HomeMy WebLinkAbout2010-016 Council ResolutionCouncil Member o' Donnell::. introduced the following
resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 10 -16
RESOLUTION APPROVING CONDITIONAL USE PERMIT, TO ALLOW THE
PLACEMENT OF GREATER THAN 1,000 CUBIC YARDS OF FILL IN THE
FLOODPLAIN AT THE CHOMONIX GOLF COURSE, ANOKA COUNTY
PARKS
WHEREAS, Anoka County Parks has submitted a request to the City to grant a
conditional use permit to allow the placement of greater than 1,000 cubic yards of
fill in the floodplain and,
WHEREAS, the property is at the Chomonix Golf Course within the Anoka
County Chain of Lakes Regional Park and,
WHEREAS, the City's review is based on the site plan received January 6, 2010
and,
WHEREAS, the Planning and Zoning Board held a public hearing on the
application on February 10, 2010 and recommended approval and,
WHEREAS, the City Council of the City of Lino Lakes finds that, with the
conditions of approval included in this resolution, the following findings of fact
apply as required by the following:
City Code sections § 1103.04 ADMINISTRATION. (8), § 1103.07 STANDARDS
FOR FLOOD PLAIN OVERLAY DISTRICT USES., and § 1103.06 FLOOD
PLAIN OVERLAY DISTRICT USES.
Zoning Ordinance Sections
Section 2 Subdivision 2.B.7 and Section 3 Subdivision 12. Earth Moving and
Land Reclamation.
Shoreland Ordinace Section
1102.09 Shoreland Alterations
§ 1103.04 ADMINISTRATION. (8)
(e) Basis of decision. In passing upon conditional use applications, the
City Council shall consider all relevant factors specified in other sections of this
chapter and:
• 1. The danger to life and property due to increased flood heights or
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velocities caused by encroachments;
The bridge construction consists of adequate floodplain mitigation
for the encroachment on the flood plain.
2. The danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridges, culverts or other
hydraulic structures;
Some floodplain areas will be filled during bridge construction. An
adequate mitigation area has been designed to replace the flood
plain areas filled for construction. Outside of the areas proposed to
be fill as shown on the attached plans the construction
specifications require the contractor to ensure that debris and
materials will not be placed in any adjacent waters or wetlands.
3. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination, and unsanitary
conditions;
No water supply or sanitation systems will be constructed with this
project.
4. The susceptibility of the proposed facility and its contents to flood
damage and the effect of the damage on the individual owner;
The bridge deck is proposed to be constructed approximately one
foot above the 100 year floodplain elevation off 886.1. The portions
of the structure below the 100 year flood elevation will be under
water during a flood event. Bank stabilization and erosion control
measures will be installed to aid in the protection of the bridge from
flood damage.
5. The importance of the services provided by the proposed facility
to the community;
The bridges allow customers of the Chomonix Golf Course to access
the northern holes.
6. The requirement of the facility for a waterfront location;
The Chomonix Golf Course was built around Rice Creek about 25
years ago to utilize the natural features as part of the golf course
design.
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the proposed 7.
use; The availability of alternative locations not subject to flooding for
Rice Creek bisects the golf course and the 100 year floodplain
follows Rice Creek causing the golf course to either be surrounded
by or within the 100 year floodplain. This makes alternative locations
not feasible.
8. The compatibility of the proposed use with the existing
development and development anticipated in the foreseeable future;
The replacement of existing pedestrian bridges is compatible with
the existing County Park Golf Course.
9. The relationship of the proposed use to the comprehensive plan
and the Lino Lakes local water management plan;
The bridges are being constructed in a County Park.
10. The safety of access to the property in times of flood for ordinary
and emergency vehicles;
The majority of the golf course has an elevation below the 100 year
flood elevation. Making the golf course inaccessible during 100 year
and other minor flood events.
11. The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site; and
The bridge construction consists of adequate floodplain mitigation
for the encroachment on the flood plain.
