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HomeMy WebLinkAbout2019-129 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 19-129 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR DIRECT BORE, INC. (502 AND 510 LILAC STREET) WHEREAS, the City received a land use application for a Conditional Use Permit for Direct Bore, Inc. located at 502 and 510 Lilac Street 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 as follows: PARCEL I: All that part of the Northeast Quarter of the Northwest Quarter of Section Seventeen(17), Township Thirty-one (31)North, Range Twenty-two (22) West, Anoka County, Minnesota described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northwest Quarter of Section 17; thence East 0 degrees 00 minutes, along the North line thereof, 160 feet; thence South 0 degrees 00 minutes, 300 feet,thence West 0 degrees 00 minutes, 155.96 feet to the point of intersection thereof with the West line of said Northeast Quarter of the Northwest Quarter; thence North 0 degrees 46 minutes 15 seconds West along said West line, 300.03 feet to the point of beginning, Subject to Lilac Street along the north line thereof. PARCEL 2: All that part of the Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township Thirty-one (31)North, Range Twenty-two (22) West, Anoka County, Minnesota described as follows: Commencing at the Northwest corner of said Northeast Quarter of the Northwest Quarter of Section 17; thence East 0 degrees 00 minutes, along the North line thereof, 160 feet to the point of beginning; thence continuing East 0 degrees 00 minutes along the North line thereof 72.6 feet,; thence South 0 degrees 00 minutes 300 feet; thence West 0 degrees 00 minutes 72.6 feet, thence North 0 degrees 00 minutes 300 feet to the point of beginning. PARCEL 3: That part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 31, Range 22, Anoka County, Minnesota. 1 Commencing at the Northwest corner of said Northeast Quarter of Section 17, thence on an assumed bearing of East 0 degrees 00 minutes, along the North line of said Northeast Quarter of Northwest Quarter, a distance of 358.7 feet; thence South 0 degrees 00 minutes a distance of 300 feet to the point of beginning; thence continuing South 0 degrees 00 minutes a distance of 125 feet; thence West 0 degrees 00 minutes, a distance of 352.98 feet to the west line of said Northeast Quarter of Northwest Quarter; thence North 0 degrees 46 minutes 15 seconds West, a distance of 125.01 feet to the point of intersection with a line that bears West 0 degrees 00 minutes from the point of beginning; thence East 0 degrees 00 minutes, along said line, a distance of 354.66 feet to the point of beginning. EXCEPT that part platted as Parcel 21, CITY OF LINO LAKES RIGHT-OF- WAY PLAT NO. 2; and WHEREAS, City staff has completed a review of the land use application based on the following plans: • Certificate of Survey and Tree Inventory prepared by EG Rud & Sons, Inc. dated August 1, 2019 • Site and Civil Plans prepared by Plowe Engineering dated August 1, 2019 • Site Drainage Narrative prepared by Plowe Engineering dated July 19, 2019 • Applicant's Project Narrative dated June 10, 2019; and WHEREAS, a public hearing was held before the Planning& Zoning Board on September 11, 2019, 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: 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 proposed open and outdoor storage area is consistent with the Land Use, Utility, Local Water Management, Capital Improvement, Policy and Natural Environmental 2 Plans and recommendations of the comprehensive plan with the required rezoning and plan revisions as detailed in the October 14, 2019 Council staff report. 2. The proposed development application is compatible with present and future land uses of the area. The proposed open and outdoor storage area are compatible with present and future land uses with the rezoning of the site from GB, General Business to LI, Light Industrial. The subject site and adjacent parcels are guided and zoned for commercial and industrial use. Open and outdoor storage is consistent the industrial land uses. The single family house is a non-conforming use and may continue as a non-conforming use consistent with Section 1007.041. 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 area will meet zoning performance standards if conditions listed in this resolution are met. 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. 3 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, 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. The proposed construction-related business and open and outdoor storage do not change the level of service along Lilac Street It is a minor collector road and is capable of handling the traffic volume proposed by the construction-related business. Per the applicant's narrative, two (2) crews operate 2 trucks/trailers daily. 