code requires one stall per 200 square feet of building area (with a 10 percent credit for unusable floor area), resulting in a total of 99 required stalls. The applicant is proposing "proof -of parking" areas for the deficient 12 stalls. In an effort to reduce impervious surfaces and mitigate storm water runoff, city code allows for "parking deferment" when evidence is provided by the applicant to suggest that the required number of parking stalls are not needed. The applicant has constructed several stores and has provided evidence from these stores that the parking demand is lower than city code requires. Staff and the Planning and Zoning Board are comfortable with the level of parking proposed and allowing a deferment of the remaining 21 stalls. The site plan does not indicate a perimeter curb along the sidewalk/walkway areas adjacent to the building. The applicant has requested this to reduce liability and increase ease for people using the area. Bollards are proposed to provide pedestrian and vehicle separation. Surface Water Management /Pollution Prevention: City code restricts impervious surfaces to no more than 75 percent of the site, which the proposed plan meets. Stormwater is proposed to be routed to an infiltration basin located in the southwest corner of the site. Stormwater management comments were provided to the applicant in the engineering review memo, dated November 5, 2012. The majority of these comments were addressed by the applicant in revised plans received by the City on November 19, 2012. However, two concerns in the engineering review memo were not addressed in the revised documents: • Runoff is directed across the south driveway, which could lead to icy conditions when thawing and freezing occurs. • The proposed swale on the east property line may not have adequate capacity during large rainfall events. This could cause channelized runoff to enter the property east of the site during large rainfall events. Based on discussions with the applicant's engineer (MFRA), these two concerns will be addressed by installing a culvert under the south driveway and by increasing the depth of the proposed swale on the east property line. With these two modifications to the plans, we feel that the project is able to meet or exceed the city's stormwater management requirements. The Rice Creek Watershed District will require a permit for the storm water management on this site, and have submitted several comments regarding this review. An operation, inspection, and maintenance agreement should be completed that indicates the land owner is responsible for the stormwater facilities. Grading /Drainage: For all motor fuel stations, oil /grit separators are required as a mechanism for limiting polluted run -off from entering the storm water system. The applicant has submitted satisfactory plans for the separation of oil /grit, per the city code. The applicant is required to provide proof of NPDES permit prior to commencing with grading. A final soils report has been submitted, and is satisfactory to staff. Easements: The plans have been revised to indicate a larger easement between Lots 1 & 2 and along the eastern property line. All other easements are satisfactory to staff. Landscaping /Tree Preservation: City code and the conditional use permit section for motor fuel stations outlines detailed requirements with regard to landscaping in five different categories: standards for canopy cover, boulevard trees, foundation landscape, and open areas, and buffering /screening. City code also requires replacement ratios for trees that must be removed as part of the site grading. After detailed discussions with staff, the plan has been revised to meet the requirements for canopy cover by including four landscaped islands within the parking lot. The foundation landscaping requirements are met, with the exception of locating the large trees a maximum of 15 feet from the foundation. The ordinance does allow for flexibility in planting locations where service locations or other constraints make the standards difficult to meet. This site requires substantial landscape buffering from the adjacent residential uses. A six foot privacy fence is proposed that is off -set every 75 feet and the planting of shrubs along 50 percent of the fence. Also, a significant number of trees are proposed that would, at full growth, extend over the top of the fence and provide additional screening. Staff has requested that the fence be off -set by a minimum of ten feet from the eastern property line to allow for maintenance of the landscaping and that one row of trees be located on the eastern side of the fence. Seven existing trees are proposed to be preserved over the site. There are some minor discrepancies between the tree preservation plan and the landscape plan, as the landscape plan indicates the preservation of several trees along the eastern property line. Additional new trees should be added to provide a full landscape screen in those areas that incorrectly show existing trees. All trees to be preserved must be protected from grading with tree save fencing, and will be verified prior to acceptance of the site improvements. All other trees on site will be removed as part of the building plans. The lost trees are mitigated according to city code by the perimeter tree plantings proposed. Lighting: The requirements of the city code and conditional use permit restrict and limit the design, height, and brightness of all lighting on site. According to the submitted plans, the proposed gas station and liquor store meets these requirements for height, maximum foot - candle at right -of -way, and light fixtures. Full canopy illumination shall be limited to the hours of 5:00 a.m. to 11:00 p.m. After 11:00 p.m. lighting will be reduced to approximately 10% of full illumination. Signage: Per the conditional use