12. Any other factors which are relevant to the purpose of this
chapter.
No other factors need to be addressed.
§ 1103.06 FLOOD PLAIN OVERLAY DISTRICT USES.
(2) Conditional uses. The following use and structures may be permitted in
the Flood Plain Overlay District only after the issuance of a conditional use
permit, as provided for in § 1103.04(8) of this chapter. These uses shall be
• permitted within the Flood Plain Overlay District to the extent that they are
allowed in the underlying base zoning district, they are not prohibited by any
other ordinance, and they comply with the provisions of § 1103.07, which applies
to all Flood Plain Overlay District conditional uses.
(a) Principal residential, commercial, and industrial structures.
(b) Accessory structures.
(c) Placement of fill. Cumulative placement of fill in excess of 1,000
cubic yards or in excess of requirements outlined in § 1007.051 of the City's
Zoning Chapter, whichever is Tess.
(d) Railroads, streets, bridges, utility transmission lines and pipelines.
(e) Extraction and storage of sand, gravel and other materials.
§ 1103.07 STANDARDS FOR FLOOD PLAIN OVERLAY DISTRICT USES.
(1) All uses.
(a) No structure (temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment or other uses
may be allowed as a conditional use which, acting alone or in combination with
existing or reasonably anticipated future uses, adversely affects the capacity of
the flood plain or increases flood heights subject to the provisions of §
1103.06(2)(c).
(b) All conditional uses shall be subject to the standards contained in §
1103.06(2) and the following standards in (2) and (8) below.
(5) Fill.
(a) Any fill deposited in the Flood Plain Overlay District shall be no more
than the minimum amount necessary to conduct a conditional use listed in §
1103.07(2).
(c) Fill shall be protected from erosion by vegetative cover. An erosion
and sedimentation plan shall be required for any fill in excess of 1,000 cubic
yards.
(8) Public transportation facilities.
(a) Railroad tracks, roads and bridges to be located within the Flood
Plain Overlay District shall comply with division (1) above.
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(b) Elevation to the regulatory flood protection elevation shall be
provided where failure or interruption of public transportation facilities would
result in danger to the public health or safety or where the facilities are essential
to the orderly functioning of the area.
These are general criteria that apply for all Conditional Use Permits that apply to
Earth Moving and Land Reclamation.
Section 2
Subdivision 2.B.7
The zoning ordinance lists the general criteria that apply to all Conditional Use
Permits. The Planning and Zoning Board shall recommend a conditional use
permit and the City Council shall order the issuance of such permit only if it finds
the following criteria have been met.
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.
6) Policy Plan.
7) Natural Environment Plan.
The bridge construction consists of the replacement of existing
bridges in the Anoka County Park — Chomonix Golf Course and is
consistent with the above policies and recommendations.
b. The proposed development application is compatible with present and future
land uses of the area.
The bridge construction project is taking place in an area of County
Park existing landuse and zoning.
c. The proposed development application conforms to performance standards
herein and other applicable City Codes.
The bridge construction project meets standards and city codes as
list in the Specific CUP Conditions.
• d. Traffic generated by a proposed development application is within the
capabilities of the City when:
5) 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.
The bridge construction project access routes have adequate
structural capacity for the project truckload estimate and any
damages to City streets will be corrected by the County /Contractor.
9) The proposed development shall be served with adequate and safe
water supply.
The bridge construction project does not propose to construct any
structures that require drinking water.
10) The proposed development shall be served with an adequate and safe
sanitary sewer system.
The bridge construction project does not propose to construct any
structures that require 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.
The bridge construction project does not require any capital
improvements to City infrastructure and therefore no City funds are
required.
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.
Lino Lakes Zoning Ordinance Administration
Amended per Ord. No. 05 -09 2 -7
The bridge construction project is located at a remote site and the
County /Contractor will ensure adequate safety procedures along the
haul routes. The contractor will obey posted speed limits, maintain
access to the police garage, City Hall and any adjacent residences or
businesses along the haul routes.
