HomeMy WebLinkAbout25-052 - Resolution - Rehbieins - Stockpiling PermitCITY OF LINO LAKES
RESOLUTION NO. 25-52
RESOLUTION APPROVING INTERIM USE PERMIT FOR EARTH MOVING AND
STOCKPILING AT REHBEINS BLACK DIRT (PIDS #24-31-22-24-0002, #24-31-
22-24-0008, AND #24-31-22-24-0009)
WHEREAS, On March 14, 2022, the City Approved a Conditional Use Permit for
earth moving and stockpiling on properties on 21St Avenue South and hereafter referred
to as "Development"; and
WHEREAS, the City has updated their zoning ordinance and this project is to be
re -permitted as an Interim Use Permit (IUP); and
WHEREAS, the properties are zoned GB, General Business, and allow for earth
removal, land reclamation, material storage or filling with an interim use permit; and
WHEREAS, the legal descriptions of the subject properties are as follows:
Lot 2, Block 2, CLEARWATER CREEK BUSINESS CENTER, Anoka County, Minnesota; and,
Outlot A, CLEARWATER CREEK BUSINESS CENTER, Anoka County, Minnesota; and,
That part of the Southeast Quarter of the Northwest Quarter (SE % of NW %) of Section
24, Township 31, Range 22, described as follows, to -wit: Commencing at the Southwest
corner of said Southeast Quarter of Northwest Quarter (SE % of NW %) of Section 24,
thence running East along the South line of said Southeast Quarter of Northwest
Quarter (SE % of NW %) a distance of 275 feet; thence running North parallel with the
West line of said Southeast Quarter of Northwest Quarter (SE % of NW %) a distance of
375 feet; thence West parallel with the South line of said Southeast Quarter of
Northwest Quarter (SW % of NW %) a distance of 275 feet to the West line of said
Southeast Quarter of Northwest Quarter (SE % of NW %); thence running South along
the West line of said Southeast Quarter of Northwest Quarter (SE % of NW %) a distance
of 375 feet to the point of beginning; Anoka County, Minnesota.
WHEREAS, City staff has completed a review of the land use application based on
the following plans:
• ALTA/NSPS Land Title Survey prepared by EG Rud & Sons, Inc. dated December
23, 2021
• Site, Grading, Erosion and Sediment Control Plan prepared by Carlson McCain
dated April 6, 2022
• Clearwater Creek Business Center North Wetland Delineation Report prepared
by Kjolhaug Environmental Services Company, Inc., dated August 5, 2021
• Preliminary Geotechnical Exploration Report, Haugo Geotechnical Services,
dated November 26, 2021
• Applicant's Rice Creek Watershed District permit application, dated January 10,
2022; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on April
9, 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:
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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 Land Use,
Utility, Local Water Management, Capital Improvement, Policy and Natural
Environmental Plans and recommendations of the comprehensive plan.
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. Present land use is vacant commercial and future land use is
commercial. 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.
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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 and were submitted to the RCWD for review.
4. Traffic generated by a proposed development application is within the capabilities of
the City when:
a. If the existing level of service (LOS) outside of the proposed subdivision is A
or B, traffic generated by a proposed subdivision will not degrade the level of
service more than one grade.
b. If the existing LOS outside of the proposed subdivision is C, traffic generated
by a proposed subdivision will not degrade the level of service below C.
c. If the existing LOS outside of the proposed subdivision is D, traffic generated
by a proposed subdivision will not degrade the level of service below D.
d. The existing LOS must be D or better for all streets and intersections
providing access to the subdivision. If the existing level of service is E or F,
the subdivision developer must provide, as part of the proposed project,
improvements needed to ensure a level of service D or better.
e. Existing roads and intersections providing access to the subdivision must
have the structural capacity to accommodate projected traffic from the
proposed subdivision or the developer will pay to correct any structural
deficiencies.
f. The traffic generated from a proposed subdivision shall not require City
street improvements that are inconsistent with the Lino Lakes Capital
Improvement Plan. However, the City may, at its discretion, consider
developer -financed improvements to correct any street deficiencies.
g. The LOS requirements in paragraphs a. to d. above do not apply to the I-
35W/Lake Drive or 1-35E/Main St. interchanges. At City discretion,
interchange impacts must be evaluated in conjunction with Anoka County
and the Minnesota Dept. of Transportation, and a plan must be prepared to
determine improvements needed to resolve deficiencies. This plan must
determine traffic generated by the subdivision project, how this traffic
contributes to the total traffic, and the time frame of the improvements. The
plan also must examine financing options, including project contribution and
cost sharing among other jurisdictions and other properties that contribute
to traffic at the interchange.
h. The City does not relinquish any rights of local determination.
