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HomeMy WebLinkAbout01/08/2025 PZ Combined Packet Meeting guidelines on reverse side. PLANNING & ZONING BOARD AGENDA Wednesday, January 8, 2025 Broadcast on Cable TV Channel 16 and northmetrotv.com/lino-lakes-stream ADVISORY BOARD MEETING, 6:30 P.M. Council Chambers (televised) 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Public Comment (sign-in prior to start of meeting per Rules of Decorum) 4. Setting the Agenda: Addition or Deletion of Agenda Items 5. Approval of Minutes: December 11, 2024 6. Action Items A. PUBLIC HEARING: 8196 20th Avenue (Shuda Farms) Interim Use Permit B. PUBLIC HEARING: 416 Lilac Street (BRF Enterprises, LLC) Conditional Use Permits C. PUBLIC HEARING: Zoning Ordinance Text Amendment for Adult Use Cannabis 7. Discussion Items A. Project Updates ADJOURNMENT CITY OF LINO LAKES ADVISORY BOARD MEETING GUIDELINES Advisory boards are fact-finding bodies established to aid the City Council in specific areas. The decisions of any board are considered advisory only and all final decisions rest with the City Council. Board meetings shall operate in accordance with the procedures established by the City Council. The following meeting guidelines are derived from the City Council Rules of Decorum. Members of the Audience – No person in the audience shall engage in disorderly or disruptive conduct such as audible commentary during a meeting, hand clapping, stamping of feet, whistling, using profane language, yelling and similar demonstrations, which conduct disturbs the peace and good order of the meeting. Public Comment– Comments from the public will be accepted on any matter, whether on the agenda or not. Comments will not be accepted during specific agenda items unless a Public Hearing has been noticed. Please remember to be courteous and respectful and abide by the following guidelines: • Sign-in prior to the start of the meeting • Step up to the microphone when recognized by the Presiding Officer (Chair or Vice- Chair) • State your name and address for the record • State the subject to be discussed • Limit comments to 4 minutes • Address comments to the board as a whole, not any specific member • No question may be asked of a board member or staff member without the permission of the Presiding Officer (Chair or Vice-Chair) • Elect a spokesperson for a group of persons who wish to address the board on the same subject Public Hearing – A public hearing is a separate item of business on the agenda. It gives the public an opportunity to comment on the topic identified. Please remember to be courteous and respectful and abide by the guidelines outlined for public comment (although no sign-in required). Typically, a public hearing proceeds as follows: 1. The Presiding Officer (Chair or Vice-Chair) will announce the agenda item and staff will present their report. 2. Board members have the opportunity to ask staff questions about the item. 3. The Presiding Officer (Chair or Vice-Chair) opens the public hearing and will recognize those who want to speak. 4. The Presiding Officer (Chair or Vice-Chair) shall close the public hearing. 5. The Board will then discuss the item. No further public comments are allowed. 6. The Board will make a recommendation and/or decision. After a motion has been made or a public hearing has been closed, no member of the public shall address the board from the audience on the matter under consideration. The Presiding Officer (Chair or Vice-Chair) shall maintain strict order and etiquette at all meetings. DRAFT MINUTES CITY OF LINO LAKES PLANNING & ZONING BOARD MINUTES 1. CALL TO ORDER AND ROLL CALL Chair Root called the Lino Lakes Planning & Zoning Board meeting to order at 6:30 p.m. on December 11, 2024. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENT Mr. Root declared public comment open at 6:30 p.m. There were no public comments. Mr. Root closed public comment at 6:31 p.m. 4. APPROVAL OF AGENDA The agenda was approved as presented. 5. APPROVAL OF MINUTES Mr. Vojtech moved to approve the November 13, 2024 meeting minutes with one correction. Motion seconded by Mr. Wipperfurth. Motion carried 6 – 0. DATE: December 11, 2024 TIME STARTED: 6:30 P.M. TIME ENDED: 8:36 P.M. MEMBERS PRESENT: Isaac Wipperfurth, Nathan Vojtech, Neil Evenson Michael Root, Suzy Guthmueller, Perry Laden MEMBERS ABSENT: Patrick Kohler STAFF PRESENT: Michael Grochala, Katie Larsen, Julie Whitney Planning & Zoning Board December 11, 2024 Page 2 DRAFT MINUTES 6. ACTION ITEMS A. Slater Addition Final Plat Ms. Larsen presented the staff report. The applicant, Boulder Contracting, submitted a land use application for final plat for Slater Addition. The applicant proposes to subdivide the existing parcel located at 7869 Meadow View Trail into three (3) single family lots for the purpose of constructing two (2) new single family homes. The lot is 1.41 gross acres (61,294 sf). Mr. Wipperfurth questioned recommendation #4 and requested clarification on the fence whether it was existing or proposed. Ms. Larsen clarified it is an existing fence to be removed. Mr. Evenson moved to approve the final plat subject to the conditions listed in the staff report. Motion seconded by Mr. Vojtech. Motion carried 6 - 0. B. Spargur Estates Final Plat The applicant, Mespargur Inc., submitted a land use application for final plat for Spargur Estates. The applicant proposes to subdivide the existing parcel located at 559 Lois Lane into three (3) single family lots for the purpose of constructing two (2) new single family homes. The lot is 1.11 gross acres (48,510 sf). No staff comments were made. Mr. Vojtech moved to approve the final plat subject to the conditions listed in the staff report. Motion seconded by Mr. Wipperfurth. Mr. Laden added in the future he would like to see lot 1 have the possibility to be divided. Motion carried 6 - 0. C. Peltier Ponds PUD Concept Plan Ms. Larsen presented the staff report. The applicant, U.S. Home, LLC (aka Lennar), is proposing a master planned residential development located west of CSAH 54 (20th Ave N) across from Watermark, east of Peltier Lake, and north of the City of Centerville border. The development contains four (4) parcels totaling approximately 125 gross acres and 262 housing units. The proposed development is called Peltier Ponds. Planning & Zoning Board December 11, 2024 Page 3 DRAFT MINUTES Mr. Wipperfurth requested clarification on the City’s annual number of units and how it relates to this project. He questioned if there was flexibility on setbacks for Watermark. Ms. Larsen confirmed there was flexibility. He also questioned if it was the intent to require the developer to connect Peltier Drive so it is not a dead end. Ms. Larsen said it would be required and temporary. Mr. Wipperfurth also asked about the Comp Plan Guidance and the Met Council requiring an update due to the how it was drawn. He questioned if the City would run into this problem in all areas that have a blanket overlay. He felt when the City completes the next comp plan they would need to be more specific. Ms. Larsen said it would be impossible to know how a development would lay out and that there is flexibility in the layout. Mr. Vojtech commented on the smaller garage sizes and questioned if the townhomes would be in an HOA as they would have no room to store equipment for snow removal. He also thought the smaller garages would be problematic for single family households. Mr. Vojtech questioned the yield plan in the south part of the development where the wetland is. He said the yield plan was over 500 but our high would be 342 and he wanted to know how that would work. Ms. Larsen said if it exceeded density requirements it would need to be corrected on the yield plan. Mr. Vojtech questioned what the Met Council required per acre when we run City water and sewer. Mr. Grochala stated this development has three different land uses so it will ultimately be a little higher but compensates for other areas that are lower density. Our normal density Citywide is around 3 units per acre and we could go down to 1.6 units per acre. Mr. Laden believes there is a lack of value in the yield plan unless buildable areas are taken into account and how much drainage and ponding is actually needed. He would like to see more attention put into those details when yield plans are completed. Mr. Laden addressed lots within the shoreland area where there is talk of reducing it to 65 feet. He does not think it is a good argument to say if they do a duplex and split them, then the lot would be 65 feet. He said the developers have tried that argument before and staff would not allow it. He also does not agree with the concept in a shoreland to have the lots deeper if it is going to take away from the open space. He would rather get flexibility on the lot depth and not on the lot width in order to give the City more open space. He understands that it may not benefit the developer in terms of number of units he gets in but feels it would be a fair trade off. Mr. Laden also stated in the future he would be looking for less monotony in the architectural view of the townhomes. He would like to see more staggering of garages and less of them in a row. Mr. Wipperfurth questioned if we are close to capacity if the City does not use well #2 or add well #7 to the system. Mr. Grochala confirmed we were close to capacity. He further added that the City Council has approved well #7 but there is a process to follow. Planning & Zoning Board December 11, 2024 Page 4 DRAFT MINUTES Mr. Root expressed concern for the increased traffic on Rehbein Street and 77th Street. Ms. Larsen said a traffic study will be included and should address any issues. He also suggested when completing the next comprehensive plan that we rank the public benefits as some would have more value than others. Mr. Grochala said he would encourage the board to look at what is most important on any given site from a public value perspective. Mr. Root also addressed the architectural design of the townhomes along 20th Street and expressed a need for higher quality in this area. Mr. Root would like to see the water areas closer to 20th Street and thought it would match up better to what is across the road. The representative for Lennar, Joe Jablonski, 16305 36th Avenue North, Suite 100, Plymouth, Minnesota was in attendance. Mr. Jablonski stated the yield plan may not have all the features that could have been incorporated but what is shown is some of the creativity in using some of the shoreland district to transition into the larger home sites. In doing this, it is difficult to maintain the target densities for the overall site and is a challenge with the wetland and park needs. He feels they have done a reasonable job trying to balance meeting the densities that are in the comprehensive plan with laying it out in a way that helps preserve some of those good features. Mr. Jablonski also addressed the setbacks for the townhomes and explained the distance for each of them. Mr. Jablonski said they would like to see a good balance of pricing for the housing in this development where the townhomes would be in the range of $350,000, the smaller single family $450,000 and the 65-foot single family would be $550,000. The closer you get to the lake the price will probably go up from there. Mr. Jablonski understands the request for a higher standard of architecture along 20th Street, but also stated it is more challenging to sell those houses. He said it is something that they could review, along with moving the water feature closer to 20th Street. Mr. Jablonski also said there will be no HOA for the 55-foot two-story single-family homes. This is due to making the homes more affordable but added it was something they could look at. Mr. Laden reiterated it was due to the garage size and if there would not be an HOA, the Board would be less likely to budge on the garage size. Mr. Jablonski said most of the homes will have three car garages and should meet the standards. He said there are some with two car garages that they will need to look at it more closely. Mr. Vojtech added he is not in favor of the smaller garage sizes and even more so when an HOA is not required. He would like to adhere to the standard. Mr. Grochala added he thought everybody was on board with the idea of Peltier Drive ultimately converting over to a trail section and maintaining that public open space along the lake. 7. DISCUSSION ITEMS A. Cannabis Ordinance Planning & Zoning Board December 11, 2024 Page 5 DRAFT MINUTES Mr. Grochala presented the staff report. The City is considering adoption of requirements related to the regulation