• Haul times and dates will be coordinated between City and County
staff, the Police Department, and the contractor to ensure access to
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the police garage. Equipment for the project will also be hauled in
through the two proposed access routes.
f. Will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance.
The bridge construction project is located at a remote site and the
County /Contractor will ensure adequate safety procedures along the
haul routes. All work will take place within City, County and State
Right -of -Way along with Anoka County Park Land.
1102.10 Shoreland Alterations
Subd. 2. Topographic Alterations /Grading and Filling
A. Grading, filling and excavations necessary for the construction of
structures, sewage, treatment systems, driveways and other uses permitted in
the underlying zoning district under validly issued construction permits for these
facilities do not require the issuance of a separate grading and filling permit.
However, the grading and filling standards in this section must be incorporated
into the issuance of permits for construction of structures, sewage treatment
systems and driveways.
B. Public roads and parking areas are regulated by section 1102.09,
Subd. 3 of this ordinance.
C. Not withstanding items A. and B. above, a grading and filling permit, in
accordance with Section 4, Subd. 33 of the City Zoning Ordinance, will be
required for:
1. the movement of more than 10 (10) cubic yards of material on
steep slopes or within the shore impact zone; and
2. the movement of more than 50 cubic yards of material per acre.
SECTION 3
Subd. 12. Earth Moving and Land Reclamation.
(3) Application.
(a) The application for the permit shall be made in writing to the
city engineer in a form as the city engineer may designate, shall include
information as may be required by the city engineer and shall contain among
other things a map or plat of the proposed excavation or fill area showing the
confines or limits thereof together with the existing elevations and proposed
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finished elevations based on sea level readings. The plan shall also include all
wetlands, drainageways, tree inventory and preservation plan, erosion control
measures, final restoration improvements, and other features as required by the
city.
See attached plans.
(b) Each application shall be filed with the city engineer.
(c) Each application for permit shall be accompanied by a fee,
the amount of which shall be determined by the City Council.
(4) Conditions. The city engineer or City Council, as a prerequisite to
the granting of a permit, may require the applicant or the owner of the premises
to incorporate and attach any conditions or restrictions that it deems necessary
for the preservation of health, welfare, and safety of the citizens:
(a) Properly fence any pit or excavation and barricade entrances
to prevent the general public from depositing garbage or refuse;
Access to the site is limited and silt fence will be installed.
(b) Slope the banks and otherwise guard and keep any pit or
excavation in a condition as not to be dangerous because of sliding or caving
banks;
Slope maximums will be set at 3:1 (3 feet of horizontal for every 1
foot of vertical drop).
(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;
Final grading, seeding and landscaping will level of the excavation.
(d) Limit the depth of the 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;
Excavation of the flood plain mitigation area will reach an elevation
of 883 5 feet above the normal water level and 3 feet below the 100
year flood level.
(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;
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Anoka County and the contractor will ensure clean fill is hauled in
and placed in all areas with fill being placed.
(f) Require that all decomposable material, or other unsuitable
foundation material, be removed from an area before deposition of fill begins;
Construction specifications require the contractor to properly
dispose of any unsuitable material and show proof of that disposal.
(g) Prepare a site plan showing existing and proposed grade
elevations and effect of storm water drainage on adjacent areas;
See attached plans.
(h) Specify a time when the excavation or land reclamation
project shall be completed;
Substantial completion date is March 31, 2010 and the final
completion date for erosion control and landscaping activities is July
1, 2010.
(i) Place a minimum of 4 inches of top soil over the completed
project and establish appropriate ground cover within 60 days of completion, or in
a time period consistent with the city's stormwater management and pollution
prevention plan;
Construction specifications require the contractor to place 6 inches
of topsoil in the excavation areas. The erosion control plans require
that seeding and landscaping takes place as soon as spring
conditions permit.
(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;
Anoka County will provide inspection of the project.
