HomeMy WebLinkAbout04/14/2010 P&Z Packet• CITY OF LINO LAKES
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PLANNING & ZONING BOARD MEETING
Wednesday, April 14, 2010
6:30 p.m.
Council Chambers
(Scheduled to be televised on Ch. 16)
Please be courteous and turn off all electronic devices during the meeting.
AGENDA
I. CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES: March 10, 2010
IV. OPEN MIKE
V. ACTION ITEMS
A. PUBLIC HEARING to consider an Interim Use Permit for open and outdoor
storage as a principal use in the Light Industrial zone at 2209 Phelps Road — Jeff
Smyser
VI. DISCUSSION ITEMS
A. Accessory Structures
VII. ADJOURN
NOTE:
7:30 P.M Joint Planning & Zoning Board / City Council Meeting in Community Room
Meeting guidelines on reverse side.
City of Lino Lakes Planning & Zoning Board
MEETING GUIDELINES
Open Mike — The purpose of a Board Meeting is to accomplish the business of the city.
When presenting at a meeting please remember to be respectful, and follow these
guidelines:
• Please address the meeting chair.
• State your name and address for the record.
• Please observe a 4- minute limit.
• The topic must relate to city business.
• Open Mike is for items not on the agenda.
• A spokesperson must represent a group of five or more — groups will have 8 minutes.
• The Presiding Officer may limit duplicative presentations.
• Remember, the meeting is to discuss city business only.
Public Hearing - Held as a separate item of business on the agenda. The public hearing
segment is your opportunity to tell the Board how you feel about issues scheduled to be
heard. Typically, a hearing follows these steps:
• The Presiding Officer (Chair or Vice - Chair) will announce the proposal to be reviewed and
ask for the staff report. The presiding Officer shall maintain strict order and etiquette at all
meetings.
• Staff will present their report on the proposal.
• Board members will then ask City Staff questions about the proposal.
• The Presiding Officer will then open up the public hearing for anyone present who wishes to
comment on the proposal. This is the time for the public to make comments or ask questions
about the proposal.
Comments should be limited to four (4) minutes unless further time is granted by the
Presiding Officer. All comments should be directed to the Board as a body and not to any
individual Board Member or City Staff Member unless permission is granted by the Presiding
Officer. No person shall be permitted to enter into any discussion, either directly or through a
member of the Board without the permission of the Presiding Officer.
• After everyone in the audience wishing to speak has given his/her comments, the Presiding
Officer shall close the public hearing.
• The Board will then discuss the proposal. No further public comments are allowed.
• The Board will then make a recommendation(s) and/or a decision.
When you are called upon for your comments, please step to the microphone at the
podium and state your name and address for the record.
Occasionally, the Board may continue a hearing to another meeting before taking action.
Meeting Etiquette
The Planning & Zoning Board must preserve order and decorum while the meeting
is in session. A resident shall not, by conversation or otherwise, delay or interrupt
the proceedings or the business of the Board, nor disturb any resident or Board
Member while speaking or refuse to obey the orders of the Board.
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CITY OF LINO LAKES
PLANNING & ZONING BOARD MINUTES
DATE
TIME STARTED
TIME ENDED
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
: March 10, 2010
. 6:30 P.M.
. 7:25 P.M.
: Elizabeth Brady, Michael Hyden, Perry Laden,
Robert Nelson, Brian Pogalz (Vice Chair), Michael
Root, Paul Tralle (Chair)
None
: Jeff Smyser, Paul Bengtson
I. CALL TO ORDER AND ROLL CALL:
Chair Tralle called the Lino Lakes .Planning and Zoning
p.m. on March 10, 2010.
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II.
APROVAL OF AGENDA
The Agenda w. pprove
III. SWEARING IN OF RE
J
presented.
d meeting to order at 6:30
OINTED BOARD MEMBER
Mayor Jeff Reinert swore in reappointed board member Michael Hyden.
IV. ELECTION OF CHAIR AND VICE CHAIR
Board Members re- elected Paul Tralle as Chair and Brian Pogalz as Vice Chair.
V. APPROVAL OF MINUTES:
February 10, 2
Mr. Nelson made a MOTION to approve the February 10, 2010 Minutes. Motion was
supported by Mr. Pogalz. Motion carried 4 - 0. (Hyden & Brady abstained.)
• VI. OPEN MIKE
Chair Tralle declared Open Mike at 6:38 p.m.