5. The proposed development shall be served with adequate and safe water supply. The proposed construction-related business and open and outdoor storage will be �-� served by an adequate and safe water supply. The existing single family house is served by a private well. The construction-related business is served by a 12" municipal watermain located along Lilac Street. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The proposed construction-related business and open and outdoor storage will be served by an adequate and safe sanitary sewer system. The existing single family house is served by a private septic system. Prior to occupancy of the single family house, an inspection report completed by an ISTS Maintainer/Service Provider shall be submitted to the Building Department. The construction-related business is served by an 8" municipal sanitary sewer located along Lilac Street. 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. 4 The proposed construction-related business and open and outdoor storage are allowed uses within the LI, Light Industrial Districts with an approved conditional use permit. 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) are also being met: (e) Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: 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. The required building setback along CSAH 12 (Apollo Drive) is 50 feet. The proposed �-� setback for open and outdoor storage area is 160 feet and is compliant. No outdoor storage is proposed or allowed between the single family house or construction-related business and public right-of-way. 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. Mature coniferous trees exist along the south lot line which abuts another industrial property. Mature coniferous trees also exist along the east lot line abutting CSAH 12 (Apollo Drive). The west lot line abuts industrial property and a chain linkfence with slats exists along the lot line. North of the proposed outdoor storage area is the residential single family home. Per Section 1007.043(17)691, the City Council may waive the landscape and screening requirements along the west and south property lines because they adjoin industrial properties. A solid 8ft tall privacy wood, vinyl, composite or similar product fence shall be installed along the north side of the outdoor storage area to screen between the industrial use and residential home. �-. 3. The entire storage area is fenced and secured in an appropriate manner. 5 The applicant is proposing an 8 ft tall chain link fence with slats around the perimeter of the bituminous outdoor storage pad and the existing gravel surface to the south. Outdoor storage is only allowed on the "Proposed Bituminous Surface" as shown on Sheet C2, Civil Site Plan. Outdoor storage is not allowed anywhere else on site, including the grass and existing gravel surface areas within the proposed chain link fence. 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 74.3'x 93.7' (6,948 sfi bituminous pad for outdoor storage will be installed west of the existing accessory structure. 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 does not take up any required parking space or loading space. The storage area is not allowed in the front yard. 6. The property shall not abut I-35W or 1-35E. 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. For this purpose, the accessory structure building footprint of 2,900 sf will be used. This would allow a storage area of 7,250 sf(2,900 sf x 2.5 = 7,250 sji. The proposed bituminous pad is 6,948 sf. The storage area ratio is compliant. 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, loading and truck staging activities will occur on site. On-street parking and loading is not proposed. 9. Storage shall not include material considered hazardous under Federal or State Environmental Law. The applicant is not proposing to store hazardous materials on site. 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 Direct Bore, Inc. located at 502 & 510 Lilac Street subject to the following conditions: 6 /001 1. The three (3) parcels shall be combined into one (1)parcel. 2. The one (1) parcel may have two (2) addresses, 502 Lilac Street for the single family house and 510 Lilac Street for the industrial business. 3. A Termination Agreement or similar document related to the 1979 special use permit and 1997 conditional use permit shall be recorded against the parcel. 4. The property owner shall keep on record a copy of an executed rental lease agreement related to the single family house. 5. Open and outdoor storage is only allowed in the area labeled"Proposed Bituminous Surface" as shown on Sheet C2, Civil Site Plan. 6. Open and outdoor storage is not allowed anywhere else on site, including the grass and existing gravel surface areas within the proposed chain link fence. 