(k) Implement the tree preservation plan;
The plans propose clearing and grubbing within the construction
limits totally to about 13 trees consisting of Ash, Boxelder,
Cottonwood, Poplar and Willow species. No trees are proposed to
be replaced in the bridge area.
• (I) In addition to a conditional use permit, the city engineer may
determine that permits in excess of 25,000 cubic yards require the applicant to
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conduct a neighborhood meeting and to notify affected property owners within
1/4 mile;
Approximately 1,150 cubic yards are proposed to be excavated.
(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 the cost to be determined by
the Council; and conditioned further to comply with all the requirements of this
chapter 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; and
A letter dated February 1, 2010 stipulating that Anoka County is
responsible for any damages to City Property.
(n) Other conditions deemed appropriate to the application by
the permitting authority.
Working Hours Monday thru Friday 7:00 AM to 7 :00 PM and Saturday
from 9:00 AM to 5:00 PM with no work on Sundays or holidays.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council
approves a conditional use permit to allow the placement of greater than 1,000
cubic yards of fill at the Chomonix Golf Course, Anoka County Parks.
BE IT FURTHER RESOLVED THAT the following conditions apply:
Staff recommends approval of the conditional use permit subject to the following
conditions:
1. A grading permit must be obtained prior to demolition of existing bridges
and construction of the new bridge abutments. The following conditions of
the grading permit must also be met prior to commencing work.
Haul routes must be approved by the Lino Lakes Public Services and
Police Departments.
A copy of the Rice Creek Watershed District, Department of Natural
Resources and Army Corp of Engineers must be provided to the City
prior to commencing work.
The grading permit is limited to bridge removal and construction of
abutments until the City Council approves the Conditional Use Permit.
Hours of Operation for this use shall be limited to Monday thru Friday
7:00 AM to 7:00 PM and Saturday from 9:00 AM to 5:00 PM with no
work on Sundays or holidays.
2. The Conditional Use Permit must be obtained prior to the hauling of fill,
floodplain mitigation and bridge construction.
3. The comments made by the City Engineer shall be addressed prior to the
City Council consideration of this request.
4. Hours of Operation for this use shall be limited to Monday thru Friday 7:00
AM to 7:00 PM and Saturday from 9:00 AM to 5:00 PM with no work on
Sundays or holidays or as agreed upon by Public Services /Safety.
5. Permits must be obtained from the Department of Natural Resources,
Rice Creek Watershed District and Army Corp of Engineers. Prior to
commencement of work.
6. Coordinate all construction activities with the City Staff, City Police
Department, County Sheriff and County Park Officials.
7. Anoka County will continue to provide escrow dollars to cover Lino Lakes
incurred expenses.
8. Provide an as -built record drawing upon completion.
u is ► ne Bartell, Cit Cler
Jeff Rein: rt ayor
Adopted by the Lino Lakes City Council this 22nd day of February, 2010.
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member Boespr and upon vote being taken
thereon, the following voted in favor thereof:
O'Donnell, Roeser, Rafferty, Gallup, Reinert
The following voted against same:
WhWelepon said resolution was declared duly passed and adopted.
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AGENDA ITEM 6A
STAFF ORIGINATOR: James E. Studenski, City Engineer
COUNCIL MEETING DATE: February 22, 2010
TOPIC: PUBLIC HEARING
Conditional Use Permit
To allow the placement of greater than 1,000 cubic
yards of fill in the floodplain at the Chomonix Golf
Course, Anoka County Parks
Resolution No. 10 -16, Approving Conditional Use
Permit, to allow the placement of greater than 1,000
cubic yards of fill in the floodplain at the Chomonix
Golf Course, Anoka County Parks
Vote Required: Simple Majority
BACKGROUND
Anoka County owns and operates the Chomonix Golf Course within the Anoka
County Chain of Lakes Park. Rice Creek crosses Chomonix Golf Course which
required the construction of two pedestrian bridges about 25 years ago to access
the holes north of Rice Creek. In August 2009, Anoka County inspected the two
pedestrian bridges and found structural deficiencies. After completing some
temporary stabilization, the County decided to replace both bridges because of
their structural deficiencies. A plan set is attached.
