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HomeMy WebLinkAbout2004-068 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 04 - 68 RESOLUTION AUTHORIZING EXECUTION OF DEVELOPMENT AGREEMENT, EAGLE BROOK ADDITION. WHEREAS, the City Council approved the preliminary plat of the Eagle Brook Addition on March 22, 2004, and WHEREAS, the City's subdivision ordinance and conditions of approval require the execution of a development contract, between the Developer and the City of Lino Lakes, prior to commencement of site construction activities and final plat approval to insure satisfactory completion of public improvements. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the Development Contract with Eagle Brook Church for Eagle Brook Addition and authorizes the Mayor and City Clerk to execute such agreement on behalf of the city. Adopted by the Lino Lakes City Council this 24th day of May, 2004. Ann J. BI rj, City Clerk John erg son, ayor • AGENDA ITEM 6Cii STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: May 24, 2004 TOPIC: Resolution No. 04 - 68, Authorizing Execution of Development Agreement, Eagle Brook Addition Vote Required: Simple Majority BACKGROUND: The City Council approved the preliminary plat of Eagle Brook Addition on March 22, 2004. The Eagle Brook Addition is located on 90+ acres on the west side of 20th Avenue, about % mile north of 77th Street. Site grading and construction on the site shall not begin prior to June 1, 2004. Well drilling shall not begin prior to July 15, 2004. In accordance with the preliminary plat approval and City policy, staff has prepared a Development Agreement the Eagle Brook Addition. The agreement provides for the following: • 1. Submittal by the developer of a Letter of Credit in the amount of $2,390,000.00 representing 150 percent of the development improvement costs and a Letter of Credit in the amount of $9,200.00 representing 35 percent of the City improvement costs to insure completion of the project in accordance with the approved plans. 2. Deposit of a cash escrow in the amount of $82,500.00 to reimburse the City for costs incurred by the City related to the development and improvements of the site and developer improvements. Eagle Brook Church has reviewed the contract and is aware of the conditions set forth. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution Number 04 — 68, Authorizing Execution of Development Agreement, Eagle Brook Addition. 3. Not adopt Resolution Number 04 - 68. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution Number 04 - 68 be adopted. • • DEVELOPMENT CONTRACT Eagle Brook Church THIS AGREEMENT made this 24th day of May, 2004, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota, 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Eagle Brook Church of White Bear Lake, Minnesota, a non -profit corporation, whose address is 5212 130th Street North, White Bear Lake, Minnesota 5511Q hereinafter referred to as the "Developer ". WHEREAS, the Developer has received preliminary plat approval from the City Council for a plat of land within the corporate limits of the City known as Eagle Brook Addition, hereinafter called "Subdivision ", said land is legally described to -wit Lots 1 and 2, Block 1, EAGLE BROOK ADDITION, Anoka County, Minnesota, WHEREAS, the Developer is to be responsible for the installation and financing of certain private improvements within the Subdivision; and WHEREAS, the City Subdivision Ordinance and Minnesota Statute 462.358 authorize the City to enter into a performance contract secured by cash escrow or other security to guarantee completion and payment of such improvements following final approval and recording of final plat. herein, NOW, THEREFORE, in consideration of the mutual promises of the parties made IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: as follows: I. DESIGNATION OF IMPROVEMENTS A. Improvements to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Developer Improvements ". B. Any improvements to be installed by the City and financed by the Developer are hereinafter referred to as "City Improvements ". • • Development Contract Eagle Brook Church 5 -24 -2004 II. DEVELOPER IMPROVEMENTS A. The Developer's Engineer shall prepare, at the Developer's expense the following, a grading plan, plans for improving portions of CSAH 14, CSAH 21, and the Northbound I -35E Exit Ramp at CSAH 14 all as further described in City Council Resolution 04 -17 (attachment C), a utility plan, and a surface water management plan. The Developer shall secure contractors to install these improvements; said contractors shall be approved by the City; such approval shall not be unreasonably withheld. All Developer Improvements shall require City inspection and approval and, where appropriate, the approval of any other governmental agency having jurisdiction. The Developer will construct and install at Developer's expense the following improvements according to the following terms and conditions: 1. Grading Plan a) A final site grading plan, including certified wetland delineation, with maximum two -foot contours and cross sections as necessary shall be submitted and approved by the City prior to commencement of any site grading. 2. Erosion Control Plan a) The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction. Said plan shall be approved by the City prior to the commencement of site grading or construction. b) The Developer shall submit a landscaping plan and a management plan shall for certain prairie areas to be established at the Property. These plans shall be approved by the City prior to the commencement of site grading. 