DRAFT MINUTES
Planning & Zoning Board
March 10, 2010
Page 2
There was no one present for Open Mike.
Mr. Pogalz made a MOTION to close Open Mike at 6:39 p.m. Motion was supported by
Mr. Hyden. Motion carried 6 - 0.
VII. ACTION ITEMS
A. Variance to the maximum number and area of accessory structures to allow for
construction of a 42 x 88 ft. accessory structure to be located at 1288 Main St.
Associate Planner, Paul Bengtson, presented the staff report. Staff recommended denial
of the variance request based on the findings of fact.
Staff noted that fabric structures are allowed in the city within the guidelines of accessory
structures. Staff has historically treated temporary structures the same as permanent
structures.
Applicant Sandy Nordstrom and Ken Schienbein, 1288 Main Street, were available to
address the board. Mr. Schienbein described the materials of the proposed structure.
Board members questioned whether it would be legal for the city to approve the variance
if the findings of fact are not met.
The board pointed out that the issue of leased land poses a unique situation for this
request. Any result would set a precedent for future adjacent leased property.
Staff explained that a variance is recorded with the property and not the owner.
Ms. Nordstrom explained that one existing concrete building on her site is rented out for
storage and the other building is used for horse stalls. She pointed out that the 17 acre
site they lease is landlocked and not accessible by vehicles.
Mr. Nelson made a MOTION to recommend approval of a variance to the maximum
number and area of accessory structures to allow for construction of a 42 x 88 ft.
accessory structure to'be located at 1288 Main St.
Motion failed for lack of a second.
Mr. Pogalz made a MOTION to recommend denial of a variance to the maximum
number and area of accessory structures to allow for construction of a 42 x 88 ft.
accessory structure to be located at 1288 Main St. Motion was supported by Mr. Hyden.
Motion passed 5 -1. (Nelson)
B. PUBLIC HEARING to consider Amending the Planned Unit Development for
Legacy at Woods Edge to modify requirements for outdoor seating in the Lino
Lakes Town Center Design and Development Guide
DRAFT MINUTES
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Planning & Zoning Board
March 10, 2010
Page 3
City Planner, Jeff Smyser, presented the staff report. Staff recommended approval of the
PUD Amendment. Mr. Smyser pointed out that this is a follow -up to the recent zoning
ordinance amendment regarding outdoor dining /seating requirements.
Chair Tralle opened the Public Hearing at 7:14 p.m.
There was no one present to speak.
Mr. Pogalz made a MOTION to close the Public Hearing at 7:15 p.m. Motion was
supported by Mr. Hyden. Motion carried 6 - 0.
Mr. Laden made a MOTION to recommend approval of amending the Planned Unit
Development for Legacy at Woods Edge to modify requirements for outdoor seating in
the Lino Lakes Town Center Design and Development Guide. Motion was supported by
Ms. Brady. Motion carried 6 - 0. /%,,,
VIII. DISCUSSION ITEMS
A. Land Development Ordinance Update
Mr. Smyser provided an update of the progress that staff is making in regards to
ordinance amendments to accommodate the proposed comprehensive plan. Staff is
working with Bonestroo as part of a DNR to develop the future regulations.
IX. ADJOURNMENT
Mr. Nelson made a MOTTO to adjourn
by Ms. Brady ?otion carri 6 - 0.
Respectfully submitted,
Dawn Bugge
Commu.ty Development Assistant
meeting at 7:25 p.m. Motion was supported
DRAFT MINUTES
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AGENDA ITEM V A
STAFF ORIGINATOR: Jeff Smyser
P & Z MEETING DATE: April 14, 2010
TOPIC: PUBLIC HEARING: Interim Use Permit
Outdoor Storage in Light Industrial Zoning District
2209 Phelps Road
BACKGROUND
Demolition and construction businesses have operated in the Phelps Road area for decades. The
Light Industrial zoning district provides for open and outdoor storage as a conditional use and as
an interim use, depending on the situation. The documentation is spotty regarding just what
activities have been conducted on specific locations over time. This makes is difficult to
determine which approval is required by the zoning ordinance: a conditional use permit or an
interim use permit. Staff has determined that an interim use permit is the best option. This is
explained in this report.
Interim use permits are reviewed with the same submittal requirements, standards, and
procedures as a conditional use permit. This requires a public hearing by the P & Z Board and a
decision by the City Council.
Arnt Construction owns property on the south side of Phelps Road and has requested an interim
use permit to expand storage activities onto the north side of the road. The property on the north
side of Phelps Road is not owned by the Arnts. We are told they are negotiating to buy it from
the current owner. We have received a letter from the current owner supporting the application.
