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HomeMy WebLinkAboutResolution 23-101 CITY OF LINO LAKES RESOLUTION NO. 23-101 RESOLUTION APPROVING CONDITIONAL USE PERMIT AMENDMENT TO RESOLUTION NO. 21-69 FOR OUTDOOR STORAGE FOR TOMAS COMPANIES, INC./GLAMOS WIRE, INC. (2300 MAIN STREET) WHEREAS, on July 12, 2021, the City Council passed Resolution No. 21-69 approving a Conditional Use Permit for Open and Outdoor Storage at Glamos Wire, Inc. (2300 Main Street); and WHEREAS, on August 14, 2023, the City received a land use application for a Conditional Use Permit amendment from Tomas Companies, Inc./Glamos Wire, Inc. to expand the existing outdoor storage area and hereafter referred to as "Development"; and WHEREAS, the September 13, 2023 Planning& Zoning Staff Report and the October 9, 2023 Council Staff Report provide supporting narrative and documentation to the land use application; and WHEREAS, the property is zoned LI, Light Industrial and allows for outdoor storage with an approved conditional use permit; and WHEREAS, the legal description of the subject property is as follows: THE W1/2 OF SE1/4 OF NE1/4 OF SEC 24 TWP 31 RGE 22, EX RD, SUBJ TO EASE OF REC; and WHEREAS, City staff has completed a review of the land use application based on the following plans: • Narrative prepared by Bolton & Menk dated August 14, 2023 • Certificate of Survey prepared by Bolton & Menk dated September 21, 2023 • Site Development Plans for Tomas Companies prepared by Bolton & Menk dated September 21, 2023 • ALTA/NSPS Land Title Survey prepared by EG Rud & Sons, Inc. dated July 2, 2020 • Impervious Areas Exhibit prepared by Bolton & Menk dated August 2023 • Stormwater Drainage Report, Drainage Maps & Modeling prepared by Bolton & Menk revised dated September 21, 2023 • Geotechnical Report prepared by Braun Intertec Corporation dated March 29, 1996 • Wetland Delineation Report prepared by Bolton & Menk dated April 25, 2023 1 WHEREAS, a public hearing was held before the Planning & Zoning Board on September 13, 2023 and the Board recommended approval of the conditional use permit amendment with a 7-0 vote. NOW,THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby makes the following findings: FINDINGS OF FACT Per City Code Section 1007.016(3): (e) The Planning and Zoning Board shall hold the public hearing and consider possible adverse effects of the proposed conditional use. Its judgement shall be based upon, but not limited to, the following factors: 1. The proposed development application has been found to be consistent with the design standards listed in City Code Section 1007.020(4). See below. 2. 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 proposed outdoor storage 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. 3. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed outdoor storage will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Per City Code Section 1007.020: (4) Performance Standards. Plans which fail to meet the following criteria shall not be approved. (a) The proposed development application must be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. The proposed outdoor storage is consistent with industrial land use. 2 (b) The proposed development application is compatible with present and future land uses of the area. The proposed outdoor storage is compatible with present and future land uses of the area. (c) The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed outdoor storage conforms to City Code performance standards with minor revisions as noted in this resolution. (d) Traffic generated by a proposed development application is within the capabilities of the City when: 1. If the existing level of service (LOS) outside of the proposed development is A or B, traffic generated by a proposed development will not degrade the level of service more than one grade. 2. If the existing LOS outside of the proposed development is C, traffic generated by a proposed development will not degrade the level of service below C. 3. If the existing LOS outside of the proposed development is D, traffic generated by a proposed development will not degrade the level of service below D. 4. The existing LOS must be D or better for all streets and intersections providing access to the proposed development. If the existing level of service is E or F, the developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. 5. Existing roads and intersections providing access to the proposed development must have the structural capacity to accommodate projected traffic from the proposed development or the developer will pay to correct any structural deficiencies. 6. The traffic generated from a proposed development 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. 7. The LOS requirements in paragraphs 1. to 4. 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 3 resolve deficiencies. This plan must determine traffic generated by the proposed development 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. Traffic generated by Glamos Wire, Inc. and the outdoor storage area are within capabilities of the streets serving the property. CR 84 (Otter Lake Road) and CSAH 14 (Main Street) are arterial and A-Minor Connector roads respectively. (e) The proposed development shall be served with adequate and safe water supply. The proposed outdoor storage will have an adequate water supply. (f) The proposed development shall be served with an adequate or safe sanitary sewer system. The proposed outdoor storage does not require sanitary sewer. (g) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The proposed outdoor storage will not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. (h) 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 outdoor storage does not involve any activity involving the handling or storage of flammable or explosive materials. 