7. The single family house is a non-conforming use and may be continued if compliant with Section 1007.041 of the Zoning Code. 8. The existing mature coniferous trees along CSAH 12 (Apollo Drive) and the south property line as shown on the Certificate of Survey and Tree Inventory prepared by EG Rud & Sons, Inc. dated August 1, 2019 are acceptable for landscape screening. The type and number of trees shall be maintained or an 8 foot high fence, in conformance with the Buffer and Screen Standards provisions of Section 1007.043(17)(f) as amended, shall be installed. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following items being addressed prior r� to home occupancy and/or business operation: 1. An inspection report completed by an ISTS Maintainer/Service Provider shall be submitted to the Building Department. Any septic system issues shall be resolved prior to the occupancy of the single family home located at 502 Lilac Street. 2. A building permit for change of use shall be submitted and approved by the Building Department. 3. A Termination Agreement shall be drafted by the City Attorney and recorded against the property. 4. Sheet C2, Civil Site Plan: a. If approved by City Council, plans shall be revised to show an 8ft tall privacy wood, vinyl, composite or similar product fence be installed along the north side of the outdoor storage area to screen between the industrial use and the single family house. i. Fence and gate details are required. 5. All comments from the City Engineer letter dated September 5, 2019 shall be addressed. 6. Proof from Anoka County the three (3)parcels have been combined shall be provided to the City. 7. A Site Improvement Performance Agreement shall be executed and securities submitted prior to site improvement construction and business operation. r Adopted by the Council of the City of Lino Lakes this 14t'day of October, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member Manthey and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Manthey, Maher, Rafferty, Reinert The following voted against same: none (Absent - Stoesz ) Jeff eine yor ATTEST: Ju is e Bartell, Cit Clerk 8 Record ID 4246460 C I T Y O F IINOIAKES 2242346 . 001 CITY OF LINO LAKES CERTIFICATION RESOLUTION 19-129 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. 19-129, Approving a Conditional Use Permit for Direct Bore, Inc. (502 and 510 Lilac Street), approved by the Lino Lakes City Council on October 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 October 16, 2019. City Cle k 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 19-129 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR DIRECT BORE,INC. (502 AND 510 LILAC STREET) WHEREAS, the City received a land use application for a Conditional Use Permit for Direct Bore, Inc. located at 502 and 510 Lilac Street 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 as follows: PARCEL 1: All that part of the Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township Thirty-one (31)North, Range Twenty-two (22) West,Anoka County, Minnesota described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northwest Quarter of Section 17; thence East 0 degrees 00 minutes, along the North line thereof, 160 feet; thence South 0 degrees 00 minutes, 300 feet,thence West 0 degrees 00 minutes, 155.96 feet to the point of intersection thereof with the West line of said Northeast Quarter of the Northwest Quarter; thence North 0 degrees 46 minutes 15 seconds West along said West line, 300.03 feet to the point of beginning, Subject to Lilac Street along the north line thereof. PARCEL 2: All that part of the Northeast Quarter of the Northwest Quarter of Section Seventeen (17), Township Thirty-one (31)North, Range Twenty-two (22) West, Anoka County, Minnesota described as follows: Commencing at the Northwest comer of said Northeast Quarter of the Northwest Quarter of Section 17; thence East 0 degrees 00 minutes, along the North line thereof, 160 feet to the point of beginning; thence continuing East 0 degrees 00 minutes along the North line thereof 72.6 feet,; thence South 0 degrees 00 minutes 300 feet; thence West 0 degrees 00 minutes 72.6 feet,thence North 0 degrees 00 minutes 300 feet to the point of beginning. PARCEL 3: That part of the Northeast Quarter of the Northwest Quarter of Section 17, Township 31, Range 22, Anoka County, Minnesota. 