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HomeMy WebLinkAbout2004-018 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 04-18 RESOLUTION APPROVING THE ALLOCATION OF 2.24 ACRES OF COMMERCIAL MUSA,APPROVING THE AMENDMENT OF A CONDITIONAL USE PERMIT,AND APPROVING VARIANCES FOR SETBACKS,FOR THE CIRCLE-LEX VFW SITE,7868 LAKE DRIVE WHEREAS,the City has received an application for an amendment of a conditional use permit to allow a the construction of a new building for the Circle-Lex VFW, a private club; and WHEREAS,the subject property currently is zoned GB General Business; and WHEREAS,private clubs is a conditional use in the GB zone and the VFW has an existing conditional use permit; and WHEREAS,the legal description of the property is: (see ATTACHMENT A) and WHEREAS,the site currently is not within the existing boundaries of the Metropolitan Urban Service Area(MUSA)but the requested MUSA allocation is consistent with the comprehensive plan and growth management policy because: • the site is guided for commercial use in the comprehensive plan, • the site is in a Stage 1 growth area • the City has MUSA reserve available`for commercial development • the proposed development is not premature and WHEREAS, at their meeting on January 14,2003,the Planning& Zoning Board held a public hearing and recommended approval subject to conditions; NOW, THEREFORE,BE IT RESOLVED that the Lino Lakes City Council hereby approves the allocation of 2.24 acres of commercial MUSA for the site, and; BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby approves the amendment to the conditional use permit,with the following conditions: • 1. The separate parcels shall be combined into one tax parcel. The applicant must submit documentation that a lot combination has been filed with Anoka County prior to issuance of a building permit. 2. Additional right of way shall be dedicated to Anoka County for Lake Drive; as indicated on the plans. A deed for this right of way shall be,filed prior to building permit issuance. 3. The 50' separation between existing wells on all adjacent residential properties and the proposed stormwater ponds must be noted on construction plans. 4. Drainage and utility easements must be created over all ponds. Deeds for these easements shall be provided to the City prior to building permit issuance. 5. Drainage and utility easements shall be dedicated, 10 feet in width, along all lot lines: Deeds for these easements shall be provided to the City prior to building permit issuance. 6. The new building must connect to city water and sanitary sewer and pay appropriate connection charges. r 7. Any existing septic systems or wells must be properly abandoned according to law. 8. The height of plantings near the driveway must not interfere with sight lines. - I 9. The City native seed schedule shall be used in infiltration and ponding areas. 10. Issues listed in the February 3,.2004-memo by the City Engineer must be resolved to his satisfaction. 11.A stop sign shall be installed for the Lake Drive driveway. 12. All necessary permits shall be obtained by the applicant from Anoka County for work in the Lake Drive(CSAH 23)right of way. 13. Lighting must be as shown on submitted plan and fixture cut sheets. 14. Signage is governed by the City's sign ordinance and permits are required for all signs. 15. The VFW shall enter into a site performance agreement prior to issuance of abuilding permit. 16. The VFW must agree to a mutual cross-access easement with the property to the north when that property develops. 17.If parking or traffic generation create problems in the future,the City may impose additional requirements to resolve such issues. Resolution 04-18,page 2 18.This approval is based on the following plans and related correspondence: • Site Plan,DSGW,received January 21, 2004 • Grading Plan, Metro Land Surveying &Engineering,received January 21,2004 • Utility Plan,Metro Land Surveying &Engineering,received January 21,2004 • Memo from Michael J. Thomas,DSGW,December 4, 2003,reed. January 21, / 2004 • Letter from Brian Bourassa,Metro Land Surveying &Engineering,January 20, 2004,rec'd. January 21,2004. • ' Wall Section December,18 2003 • Floor 0o Plan DSGW July 7,2003 Exterior Elevations, DSGW, July 7, 2003 • Landscape Plan,DSGW,December 18,2003 • Landscape.Details,DSGW, December 18, 2003 • Photometric Lighting Analysis,Engineering Design Initiative,December 18, 2003 • Boundary and Topographic Survey,E.G.Rud&.Sons,Inc.,9/05/03,rec'd 10/10/03 • Code Data, DSGW, 10/9/03,rec'd 10/10/03 • Floor Plan, DSGV 10/9/03,rec'd 10/10/03 • Exterior Elevation, DSGW, 10/9/03,rec'd 10/10/03 • Building Section,DSGW, 10/9/03,rec'd 10/10/03 BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby approves setback variances-to allow the building to be 34 feet from the new Lake Drive right of way, and the parking drive to be 5 feet from the new Lake Drive right of way. Adopted by the Lino Lakes City Council this SP day of February,2004 iobffj.B geson,Mayor ATTEST: Ann Blair, C Clerk Resolution 04-18,page 3 • ATTACHMENT A City of Lino Lakes