The black dirt stockpile operation currently exists south of the proposed relocation on
the Centerville side of 215t Avenue S. The applicant estimates a maximum of 50 trucks
per day will access the site. A traffic study was not completed due to the fact that the
existing operation is relocating to a nearby site and the current location will cease
operations. Traffic generated by the black dirt operation will not change the traffic
on 211tAvenue S or at the 215YAvenue S/Main Street intersection.
215tAvenue S is a 9-ton design, but during spring road restrictions a 5-ton limit
applies. The truck traffic will be limited to these weight restrictions. The hauling,
dumping and grading of excavated materials shall occur within the project
boundaries as shown on the plans. The site will be limited to one access.
5. The proposed development shall be served with adequate and safe water supply.
The proposed earth moving/black dirt stockpile does not require a water service as
proposed. Municipal water main is located along 215t Avenue S and in the drainage
and utility easement on the properties should the applicant wish to connect in the
future.
6. The proposed development shall be served with an adequate and safe sanitary
sewer system.
The proposed earth moving/ black dirt stockpile does not require service by sanitary
sewer. However, facilities should be provided on site for any employees of the black
dirt operation. Municipal sanitary sewer is located along 2151 Avenue S and in the
drainage and utility easement on the properties should the applicant wish to connect
in the future.
7. The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed
development.
The proposed earth moving/ black dirt 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.
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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 and floodplain will not be
affected by the activities as currently proposed.
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 1007.050, are being met:
(a) 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.
(b) 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 proposed earth moving/ black dirt stockpile is proposed with 3:1 side slopes on
all sides, except for the working side, reducing the risk of sliding or caving banks.
Areas not being excavated shall be established with turf within seven (7) days of
placement to avoid sliding.
(c) 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 moving/ black dirt stockpile site is designed to drain in a similar
manner as the existing conditions. Approximately half of the stockpile will drain
towards the existing wetland east of the site and the other half will drain towards
21"Avenue S. Erosion control is proposed and will be needed to ensure that
sediment is prevented from entering the wetland and storm sewer systems.
(d) 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.
(e) 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 black dirt. The site will be limited to this type
of material. The City will reserve the right to test the material.
(f) Require that all decomposable material, or other unsuitable foundation material, be
removed from an area before deposition of fill begins.
Not applicable to this project.
(g) 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.
(h) Specify a time when the excavation or land reclamation project shall be completed.
The proposed earth moving/ black dirt operations will occur in the summer months.
The interim use permit will be reviewed every five (5) years for renewal. Renewal
shall be approved by City Council.
(i) Place a minimum of four (4) inches of top soil 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 stabilized and remain
stabilized with vegetation at all times.
(j) 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 a $5,000 non -interest bearing escrow account provided by the
owner that shall be reestablished annually by January 151. This escrow will be for
inspection, erosion control, and other City costs associated with the operation of the
stockpile.
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.
(k) Implement the tree preservation plan
Not applicable to this site.
(1) In addition to a 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 feet, as required for IUP's, and the City of Centerville were
notified. A neighborhood meeting is not proposed at this time.
(m) 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.
The City will collected securities through the issuance of the Site Performance
Agreement.
(n) 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 the City of Lino Lakes hereby
approves the interim use permit for earth moving and stockpiling located on 2111
Avenue South (PID #24-31-22-24-0002, #24-31-22-24-0008, and #24-31-22-24-0009)
subject to the following conditions:
1. Stockpile operations shall be limited to the areas identified in the plans prepared
by Carlson McCain, dated April 6 2022, and any revisions to the plans approved
by the City.
2. Comments from the City Engineer letter dated February 4, 2022, are to be
address through the IUP operations.
3. Comments from the City Environmental Coordinator letter dated January 18tn,
2022, are to be address through the IUP operations.
