HomeMy WebLinkAbout2020-144 Council Resolution•
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CITY OF LINO LAKES
RESOLUTION NO. 20-144
RESOLUTION AMENDING RESOLUTION NO. 20-129 AND
RESOLUTION NO. 20-130 AS THEY RELATE TO 426 PINE STREET
WHEREAS, on November 9, 2020 the City Council approved Resolution No. 20-129 for
a Conditional Use Permit for Commercial Stables and Resolution No. 20-130 for a
Conditional Use Permit Termination Agreement; and
WHEREAS, both resolutions and the Conditional Use Permit Termination Agreement
incorrectly reference a previous Conditional Use Permit approval date of 1986; and
WHEREAS, the correct date should be 1968; and
WHEREAS, the resolutions apply to PID #05-31-22-22-0003 and #05-31-22-22-0005
and shall be referred to as the "subject site"; and
WHEREAS, the legal description of the subject site parcels are as follows:
PID# 05-31-22-22-0003:
E 400 FT OF N 650 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP
31 RGE 22, EX RD, SUBJ TO EASE OF REC
PID # 05-31-22-22-0005:
THE W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400
FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS
FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR
THEREOF, TH S ALG SD W LINE 208 FT, TH E 208 FT, TH N 208
FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD,
SUBJ TO EASE OF REC; and
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby approves Resolution No. 20-144 correcting the resolutions and Conditional
Use Permit Termination Agreement; and
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes that the
conditional use permit criteria for commercial stables as approved by Resolution No. 20-
129 remain as follows:
1. A maximum of 12.5 animal units are allowed on the subject site without an
approved facility management and waste handling plan.
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a. If PID# 05-31-22-22-0006 were to be sold and/or not remain under
common ownership, the maximum number of allowed animal units on the
subject site would be reduced to 10.5.
2. A maximum of twenty-five (25.0) animal units are allowed on the subject site
with an MPCA approved facility management and waste handling plan.
a. If PID# 05-31-22-22-0006 were to be sold and/or not remain under
common ownership, the maximum number of allowed animal units on the
subject site would be reduced to 21.0.
3. The applicant shall work with the MPCA in creating an approved facility
management and waste handling plan.
a. If the facility management and waste handling plan requires off -site
storage of manure waste, a written and signed agreement with an off -site
property owner shall be submitted to the City annually. The agreement
shall detail the number of times manure waste will be removed from the
site and how much waste will be removed.
b. An approved plan shall be submitted to the City within six (6) months of
Council approval of the conditional use permit.
4. The Conditional Use Permit Council resolution shall be recorded against the
subject site (PID# 05-31-22-22-0003 and PID # 05-31-22-22-0005) by the City.
5. The subject site shall be in compliance with all City and other regulatory agencies
requirements.
a. Compliance shall be required within one (1) year of the conditional use
permit (CUP) approval or the CUP may be revoked.
b. Future violations of the conditional use permit or other city, state or
regional ordinances may result in revocation of the conditional use permit.
6. No manure bins or manure storage shall be located in the wetlands or floodplain.
7. No manure waste shall be stored or spread within 50 ft of a wetland.
a. A 50 ft wide vegetated wetland buffer shall be maintained.
8. The applicant shall provide documentation to the City that the septic system and
drain field on the subject site have been inspected and determined to be in
compliance with state requirements and sized for intended use.
9. Any future improvements required for restrooms shall be ADA compliant.
10. The number of portable animal shelters on the subject site shall be limited to six
(6).
11. The commercial stables are subject to Chapter 503, Animal Control Regulations
and shall be in compliance at all times.
12. PID #05-31-22-22-0003 and PID #05-31-22-22-0005 shall be combined with
Anoka County.
a. After the City has recorded the Termination Agreement and resolution, the
applicant shall work with Anoka County to combine the two (2) parcels.
b. Proof of combination shall be submitted to the City.
c. The newly combined parcel for the commercial stables shall be addressed
450 Pine Street.
13. The commercial stable operations shall only occur on the newly combined parcel
addressed 450 Pine Street.
14. The 4-9-861968-Conditional Use Permit for Riding Stable/Show Arena and 1997:
Conditional Use Permit for BMX Track/Arena shall be terminated.
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a. The Conditional Use Permit Termination Agreement shall be executed by
the City and applicant and recorded by the City.