Resolution 04-18 Legal Descri tU ion All of Lot 8 and that part of Lot 7;AUDITOR'S SUBDIVISION No. 100, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, lying Southerly of the following described line: Beginning at a point on the easterly line of and 20 feet Northerly from the southeast corner of said Lot ;thence Northwesterly to a point on the westerly line of said Lot ; said point being 150 feet northeasterly from the southwesterly corner of said Lot 7 (as measured along said westerly line) and there terminating, EXCEPTING therefrom any part lying within the Plat of Anoka County Highway Plat No. 17: And, That part of Lot 9, Auditor's Subdivision No. 100, Anoka County Minnesota described as follows: Commencing at a point on the Southerly line of said lot a distance of 234 feet Westerly of the southeast corner thereof;'thence Northerly on a line, (if projected would intersect the Northerly line of said lot at a point 200 feet Westerly of the northeast corner thereof), for a distance of 101.6 feet to point of beginning,'thence continuing Northerly on last described line 134.3 feet,more or less,to the Northerly line of said lot;thence Westerly on the Northerly line of said Lot 151.28 feet, more or less,to the Northwest • corner thereof;'thence Southwesterly on the Westerly line thereof, also being the Easterly right-of-way line of State Trunk Highway No.8 for a distance of 100 feet,'thence Southeasterly 183.67 feet, more or less,to point of beginning. And, That part of Lot 9,Auditor's Subdivision No. 100, Anoka County. Minnesota, lying Westerly and Southerly of the following described line: Beginning at a point on the southerly line of said Lot 9 a distance of 234 feet Westerly of the southeast corner thereof;. thence Northerly on a line (if projected would intersect the northerly line of said lot at a point 200 feet Westerly of the northeast corner thereof) for a distance of 101.6 feet;thence Northwesterly to a point on the westerly line of said lot a distance of 100 feet, (as measured on said westerly line)Southwesterly of the northwest corner thereof; and there terminating. Together with that part of vacated Lois Lane. And, Together with that part of vacated Lois Lane, also being described as that part of the north 8 feet of Lot 10, Auditor's Subdivision No. 100,Anoka County; Minnesota, accruing thereto by reason of the vacation thereof(Document No. 510488). And, Also the Westerly 1.0 feet of the Northerly 134.31 feet of that part of Lot 9, Auditor's Subdivision No. 100, Anoka County, Minnesota, described as follows: Beginning at a point on the southerly line of said Lot 9 a distance of 120 feet Westerly of the southeast corner of said lot; thence Westerly on said southerly line a distance of 114 feet; thence is Northerly to a point on the northerly line of said lot a distance of 200 feet Westerly of the northeast corner thereof;' thence Easterly on said northerly line a distance of 90 feet; thence Southerly to point of beginning. cz ie--Ley, VFW, Est 6583 7888 Lake Drive :.. Lino Lakes, Mini esota . 55014 Attachment A • EYJSTNG PROPERTY Resolution 0 -4 18 Aff of Lot 8 and that part of Lot 7, AWTORIS Sf/BD/wsav Na 104 acowdl7g to the mop or plot thereof on No and of'rwarnf h the office of the County Reeorder/a and for Anoka County, Mhoesota &hg southa/y of the fallow/ng descrbed line: ft1twing at a point an Me sastely line of and 20 fast nortfier/y fran the southeast comer of odd Lot 7 thence northwestety to a paht on Me retetedy Jkhe of solo Lo! 7, sold pakht being 150 heat northeasterly llom the southwesterlyy corner of sold Lot 7(as measured along rofd restarty line) and Mere temknotkeg EXCEP7Alti Moreftm aVpart &my w/thtr the Plot of Anoka tburrty N/g*wgy Plat Na M. Mat port of Lot 9. Aua9tor's SLbdhasion Na 104 Anoka County Nhmsoto dc=Zod as Wows: Commernchg of a point an Me-Southenly line of sold lot a distance of 254 feet tthstenjy of the SouMeas! carnaf Ihe^�t thence NorMarty an o Ibit (N projfeoted weruld intersect the Northerly fine of sold lot of a POWZ00 feet IHzstrrly of the Northeast cwrmr Mareof), far a dstonce of 101.6 teat to point of bag/ndnyt thence contkhuing No thady on last deearbod/ins 1JAJ foot more or lean; to the AWMarly line of add fof vane Weste/y an the Northerly The of sold Lot 151.28 het morn or/sear to the Northwest awmw thereof Manes Southwesterix on the Westerly Ann thereof, also being the Easterly dghi-oi this of State, Tmak Nighwoy Na 8 hr a alriance of 100 tat Menoo Swihvosta/y 1=87 feet more a•/neon to paint of baOming .. /. Mot port of Lot A AudYtor'e Subaftlon Na 104 Anako'Countg Minnesota, {Kny Westerly and SawMeriy of the ObNoWng des"ed Ina: BeghwAv.of a pcht an the Southerly /he of said Lot 2 o dWanee of 234 feet Westerly of the Southeast comer thereof, thence Northerly an aline(If projected would kntersact Me Nartfterly#no of sold rot of a paht 200 Ibet Westerly of the Northeast comer thereof) for a dstance of 101.E feet; Omar Northwesterly to a point ae the Westerly Aire of eaM lot a d/etarhce of 100 fat (as measured on sold Westedy/kho)SouMreaterfy ht, of the NdrMwest caner Merof, and there tem bafkng. Together with that part of rotated Lots An4 i Q Together with that pat of vacated Lacs Lane; also belt dwarhed as Mot part of the aorfh 8 / foot of Lot 1a Auditor's Subd/r/slon Na 104 also County] Wwwoft am mhg Owarito by ' reasa» of the vacation thereof(Oocumavit'Na 510488� /Also the the ►szestaly 10 feet of the Marl body 13A.T!