The bridges will be replaced this winter due to the golf season, wet conditions at
the golf course and minimal impact that winter construction will have on the
greens. Wetland and floodplain mitigation will occur as part of the project.
Wetland mitigation will occur by utilizing wetland bank credits from the Chomonix
Wetland Bank. The flood plain mitigation area will take place to the east of the
northeast bridge. Construction documents have been prepared and submitted to
the City for review.
It is estimated that approximately 1,150 cubic yards of material will be hauled in
and out of the park equaling about 120 truck Toads. Two access routes are
proposed. The south access is from Lake Drive along Aqua Lane. An alternative
to the south access route has been proposed by Anoka County and the
contractor, which takes truckloads down Aqua Lane from Lake Drive past the
Chomonix Clubhouse onto Sandpiper Drive to West Shadow Lake Drive and
onto the golf course near the barn that sits on the end of West Shadow Lake
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Drive. The alternative hauling route will be coordinated through Public Services,
the Police Department and residents to ensure safety adherence to hauling
requirements. The north access is from Lake Drive down Town Center Parkway
to the south of City Hall past the police garage and down the park trails to the
golf course. The County is proposing to haul 65 to 70 truckloads through the
north access and the remaining 50 to 55 through the south. The County will
require the hauling contractors to follow posted speed limits. Haul times and
dates will be coordinated between City / County staff, the Police Department, and
the contractor to ensure access to the police garage. Public Services and the
Police Department will also monitor these hauls routes to ensure safety and
monitor street conditions.
The substantial completion date for the bridge construction project is March 31,
2010. The final completion date for restoration is July 1, 2010.
Section 1103.06 (2) of the City Code requires issuance of a conditional use
permit for placement of fill in excess of 1,000 cubic yards in the floodplain overlay
district.
ANALYSIS
Land Use and Zoning:
The zoning is public / semi - public at the bridge construction site and to the north,
east, west, and south of the site. The 2002 Comprehensive Plan guides the
landuse public / semi - public. The proposed new comprehensive plan guides the
landuse park / open space. The closest residential property to the construction
site is over 1,100 feet away from the project site.
Bridge Construction:
The bridge construction will consist of the following activities:
- The two existing bridges will be demolished with the existing bridge
piers being removed to 2 feet below the existing stream bed.
The contractor will excavate areas designated for flood plain
compensation.
Unsuitable soils from under the trails and around the bridge abutments
will be removed and used for embankments or hauled out.
- The site will be dewatered and the concrete bridge abutment and
foundation system will then be placed.
A steel truss bridge will then be placed on the abutments and set into
final position.
The irrigation system removed for construction including the pipes
suspended from the bridge will then be reconstructed.
Construction of replacement bridges at Chomonix Golf Course
Page 2 of 13
Landscape, Screening:
The bridge construction site is located within the Anoka County Chomonix Golf
Course away from any residences or businesses. Landscaping and turf at the
construction site will be replaced in the spring as soon as conditions permit.
Stormwater Management:
The contractor will prevent erosion and debris from entering adjacent waters and
wetlands. Silt fence, erosion control blanket, rip rap and mulch will be used to
stabilize the site and will remain in place until final stabilization has been
obtained.
Right of Way:
All construction work and hauling activities will take place within State, County
and City Right of Way and within County Park land.