4. The vehicles accessing or exiting the site shall not track sediment on 21St Avenue
S. The onsite facilitates and site circulation shall be sufficient to provide
sediment removal prior to accessing City roadways.
5. Stockpile to be at least 80-ft from property lines shared with 2110 Northern
Lights Blvd (currently Dairy Queen).
6. Stockpile shall be at least 50-ft from the road right-of-way.
7. The stockpile shall not exceed 118,000 square feet in area.
8. Silt fence should be used instead of the sediment control logs shown on the plan.
Double silt fence shall be installed where adjacent to wetlands.
9. 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.
10. Maximum stockpile height is to be limited to 40-ft above the natural grade of the
site.
11. Maximum side slope of stockpile to be 3:1, expect for the working face. The
working face shall not be more than 150 ft in length at the base of the stockpile.
12. Maximum stockpile volume to be limited to 100,000 cubic yards.
13. The finished product pile shall not exceed 500 cubic yards in volume and 15-ft in
height.
14. Any erosion control BMP that becomes non-functional or half full of sediment
must be repaired, replaced, or supplemented by the end of the next day after
discovery. BMP's shall remain in place throughout the duration of the IUP.
15. At least 70% of the stockpile surface area shall be established with vegetation at
all times to prevent erosion.
16. Any street tracking that does occur from vehicles entering or leaving the site
must be swept within one calendar day of discovery. The sediment removal
facilities on site such as the gravel entrance must be maintained to prevent
tracking. On site signage regarding tracking is required.
17. A trained individual with current certification in erosion and sediment control
must perform inspections at a minimum every seven (7) days and within 24
hours after a rainfall event greater than %2 inch in 24 hours. Inspection records
must be retained with the SWPPP and include information detailed in section
11.11 of the Construction Stormwater General Permit. Contact information for
the inspector must be provided to the City. Inspection records must be provided
to the City Environmental Coordinator on a monthly basis. Inspection records per
NPDES standards shall be submitted on a monthly basis throughout the duration
of the IUP.
18. 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.
19. Hours of operation shall be limited to 7:00 a.m. to 5:00 p.m. during the summer
months (April 1 through November 1).
20. Sanitation facilities must be provided on site. Portable toilets shall be serviced
regularly and screened from visibility of neighboring properties.
21. Equipment on site shall be limited to what is necessary for stockpile operations,
including mobile dirt screener, mobile dirt conveyer, loading and hauling
equipment, and equipment needed for grading. Non-functioning equipment is
not allowed to be stored on site. All equipment shall be screened from public
view.
22. Vehicles entering and leaving the site shall adhere to the 9-ton road weight
restriction.
23. Owner to limit speed of trucks entering of leaving the site and along 215t Avenue
to 25 miles per hour.
24. Maximum noise emitted at the property line shall conform to the noise
regulations contained in City Code Section 901.03(4) and the owner shall not
violate other nuisance regulations contained in Chapter 901.
25. Owner shall submit to the City a monthly accounting of material hauled in to the
site and hauled off the site. This accounting of material hauled from the site
shall be in the form of a log of loads hauled out each day and documenting the
quantity of material in each load together with copies of truck load tickets
and/or bills of sale.
26. Owner to protect municipal utilities on site from damage. Sanitary sewer main
and water main are located in the drainage and utility easement on the property.
Repair cost shall be the responsibility of the Owner.
27. No fill may be placed in the delineated wetlands or in the FEMA floodplain on
the site. Stockpile shall not encroach within 50-ft of the delineated wetland
boundaries and the FEMA floodplain.
28. Owner will follow the applicable standards and requirements of the City of Lino
Lakes, Rice Creek Watershed District, Army Corp of Engineers, Minnesota
Pollution Control Agency, and any other agency having jurisdiction over the
property and shall secure and file with the City, copies of any permits required
by outside agencies. Owner will file with the City within ten (10) days of receipt,
copies of any permits and/or notice of enforcement actions by these agencies.
29. Owner will permit a City Inspector to view the premises during normal business
hours.
30. 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.
31. A Site Performance Agreement has been recorded.
These conditions are to be addressed prior to issuance of a grading permit.
Adopted by the Council of the City of Lino Lakes this 281h day of April, 2025.
ATTEST:
Roberta Colotti, CIVIC,
City Clerk
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Rob Rafferty, Mayor