•fesi of that part of Lot R Auditor's SubaYrisian (� Na 104 Anoka County, Mk►neeota, descrhad as faftwr~ Begkmftg at a pant an the SouMerfy �• Abe of said Lot 2 o distance of 120 feet Westedy of the Southeast comer of said lot Meoce Westerly ansavd ScuMerty lone a dstace of 114`foot Mende Northerly to a pokrt on the >' �) ' X eaa,.e Northerly lkhe of sadlot a c/stance of 200 IGet Westedy of.the Northeast comer Mereaf Mence Easterly on sold Nfh aerly&w a dlstannow of W feet; Menee Southerly to pokt of bVfthg: I hereby certify that this survey, plan or report was prepared by me or under my direct supervislon and that 1 am .. '`"'{`+`'r`in. a duty-Registered land Surmyor under, the laws of the State of Minnesota ;M Dater 9-of"-11as Ucense Na REVISIONS: /. Q :{{ ► k r e -7i 09-05-03 Add porking revisions dr new utflilds "_• .f GRAPBIC SCALE , Icn i"t= ' (� FAT) / r'{.e.";..r� �,t' •.ti=a.�• re awed I3U Ji�'M • F4� land &r%ie rb :. .,:. CIRCLE PINES- MI%L 55014-3626P ,Y•«� :: l.EXINC•�TbN• AYRNUE NE « _Tn3L 196-5556 Pax 196-6007 . AGENDA ITEM 7D STAFF ORIGINATOR: Jeff Smyser C.C.MEETING DATE: February 9,2004 TOPIC: Resolution 04-18: Approving •Allocation of 2.24 Acres Commercial MUSA •Amendment to Conditional Use Permit For Private Club Variance for Setbacks Circle-Lex VFW, 7868 Lake Drive VOTE: 3/5 for MUSA, 3/5 for CUP,3/5 for Variance (combined into one resolution) BACKGROUND The Circle-Lex VFW Post6583 is interested in constructing a new building at their site on the northeast corner of Lake Drive and Lois Lane. The site is not in the current MUSA,but the City has ample MUSA reserve for commercial projects. The site has a conditional use permit(CUP)which will need to be amended to allow the construction of the new building. The required site and building plan review is an administrative review, but the review elements are relevant to the CUP. Because of the VFW's willingness to dedicate additional right of way,building and parking drive setback variances are needed along Lake Drive. The City approved a CUP amendment in April 1999 for an addition to the existing building,which was never constructed. The new application would replace that plan. ANALYSIS Land Use and Zonings Location Existing Land Use Guided Land Use Existing Zoning Site VFW Commercial, General Stage 1 (pre-2010) growth area, - Business outside of MUSA North residential Commercial General Business South auto garage,retail Commercial General • Business East residential Commercial General Business and Rural West residential Low&Med. Density Sewered Resid. R-1 Circle-Lex VFW page 2 The submittal compares with the GB General Business zoning standards as follows: Required Proposed Lot size minimum 20,000 sf, 2.03 acres (not incl. ROW) Lot width minimum 100' 220' Setbacks: buildings from arterial 40' 34' from local street 30' 80' rear lot line_ 30' 200+' side lot line 10' 20' parking from street 15' 5.5' rear lot line 10, 10' side lot line 10, 10' Bldg height ei 45 22 � Impervious max. 75% 69% The site consists of several individual parcels. These will be combined into one tax parcel as a condition of approval. Growth Management and MUSA: The site currently is not within the MUSA With the adoption of the comprehensive plan,the City has a MUSA reserve. As stated in the comprehensive plan and reiterated in Ordinance 01-03,the Growth Management Policy, we have commercial/industrial MUSA reserve. This can be allocated anytime prior to year 2010. The current balance of commercial MUSA reserve is 73 acres, and the VFW project will require 2.24 acres. The site is within a Stage 1 growth area;which allows for utility extension prior to year 2010. It is guided for commercial land use. It will not overburden the transportation; sanitary sewer, or water infrastructure and the development is not premature according to the standards listed in City ordinance and incorporated into the growth management policy. Sanitary sewer and water service exist in Lake Drive. SITE PLAN AND CONDITIONAL USE PERMIT Building: The building reflects the design elements of the City Hall, Community State Bank, and other buildings along Lake Drive. These include a peaked, green metal, roof,masonry walls,and earthtone colors: buff,red,and charcoal. The average height of the pitched roof is 22 ft. This is the technical building height, according to the definition in the zoning ordinance. (The roof peak will be approximately 30 ft.high.) The building footprint is approximately 11,500 sf. The faux chimneys on the building entrance gable ends echo the theme of other buildings in Lino Lakes. Fire suppression sprinklers will be required: Circle-Lex VFW page 3 The trash enclosure on the east side of the building will be constructed of materials to match