Access and Circulation:
It is estimated that approximately 1,150 cubic yards of material will be hauled in
and out of the park equaling about 120 truck loads. Two access routes are
proposed. The south access is from Lake Drive along Aqua Lane. An alternative
to the south access route has been proposed by Anoka County and the
contractor, which takes truckloads down Aqua Lane from Lake Drive past the
Chomonix Clubhouse onto Sandpiper Drive to West Shadow Lake Drive and
onto the golf course near the barn that sits on the end of West Shadow Lake
Drive. The alternative hauling route will be coordinated through Public Services,
the Police Department and residents to ensure safety adherence to hauling
requirements. The north access is from Lake Drive down Town Center Parkway
to the south of City Hall past the police garage and down the park trails to the
golf course. The County is proposing to haul 65 to 70 truckloads through the
north access and the remaining 50 to 55 through the south. The County will
require the hauling contractors to follow posted speed limits. Haul times and
dates will be coordinated between City / County staff, the Police Department, and
the contractor to ensure access to the police garage. Public Services and the
Police Department will also monitor these hauls routes to ensure safety and
monitor street conditions. Equipment and materials for the project will also be
hauled in through the two proposed access routes.
Trail:
All cart paths leading to the two bridges to be replaced will be restored to original
condition after bridge construction.
Construction of replacement bridges at Chomonix Golf Course
Page 3 of 13
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Permits:
Permits, applications and conditional approvals for the bridge replacement
project have been received from the following:
- Rice Creek Watershed District - Conditional Approval Pending Receipt
of Changes (CAPROC) dated January 27, 2010.
Department of Natural Resources - Water Permit Application.
- Army Corp of Engineers - letter dated January 20, 2010 granting a
permit for the project until August 2011.
§ 1103.04 ADMINISTRATION. (8)
(e) Basis of decision. In passing upon conditional use applications, the
City Council shall consider all relevant factors specified in other sections of this
chapter and:
1. The danger to life and property due to increased flood heights or
velocities caused by encroachments;
The bridge construction consists of adequate floodplain mitigation
for the encroachment on the flood plain.
2. The danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridges, culverts or other
hydraulic structures;
Some floodplain areas will be filled during bridge construction. An
adequate mitigation area has been designed to replace the flood
plain areas filled for construction. Outside of the areas proposed to
be fill as shown on the attached plans the construction
specifications require the contractor to ensure that debris and
materials will not be placed in any adjacent waters or wetlands.
3. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination, and unsanitary
conditions;
No water supply or sanitation systems will be constructed with this
project.
4. The susceptibility of the proposed facility and its contents to flood
damage and the effect of the damage on the individual owner;
The bridge deck is proposed to be constructed approximately one
foot above the 100 year floodplain elevation off 886.1. The portions
of the structure below the 100 year flood elevation will be under
Construction of replacement bridges at Chomonix Golf Course
Page 4 of 13
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water during a flood event. Bank stabilization and erosion control
measures will be installed to aid in the protection of the bridge from
flood damage.
5. The importance of the services provided by the proposed facility
to the community;
The bridges allow customers of the Chomonix Golf Course to access
the northern holes.
6. The requirement of the facility for a waterfront location;
The Chomonix Golf Course was built around Rice Creek about 25
years ago to utilize the natural features as part of the golf course
design.
7. The availability of alternative locations not subject to flooding for
the proposed use;
Rice Creek bisects the golf course and the 100 year floodplain
follows Rice Creek causing the golf course to either be surrounded
by or within the 100 year floodplain. This makes alternative locations
not feasible.
8. The compatibility of the proposed use with the existing
development and development anticipated in the foreseeable future;
The replacement of existing pedestrian bridges is compatible with
the existing County Park Golf Course.
9. The relationship of the proposed use to the comprehensive plan
and the Lino Lakes local water management plan;
The bridges are being constructed in a County Park.
10. The safety of access to the property in times of flood for ordinary
and emergency vehicles;
The majority of the golf course has an elevation below the 100 year
flood elevation. Making the golf course inaccessible during 100 year
and other minor flood events.
11. The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site; and
Construction of replacement bridges at Chomonix Golf Course
Page 5 of 13
• The bridge construction consists of adequate floodplain mitigation
for the encroachment on the flood plain.
12. Any other factors which are relevant to the purpose of this
chapter.
