HomeMy WebLinkAbout2018-171 Council Resolution To County Recorder:
CITY OF LINO LAKES
RESOLUTION NO. 18-171
RESOLUTION 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 NW1/4 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
r.,
PID # 10-31-22-23-0003 (1325 Main Street)
THAT PRT OF E1/2 OF NW1/4 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 I-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.
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 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.
1
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
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
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%onservation, 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,
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
3
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.
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:
4
(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.
Barns, stables and sheds on the property are located more than 100 feet away from
the inhabited neighboring dwelling.
r
5
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 ten (10).
a. All horse trailers shall be licensed to the property owner and operable.
b. All horse trailers shall be fully screened so as not to be visible from the
public roadways of I-35W and CSAH 14 (Main Street).
c. Horse trailers and/or other equipment shall not be stored in the front yards
of either 1288 Main Street or 1325 Main Street.
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 10t' day of December, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council
Member Manthey and was duly seconded by Council Member Stoesz
and upon vote being taken thereon, the following voted in favor thereof
Manthey, Stoesz, Rafferty, Maher, Reinert
6
The following voted against same:
none
Jeff Reine yor
ATTEST:
Julie e Bartell, ity Srk
7
Record ID 4171580
C I T Y*rK
O F
2216510 . 001
L EG
CITY OF LINO LAKES
CERTIFICATION
RESOLUTION NO. 18-171
STATE OF MINNESOTA)
COUNTY OF ANOKA) SS
CITY OF LINO LAKES)
1, 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. 18-171,
Approving Conditional Use Permit for Commercial Stables at 1288 Main Street and 1235 Main
Street, approved by the Lino Lakes City Council on December 10, 2018, 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 December 12, 2018.
.k City Clerk
600 Town Center Parkway,Lino Lakes,MN 55014
Phone:651-982-2400•Fax:651-982-2499
To County Recorder:
CITY OF LINO LAKES
RESOLUTION NO. 18-171
RESOLUTION 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 43 3.9 FT OF THE NW 1/4 OF THE NW 1/4 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 L1NE 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 El/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 NWIA OF
SD SEC LYG NWLY OF I-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.
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 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.
1
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
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
,., 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%onservation, 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.
£ 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
3
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.
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:
4
.•� (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)0, allows for no more than 1 animal writ 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 bams, stables, sheds, and similar
facilities shall be located no nearer than 100 feet from any inhabited, neighboring
dwelling.
Barns, stables and sheds on the property are located more than 100 feet away from
the inhabited neighboring dwelling.
5
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 ten(10).
a. All horse trailers shall be licensed to the property owner and operable.
b. All horse trailers shall be fully screened so as not to be visible from the
public roadways of I-35W and CSAH 14 (Main Street).
c. Horse trailers and/or other equipment shall not be stored in the front yards
of either 1288 Main Street or 1325 Main Street.
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 10t`day of December, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council
Member Manthey and was duly seconded by Council Member Stoesz
and upon vote being taken thereon, the following voted in favor thereof
Manthey, Stoesz, Rafferty, Maher, Reinert
6
� R
The following voted against same:
none
Jeff Reine yor
ATTEST:
Juli e Bartell, ity rk
7
ANOKA COUNTY MINNESOTA
Document No.: 2216510.001 ABSTRACT
I hereby certify that the within instrument was filed in
this office for record on: 12/17/2018 2:23:00 PM
Fees/Taxes In the Amount of $46.00
JONELL M. SAWYER
Anoka County Property Tax
Administrator/Recorder/Registrar of Titles
NBJ, Deputy
Record ID: 4171580