of Adult Use Cannabis as provided for under Minnesota Statutes, Chapter 342. Staff will be providing an overview of the City’s regulatory authority and considerations for discussion. Mr. Laden thought the city should keep this close to the liquor ordinance and not over complicate it. He thinks the number of retail stores should be dictated by the market and this would be his suggestion to City Council. Mr. Grochala said a third could be added that could be a municipal dispensary and that the City was retaining that right. He added it does not count against the allowance. Mr. Wipperfurth questioned if outdoor cultivation could be limited in a rural area where there are single family homes due to the smell. Mr. Grochala said it is something he can discuss with the City Attorney regarding district restrictions. Mr. Wipperfurth expressed being in favor of reducing the number of hours that a dispensary could be open, and he would like to see an earlier closure time. Mr. Vojtech asked if there were any rules for security. Mr. Grochala said there were security requirements. Mr. Vojtech was in favor of reducing the hours and limiting the number of licenses to two. He would also like to see it done as a conditional use rather than a permitted use. Ms. Guthmueller expressed her concern for the cannabis ordinance. She feels law enforcement is not being given any kind of a support to do anything and people can have marijuana wherever they choose. She thinks it should be limited to two licenses, earlier closure time for the sale of the product and it should be kept out of neighborhoods and away from daycare facilities. Mr. Evenson agrees with Mr. Laden in keeping the cannabis sales as the city would liquor sales. Mr. Root was also in agreement with handling cannabis as they do liquor and tobacco sales. He also feels a cannabis manufacturing in a business campus should be under a conditional use permit to add additional requirements such as hours. Mr. Root feels the buffer requirements need to be set in such a way two could be housed in the city. He feels until those can be determined, the city should use the maximum for schools, daycares, playgrounds and treatment facilities. Mr. Root believes the requirements should be the same for all strengths of cannabis. He added if it was the intent to have on and of sale cannabis there should be similar limitations for small breweries and micro distillery types we have now. He could find no special requirements for tobacco and vaping shops but thinks we should consider limitations there as well. He also feels it should be a conditional use in industrial districts and not be permitted as a home Planning & Zoning Board December 11, 2024 Page 6 DRAFT MINUTES occupation type of business or only as a level “C” permit. Mr. Grochala added that retail sales are only allowed in industrial and commercial districts. He also has seen restrictions for home occupation in model ordinances. Mr. Wipperfurth questioned if you can use the product at the business. Mr. Grochala said he will find the language but does not think you can smoke on the premise. Mr. Wipperfurth and Mr. Root were in agreement that it should be in the regulations. Mr. Laden questioned the role of the City if the business will be licensed by the state. Mr. Grochala stated we are only registering them. B. Project Updates Mr. Grochala provided project updates. Mr. Evenson moved to adjourn the meeting. Motion seconded by Mr. Wipperfurth. Meeting adjourned at 08:36 p.m. Respectfully submitted, Julie Whitney – Community Development Administrative Assistant 1 PLANNING & ZONING BOARD AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee PE, City Engineer MEETING DATE: January 8, 2025 REQUEST: PUBLIC HEARING: 8196 20th Avenue (Shuda Farms) Interim Use Permit CASE NUMBER: IU2024-001 APPLICANT: Shuda Farms LLC 8196 20th Ave Lino Lakes, MN 55038 OWNER: Alex Shuda 8196 20th Ave Lino Lakes, MN 55038 REVIEW SCHEDULE: Complete Application Date: December 10, 2024 60-Day Deadline: February 8, 2025 Environmental Board Meeting: January 29, 2025 Park Board Meeting: N/A Planning & Zoning Board Meeting: January 8, 2025 City Council Work Session: February 3, 2025 City Council Meeting: February 10, 2025 INTRODUCTION The applicant, Shuda Farms, LLC, submitted a Land Use Application for an Interim Use Permit (IUP) for compost and black dirt stockpiling on their property at 8196 20th Ave (PID 013122310002). The stockpile operation will be used for black dirt associated with operating a tree farm at the referenced property. Black dirt will be used to plant bare root trees, amend soil, pot nursery stock, and fill in areas of transplanted trees as they are harvested and sold. The stockpile will be maintained and used for onsite use only and will have no commercial or residential sales. 2 The following staff report is based on the following: • Existing and Proposed Site Improvement Plans prepared by Dream Scapes Landscaping & Design, Inc, latest revision date December 2, 2024. • Certificate of Survey prepared by E.G. Rud & Sons, Inc. latest revision November 20, 2024. BACKGROUND Current Use The 40 acre site 8196 20th Ave is located just east of 20th Ave and directly west of 35E. The site has a single family detached dwelling, two (2) accessory buildings, pool, and shed. It is currently zoned R-Rural and used for agricultural production of primarily row crops. The applicant is looking to switch uses from annual row crops to maintaining a tree farm. Stockpile operations onsite will aid the proposed tree farm and provide soil required for the proposed operation. There is already an existing stockpile located onsite which is proposed to be used for future tree farm operations and maintained as the permitted stockpile. On November 21, 2024 the City approved a site plan review for two accessory buildings, the grading and construction of a new driveway, and stormwater facilities. ANALYSIS Section 1007.050 of the Zoning Ordinance establishes requirements for earth moving and land reclamation. Earth removal, land reclamation, material storage or filling is a permitted use in all zoning districts. An interim use permit is required when 5,000 cubic yards or more of material is planned to be removed or deposited on any lot or parcel. The approximately 40 acre site is located between 20th Ave and I-35E. The proposed stockpile will be confined to a designated 40,000 SF area as shown in the proposed plans. The stockpile will have a maximum height of 22 feet which is consistent with building heights of 35 feet in the R zoning district. Access The site is currently accessed off 20th Ave via a shared private driveway. There are no proposed improvements or impacts to 20th Ave. Wetlands 3 There is a wetland identified on the NWI map on the south side of the parcel which is more than 100 feet from the stockpile. The site appears to contain other wetlands that are currently farmed. A wetland delineation has not been completed for this project. There is a wetland adjacent to the stockpile. RCWD is the LGU for the wetland protection act and should review this project for conformance. No fill or stockpiling is permitted within a wetland. The proposed stockpile is to include redundant perimeter control to prevent erosion and sedimentation. Floodplain The 2015 FEMA Floodplain Map indicates Zone A flood plain over a portion of the site. The proposed stockpile is located outside of the floodplain and no impacts are proposed as part of this IUP. Any floodplain impacts are subject to City requirements per City Code Chapter 1103 and RCWD Rules. Public Drainage Hardwood creek runs along the southern portion of the property before discharging into Peltier Lake. No impacts are being proposed to either Hardwood Creek or Peltier Lake. Both waters are listed by the MPCA as Impaired for Nutrients. As part of the IUP erosion and sedimentation control should be a priority to limit potential runoff of sediment and nutrients from the site. Staff is recommending redundant perimeter control around the proposed stockpile to limit sedimentation along with vegetating the stockpile if it is not actively worked within 7 days, as is required by the MPCA. Grading/Erosion Control A proposed site plan was submitted showing Grading, Drainage, and Erosion control and has been reviewed by the City’s Environmental Coordinator. Comments can be found in the staff report and recommendations. Comprehensive Plan and Zoning The property is zoned as R-Rural and is currently used for agricultural production. The applicant is proposing switching from agricultural row cropping to tree farm production. No change in use is proposed as part of the IUP. 2040 comprehensive plan shows this area being business campus in the full build out land use. The current use will have no impact on future development or use. Tree Preservation Plan A tree preservation plan was submitted. 3 trees are being proposed for removal as part of the proposed stockpile maintenance plan. The 3 trees being removed are low quality species 4 including ash. No mitigation is required, however approximately 20,000 trees will be planted onsite for nursery stock. The onsite planted trees will be harvested and resold, but they will provide environmental and aesthetic benefits while they are growing. Surrounding Parcels Direction Zoning Existing Land Use Future Land Use North R-Rural Agricultural Urban Reserve South R-Rural Agricultural Urban Reserve East I-35E I-35E I-35E West R-Rural Rural Residential Urban Reserve Interim Use Permit The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: 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. 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/black dirt stockpile is consistent with the Comprehensive Plan. The grading plan and earth moving operation have been reviewed by City staff. The stockpiling is temporary and will not have a negative impact on future land use, transportation, utilities, or the environment. 2. The proposed development application is compatible with present and future land uses of the area. 5 The proposed earth moving/black dirt stockpile is compatible with present and future land uses of the area. 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/black dirt stockpile conforms to the performance standards of the City Code with conditions as established. The plans have been reviewed by City staff for compliance. 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. 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 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 subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine 6 financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination The stockpile of black dirt is not open for public use or sale and will not increase residential traffic. Black dirt is already being used onsite for current uses associated with agricultural farming. The applicant does not expect an increase of traffic generated by the black dirt operations. 5. The proposed development shall be served with adequate and safe water supply. The proposed black dirt stockpile does not require a water service as proposed. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The proposed stockpile does not require service by sanitary sewer. However, facilities should be provided on site for any employees of the black dirt operation. The property is currently served by a septic system which will be continued during these operations. 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 stockpile will not expend City funds. 8. The proposed development 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 earth moving/ black dirt stockpile will not be detrimental to any persons or property. Hours of operation, noise control measures, and erosion/dust control measures will be enforced. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. The proposed earth moving/ black dirt stockpile should not result in the destruction, loss or damage of natural, scenic or historic features as no known natural, scenic or historic features exist in the area. The existing wetlands will be protected per WCA through RCWD, and the floodplain will not be affected by the activities as currently proposed. 7 In addition to the criteria established under Section 1007.016, Conditional Use Permits, Section 1007.050, Earth Moving and Land Reclamation establishes the following conditions that shall be met: 1. Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. The proposed plans indicate earth moving for a stockpile, not a pit. The proposed plans do not currently show any fencing around the earth moving/black dirt stockpile operation or any barricades at the entrance. Staff is proposing that silt fence be placed around the stockpile as a condition of this permit. 2. Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. The existing stockpile slope is 2:1. The stockpile will be required to have a side slope of 3:1 except for the working side. Areas not being excavated shall be established with vegetation within seven (7) days. 3. Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine The proposed earth black dirt stockpile site is designed to drain in a similar manner as the existing conditions. Erosion control is proposed and will be needed to ensure that sediment is prevented from entering the wetland, Hardwood Creek, or adjacent parcels. 4. Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. Not applicable to this project 5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non-decomposable material. Concrete, asphalt, metal, wood, and other debris shall be prohibited. The project is only proposing stockpiling compost and black dirt. The site will be limited to this type of material. The City will reserve the right to test the material. 6. Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins. Not applicable for this project 8 7. Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. A site plan showing the existing and proposed grade elevations for the proposed earth moving/ black dirt stockpile was provided. 8. Specify a time when the excavation or land reclamation project shall be completed. The proposed black dirt operations will occur in the summer months. The conditional use permit will be reviewed every five (5) years for renewal. Renewal shall be approved by City Council. 9. Place a minimum of four (4) inches of topsoil over the completed project and establish appropriate ground cover within sixty (60) days of completion, or in a time period consistent with the City’s stormwater management and pollution prevention plan. The proposed black dirt stockpile shall be seeded or hydromulched within seven (7) days of initial placement. At least 70% of the stockpile shall be established and remain stabilized with vegetation at all times. 10. Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. The City will maintain and escrow account for inspections and compliance checks. 11. Implement the tree preservation plan. Not applicable for this project 12. In addition to an interim use permit, the City Engineer may determine that permits in excess of twenty-five thousand (25,000) cubic yards require the applicant to conduct a neighborhood meeting and to notify affected property owners within one- quarter (1/4) mile. Properties within 350, as required for IUP’s were notified. The stockpile size will be less than 25,000 CY. A neighborhood meeting is not proposed at this time. 13. Post a form of security and sum as the permitted authority may require, running to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or 9 from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. Impacts to adjacent roadways are not anticipated. Generally, the City will maintain and escrow account for inspections and compliance checks. 14. Other conditions deemed appropriate to the application by the permitting authority. This Interim Use Permit, if approved by City Council, shall only be valid for five (5) years and the owner will have to apply for renewal. Renewal must be approved by the City Council. Environmental Review The environmental Coordinator has reviewed the proposal and recommendations are attached. Site Performance Agreement Site Performance Agreement is required. A grading permit and securities shall be deposited by the applicant. Recommendation Staff recommend approval of the Interim Use Permit for black dirt stockpile subject to the following conditions. 1. Applicant meets the requirements laid out in the City Engineer’s review letter. 2. Stockpile operation shall be limited to 7,000 CY within an area as designated on the final plan. 3. Stockpile to be a maximum of 22’ in height. 4. Permitter control is required around the stockpile, redundant perimeter control should be provided in relation to adjacent wetlands. a. Permitter control shall be maintained and replaced while the stockpile is operational. Replacement should occur when the BMP reaches 50% capacity or if it becomes inoperable due to cuts, tears, breaks, or etc. 5. At least 70% of the stockpile should be established with vegetation at all times to prevent erosion. a. Any portion of the stockpile not being actively worked for 7 days must be temporarily stabilized. 10 b.Provide details for seed mix, hydro mulch, and application rates within the plan set. 6.Maintain slopes of 3:1 on a least 70% of the stockpile area. 7.Water suppression, soil binding agents, wind blocks, or other dust suppression methods will be required if dust leaving the site becomes an issue as identified by the City. Obtaining water to be used for dust control is the responsibility of the owner. 8.No fill may be placed in adjacent wetlands or in the FEMA floodplain on the site. Stockpile shall not encroach within 50-ft of the wetland boundaries and the FEMA floodplain. a.Mark boundary of wetland directly east of stockpile and gps the location for future verification no fill has been placed. Install conversation signs to identify the adjacent wetland and stockpile limits. 9.Owner shall obtain a Rice Creek Watershed District Permit or Letter of Intent as applicable. 10.The IUP shall only be valid for five (5) years. 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. A new IUP will be needed for work (grading, other material stockpiles, excavation of material, etc.) that is not stated in this IUP. 11.The type of stockpile material is limited to topsoil borrow as identified in Minnesota Department of Transportation’s 2020 Standard Specification, Section 3877. Other materials are not allowed and will be required to be removed within 24 hours. 12.Owner will permit a City Inspector to view the premises during normal business hours. 13. Non-functioning equipment is not allowed to be stored on site. All equipment shall be screened from public view. 14.The stockpile shall be used for onsite use only and shall have no commercial or residential sales. ATTACHMENTS 1.Engineering and Environmental Review Memos 2.Existing and Proposed Site Improvement Plans 3.Certificate of Survey 4.Applicant’s Narrative 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum To: Katie Larsen, Lino Lakes City Planner From: Diane Hankee PE, City Engineer Date: December 20, 2024 Re: Shuda Farms - 8196 20th Ave IUP-Earth Moving Review Staff’s review of the Interim Use Permit for the 8196 20th Ave Earth Moving in Lino Lakes, MN, prepared by E.G. Rud & Sons, Inc. and received December 6, 2024. Our comments were made on the following documents: •Shuda Farms – Existing and Proposed Site Improvement Plans prepared by Dream Scapes Landscaping & Design, Inc, latest revision date December 2, 2024. •Certificate of Survey prepared by E.G. Rud & Sons, Inc. latest revision November 20, 2024. The following review comments should be responded to in writing by the applicant. Engineering •General The Shuda Farms property located at 8196 20th Ave proposes to stockpile compost and black dirt for agricultural purposes pertaining to tree farming within the site. The site is 40 acres located between 20th Avenue (CSAH 54) and 35E. This is an after the fact IUP for the existing stockpiles on site. The stock pile location is south of the home as shown in the plans. Comments 1. The stockpiled material is within or adjacent to wetlands and should be reviewed by RCWD. A wetland boundary along the wetland / east side of the stock pile should be shown on the plans. Lino Lakes conservation signs shall be installed along the boundary and the signs shall be added to the proposed site plan. 2. The existing stockpile is 22 feet high and should remain this height. 3.Material is to be black dirt and compost used for tree planting on site. No commercial sale of topsoil is permitted. 4.Applicant is to include a stock pile boundary location in the plans. 5.The stock pile should not be greater than 7,000 CY. •Grading The Shuda Farms stock pile and berms are already existing on site. The applicant plans to use the stock pile for tree planting operations on site. No offsite hauling is permitted with this IUP. Attachment 1: Engineering and Environmental Review Memos Ms. Katie Larsen 12/20/2024 Page 2 Peltier Ponds Development - Engineering Review Comments 1.The stockpile shall have a 3:1 slope. •Stormwater Management & Erosion Control Stormwater management is not required for the Shuda Farms stock pile project. The site drains to the south to Hardwood Creek. Drainage is not proposed to change. Erosion control will be reviewed by the City’s Environmental Coordinator. •Water Supply There is currently an existing well onsite providing water to the property. The applicant is not proposing any connections to the municipal water system with this plan. •Sanitary Sewer The property is currently serviced onsite through a septic system, no changes are being proposed to the sanitary sewer at this time and no connection to the city system. •Transportation The site is located on the east side of 20th Ave and just west of 35E. The site is accessed off a private shared driveway off 20th Ave. Trucks associated with transporting nursery stock to and from the site is expected. No impacts to the adjacent roads are expected with the proposed use. Any necessary improvements will be located within the site or on the private driveway. Comments 1.Applicant should work with adjacent property owners regarding the mitigation of truck traffic. Trails and sidewalks There are not proposed trails or sidewalks required on the site. •Wetlands and Environment A wetland delineation has not been completed. There is a wetland adjacent to the stock pile. Comments: 1.RCWD is the LGU for the wetland protection act and should review this project for conformance. 2.The applicant shall identify the wetland boundary adjacent to the stockpile, see General note 1 above. 3.No fill or stockpiling is permitted within a wetland. •Landscaping Landscaping will be reviewed by the City’s Environmental Coordinator. Ms. Katie Larsen 12/20/2024 Page 3 Peltier Ponds Development - Engineering Review •Floodplain There is zone A floodplain on the site however the project is more than 100 feet away from any floodplain. Floodplain fill is not permitted. •Drainage and Utility Easements The Shuda Farms property has a shared driveway easement. The project does not require any new public easements. •Development Agreement A development agreement will not be required. A Site Performance Agreement is required. •Grading Agreement Grading agreement not required at this time. •Stormwater Maintenance Agreement A stormwater Maintenance Declaration is not applicable at this time. •Permits Required Permits for the IUP include the following: 1.Rice Creek Watershed District Permit 2.NPDES General Construction Permit 3.City of Lino Lakes Zoning Permit for grading If you or the applicant have any questions regarding these comments, please contact Diane Hankee at (651) 982-2430 or dhankee@linolakes.us. EARTH MOVING AREA EXISTING WETLAND AREA Existing Drainage Existing Drainage 900 906 906 904 904 906 908 890 906 904 906 906 904 900 898 900 906 896 896 920 910 904 904 926 2/1 SLOPE1/1 SLOPE 2/1 SLOPE 2/1 SLOPE 2/1 SLOPE 2/1 SLOPE 3/1 SLOPE 187.37'157.51'66.2'54.3' ofof 7087 20th Ave S, Centerville MN Phone: (651) 415-1000 www.DreamScapesMN.com l:\00_ dreamscapes\design projects 2022\alex\shuda farm\drawings\cad\24-7 shuda farm - site grading permit.dwgSave Date:12/02/24 Revisions: 1. 10-15-24 Initial 2. 11-15-24 City Comments 3. 12-02-24 Additional Information Shuda Farms Location 8196 20th Ave N, Lino Lakes, MN 55038 3 Print Name: Signature: Date:License #: Drawn: Designed: Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 10/21/24 JAK 04/24/19 James A. Kalkes, RLA 45071 JAK Know what's below. before you dig.Call R EXISTING CONDITIONS 1 Attachment 2: Existing and Proposed Site Improvement Plan EARTH MOVING AREA SILT FENCE SILT FENCE SILT FENCE SILT FENCE ROCK CONSTRUCTION ENTRANCE 904 904 906 906 EXISTING WETLAND AREA Existing Drainage Existing Drainage 904 906900 906 906 904 904 906 908 890 906 904 906 906 904 900 898 900 906 896 896 920 910 904 904 926 2/1 SLOPE1/1 SLOPE 2/1 SLOPE 2/1 SLOPE 2/1 SLOPE 2/1 SLOPE 3/1 SLOPE 187.37'157.51'66.2'54.3' 904 904 906 906 904 906906 906 904 906 906 906 904 900 920 910 904 904 926 2/1 SLOPE1/1 SLOPE 2/1 SLOPE 2/1 SLOPE 2/1 SLOPE 2/1 SLOPE 3/1 SLOPE 187.37'157.51'66.2'54.3' ofof 7087 20th Ave S, Centerville MN Phone: (651) 415-1000 www.DreamScapesMN.com l:\00_ dreamscapes\design projects 2022\alex\shuda farm\drawings\cad\24-7 shuda farm - site grading permit.dwgSave Date:12/02/24 Revisions: 1. 