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HomeMy WebLinkAbout2017-020 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 17-20 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BALD EAGLE ERECTORS (7309 LAKE DRIVE) WHEREAS, the City received an application for a Conditional Use Permit for open and outdoor storage at 7309 Lake Drive and hereafter referred to as "Development"; and WHEREAS, the property is zoned LI, Light Industrial and allows for open and outdoor storage with a conditional use permit; and WHEREAS, the legal description of the subject property is: Property Identification No. 17-31-22-33-0003 PRT OF LOTS 1 & 2 & ALL OF LOT 3 AUDITORS SUBDIVISION NO 54 DESC AS FOL: LYG S OF N 300 FT OF LOTS 1 & 2 & LYG NWLY OF WLY R/W LINE OF CSAH NO 23 & LYG SWLY OF FOL DESC LINE: COM AT PT OF INTER OFS LINE OF SD N 300 FT WITH SD WLY R/W LINE, TH SWLY ALG SD WLY R/W LINE 127.34 FT TO POB OF SD LINE, TH NWLY AT RT ANG 272.63 FT TO IN I'ER/W S LINE OF SD N 300 FT & SD LINE THERE TERM; and WHEREAS, City staff has completed a review of the proposed "Development" based on revised plans submitted by Larson Engineering, Inc. dated 01/30/17; and WHEREAS, a public hearing was held before the Planning & Zoning Board on February 08, 2017, and the Board recommended approval of the conditional use permit. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following: FINDINGS OF FACT 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 open and outdoor storage is consistent with the Land Use, Utility, Local Water Management, Capital Improvement, Policy and Natural Environmental Plans and recommendations of the comprehensive plan as detailed in this staff report. 2. The proposed development application is compatible with present and future land uses of the area. The proposed open and outdoor storage is compatible with present and future land uses with condition being met in this resolution. The property to the north and west are zoned PSP, Public and Semi -Public, and are guided for civic/institutional. Other properties to the north are also zoned LI, Light Industrial and are guided for industrial use. Properties to the east are zoned, R-1, Single Family and are guided for low density residential. Properties to the south are zoned NB, neighborhood businesses and are guided for civic/institutional use. The current land use to the north is industrial, and Centennial School District has a parcel used as a recreational field. Properties to the west and south are owned and used by Centennial School District. The properties to the east across CSAH 23/Lake Drive are single family homes. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. A Site Plan Review has been completed and the proposed open and outdoor storage will meet zoning performance standards upon completion of the conditions listed in this resolution. 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. 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. g. The LOS requirements in paragraphs a. to d. 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. CSAH 23/Lake Drive is classified as an "A Minor Reliever." The site is accessed via an existing driveway off of CSAH 23 and there will be no changes to this driveway. The project will not generate any new source of excessive traffic. 5. The proposed development shall be served with adequate and safe water supply. The site is currently served by municipal water. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is currently served by municipal 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. No City funds are being expended on this project. 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 open and outdoor storage is an allowed use within the LI, Light Industrial Districts with an approved conditional use permit. The open and outdoor storage operations of business can only be conducted from Monday to Friday 7 am to 7 pm and Saturdays 9 am to 5 pm. No Sunday operations. The project will not generate excessive traffic, noise, smoke, fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of Section 1007.120 (9)(e) are also being met: 1. The designated storage area shall comply with all building setback requirements for the district. Outside storage is prohibited between the principal structure and any public right-of-way. Vacated 4th Avenue shall not be treated as a street, but as a rear yard. 4th Avenue still exists as an access ingress/egress for Centennial Middle School and Blue Heron Elementary School, and as a public utility corridor. Feen (15) feet shall be provided as measured from the former