3. Tree Preservation Plan a) Developer will provide a tree preservation plan prior to any site grading which shall be in accordance with the City Tree Preservation Policy. b) The Developer shall remove, dispose of, or treat all dead and diseased trees in accordance with the City Forester's recommendation. 4. Grading and Erosion Control Construction & Maintenance a) Prior to the commencement of site grading and erosion control, the Developer shall complete items II.A.1, II.A.2, and lI.A.3 as listed above. page 2 -50- • • Development Contract Eagle Brook Church 5 -24 -2004 b) The Developer shall grade the site to within 0.2 foot of the grades shown on the approved grading plan. No deviations will be allowed unless a revised plan is submitted and approved by the City and all other regulatory agencies. c) All development shall conform to the natural limitations presented by the topography and soil of the Subdivision in order to create the best potential for preventing soil erosion. d) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City shall be installed prior to development when necessary to control erosion. e) Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. f) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. All disturbed areas shall be seeded consistent with the landscaping plan and prairie management plan. h) Drainage swales, ditches, storm water storage ponds and other high - risk erosion areas shall be protected from erosion. i) The Developer shall protect streets from erosion deposits, including the use of roadside silt fences, roadside sod strips, catch basin rock bale inlet protection, rock construction entrances, straw mulch, and/or street sweeping as appropriate. The Developer's engineer shall certify, in writing with an as -built survey, that all grading complies with the grading plan. g) J) 5. The Developer shall perform the grading, subbase, gravel base, bituminous course, and concrete curb and gutter as shown on the plans. 6. The Developer shall construct at its sole cost all storm sewers, a wastewater treatment system, and a potable water well at the Property consistent with all applicable laws and regulations. 7. The Developer shall place iron monuments at all lot and block comers and at all other angle points on boundary lines. Iron monuments shall be placed after site work has been completed in order to preserve the lot markers for page 3 - 51 - • • Development Contract Eagle Brook Church 5 -24 -2004 future property owners. Lot corner irons shall be installed so that the top of the iron corresponds to the finished ground elevation in accordance with the approved grading plan - guard stakes shall be appropriately installed to mark these irons. 8. The Developer agrees to maintain to the building site an access road suitable for use by emergency, police and fire department equipment. The adequacy of such road shall be the sole determination of the City. Furthermore, such access road shall be located no more than 150 feet from the church structure within the site. 9. The Developer shall promptly clear dirt and debris, within public right -of- ways, and drainage and utility easements, resulting from construction by the Developer within five (5) days after notification by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the streets become impassable, such streets shall be barricaded and closed. The Developer shall maintain a smooth, hard driving surface and adequate drainage on any temporary streets. 10. Street Lighting: a) Street lighting shall be installed as required by City Council Resolution 04 -17 at the Developer's expense and shall be owned by the City. Such street lighting system shall be installed, operated, and maintained by the electric utility company. City and electric utility company may enter into a contractual agreement on the rate and maintenance of the street lighting system. b) It shall be the responsibility of the Developer to pay for street lighting operation charges for the initial 15 months of operation of the system. 11. The Developer shall be responsible for securing all site grading and development approvals and permits from all appropriate Federal, State, regional and local jurisdictions prior to the commencement of site grading or construction. 12. The Developer shall make provision that all gas, telephone, cable TV and electric utility designs be submitted to the City for review and approval prior to installation. Following review and approval by the City, the Developer shall insure that all installations comply with applicable City, County and State design standards and show proof of security arrangements with said utility companies. 13. Cost of Developer Improvements and a description of same are as shown on Attachment A. page 4 -52- Development Contract Eagle Brook Church 5 -24 -2004 14. Construction of Developer's Improvements: a) The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. b) All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. c) Prior to the acceptance of Developer Improvements by the City, the Developer shall obtain final plat approval and record the final plat. d) All construction debris and trash shall be properly disposed of at the Developer expense and in a timely manner as determined by the City. 15. The improvements to CSAH 14, CSAH 21, and the Northbound I -35E Exit Ramp, as described in City Council Resolution 04 -17, shall be completed at the Developer expense. The Developer must obtain all necessary approvals from Anoka County and the Minnesota Department of Transportation. The Developer is responsible for acquiring any necessary right -of -way, temporary easements, or permanent easements for the construction of the CSAH 14, CSAH 21, and Northbound I -35E Exit Ramp improvements. 