(1) Purpose. The purpose of this section is to establish site plan review procedures and provides regulations pertaining to the enforcement of site design standards consistent with the requirements of this chapter. All site and building plans for multiple family, commercial, industrial or public/semi-public uses shall require review and approval by the Community Development Department. Relocated structures shall also require a site and building plan review as required by § 1007.055.
(2) Submittal requirements. An application for a site and building plan review shall be filed with the Zoning Administrator and shall be accompanied with the following information:
(a) Proof of title and contract/purchase agreement and property owner signature on the application form when applicable.
(b) Certificate of survey prepared by a licensed land surveyor identifying the following:
1. Scale (engineering only) of at least one inch equals 100 feet.
2. North point indication.
3. Existing boundaries with lot dimension and lot area.
4. Existing buildings, structures and improvements within 100 feet of the exterior boundaries of the subject property.
5. Easements of record.
6. Delineated wetland boundary.
7. OHWL of any lakes or DNR waters within 100 feet of property.
8. FEMA floodplain boundary and Flood Insurance Study (FIS) base flood elevation (BFE) determination.
9. All encroachments.
10. Legal description.
(c) Site plan prepared by a licensed professional using the current certificate of survey as a base depicting the following:
1. Name of project or development.
2. Name and address of developer and/or owner.
3. Name and address of engineer/architect/designer.
4. Date of plan preparation and dates of any subsequent revisions.
5. All proposed improvements, including:
a. Required and proposed setbacks.
b. Location, setback and dimensions of all proposed buildings and structures.
c. Location of all adjacent buildings and structures within 100 feet of the exterior boundaries of the subject property.
d. Location, number, dimensions of all proposed parking spaces, loading areas and drive aisles, with curbing shown.
e. Location, width and setbacks of all proposed street accesses and driveways.
f. Location, width and setbacks of all proposed sidewalks, walkways and trails.
g. Location and type of all proposed lighting, including fixture details.
h. Provisions for storage and disposal of waste, garbage and recyclables, including details for enclosing and screening exterior containers.
6. Calculations for impervious/pervious surfaces.
(d) Grading plan prepared by a licensed engineer using the current certificate of survey as a base depicting the following:
1. Existing contours at two-foot intervals.
2. Proposed grade elevations at two-foot maximum intervals.
3. Drainage plan, including the configuration of drainage areas and calculations.
4. Spot elevations and drainage arrows.
5. Surface water ponding and treatment areas.
6. Erosion control measures.
7. Wetland replacement plan (when applicable).
8. Soil borings.
9. Drainage calculations for two-, ten-, and 100-year storm events.
10. Delineated wetland boundary, to include OHWL of any lakes or DNR waters.
11. Date of plan preparation and dates of any subsequent revisions.
(e) Tree survey in accordance with § 1007.049(12).
(f) Tree preservation plan in accordance with 1007.049(13).
(g) Landscaping plan prepared by a licensed landscape architect or licensed engineer using the current certificate of survey as a base depicting the following:
1. Planting schedule including:
a. Symbols.
b. Quantities.
c. Common and botanical names.
d. Sizes of plant materials.
e. Root specification (bare root, balled/burlapped, potted, etc.).
f. Special installation instructions.
2. Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone).
3. Typical sections with details of fences, tie walls, planter boxes, tot lots, picnic areas and the like.
4. Typical sections with details of landscape islands, planter beds, and foundation plantings with identification of materials to be used.
5. Delineation of both sodded and seeded areas with respective areas measured in square feet.
6. Coverage plan for underground irrigation systems, if any.
7. Other existing or proposed conditions that could be anticipated to affect landscaping.
8. Date of plan preparation and dates of any subsequent revisions.
9. Calculations table showing how required landscaping standards have been met as follows:
a. Canopy coverage.
i. Total area of vehicular hardscape.
ii. Required area of coverage.
iii. Quantity and value of all trees proposed.
b. Foundation landscape.
i. Linear footage of building.
ii. Total number of trees and shrubs required.
iii. Quantity of trees and shrubs proposed.
c. Open area landscape.
i. Total square footage of open area.
ii. Total numbers of trees and shrubs required.
iii. Quantity of trees and shrubs proposed.
d. Boulevard trees.
i. Linear feet of street frontage or number of lot frontages as applicable.
ii. Number of trees required.
(h) Photometric lighting plan, to include fixture details/cut sheets/drawings. Date of plan preparation and dates of any subsequent revisions.
