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HomeMy WebLinkAbout25-016 - Resolution - Shuda Farms - Interim Use PermitCITY OF LINO LAKES RESOLUTION NO. 25-16 RESOLUTION APPROVING INTERIM USE PERMIT FOR EARTH MOVING AND STOCKPILING AT SHUDA FARMS, 8196 20TH AVENUE WHEREAS, the City received a land use application for an interim use permit for earth moving and stockpiling on property at 8196 20th Avenue, Shuda Farms LLC. and hereafter referred to as "Development"; and WHEREAS, the property is zoned R-Rural and allows for earth removal, land reclamation, material storage or filling with an interim use permit; and WHEREAS, the legal descriptions of the subject properties are as follows: THAT PRT OF NE1/4 OF SW1/4 OF SEC 1 TWP 31 RGE 22 LYG ELY OF WLY 10 FT THEREOF, SUBJ TO EASE OF REC WHEREAS, City staff has completed a review of the land use application based on the plan set including Existing and Proposed Site Improvement Plans prepared by Dream Scapes Landscaping & Design, Inc, latest revision date December 2, 2024. WHEREAS, a public hearing was held before the Planning & Zoning Board on January 8, 2025, and the Board recommended approval of the interim use permit. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby makes the following findings: FINDINGS OF FACT 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. 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. 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: 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 Lal<es Capital Improvement Plan. However, the City may, at its discretion, consider developer -financed improvements to correct any street deficiencies. The LOS requirements in paragraphs 1. to 4. above do not apply to the I- 35W/Lal<e Drive or 1-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anol<a County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. 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. 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, smol<e, 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. In addition to the criteria established under Section 1007.016, Conditional Use Permits, Section 1007.059, Earth Moving and Land Reclamation establishes the following conditions that shall be met: 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. Slope the banks, and otherwise guard and I<eep any pit or excavation in such condition as not to be dangerous because of sliding or caving banl<s. 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 mal<e 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 rocl<, 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 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. 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 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. BE IT FURTHER RESOLVED by the City Council of Lino Lakes in addition to the administrative requirements of an interim use permit, the following standards of Section 1007.051(4), are being met, as outlined in the staff report dated January 10, 2025, prepared for review for the Planning and Zoning Board of Lino Lakes: BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the interim use permit for earth moving and stockpiling located at Shuda Farms LLC. 8196 201h Avenue subject to the following conditions: 1. Fill stockpiles shall be limited to the areas identified in the plans prepared by Dream Scapes Landscaping & Design, Inc, latest revision date December 2, 2024, and any revisions to the plans approved by the City. 2. Applicant meets the requirements laid out in the City Engineer and Environmental Coordinator review letters. 3. Stockpile operation shall be limited to 7,000 CY within an area as designated on the final plan. 4. Stockpile to be a maximum of 22' in height. 5. The site includes 2 existing berms, as detailed in the project plans referenced here within. The berms shall not change in size or location. 6. Permitter control is required around the stockpile, redundant perimeter control should be provided in relation to adjacent wetlands. 7. 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. 8. At least 70% of the stockpile should be established with vegetation at all times to prevent erosion. 9. Any portion of the stockpile not being actively worked for 7 days must be temporarily stabilized. 10. Provide details for seed mix, hydro mulch, and application rates within the plan set. 11. Maintain slopes of 3:1 on a least 70% of the stockpile area. 12. 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. 13. 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. 14. 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. 15. Owner shall obtain a Rice Creek Watershed District Permit or Letter of Intent as applicable. 16. 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. 17. 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. 18. Owner will permit a City Inspector to view the premises during normal business hours. 19. Non-functioning equipment is not allowed to be stored on site. All equipment shall be screened from public view. 20. The stockpile shall be used for onsite use only and shall have no commercial or residential sales. 21. The City will maintain a $5,000 escrow provided by the owner that shall be reestablished annually by January 15th. This escrow will be for inspection, erosion control, and other City costs associated with the earth moving and filling. If the above escrow amount is insufficient, the owner shall make such additional deposits as required by the City. The City shall have a right to reimburse itself from the Escrow with suitable documentation supporting the charges. Adopted by the Council of the City of Lino Lakes this 10th day of February, 2025. ROb Ra erty, Mayor ATTEST: Roberta Colotti, CIVIC, City Clerk 1— t