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HomeMy WebLinkAbout2017-029 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 17-29 RESOLUTION DENYING A CONDITIONAL USE PERMIT FOR HOME OCCUPATION LEVEL C (180 PINE STREET) WHEREAS, the City received an application for a Conditional Use Permit for Home Occupation Level C at 180 Pine Street and hereafter referred to as "Development"; and WHEREAS, the parcel is zoned R -Rural and allows for a Home Occupation Permit Level C with a conditional use permit; and WHEREAS, the legal description of the subject property is: Property Identification No. 06-31-22-24-0001 E 495 FT OF NW1/4 OF SEC 6 TWP 31 RGE 22, EX N 210 FT OF W 100 FT THEREOF, EX RD, SUBJ TO EASE OF REC; and WHEREAS, City staff has completed a review of the proposed "Development" based on an aerial map/site plan and narrative submitted by the applicant; and WHEREAS, a public hearing was held before the Planning & Zoning Board on March 8, 2017, and the Board recommended denial 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. The 29 acre parcel is guided Urban Reserve and zoned R, Rural. A Home Occupation Level C is allowed with a conditional use permit. b. Transportation Plan. Pine Street is a major collector road. It is an unimproved, gravel road west of 4th Avenue. There are approximately 230 ADT (23 households x 10 trips per day) along this gravel section. The distance from 4`h Avenue to the subject site driveway is approximately 2, 700 feet. Per the City Engineer, gravel roads are not efficient or cost effective when trips start to exceed 200 ADT. The proposed home occupation will increase personal traffic (employees and customers), heavy trash collection and delivery vehicles. The existing gravel road does not have structural design to accommodate the added traffic proposed by the home occupation. c. Utility (Sewer and Water) Plans. The parcel is served by private well and septic system. The City's utility plans are not impacted. d. Local Water Management Plan. The City's Local Surface Water Management Plan (LSWMP) is incorporated into Chapter 2: Resource Management System Plan of the City's Comprehensive Plan. The goal of the LSWMP is to improve of the quality of surface waters by delivering good quality stormwater runoff to lakes and wetlands. The proposed home occupation will occur in an existing accessory structure on a 29 acre parcel. Stormwater runoff will not increase and surface water (wetlands) will not be impacted. e. Capital Improvement Plan. The proposed home occupation will increase traffic along a gravel portion of Pine Street. This will potentially increase City capital expenditures not part of the City's Capital Improvement Plan if road improvements or increased maintenance is required. f. Policy Plan. The proposed home occupation is consistent with the comprehensive plan (i. e. Policy Plan) in regards to land use, utility plans and local water management plan. The proposed home occupation is not consistent with the comprehensive plan in regards to the transportation or capital improvements plan. g. Natural Environment Plan. The City's Natural Environment Plan is incorporated into Chapter 2: Resource Management System Plan of the City's Comprehensive Plan. One goal of the Plan is to identify, protect and preserve the desirable natural areas and ecological and aquatic resources of the community. The City's greenway corridor exists along the parcel. The proposed home occupation will occur in an existing accessory structure and will not impact the City's Parks, Natural Open Space/Greenway and Trail System. 2 2. The proposed development application is compatible with present and future land uses of the area. The proposed home occupation is not compatible with present and future land uses of the area in regards to increased personal vehicles (employee and customer), garbage haulers and delivery traffic on the gravel road. Although the surrounding land uses are rural residential, the adjacent parcels are not standard 10 acre parcels (172 Pine Street is 0.4 acres and 234 Pine Street is 2.33 acres). Three (3) residential homes (166, 172 and 234 Pine Street) are also within 400 feet of the proposed accessory structure home occupation. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed home occupation conforms to the performance standards of the City Code. 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. Pine Street is a major collector road. It is an unimproved, gravel road west of 4`h Avenue. There are approximately 230 ADT (23 households x 10 trips per day) along this gravel section. The distance from 4`h Avenue to the subject site driveway is approximately 2, 700 feet. Per the City Engineer, gravel roads are not efficient or cost effective when trips start to exceed 200 ADT. The proposed home occupation will increase personal traffic (employees and customers), heavy trash collection and delivery vehicles. The existing gravel road does not have structural design to accommodate the added traffic proposed by the home occupation. 5. The proposed development shall be served with adequate and safe water supply. The site is served by private well. The proposed home occupation and office/restroom can be served by the well. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is currently served by a private septic system. The septic system shall be designed and sized to accommodate the proposed restroom. 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 home occupation will increase traffic along a gravel portion of Pine Street. This will potentially increase City capital expenditures not part of the City's Capital Improvement Plan if road improvements or increased maintenance is required. 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 home occupation will involve uses and activities detrimental to persons or property. Traffic will increase on a gravel road. The applicant states that "typically" no equipment is used onsite. Any equipment used on site will generate excessive noise. Three (3) residential homes (166, 172 and 234 Pine Street) within 400 feet of the proposed accessory structure home occupation would be affected. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The natural features (wetlands) will not be impacted. There are no other known natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby denies the conditional use permit for Home Occupation Level C at 180 Pine Street due to reasons listed in the Findings of Fact. Adopted by the Council of the City of Lino Lakes this 10th day of April, 2017. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Rafferty and upon vote being taken thereon, the following voted in favor thereof: Kusterman, Rafferty, Manthey, Reinert The following voted against same: Maher ATTEST: rine Bartell, City Clerk Jeff Reinert, a or