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HomeMy WebLinkAbout2020-144 Council Resolution• • 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. • • 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. 2 • • • 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 • • • 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 • • • 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. • • • • 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 • • • This Instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 4