the principal building. The existing garage,not shown on the survey,must be removed. The building is set back from Lois Lane 70'. The parking is set back 15'. Since the Lois Lane side is the shorter fronting on a road, it is considered the front for measuring setbacks. This makes the east the side lot line,where the setback of 20' complies with the requirement. The following discussion addresses setbacks from Lake Drive. Variance: The existing Lake Drive right of way is not of consistent width along the entire property. It is 40' from the centerline along the southern portion,then 50' along the northern portion. The VFW is proposing to dedicate additional right of way to provide for future needs and make the right of way consistent. An additional 20' will be dedicated on the south, and an additional 10' along the north. This will result in a consistent 60' from centerline. Future right of way width recommended for this arterial is 120' total. Additional width will be obtained when/if land on the west side of the road subdivides. (In fact,the Crystal Cove plat will dedicate an additional 10'.) This squeezes the site a little. In order to fit the proposed building and parking drive,the VFW is requesting a setback variance. The required setback from an arterial roadway (Lake Drive, CSAH 23) is 40'. The building will be approximately 34'from the new property line. The parking drive will be about 5' from the line instead of the required 15'. The full right of way will be in place. This eliminates concern about additional roadway needs and public costs of condemning land and,possibly, demolishing buildings or other facilities.The building will be six feet closer than normally required. The parking drive will be 9.5' closer than normally required. The main issue here is the 5+' of land for landscaping. It is difficult to provide extensive landscaping and screening. However, there is little screening along Lake Drive in this commercial area. The project will significantly improve the appearance of the site,including landscaping. Lighting: Light fixtures in the parking lot will be on six poles. Three,in the northern parking area,will have two fixtures each. One single fixture will be near the Lois Lane driveway, and two others in the southern parking area. The submitted photometric plan indicates that lighting meets city standards: no more than 0.4. foot candles at the residential property line to the east,and no more than 1.0 at street right of way lines. The exterior building lighting is included. The submitted fixture cut sheets show 90 degree cut off fixtures in compliance with city requirements. The lighting under the north and south entry canopies is completely recessed, similar to what the current ordinance requires for motor fuel station canopies. Signage: No additional ground signs are indicated on the plan. An area of the south wall indicates an area.for wall signage. The VFW will remove the existing pylon sign. Signage is governed by the City's sign ordinance and permits are required for all signs. All signs will be reviewed with the sign permit applications. Circle-Lex VFW Page 4 Landscaping, Screening: As shown on the landscape plan, a variety of trees,shrubs and ornamental plantings are proposed on site. A new six-foot, cedar privacy fence is proposed,to continue the segment of existing fence, which will extend along the residential property lines on the east. This provides screening for those lots. The fence also will be built along other property lines. Only the street sides will not be fenced. Plantings labeled"vide"that were not listed in the plant list have been identified. The City native seed schedule should be used in infiltration and ponding areas. Utilities: The VFW site currently is not within the MUSA,but the City has plenty of commercial MUSA reserve to accommodate the needed 2.24 acres needed. Water and sanitary sewer service are available to serve the site in Lake Drive. The existing VFW building has a well and onsite septic system.. Both are in locations that will be completely or partially covered by the new building. If the existing building is to continue operating during construction of the new building,there must be a way to p g supply water and dispose of wastewater. The new plans show temporary connections to city utilities as well as the permanent connections. As a condition of plan approval,utility related modifications and comments as.set forth in the City Engineer's memo should to be incorporated into the final plans. Stormwater management: The new plan proposes ponding along the northern and eastern borders of the site. (Ponds proposed within the Lake Drive right of way on earlier plans have been eliminated.) The City Engineer review is attached. Drainage and utility easements must be created over all ponds. The applicant will be. required to enter into a ponding maintenance agreement with the city. As a condition of plan approval,the grading and drainage related modifications and comments as set forth in the City Engineer's memo should be incorporated into the plans. The residential