The interim use permit request is for the site on the north side of Phelps Road.
ANALYSIS
Arnt Construction has requested an interim use permit to allow storage activities on the north
side of Phelps Road. On its site south of the road, Arnt often has kept a stockpile of material that
either has been crushed or will be crushed. This also has included topsoil at times. The
company recently obtained a contract for demolition of the existing Main Street bridge over I-
35E. The new contract means more material must be stored and processed, and more storage
land is needed.
Storage of material north of Phelps Road has occurred in the past. Staff conducted extensive
research into minutes and permit files, but documentation does not prove conclusively that
outdoor storage has been ongoing without breaks. Without a proven nonconforming use status
(often referred to as being "grandfathered "), use of the site on the north of Phelps Road for open
Interim Use Permit
2209 Phelps Road
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and outdoor storage needs a new approval. The research and conclusions are described in this
report.
The site is guided Industrial and zoned Light Industrial. Land to the west, south, and east is
guided Industrial and zoned Light Industrial. Property abutting the north side is guided
Commercial and zoned General Business.
PHELPS ROAD
In the past, Phelps Road began at the old Otter Lake Road (abutting I -35E) and extended only
about 850 feet to the east. In fact, it was a driveway or private road until 1977 when Miller
granted a public road and utility easement to the City.
The Arnt family acquired a one -acre parcel at 2109 Phelps Rd. from Paul Miller in the 1970s.
The City's property file includes building permits issued to Arnt in 1978. An additional lot of
1.8 acres to the east was acquired from Miller by Arnt soon after. This lot has no separate
address, and the business has functioned across these properties, as well as onto the Miller
property to the east, for some time.
In 1988, Miller granted another easement which extended Phelps Road another 1320' east to the
location of what is now the new Otter Lake Road. However, the deed specified that this
easement was not to take effect until 2003 (fifteen years later). When the new Otter Lake Road
was constructed in the 1990s, Arnt actually constructed the Phelps Road extension to City street
standards, though it was a private road because the easement was not yet effective. Now that the
easement is in effect, Phelps Road is entirely a public road.
The land to the east of the two Arnt parcels actually is part of an 8 -acre parcel that lies both on
the north and south sides of Phelps Road. This lot, still owned by Miller, was physically divided
by the extension of Phelps Road, but never legally subdivided into two tax parcels. The area on
the south of Phelps Road has been used as part of Arnt's activities, while the land on the north of
the road has seen some changes in land use.
The proposed interim use permit would include provisions to block off the east end of Phelps
Road for limited periods of time to allow for a conveyor to cross the road and carry material
from the crushing machinery on the south side to the storage area on the north side.
ZONING AND PERMITS ON THE SITE(S): A HISTORY
• February 13, 1968: City Council notes contact with Acton Construction regarding
"purchasing property on the east side of the Village and rezoning of same."
• Feb. 21, 1968: City Council sets special meeting and hearing regarding "the request of
Acton Construction Co. to rezone their property near 35E & Main St. from residential -
farming to commercial."
• Feb. 26, 1968: Staff instructed to send letters to adjacent property owners about the hearing.
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2209 Phelps Road
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• March 11, 1968: Rezoning to Commercial approved. This includes the property currently
owned by Miller and Arnt between old and new Otter Lake Road and abutting Phelps Road.
• November 25, 1968: Building permit issued for 2209 Phelps Rd. for "60' x 120' for pole
bldg. office bldg. size - check plan". Presumably, this building permit is for two buildings.
• August 25, 1969: City Council discusses Miller purchase of land on west side of 35E and
development potential, including sewer service and a trailer park. Hearings set for
September 17 (P & Z) and September 22 (City Council).
• September 22, 1969: Hearing on rezoning at City Council. No specific plans presented,
waiting for sewer service. P & Z had wanted specific plans. "That was okay by Mr. Miller,
and the hearing was continued for up to six months." Miller thought he could have plans for
P & Z by next meeting. City Council hearing continued to October 27.
• November 24, 1969: City Council continues rezoning hearing to December 22.
• December 22, 1969: Hearing dates moved to January 21 (P & Z) and January 26 (City
Council).
• January 26, 1970: City Council public hearing discussion of rezoning of 80 acres on east of
35E, but not land on west of freeway. Rezoning to industrial approved. (Exact land included
not yet determined: have not yet found Ordinance 6P, which will include legal description of
land)
• January 31, 1978: Building permit issued for 40' x 126' pole barn at 2209 Phelps Rd.
