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HomeMy WebLinkAbout2016-058 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 16-58 RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A TEMPORARY BATCH PLANT FOR ARNT CONSTRUCTION COMPANY, INC. (2209 PHELPS ROAD) WHEREAS, the City received an application from Arnt Construction Company, Inc. for an interim use permit for a temporary batch plant to be located at 2209 Phelps Road hereafter referred to as "Development"; and WHEREAS, City staff completed a review of the following: Temporary Concrete Plant Site Plan prepared by EG Rud & Sons revision date June 6, 2016 SWPPP prepared by Plowe Engineering dated June 9, 2016 WHEREAS, the property is zoned LI, Light Industrial and allows temporary batch plants with an interim use permit; and WHEREAS, the legal description of the subject property PID #24-31-22-42-0012 is: THAT PRT OF E1/2 OF NW1/4 OF SE1/4 OF SEC 24 TWP 31 RGE 22 DESC AS FOL, BEG AT A PT ON W LINE OF SD E1/2 815.67 FT NLY OF SW COR THEREOF (SD W LINE HAS AN ASSD BRG OF N 0 DEG 40 MIN E), TH S 89 DEG 37 MIN 08 SEC E 366.28 FT, TH S 01 DEG 04 MIN 05 SEC W 415.80 FT, TH N 74 DEG 57 MIN 35 SEC E 309.59 FT TO E LINE OF SD 1/4 1/4, TH NLY ALG SD E LINE TO N LINE OF SD 1/4 1/4, TH WLY ALG SD N LINE TOINTER/W SD W LINE OF E1/2, TH SLY ALG SD W LINE TO POB, EX RD, SUBJ TO EASE OF REC WHEREAS, a public hearing was held before the Planning & Zoning Board on May 11, 2016 and the Board recommended approval of the interim use permit. NOW, THEREFORE BE IT RESOLVED by The City Council of the City of Lino Lakes hereby makes the following: FINDINGS OF FACT Per Section 1007.017 Administration: Interim Use Permits: (3) General Standards. An interim use shall comply with the following: (b) New Uses. 1. Meets the standards of a conditional use permit set forth in § 1007.016 of this Ordinance. The temporary batch plant meets the standards of a conditional use permit as detailed below under Section 1007.016 Administration: Conditional Use Permits. 2. Conforms to the applicable performance standards of this Ordinance. The temporary batch plant conforms to the applicable performance standards as detailed below under Section 1007.046, Batch Plants. 3. The use is allowed in an interim use in the respective zoning district. Temporary batch plants are allowed as an interim use permit per the LI, Light Industrial Zoning District, Section 1007.120 (11) (a). 4. The date or event that will terminate the use can be identified with certainty. The interim use permit will expire on November 30, 2016. 5. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. The temporary batch plant will not impose additional costs on the public. A Site Improvement Performance Agreement and financial sureties shall be required prior to operation. 6. The user agrees to any conditions that the City Council deem appropriate for permission of the use. The user shall agree to any conditions listed in the Council resolution and Site Improvement Performance Agreement. Per Section 1007.016 Administration: Conditional Use Permits: (2)(g) Standards. 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: 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility (Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The temporary batch plant is consistent with the Comprehensive Plan. The property is guided for industrial use. Transportation haul routes have been established and financial sureties shall be provided in the event of any road damage. The City's water supply system can adequately supply the 24,000 gallons of water needed by the batch plant. An erosion control plan has been approved and shall be implemented. 2. The proposed development application is compatible with present and future land uses of the area. The proposed temporary batch plant is compatible with present and future land uses of the area. The batch plant operation is temporary. Present land use is industrial. Future land use is industrial. A temporary batch plant is allowed with an interim use permit in the LI, Light Industrial District with conditions. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The temporary batch plant conforms to the applicable performance standards as detailed below under Section 1007.046, Batch Plants. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. 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. b. 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. c. 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. d. 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. 3 e. 