10-15-24 Initial 2. 11-15-24 City Comments 3. 12-02-24 Additional Information Shuda Farms Location 8196 20th Ave N, Lino Lakes, MN 55038 3 Print Name: Signature: Date:License #: Drawn: Designed: Date: I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota 10/21/24 JAK 04/24/19 James A. Kalkes, RLA 45071 JAK PROPOSED SITE CONDITIONS 2 Attachment 3: Certificate of Survey Alex Shuda 8196 20th Ave N Lino Lakes, MN 44038 Katie A. Larsen, AICP City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014 Via Email Only to: klarsen@linolakes.us October 24, 2024 Re: Application for 8196 20th Avenue-Shuda Farms Site & Building Plan Review Dear Ms. Larsen: I am providing this letter in response to your October 21 st request to provide a signed narrative regarding our plans to start a tree farm at our family farm in Lino Lakes. As you know, we currently use our land at 8196 20th Ave. to grow row crops. Growing row cops is a permitted use for a property in a designated rural zone—as is operating a nursery. Currently, we farm our land and help with combining and tilling for many neighboring farms. We are in the process of transitioning to operating the tree farm and have matured approximately 800 trees in the last two years in our wind protected mature tree yard. Due to the spectacular organic ground at 8196 20th Ave., we will be planting much of the ground with native organic trees that will be sold on a wholesale (not retail) level, and used in our related landscaping business. We anticipate having 20,000+ trees under production in a few years. We also operate a landscaping business out of our shop in Centerville, which we do not intend to change. Process Trees will be brought in from the west coast as bare root liners (seedlings and whips, without dirt on the roots) in refrigerated trucks. We will store the bare root liners in the new buildings under temperature-controlled conditions. The bare root liners will be potted up into containers and/or directly buried into the ground to grow the trees. The stockpile of organic black dirt on site will be used to pot up the trees and amend other soil as necessary. Trees will be sold in three to eight years depending on the variety. Trees ready for sale will be available in buckets and as B&B (ball and burlap). Replanting and harvesting of trees will happen on an ongoing annual basis. Black Dirt Stockpile Attachment 4: Applicant's Narrative Our tree farm needs to maintain a black dirt stockpile along with compost and proprietary organic soil amendments to plant the trees in buckets that will be buried directly in the ground and to fill in each hole as the trees are harvested. We will produce compost from pruning trees, gathering leaves, and clearing dead stock. This compost will be stored in a stockpile. Using the nutrients from compost to grow the trees is a vital part of an eƯicient organic tree farm. Labor and Equipment The barns will be used to house all the equipment required to operate a tree farm including, but not limited to trucks, tractors, combines, skid steers, forklifts, spraying equipment, planting pots, fertilizer, soil, hoses, rakes, shovels, miscellaneous tools, and trees and other nursery products. Harvesting discs, harvesting spades, and harrows will be inside as much as possible but may also be stored outside when the barns are filled with tree liners. Palletized pots and peatmoss will be housed indoors as much as possible but may also be stored outside during planting and harvesting. The equipment and its location may change over time but the barns will be used to facilitate the operation of the nursery and to store equipment necessary for its operation. The Shuda family will provide much of the weekly maintenance. From time to time we anticipate that employees of our landscaping business will also provide additional labor to plant and harvest the trees. Two to four farm hands will also help with pruning and general maintenance of the farm on a daily basis. We understand that under the zoning code, a contractor shop and/or construction-related business may not be operated and have its equipment stored on this site. However, neither Alex’s Lawn and Turf nor DreamScapes Landscaping & Design are contractor shops or construction-related businesses. Section 1007.001 of the Municipal Codes defines “construction” as “[t]he erection, alteration or extension of a structure.” The zoning code does not define “contractor’s shops.” Alex’s Lawn and Turf and DreamScapes provide a variety of landscaping services, including sale and/or installation of trees, shrubs, and other plants, that do not involve the erection, alteration, or extension of a structure. We also understand that “Operation, parking, or storage of motor vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district” is permitted as an accessory use under § 1007.100(6)(h). Vehicles, equipment, and machinery incidental and customary to the operation of a commercial nursey may be stored on the property from time to time. We hope this information is suƯicient for your purposes, but please do not hesitate to contact us with any additional questions. Sincerely, Alex Shuda 4874-3294-4370, v. 1 1 PLANNING & ZONING BOARD AGENDA ITEM 6B STAFF ORIGINATOR: Katie Larsen, City Planner P & Z MEETING DATE: January 8, 2025 TOPIC: PUBLIC HEARING: 416 Lilac Street (BRF Enterprises, LLC) 1. Conditional Use Permit for Automobile Repair-Major and Minor 2. Conditional Use Permit for Outdoor Storage CASE NUMBER: CU2024-003 CU2024-004 APPLICANT: BRF Enterprises, LLC Attn: Mike Fuhr 1525 14th Avenue NW New Brighton, MN 55112 OWNER: Lilac Street LLC Attn: Michael Granger 12815 Goodview Avenue White Bear Lake, MN 55110 REVIEW SCHEDULE: Complete Application Date: December 10, 2024 60-Day Deadline: February 8, 2025 Environmental Board Meeting: January 29, 2025 Park Board Meeting: N/A Planning & Zoning Board Meeting: January 8, 2025 City Council Work Session: February 3, 2025 City Council Meeting: February 10, 2025 INTRODUCTION The applicant, BRF Enterprises, LLC, is proposing to operate an automotive collision/repair shop and towing/recovery company at 416 Lilac Street. 2 The Land Use Application is for the following: • Conditional Use Permit o Automobile Repair-Major and Minor • Conditional Use Permit o Outdoor Storage • Site and Building Plan Review This staff report is based on the followings plan sets: • ALTA/NSPS Land Title Survey prepared by E.G. Rud & Sons, Inc. dated October 29, 2024 • Civil Plan Set prepared by Plowe Engineering, Inc. dated December 6, 2024 • Architectural Plan Set prepared by Lampert Architects dated December 5, 2024 • Landscape Plan Set prepared by Lampert Architects dated December 5, 2024 • Photometric Plan prepared by Luma Sales Associates dated December 5, 2024 • Stormwater Drainage Report prepared by Plowe Engineering, Inc. dated December 6, 2024 • Soil Borings prepared by Haugo GeoTechnical Services, LLC. dated November 27, 2024 BACKGROUND BRF Enterprises, LLC is owned by Brandon Fuhr. He plans to operate a professional automotive collision/repair shop and a towing/recovery company at 416 Lilac Street. The existing building will be renovated and outdoor storage area hard surfaced and fenced. See attached narrative for additional project details. Existing Site Conditions The existing site is 1.07 acres. The existing building was constructed in 1985. The rear yard area is gravel surface. The site is relatively flat with elevations ranging from 898 to 902 ft. Per the Stormwater Drainage Report, USDA Web Soil Survey indicates Isanti fine sandy loam and Soderville fine sand soils dominate the site. Zoning and Land Use The property is zoned GI, General Industrial and allows for automobile repair-major and minor and outdoor storage with conditional use permits. Current Zoning GI, General Industrial Current Land Use Industrial Future Land Use per CP Industrial Utility Staging Area 1A=2018-2025 3 Surrounding Zoning and Land Use Direction Zoning Current Land Use Future Land Use North GI, General Industrial Industrial Industrial East GI, General Industrial Industrial Industrial South GI, General Industrial Industrial Industrial West GI, General Industrial Vacant Industrial Industrial ANALYSIS Site and Building Plan Review Site Plan The site plan shows the existing building (3,286 sf first floor and 860 sf second floor), existing parking lot, new stormwater pond, new bituminous pavement for the outdoor storage area and a 10ft tall maintenance free screen fence. Setbacks Since the building is existing, setback analysis will only apply to the parking lot and outdoor storage area. Per City Code Section 1007.141(9): (h) 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. GI Requirements Outdoor Storage Area Building Setback -From Streets --Local or Minor Collector Street NA NA --Major Collector (Lilac Street) 50 ft 104 ft 4 --Parking Lot 15 ft 25 ft -Rear --Principal 15 ft 15 ft --Accessory 10 ft NA --Parking Lot 5 ft 196 ft -Side (west) --Principal 10 ft 10 ft --Accessory 10 ft NA --Parking Lot 10 ft 16 ft -Side (east) --Principal 10 ft 10 ft --Accessory 10 ft NA --Parking Lot 10 ft 68 ft Setback requirements for the parking lot and outdoor storage area are met. Architectural Plans and Exterior Building Materials The only exterior building changes will be adding vent piping for the paint booth area and the construction of an additional overhead garage door near the existing two (2) overhead doors on the south side of the building. The existing standing seam metal roof and lap siding will remain on the building. Exterior building material performance standards are met. The trash and recycling enclosure will be located within the 10ft tall maintenance free screen fenced area as allowed per City Code Section 1007.045. Trash enclosure performance standards are met. The building shall meet building and fire code for fire suppression. Outdoor Lighting A photometric plan was submitted showing six (6) new light fixtures. The foot candle measurements are < 0.4 at the property lines. Light fixtures are down lit. Lighting performance standards are met. Off-Street Parking Requirements 5 Per City Code Section 1007.052(6): • Auto repair requires 4 spaces plus 2 spaces per service bay. o Three (3) service bays are proposed which requires 10 parking spaces  4 + (2x3) = 10 • Office space requires 1 space for each 200 square feet of floor area. o The site plan indicates 1,720sf of office which requires 9 parking spaces  1720/200 = 8.6 = 9 • Total number of required parking spaces is 19. The site plan provides 7 parking stalls with 1 being ADA compliant as well as 12 proof of parking spaces within the outdoor storage area for a total of 19. Per City Code Section 1007.052(7)(b): In no case shall the amount of off-street parking provided be less than one-half of the amount of parking required by ordinance. Per City Code Section 1007.141(9)(h): The storage area does not take up parking space or loading space as required for conformity to this chapter and is not located in the front yard. Parking requirements are not met. Parking requirements shall be met without the need for deferred parking and cannot be located within outdoor storage area. Grading Plan and Stormwater Management Per City Engineer Memo dated December 20, 2024, stormwater management for the 416 Lilac Street site consists of constructing a new sedimentation basin on the northwest corner of the site. Pre- and Post- Development Discharge Rates (cfs) Condition 2-Year 10-Year 100-Year 10-Day Snowmelt Existing 3.96 6.14 10.23 Not required Proposed 3.14 5.12 9.56 Not required The stormwater management plan does not meet City requirements and shall be revised. Public Utilities The existing building is municipally served by a 12” DIP watermain and a 8” PVC sanitary sewer located along Lilac Street. Screening, Landscaping, Buffer Yards and Tree Preservation 6 The Environmental Coordinator and Environmental Board will the review the application at the January 29, 2025 Environmental Board meeting. Canopy Cover Canopy cover requirements do not apply to outdoor storage areas. Foundation Landscaping Since this is an existing building, foundation landscaping requirements do not apply. Open Areas Landscape Standards Open areas landscape standards apply to stormwater management ponds. Buffer and Screen Standards Outdoor storage yards require a minimum 10ft tall wall or fence of permanent materials and planting and provide shrub cover for 50% of the wall or fence on the exterior side. At its discretion, the City Council may