(i) Architectural plans prepared by a licensed architect.
1. Date of plan preparation and dates of any subsequent revisions.
2. Architectural elevations, in color, of all principal and accessory buildings and structures (type, color, and materials used in all exterior surfaces).
3. Typical floor plan and typical room plan drawn to scale with a summary of square footage by use or activity.
(j) Utility plan prepared by a licensed engineer.
1. Location of hydrants, valves, and manholes, if any.
2. Location, sizing, and type of water and sewer system mains, and proposed service connections, hydrants, valves, and manholes; or,
3. Location and size of proposed primary and secondary on-site treatment systems, when allowed.
4. Storm sewer, catch basins, invert elevation, type of castings, and type of materials (refer to Engineering Manual for city standards).
5. Date of plan preparations and dates of any subsequent revisions.
(k) Other plans and information as may be required by the Zoning Administrator which may include (but not be limited to) the following:
1. Location, type and size (area and height) of all signs to be erected upon the subject property.
2. Vicinity map showing the subject property in relation to nearby highways or major street intersections.
3. Sound source control plan.
4. Fire protection plan.
5. Proposed protective covenants or private restrictions.
6. Where landscaping or man-made materials are used to provide screening from adjacent properties, a cross section shall be provided showing the perspective of the site from neighboring properties at the lot line elevation.
7. Written narrative describing proposed development.
8. Cost estimates for all on-site improvements.
9. Copies of RCWD, VLAWMO, FEMA or other applications made to other government agencies as applicable.
(l) For applications for new communication towers, the application must include information to demonstrate compliance with the provisions of § 1007.062, including but not limited to:
1. Demonstration that a significant gap in coverage exists that would be resolved by the proposed location and that adequate service cannot be provided utilizing existing structures within a two-mile search radius of the proposed site.
2. Structural design information to ensure compliance with manufacturer specifications and to ensure the tower can accommodate additional antennas (co-location).
3. Authorization from the property owner if different from applicant.
4. Lease or agreement requiring removal of the tower and facilities after cessation of use.
5. Copies of applicable federal, state, and local licenses, permits, and approvals.
(3) Procedure. An application for site and building plan review shall be approved or denied within 60 days of the date of its official complete submission pursuant to M. S. § 15.99 unless extended pursuant to statute or a time waiver is granted by the applicant. Additional city requirements for site and building plan review are as follows:
(a) The property owner or their agent shall file with the Zoning Administrator a completed application form together with the required submittals and a fee as required in § 1007.000(8).
(b) The Zoning Administrator shall forward copies of the application and site and building plans to the appropriate staff, consultants and governmental agencies for review and recommendation. The Community Development Department shall perform a review and approve or deny the application. The Community Development Department may also suggest such conditions as they deem necessary to the approval of the site and building plans.
(c) The applicant may appeal any denial or decision by the Department according to § 1007.018.
(d) No application for a site and building plan review shall be resubmitted for a period of 12 months from the date of said order of denial.
(e) The Community Development Department shall provide to the City Council reports summarizing submitted site and building plan applications and outcomes regarding approval or denial as they occur.
(4) Performance standards. Plans which fail to meet the following criteria shall not be approved.
(a) The proposed development application must be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan.
(b) The proposed development application is compatible with present and future land uses of the area.
(c) The proposed development application conforms to performance standards herein and other applicable city codes.
(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 development is A or B, traffic generated by a proposed development will not degrade the level of service more than one grade.
2. If the existing LOS outside of the proposed development is C, traffic generated by a proposed development will not degrade the level of service below C.
3. If the existing LOS outside of the proposed development is D, traffic generated by a proposed development 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 proposed development. If the existing level of service is E or F, the 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 proposed development must have the structural capacity to accommodate projected traffic from the proposed development or the developer will pay to correct any structural deficiencies.
6. The traffic generated from a proposed development shall not require city street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However, the city may, at its discretion, consider developer-financed improvements to correct any street deficiencies.
7. The LOS requirements in divisions 1. to 4. 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 proposed development 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.
(e) The proposed development shall be served with adequate and safe water supply.
(f) The proposed development shall be served with an adequate or safe sanitary sewer system.
(g) The proposed development shall not result in the premature expenditures of city funds on capital improvements necessary to accommodate the proposed development.
