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HomeMy WebLinkAbout2002-113 Council ResolutionResolution No. 02-113 Councilmember Reinert introduced Resolution No. 02-113 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Dahl and upon vote being taken thereon, the following voted in favor thereof: Reinert, Dahl, Bergeson, Carlson and O'Donnell. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 02-113 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 02-113 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 02-113 APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY DRIVE-THRU FACILITY, LOT 4, BLOCK 1, JADT ADDITION. Witness my hand as said City Clerk and the Corporate Seal of the City this 1 lth day of September, 2002. Ann J. (SEAL) CITY OF LINO LAKES _- RESOLUTION NO. 02-113 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ACCESSORY DRIVE-THRU FACILITY LOT 4, BLOCK 1, JADT ADDITION WHEREAS, the City has received an application for a conditional use permit to allow an accessory drive-thru facility within a 14,172 square foot retail center; and WHEREAS, the conditional use permit request is being sought concurrently with site and building plan approval; and WHEREAS, the legal description of the property is: Lot 4, Block 1, JADT Addition ; and WHEREAS, the subject property is zoned SC, Shopping Center with a PDO, Planned Development Overlay; and WHEREAS, the conditional use permit approval request is based on the following plans prepared by Ryan Engineering and KKE Architects and related correspondence: Preliminary Plat dated 7/15/02 Preliminary Site Plan dated 7/15/02 Preliminary Utility Plan dated 7/154/02 Preliminary Grading Plan dated 7/15/02 Site Plan dated 7/15/02 Floor Plan dated 7/15/02 Building Elevations dated 7/15/02 Planting Plan dated 7/15/02 Landscape Details dated 7/15/02 Lighting Plan dated 7/15/02 City Engineer Comments dated 8/9/02 Environmental Board Comments dated 8/6/02 ; and WHEREAS, at their meeting on August 14, 2002, the Planning & Zoning Board considered the conditional use permit application and recommended approval subject to the conditions listed in the meeting minutes; and WHEREAS, the City Council of the City of Lino Lakes makes the following findings of fact, as required by Section 2 Subd. 2.B.7 of the Zoning Ordinance which establishes conditional use permit evaluation criateria. a. This application will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. b. This application will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the City and the Zoning Ordinance. c. This application will be designed, constructed and 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. d. This application will be served adequately by essential public facilities and services, including streets, 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. This application will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. f. This application 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. g. This application will have vehicular approaches to the property that are so designed as not to create traffic congestion or an interference with traffic on surrounding thoroughfares. h. This application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. This application will conform to specific standards of the Zoning Ordinance applicable to the particular use. WHEREAS, the City Council of the City of Lino Lakes makes the following findings of fact, as required by Section 7 Subd. 5.H.3 of the Ordinance which establishes accessory drive-thru facilities as conditionally permitted uses in SC, Shopping Center zoning districts provided that: a. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot. b. At the boundaries or a residential district, a strip of not less than ten (10) feet shall be landscaped and screened in compliance with Section 3, Subd. 4.S of the Ordinance. c. Parking areas shall be screened from view of abutting residential districts in compliance with Section 3, Subd. 4.S of the Ordinance. d. Parking areas and driveways shall be curbed with continuous curbs not less than six (6) inches high above the parking lot or driveway grade. e. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, shall comply with Section 3, Subd. 5. of the Ordinance and shall be subject to the approval of the City Engineer. f. The entire area shall have a drainage system which is subject to the approval of the City Engineer. g. The entire area other than occupied by buidings or structures or planting shall be surfaced with a concrete or bituminous material which will control dust and drainage and which is subject to the approval of the City Engineer. h. All signing and information or visual communication devices shall be in compliance with Appendix C of the City Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the conditional use permit to allow an accessory drive-thru facility subject to the following conditions: 1. The City approve the JADT Addition final plat and all applicable conditions of such approval are satisfied. 2. The City approves the submitted site and building plans for the Lino Lakes Commercial Center and all applicable conditions of such approval are satisfied. Passed by the Lino Lakes City Council this 9th day of September 2002. ATTEST: 1 Ann Blair, Cir Clerk Ber son, ayor