16. The Developer shall construct and pay for all improvements as described in the landscaping plan. 17. Guarantee a) Faithful Performance of Construction Contracts and Letters of Credit (1) The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer Improvements and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Improvements. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150 %) percent of the total estimated cost of Developer's Improvements. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and page 5 -53- • • Development Contract Eagle Brook Church 5 -24 -2004 construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this Contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. b) Reduction of Escrow Guarantee. (1) The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer Improvements the City shall require a Performance Bond or Cash Escrow to cover the one -year warranty provisions of the agreement. The amount shall be reasonably determined by the City Engineer. III. CITY IMPROVEMENTS A. No City improvements. IV. RECORDING AND RELEASE A. The Developer agrees that the terms of this Development Contract shall be a covenant on any and all property included in the Subdivision. The Developer agrees that the City shall have the right to record a copy of this Development Contract with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Subdivision described on Page 1 hereof. V. REIMBURSEMENT OF COSTS A. The Developer agrees to establish a non - interest bearing escrow account with the City in an amount determined by the City Administrator or his designee for the payment of all costs incurred by the City related to the development of the Subdivision and the Developer Improvements including, but not limited to, the following (See Attachment B for breakdown of costs): 1. Plat Review Fee 2. Planner Review Fee 3. Administration - 3% Construction Cost page 6 -54- Development Contract Eagle Brook Church 5 -24 -2004 4. Engineering a) Administration 5. Legal - Plat Review 6. Publications 7. Tree Preservation Policy 8. Street Lighting - Install /Operate 9. Traffic Signing Improvements 10. Street - Storm Sewer - Pond Maintenance 11. Aerial Photo Recovery Cost B. If the above escrow amounts are insufficient, the Developer shall make such additional deposits as reasonably required by the City. The City shall have a right to reimburse itself from the Escrow upon notice to the Developer, with suitable documentation supporting charge. VI. BUILDING PERMITS A. The Developer agrees that building permits may be issued upon approval of the Final Plat by the City Council at which time all required Financial Security shall be in place with the City and fulfillment of applicable City Council Resolution 04 -17. B. Each lot must comply with erosion control measures to prevent any material from leaving the lot. The City of Lino Lakes will not perform any requested inspections on the lot until it complies to the erosion control requirements. C. Each lot must have a City approved Certificate of Grading showing the as -built survey prior to an issuance of a Certificate of Occupancy. It shall be the responsibility of the Developer, its purchasers, builders or contractors to ensure compliance with the grading plan. VII. HOURS OF CONSTRUCTION ACTIVITY A. All construction activity shall be limited to the hours as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed B. Site Grading and construction on the site shall not begin prior to June 1, 2004. C. Well drilling shall not begin prior to July 15, 2004. page 7 -55- Development Contract Eagle Brook Church 5 -24 -2004 VIII. OWNERSHIP OF IMPROVEMENTS A. Upon completion of the work and construction required by this contract and acceptance by the City, the improvements lying within the public easements other than those easements granted to the Rice Creek Watershed District shall remain the property of the Developer. IX. INSURANCE A. Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the Developer Improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its contractors or subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; limits for property damage shall be not less then Two Hundred Thousand and no /100 ($200,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE A. The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this contract, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY A. If a portion, section, subsection, sentence, clause, paragraph or phrase in this contract is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Development Contract. XII. GENERAL A. Binding Effect 1. The terms and provisions hereof shall be binding upon and insure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. page 8 -56- • • • Development Contract Eagle Brook Church 5 -24 -2004 B. Notices 1. Whenever in this agreement it shall be required or permitted that notice or demand be given or served by either parry to this agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Final Plat Approval 1. The City agrees to give final approval to the plat of the Subdivision in accordance with section VII upon execution and delivery of this agreement and all required petitions, bonds, security, and documents as required by City Council Resolution 04 -17 (attachment C). XIII. VIOLATIONS/BUILDING PERMITS A. In the event that Developer violates any of the covenants and agreements contained in this Development Contract and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits and/or Certificate of Occupancies to any