15. A building permit or zoning permit is required for all future building construction.
Adopted by the Council of the City of Lino Lakes this 23rd day of November, 2020.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
Lyden and was duly seconded by Councilmember Cavegn and upon vote being taken thereon,
the following voted in favor thereof:
Lyden, Cavegn, Ruhland, Stoesz, Rafferty
The following voted against same: None
ATTEST:
e Bartell, Cty Cle
f-• 114t-ILN,.
R.57
Rafferty, Mayor
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CITY COUNCIL
AGENDA ITEM 1F
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: November 23, 2020
TOPIC: Consider Resolution No. 20-144 Amending Resolution No. 20-
129 and Resolution No. 20-130 as related to 426 Pine Street
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting Council consideration of Resolution No. 20-144 amending both Resolution
No. 20-129 and Resolution No. 20-130 as they relate to 426 Pine Street.
BACKGROUND
On November 9, 2020, Council approved Resolution No. 20-129 for a Conditional Use Permit
(CUP) for Commercial Stables and Resolution No. 20-130 for a Conditional Use Permit
Termination Agreement for 426 Pine Street. Unfortunately, both resolutions and the CUP
Termination Agreement incorrectly reference a previous CUP approval date of 1986. The
correct date should be 1968. Resolution No. 20-144 corrects the error. The Conditional Use
Permit Termination Agreement has also been corrected.
ANALYSIS
Corrections to the November 9, 2020 Council staff report:
The property at 426 Pine Street has had the following uses:
• 4s486 1968-Conditional Use Permit for Riding Stable/Show Arena
• 1997: Conditional Use Permit for BMX Track/Arena
Both the 4-986 1968 and 1997 conditional use permits have expired because the uses have
ceased for more than one (1) year (Section 1007.016(2)(k)).
RECOMMENDATION
Staff recommends approval of Resolution No. 20-144.
ATTACHMENTS
1. Resolution No. 20-144
2. Conditional Use Permit Termination Agreement
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CONDITIONAL USE PERMIT
TERMINATION AGREEMENT
This Agreement is made this day of , 2020 by and between
("Owner") and the City of Lino Lakes ("City"), a municipal corporation.
WITNESSETH:
WHEREAS, on September 23, 1968 the City approved a conditional use permit for a Riding
Stable/Show Arena on the Property shown on Exhibit A; and
WHEREAS, the legal description of the Property is as follows:
PID# 05-31-22-22-0003:
E 400 FT OF N 650 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP
31 RGE 22, EX RD, SUBJ TO EASE OF REC
PID # 05-31-22-22-0005:
THE W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22, EX E 400
FT OF N 650 FT THEREOF, ALSO EX THAT PRT OF SD W3/4 DESC AS
FOL: BEG AT A PT ON W LINE OF SD W3/4 800 FT S OF NW COR
THEREOF, TH S ALG SD W LINE 208 FT, TH E 208 FT, TH N 208
FT, TH W 208 FT TO POB, ALSO EX N 375 FT OF SD W3/4, EX RD,
SUBJ TO EASE OF REC
PID #05-31-22-22-0006:
N 375 FT OF W3/4 OF NW1/4 OF NW1/4 OF SEC 5 TWP 31 RGE 22,
EX E 400 FT THEREOF, EX RDS, SUBJ TO EASE OF REC; and
WHEREAS, on September 22, 1997 the City approved an amended conditional use permit to
allow for the Rehbein Arena/BMX Bike Racing on the Property; and
WHEREAS, the Owner has applied for a new conditional use permit to allow for Commercial
Stables; and
WHEREAS, by Resolution No. 20-129 and Resolution No. 20-144, the City Council has
approved and amended the new conditional use permit, the terms of which are outlined in the
Resolutions, and the Owner concurs with the conditions of said permit; and
WHEREAS, both parties hereto desire that the terms and conditions of Resolutions take
precedence over the two prior conditional use permits.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The 1968 and 1997 Conditional Use Permits are hereby terminated, and are null and void
and of no future effect.
2. Use of the Property, prospectively, shall be governed by the conditional use permit
granted by Resolution No. 20-129 and amended by Resolution No. 20-144, attached
hereto as Exhibit B.
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OWNER CITY OF LINO LAKES
By By
Christopher L. Stowe Mayor
ATTEST:
By
City Clerk
STA I B OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on day of , 2020,
by Rob Rafferty as Mayor of the City of Lino Lakes on behalf of said City.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA
This instrument was acknowledged before me on day of
by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
, 2020
On this day of , 2020, before me, a Notary Public within and
for said County, personally appeared, Christopher L. Stowe, who executed the foregoing
instrument.
Notary Public
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This Instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
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