1 Commencing at the Northwest corner of said Northeast Quarter of Section 17,thence on an assumed bearing of East 0 degrees 00 minutes, along the North line of said Northeast Quarter of Northwest Quarter, a distance of 358.7 feet; thence South 0 degrees 00 minutes a distance of 300 feet to the point of beginning; thence continuing South 0 degrees 00 minutes a distance of 125 feet; thence West 0 degrees 00 minutes, a distance of 352.98 feet to the west line of said Northeast Quarter of Northwest Quarter; thence North 0 degrees 46 minutes 15 seconds West, a distance of 125.01 feet to the point of intersection with a line that bears West 0 degrees 00 minutes from the point of beginning; thence East 0 degrees 00 minutes, along said line, a distance of 354.66 feet to the point of beginning. EXCEPT that part platted as Parcel 21, CITY OF LINO LAKES RIGHT-OF- WAY PLAT NO. 2; and WHEREAS, City staff has completed a review of the land use application based on the following plans: • Certificate of Survey and Tree Inventory prepared by EG Rud & Sons, Inc. dated August 1, 2019 • Site and Civil Plans prepared by Plowe Engineering dated August 1, 2019 • Site Drainage Narrative prepared by Plowe Engineering dated July 19, 2019 • Applicant's Project Narrative dated June 10, 2019; and WHEREAS, a public hearing was held before the Planning &Zoning Board on September 11, 2019, 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: 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 proposed open and outdoor storage area is consistent with the Land Use, Utility, Local Water Management, Capital Improvement, Policy and Natural Environmental 2 Plans and recommendations of the comprehensive plan with the required rezoning and plan revisions as detailed in the October 14, 2019 Council staff report. 2. The proposed development application is compatible with present and future land uses of the area. The proposed open and outdoor storage area are compatible with present and future land uses with the rezoning of the site from GB, General Business to LI, Light Industrial. The subject site and adjacent parcels are guided and zoned for commercial and industrial use. Open and outdoor storage is consistent the industrial land uses. The single family house is a non-conforming use and may continue as a non-conforming use consistent with Section 1007.041. 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 area will meet zoning performance standards if conditions listed in this resolution are met. 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. 3 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. The proposed construction-related business and open and outdoor storage do not change the level of service along Lilac Street It is a minor collector road and is capable of handling the traffic volume proposed by the construction-related business. Per the applicant's narrative, two (2) crews operate 2 trucks/trailers daily. 5. The proposed development shall be served with adequate and safe water supply. The proposed construction-related business and open and outdoor storage will be served by an adequate and safe water supply. The existing single family house is served by a private well. The construction-related business is served by a 12 municipal watermain located along Lilac Street. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The proposed construction-related business and open and outdoor storage will be served by an adequate and safe sanitary sewer system. The existing single family house is served by a private septic system. Prior to occupancy of the single family house, an inspection report completed by an ISTS Maintainer/Service Provider shall be submitted to the Building Department. The construction-related business is served by an 8" municipal sanitary sewer located along Lilac Street. 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. 4 The proposed construction-related business and open and outdoor storage are allowed uses within the LI, Light Industrial Districts with an approved conditional use permit. 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) are also being met: (e) Open and outdoor storage (not outdoor sales lots) as an accessory use provided that: 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. The required building setback along CSAH 12 (Apollo Drive) is 50 feet. The proposed setback for open and outdoor storage area is 160 feet and is compliant. No outdoor storage is proposed or allowed between the single family house or construction-related business and public right-of-way. 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. Mature coniferous trees exist along the south lot line which abuts another industrial property. Mature coniferous trees also exist along the east lot line abutting CSAH 12 (Apollo Drive). The west lot line abuts industrial property and a chain link fence with slats exists along the lot line. North of the proposed outdoor storage area is the residential single family home. Per Section 1007.043(17)691, the City Council may waive the landscape and screening requirements along the west and south property lines because they adjoin industrial properties. A solid 8ft tall privacy wood, vinyl, composite or similar product fence shall be installed along the north side of the outdoor storage area to screen between the industrial use and residential home. 3. The entire storage area is fenced and secured in an appropriate manner. 