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HomeMy WebLinkAbout2019-006 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 19-06 RESOLUTION AMENDING RESOLUTION NO. 18-171 APPROVING CONDITIONAL USE PERMIT FOR COMMERCIAL STABLES AT 1288 MAIN STREET AND 1325 MAIN STREET WHEREAS, the City received a land use application for commercial stables located at 1288 Main Street and 1325 Main Street and hereafter referred to as "Development" ; and WHEREAS, the property is zoned R, Rural and allows for a commercial stables with a conditional use permit; and WHEREAS, the legal description of the subject parcels are as follows: PID# 10-31-22-22-0009 (1288 Main Street) THAT PRT OF THE E 433.9 FT OF THE NWI/4 OF THE NW1A OF SEC 10 T31 R22 LYG SLY OF THE SLY R/W LINE OF ANOKA CO HWY R/W PLAT NO 25; EX THAT PRT DESC AS FOL: BEG AT THE SE COR OF SD 1/4,1/4, TH N ON THEE LINE THEREOF 208 FT, TH W PRLL/W THE S LINE THEREOF 416 FT, TH S PRLL/W SD E LINE TO THE S LINE THEREOF, TH E ALG SD S LINE TO THE POB; ALSO EX RD; SUBJ TO EASE OF REC PID# 10-31-22-23-0003 (1325 Main Street): THAT PRT OF E1/2 OF NW1A OF SEC 10 TWP 31 RGE 22 LYG NLY OF C/L OF I 3 5 W & WLY OF C/L OF CSAH NO 14, TOG/W THAT PRT OF SW1A OF NW1A OF SD SEC LYG NWLY OF 1-35W, EX RDS, SUBJ TO EASE OF REC; and WHEREAS, a public hearing was held before the Planning & Zoning Board on November 14, 2018, and the Board recommended approval of the conditional use permit with a 6-0 vote; and WHEREAS, the City Council passed Resolution No. 18-171 on December 10, 2018 approving a conditional use permit for commercial stables; and WHEREAS, additional clarification and conditions to the resolution are required. 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: i a. Land Use Plan. The parcels of 1288 Main Street and 1325 Main Street are guided Urban Reserve and zoned R, Rural. Commercial Stables are allowed with a conditional use permit and are consistent with rural land uses. b. Transportation Plan. CSAH 14 (Main Street) is a principal arterial road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables operation. 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 subject sites shall be compliant with their required facility management and waste handling plan and feedlot regulations. Regulations of Chapter 1011: Stormwater, Erosion and Sediment Control shall be met to ensure runoff will not increase and surface water (wetlands) will not be impacted. The subject sites shall be in compliance with all City and other regulatory agencies requirements. e. Capital Improvement Plan. There will be no changes to the City's Capital Improvement Plan related to the commercial stables operation. f. Policy Plan. The commercial stables operation is consistent with the comprehensive plan (i.e. Policy Plan) in regards to land use, transportation, utilities, local water management and capital improvements. 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 2 to identify,protect and preserve the desirable natural areas and ecological and aquatic resources of the community. The City's greenway corridor exists on the parcels. The subject sites shall be in compliance with all City and other regulatory agencies requirements. 2. The proposed development application is compatible with present and future land uses of the area. The commercial stables are compatible with present and future land uses. The surrounding land uses are rural residential, county park/recreation, open space/conservation, and public/semi public. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The commercial stables conform 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 1-35E/Main St. interchanges. At City discretion, 3 n 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 14 (Main Street) is a principal arterial road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables. No substantial increase in traffic is proposed. The commercial stables have been operating on site for 20+years. 5. The proposed development shall be served with adequate and safe water supply. The site is served by a private well that can serve the commercial stables operation. 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 any future building modifications. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. There will be no premature expenditures of 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 commercial stables do not involve uses and activities detrimental to persons or property. The subject sites shall be in compliance with all City and other regulatory agencies requirements. A waste management plan shall be implemented at all times. 