properties on the east have wells. State law requires that there must be at least 50' separation between a well and a stormwater pond. The applicant has submitted `information stating that the wells are in front of the two houses to the southeast(785 and 793 Lois Lane). Further east,the next house is several hundred feet away and the well is in front of the house. Access, Circulation,Parking: Right Of Way Lake Drive is CSAH 23, a principal arterial roadway. Ultimately, Anoka County will need 60 feet of right of way on each side of the centerline for Lake Drive,for a total width of 120 feet. There is some discrepancy over the current width of the Lake Drive right of way. The half-section shows the right of way as 100' along the entire frontage of the site. The submitted survey,however,shows a jog in the property/right of way line: the total ROW is 100 feet along the northern part of the property,but only 90' along the southern part. Circle-Lex VFW page 5 As explained above under"variance",the VFW is proposing to dedicate additional ROW to create an even line, a consistent 60' from the centerline. Access, Circulation Current access to the site is not well defined. Neither Lake Drive nor Lois Lane have curbs. Access occurs along the property line,not necessarily by defined driveways. Anoka County is planning to construct a median in the future as part of Lake Drive improvements. This'will restrict access to many properties, as it will eliminate left turns in and out of many driveways. The improved site will be accessed from two driveways,one each on Lake Drive and Lois Lane. A full access through a future Lake Drive median may have better_ probability if the driveway aligns with a public road(79t' St.),though this is not assured. Whether or not the median is constructed,the Lake Drive driveway should align with 79d' St.for a safe"intersection",even if it's only for the interim. The January 21 plans show this alignment. The Lois Lane driveway is as far back from the Lake Drive intersection as possible while still providing the minimum 10' setback from the side property line. The plan proposes two distinct parking areas. The smaller area on the south side is intended to accommodate the bar and restaurant. The northern area will serve the assembly hall.The parking lots and driveways will be asphalt with curbs. In the northern area,the drive lane that parallels Lake Drive has the potential to connect with a parking area on property to the north when it develops. This serves as a de facto frontage road. With the likelihood of a median in Lake Drive,access for both sites will be better if they can use one anther's driveway. 'It increases the number of Lake Drive driveways available for each site from one to two, while only building one on each site. This will require a cross access easement for both sites. Because Lake Drive is an arterial,it will be a good idea to require a stop sign for vehicles exiting the parking lot onto Lake Drive. Parking For bars and restaurants, our code requires 10 spaces per 1000 sf,plus one space per employee on the maximum shift. This criterion was applied to the whole building when the American Legion was reviewed. Zoning Ord. Req. Required Stalls Provided 10 spaces/1000 sf bar/restaurant area 1879 sf plus 1/employee reception area 4549 sf total 6428 sf 64 employees bar 8 18 reception(estimate) 10 total 18 total 82 -90 Circle-Lex VFW Page 6 Much of the existing parking will be within the construction area, so much parking will be eliminated for the existing building. The VFW has submitted a sketch demonstrating that about20 cars can park on the site during the construction period. Some additional parking could occur on 79t' St. Conditional Use Permit There are general criteria for all CUPs and specific conditions that apply to private clubs. General Criteria: The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: 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. • The proposed project creates no conflicts with the plans. b. The proposed development application is compatible with present and future land uses of the area. • The site has been used for the same use for many years. The increase in size of the building will not create incompatibilities as long as the use complies , with the performance standards and conditions. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • The proposal complies with the zoning ordinance requirements if the variances are approved. d. Traffic generated by a proposed development application is within the capabilities of the City when: 1) If the existing level of service (LOS) outside of the proposed subdivision is A or B,traffic generated by a proposed subdivision will not degrade the level of service more than one grade. 2) If the existing LOS outside of the proposed subdivision is C,traffic generated by ` a proposed subdivision will not degrade the level of service below C. 3) If the existing LOS outside of the proposed subdivision is D,traffic generated by a proposed subdivision will not degrade the level of service below D. 4) The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F,the subdivision developer must provide, as part of the proposed project, improvements needed to 'ensure a level of service D or better. • 5) Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the proposed subdivision or the developer will pay to correct any structural deficiencies. 