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HomeMy WebLinkAbout2004-017 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 04-17 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH IN A RURAL ZONING DISTRICT FOR EAGLE BROOK CHURCH, AND APPROVING A PRELIMINARY PLAT FOR EAGLE BROOK ADDITION WHEREAS, the City Council makes the following findings: 1. An Environmental Assessment Worksheet was prepared for the project in 2002, prior to the formal submittal of an application. On May 13, 2003, the City Council approved Resolution 03 -44 finding that there will be no significant environmental effects from the project and making a negative declaration regarding the need for an Environmental Impact Statement. 2. In October 2003 the City received an application for a conditional use permit to allow the construction of Eagle Brook Church. An application for a preliminary plat approval followed in November 2003. 3. The legal description of the property is: (see ATTACHMENT A) 4. The subject property currently is zoned Rural. 5. A church is a conditional use in the Rural zone as listed in the zoning ordinance. 6. The Planning & Zoning Board opened a public hearing on the conditional use permit application at their meeting on November 12, 2003. The Board continued the hearing. The Board opened a public hearing on the preliminary plat application on December 10, 2003, and continued the combined public hearing to the January meeting. At the January 14, 2004 meeting, the Board concluded and closed the combined public hearing and recommend approval of the conditional use permit and preliminary plat with conditions. 7. Updated traffic analyses by SRF were received by the City on February 2, February 23, March 5, and March 15 of 2004. 8. The traffic analysis concluded that a vehicle queue on the northbound I -35E exit ramp to Main St. (CSAH 14) would not stack into the travel lane of I -35E. • • 9. The zoning ordinance lists general criteria for conditional use permits in Section 2, Subdivision 2.7: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: Land Use Plan, Transportation Plan, Utility (Sewer and Water) Plans, Local Water Management Plan, Capital Improvement Plan, Policy Plan, Natural Environment Plan. While there are no specific statements or policies in these plans with which the proposed project clearly conflicts, the safety of the public is an underlying concern. Review of the project does not reveal a clear danger to public safety. b. The proposed development application is compatible with present and future land uses of the area. The site is guided for single family sewered development. This does not exclude churches, which typically are in single family zones. The majority of the site will remain as undeveloped open space (only23% impervious surface). The lakeshore area will be protected and managed to provide a foraging area for birds in the heron rookery. c. The proposed development application conforms to performance standards herein and other applicable City Codes. With the conditions of approval, performance standards are met. d. Traffic generated by a proposed development application must be within the capabilities of the City when specific levels of service are observed. However, the City does not have jurisdiction over neighboring municipalities. With the conditions of approval, including turn lane improvements, the roads will have structural capacity to accommodate traffic. No City improvements are needed. The LOS requirements do not apply to the I -35W /Lake Drive or I -35E /Main St. interchanges. e. The proposed development shall be served with adequate and safe water supply. f. The proposed development shall be served with an adequate and safe sanitary sewer system. The proposed new building would have its own well and onsite wastewater treatment system. The church will be required to connect to municipal sanitary sewer and water within two years of service availability. g. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. There will be no city capital expenditures for this project. h. The proposed development 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. The parking lot will be lit. The lighting will be comply with city requirements and can be turned off after specified times. The project will generate traffic. The traffic impacts were the subject of extensive analysis and there is no clear public safety danger. Resolution 04 -17, page 2 • • i. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The Environmental Assessment Worksheet review process concluded that the project would have no significant environmental impacts. 