• May 30, 1978: Building permit issued for 50' x 100' building on Arnt site.
• • September 19, 1979: Building permit issued for "parking lot" on 2209 Phelps Road.
• December 10, 1979: Building permit issued for 30' x 80' parking lot, 2190 Phelps Road.
• November 6, 1980: Building permit for 20' x 60' parking lot, 2190 Phelps Road.
• September 26, 1988: City Council approves site plan for 80' x 120' rock face block building
on Arnt site at 2190 Phelps Rd. A condition required removal of metal building within 7.5
years.
• September 27, 1988: Building permit issued for 80' x 120' building at 2190 Phelps Rd.
• June 24, 1996: City Council approves site plan for new 100' x 172' building of rock face
block to replace the old metal building at 2109 Phelps Road. A variance from the Phelps
Road setback also was granted.
• February 11, 1997: Building permit issued for 17,000 sf building at 2190 Phelps Rd.
• September 26, 1983: Conditional use permit granted for a cell phone tower on 2209 Phelps
Road.
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There also have been various plumbing and electrical permits for the buildings listed above.
ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR)
The site is within the area of the 2005 Alternative Urban Areawide Review (AUAR). The
AUAR is an environmental review of an area of 4664 acres in the east and northeast portion of
Lino Lakes. The AUAR provided a significant amount of planning and environmental
information, much of which was incorporated into the draft new comprehensive plan.
Development in the study area is exempt from requirements for additional environmental review
such as an Environmental Assessment Worksheet or an Environmental Impact Statement as long
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2209 Phelps Road
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as the development is consistent with the assumptions and mitigation plan of the AUAR. Each
development proposal is compared to the AUAR mitigation plan to ensure consistency.
The site on the north side of Phelps Road has no wildlife, wetlands, habitat, surface waters, or
other ecologically sensitive features. The site is not within an area of high archaeological
potential where cultural resources might be found. There is no unique farmland on the site. The
storage activity will not increase water use or wastewater production. Traffic will not exceed
what was assumed in traffic analyses to anticipate transportation impacts. The site is guided for
industrial use, so the proposed use is compatible with the comprehensive plan. The proposed
project has been compared to zoning requirements and permit conditions will ensure
compatibility.
Stormwater management is the primary issue from the perspective of potential environmental
impacts. The site has been impervious for some time, so the proposal will not alter the rate or
volume of runoff. (Even if unpaved, land that has been compacted by vehicles driving on it is
considered impervious for purposes of calculating runoff.) Water quality has been examined by
the City Engineer and that information is included in this report.
Water Quality
Existing ground elevations and a berm contain the runoff for most of the site. The southeast
corner of the site has an outlet pipe that leads to a drainage system on the east side of Otter Lake
Road. This outlet area must have a sediment collection area with stabilized vegetation. This
area must then be surrounded by silt fence or another barrier to protect it from excessive material
runoff.
ZONING ORDINANCES, ALLOWABLE USES
We have copies of previous zoning ordinances dated 1971, 1992, and 1997. The current
ordinance was a significant overhaul of the 1997 version, and was adopted in 2003. These were
reviewed for this application. No zoning districts at that time or since have listed outdoor
storage of construction material or debris as a permitted use. The 1992 ordinance includes the
following as a conditional use in the LI zone: "Open storage of materials and equipment when
fenced and screened relating to the principal use."
The 1997 ordinance includes, as a conditional use in the LI zone, "Open and outdoor storage as
an accessory use" provide it meets specific screening, fencing, surfacing, lighting, and parking
conditions. These conditions were amended and made more restrictive in 2000.
The 1971 ordinance includes "Land Reclamation and Land Grading ", defined as "the reclaiming
of land by depositing or moving material so as to alter the grade." Land reclamation was
allowed by conditional use permit in all districts. In addition: "Depositing a total of more than
fifty (50) cubic yards of material per acre, either by hauling in or regarding the area, shall
constitute land reclamation." This text remained in the 1992 ordinance.
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Similarly, the current zoning ordinance includes "Earth Moving and Land Reclamation ". This is
allowed in all districts except that a conditional use permit is required when 5,000 cy or more is
to be removed or deposited. The ordinance states that inclusion of this permit process in the
ordinance does not automatically imply entitlement to such a permit. We have no record of a
conditional use permit being issued to the site for Earth Moving and Land Reclamation.