permit requirements, signage is limited to either the wall of the building or the canopy and the plans indicate only wall signage. One monument sign per frontage is permitted for motor fuel stations and one per property is allowed for all other businesses. All signage will require separate permitting. Parks /Trails: As part of the preliminary plat review the Planning and Zoning Board requested the dedication of a trail easement and construction of trails extending from the intersection along the southernmost property line and north along the westernmost property line. Based on the need for additional right of way, we propose locating the trail within the County right -of- way which has been verified with the County. The applicant will receive a park dedication fee • • credit for these improvements. The applicant needs to confirm with the power company that the proposed trail easement can be recorded within the power line easement. The board also recommended the addition of pathways leading from the trail segments to the buildings. This has been incorporated into the revised plans. Development Fees: The applicant will be required to pay appropriate park dedication (less credits), sewer, water, and surface water trunk and connection charges as part of this subdivision and site plan review. These fees will be calculated at the time of final plat and the drafting of the development agreement. RECOMMENDATION The Environmental Board met on October 24, 2012, and recommended several changes to the site plan, as outlined in the attached memo. The plan set has been revised to address these comments. Soil borings are still needed to verify the suitability of soils for infiltration. The Planning and Zoning Board met on November 14, 2012, and held a public hearing regarding these applications. Public testimony was taken and the primary concerns were related to the number of liquor stores allowed within the city, a desire for a limit to the number of licenses issued, and the number of existing vacant storefronts. Other issues discussed and addressed by staff included a plan for gasoline spillage, sewer and water extensions, groundwater contamination, the extent of buffering proposed (fence height should be increased), and a request for a trail to be installed. The Planning and Zoning Board recommended approval with several conditions on a 7 -0 vote, and adding a condition that the trail be installed both along Main Street and Lake Drive. The recommended conditions have been revised subsequent to the Board meeting, based on the applicant's revised submittal. Staff recommends approval of the preliminary plat for Bill's Superette, subject to the following conditions: 1) A trail is installed along both Lake Drive and Main Street; 2) Cross access easements are submitted and approved by city staff to allow both businesses to utilize both accesses; 3) Obtain all necessary permits from the Rice Creek Watershed District, and provide a copy of that permit to the city; 4) Pond areas must be planted with a native seed mix acceptable to the city and managed for a minimum of three years by an approved city contractor; 5) Execution of a Stormwater Operation and Maintenance Agreement between the City and/or RCWD prior to issuance of a building permit; 6) All outstanding land use fees or escrows shall be paid in full prior to issuance of a building permit; 7) Title work satisfactory to the City Attorney shall be submitted and reviewed prior to final plat recording; 8) Preliminary plat approval shall be valid for one year from the date of this approval. The plat and associated development agreement shall be recorded within one year of approval. • • • Staff recommends approval of the conditional use permit to allow Bill's Superette motor fuel station, subject to the following conditions: 1) Submission of a revised plan set that incorporates the comments from the City Engineer regarding stormwater management; 2) Obtain all necessary permits from the Rice Creek Watershed District, and provide a copy of that permit to the city; 3) Pond areas must be planted with a native seed mix acceptable to the city and managed for a minimum of three years by an approved city contractor; 4) Bollards are installed at the terminus of each parking space on the site plan, and that raised curbing is installed on the north side of each building; 5) The proposed buffer fence is set back a minimum of 10 feet from the eastern property line to allow for ease of maintenance; 6) The landscape plan is revised to indicate additional buffer plantings along the eastern property line (where existing trees are incorrectly shown); 7) All outstanding land use fees or escrows shall be paid in full prior to issuance of a building permit; Furthermore, staff recommends including the following on -going conditions in the conditional use permit: 1) Canopy illumination level shown on the photometric plan shall be allowed between 5:00 a.m. and 11:00 p.m. Outside of these hours, the fuel pumps may operate but the canopy light level shall be significantly reduced to approximately 10 percent of full illumination; 2) Canopy light is restricted to only the lighting of the pump island area, and that the canopy itself is not backlit and does not have lighting on it; 3) The public address system shall be limited to an intercom system and shall not play music or advertising; 4) Any video advertising devices integrated into the fuel pumps shall be inaudible from the surrounding properties and rights -of -way; ATTACHMENTS: 1) Resolution No. 12 -129 2) Resolution No. 12 -130 3) Plan Set, dated September 7, 2012, most recently revised November 7, 2012 4) Anoka County Highway Department memo dated November 2, 2012 5) Recommendation memo from the Environmental Board discussion dated October 24, 2012 6) Lino Lakes Police Department memos, dated September 12 and September 14, 2012