10. As listed in Section 5, Subd. 1.G.8. of the zoning ordinance, churches are allowed as conditional uses in the Rural zone provided that: a. Side yard setbacks shall not be less than fifty (50) feet; b. Adequate screening from abutting residential uses and landscaping is provided; and c. Adequate off - street parking and access is and parking is adequately screened and landscaped. The project complies with the required setbacks. The plans include adequate off - street parking and access. The landscaping plan includes significant screening. 11. The maximum building height in the Rural zone is 35', though Sec. 3, Subd. 4.C. allows that church spires may go up to 60' and that building heights in excess of these may be allowed through a conditional use permit provided that: a. Demonstrated need is established for the increase in height and said increase will not violate the intent and character of the zoning district in which the structure is located. • Contemporary churches are commonly large, tall buildings. The large worship space requires a tall structure. The site is large and the structure will be set back significant distances from property lines. b. The site is capable of accommodating the increased structure size. • At 82 acres, the church lot can accommodate the additional building height. c. The potential increased intensity and size of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. • The additional 14' of building height does not increase traffic volume. d. Public utilities and services are adequate. • The church will construct its own water and sanitary sewer facilities. e. For each additional story over the district limitation or for each additional ten (10) feet above the maximum allowed per district, front and side yard setback requirements shall be increased by ten (10) percent. • As noted in the zoning standards table above, the setbacks are well beyond minimum requirements. f. The construction does not limit solar access to abutting and/or neighboring properties. A shadow study shall be required illustrating shadow encroachment on adjoining properties. • The shadow study shows no impact on neighboring property. g. The provisions of Section 2, Subd. 2. of this Ordinance are considered and satisfactorily met. Resolution 04 -17, page 3 • • This refers to the general CUP criteria discussed in finding 9. 12. Protecting the public safety is a legitimate public purpose. NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the conditional use permit for a church in the Rural zone and the preliminary plat for Eagle Brook Addition, subject to the following conditions: 1. This conditional use permit approval includes the 2100 -seat worship space, but not the additional 700 seats. This approval also includes the 50' building height as on the submitted building elevations. The addition of more seating requires an amendment of this conditional use permit. The review of the amendment will include, but not be limited to, the adequacy of the wastewater treatment system and traffic impacts on the transportation system. 2. If more than one worship service is to occur on the same day, starting times for services shall be scheduled at least two hours apart to allow time for traffic from the first service to disperse. 3. If weekday evening worship services are scheduled, they shall not occur prior to 7:00 pm in order to avoid conflict with the weekday peak travel period (rush hour). This condition does not apply to small worship activities that create no traffic issue. This does not apply to special holiday or other special events. 4. Traffic control personnel shall be employed, at the church's expense, during church traffic generation peak periods. These personnel shall be law enforcement officers provided by the City of Lino Lakes. a. Officers shall be at the I -35E interchange ramps, at the 20th Ave. and Main St. intersection, and at the two access driveways to the site. b. During church worship services and large events, the northern driveway shall be entry only and the south driveway shall be exit only. c. However, the number of officers, if any, their locations, and the events that warrant them shall be the decision of the Chief of Police, and may change from what is stated in this condition 4, subject to the Chief's discretion. 5. Soon after the first worship service, the Chief of Police shall call a review meeting of representatives from law enforcement officers providing traffic control, the church, and the neighborhood to review traffic issues. 6. Parking lot lighting and church spire lighting shall be turned off no later than two hours after services or other events at night, but no later than 10 p.m. This does not apply to special holiday or other special events. 7. Additional right of way shall be dedicated to Anoka County for 20th Ave. (CSAH 21), as indicated on the plans. This shall be shown on the final plat. Resolution 04 -17, page 4 • • 8. A separate deed for the right of way along the exception lot (7791 20th Ave.) shall be recorded with the final plat because this lot is not part of the plat. This deed shall be submitted for City review as part of the final plat submittal. 