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. r� 4 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 1007.058(3) must also be met: The following standards shall apply to all commercial stables: (a) Commercial stables offering services to the public, and having the facilities to maintain or care for ten (10) or more horses, must have their principal entrance located on a state highway, county road, or city collector street. The principal entrance for the commercial stables is located on CSAH 14 (Main Street) which is a principal arterial road. (b) Commercial stables that offer boarding,training, or other services to the public shall provide sanitary facilities for the public's use. The sanitary facilities must be constructed in accordance with the state building code, and connected to an individual sewage treatment system or the municipal sanitary sewer system. The commercial stables offer a restroom for the public's use that is connected to a. private septic system. (c) Adjacent parcels of land under common ownership may be used to determine the maximum number of animal units allowed, if the parcels are operated as a single enterprise. a. In instances where a parcel of land consists of a fraction of an acre,the property size shall be rounded to the nearest whole number to determine the number of animal units allowed. 1288 Main Street is 8 acres and 1325 Main Street is 27 acres for a combined total of 35 acres. Ordinance 1007.080(5)69, allows for no more than 1 animal unit per 2 acres. For this specific instance, the parcels would be able to keep 18 animal units. b. Adjacent parcels of land shall not be separated by public right-of-way. 1288 Main Street and 1325 Main Street are not separated by public right of way. (d) Up to double the animal unit density may be allowed subject to an approved facility management and waste handling plan. The current number of animal units allowed on these combined parcels is I& With double this current animal unit density, the applicants would be permitted 36 animal units. A proper waste management plan will have to be submitted before the applicants adopt this allowed number of animal units. (e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no nearer than 100 feet from any inhabited, neighboring dwelling. 5 Barns, stables and sheds on the property are located more than 100 feet away from the inhabited neighboring dwelling. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for commercial stables at 1288 Main Street and 1325 Main Street subject to the following conditions: 1. The subject sites shall be in compliance with all City and other regulatory agencies requirements. 2. A combined total of 18 animal units are allowed between the 2 parcels without a facility management and waste handling plan. 3. A combined total of 36 animal units are allowed between the 2 parcels with a compliant facility management and waste handling plan. 4. The number of portable animal shelters shall be limited to four(4) on 1288 Main Street. 5. The number of portable animal shelters shall be limited to six (6) on 1325 Main Street. 6. The combined number of horse trailers allowed between the 2 parcels shall not exceed twelve (12). a. All horse trailers shall be licensed and operable. 7. The commercial stable operations shall be contained within the parcels to the greatest extent possible. a. Horseback riding in the right-of-way of CSAH 14(Main Street) and along the regional trail shall be kept to a minimum. b. Animal waste deposited along the right-of-way or on trails shall be removed immediately. 8. The commercial stables are subject to Chapter 503, Animal Control Regulations and shall be in compliance at all times. 9. Violations of the conditional use permit or other city, state or regional ordinances may result in revocation of the conditional use permit. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following requirements: 1. A building permit or zoning permit is required for all future building construction. 2. A detailed facility management and waste handling plan as acceptable by the MPCA shall be submitted to the City. a. The plan shall state a minimum 25 foot setback and vegetative buffer are required between the wetland boundary and manure bins. 3. All outstanding building permits shall be brought into compliance and finalized. Adopted by the Council of the City of Lino Lakes this 14ffi day of January, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member maher and upon vote being taken thereon, the following voted in favor 6 thereof: Rafferty, Maher, Manthey, Stoesz, Reinert The following voted against same: none Jeff Reinert, Mayor ATTEST: Juliam e Bartell, City Clerk 7 Record ID 4177227 YJ POF I N L KEG 221 8768 . 