Communication towers like the one on the north parcel are allowed with a conditional use permit
in the LI zone.
It is not entirely clear just what activity on the site was allowed under the City's zoning
ordinances over time. No zoning district allowed the storing of materials and equipment
outdoors except by conditional use permit. As noted, there was the possibility of a conditional
use permit, but there is no record of any being granted.
Floodplain
The site is within an unnumbered A zone on the floodplain map. This means it likely is within
the floodplain, but the exact 100 -year flood elevation has never been determined. We have
various documents that have assumed different flood elevations on the site and in the area. The
differences are two feet or even more. The Rice Creek Watershed District is working with Arnt
representatives. It is likely that they will come to agreement on how to address this issue. The
recommended condition of approval is that the City accept the Watershed District's solution to
the puzzle.
Nonconforming Use Issues
A nonconforming use is a use that lawfully occupied a building or land on the effective date of
the zoning ordinance but that currently does not conform to the use regulations. Regulations
change over time as a community evolves. What conformed to a city's zoning regulations at one
time might not later in time after the regulations are amended.
It is documented that Arnt operated beginning in the 1970s. The nature of the activity there has
not changed.
On the north side of the road, Acton Construction began on the site in 1968. However, the
businesses and uses on that site have changed. The files include building permits and sign
permits for Acton Construction, Mr. Miller's company. However, there has been a Bobcat
equipment business there in the interim. That is, it appears that the site use has not been
construction material storage the entire time. At least one other use operated there for more than
one year. Therefore, the nonconforming use status expired, in accordance with the zoning
ordinance both in the 1970s and the current ordinance. The relevant passages are highlighted
below. The point is that the concept and intent of the "nonconforming" status has been
recognized for many years in the City's zoning ordinances.
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• The current zoning ordinance includes the following, which is very similar to the 1997
ordinance. (Underlining is added as highlighting.)
SECTION 3. GENERAL PROVISIONS
Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to establish general
development performance standards. These standards are intended and designed to assure
compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health,
safety and general welfare of the residents of the community.
Subd. 2. Non - Conforming Uses and Structures.
A. Purpose. It is the purpose of this section to provide for the regulation of non - conforming
buildings, structures and uses and to specify those requirements, circumstances, and conditions
under which non - conforming buildings, structures and uses will be operated and maintained. The
Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location
of uses which are permitted in that district. It is necessary and consistent with the establishment of
these districts that non - conforming buildings, structures and uses not be permitted to continue without
restriction. Furthermore, it is the intent of this section that all non - conforming uses shall be eventually
brought into conformity.
B. Provisions.
1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time
of the adoption of an additional control under this chapter, may be continued, including through
repair, replacement, restoration, maintenance, or improvement, but not including expansion,
unless:
a. The nonconformity or occupancy is discontinued for a period of more than one year; or
b. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50
percent of its market value, and no building permit has been applied for within 180 days of
when the property is damaged. In this case, the City may impose reasonable conditions upon
a building permit in order to mitigate any newly created impact on adjacent property.
2. Any subsequent use or occupancy of the land or premises shall be a conforming use or
occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities
reasonable regulations to prevent and abate nuisances and to protect the public health, welfare,
or safety.
• The 1971 and 1992 zoning ordinance includes the following provisions (underlining added)::
Sec. 4, Subd. 3 Nonconforming Uses and Structures.
(1) Any structure or use lawfully existing upon the effective date of this
ordinance may be continued at the size and in a manner of operation
existing upon such date except as hereinafter specified.
(5) Whenever a lawful, nonconforming use of a building or structure or
land is discontinued for a period of one (1) year, any future use of
said building or structure or land shall be in conformity with the
provisions of this ordinance.
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(6) Any nonconforming use of open land, that is use of land without
buildings, lawfully existing upon the effective date of this ordinance
may be continued for a period of three (3) years after the effective
date of this ordinance, whereupon such nonconforming use shall cease.
(8) A lawful nonconforming use may be changed only to a use that decreases
its nonconformity.
Existing Use Conditional Use Permit Clause
It should be noted that there is a provision in the current ordinance (2003) that states the
following:
14. All uses existing as of July 14, 1997 that are included in the list of conditional uses for
the zoning district in which they are located shall be considered as having a conditional
use permit which contains conditions that permit the land use and structures as they
existed on said date. Any enlargement, structural alteration, or intensification of such
use shall require an amended conditional use permit as provided for above. (Sec. 2,
Subd. 2.B.14.)