6) The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Circle-Lex VFW Page 7 Plan. However,the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. 7) The LOS requirements in paragraphs a. to d. above do not apply to the I 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion,interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project,how this traffic contributes to the total traffic,and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties,that contribute to traffic at the interchange. 8) The City does not relinquish any rights of local determination. • Traffic generated by the new building will increase somewhat over the existing use,but is not expected to create ongoing traffic problems. Large events will bring additional vehicles periodically. However,the number of vehicles likely will not create a safety hazard or significant impacts. The Apollo-Drive and Main St. intersections with Lake Drive both are controlled intersections. If, in the future,traffic becomes an issue,the City can revisit the CUP and consider adding additional conditions such as traffic control personnel for large events. 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 new building will be connected to city water and sanitary sewer. 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. 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 project will create no such undesirable effects. i. Will not result in the destruction, loss, or damage of a natural,scenic or historic feature of major importance. • No such features exist on the site. Specific CUP Conditions: Private lodges and clubs are allowed as conditional uses in the GB zone provided that: a. Adequate screening from abutting and.adjoining residential uses and landscaping is provided. b. Adequate off-street parking and access is provided and that such parking is adequately screened and landscaped from adjoining and residential uses. c. Adequate off-street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of this Ordinance. - Circle-Lex VFW page 8 • The review has discussed these issues, and they are addressed in the plans and conditions of approval. ENVIRONMENTAL BOARD ACTION The Environmental Board reviewed the project on October 29, 2003. The Board's recommendations are attached. PLANNING & ZONING BOARD The P &Z conducted a public hearing over several meetings and on January 14 recommended approval of the project with conditions. CONDITIONS OF APPROVAL The project approval should be subject to the following conditions: _f 1. The separate parcels shall be combined into one tax parcel. The applicant must submit documentation that a lot combination has been filed with Anoka County prior to issuance of a building permit. 2. Additional right of way shall be dedicated to Anoka County for Lake Drive,as indicated on the plans. A deed for this right of way shall be filed prior to building , permit issuance. 3. The 50' separation between existing wells on all adjacent residential properties and the proposed stormwater ponds must be noted on construction plans. 4. Drainage and utility easements must be created over all ponds. Deeds fo,r these easements shall be provided to the City prior to.building permit issuance. 5. Drainage and utility easements shall be dedicated, 10 feet in width, along all lot lines. Deeds for these easements shall be provided to the City prior to building permit issuance. 6. The new building must connect to city water and sanitary sewer and pay appropriate_ connection charges. 7. Any existing septic systems or wells must be properly abandoned according to law. 8. The height of plantings near the driveway must not interfere with sight lines. 9. The City native seed schedule shall be used in infiltration and ponding areas. Circle-Lex VFW page 9 10. Issues listed in the February 3,2004 memo by the City Engineer must be resolved to his satisfaction. 11. A stop sign shall be installed for the Lake Drive driveway. 12. All necessary permits shall be obtained by the applicant from Anoka County for work in the Lake Drive (CSAH 23) right of way. 13. Lighting must be as shown on submitted plan and fixture cut sheets. 14. Signage is governed by the City's sign ordinance and permits are required for all signs. 15. The VFW shall enter into a site performance agreement prior to issuance of a building permit. 16. The VFW must agree to a mutual cross-access easement with the property to the north when that property develops. 17. If parking or traffic generation create problems in the future,the City may impose additional requirements to resolve such issues. 18. Project approval includes approval of setback variances to allow the building to be 34 feet from the new Lake Drive right of way, and the parking drive to be 5 feet from the new Lake Drive right of way. OPTIONS -1. Approve Resolution 04-18 approving the allocation of MUSA reserve,conditional use permit amendment, and variance for setbacks from Lake Drive,with the conditions listed. 