002 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 19-06 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 19-06, Approving a Conditional Use Permit for Commercial Stables at 1288 Main Street, approved by the Lino Lakes City Council on January 14, 2019, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on January 15, 2018. _P j i, City e 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 19-06 RESOLUTION AMENDING RESOLUTION NO. 18-171 APPROVING CONDITIONAL USE PERMIT FOR COMMERCIAL STABLES AT 1288 MAIN STREET AND 1325 MAIN STREET WHEREAS, the City received a land use application for commercial stables located at 1288 Main Street and 1325 Main Street and hereafter referred to as"Development" ; and WHEREAS, the property is zoned R, Rural and allows for a commercial stables with a conditional use permit; and WHEREAS, the legal description of the subject parcels are as follows: PID# 10-31-22-22-0009 (1288 Main Street) THAT PRT OF THE E 433.9 FT OF THE NW1A OF THE NW1/4 OF SEC 10 T31 R22 LYG SLY OF THE SLY R/W LINE OF ANOKA CO HWY R/W PLAT NO 25; EX THAT PRT DESC AS FOL: BEG AT THE SE COR OF SD 1/4,1/4, TH N ON THEE LINE THEREOF 208 FT, TH W PRLL/W THE S LINE THEREOF 416 FT, TH S PRLL/W SD E LINE TO THE S LINE THEREOF, TH E ALG SD S LINE TO THE POB; ALSO EX RD; SUBJ TO EASE OF REC PID# 10-31-22-23-0003 (1325 Main Street) THAT PRT OF E1/2 OF NW1A OF SEC 10 TWP 31 RGE 22 LYG NLY OF C/L OF I 35W& WLY OF C/L OF CSAH NO 14, TOG/W THAT PRT OF SW1/4 OF NW1/4 OF SD SEC LYG NWLY OF 1-35W, EX RDS, SUBJ TO EASE OF REC; and WHEREAS, a public hearing was held before the Planning & Zoning Board on November 14, 2018, and the Board recommended approval of the conditional use permit with a 6-0 vote; and WHEREAS, the City Council passed Resolution No. 18-171 on December 10, 2018 approving a conditional use permit for commercial stables;.and WHEREAS, additional clarification and conditions to the resolution are required. 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: 1 a. Land Use Plan. The parcels of 1288 Main Street and 1325 Main Street are guided Urban Reserve and zoned R, Rural. Commercial Stables are allowed with a conditional use permit and are consistent with rural land uses. b. Transportation Plan. CSAH 14 (Main Street) is a principal arterial road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables operation. 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 subject sites shall be compliant with their required facility management and waste handling plan and feedlot regulations. Regulations of Chapter 1011: Stormwater, Erosion and Sediment Control shall be met to ensure runoff will not increase and surface water (wetlands) will not be impacted. The subject sites shall be in compliance with all City and other regulatory agencies requirements. e. Capital Improvement Plan. There will be no changes to the City's Capital Improvement Plan related to the commercial stables operation. f. Policy Plan. The commercial stables operation is consistent with the comprehensive plan (i.e. Policy Plan) in regards to land use, transportation, utilities, local water management and capital improvements. 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 2 to identify,protect and preserve the desirable natural areas and ecological and aquatic resources of the community. The City's greenway corridor exists on the parcels. The subject sites shall be in compliance with all City and other regulatory agencies requirements. 2. The proposed development application is compatible with present and future land uses of the area. The commercial stables are compatible with present and future land uses. The surrounding land uses are rural residential, county park/recreation, open space/conservation, and public/semi public. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The commercial stables conform 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, 3 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 14 (Main Street) is a principal arterial road. The existing road has structural design and capacity to accommodate traffic proposed by the commercial stables. No substantial increase in traffic is proposed. The commercial stables have been operating on site for 20+years. 5. The proposed development shall be served with adequate and safe water supply. The site is served by a private well that can serve the commercial stables operation. 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 any future building modifications. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. There will be no premature expenditures of 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 commercial stables do not involve uses and activities detrimental to persons or property. The subject sites shall be in compliance with all City and other regulatory agencies requirements. A waste management plan shall be implemented at all times. 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. 