No other factors need to be addressed.
§ 1103.06 FLOOD PLAIN OVERLAY DISTRICT USES.
(2) Conditional uses. The following use and structures may be permitted in
the Flood Plain Overlay District only after the issuance of a conditional use
permit, as provided for in § 1103.04(8) of this chapter. These uses shall be
permitted within the Flood Plain Overlay District to the extent that they are
allowed in the underlying base zoning district, they are not prohibited by any
other ordinance, and they comply with the provisions of § 1103.07, which applies
to all Flood Plain Overlay District conditional uses.
(a) Principal residential, commercial, and industrial structures.
(b) Accessory structures.
(c) Placement of fill. Cumulative placement of fill in excess of 1,000
cubic yards or in excess of requirements outlined in § 1007.051 of the City's
Zoning Chapter, whichever is less.
(d) Railroads, streets, bridges, utility transmission lines and pipelines.
(e) Extraction and storage of sand, gravel and other materials.
§ 1103.07 STANDARDS FOR FLOOD PLAIN OVERLAY DISTRICT USES.
(1) All uses.
(a) No structure (temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment or other uses
may be allowed as a conditional use which, acting alone or in combination with
existing or reasonably anticipated future uses, adversely affects the capacity of
the flood plain or increases flood heights subject to the provisions of §
1103.06(2)(c).
(b) All conditional uses shall be subject to the standards contained in §
1103.06(2) and the following standards in (2) and (8) below.
Construction of replacement bridges at Chomonix Golf Course
Page 6 of 13
(5) Fill.
(a) Any fill deposited in the Flood Plain Overlay District shall be no more
than the minimum amount necessary to conduct a conditional use listed in §
1103.07(2).
(c) Fill shall be protected from erosion by vegetative cover. An erosion
and sedimentation plan shall be required for any fill in excess of 1,000 cubic
yards.
(8) Public transportation facilities.
(a) Railroad tracks, roads and bridges to be located within the Flood
Plain Overlay District shall comply with division (1) above.
(b) Elevation to the regulatory flood protection elevation shall be
provided where failure or interruption of public transportation facilities would
result in danger to the public health or safety or where the facilities are essential
to the orderly functioning of the area
Conditional Use Permit
These are general criteria that apply for all Conditional Use Permits that apply to
Earth Moving and Land Reclamation.
General Criteria:
Section 2 Subdivision 2.B.7 of the zoning ordinance lists the general criteria that
apply to all Conditional Use Permits. The Planning and Zoning Board shall
recommend a conditional use permit and the City Council shall order the
issuance of such permit only if it finds the following criteria have been met.
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.
6) Policy Plan.
7) Natural Environment Plan.
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•
The bridge construction consists of the replacement of existing
bridges in the Anoka County Park - Chomonix Golf Course and is
consistent with the above policies and recommendations.
b. The proposed development application is compatible with present and future
land uses of the area.
The bridge construction project is taking place in an area of County
Park existing landuse and zoning.
c. The proposed development application conforms to performance standards
herein and other applicable City Codes.
The bridge construction project meets standards and city codes as
list in the Specific CUP Conditions.
d. Traffic generated by a proposed development application is within the
capabilities of the City when:
5) 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.
The bridge construction project access routes have adequate
structural capacity for the project truckload estimate and any
damages to City streets will be corrected by the County /Contractor.
9) The proposed development shall be served with adequate and safe
water supply.
The bridge construction project does not propose to construct any
structures that require drinking water.
10) The proposed development shall be served with an adequate and safe
sanitary sewer system.
The bridge construction project does not propose to construct any
structures that require 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.
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The bridge construction project does not require any capital
improvements to City infrastructure and therefore no City funds are
required.
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.
Lino Lakes Zoning Ordinance Administration
Amended per Ord. No. 05 -09 2 -7
The bridge construction project is located at a remote site and the
County /Contractor will ensure adequate safety procedures along the
haul routes. The contractor will obey posted speed limits, maintain
access to the police garage, City Hall and any adjacent residences or
businesses along the haul routes.