property/street right of way and 10 feet from the side yard. 2. The storage area is landscaped and screened from view of adjacent uses and public rights-of-way via a fence and greenbelt planting strip, in accordance with § 1007.043 (17) (f) of this Ordinance. The property must become compliant per section 1007.043 (17) (f). Currently there is a 6' chain link fence around the south, west, and north boundaries of the property. An 8' wood fence exists along the east section of the property, abutting Lake Drive, which provides screening for the single family homes located to the east. The existing fence abutting Lake Drive has landscaping. The 8' fence is in compliance with the current ordinance. The 6' fence is not in compliance with the current ordinance and shall be brought into compliance. 3. The entire storage area is fenced and secured in an appropriate manner. The site is currently fenced and secured. However staff recommends that the perimeter of the storage area be delineated by fence, curbing or other barrier. 4. The storage area is blacktopped or concrete surfaced, unless an alternative wear - resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. The open and outdoor storage area will be blacktopped with 5" bituminous pavement placed in 2 lifts, with 8 "base aggregate on top of existing subgrade soil. New concrete 4 apron will be located along the west side of the existing building and wrap half way around the south of the building. The concrete will 6"Portland cement concrete with a 6" base aggregate on top of existing subgrade soil. 5. The storage area does not take up parking space or loading space as required for conformity to this Ordinance and is not located in the front yard. The storage area is located in the south-west portion of the property. The parking lot is located between Lake Drive and the existing building, where storage is not permitted. The storage area will not have any negative impacts on the existing parking space. 6. The property shall not abut I -35W or I -35E. The property does not abut I -35W or I -35E. 7. The ratio of storage area to building footprint shall not exceed 2.5:1. The site is located on 5.45 acres. The existing building footprint is 27,306 SF x 2.5= 68,256 SF of maximum outside storage. The proposed plan designates 65,021 SF of outside storage which falls into the allowed area. 8. All parking, loading and truck staging activities shall occur on site. On -street parking and loading associated with the use is prohibited. All parking and loading occurs on site. No off street activities are proposed. 9. Storage shall not include material considered hazardous under Federal or State Environmental Law. Mobile Mini is a company that ships outside storage bins and stores them outside as they are transported in and out of the property. The storage bins are empty and not used to store hazardous materials. Bald Eagle Erectors will be storing job trailers, oxygen and acetylene cages, steel racks, utility trailers and wood bundles on site. All items stored on site must be stored on designed storage area. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for open and outdoor storage for Bald Eagle Erectors (7309 Lake Drive) subject to the following conditions: 1. All comments from the City Engineer letter dated February 02, 2017 shall be addressed. 2. All comments from the Environmental Coordinator letter dated February 03, 2017 shall be addressed. 3. A Rice Creek Watershed District permit is required. 4. A Declaration for Maintenance of Stormwater Facilities in favor of the Rice Creek Watershed District, a body with powers pursuant to Minnesota Chapters 103B and 103D ("RCWD") and the City of Lino Lakes, a political subdivision of the State of Minnesota is required. 5. Rear yard setback shall meet 15 feet as measured from vacated 4th Avenue right of way. 6. The storage of all exterior materials and/or equipment on site by tenant or owner must be within the 65,021 s.f. delineated storage area as shown on Plan Sheet C2.0, Paving and Landscape Plan. 7. The parking of all motor vehicles exceeding a gross weight rating of 11,075 pounds by tenant or owner must be within the 65,021 s.f. delineated storage area as shown on Plan Sheet C2.0, Paving and Landscape Plan. 8. The perimeter of the exterior storage area shall be delineated by fence, curbing or other barrier. 