2. Deny the application. 3. Return to staff with direction. RECOMMENDATION Option 1 Circle-Lex VFW page 10 - This review is based on the following submittals, received December 18, 2003 unless otherwise noted: 1. Site Plan, DSGW,received January 21,2004 2. Grading Plan, Metro Land Surveying& Engineering, received January 21,2004 3. Utility Plan,Metro Land Surveying&Engineering,received January 21,2004 4. Memo from Michael J. Thomas,DSGW,December 4,2003, rec'd. January 21,2004 5. Letter from Brian Bourassa,Metro Land Surveying&Engineering, January 20,2004, rec'd. January 21, 2004. 6. Wall Section, December 18,2003 7. Floor Plan,DSGW, July 7, 2003 8. Exterior Elevations,DSGW,July 7, 2003 9. Landscape Plan,DSGW,December 18,2003 10.Landscape Details, DSGW,December 18, 2003 11.Photometric Lighting Analysis,Engineering Design Initiative, December 18, 2003 12.Boundary and Topographic Survey, E.G. Rud& Sons,Inc., 9/05/03,rec'd 10/10/03 13. Code Data,DSGW, 10/9/03,rec'd 10/10/03 14.Floor Plan,DSGW, 10/9/03,rec'd 10/10/03 15. Exterior Elevation,DSGW, 10/9/03,rec'd 10/10/03 16. Building Section, DSGW, 10/9/03,rec'd 10/10/03 • Record ID 1727531 C l, F N Sk CITY OF LINO LAKES CERTIFICATION RESOLUTION 04-18 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 1987531 . 008 I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 04-18 approving the allocation of 2.24 acres of commercial MSUA, approving the amendment of a conditional use permit, and approving variances for setbacks, for the Circle-Lex VFW site, 7868 Lake Drive, as approved by the Lino Lakes City Council on February 9, 2004, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on September 13, 2006. Altyerk 600 Town Center Parkway,Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 04-18 RESOLUTION APPROVING THE ALLOCATION OF 2.24 ACRES OF COMMERCIAL MUSA,APPROVING THE AMENDMENT OF A CONDITIONAL USE PERMIT,AND APPROVING VARIANCES FOR SETBACKS,FOR THE CIRCLE-LEX VFW SITE, 7868 LAKE DRIVE WHEREAS,the City has received an application for an amendment of a conditional use permit to allow a the construction of a new building for the Circle-Lex VFW, a private club; and WHEREAS,the subject property currently is zoned GB General Business; and WHEREAS,private clubs is a conditional use in the GB zone and the VFW has an existing conditional use permit; and WHEREAS,the legal description of the property is: (see ATTACHMENT A) and WHEREAS,the site currently is not within the existing boundaries of the Metropolitan Urban Service Area(MUSA)but the requested MUSA allocation is consistent with the comprehensive plan and growth management policy because: • the site is guided for commercial use in the comprehensive plan, • the site is in a Stage 1 growth area • the City has MUSA reserve available for commercial development • the proposed development is not premature and WHEREAS, at their meeting on January 14, 2003,the Planning& Zoning Board held a public hearing and recommended approval subject to conditions; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the allocation of 2.24 acres of commercial MUSA for the site, and; BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby approves the amendment to the conditional use permit, with the following conditions: 1. The separate parcels shall be combined into one tax parcel. The applicant must submit documentation that a lot combination has been filed with Anoka County prior to issuance of a building permit. 2. Additional right of way shall be dedicated to Anoka County for Lake Drive, as indicated on the plans. A deed for this right of way shall be filed prior to building permit issuance. 3. The 50' separation between existing wells on all adjacent residential properties and the proposed stormwater ponds must be noted on construction plans. 4. Drainage and utility easements must be created over all ponds. Deeds for these easements shall be provided to the City prior to building permit issuance. 5. Drainage and utility easements shall be dedicated, 10 feet in width, along all lot lines. Deeds for these easements shall be provided to the City prior to building permit issuance. 6. The new building must connect to city water and sanitary sewer and pay appropriate connection charges. 7. Any existing septic systems or wells must be properly abandoned according to law. 8. The height of plantings near the driveway must not interfere with sight lines. 9. The City native seed schedule shall be used in infiltration and ponding areas. 10. Issues listed in the February 3,2004 memo by the City Engineer must be resolved to his satisfaction. 11. A stop sign shall be installed for the Lake Drive driveway. 12. All necessary permits shall be obtained by the applicant from Anoka County for work in the Lake Drive (CSAH 23)right of way. 13. Lighting must be as shown on submitted plan and fixture cut sheets. 14. Signage is governed by the City's sign ordinance and permits are required for all signs. 