property within the Subdivision until such time as such default has been corrected to the satisfaction of the City. XIV. PARK DEDICATION A. No Park dedication shall be required of the Developer. XV. PROPERTY TAXES A. All real property taxes that are due and payable for the entire Subdivision for the year in which final plat is recorded shall be paid by the Developer at the time the final plat is recorded. page 9 -57- • Development Contract Eagle Brook Church 5 -24 -2004 CITY OF LINO LAKES B Y John L. Be eson, ayor ATTEST: Q� By ' Ann Blast, City Clerk DEVELOPER: • STATE OF MINNESOTA ) ) SS • COUNTY OF ANOKA EAGLE BROOK CHURCH OF WHITE BEAR LAKE, MINNESOTA By Its On this day of , 2004. before me, a Notary Public within and for said County, personally appeared John L. Bergeson, Mayor and Ann Blair, City Clerk, to me known to be respectively the Mayor and City Clerk of the City of Lino Lakes, a Minnesota municipal corporation and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said municipal corporation. Notary public page 10 - 5 8 - • Development Contract Eagle Brook Church 5 -24 -2004 STATE OF MINNESOTA ) ) SS COUNTY OF ANOKA ) On this day of , of 20041 before me, a Notary Public within and for said County, personally appeared the of Eagle Brook Church of White Bear Lake, Minnesota, a Minnesota non -profit corporation , and that they executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said non -profit corporation. This Document Drafted By: • City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 • Notary Public page 11 - 59 - Development Contract Eagle Brook Church 5 -24 -2004 • ATTACHMENT A • • page 12 -60- • - 6 1 - Resolution 04 -17, page 8 Development Contract Eagle Brook Church 5 -24 -2004 • ATTACHMENT B • • page 13 -62- ATTACHMENT B CITY FEES DEVELOPER INSTALLED IMPROVEMENTS PROJECT NAME: Eagle Brook Addition APPLICANT: Eagle Brook Church BUDGET ITEM NECESSARY IMPROVEMENTS COST 1 PLANNING /REVIEW A. Plat Review Fee B. Planner Review Fee 2 ENGINEERING A. Plan /Plat/Grading Review B. Preparation of Plans & Specs. C. Construction Services D. Construction Staking E. City Engineering 3 ADMINISTRATION A. Administration Fee - 3% of const. B. Legal C. Publications 4 DEVELOPMENT FEES A. Park Dedication B. Sealcoating Fee C. Aerial Photo Fee BOULEVARD TREE PLANTING DEVELOPMENT SECURITIES A. Tree Preservation B. Street Lighting - installation C. Street Lighting - operation D. Traffic Signing E. Street, St. Swr., Pond Maint. F. Other - Property Tax, FEMA TOTALS: NOTE $19,100 b $2,500 b $0 b $0 b $0 b $0 b $0 b 3% of const. a $1,000 b $1,000 b $1,665 d a 90 /unit a b $500 b $1,960 b $250 b $1,000 b b b Total SECURITY AMOUNTS TO BE POSTED X = DEV. IMPROVEMENT COSTS X 1.5 (LETTER OF CREDIT) Y = CITY IMPROVEMENT COSTS X 0.35 (LETTER OF CREDIT) Z = CITY FEE COSTS X 1.0 (CASH ESCROW) NOTE a: Cost by City policy b: Estimated Cost or Budget by City c: Previously Assessed d: Cash Requirement per Agreement with Park Board e: Provided by Developer f: Estimate by Feasibility Study • NUMBER OF REU's: ASSESSED AREA (ac.): DEVELOPER CITY IMP.(X) IMP.(Y) 0 8 ESCROW AMOUNT (Z) $19,100 $2,500 $5,000 $0 $20,000 $0 $5,000 $18,000 $1,000 $1,000 $0 $0 $180 $0 $500 $3,920 $500 $1,000 $4,800 $0 $0 0 $82,500 Att. A Att. B Total $2,390,000 $0 $2,390,000 $9,200 $0 $9,200 $0 $82,500 $82,500 - 6 3 5/17/2004 attachments 5- 24- 04.xls • ATTACHMENT C 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. 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 g. - 6 5 - Resolution 04 -17, page 2 • project will generate traffic. The traffic impacts were the subject of extensive analysis and there is no clear public safety danger. i. The proposed development 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. Resolution 04 -17, page 3 -66- • • g. The provisions of Section 2, Subd. 2. of this Ordinance are considered and satisfactorily met. • 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. 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. b. During church worship services and large events, the northern driveway shall be entry only and the south driveway shall be exit only. 5. Within 60 days, 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. Additional meetings shall be held as determined by the Chief of Police. 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. - 67 - Resolution 04 -17, page 4 • 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. 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 westbound right turn lane at the CSAH 14 /CSAH 21 intersection will function as demonstrated in the submitted traffic analysis. The church must make any improvements to the turn lane as 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. - 6 8 - Resolution 04 -17, page 5 • 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 building permit. The church is responsible for submitting to the City proof of the agreement. Access to the Conservation Easement Area shall be restricted and /or prohibited during the nesting season of the Great Blue Herons and other significant waterfowl. Access may be granted for observational and/or research purposes. Access will also be permitted for maintenance and management purposes in accordance with the approved management plan. 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 12/18/03, 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 - 69 - Resolution 04 -17, page 6 • 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 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 Adopted by the Lino Lakes City Council this day of , 2004. ATTEST: Ann Blair, City Clerk John J. Bergeson, Mayor - 7 0 - Resolution 04 -17, page 7