Loading...
HomeMy WebLinkAboutResolution 23-111 CITY OF LINO LAKES RESOLUTION NO. 23-111 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR AGRITOURISM AT 1415 ASH STREET (KAVAN CHRISTMAS TREE FARM) WHEREAS, on September 18, 2023, the City received a land use application for a conditional use permit for agritourism at 1415 Ash Street (Kavan Christmas Tree Farm) and hereafter referred to as "Development"; and WHEREAS, the October 11, 2023 Planning & Zoning Staff Report and the November 13, 2023 Council Staff Report provide supporting narrative and documentation to the land use application; and WHEREAS, the property is zoned R, Rural and allows for agritourism with an approved conditional use permit; and WHEREAS, the legal description of the subject property is as follows: The Northeast Quarter (NE1/4) of the Southwest Quarter (SW1/4) of Section 34, Township 31, Range 22, Anoka County, Minnesota, except for a strip of land deeded to St. Croix Falls Minnesota Improvement Company by deed recorded in Book 54, Page 149 together with the easement area described within document number 1236452. ALSO, except that part of the Northeast Quarter of the Southwest Quarter of Section 34, Township 31 North, Range 22 West, described as follows: Beginning at the southeast corner of said Northeast Quarter of the Southwest Quarter; thence on an assumed bearing of South 89 degrees 43 minutes 46 seconds West, along the south line of said Northeast Quarter of the Southwest Quarter, a distance of 218.00 feet to the northwest corner of the easterly 218.00 feet of the Southeast Quarter of the Southwest Quarter of said Section 34; thence North 00 degrees 09 minutes 50 seconds West, along the northerly extension of the west line of said easterly 218.00 feet of the Southeast Quarter of the Southwest Quarter, a distance of 35.19 feet; thence North 89 degrees 24 minutes 36 seconds East a distance of 90.52 feet; thence South 87 degrees 13 minutes 45 seconds East a distance of 70.00 feet; thence South 61 degrees 11 minutes 50 seconds East a distance of 65.81 feet to the point of beginning.; and WHEREAS, City staff has completed a review of the land use application based on the following plans: • Applicant Narrative received on September 13, 2023 • Barn Schematics 1 • Wetland Delineation Report prepared by Kjolhaug Environmental Services Company, Inc. • MN Wetland Conservation Act Notice of Decision dated June 28, 2023 • Certificate of Survey prepared by EG Rud & Sons, Inc. dated September 13, 2023 October 16, 2023 • Site Plan Exhibit prepared by EG Rud & Sons, Inc. dated September 13, 2023 October 27, 2023 • Site Plan Exhibit with Labels prepared by EG Rud & Sons, Inc. dated September 13, 2023 October 27, 2023 • Recommendations for Surfacing of Drive and Parking Areas prepared by MJC Engineering LLC dated August 1, 2023 • Cost Estimates • Traffic Study prepared by S2 Traffic Solutions dated July 17, 2023 • Monument Sign Detail and Location Map • Grading, Drainage, and Erosion Control Plan prepared by EG Rud & Sons, Inc. dated September 7, 2023 October 27, 2023; and WHEREAS, a public hearing was held before the Planning & Zoning Board on October 11, 2023 and the Board recommended approval of the conditional use permit with a 7-0 vote. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that: 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 agritourism tree farm will not involve activities detrimental to any person, property, or the general welfare. 2 3. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed agritourism tree farm will not result in the destruction 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 agritourism tree farm is consistent with Lino Lakes Comprehensive Plan. (b) The proposed development application is compatible with present and future land uses of the area. The proposed agritourism tree farm 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 agritourism tree farm conforms to City Code performance standards. (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. 3 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 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. The proposed agritourism tree farm meets LOS requirements. CSAH 32/CR J (Ash Street) is an A- Minor Expander Arterial road and has structural capacity to accommodate traffic from the proposed development. The traffic generated from a proposed development does not require City street improvements. (e) The proposed development shall be served with adequate and safe water supply. The proposed agritourism tree farm does not require a water supply. (f) The proposed development shall be served with an adequate or safe sanitary sewer system. The proposed agritourism tree farm does not require a sanitary sewer supply. On-site temporary restrooms will be provided. (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 agritourism tree farm does not require City funds. (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. 