9. All necessary permits shall be obtained by the applicant from Anoka County for work in the 20th Ave. (CSAH 21) right of way. 10. Prior to the issuance of a building permit, the church must obtain written approval from Anoka County Highway Dept. that the CSAH 21 /CSAH 14 intersection will function as demonstrated in the submitted traffic analysis. The church must make any improvements to the intersection required by Anoka County. 11. The church shall be responsible for the construction and cost of a right turn lane on the northbound I -35E exit ramp at CSAH 14. a. The church shall obtain agreement on the design of this turn lane from Anoka County Highway Dept. and MnDOT, as necessary, and submit proof of the agreement, prior to issuance of a building permit for the church. b. This turn lane shall be completed prior to issuance of a certificate of occupancy for the church. 12. Signage is governed by the City's sign ordinance and permits are required for all signs. 13. Drainage and utility easements must be created over all ponds and wetlands. These must include land 25' from the delineated wetland edge, as proposed on the plans. These easements must be included on the final plat. 14. Easements must be placed over the relocated drain tile for Co. Ditch 72 and deeded to the Rice Creek Watershed District. 15. Issues listed in the January 7, 2004 memo by the City Engineer must be resolved to his satisfaction. 16. Stop signs shall be installed for vehicles exiting both church driveways. 17. The church shall enter into a site performance agreement prior to issuance of a building permit. 18. The church shall enter into a maintenance agreement for the stormwater facilities prior to issuance of a building permit. 19. A management plan for the prairie areas must be prepared and obtain approval from the City prior to issuance of a building permit. • 20. The terms and dimensions of the conservation easement in the southwest portion of the site must be agreed to by the church and the easement holder prior to issuance of a Resolution 04 -17, page 5 • building permit. The church is responsible for submitting to the City proof of the agreement. 21. The sewer line from the building line to the wastewater treatment system tanks must be insulated to prevent freezing. 22. A fence or other barrier shall be built to protect the wastewater treatment areas. 23. The church shall submit to the City the servicing /monitoring plan acceptable to the City for the wastewater treatment system. 24. The church shall connect to the public sanitary sewer system within 24 months of the public service becoming available. 25. The church shall connect to the public water system within 24 months of the public service becoming available. 26. Street lights typical for road intersections shall be installed at the church's cost at the end of each access driveway on CSAH 21 (20th Ave.). 27. The City has the right periodically to review the conditional use permit for compliance with these conditions and for the protection of the public health, safety, and welfare. 28. The well drilling shall not begin prior to July 15th, 2004. Grading and construction on the site shall not begin prior to June 1St, 2004. BE IT FURTHER RESOLVED that this resolution is based on the following plans and related information: 1. Eagle Brook Church Traffic Study, Supplemental Analysis, Draft Memorandum, Including Updates: February 2, February 23, March 5, March 15, 2004 2. Preliminary Plat, 10/10/03, rec'd12 /18/03 3. Certificate of Survey, SRF, 10/10/03 4. Site Plan, BWBR and SRF, 12/18/03, received 12/18/03 5. Grading Plan, BWBR and SRF, 12/18/03, received 12/18/03 6. Utility Plan, BWBR and SRF, 12/18/03, received 12/18/03 7. Construction Plan, SRF /18/03, received 12/18/03 8. Landscaping Plan, BWBR, 12/18/03, received 12/18/03 9. Tree Preservation Plan, BWBR, 12/18/03, received 12/18/03 10. Signage and Building Cross Details, 12/17/03, received 12/18/03 11. First and Second Floor Plans, BWBR, 10/13/03, corrected square footages e -mail from Ron Laughlin, BWBR 12. Building Elevations, BWBR, 10/13/03 • 13. Photometric Plan, BWBR and Ericksen Ellison and Assoc., 10/14/03, received 10/15/03 14. Lighting Fixture cutsheets, Lithonia Lighting Resolution 04 -17, page 6 • • 15. Onsite Wastewater Treatment System Final Design Report and Specifications, Eco Systems Engineering, Oct. 8, 2003 16. Narrative, SRF 17. Description of Fire Protection System and Electrical Generator System, Memorandum, Ericksen Ellison and Assoc., 10/13/03 ATTEST: Ann Blair, City Clerk Adopted by the Lino Lakes City Council this day of Ce1V■_ , 2004. Jo J. Ber_eson, Mayor Resolution 04 -17, page 7 • • ATTACHMENT A City of Lino Lakes Resolution 04 -17 Property Description Lots 3 and 4, AUDITOR'S SUBDIVISION NO. 55; Lots 5, 8, 10, 12, 13 and 14, AUDITOR'S SUBDIVISION NO. 56 Resolution 04 -17, page 8