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 City Code Section 1007.120 (9) must also be met: (e) 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. Outdoor storage is prohibited between the principal structure and any public right-of-way. 4 The required building setback along CR 84 (Otter Lake Road) is 50 feet. The proposed outdoor storage and fence setback is 160 ft. This requirement is met. The required building setback along the rear lot line is 15 feet. The proposed outdoor storage and fence setback is 250 ft. This requirement is met. The required building setback along the side lot line is 10 feet. The proposed outdoor storage and fence is 18 ft. This requirement is met. No outdoor storage area is proposed between the principal structure and the 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 compliance with City Code Section 1007.043(17)(f). City Code Section 1007.043(17)(f) Buffer and Screen Standards for outdoor storage yards requires a 10 foot screen height and a wall or fence of permanent materials and plantings shall provide shrub cover for 50 percent of the wall or fence on the exterior side. Additionally, at its discretion, the City Council may approve a modification or waiver from these standards where the affected lot line adjoins another industrial property. Sheet C1.01, Site Plan notes the new fence section along Otter Lake Road is a 10ft tall vinyl fence to match the existing fence. Required landscaping is also provided. The south and east lot lines adjoin other industrial properties. City Council approves an 8ft tall vinyl fence to match existing be installed along the south and east perimeters of the outdoor storage area. No additional landscape plantings are required. 3. The entire storage area is fenced and secured in an appropriate manner. The proposed storage area is fenced and secured in an appropriate manner. 4. The storage area is blacktopped or concrete surfaced. The proposed outdoor storage area will be paved with asphalt. 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 proposed outdoor storage area does not impact off-street parking requirements. 6. The property shall not abut 1-35W or 1-35E. 5 The property does not abut I-35W or I-35E. 7. The ratio of storage area to building footprint shall not exceed 1:1. The total storage area is 3.22 acres (1.31 acres existing + 1.91 acres new) and the building footprint is 3.22 acres. The ratio requirement is met. 8. All parking, loading and truck staging activities shall occur on site. On- street parking and loading associated with the use is prohibited. No on-street parking or loading is proposed. 9. Storage shall not include material considered hazardous under Federal or State Environmental Law. No additional comment. 10. The outdoor storage items or materials shall be directly related to the principal industrial user. No off-site user storage shall be allowed. No additional comment. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit amendment to Resolution No. 21-69 to expand the outdoor storage area for Tomas Companies, Inc./Glamos Wire, Inc. located at 2300 Main Street subject to the following conditions: 1. All illegal outdoor storage shall be removed within 30 days of the date of approval. 2. Except as approved by Resolution No. 21-69, no outdoor storage shall be allowed until the outdoor storage expansion area is completed. 3. The outdoor storage expansion area shall commence construction within six (6) months of the date of approval. 4. The outdoor storage expansion area shall be complete within twelve (12) months of the date of approval. 5. The outdoor storage of any semi-trailers, vehicles, equipment, materials etc. shall be accessory to the principal use. No off-site user storage shall be allowed. 6. The fence and/or outdoor storage items shall not impede or impair the function of the drainage or stormwater management system. 7. The only items and equipment allowed in the outdoor storage area are as follows: a. Semi-trailers, utility trailers, and company vehicles 6 b. Wire stems c. Steel scrap bin d. Bales of cardboard e. Overflow pallets f. Snow plow and sanding equipment g. One (1) eight (8) yard trash bin 8. All outdoor storage shall be located within the approved outdoor storage area. No items or equipment shall be stored on the grass or landscaped area. 9. No outside storage shall be located between the principal structure and any public right-of-way. 10. No outdoor storage shall occur within 10 ft. of the east lot line within the outdoor storage area. 11. The landscape planting requirement along the south fence and east fence is waived; however, the existing trees and landscaping shall not be removed or they shall be replaced to provide sufficient screening in accordance with City Code. 12. A Site Performance Agreement and securities are required. 13. A building permit for the fence installation is required. 14. Failure to comply with any of the above listed conditions or approved plans 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 being addressed prior to issuance of a permit: 1. All plan sheets, submittals, and Certificate of Survey shall clearly and consistently show a solid line for all lot lines. a. Per City Code Section 1007.001: Definitions LOT LINE. A property boundary line of any lot held in single or separate ownership except that where any position of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley right-of-way. 2. All plan sheets shall include the correct revision date. 3. Certificate of Survey: a. The lot line along CR 84 (Otter Lake Road) shall be clearly shown with a solid line. b. The Building Setback Line along CR 84 (Otter Lake Road) shall be revised to 50ft. 7 4. Site Development Plans for Tomas Companies: a. On all plan sheets, the lot line along CR 84 (Otter Lake Road) shall be clearly shown with a solid line. b. On all plan sheets, the Legend shows a dashed line for the Property Line which is not shown on the plans. This shall be revised. c. Sheet C1.01, Site Plan: i. Setback measurements shall be provided from the lot lines to the fences. 1. The setback line along CR 84 (Otter Lake Road) shall be revised to 50ft. 2. The setback line along the rear/south lot line shall be revised to 15ft. ii. Hydrants, utility mains, and symbols shall be shown and labeled. d. Sheet L2.02, Fence Details: i. The Section of Screening notes an "Existing 10' white vinyl fence" but an 8' vinyl fence was approved in June 2022. Please confirm height and revise plan sheet accordingly. e. Sheet C3.02, Wetland Buffer: i. The sheet shall include the following: 1. A north arrow. 2. Monument sign locations per RCWD regulations. 3. Legend defining what the hatch marked areas represent. ii. The City of Lino Lakes and RCWD shall be listed as benefactors to any wetland declarations or easements. Adopted by the Council of the City of Lino Lakes this 9th day of October, 2023. • Rob ' �-rty, Mayor ATTEST: �� Jolleen Chaika, City Clerk 8