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. f. The traffic generated from a proposed subdivision 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. The LOS requirements in paragraphs 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 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. h. The City does not relinquish any rights of local determination. Traffic generated by the temporary batch plant is within the capabilities of the City and County transportation system. Transportation haul routes have been established and financial sureties shall be provided in the event of any road damage. g. 5. The proposed development shall be served with adequate and safe water supply. The proposed temporary batch plant will require approximately 24,000 gallons of water and that can be supported by the existing water system. 6. The proposed development shall be served with an adequate and safe sanitary sewer system The proposed temporary batch plant does not require service by sanitary sewer. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The proposed temporary batch plant shall not expend City funds. 8. 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 proposed temporary batch plant will not be detrimental to any persons or property. Transportation haul routes and signage shall be utilized to provide traffic control at Phelps Road and Otter Lake Road. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed temporary batch plant will not result in the destruction, loss or damage of natural, scenic or historic features. The existing wetlands and public ditch system will not be affected by the activities. No scenic or historic features exist in the area. Per Section 1007.046, Batch Plants: (3) Requirements. In addition to the General Standards contained within §1007.017, Temporary Batch Plants are also required to comply with the following conditions and performance standards in order to obtain an Interim Use Permit: (a) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. Arnt Construction currently operates their road construction/excavation business and stockpiles construction materials on the subject site. The surrounding properties are guided for industrial use. The current construction operation and proposed temporary batch plant are consistent with industrial users. (b) The Batch Plant shall maintain a 50 foot setback from any wetland. The temporary batch plant is located over 160 feet from any potential wetlands. (c) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. The temporary batch plant will be used by PCI Roads, LLC for a MN/DOT I -35E project. Operations shall not exceed 4 weeks from date of set up and all equipment shall be removed by November 30, 2016. (d) The Hours of Operation shall be clearly defined. Hours of operation shall be consistent with Section 901.03(4)(b): 7:00 a.m. to 7:00 p.m. Monday through Friday 9:00 a.m. to 5:00 p.m. Saturday No construction activity allowed Sunday and federal holidays 5 (e) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. Access to the site is from CR 84/Otter Lake Road to Phelps Road. Access has been reviewed by the City Engineer and Anoka County Highway Department. Financial sureties will be required for road damage incurred. (f) A grading, erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. A grading plan is not required because no grading is proposed. An erosion and sediment control plan and SWPPP have been submitted and approved by the City. (g) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. A SWPPP has been submitted and approved by the City. (h) A restoration plan shall be submitted and approved by the City prior to any site disturbance. A restoration plan is not required because the existing site operates as a construction/excavation company with stockpile material. The site will continue to operate as such after the temporary batch plant is removed. (i) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. The temporary batch plant has a permit from MPCA under the Industrial Storm Water Multi -Section General Permit MNR050000. SIC codes 3272 & 3531. A copy of this permit shall be submitted to the City. (j) All applicable Rice Creek Watershed District requirements are satisfactorily met. RCWD has provided a letter waiving any permit requirements. (k) So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary. Additional conditions will be detailed in the Council Resolution the interim use permit is approved. (1) The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance. A Site Improvement Performance Agreement shall be entered into by the applicant prior to setup and operation of the temporary batch plant. BE IT FURTHER RESOLVED by the City Council of The City of Lino Lakes hereby establishes the following: APPROVED HAUL ROUTES 1. I -35E north to CSAR 14 (Main Street) east to CR 84 (Otter Lake Road) south to Phelps Road. 2. CR 84 (Otter Lake Road) at Phelps Road north to CSAH 14 (Main Street) west to I - 35E south to MNDOT project. 