4 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 1007.058(3)must also be met: The following standards shall apply to all commercial stables: (a) Commercial stables offering services to the public, and having the facilities to maintain or care for ten(10)or more horses, must have their principal entrance located on a state highway, county road, or city collector street. The principal entrance for the commercial stables is located on CSAH 14 (Main Street) which is a principal arterial road. (b) Commercial stables that offer boarding, training, or other services to the public shall provide sanitary facilities for the public's use. The sanitary facilities must be constructed in accordance with the state building code, and connected to an individual sewage treatment system or the municipal sanitary sewer system. The commercial stables offer a restroom for the public's use that is connected to a private septic system. (c) Adjacent parcels of land under common ownership may be used to determine the maximum number of animal units allowed, if the parcels are operated as a single enterprise. a. In instances where a parcel of land consists of a fraction of an acre,the property size shall be rounded to the nearest whole number to determine the number of animal units allowed. 1288 Main Street is 8 acres and 1325 Main Street is 27 acres for a combined total of 35 acres. Ordinance 1007.080(5)()g, allows for no more than I animal unit per 2 acres. For this specific instance, the parcels would be able to keep 18 animal units. b. Adjacent parcels of land shall not be separated by public right-of-way. 1288 Main Street and 1325 Main Street are not separated by public right of way. (d) Up to double the animal unit density may be allowed subject to an approved facility management and waste handling plan. The current number of animal units allowed on these combined parcels is 18. With double this current animal unit density, the applicants would be permitted 36 animal units. A proper waste management plan will have to be submitted before the applicants adopt this allowed number of animal units. (e) Buildings housing domestic livestock, including barns, stables, sheds, and similar facilities shall be located no nearer than 100 feet from any inhabited,neighboring dwelling. 5 Barns, stables and sheds on the property are located more than 100 feet away from the inhabited neighboring dwelling. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for commercial stables at 1288 Main Street and 1325 Main Street subject to the following conditions: 1. The subject sites shall be in compliance with all City and other regulatory agencies requirements. 2. A combined total of 18 animal units are allowed between the 2 parcels without a facility management and waste handling plan. 3. A combined total of 36 animal units are allowed between the 2 parcels with a compliant facility management and waste handling plan. 4. The number of portable animal shelters shall be limited to four(4) on 1288 Main Street. 5. The number of portable animal shelters shall be limited to six (6) on 1325 Main Street. 6. The combined number of horse trailers allowed between the 2 parcels shall not exceed twelve (12). a. All horse trailers shall be licensed and operable. 7. The commercial stable operations shall be contained within the parcels to the greatest extent possible. a. Horseback riding in the right-of-way of CSAH 14(Main Street) and along the regional trail shall be kept to a minimum. b. Animal waste deposited along the right-of-way or on trails shall be removed immediately. 8. The commercial stables are subject to Chapter 503, Animal Control Regulations and shall be in compliance at all times. 9. Violations of the conditional use permit or other city, state or regional ordinances may result in revocation of the conditional use permit. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following requirements: 1. A building permit or zoning permit is required for all future building construction. 2. A detailed facility management and waste handling plan as acceptable by the MPCA shall be submitted to the City. a. The plan shall state a minimum 25 foot setback and vegetative buffer are required between the wetland boundary and manure bins. 3. All outstanding building permits shall be brought into compliance and finalized. Adopted by the Council of the City of Lino Lakes this 14t' day of January, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member maher and.upon vote being taken thereon,the following voted in favor 6 My thereof: Rafferty, Maher, Manthey, Stoesz, Reinert The following voted against same: none Jeff Reinert Mayor ATTEST: Juli e Bartell, City Clerk 7 ANOKA­COUNTY TVNT NESOTA Document No.: 2218768.002 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 01/18/2019 10:36:00 AM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator/Recorder/'Registrar of Titles KFB, Deputy Record ID: 4177227