5 The applicant is proposing an 8 ft tall chain link fence with slats around the perimeter of the bituminous outdoor storage pad and the existing gravel surface to the south. Outdoor storage is only allowed on the "Proposed Bituminous Surface"as shown on Sheet C2, Civil Site Plan. Outdoor storage is not allowed anywhere else on site, including the grass and existing gravel surface areas within the proposed chain link fence. 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 74.3'x 93.7' (6,948 sJ) bituminous pad for outdoor storage will be installed west of the existing accessory structure. 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 does not take up any required parking space or loading space. The storage area is not allowed in the front yard. 6. The property shall not abut I-3 5 W or I-3 5E. 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. For this purpose, the accessory structure building footprint of 2,900 sf will be used. This would allow a storage area of 7,250 sf(2,900 sf x 2.5 = 7,250 s)9. The proposed bituminous pad is 6,948 sf. The storage area ratio is compliant. 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, loading and truck staging activities will occur on site. On-street parking and loading is not proposed. 9. Storage shall not include material considered hazardous under Federal or State Environmental Law. The applicant is not proposing to store hazardous materials on site. 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 Direct Bore, Inc. located at 502 & 510 Lilac Street subject to the following conditions: 6 1. The three (3)parcels shall be combined into one (1)parcel. 2. The one (1)parcel may have two (2) addresses, 502 Lilac Street for the single family house and 510 Lilac Street for the industrial business. 3. A Termination Agreement or similar document related to the 1979 special use permit and 1997 conditional use permit shall be recorded against the parcel. 4. The property owner shall keep on record a copy of an executed rental lease agreement related to the single family house. 5. Open and outdoor storage is only allowed in the area labeled"Proposed Bituminous Surface" as shown on Sheet C2, Civil Site Plan. 6. Open and outdoor storage is not allowed anywhere else on site, including the grass and existing gravel surface areas within the proposed chain link fence. 7. The single family house is a non-conforming use and may be continued if compliant with Section 1007.041 of the Zoning Code. 8. The existing mature coniferous trees along CSAH 12 (Apollo Drive) and the south property line as shown on the Certificate of Survey and Tree Inventory prepared by EG Rud& Sons, Inc. dated August 1, 2019 are acceptable for landscape screening. The type and number of trees shall be maintained or an 8 foot high fence, in conformance with the Buffer and Screen Standards provisions of Section 1007.043(17)(f) as amended, shall be installed. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following items being addressed prior to home occupancy and/or business operation: 1. An inspection report completed by an ISTS Maintainer/Service Provider shall be submitted to the Building Department. Any septic system issues shall be resolved prior to the occupancy of the single family home located at 502 Lilac Street. 2. A building permit for change of use shall be submitted and approved by the Building Department. 3. A Termination Agreement shall be drafted by the City Attorney and recorded against the property. 4. Sheet C2, Civil Site Plan: a. If approved by City Council,plans shall be revised to show an 8ft tall privacy wood, vinyl, composite or similar product fence be installed along the north side of the outdoor storage area to screen between the industrial use and the single family house. i. Fence and gate details are required. 5. All comments from the City Engineer letter dated September 5, 2019 shall be addressed. 6. Proof from Anoka County the three (3)parcels have been combined shall be provided to the City. 7. A Site Improvement Performance Agreement shall be executed and securities submitted prior to site improvement construction and business operation. Adopted by the Council of the City of Lino Lakes this 14'h day of October, 2019. The motion for the adoption of the foregoing resolution was introduced by Council Member Manthey and was duly seconded by Council Member Maher and upon vote being taken thereon, the following voted in favor thereof: Manthey, Maher, Rafferty, Reinert The following voted against same: none (Absent - Stoesz ) Jeff eine yor ATTEST: J i e Bartell, Ci Clerk 8 AT\"&A C.2JUN I 1 ML\NhNU1: Document No.: 2242346.001 ABSTRACT I hereby certify that the within instrument was filed in . this office for record on: 10/21/2019 3:41:00 PM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator'Recorder;!Registrar of Titles MDT, Deputy Record ID: 4246460