3. CR 84 (Otter Lake Road) at Phelps Road south to CR J (Ash Street) west to I -35E south to MNDOT project site. 4. I -35E to CR J (Ash Street) east to CR 84 (Otter Lake Road) north to plant site. HOURS OF OPERATION 7:00 a.m. to 7:00 p.m. Monday through Friday 9:00 a.m. to 5:00 p.m. Saturday No construction activity allowed Sunday and federal holidays CONDITIONS OF OPERATION 1. The temporary batch plant operations shall not exceed 4 weeks from date of set up. 2. The applicant shall notify the City in writing one (1) week prior to set up. 3. All equipment related to the batch plant shall be removed by November 30, 2016. 4. A water meter shall be installed to monitor water use. 5. No additional stockpile materials shall be hauled and deposited on-site during the temporary batch plant operations. 6. The remaining stockpile shall not be increased in size or height after the temporary batch plant is removed. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the interim use permit for a temporary batch plant for Arnt Construction Company, Inc. subject to the following conditions being resolved prior to set up and operation of the plant: 1. The applicant shall sign a Site Improvement Performance Agreement and deposit financial sureties with the City. 2. A copy of the MPCA Industrial Storm Water Multi -Section General Permit MNR050000 shall be submitted to the City. 3. The site plan shall include the proposed improvements to the curbing and roadways as discussed at the site visit with the City Engineer. 4. A Traffic Control Plan per MNDOT's MMUTCD shall be submitted to the City. 5. A copy of the Anoka County Haul Route permit shall be submitted to the City. Adopted by the Council of the City of Lino Lakes this 27th day of June, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Manthey, Rafferty, Reinert The followingvoted against same: none Abent - aher ) Jeff Reine , Mayor ATTEST: CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DA 1'h: June 27, 2016 TOPIC: Arnt Construction Company, Inc. Temporary Batch Plant i. Consider Resolution No. 16-58 Approving Interim Use Permit for Temporary Batch Plant ii. Consider Resolution No. 16-59 Approving Site Improvement Performance Agreement VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of an Interim Use Permit for Arnt Construction Company, Inc. for a Temporary Batch Plant. Complete Application Date: April 14, 2016 60 -Day Review Deadline: June 13, 2016 120 -Day Review Deadline: August 12, 2016 Environmental Board Meeting: NA Park Board Meeting: NA Planning & Zoning Board Meeting: May 11, 2016 Tentative City Council Work Session: June 27, 2016 Tentative City Council Meeting: June 27, 2016 BACKGROUND Arnt Construction Company, Inc. submitted a land use application for an Interim Use Permit for a temporary batch plant to be located at 2209 Phelps Road (PID #24-31-22-42-0012). The Land Use Application references 2190 Phelps Road but Anoka County GIS has the subject site addressed as 2209 Phelps Road. The staff report is based on the following plan sets: • Temporary Concrete Plant Site Plan prepared by EG Rud & Sons revision date June 6, 2016 • SWPPP prepared by Plowe Engineering dated June 9, 2016 Analysis The Planning & Zoning Staff Report dated May 11, 2016 provides details of project. PCI Roads, LLC will be setting up a temporary concrete batch plant at Arnt Construction (2209 Phelps Road) for a MNDOT road construction project on I -35E. The plant will be on site for 3 to 4 weeks. Concrete will be produced for 8 days and the remaining time is for assembly and disassembly of the equipment. The approved haul routes are as follows: 1. I -35E north to Anoka County Road 14 east to Anoka County Road 84 south to the site. 2. County Road 84 (at Phelps Road) north to Anoka County Road 14 west to I -35E south to project. The Planning & Zoning Board held a public hearing on May 11, 2016. There were no public comments and the Board recommended approval with a 5-0 vote. A Site Improvement Performance Agreement is required as detailed in Resolution No. 16-59. RECOMMENDATION Staff and the Board recommend approval of Resolution Nos. 16-58 and No. 16-59. ATTACHMENTS 1. Site Location Map 2. Temporary Concrete Plant Site Plan prepared by EG Rud & Sons revision date June 6, 2016 3. Resolution No. 16-58 4. Resolution No. 16-59 5. Site Improvement Performance Agreement r w eQ H 0 N r X10 n= eli 111 r=; 70TH ST Temporary Batch Plant 2209 Phelps Road Site Location Map N s E 0 500 1,000 2,000 Feet