15. The VFW shall enter into a site performance agreement prior to issuance of a building permit. 16. The VFW must agree to a mutual cross-access easement with the property to the north when that property develops. 17. If parking or traffic generation create problems in the future,the City may impose additional requirements to resolve such issues. Resolution 04-18,page 2 18. This approval is based on the following plans and related correspondence: • Site Plan, DSGW,received January 21, 2004 • Grading Plan, Metro Land Surveying&Engineering, received January 21, 2004 • Utility Plan, Metro Land Surveying & Engineering, received January 21, 2004 • Memo from Michael J. Thomas, DSGW, December 4, 2003,rec'd. January 21, 2004 • Letter from Brian Bourassa, Metro Land Surveying& Engineering, January 20, 2004, rec'd. January 21, 2004. • Wall Section, December 18, 2003 • Floor Plan, DSGW, July 7, 2003 • Exterior Elevations, DSGW, July 7, 2003 • Landscape Plan, DSGW, December 18,2003 • Landscape Details, DSGW, December 18, 2003 • Photometric Lighting Analysis, Engineering Design Initiative, December 18, 2003 • Boundary and Topographic Survey, E.G. Rud& Sons, Inc., 9/05/03, rec'd 10/10/03 • Code Data, DSGW, 10/9/03,rec'd 10/10/03 • Floor Plan, DSGW, 10/9/03,rec'd 10/10/03 • Exterior Elevation, DSGW, 10/9/03, rec'd 10/10/03 • Building Section, DSGW, 10/9/03, rec'd 10/10/03 BE IT FURTHER RESOLVED that the Lino Lakes City Council hereby approves setback variances to allow the building to be 34 feet from the new Lake Drive right of way, and the parking drive to be 5 feet from the new Lake Drive right of way. Adopted by the Lino Lakes City Council this 9th day of February, 2004 John JlBergefon, Mayor ATTEST: Ann Blair, City Clerk Resolution 04-18,page 3 ATTACHMENT A City of Lino Lakes Resolution 04-18 Legal Description All of Lot 8 and that part of Lot 7; AUDITOR'S SUBDIVISION No. 100, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, lying Southerly of the following described line: Beginning at a point on the easterly line of and 20 feet Northerly from the southeast corner of said Lot ; thence Northwesterly to a point on the westerly line of said Lot ; said point being 150 feet northeasterly from the southwesterly corner of said Lot 7 (as measured along said westerly line) and there terminating, EXCEPTING therefrom any part lying within the Plat of Anoka County Highway Plat No. 17: And, That part of Lot 9, Auditor's Subdivision No. 100, Anoka County Minnesota described as follows: Commencing at a point on the Southerly line of said lot a distance of 234 feet Westerly of the southeast corner thereof,'thence Northerly on a line, (if projected would intersect the Northerly line of said lot at a point 200 feet Westerly of the northeast corner thereof), for a distance of 101.6 feet to point of beginning,'thence continuing Northerly on last described line 134.3 feet, more or less, to the Northerly line of said lot; thence Westerly on the Northerly line of said Lot 151.28 feet, more or less, to the Northwest corner thereof;'thence Southwesterly on the Westerly line thereof, also being the Easterly right-of-way line of State Trunk Highway No.8 for a distance of 100 feet,'thence Southeasterly 183.67 feet,more or less, to point of beginning. And, That part of Lot 9, Auditor's Subdivision No. 100, Anoka County. Minnesota, lying Westerly and Southerly of the following described line: Beginning at a point on the southerly line of said Lot 9 a distance of 234 feet Westerly of the southeast corner thereof;. thence Northerly on a line (if projected would intersect the northerly line of said lot at a point 200 feet Westerly of the northeast corner thereof) for a distance of 101.6 feet; thence Northwesterly to a point on the westerly line of said lot a distance of 100 feet, (as measured on said westerly line) Southwesterly of the northwest corner thereof; and there terminating. Together with that part of vacated Lois Lane. And, Together with that part of vacated Lois Lane, also being described as that part of the north 8 feet of Lot 10,Auditor's Subdivision No. 100,Anoka County; Minnesota, accruing thereto by reason of the vacation thereof(Document No. 510488). And, Also the Westerly 1.0 feet of the Northerly 134.31 feet of that part of Lot 9, Auditor's Subdivision No. 100, Anoka County, Minnesota, described as follows: Beginning at a point on the southerly line of said Lot 9 a distance of 120 feet Westerly of the southeast corner of said lot; thence Westerly on said southerly line a distance of 114 feet; thence Northerly to a point on the northerly line of said lot a distance of 200 feet Westerly of the northeast corner thereof,' thence Easterly on said northerly line a distance of 90 feet; thence Southerly to point of beginning. ANOKA COI Document No.: 1987531.008 ABSTRACT I hereby certifi that the within instrument was tiled in this office for record on: 09 14-'2006 1:43:00 P'11 Fees-'Taxes In the Aniount of: $46.00 MAt 1REEN J. DEVINE Anoka County Property Tay: Administrator/Recorder Registrar of Titles LBS, Deputy Record ID: 1727531