approve a modification or waiver from these standards where the affected lot line adjoins another industrial property. A new 10ft tall maintenance free screen fence is proposed around the entire perimeter of the outdoor storage area. Shrub cover is provided for 50% of the west and south lot line fencing. Buffers and screen standards appear to have been met but will be further reviewed by the Environmental Coordinator and Board. Boulevard Tree Standards Boulevard tree standards do not apply to industrial properties. Sod and Ground Cover Standards All areas not otherwise improved in accordance with the approved site plans shall have a minimum depth of 4 inches of topsoil and be sodded. Tree Preservation and Mitigation Standards Tree preservation and mitigation standards will be reviewed by the Environmental Coordinator and Board. Signage 7 A Sign Permit Application and sign plans shall be submitted for any wall or ground mount signage. Impervious Surface Coverage The GI, General Industrial zoning district allows for 75% impervious surface coverage. Per Sheet A1, Site Plan: Impervious Surface Coverage Total Lot Size 46,495 sf Proposed Impervious 30,274 sf Total Impervious % 65.1% Impervious surface requirements are met. Traffic Study A traffic study is not required. Lilac Street is a major collector road and is capable of handling the traffic volume proposed by the industrial development. This is an existing industrial site. Public Land Dedication Park land dedication and/or fees are not required. This is an existing lot of record and is not being subdivided. EQB Environmental Review An environmental assessment review is not required for the proposed industrial development. Wetlands There are no wetlands located on site. Shoreland District The parcel is not located within the Shoreland District. Floodplain There are no floodplains located on site. Comprehensive Plan 8 The proposed industrial development is consistent with the goals and policies of the comprehensive plan regarding land use, housing, economic development, transportation, local water management plan, sanitary sewer, water supply and parks, greenway and trails. Land Use Plan Per the 2040 Comprehensive Plan, the parcel is guided industrial. The proposed automobile repair and outdoor storage development is consistent with the Comprehensive Plan for industrial use. The site is in Planning District 2 and is guided for industrial development. There are no specific planning recommendations for this site. Housing Plan The goals and policies of Housing Plan are not negatively impacted by the industrial development. Economic Development The industrial development supports the City’s economic development plan. Transportation Plan A goal of the transportation plan is to ensure that streets are as safe as possible. Lilac Street is a major collector road and is capable of handling the traffic volume proposed by the industrial development. This is an existing industrial site. Local Water Management Plan The purpose of the water management program is to protect, preserve, and use natural surface and groundwater storage and retention systems and prevent erosion of soil into surface water systems. The industrial development will construct stormwater management BMP’s such as erosion & sediment control and stormwater ponds. Sanitary Sewer Plan The goal of the sanitary sewer plan is to maintain the city’s residents and businesses with an affordable and safe sanitary sewer system. The existing industrial building is connected to the municipal sanitary sewer system. 9 Water Supply Plan A goal of the water supply plan is to provide residents and businesses with affordable potable water that is safe and of high quality for daily consumption and fire demand. The existing industrial building is connected to the municipal water supply system. Parks, Greenways and Trails A goals and policies of the parks, greenways and trails plan are not negatively impacted by the proposed industrial development. Additional City and Government Agency Review Comments Anoka County Highway Department The Anoka County Highway Department did not review the development because Lilac Street is a local street. City Engineer The City Engineer provided comments per the attached memo. Public Safety Comments The Fire and Police Divisions had no issues that needed to be addressed. Environmental Board The Environmental Board will review the project on January 29, 2025. Agreements Storm Water Maintenance Agreement The stormwater facilities will be privately maintained and a Declaration for Maintenance of Stormwater Facilities will be required. Site Improvement Performance Agreement A Site Improvement Performance Agreement is required. Findings of Fact-Conditional Use Permits 10 The property is zoned GI, General Industrial and allows for automobile repair-major and minor and outdoor storage with conditional use permits. 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 § 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 automobile repair-major or minor and outdoor storage development will not involve activities detrimental to any person, property, or the general welfare. 3.Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed automobile repair-major or minor and outdoor storage development 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 automobile repair-major or minor and outdoor storage development is consistent with industrial land use. (b)The proposed development application is compatible with present and future land uses of the area. The proposed automobile repair-major or minor and outdoor storage development is compatible with present and future land uses of the area. 11 (c)The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed automobile repair-major or minor and outdoor storage development conforms to City Code performance standards with minor revisions as noted in this staff report. (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 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 automobile repair-major or minor and outdoor storage development meets Level of Service (LOS) requirements. is within the capabilities of the City. The existing roads and intersections providing access to the proposed development have the structural capacity to accommodate projected traffic from the proposed development. The traffic generated from a proposed development does not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. 12 (e)The proposed development shall be served with adequate and safe water supply. The proposed automobile repair-major or minor and outdoor storage development is served by an adequate and safe water supply. (f)The proposed development shall be served with an adequate or safe sanitary sewer system. The proposed automobile repair-major or minor and outdoor storage development is served by an adequate sanitary sewer system. (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 automobile repair-major or minor and outdoor storage development 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. The proposed automobile repair-major or minor and outdoor storage development will have fire prevention and fighting equipment readily available. Specific Conditional Use Permit (CUP) Requirements In addition to the above administrative requirements of a conditional use permit, the following specific performance standards of City Code Section 1007.141(9) must also be met: Automobile Repair-Major and Minor (a)Automobile repair-major and minor provided that: 1.The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence. This is an existing industrial building. The architectural appearance and functional plan of the building and site are not dissimilar to the existing and proposed industrial buildings in the area. 2.All repair work shall be conducted within the principal building. All repair work will be conducted within the principal building. 13 3.All painting must be conducted in an approved paint booth. All paint booths and all other activities of the operation shall thoroughly control the emission of fumes, dust, or other particulate matter so that the use shall be in compliance with the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15, as amended. All paint booths will be in compliance with state regulations. 4.The emission of odor by a use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota regulations APC, as amended. The emission of odor will be in compliance with state regulations. 5.All flammable materials, including liquids and rags, shall conform with the applicable provisions of the Minnesota Uniform Fire Code. All flammable materials will conform with Minnesota Uniform Fire Code. 6.All outdoor storage shall be prohibited except the storage of customer vehicles waiting for repair. A separate conditional use permit is required for the proposed outdoor storage. Outdoor Storage (h)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. The outdoor storage area complies with building setback requirements. Outdoor storage is not proposed between the principal structure and any 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 § 1007.049(6). A new 10ft tall maintenance free screen fence is proposed around the entire perimeter of the outdoor storage area. Shrub cover is provided for 50% of the west and south lot line fencing. 3.The entire storage area is fenced and secured in an appropriate manner. A new 10ft tall maintenance free screen fence is proposed around the entire perimeter of the outdoor storage area. 14 4.The storage area is blacktopped, concrete surfaced, or class 5 gravel unless an alternative wear-resistant material is determined by the City Engineer to be suitable to control dust and drainage and is specifically approved by the City Council. The storage area will be surfaced with bituminous pavement. 5.The storage area does not take up parking space or loading space as required for conformity to this chapter and is not located in the front yard. The plans shall be revised to remove proposed parking spaces within the outdoor storage area. 6.The property shall not abut I-35W or I-35E. The property does not abut I-35W or I-35E. 7.All parking, loading and truck staging activities shall occur on site. On-street parking and loading associated with the use is prohibited. All parking, loading and truck staging activities will occur on site. 8.Storage shall not include material considered hazardous under federal or state environmental law. Storage will not include hazardous materials. 9.The outdoor storage items or materials shall be directly related to the principal industrial user. No off-site user storage shall be allowed. The outdoor storage items or materials will be directly related to the principal industrial user. RECOMMENDATION Staff recommends approval of the conditional use permits for automobile repair-major and minor and outdoor storage for 416 Lilac Street (BRF Enterprises, LLC) subject to the following conditions: 1.The development shall be compliant with the conditions detailed in the findings of facts at all times. 2.Motor vehicles not currently licensed by the state, or that because of mechanical deficiency are incapable of movement under their own power, shall not be parked or stored outside for a period in excess of 30 days. 3.The outdoor storage of items or materials shall be directly related to the principal industrial user. No off-site user or personal storage shall be allowed. 15 4.Items, materials, vehicles, etc. shall not be stored on the sod or landscaped areas within the outdoor storage area. 5.Separate sign permit applications are required for all permanent monument/pylon and wall signage. 6.Separate sign permit applications are required for all temporary signage. 7.A building permit is required for the 10ft tall fence. 8.A zoning permit is required for the grading, driveway, and outdoor storage surfacing improvements. The following items shall be addressed prior to issuance of any permits: 1.All comments from the City Engineer memo dated December 20, 2024. 2.All comments from the Environmental Coordinator and Environment Board. 3.A Site Performance Agreement shall be executed and securities paid. 4.The proposed outdoor storage pavement areas are different on Sheet A1, Site Plan and Sheet C1.1, Grading Plan. Please revise accordingly. 5.Sheet A1, Site Plan: a.Parking space requirements shall be met without the need for deferred parking. b.Parking spaces cannot be located within outdoor storage area. c.Gate details for the fence shall be provided. d.The screen fence detail shall be revised from cedar fence to maintenance free screen fence. 6.Sheet L1, Landscape Plan: a.The engineer/architect company name shall be included. 