9. The open area south of the building shall not be used for the storage of exterior materials and/or equipment or vehicle parking of any kind. 10. The bituminous paved area and concrete pad west and southwest of the building shall not be used for the storage of exterior material and/or equipment or the parking of motor vehicles exceeding a gross weight rating of 11,075 pounds. a. Fleet or company vehicles not exceeding a gross weight rating of 11,075 pounds and related to an on-site business may be parked in this area. 11. The maximum height of any exterior storage materials, equipment or motor vehicles shall be limited to seventeen (17) feet. 12. Hours of operation for the open and outdoor storage yard shall be Monday to Friday 7 a.m. to 7 p.m. and Saturday 9 a.m. to 5 p.m. No Sunday operations are allowed. 13. Boundary/Topographic Survey: a. Survey shall include lot area measurements in acres and sq. ft. 14. Sheet C2.0, Paving and Landscape Plan: a. Impervious surface area calculations should not include portion of vacated 4th Avenue. b. Existing impervious surface area calculations shall include all of the gravel, compacted areas. c. Distance between south and west lot line and edge of storage area shall be shown. d. Storage area to building ratio shall be shown. e. The perimeter of the storage area shall be delineated by fence, curbing or other barrier. f. The open area south of the building area shall be planted with sod, seed or native grasses in accordance with Section 1007.043 (17)(h) and (i). g. Details of proposed 8 foot perimeter fence and landscaping shall be provided that comply with Section 1007.043 (17) (0 of the zoning ordinance. Adopted by the Council of the City of Lino Lakes this 13th day of March, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kgsterman and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Rafferty, Maher, Manthey, R The following voted against same: none AT I'BST: Jeff Reine , . yor CITY OF LINO LAKES RESOLUTION NO. 17-21 RESOLUTION APPROVING A SITE IMPROVEMENT PERFORMANCE AGREEMENT WITH BALD EAGLE ERECTORS (7309 LAKE DRIVE) WHEREAS, the City has completed the review of the site and building plan for open and outdoor storage located at 7309 Lake Drive; and WHEREAS, the parcel is legally described as: PRT OF LOTS 1 & 2 & ALL OF LOT 3 AUDITORS SUBDIVISION NO 54 DESC AS FOL: LYG S OF N 300 FT OF LOTS 1 & 2 & LYG NWLY OF WLY R/W LINE OF CSAH NO 23 & LYG SWLY OF FOL DESC LINE: COM AT PT OF INTER OFS LINE OF SD N 300 FT WITH SD WLY R/W LINE, TH SWLY ALG SD WLY R/W LINE 127.34 FT TO POB OF SD LINE, TH NWLY AT RT ANG 272.63 FT TO IN l'ER/W S LINE OF SD N 300 FT & SD LINE THERE TERM; and WHEREAS, Section 1007.020(5)(d) of the Lino Lakes Zoning Ordinance requires the execution of a site performance agreement prior to issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the Site Improvement Performance Agreement between the City of Lino Lakes and Bald Eagle Erectors is hereby approved and the Mayor and City Clerk are authorized to execute such agreements on behalf of the City. Adopted by the Council of the City of Lino Lakes this 13h day of March, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Manthey upon vote being taken thereon, the following voted in favor thereof: Kusterman, Manthey, Maher, Rafferty, Reinert The following voted against same: none ATTEST: and CITY OF LINO LAKES RESOLUTION NO. 17-22 ACCEPTING 2017 ANOKA COUNTY RECYCLING GRANTS WHEREAS, The City of Lino Lakes has entered into an agreement with Anoka County over the years to cooperatively work on Solid Waste abatement and Recycling; and WHEREAS, Anoka County receives funding from the Solid Waste Management Coordinating Board and the State of Minnesota in the form of "SCORE" funds; and WHEREAS, The County wishes to assist municipalities in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to Cities in the County for solid waste recycling programs; and WHEREAS, The City of Lino Lakes is eligible to receive $10,000 base allocation and $5.00 per household totaling $41,910.00; and WHEREAS, The City of Lino Lakes is eligible for additional enhancement, Monthly Drop - Off, Park Recycling and Community Event recycling totaling $39,764; WHEREAS, Anoka County Agreement No. C0005398, provides for the cooperative effort between Anoka County and the City of Lino Lakes; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes That the Mayor and City Clerk are hereby authorized to execute Anoka County Agreement No. C0005398, Agreement for Residential Recycling Program on behalf of the city. Adopted by the Council of the City of Lino Lakes this 13th day of March, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Maher, Rafferty, Manthey, Kusterman, Reinert The following voted against same: none ATTEST: u is e Bartell, City Clerk Jeff Reinert,