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HomeMy WebLinkAbout2002-088 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02-88 RESOLUTION APPROVING SITE AND BUILDING PLANS AND APPROVING CONDITIONAL USE PERMITS FOR A MOTOR FUEL STATION, ACCESSORY DRIVE THROUGH, AND DAY CARE FACILITY SPIRIT HILLS NEIGHBORHOOD COMMERCIAL CENTER WHEREAS, the City has received an application for site and building plan approval for a development consisting of three buildings totaling 30,266 square feet; and an application to approve conditional use permits for a Motor Fuel Station, Accessory Drive-through and Day Care Facility WHEREAS, the legal description of the property is: Outlot A Spirit Hills ;and WHEREAS, the site and building plan and conditional use permit approval request is based on the following plans prepared by Glenn Rehbein Companies: Site grading, drainage, and erosion control plat dated 4/11/02 and revised 6/21/02 Site Plan dated 4/11/02 and revised 6/12/02 Utility Plan dated 6/12/02 and revised 7/02/02 Landscaping and tree preservation plan dated 6/12/02 Building Elevations dated 7/10/02 Lighting Plan dated received 3/11/02 Environmental Board Comments dated 4/24/02 Traffic Analysis, dated 9/23/02, prepared by URS. ;and WHEREAS, at their meeting on July 10, 2002, the Planning & Zoning Board held a public hearing on the site and building plan review and a conditional use permits for a Motor Fuel Facility, Accessory Drive-through and Day Care Facilility and recommended approval with conditions; and WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of approval included in this resolution, the following findings of fact apply as required by Section 2, Subdivision 2.B. of the zoning ordinance: a. Bank drive-through, child day care and service station uses currently exist within the City of Lino Lakes. None of the uses should be detrimental or endanger the public in conjunction with conditions of approval. b. The application will be harmonious with the general and applicable specific plans and policies of the comprehensive plan. The comprehensive plan guides for commercial use of this site. Once rezoned from R-1 to General Business the site would match the comprehensive plan. c. The application is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. The building designs include many windows and rock face block. The design will be carried through on all four sides of the buildings. This should help make the buildings more attractive. Landscaping and fencing should soften the development and help screen the use from residents. The added sidewalk should be beneficial for pedestrians. Restrictions on canopy lighting, outside audio, hours of operation, and limited delivery hours will minimize the fueling station impacts to existing residential properties. d. The application will be served adequately by essential public facilities and services, including street, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. e. The application not create excessive additional requirements at public cost for public facilities and services and will enhance the economic welfare of the community. f. The application 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 proposed commercial uses upon this site should not create any excessive externalities that would be abnormal to the character of commercial sites. g. The application has vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. The site layout meets standards held within the City's zoning ordinance including turn lanes, access width, and access spacing/location. Required improvements to external public streets will mitigate adverse traffic impacts. h. The application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Impacts to existing natural features are being mitigated as part of the overall site design and Ware Road extension improvements. i. The application will conform to specific standards of this ordinance applicable to the particular use. Each use should conform to the specific standards listed within the General Business section of the zoning ordinance. Specifically, the day care should meet the requirements listed under Section 7 H (11)(a). NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the site and building plan subject to the following conditions: 1. A sidewalk shall be installed along the frontage of Ware Road and shall be maintained by the commercial development. A sidewalk/bituminous trail shall be included on the northeast side of Ware Road at the direction of the Public Services Department 2. All refuse and recyclable materials shall be stored within the principal building or within an accessory structure (within a side or rear yard) that is totally screened from eye level view from neighboring uses and public rights of way. 3. All signs shall be reviewed with the sign permit applications and shall be required the applicable requirements of the Ordinance. 4. Light fixture design is a solid dome variety only and under- canopy lighting shall be submitted and subject to staff approval. 5. The submitted erosion and grading plan shall be revised to incorporate the City Engineer's comments, dated July 3, 2002. 6. The submitted utility plan shall be revised to incorporate the City Engineer's comments, dated July 3, 2002. 7. Stop signs shall be installed and maintained at the access points with the public road. 8. A final plat and vacation of easements shall be submitted and approved by the City. The plat shall also include dedication of access control, along Birch Street, to Anoka County. 9. Prior to the commencement of any site grading, the applicant shall provide the City with a security representing 150% of the cost of such work. 10. The Developer shall enter into a Site Performance Agreement with the City of Lino Lakes prior to issuance of a Building Permit. Such agreement shall provide for the required improvements to Ware Road, Hodgson Road, and Birch Street including the intersection of Hodgson and Birch and include a security covering 150% of the costs of such improvements. 11. The landscaping plan shall be modified to include additional screening along Ware Road and shall include additional coniferous trees. BE IT FURTHER RESOLVED, that the Lino Lakes City Council hereby approves the conditional use permits for the Motor Fuel Facility, Accessory Drive -Though, and Day Care Facility with the following conditions: Day Care Facility 1. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. Motor Fuel Station 1. No exterior audio system shall be used in the operation of the facility. 2. No illuminated signage shall be allowed on the protective canopy except for the south side facing Birch Street. 3. The hours of operation shall be limited to 5:00 a.m. to 11:00 p.m. 4. Deliveries to the station shall be limited to the hours between 8:00 a.m. to 1:00 p.m. Passed by the Lino Lakes City Council this 25th day of November, 2002. ATTEST: Ann Blair, Citlerk J. Be'eson, Mayor