HomeMy WebLinkAbout2012-129 Council Resolution•
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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;
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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
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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
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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
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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.
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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