4 The proposed agritourism tree farm does not involve any activity involving the handling or storage of flammable or explosive materials. BE IT FURTHER RESOLVED the following specific performance standards of City Code Section 1007.059 have also been met: (4) The site shall comply with the following requirements: (a) Minimum lot area of 10 acres. The lot area is 39.87 acres. (b) All uses permitted by this section shall have at least one (1) primary access onto a collector street as identified on the functional classification map with the condition that the increase in traffic shall not create a nuisance, to nearby residents by way of traffic or noise or increase the public cost in maintaining the street. The site is accessed via CSAH 32/CR J (Ash Street) which is an A-Minor Expander Arterial road. (c) All structure, parking area, and agritourism related activity setbacks shall be 50 feet from any side or rear lot line. Drive aisle setbacks shall be 20 feet to any side or rear lot line. The proposed parking lot and building setback is 50 feet and the drive aisle setbacks are at least 20 feet. BE IT FURTHER RESOLVED the conditional use permit for agritourism for the Kavan Christmas Tree Farm located at 1415 Ash Street is approved subject to the following conditions: 1. Agricultural activities related to the production and maintenance of the tree farm is allowed year round. 2. The agritourism tree farm may operate from November 1"to December 31' annually. 3. The agritourism tree farm may operate from 8am to 6pm daily. 4. The Community Development Director or assigns may administratively approve changes to days and times of operation. 5. No part of the agricultural building may be open to the public. 6. Any future outdoor lighting shall meet City code performance standards. a. A lighting plan and details shall be submitted to City staff for review and approval prior to installation. 5 7. Any additional overflow parking shall meet the 50ft setback as required per City Code Section 1007.059 and shall be at least 10ft from the wetland west of the parking area. 8. Signage: a. One (1) off-premise ground sign shall be allowed within the private driveway easement. i. Consistent with City Code Section 1010.008(1)(a) for R, Rural non- residential uses: 1. The maximum sign area shall be 50 square feet. 2. The maximum sign height shall be eight (8) feet. 3. The sign shall not be located in the CSAH 32/CR J (Ash Street) right-of-way or vision triangle. b. The private driveway easement owners shall formally amend the existing easement or draft and record and new document to allow for the sign. i. The easement shall clearly detail who is responsible for maintenance and removal of the sign. c. A sign permit application shall be required using the site plan to show the exact location of the sign. d. If hours of operation are allowed at beyond daylight hours, signage shall be lit in compliance with City Code Section 1007.043(6). 9. Per Anoka County Transportation Division-Highway letter dated September 27, 2023: a. Portable changeable message signs (CMS), as defined and approved by Anoka County, will need to be installed in both directions prior to the opening of the farm each year. The signs shall be active at all times while the farm is in operation and open to the public. b. No plantings or private signs will be permitted within the county right of way and care must be exercised when locating private signs, building, structures, plantings, berms, etc. outside of the county right of way, so as not to create any new sight obstructions for this section of CSAH 32. c. A Permit for work within the County Right of Way must be obtained prior to the placement of the portable signs. 10. A 20 foot wide fire apparatus road extending to within 150 feet of all portions of the building shall be accessible at all times. 6 11. Additional traffic controls may be required if warranted by the City of Lino Lakes or Anoka County. 12. Failure to comply with any of the listed conditions may result in revocation of the conditional use permit. Adopted by the City Council of the City of Lino Lakes this t3" day of N ov--.viA li' , 2023. RoOfferty, Mayor ATTEST: Jolleen Chaika, City Clerk 7