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HomeMy WebLinkAboutResolution 23-010 CITY OF LINO LAKES RESOLUTION NO. 23-10 RESOLUTION APPROVING INTERIM USE PERMIT FOR EARTH MOVING AND STOCKPILING AT THE PHELPS ROAD STOCKPILE (PID #24-31-22-42- 0004) WHEREAS,the City received a land use application for an interim use permit for earth moving and stockpiling on property on Phelps Road and hereafter referred to as "Development"; and WHEREAS,the property is zoned LI, Light Industrial, and allow for earth removal, land reclamation,material storage or filling with an interim use permit; and WHEREAS,the legal descriptions of the subject properties are as follows: The West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 24, Township 31, Range 22,Anoka County, Minnesota, EXCEPT the following described tract: Beginning at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of said Section 24; thence East along the South line thereof a distance of 660.97 feet,more or less,to the East line of the West 1/2 of said quarter-quarter; thence North along said East line a distance of 265.87 feet; thence West a distance of 661.32 feet, more or less, to a point in the West line of said quarter-quarter; thence South along said West line a distance of 263.38 feet to the point of beginning, according to the U.S. Government Survey thereof. WHEREAS, City staff has completed a review of the land use application based on the plan set prepared by Stantec, dated December 15, 2022, and received by the City on December 15, 2022. WHEREAS, a public hearing was held before the Planning &Zoning Board on January 11, 2023, and the Board recommended approval of the interim use peiuiit. 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. 1 c. Utility(Sewer and Water) Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The proposed earth moving and stockpiling is consistent with the Comprehensive Plan. The grading plan and earth moving operation have been reviewed by City staff and was submitted to the Rice Creek Watershed District(RCWD)for review. The excavation and filling will not have a negative impact on land use, transportation, utilities or the environment.. 2. The proposed development application is compatible with present and future land uses of the area. The proposed earth moving and stockpiling is compatible with present and future land uses of the area. Present land use is vacant industrial and future land use is industrial. Earth moving is allowed in all zoning districts with conditions. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed earth moving and stockpiling conforms to the performance standards of the City Code with conditions as established. The plans have been reviewed by City staff and were submitted to the RCWD for review. 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. 2 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 cost sharing among other jurisdictions and other properties that contribute to traffic at the interchange. A traffic study was not completed due to the fact that the work only includes earth moving and stockpiling for future site needs. Traffic generated by the earth moving and stockpiling operations will not permanently change the traffic on Phelps Road or the Otter Lake Service Road nor will it permanently impact the intersections with Otter Lake Road at this time. A traffic study will be required when the site is developed Phelps Road is a city street and was constructed to city standards from Otter Lake Road to the eastern property line of the site. Phelps Road is a 9-ton design, but during spring road restrictions, a 5-ton limit applies. The design of the Otter Lake Service Road is unknown and should be restricted to 5-ton weight due to current conditions of the road Truck traffic will be limited to these weight restrictions. The hauling, dumping and grading of excavated materials shall occur within the project boundaries as shown on the plans. It is anticipated that the Otter Lake Service Road will need to be upgraded with future development. 5. The proposed development shall be served with adequate and safe water supply. The proposed earth moving and stockpiling does not require a water service as proposed Municipal water main is located along Phelps Road and can be extended to the property should the applicant wish to connect in the future. 3 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The proposed earth moving and stockpiling does not require service by sanitary sewer. Municipal sanitary sewer is located along is located along Phelps Road and can be extended to the property should the applicant wish to connect in the future. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The proposed earth moving and stockpiling operation will not expend City funds. 8. Fire prevention and fighting equipment acceptable to the Board of Fire Underwriters and City Council shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on. The proposed earth moving and stockpiling operation does not involve any activity handling or storing flammable or explosive materials. BE IT FURTHER RESOLVED by the City Council of Lino Lakes in addition to the administrative requirements of an interim use permit,the following standards of Section 1007.051(4), are being met, as outlined in the staff report dated January 11, 2023, prepared for review for the Planning and Zoning Board of Lino Lakes: BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the interim use permit for earth moving and stockpiling located on Phelps Road (PID#24-31-22-42-0004)) subject to the following conditions: 1. Fill stockpiles shall be limited to the areas identified in the plans prepared by Stantec, dated December 15, 2022, and received by the City on December 15, 2022, and any revisions to the plans approved by the City. 2. Comments from the City Engineer letter dated January 4,2023, shall be addressed. 3. Comments from the City Environmental Coordinator letter dated January 4, 2023, shall be addressed. 4. The vehicles accessing or exiting the site shall not track sediment on Phelps Road or Otter Lake Service Road. Any street tracking that does occur from vehicles entering or leaving the site must be swept within one calendar day of discovery. The sediment removal facilities on site, such as the gravel entrance, must be maintained to prevent tracking. 5. Fill stockpiles shall be at least 50-ft from the road easement and property lines. 6. The total fill stockpiles shall not exceed 210,000 square feet in area. 7. The northwestern stockpile shall have a maximum top elevation of 925,the northeastern stockpile shall have a maximum top elevation of 924, and the southern fill stockpile shall have a maximum top elevation of 922. 8. Maximum side slope of fill stockpiles to be 4:1. 4 9. Equipment on site shall be limited to what is necessary for earth moving and filling operations, including loading and hauling equipment, and equipment needed for grading. Non-functioning equipment is not allowed to be stored on site. 10. Vehicles entering and leaving the site shall adhere to the road weight restrictions for each roadway. 11.No fill may be placed in the delineated wetlands, the Natural Resource Conservation Area, or the FEMA floodplain on the site. 12. Owner will follow the applicable standards and requirements of the City of Lino Lakes, Rice Creek Watershed District,Army Corp of Engineers, Minnesota Pollution Control Agency, Minnesota Department of Natural Resources and any other agency having jurisdiction over the property and shall secure and file with the City, copies of any permits required by outside agencies. Owner will file with the City within ten(10) days of receipt, copies of any permits and/or notice of enforcement actions by these agencies. 13. Owner will permit a City Inspector to view the premises during normal business hours. 14. The Interim Use Permit shall only be valid for 18 months once approved by City Council. All grading, stockpiling, and final turf establishment must be completed within the 18 months. The permit may be extended by the City Council following a written request by the applicant submitted at least three months prior to expiration, and review at a public hearing. 15. A Site Performance Agreement shall be executed and recorded. 16. The City will maintain a$5,000 escrow provided by the owner that shall be reestablished annually by January 15th. This escrow will be for inspection, erosion control, and other City costs associated with the earth moving and filling. If the above escrow amount is insufficient,the owner shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. Adopted by the Council of the City of Lino Lakes this 13th day of February, 2023. The motion for the adoption of the foregoing resolution was introduced by Council Member and was duly seconded by Council Member RU Nand and upon vote bein taken thereon,the following voted in favor thereof: Ryden, s oeS`*--, .r1y, RUh\and The following voted against same: N one �-, tc-ter r ob afferty, Mayor ATTEST: Hannah Lynch, City Cl4. 5