"Open and outdoor storage as an accessory use" was originally in the 2003 ordinance as a
conditional use in the LI zone. (This has been amended since then to include strict restrictions
on outdoor storage.) "Earth Moving and Land Reclamation" involving over 5,000 cy is another
conditional use. An argument might be made that the site was used for such activities when the
ordinance was significantly amended in 2003. If true, the site could be considered to have a
CUP for the land use and structures as they existed, and expansion would require an amendment
to that CUP.
However, it is unclear just what activities were occurring at any particular date. An April 1997
aerial photo appears to show some material piled near the north side of Phelps Rd., with some
equipment elsewhere. An April 2001 aerial photo does not appear to show material stored north
of the road. Some equipment is seen near the buildings and parking area.
These photos are not conclusive, nor is any other information on file. We know that Acton
Construction was there and seems to have stored some material on part of the site at some point
in time. However, we cannot determine anything more conclusive. Because of this, staff does
not believe the City can conclude that material storage on the entire site north of Phelps Road
should be considered a pre- approved use.
INTERIM USE PERMIT
Because the record of uses on the property north of Phelps Road is not definitive regarding
specific activities, staff recommends that a new interim use permit is the most effective
mechanism for regulating the use. An interim use permit will establish the applicant's right to
use the site for outdoor storage and establish the parameters of the activity. Discussions with the
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2209 Phelps Road
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applicant led to this as well as some parameters, which are included as several of the
recommended conditions of approval. The interim use permit would effective for five years with
the possibility of extension by the City. The open and outdoor storage would include vehicles
and construction material. The east end of Phelps Road could be blocked off for limited periods
of time after discussions with the Police Department and Centennial Fire District prior to each
period. Access would remain open on the west end, at the old Otter Lake Road.
We note that access to the cell tower is a private matter between the tower owner and the
property owner leasing the site to the tower owner.
The zoning ordinance includes a category "interim use permits ". The purpose of an interim use
permit is as follows:
Subd. 3. Administration: Interim Use Permits.
A. Purpose and Intent. The purpose and intent of allowing interim uses is:
1. To allow a use for a brief period of time until a permanent location is obtained or while the
permanent location is under construction.
2. To allow a use that is presently judged acceptable by the City Council, but that with
anticipated development or redevelopment, will not be acceptable in the future or will be
replaced in the future by a permitted or conditional use allowed within the respective district.
3. To allow a use which is reflective of anticipated long range change to an area and which is in
compliance with the Comprehensive Plan provided that said use maintains harmony and
compatibility with surrounding uses and is in keeping with the architectural character and
design standards of existing uses and development.
Section 2, Subd. 3 of the ordinance includes general standards for all interim use permits. These
require compliance with the submittal requirements, standards and procedures for a conditional
use permit as well. In addition, there are specific standards listed with each individual interim
use in the zoning districts. The Light Industrial zoning district includes one interim use: open
and outdoor storage as a principal use. (This was added in October 1997 and retained in the
2002 update.)
The City should make findings on approvals or denials of interim use permits. The following
section of this report lists the standards and criteria that must be met and addresses them as
findings.
FINDINGS
Finding 1. Section 2, Subd. 3.0 of the zoning ordinance includes standards for all interim use
permits. The proposed interim use permit complies with these standards as follows:
C. General Standards. An interim use shall comply with the following:
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1. Existing Uses. Existing uses shall be in conformance with zoning and building standards in
effect at the time of initial construction and development, and may not be enlarged or
expanded except under the terms for newly established uses, and shall continue to be
governed by such regulations in the future.
2. New Uses.
a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this
Ordinance.
• The proposed interim use permit for outdoor storage complies with the
conditional use permit standards as discussed in Finding 2.
b. Conforms to the applicable performance standards of this Ordinance.
• Stormwater management, and traffic control are satisfactorily addressed by the
proposal. Screening exists along Otter Lake Road.
c. The use is allowed in an interim use in the respective zoning district.
• The Light Industrial zoning district includes one interim use at Sec. 8, Subd. 1.K.:
open and outdoor storage as a principal use
d. The date or event that will terminate the use can be identified with certainty.
• The interim use permit will expire in five (5) years, with the possibility of
extension by the City Council.
e. The use will not impose additional costs on the public if it is necessary for the public to take
the property in the future.
• No additional costs will be borne by the public.
f. The user agrees to any conditions that the City Council deem appropriate for permission of
the use.