(h) Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters and City Council shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(5) Expiration. Activities authorized by site and building plan approval shall be initiated within six months. The time limits established in this division (5) may be extended by the Zoning Administrator.
(6) Site improvement performance agreement and financial guarantee. Following the approval of the site plan required by this section where no public improvements are proposed and before issuance of a building permit, the applicant, as determined to be necessary by the Zoning Administrator, shall guarantee to the city the completion of all improvements as shown on the approved site plan and as required by the site plan approval. This guarantee shall be made by means of a site improvement performance agreement and a financial guarantee as provided below:
(a) The applicant shall execute the site improvement performance agreement on forms provided by the city. The agreement shall be approved as to form and content by the City Attorney and shall define the required work and reflect the terms of this chapter as to the required guarantee for the performance of the work by the applicant.
(b) The required work includes, but is not limited to private exterior amenities such as landscaping, private streets, parking areas, recreation fields, drainage systems, stormwater basins, sanitary sewer systems, water mains, wetland mitigation, wetland buffers, erosion control, curbing, fences and screening, and other similar facilities. The required work shall also include all aspects of a tree preservation plan, if applicable.
(c) A financial guarantee shall be submitted with the executed site performance agreement as provided herein:
1. Financial guarantees acceptable to the city include cash escrow; an irrevocable letter of credit; or other financial instruments which provide equivalent assurance to the city and which are approved by the Zoning Administrator.
2. The term of the financial guarantee shall be for the life of the site improvement performance agreement, and it shall be the responsibility of the applicant to ensure that a submitted financial guarantee shall continue in full force and effect until the Zoning Administrator shall have approved and accepted all of the work undertaken to be done and shall thereby have released the guarantee or reduced the amount of the guarantee as provided in this chapter.
3. When any instrument submitted as a financial guarantee contains a provision for an automatic expiration date, after which the instrument may not be drawn upon, notwithstanding the status of the site performance agreement or of the required work, the expiration date shall be October 31; further, it shall be the responsibility of the applicant to notify the city in writing, by certified mail, at least 60 days in advance of the expiration date of the intention to renew the instrument or to not renew the instrument. If the instrument is to be renewed, a written notice of extension shall be provided 30 days prior to the expiration date; if the instrument is not to be renewed, and has not been released by the Zoning Administrator, another acceptable financial guarantee in the appropriate amount shall be submitted at least 30 days prior to the expiration. The term of any extension shall be approved by the Zoning Administrator. Upon receipt of an acceptable substitute financial guarantee, the Zoning Administrator may release the original guarantee.
4. The amount of the financial guarantee shall be established by the Zoning Administrator based upon an itemized estimate of the cost of all required work as provided by the applicant. A cash escrow or irrevocable letter of credit shall be in the amount of 35% for private improvements and 125% for public improvements of the approved estimated cost. The amount of any other approved financial instrument shall be determined by the Zoning Administrator.
5. At the option of the city, the applicant may submit a separate financial guarantee for that portion of the required work consisting solely of landscaping improvements with another financial guarantee for all other exterior amenities and improvements which comprise the work. All trees shall be warranted to be alive, of good quality, and disease free for 12 months from the time of planting. Any subsequent replacement shall be warranted for 12 months from the time of planting.
(d) The time allowed for completion of the required improvements shall be set out in the site improvement performance agreement. The agreement and the financial guarantee shall provide for forfeiture to the city to cure a default or reimburse the city the cost of enforcement measures. As various portions of such required work are completed by the applicant, are in compliance with city requirements, and are approved by the city, the Zoning Administrator may release such portion of the financial guarantee as is attributable to such completed work. Landscaping improvements shall not be deemed complete until the city has verified survivability of all required plantings through one “winter season” which is defined for the purpose of this section as the period October 31 through April 30.
(e) The applicant shall notify the Zoning Administrator in writing when all or a portion of the required improvements have been completed in accordance with the approved plan and may be inspected. Upon receipt of such notice, the Zoning Administrator shall be responsible for the inspection of the improvements to determine that the useful life of all work performed meets the standards for the particular industry, profession, or material used in the performance of the work. Any required work failing to meet such standards shall not be deemed to be complete and the applicant shall be notified in writing as to required corrections. Upon determination that the work has been completed, including the winter season survivability of all landscape improvements, a notice of the date of actual completion shall be given to the applicant and appropriate action, to release or to reduce the amount of the financial guarantee shall be taken by the Zoning Administrator.