7.Copies of the following executed and recorded documents shall be submitted to the City: a.Public drainage and utility easement and exhibit over the stormwater management facilities and lot lines b.Declaration for Maintenance of Stormwater Facilities and exhibit ATTACHMENTS 1.Site Location Map 2.Applicant Narrative 3.ALTA/NSPS Land Title Survey 4.Civil Plan Set 5.Architectural Plan Set 6.Landscape Plan Set 7.City Engineer letter dated December 20, 2024 4th Ave Lilac St 4thAveLegend Address Labels Parcels January 2, 2025 Map Powered By Datafi ± 1 in = 100 Ft 416 Lilac StreetAttachment 1: Site Location Map Proposed Development Plan BRF Enterprises, LLC Building located at 416 Lilac St, Lino Lakes, MN BRF Enterprises, LLC is owned by Brandon Fuhr. His plan is to open a professional automotive collision/repair shop and a towing/recovery company from this location. He will be updating the building with 3 phase power. He will be installing a paint booth/ mixing room inside with an additional overhead garage door and moving two interior doors. On the exterior he will be removing gravel to meet setback requirements and installing new outdoor lighting, a new maintenance-free privacy fence and asphalt parking lot. He will be adding additional trees and plants to meet code, and he will be adding a pond for surface water control. Garbage and recycling features will be contained within the fenced area and will be screened. There is an existing well that is to remain and used for irrigation only. The only exterior building changes will be adding vent piping for the paint area and the construction of an overhead garage door . This area includes manufacturing and heavy industrial businesses as well as a government facility. He plans to create a professional business that fits in with the surrounding businesses and offers services that the community can utilize. Attachment 2: Applicant's Narrative Attachment 3: ALTA/NSPS Land Title Survey 33 33FNDIP-1/2" 12251899.0INV900.0TOPFNDIP-1/2" 12251FNDIP-1/2" OPENFNDIP-1/2" 14946901.5901.8901.5901.5901.5902.3901.8902.1902.4902.2902.5902.7902.3902.1902.1901.7901.8901.7902.0902.3901.8902.3902.5902.69 0 2 . 4 902.2902.6902.4902.29 0 2 . 4 902.3902.6902.5902.5902.2902.2902.6902.5902.2902.2902.5FFE GAR902.3902.3901.9902.0902.5902.6902.4902.4902.1902.1902.1902.0901.8901.6901.6902.0902.1901.6901.0900.8900.8901.0901.2901.6901.6901.6901.6898.2901.3902.3902.1901.0897.4INV898.9TOP899.2898.2899.1901.2898.8899.0901.0898.1INV899.6TOP902.3901.2901.3901.3901.3901.5901.8902.0MB902.3902.4902.5902.3902.0901.5902.1902.7902.5902.5901.1902.0902.2902.4902.5902.4902.3901.6901.8902.2901.3901.1902.3MAP14901.8MAP24902.69 0 3 . 0 902.2901.7902.4901.5901.2902.5902.0901.9902.0901.5901.412" CMP19.920.1 36.364.4 56.244.3 EXISTING BUILDINGFFE = 902.5MAIN LEVEL AREA =3,220 SF20 20 DRAINAGE AND UTILITY EASEMENTPER PLAT OF LINO LAKES PARKDRAINAGE AND UTILITY EASEMENT PER PLAT OF LINO LAKES PARK 67.0 33 902900900902902902902902 902902900900902 11.1OVERHANG71.287.0(PUBLIC ROAD)12" DIP8" PVCSITE ACCESSEXISTING WELL TO BE SEALED PERCITY AND MN DEPT. OF HEALTHREQUIREMENTS UNLESS USED FORIRRIGATIONPKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBEXISTING GRAVEL SURFACETO BE PAVED (TYP)BAFFLE WEIR(SEE DETAIL)(TOP OF BOARD AT 900.5TO ACT AS EMERGENCYOVERFLOW)SEDIMENTATION BASINBOTTOM 897.0OUTLET 900.0HWL 900.58 C.Y. CLASS 3 RIP-RAPW/ GEOTEXTILE FILTER FABRICX X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXX902 899 898 897 897 898 899 901 900 901 900 902 902SB1SB227.0'SSSSSSSSSSSSSS S S S S S S S S S S GENERAL NOTES1. THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATIONOF EXISTING UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE.THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATION AS TOTYPE AND LOCATION OF UTILITIES AS NECESSARY TO AVOID DAMAGE TO THESEUTILITIES.2. CALL GOPHER STATE ONE CALL AT LEAST 48 HOURS PRIOR TO ANY EXCAVATIONSFOR EXISTING UTILITIES LOCATIONS.3. THE CONTRACTOR SHALL FIELD VERIFY SIZE, ELEVATION, AND LOCATION OFEXISTING UTILITIES AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO THESTART OF INSTALLATIONS.4. ALL UTILITY AND STREET INSTALLATIONS SHALL CONFORM TO THE CITY STANDARDSPECIFICATIONS AND DETAIL PLATES.5. ALL WORK SHALL BE PERFORMED DURING CITY APPROVED WORKING HOURS.6. PARKING, EQUIPMENT STORAGE OR MATERIAL STORAGE SHALL NOT BE ALLOWED ONPUBLIC STREETS OR WITHIN PUBLIC RIGHT-OF-WAY.7. NOTIFY CITY A MINIMUM OF 48 HOURS PRIOR TO THE COMMENCEMENT OFCONSTRUCTION.8. ALL ELECTRIC, TELEPHONE, AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALLBE CONSTRUCTED TO THE APPROPRIATE UTILITY COMPANY SPECIFICATIONS. ALLUTILITY DISCONNECTIONS SHALL BE COORDINATED WITH THE APPROPRIATE UTILITYCOMPANY.9. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAININGTRAFFIC CONTROL, SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS,FLAGMEN AND LIGHTS, AS NECESSARY TO CONTROL THE MOVEMENT OF TRAFFIC.LEGENDEXISTING GRAVELEXISTING HYDRANTEXISTING WATER MAINEXISTING GATE VALVEEXISTING STORM SEWEREXISTING TELEPHONE PEDESTAL(GUTTERLINE, BITUMINOUS SURFACE, OR GROUNDSURFACE UNLESS OTHERWISE INDICATED)920.60920.99PROPOSED SPOT ELEVATIONEXISTING SPOT ELEVATIONPROPOSED SILT FENCES928PROPOSED CONTOUREXISTING CONTOUREXISTING OVERHEAD ELECTRICOHWGEEXISTING UTILITY POLEEXISTING SANITARY SEWEREXISTING ELECTRICAL PEDESTALEXISTING BITUMINOUSEXISTING FLARED-END SECTIONEXISTING FENCEXEXISTING CABLE PEDESTALPROPOSED DIRECTION OF DRAINAGE930EXISTING CONCRETE930EXISTING FIBER OPTIC BOXFCETEXISTING UNDERGROUND GAS LINEGASEXISTING UNDERGROUND TELEPHONEGASBY HAUGO GEOTECHNICAL SERVICESPROPOSED SOIL BORING LOCATIONSPROPOSED RIP-RAP(22" x 34")S:\PLOWE\CAD\24PROJ\2179 - 416 LILAC ST (LINO LAKES)\2179 CAD\2179 BASE 1.DWGThursday, December 5, 2024 11:53:41 AMNORTH1 INCH = 20 FEETHORIZONTAL200 10 2040FAX: (651) 361-8701 PHONE: (651) 361-8210 LINO LAKES, MN 55014 6776 LAKE DRIVE SUITE 110 SITE PLANNING & ENGINEERING PLOWE ENGINEERING, INC. PREPARED FOR: BRF ENTERPRISES LLC 416 LILAC ST LINO LAKES, MN 1 2 4 5 6 7 8 3 MQA AG CHECK BY: DRAWN BY: 24-2179 DATE: JOB NO: 12/06/24DESCRIPTIONDATENO.SHEETC1.1Date: License No. 43963 ADAM GINKEL 12.06.2024 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. GRADING, DRAINAGE & ESC PLAN PRELIMINARY24-2179ALL EROSION AND SEDIMENT CONTROL MEASURES SHOWN ON THE PLANS ORIMPLEMENTED IN THE FIELD SHALL BE IN ACCORDANCE WITH THE CITY REQUIREMENTS.PHASE I:1. INSTALL STABILIZED CONSTRUCTION ENTRANCE.2. PROVIDE TEMPORARY PARKING AND STORAGE AREA.3. INSTALL SILT FENCE AS SHOWN ON PLAN.3.1. ADDITIONAL SILT FENCE MAY BE NECESSARY IF LOCAL CONDITIONS REQUIRE.3.2. THE CONTRACTOR SHALL MAINTAIN SILT FENCE, INCLUDING THE REMOVAL OFACCUMULATED SEDIMENT, THROUGH COMPLETION OF BUILDINGCONSTRUCTION.3.3. SILT FENCE SHALL REMAIN IN-PLACE UNTIL SITE HAS BEEN STABILIZED.3.4. CONTRACTOR TO PROVIDE ADDITIONAL SILT FENCE, BIOROLLS, EROSIONCONTROL BLANKET, OR OTHER APPROVED EQUAL FOR ANY SLOPES THATAPPEAR TO BE FAILING. (NOTE: EROSION CONTROL BLANKET MUST HAVENON-FIXED JOINTS AND BE FULLY BIODEGRADABLE; ANY BLANKET NETTINGMUST BE LOOSE-WEAVE.)4. INSTALL INLET PROTECTION FOR ALL EXISTING STORM SEWER STRUCTURES (ASAPPLICABLE).5. PROVIDE TREE PROTECTION FENCING IN ACCORDANCE WITH CITY TREEPROTECTION FENCE DETAIL (GEN-27).6. PERFORM SITE GRADING ON AN AREA-BY-AREA BASIS TO MINIMIZE UNSTABILIZEDAREAS.6.1. CONTRACTOR MUST IMMEDIATELY INITIATE STABILIZATION OF EXPOSED SOILAREAS, AND COMPLETE THE STABILIZATION WITHIN SEVEN (7) CALENDAR DAYSAFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITETEMPORARILY OR PERMANENTLY CEASES.7. PAY SPECIAL ATTENTION TO ADJACENT PROPERTY LINES TO ENSURE THE EROSIONCONTROL PRACTICES INPLACE IN THOSE AREAS PREVENT MIGRATION OF SEDIMENTONTO ADJACENT PROPERTIES.8. STABILIZE SOIL STOCKPILES; STABILIZATION SHALL BE INITIATED IMMEDIATELY.9. FINAL GRADE SWALE AREAS UPON STABILIZATION OF UPSTREAM AREAS.10. CONTRACTOR SHALL BE RESPONSIBLE TO SWEEP/SCRAPE ADJACENT STREETSWHEN MATERIALS OR DEBRIS HAVE WASHED/FLOWED ONTO ADJACENT STREETS ORAS DIRECTED BY CITY.PHASE II:1. INSTALL RIP-RAP AT FLARED-END SECTIONS (AS APPLICABLE).2. INSTALL TEMPORARY INLET PROTECTION FOR ALL STORM SEWER INLETSTRUCTURES IN PAVING AREAS (AS APPLICABLE).3. INSTALL UTILITIES INCLUDING SANITARY SEWER, WATER MAIN, STORM SEWER (ASAPPLICABLE.)4. COMPLETE GRADING AND INSTALL SEED OR SOD IN DISTURBED PERVIOUS AREAS(PER LANDSCAPE PLAN).5. REMOVE ALL TEMPORARY EROSION AND SEDIMENT CONTROL DEVICES ONLY AFTERSITE HAS BEEN STABILIZED.** SEEDED AREAS SHALL BE EITHER MULCHED OR COVERED BY BIODEGRADABLE, NONFIXED JOINT FIBROUS BLANKETS TO PROTECT SEEDS AND LIMIT EROSION.* MOW A MINIMUM OF:RESIDENTIAL TURF - ONCE PER 2 WEEKSCOMMERCIAL TURF - ONCE PER 4 WEEKS3885 (CATEGORY 2)WOOD FIBER BLANKET3881FERTILIZER3882 (TYPE 1 - DISC ANCHORED)MULCH* FOR TURF ESTABLISHMENTITEM3876SEED **3878SODMNDOT SPECIFICATION/NOTESMNDOT MIX 25-131 (220 LBS/ACRE)MNDOT MIX 25-131 (120 LBS/ACRE)COMMERCIAL TURFRESIDENTIAL TURFREVEGETATION SPECIFICATIONSTIMING FOR EROSION & SEDIMENT CONTROLRCallbefore you dig.below.Know what'sLOT AREA= 46,425 SFAREA OF DISTURBANCE = 10,400 SF= 0.24 ACRESTOTAL IMPERVIOUS = 30,274 SFGRADING INFORMATIONAttachment 4: Civil Plan Set 33 33FNDIP-1/2" 12251899.0INV900.0TOPFNDIP-1/2" 12251FNDIP-1/2" OPENFNDIP-1/2" 14946901.5901.8901.5901.5901.5902.3901.8902.1902.4902.2902.5902.7902.3902.1902.1901.7901.8901.7902.0902.3901.8902.3902.5902.69 0 2 . 4 902.2902.6902.4902.29 0 2 . 4 902.3902.6902.5902.5902.2902.2902.6902.5902.2902.2902.5FFE GAR902.3902.3901.9902.0902.5902.6902.4902.4902.1902.1902.1902.0901.8901.6901.4TOP901.6902.0902.1901.6901.0900.8900.8901.0901.2901.6901.6901.6901.6898.2901.3902.3902.1901.0897.4INV898.9TOP899.2898.2899.1901.2898.8899.0901.0898.1INV899.6TOP902.3901.2901.3901.3901.3901.5901.8902.0MB902.3902.4902.5902.3902.0901.5902.1902.7902.5902.5901.1902.0902.2902.4902.5902.4902.3901.6901.8902.2900.4INV901.3901.1899.2INV902.3MAP14901.8MAP24902.69 0 3 . 0 902.2901.7902.4901.5901.2902.5902.0901.9902.0901.5901.412" CMP12" CMP 19.920.1 36.364.4 56.244.3 EXISTING BUILDINGFFE = 902.5MAIN LEVEL AREA =3,220 SF20 20 DRAINAGE AND UTILITY EASEMENTPER PLAT OF LINO LAKES PARKDRAINAGE AND UTILITY EASEMENT PER PLAT OF LINO LAKES PARK 67.0 33 902900900902902902902902 902902900900902 11.1OVERHANG71.287.0FENCE ON/NEAR LOT LINE FENCE ON/NEAR LOT LINE1.81.70.40.4 0.3 EXISTING FENCE LIES EAST OF LOT LINE (PUBLIC ROAD)12" DIP8" PVCSITE ACCESSEXSITING 12" FESINV 900.38EXSITING 12" FESINV 899.2491'-12" CMP@ 1.25%EXISTING FENCE TO BE REMOVED (TYP)PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBEXISTING GRAVEL WITHIN PARKING SETBACK TO BE REMOVED (TYP)EXISTING BITUMINOUSTO BE REMOVED (SAWCUT)EXISTING 12" CMP ANDAPRONS TO BE REMOVEDSB1SB2GENERAL NOTES1.THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATIONOF EXISTING UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE.THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATION AS TOTYPE AND LOCATION OF UTILITIES AS NECESSARY TO AVOID DAMAGE TO THESEUTILITIES.2.CALL GOPHER STATE ONE CALL AT LEAST 48 HOURS PRIOR TO ANY EXCAVATIONSFOR EXISTING UTILITIES LOCATIONS.3.THE CONTRACTOR SHALL FIELD VERIFY SIZE, ELEVATION, AND LOCATION OFEXISTING UTILITIES AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO THESTART OF INSTALLATIONS.4.ALL UTILITY AND STREET INSTALLATIONS SHALL CONFORM TO THE CITY STANDARDSPECIFICATIONS AND DETAIL PLATES.5.ALL WORK SHALL BE PERFORMED DURING CITY APPROVED WORKING HOURS.6.PARKING, EQUIPMENT STORAGE OR MATERIAL STORAGE SHALL NOT BE ALLOWED ONPUBLIC STREETS OR WITHIN PUBLIC RIGHT-OF-WAY.7.NOTIFY CITY A MINIMUM OF 48 HOURS PRIOR TO THE COMMENCEMENT OFCONSTRUCTION.8.ALL ELECTRIC, TELEPHONE, AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALLBE CONSTRUCTED TO THE APPROPRIATE UTILITY COMPANY SPECIFICATIONS. ALLUTILITY DISCONNECTIONS SHALL BE COORDINATED WITH THE APPROPRIATE UTILITYCOMPANY.9.THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAININGTRAFFIC CONTROL, SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS,FLAGMEN AND LIGHTS, AS NECESSARY TO CONTROL THE MOVEMENT OF TRAFFIC.LEGENDEXISTING GRAVELEXISTING HYDRANTEXISTING WATER MAINEXISTING GATE VALVEEXISTING STORM SEWEREXISTING TELEPHONE PEDESTAL(GUTTERLINE, BITUMINOUS SURFACE, OR GROUNDSURFACE UNLESS OTHERWISE INDICATED)920.60920.99PROPOSED SPOT ELEVATIONEXISTING SPOT ELEVATIONPROPOSED SILT FENCES928PROPOSED CONTOUREXISTING CONTOUREXISTING OVERHEAD ELECTRICOHWGEEXISTING UTILITY POLEEXISTING SANITARY SEWEREXISTING ELECTRICAL PEDESTALEXISTING BITUMINOUSEXISTING FLARED-END SECTIONEXISTING FENCEXEXISTING CABLE PEDESTALPROPOSED DIRECTION OF DRAINAGE930EXISTING CONCRETE930EXISTING FIBER OPTIC BOXFCETEXISTING UNDERGROUND GAS LINEGASEXISTING UNDERGROUND TELEPHONEGASBY HAUGO GEOTECHNICAL SERVICESPROPOSED SOIL BORING LOCATIONSPROPOSED RIP-RAPNORTH1 INCH = 20 FEETHORIZONTAL200102040(22" x 34")S:\PLOWE\CAD\24PROJ\2179 - 416 LILAC ST (LINO LAKES)\2179 CAD\2179 BASE 1.DWGThursday, December 5, 2024 11:53:41 AMFAX: (651) 361-8701 PHONE: (651) 361-8210 LINO LAKES, MN 55014 6776 LAKE DRIVE SUITE 110 SITE PLANNING & ENGINEERING PLOWE ENGINEERING, INC. PREPARED FOR: BRF ENTERPRISES LLC 416 LILAC ST LINO LAKES, MN 1 2 4 5 6 7 8 3 MQA AG CHECK BY: DRAWN BY: 24-2179 DATE: JOB NO: 12/06/24DESCRIPTIONDATENO.SHEETC1.2Date: License No. 43963 ADAM GINKEL 12.06.2024 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. REMOVALS PLAN PRELIMINARY24-2179RCallbefore you dig.below.Know what's GENERAL NOTES1. THE INFORMATION SHOWN ON THESE DRAWINGS CONCERNING TYPE AND LOCATIONOF EXISTING UTILITIES IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE.THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATION AS TOTYPE AND LOCATION OF UTILITIES AS NECESSARY TO AVOID DAMAGE TO THESEUTILITIES.2. CALL GOPHER STATE ONE CALL AT LEAST 48 HOURS PRIOR TO ANY EXCAVATIONSFOR EXISTING UTILITIES LOCATIONS.3. THE CONTRACTOR SHALL FIELD VERIFY SIZE, ELEVATION, AND LOCATION OFEXISTING UTILITIES AND NOTIFY ENGINEER OF ANY DISCREPANCIES PRIOR TO THESTART OF INSTALLATIONS.4. ALL UTILITY AND STREET INSTALLATIONS SHALL CONFORM TO THE CITY STANDARDSPECIFICATIONS AND DETAIL PLATES.5. ALL WORK SHALL BE PERFORMED DURING CITY APPROVED WORKING HOURS.6. PARKING, EQUIPMENT STORAGE OR MATERIAL STORAGE SHALL NOT BE ALLOWED ONPUBLIC STREETS OR WITHIN PUBLIC RIGHT-OF-WAY.7. NOTIFY CITY A MINIMUM OF 48 HOURS PRIOR TO THE COMMENCEMENT OFCONSTRUCTION.8. ALL ELECTRIC, TELEPHONE, AND GAS EXTENSIONS INCLUDING SERVICE LINES SHALLBE CONSTRUCTED TO THE APPROPRIATE UTILITY COMPANY SPECIFICATIONS. ALLUTILITY DISCONNECTIONS SHALL BE COORDINATED WITH THE APPROPRIATE UTILITYCOMPANY.9. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND MAINTAININGTRAFFIC CONTROL, SUCH AS BARRICADES, WARNING SIGNS, DIRECTIONAL SIGNS,FLAGMEN AND LIGHTS, AS NECESSARY TO CONTROL THE MOVEMENT OF TRAFFIC.LEGENDEXISTING GRAVELEXISTING HYDRANTEXISTING WATER MAINEXISTING GATE VALVEEXISTING STORM SEWEREXISTING TELEPHONE PEDESTAL(GUTTERLINE, BITUMINOUS SURFACE, OR GROUNDSURFACE UNLESS OTHERWISE INDICATED)920.60920.99PROPOSED SPOT ELEVATIONEXISTING SPOT ELEVATIONPROPOSED SILT FENCES928PROPOSED CONTOUREXISTING CONTOUREXISTING OVERHEAD ELECTRICOHWGEEXISTING UTILITY POLEEXISTING SANITARY SEWEREXISTING ELECTRICAL PEDESTALEXISTING BITUMINOUSEXISTING FLARED-END SECTIONEXISTING FENCEXEXISTING CABLE PEDESTALPROPOSED DIRECTION OF DRAINAGE930EXISTING CONCRETE930EXISTING FIBER OPTIC BOXFCETEXISTING UNDERGROUND GAS LINEGASEXISTING UNDERGROUND TELEPHONEGASBY HAUGO GEOTECHNICAL SERVICESPROPOSED SOIL BORING LOCATIONSPROPOSED RIP-RAP33 33FNDIP-1/2" 12251899.0INV900.0TOPFNDIP-1/2" 12251FNDIP-1/2" OPENFNDIP-1/2" 14946902.5FFE GAR897.4INV898.9TOP898.1INV899.6TOPMB12" CMP19.920.1 36.364.4 56.244.3 EXISTING BUILDINGFFE = 902.5MAIN LEVEL AREA =3,220 SF20 20 DRAINAGE AND UTILITY EASEMENTPER PLAT OF LINO LAKES PARKDRAINAGE AND UTILITY EASEMENT PER PLAT OF LINO LAKES PARK 67.0 33 11.1OVERHANG71.287.0PIN No. 17-31-22-22-0007Owner: Lloyd McKinneyAddress: UnassignedPIN No. 17-31-22-22-0005Owner: Advanced Concrete Const.Address: 432 Lilac StreetPIN No. 17-31-22-22-0008Owner: Lloyd McKinneyAddress: 7582 4th Avenue(PUBLIC ROAD)12" DIP8" PVCSITE ACCESSEXSITING 18" FESINV 897.42EXSITING 18" FESINV 898.1242'-18" CMP@ 1.67%EXISTING HYDRANTAND GATE VALVEEXISTING 12" DIP W.M.EXISTING 8" PVC SANITARY SEWEREXSITING 18" FESINV 899.046" DIPEXISTING WELL TO BE SEALED PERCITY AND MN DEPT. OF HEALTHREQUIREMENTS UNLESS USED FORIRRIGATIONPKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSB PKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBPKGSBEXISTING 1" WATER SERVICEW/ CURB STOP AND 4" PVCSANITARY SEWER SERVICE(LOCATION OF EXTENSIONS TOBUILDING UNKNOWN)X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXXXXXXXXSB1SB2NORTH1 INCH = 20 FEETHORIZONTAL200 10 2040(22" x 34")S:\PLOWE\CAD\24PROJ\2179 - 416 LILAC ST (LINO LAKES)\2179 CAD\2179 BASE 1.DWGThursday, December 5, 2024 11:53:41 AMFAX: (651) 361-8701 PHONE: (651) 361-8210 LINO LAKES, MN 55014 6776 LAKE DRIVE SUITE 110 SITE PLANNING & ENGINEERING PLOWE ENGINEERING, INC. PREPARED FOR: BRF ENTERPRISES LLC 416 LILAC ST LINO LAKES, MN 1 2 4 5 6 7 8 3 MQA AG CHECK BY: DRAWN BY: 24-2179 DATE: JOB NO: 12/06/24DESCRIPTIONDATENO.SHEETC2.1Date: License No. 43963 ADAM GINKEL 12.06.2024 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. UTILITY PLAN PRELIMINARY24-2179RCallbefore you dig.below.Know what's S:\PLOWE\CAD\24PROJ\2179 - 416 LILAC ST (LINO LAKES)\2179 CAD\2179 BASE 1.DWGThursday, December 5, 2024 11:53:41 AMFAX: (651) 361-8701 PHONE: (651) 361-8210 LINO LAKES, MN 55014 6776 LAKE DRIVE SUITE 110 SITE PLANNING & ENGINEERING PLOWE ENGINEERING, INC. PREPARED FOR: BRF ENTERPRISES LLC 416 LILAC ST LINO LAKES, MN 1 2 4 5 6 7 8 3 MQA AG CHECK BY: DRAWN BY: 24-2179 DATE: JOB NO: 12/06/24DESCRIPTIONDATENO.SHEETC3.1Date: License No. 43963 ADAM GINKEL 12.06.2024 I hereby certify that this plan was prepared by me or under my direct supervision and that I am a duly licensed professional engineer under the laws of the State of Minnesota. DETAILS PRELIMINARY24-2179MIN. EMBEDMENT 2' FROM TOP OF BOARD.BOLTS REQUIREDNOTE: STAINLESS STEEL NON-RUSTING2" X 6" PRESSURETREATED BOARDS (TYP)EL=898.003.5-FEET EL=900.50EL=899.60EL=899.003 : 1 MIN. 8" OF 3" WASHED ROCK4-FEETWITH FILTER FABRICCLASS II RIPRAPWITH FILTER FABRICSIDE VIEWBOARD 1BOARD 24-FEETNWL=900.00PLAN VIEWNOTES:1. USE 4' MAXIMUM SPACING BETWEEN POSTS.2. STAINLESS STEEL NON-RUSTING BOLTSREQUIREDMINIMUM 4" X 4" PRESSURETREATED POSTS (4' MIN.BURY)BAFFLE WEIRN.T.S. Attachment 5: Architectural Plan Set Attachment 6: Landscape Plan Set 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum To: Katie Larsen, Lino Lakes City Planner From: Diane Hankee PE, Lino Lakes City Engineer Date: December 20, 2024 Re: 416 Lilac Street – BRF Enterprises Site Plan Review 027620-000 WSB reviewed the Civil plans for the BRF Enterprises site in Lino Lakes, MN, received December 10, 2024. The site is 1.06 acres and located at 416 Lilac Street east of 4th Avenue. The lot has frontage along Lilac Street (TH 49). Comments were made on the following documents: •416 Lilac St – BRF Enterprises - Civil Plans prepared by Plowe Engineering, dated December 6, 2024, received December 10, 2024. •416 Lilac St – BRF Enterprises - Stormwater Drainage Report prepared by Plowe, dated December 6, 2024, received December 10, 2024. •Soil Borings and Logs prepared by Haugo Geotechnical Services, dated November 27, 2024, received December 10, 2024. The following review comments should be responded to in writing by the applicant. Engineering •General The 416 Lilac Street BRF Enerprises site project proposes to create a professional automotive collision/repair shop which includes the associated parking lot, utilities, and landscaping. The site is located on Lot 5 Block 1 of the Lino Industrial Park Addition and will be accessed from Lilac Street (TH 49). •Grading A grading and drainage plan was provided for the site including paved areas, curb, and retaining walls. Comments: 1. Remove the impervious area inside the rear drainage and utility easement. 2.Recommend including surface water treatment on the south side of the parking area. 3.Provide Emergency Overflow (EOF) elevations for all low points in the parking or green space areas. •Stormwater Management Attachment 7: City Engineer letter dated December 20, 2024 Ms. Katie Larsen 12/20/2024 Page 2 416 Lilac Street – BRF Enterprises - Engineering Review Stormwater management for the 416 Lilac Street site consists of constructing a new sedimentation basin on the northwest corner of the site. Pre- and Post- Development Discharge Rates (cfs) Condition 2-Year 10-Year 100-Year 10-Day Snowmelt Existing 3.96 6.14 10.23 Not required Proposed 3.14 5.12 9.56 Not required Comments: 1. The City requires that the amount of untreated impervious is 15% of the site total. Current plans show over 50% of the site impervious running offsite without treatment. In order to meet parking requirements, the proposed basin will likely need to be relocated. The City recommends shifting and/or relocating BMPs along the side and rear easements. This would also allow to potentially treat additional areas. 2. Due to construction compaction, the pervious areas modeled in drainage area A.1 must have curve numbers consistent with HSG C soils. 3. Pending the type of BMP, an outlet control structure with a submerged outlet pipe may be needed. 4. A vegetation bench below the basin NWL is recommended. 5. Native seeding is needed around the proposed BMP and within the last 20’ of the proposed ditch to stabilize soils. 6. Rolled erosion blanketing containing natural netting is needed on BMP or pond slopes. 7. Please clarify the gravel drive to 190th St N in the Existing Conditions section of the Stormwater Drainage Report. • Water Supply A 6” PVC C900 water service stub is supplied to the site. Comments: 1. Show approximate location where existing utilities enter the building. 2. Verify with MDH whether the proximity of an automotive use prohibits continued use of the existing well. a. Provide documentation to the City 3. We recommend that the City Deputy Director of Public Safety-Fire Division review the proposed plan for water supply and hydrant coverage. • Sanitary Sewer A 6” PVC sanitary sewer service stub is supplied to the site. Comments: 1. Show approximate location where existing utilities enter the building. Ms. Katie Larsen 12/20/2024 Page 3 416 Lilac Street – BRF Enterprises - Engineering Review • Transportation The 416 Lilac Street site proposes the use of one existing access off of Lilac Street. Comments: 1. We recommend that the City Deputy Director of Public Safety-Fire Division review the proposed plan for emergency access. a. It appears that any proposed fire truck turning movements would overlap numerous parking spaces that may be occupied in the event of an emergency. 2. Provide turning movements for expected delivery/semi-truck vehicles within the lot. 3. Based on a 3,220 SF Automobile Care Center use, ITE estimates 7 trips in the AM peak hour and 10 trips in the PM peak hour. The site will have minimal impacts to the adjacent roadway network. • Wetlands and Mitigation Plan The site is in an upland location and wetland are not present. • Landscaping Specific landscaping plans were not provided as part of the submittal. The City’s Environmental Coordinator to review landscaping and provide in-depth comments when provided. • Floodplain No floodplain impacts are proposed on site. • Drainage and Utility Easements Drainage and utility easements are required for stormwater systems. This includes the area encompassing the 100-yr HWL of any BMPs. • Development Agreement A Development Agreement will not be required but a Site Performance Agreement will be. • Grading Agreement Grading agreement not required at this time. Ms. Katie Larsen 12/20/2024 Page 4 416 Lilac Street – BRF Enterprises - Engineering Review • Stormwater Maintenance Agreement The stormwater facilities will be privately maintained and a Declaration for Maintenance of Stormwater Facilities will be required. Both the Rice Creek Watershed District (RCWD) and the City of Lino Lakes shall be parties to the Declaration. • Permits Required 1. NPDES General Construction Permit 2. City of Lino Lakes Zoning Permit for construction If you or the applicant have any questions regarding these comments, please contact Kris Keller at (612) 419-3083 or kkeller@wsbeng.com. You may also contact Diane Hankee at (651) 982-2430 or dhankee@linolakes.us. 1 PLANNING & ZONING BOARD AGENDA ITEM 6C STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: January 8, 2025 TOPIC: Public Hearing, Amending Chapter 1007 of City Code (Zoning Ordinance), Relating to Adult Use Cannabis CASE NUMBER: 2024-005 APPLICANT: City of Lino Lakes OWNER: NA REVIEW SCHEDULE: Complete Application Date: NA Environmental Board Meeting: NA EDAC Meeting: NA Park Board Meeting: NA P & Z Board Meeting: January 8, 2025 February 12, 2025 City Council Meeting February 24, 2025 60-Day Review Date: NA 60-Day Extension: NA INTRODUCTION The City is considering adoption of requirements related to the regulation of Adult Use Cannabis as provided for under Minnesota Statutes, Chapter 342. To address the new regulations the City is considering two amendments to City Code: 1) Chapter 617 Regulation of Cannabis Businesses 2) Chapter 1007 (Zoning Ordinance) Relating to Cannabis Businesses