• The applicant will be bound by the conditions approved by the City Council. The
City Council has the option of denying the request.
Finding 2. The general standard for interim use permits in Sect. 2, Subd. 3.C.2.a. incorporates
the general standards for all conditional use permits as listed in Section 2, Subd. 2.
The proposed interim use permit complies with these standards as follows:
Subd. 2. Administration: Conditional Use Permits.
B. Procedure.
7. Standards. 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:
a. The proposed development application has been found to be consistent with the policies and
recommendations of the Lino Lakes Comprehensive Plan including:
1) Land Use Plan.
2) Transportation Plan.
3) Utility (Sewer and Water) Plans.
4) Local Water Management Plan.
5) Capital Improvement Plan.
Interim Use Permit
2209 Phelps Road
page 10
6) Policy Plan.
7) Natural Environment Plan.
• The site is guided and zoned for industrial use. Traffic will not exceed what was
assumed in traffic analyses to anticipate transportation impacts. The proposed
activity will not increase demands on utilities. Stormwater will be managed
according to City standards. No City capital improvements are needed. No
natural features will be affected.
b. The proposed development application is compatible with present and future and uses of the
area.
• The site is guided and zoned for industrial use.
c. The proposed development application conforms to performance standards herein and other
applicable City Codes.
Stormwater management, and traffic control are satisfactorily addressed by the
proposal. Screening exists along Otter Lake Road.
d. Traffic generated by a proposed development application is within the capabilities of the City
when level of service (LOS) requirements are met, roads have the structural capacity to
accommodate projected traffic, and traffic generated will not require City street
improvements.
• Traffic will not exceed what was assumed in previous traffic analyses to
anticipate transportation impacts.
8) The City does not relinquish any rights of local determination.
• No such rights are affected.
9) The proposed development shall be served with adequate and safe water supply.
10) The proposed development shall be served with an adequate and safe sanitary sewer
system.
• The site is connected to municipal water and sanitary sewer.
11) The proposed development shall not result in the premature expenditures of City funds
on capital improvements necessary to accommodate the proposed development.
• No City capital improvements are needed.
e. 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.
• Similar activities and uses have occurred in the vicinity over time. There are no
nearby residences. Adherence to the conditions of approval and City
requirements will avoid negative impacts on others.
•
•
•
Interim Use Permit
2209 Phelps Road
page 11
f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of
major importance.
The site on the north side of Phelps Road has no wildlife, wetlands, habitat,
surface waters, or other ecologically sensitive features. The site is not within an
area of high archaeological potential where cultural resources might be found.
Finding 3. Section 8, Subd. 1.K. of the zoning ordinance includes one interim use in the Light
Industrial zoning district: open and outdoor storage as a principal use. The
proposed interim use permit complies with these specific standards as follows:
Open and outdoor storage as a principal use provided that:
a. A minimum setback of seventy -five (75) feet is provided along abutting residentially zoned
properties.
• There are no residential zones or properties abutting the site.
b. The setback shall include a buffer yard not less than twenty (20) feet in width provided along
residentially zoned properties in compliance with Section 3, Subd. 4.Q of this Ordinance.
• There are no residential zones or properties abutting the site.
c. All storage is screened from view of neighboring uses and public rights -of -way via a fence or
green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this
Ordinance.
• Screening exists along Otter Lake Road in the form of a berm three to four feet
high and some tree plantings.
d. The storage area does not take up parking space or loading space as required for conformity to
this Ordinance.
• The proposed storage area will not take up required parking or loading space.
e. All lighting be in compliance with Section 3, Subd. 4.F of this Ordinance.
• No additional lighting is proposed
f. The storage area is fenced and secured in an appropriate manner.
• The site currently is fenced.
g. The storage area is surfaced in a wear- resistant material determined by the City Engineer to be
suitable to control dust and drainage.
• The City Engineer's recommendations on the surface and drainage control will be
• conditions of the interim use permit.
Interim Use Permit
2209 Phelps Road
page 12
h. All parking, loading and truck staging activities shall occur on site. On- street parking and loading
associated with the use is prohibited.
• No on- street parking is required.
i. Noises emanating from the use are in compliance with and regulated by the State of Minnesota
Pollution Control Standards, Minnesota Regulations MPCA 7030, as amended and City Code.
• Noise is not anticipated to exceed current levels.
The use is terminated upon a specified date or the happening of an event as determined by the
City.
• The interim use permit will be effective for five (5) years after the date of
approval with the possibility of extension at the discretion of the City Council.
