HomeMy WebLinkAbout25-089 - Resolution - Phelps Stockpile - Interim Use Permit CITY OF LINO LAKES
RESOLUTION NO. 25-89
RESOLUTION APPROVING INTERIM USE PERMIT FOR EARTH MOVING AND
STOCKPILING AT THE PHELPS ROAD STOCKPILE /PIDS #24-31-22-42-0004\
WHEREAS, the City received a land use application for an interim use permit for
earth moving and stockpiling on property on Phelps Road and hereafter referred to as
"Development"; and
WHEREAS, the properties is zoned LI, Light Industrial, 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 asfollows:
The West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 24, Township 31,
Range 22, Anoka County, Minnesota EXCEPT the following described tract:
Beginning at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of said
Section 24; thence East along the South line thereof a distance of 660.97 feet, more or
less, to the East line of the West 1/2of said quo[ter-quarier; thence North along said
East line a distance of 265.87 feet; thence West a distance of 661.32 feet, more or less,
to a point in the West line of said quarter-quarter; thence South along said West line
distance of 363.38 feet to the point of beginning, according to the U.S. Government
5urveythereoF. �
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WHEREAS, City staff has completed a review of the land use application based on �
the plan set prepared by3tantec, dated December 15, 2022, and received by the City on �
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December l5, 2OIZ. �
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WHEREAS, a public hearing was held before the Planning & Zoning Board onJune �
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I1, 2O25, and the Board recommended approval of the interim use permit. �
NOW, THEREFORE BE [T 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 tobe consistent with the �
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policies and recommendations of the Lino Lakes Comprehensive Plan including:
a. Land Use Plan.
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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 and stockpiling is consistent with the Comprehensive
Plan. The grading plan and earth moving operation have been reviewed by City staff
and was submitted to the Rice Creek Watershed District (RCWD)for review. The
excavation and filling will not have a negative impact on 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 and stockpiling is compatible with present and future
land uses of the area. Present land use is vacant industrial and future land use is
industrial. 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 and stockpiling 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.
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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 frorn 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 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.
A traffic study was not completed due to the fact that the work only includes earth
moving and stockpiling for future site needs. Traffic generated by the earth moving
and stockpiling operations will not permanently change the traffic on Phelps Road or
the Otter Lake Service Road nor will it permanently impact the intersections with
Otter Lake Road at this time. A traffic study will be required when the site is
developed.
Phelps Road is a city street and was constructed to city standards from Otter Lake
Road to the eastern property line of the site. Phelps Road is a 9-ton design, but
during spring road restrictions, a 5-ton limit applies. The design of the Otter Lake
Service Road is unknown and should be restricted to 5-ton weight due to current
conditions of the road. 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.
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It is anticipated that the Otter Lake Service Road will need to be upgraded with
future development.
5. The proposed development shall be served with adequate and safe water supply,
The proposed earth moving and stockpiling does not require a water service as
proposed, Municipal water main is located along Phelps Road and con be extended
to the property should the applicant wish tn connect/n the future.
6. The proposed development shall be served with an adequate and safe sanitary
sewer system.
The proposed earth moving and stockpiling does not require service bysanitary
sewer. Municipal sanitary sewer is located along is located along Phelps Road and
con be extended to the property should the applicant wish to connect in the future.
7. The proposed development shall not result in the premature expenditures ofCity
funds on capital improvements necessary to accommodate the proposed
development.
The proposed earth movingl black dirt stockpile will not expend Cityfunds.
8. The proposed development will not involve uses, activities, processes, materials,
equipment and conditions nf 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 and stockpiling operation does not involve any activity �
handling orstoring flammable nr explosive materials. �
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 and stockpiling operation should not result in the
destruction, loss or damage of natural, scenic or historic features cis no known
OotunJ/ scenic or historic features exist in the area. The existing wetlands and
floodn/o/O will not be affected by the activities as currently proposed.
BE |TFURTHER RESOLVED by The City Council nf Lino Lakes in addition tothe
administrative requirements of an interim use permit, the following standards of
Section 1007.050, are being met, as outlined in the staff report dated June 11, 2025,
prepared for review for the Planning and Zoning Board of Lino Lakes:
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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 Phelps
Road (PID #24-31-22-42-0004) subject to the following conditions:
1. Fill stockpiles shall be limited to the areas identified in the plans prepared by
Stantec, dated December 15, 2022, and received by the City on December 15,
2022, and any revisions to the plans approved by the City.
2. Comments from the City Engineer letter dated January 4, 2023, shall be
addressed.
3. Comments from the City Environmental Coordinator letter dated January 4,
2023, shall be addressed.
4. The vehicles accessing or exiting the site shall not track sediment on Phelps Road
or Otter Lake Service Road. 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.
5. Fill stockpiles shall be at least 50-ft from the road easement and property lines.
6. The total fill stockpiles shall not exceed 210,000 square feet in area.
7. The northwestern stockpile shall have a maximum top elevation of 925, the
northeastern stockpile shall have a maximum top elevation of 924, and the
southern fill stockpile shall have a maximum top elevation of 922.
8. Maximum side slope of fill stockpiles to be 4:1.
9. Equipment on site shall be limited to what is necessary for earth moving and
filling operations, including loading and hauling equipment, and equipment
needed for grading. Non-functioning equipment is not allowed to be stored on
site.
10. Vehicles entering and leaving the site shall adhere to the road weight restrictions
for each roadway.
11. No fill may be placed in the delineated wetlands, the Natural Resource
Conservation Area, or the FEMA floodplain on the site.
12. 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, Minnesota Department of Natural Resources 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.
13. Owner will permit a City Inspector to view the premises during normal business
hours.
14. The Interim Use Permit shall only be valid for 5 years once approved by City
Council. All grading, stockpiling, and final turf establishment must be
substantially completed within 18 months. 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.
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15. A Site Performance Agreement shall be executed and recorded.
16. 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,
These conditions are to be addressed prior to issuance of a grading permit.
Adopted by the Council of the City of Lino Lakes this 23,d day of June, 2025.
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Rob Qerty, Mayor
ATTEST:
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Roberta Colotti, City Clerk
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