BACKGROUND Chapter 342 of Minnesota law was established by the State Legislature in 2023 and amended in 2024 providing for the cultivation, manufacture and sale of adult use cannabis. The State is 2 currently completing the rulemaking process which will likely be completed after the first of the year (2025). The law created the Office of Cannabis Management (OCM) to oversee the implementation and regulation of the adult-use cannabis market, the medical cannabis market, and the consumer hemp industry. The OCM will be responsible for licensing Cannabis Businesses. There are 13 different types of business licenses. These include: Microbusiness Mezzobusiness Cultivator Manufacturer Retailer Wholesaler Transporter Testing Facility Event Organizer Delivery Service Medical Cannabis Combo Bus. Lower-Potency Hemp Manuf. Lower-Potency Hemp Retailer Definitions for each business type are include in the draft ordinance. The amendment to Chapter 617 provides for registration requirements for Cannabis Business including, number of retail licenses allowed, buffer requirements from certain uses, and performance standards. The City Council will be considering these amendments in January. The amendment to Chapter 1007 relates to the City role as the zoning authority. Cannabis businesses are viewed as any other type of legal business, subject to the City’s general zoning regulations. A zoning ordinance text amendment has been drafted to include the various license types into appropriate zoning districts. ANALYSIS For purposes of the Zoning requirements the primary focus will be on the appropriate districts for each use. It is also necessary to determine whether the use is a permitted or conditional use based on similar uses already established in the districts. The licensed uses fall within the following categories: Cultivation. Cannabis business licensed or endorsed for cultivation would be permitted as an agricultural use and would be permitted indoor and outdoor in the R – Rural district. Indoor cultivation would also be considered in Industrial districts. Cannabis Manufacturer. Cannabis business licensed or endorsed for cannabis manufacturer would be a permitted manufacturing use in the Light Industrial and General Industrial districts. Consideration should be given to whether this would be a permitted or conditional use in the Business Campus district. 3 Hemp Manufacturer. Cannabis business licensed or endorsed for low-potency hemp edible manufacturers permitted as a manufacturing use in the industrial districts. Wholesale. Cannabis business licensed or endorsed for wholesale would be permitted as a wholesale sales use in the Light and General Industrial Districts and the Business Campus districts. Cannabis Retail. Cannabis business licensed or endorsed for cannabis retail are permitted as retail sales in the Neighborhood Business, Limited Business, and General Business, Light Industrial, General Industrial and Business Campus districts. Cannabis Transportation and Cannabis Delivery. Cannabis business licensed or endorsed for Transportation and Deliver would be permitted as warehousing uses in the Light and General Industrial Districts and the Business Campus District. The draft ordinance proposing the inclusion of cannabis uses as permitted where similar activities are currently allowed. No conditional uses are proposed. With the exception of microbusinesses, uses that included cultivation or retail sales were not allowed for in the BC, Business Campus district. RECOMMENDATION Staff is recommending opening the public hearing and continuing the hearing to the February 12, 2025, Planning & Zoning Board meeting. ATTACHMENTS 1. Zoning District Summary Table 2. Draft Ordinance Amendment Rural Commercial District Industrial Districts Notes Cannabis License Type R, Rural NB, Neighborhood Business LB, Limited Business GB, General Business LI, Light Industrial GI, Gen Industrial BC, Business Campus Cannabis Microbusiness P P P indoor cultivation of plants up to 5,000 sq ft or ½ acre outdoors + 1 retail license (same site). Staff proposing (indoor only) Cannabis Mezzobusiness P P Indoor cultivation of plants up to 15,000 sq ft or up to 1 acre outdoors + 3 retail license (retail use is not on same site) (staff indoor only) Cannabis Cultivator (indoor) P P P Indoor cultivation of up to 30,000 sq ft plant canopy Cannabis Cultivator (outdoor) P Outdoor cultivation limited to 2 acres Cannabis Manufacturer P P P Manufacture cannabis and hemp products Cannabis Retailer P P P Cannabis retailer (342.27 stipulates display, storage, hrs operation; security) Cannabis Wholesaler P P P BUY and sell immature plants Cannabis Transporter P P P Transport cannabis and hemp products between Cannabis Testing Facility P P P Third-party testing any products grown or manufactured Cannabis Delivery Service P P Delivery with on-site vehicles Medical Cannabis Cultivator P P 60,000 sq ft of plant canopy Medical Cannabis Retailer P P P Purchase medical cannabis flower and products and sell or distribute Medical Cannabis Combo Business P P Cultivator, processor, and retailer Lower-potency Hemp Edible Manufacturer P P P Lower-potency Hemp Edible Retail P P P 1st Reading: Website Notice: 2nd Reading: Publication: Adoption: Effective: CITY OF LINO LAKES ORDINANCE NO. XX-24 ORDINANCE AMENDING CHAPTER 1007 (ZONING ORDINANCE) OF THE CITY CODE CONCERNING THE REGULATION AND ZONING OF CANNABIS BUSINESSES The City Council of Lino Lakes ordains: Section 1. Section 1007.001 of City Code (Rules and Definitions) is hereby amended to include the following definitions: CANNABIS BUSINESSES RELATED: Unless otherwise noted in this section or chapter 24 of this title, words and phrases contained in Minnesota Statutes, section 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this title. A. Adult-Use Cannabis Product: As defined under Minnesota Statutes, section 342.01, subd. 4. B. Cannabis Business. A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, dispensary, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis delivery services, or medical cannabis combination business licensed, or any use otherwise authorized, under Minnesota Statutes, Chapter 342. C Cannabis Cultivation: A cannabis business licensed for planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts by a business licensed or authorized to cultivate cannabis or medical cannabis pursuant to Minnesota Statutes Chapter,342. D. Cannabis delivery service. A person or entity licensed or otherwise authorized to purchase cannabis flower, cannabis products, lower-potency hemp edibles, and hemp- derived consumer products from licensed cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail endorsement, dispensaries, medical cannabis dispensaries, and medical cannabis combination businesses; transport and deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable products to customers; and perform other actions pursuant to Minnesota Statutes, Chapter 342. E. Cannabis or lower-potency hemp edible manufacturing. An entity licensed or otherwise authorized for the creation of cannabis concentrate and manufacture of cannabis products and hemp-derived consumer products for public consumption pursuant to Minnesota Statutes, Chapter 342, an entity licensed or authorized to purchase hemp and artificially derived cannabinoids to make hemp concentrate; manufacture artificially derived cannabinoids and hemp edibles for public consumption; package and label lower-potency hemp edibles for sale to customers; sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp businesses; and perform other actions pursuant to Minnesota Statutes, Chapter 342, or an entity in possession of a medical cannabis processor license pursuant to Minnesota Statutes, Chapter 342. F. Cannabis mezzobusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes, Chapter 342. G. Cannabis microbusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter 342. H. Cannabis Retail Business: A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers, pursuant to Minnesota Statutes, Chapter 342. I. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. J. Cannabis testing facility. A facility licensed to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis cultivators, medical cannabis processors, medical cannabis combination businesses, and industrial hemp growers pursuant to Minnesota Statutes, Chapter 342. K. Cannabis transporter. An entity licensed or otherwise authorized to transport immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis business to a cannabis business pursuant to Minnesota Statutes, Chapter 342. L. Cannabis wholesaler. An entity licensed or authorized to obtain, store, and sell or otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers, pursuant to Minnesota Statutes, Chapter 342. M. Dispensary. An entity in possession of a cannabis retailer license or otherwise authorized to acquire, possess, transfer, sell, dispense, or distributes products containing cannabis and related supplies and products pursuant to Minnesota Statutes, Chapter 342. N. Lower Potency Hemp Edible: As defined under Minnesota Statutes, section 342.01, subd. 50. O. Lower-potency hemp edible retailer. A person or entity licensed or authorized to acquire, possess, transfer, sell, dispense, or distribute lower-potency hemp edible products and related supplies and products pursuant to Minnesota Statutes, Chapter 342. P. Medical cannabis combination business. An entity authorized to cultivate, manufacture, and sell cannabis, hemp, and cannabis and hemp related supplies and products, and perform other actions authorized under a medical cannabis combination license pursuant to Minnesota Statutes, Chapter 342. Section 2. Section 1007.100(5) of the Zoning Ordinance (R, Rural District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: (m) Cannabis Cultivator, indoor, limited to 30,000 square feet of plant canopy meeting the requirements of Chapter 617 of City Code. (n) Cannabis Cultivator, outdoor, limited to 2 acres meeting the requirements of Chapter 617 of City Code. Section 3. Section 1007.130(6) of the Zoning Ordinance (NB, Neighborhood Business District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: (j) Cannabis Retailer meeting the requirements of Chapter 617 of City Code. (k) Cannabis Medical Retailer meeting the requirements of Chapter 617 of City Code. (l) Low Potency Hemp Edible Retailer meeting the requirements of Chapter 617 of City Code. Section 4. Section 1007.131 (6) of the Zoning Ordinance (LB, Limited Business District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: (m) Cannabis Retailer meeting the requirements of Chapter 617 of City Code. (n) Cannabis Medical Retailer meeting the requirements of Chapter 617 of City Code. (o) Low Potency Hemp Edible Retailer meeting the requirements of Chapter 617 of City Code. Section 5. Section 1007.132(6) of the Zoning Ordinance (GB, General Business District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: (s) Cannabis Retailer, meeting the requirements of Chapter 617 of City Code. (t) Cannabis Medical Retailer meeting the requirements of Chapter 617 of City Code. (u) Low Potency Hemp Edible Retailer meeting the requirements of Chapter 617 of City Code. Section 6. Section 1007.140(7) of the Zoning Ordinance (LI, Light Industrial District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: (t) Cannabis Businesses: cultivator (including medical) that is housed entirely indoors, delivery service, manufacturer (including medical and low-potency Hemp edible), medical combo, microbusiness, mezzobusiness, testing facility, transporter and wholesaler meeting the requirements of Chapter 617 of City Code. Section 7. Section 1007.141(7) of the Zoning Ordinance (GI, General Industrial District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: (r) Cannabis Businesses: cultivator (including medical) that is housed entirely indoors, delivery service, manufacturer (including medical and low-potency Hemp edible), medical combo, microbusiness, mezzobusiness, testing facility, transporter and wholesaler meeting the requirements of Chapter 617 of City Code. Section 8. Section 1007.142(7) of the Zoning Ordinance (BC, Business Campus, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: (o) Cannabis Businesses: delivery service, manufacturer (including medical and low-potency Hemp edible), testing facility, transporter and wholesaler meeting the requirements of Chapter 617 of City Code. Section 9. This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this ____ day of ________________, 2025. ____________________________ Rob Rafferty, Mayor ATTEST: ________________________ Roberta Colotti, CMC City Clerk