Finding 4. The proposed interim use permit has been compared to and found to be consistent
with the mitigation plan of the I -35E Corridor Alternative Urban Areawide Review.
Conditions of Approval
1. This interim use permit is issued to and applies only to the property at 2209 Phelps Road,
PID 243122420012, and only that part of the property that is north of Phelps Road. This
interim use permit is issued to the property.
2. This interim use permit is for open and outdoor storage of vehicles and construction
materials.
3. This interim use permit is effective for five (5) years from the date of approval by the City
Council. It shall be reviewed at that time. The City Council can extend it at the Council's
discretion. Without such extension the permit shall expire.
4. The east end of Phelps Road may be blocked to allow for transfer of material to the north
side of the road from the south side by conveyor or other means.
a. Any such blocking of the road shall require notice to the Lino Lakes Police Department
and the Centennial Fire District at least seven calendar days prior to the desired blocking
period. It shall also require consultation with the Police Department and Fire District and
an agreement or plan for managing emergency access and other issues related to the
blockage. The west end of Phelps Road shall not be blocked during the same period.
b. The Police Department shall monitor the situation during any period of such blocking and
shall have the authority to convene a meeting to address any problems that have arisen.
The agreement or plan for managing access and other issues shall be revised as
recommended by the Chief of Police or his representative.
•
•
•
•
Interim Use Permit
2209 Phelps Road
page 13
c. Blocking of the end of Phelps Road may occur more than once a year but shall not occur
for a total of more than eight (8) weeks of any calendar year.
d. Appropriate signage notifying the public of the blocking of the road shall be determined
and any cost of such signage is the responsibility of the property owner.
5. Prior to commencing storage activity authorized by this interim use permit, a permit or
approval must be obtained from the Rice Creek Watershed District. Any conditions or
requirements of the Watershed District approval are included by reference as conditions of
this interim use permit.
6. The repair of any damage to public roads caused by activity authorized by this interim use
permit shall be the responsibility of the property owner. An enforceable agreement or
commitment shall be submitted and kept on file. Activity authorized by this interim use
permit shall not commence until such a commitment is submitted and approved by the City
Attorney.
7. Stormwater management measures must be implemented to the satisfaction of the City
Engineer before and during activities authorized by this interim use permit.
8. This interim use permit shall be recorded against the property.
OPTIONS
1. Recommend approval of the interim use permit with the listed conditions, based on the
findings in this report.
2. Recommend denial of the interim use permit.
3. Return to staff with direction.
RECOMMENDATION
Option 1
Site Location
•
•
site
•
•
•
•
Proposed Land Use Plan
2002 Comprehensive Plan
COMMERCIAL
COMMERCIAL
site
INDUSTRIAL
LOW DENSITY RESIDENTIAL
Zoning Map
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MILLSR
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Ar t Construction Company, Inc.
Interim Use Narrative
2209 Phelps Road
March 19, 2010
Owner: Paul K. Miller
1100 Jardin Drive
Naples, FL 34104
Buyer: Amt Investments
2190 Phelps Road
Hugo, MN 55038
Area of Interini Use: - 736 Acres North of Phelps Road
Buildings:
The site has an office and attached maintenance shop, two metal storage buildings
constructed in 1969, a cell tower and new equipment building. The office is being used
by Mn/DOT for the County Road 14 Bridge Project. The maintenance shop and storage
buildings are being used by Amt Construction Co., Inc.
Site Drainage:
The contour map grading plan denotes the present and proposed drainage patterns. We
intend to install a sand filter upstream of the apron on the southeast corner of the
property.
Operation:
The fenced in storage yard will be used to park equipment, stockpile fieldstone, riprap,
salvage cut stone, recycled class 6 gravel, #2 keystone, granular borrow, storm sewer,
waterrnain and sanitary sewer appurtenances, and occasionally topsoil. The material will
be hauled out via Anoka County Road 84 (Otter Lake Road).
Normally all rubble and recycled class 6 will be stockpiled south of Phelps Road. We
receive rubble at 2190 Phelps Road from our projects, Moline Concrete, Anoka County,
City of Lino Lakes, City of Centerville, City of Hugo and the residences in the area
We operate on a 24-hour basis in order to comply with certain contracts with IvInIDOT
and various Minnesota counties.
•
•
•
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RECEIVED
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CITY OF LINO LAKES
GRAPHIC SCALE
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intend essay armee/dm
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DESCRIPTION
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