Haul times and dates will be coordinated between City and County
staff, the Police Department, and the contractor to ensure access to
the police garage. Equipment for the project will also be hauled in
through the two proposed access routes.
f. Will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance.
The bridge construction project is located at a remote site and the
County /Contractor will ensure adequate safety procedures along the
haul routes. All work will take place within City, County and State
Right -of -Way along with Anoka County Park Land.
1102.09 Shoreland Alterations
Subd. 2. Topographic Alterations /Grading and Filling
A. Grading, filling and excavations necessary for the construction of
structures, sewage, treatment systems, driveways and other uses permitted in
the underlying zoning district under validly issued construction permits for these
facilities do not require the issuance of a separate grading and filling permit.
However, the grading and filling standards in this section must be incorporated
into the issuance of permits for construction of structures, sewage treatment
systems and driveways.
B. Public roads and parking areas are regulated by section 1102.09,
Subd. 3 of this ordinance.
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C. Not withstanding items A. and B. above, a grading and filling permit, in
accordance with Section 4, Subd. 33 of the City Zoning Ordinance, will be
required for:
1. the movement of more than 10 (10) cubic yards of material on
steep slopes or within the shore impact zone; and
2. the movement of more than 50 cubic yards of material per acre.
SECTION 3
Subd. 12. Earth Moving and Land Reclamation.
(3) Application.
(a) The application for the permit shall be made in writing to the
city engineer in a form as the city engineer may designate, shall include
information as may be required by the city engineer and shall contain among
other things a map or plat of the proposed excavation or fill area showing the
confines or limits thereof together with the existing elevations and proposed
finished elevations based on sea level readings. The plan shall also include all
wetlands, drainageways, tree inventory and preservation plan, erosion control
measures, final restoration improvements, and other features as required by the
city.
See attached plans.
(b) Each application shall be filed with the city engineer.
(c) Each application for permit shall be accompanied by a fee,
the amount of which shall be determined by the City Council.
(4) Conditions. The city engineer or City Council, as a prerequisite to
the granting of a permit, may require the applicant or the owner of the premises
to incorporate and attach any conditions or restrictions that it deems necessary
for the preservation of health, welfare, and safety of the citizens:
(a) Properly fence any pit or excavation and barricade entrances
to prevent the general public from depositing garbage or refuse;
Access to the site is limited and silt fence will be installed.
(b) Slope the banks and otherwise guard and keep any pit or
excavation in a condition as not to be dangerous because of sliding or caving
banks;
Slope maximums will be set at 3:1 (3 feet of horizontal for every 1
foot of vertical drop).
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(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;
Final grading, seeding and landscaping will level of the excavation.
(d) Limit the depth of the 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;
Excavation of the flood plain mitigation area will reach an elevation
of 883 5 feet above the normal water level and 3 feet below the 100
year flood level.
(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;
Anoka County and the contractor will ensure clean fill is hauled in
and placed in all areas with fill being placed.
(f) Require that all decomposable material, or other unsuitable
foundation material, be removed from an area before deposition of fill begins;
Construction specifications require the contractor to properly
dispose of any unsuitable material and show proof of that disposal.
(g) Prepare a site plan showing existing and proposed grade
elevations and effect of storm water drainage on adjacent areas;
See attached plans.
(h) Specify a time when the excavation or land reclamation
project shall be completed;
Substantial completion date is March 31, 2010 and the final
completion date for erosion control and landscaping activities is July
1, 2010.
(i) Place a minimum of 4 inches of top soil over the completed
project and establish appropriate ground cover within 60 days of completion, or in
a time period consistent with the city's stormwater management and pollution
prevention plan;
• Construction specifications require the contractor to place 6 inches
of topsoil in the excavation areas. The erosion control plans require
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that seeding and landscaping takes place as soon as spring
conditions permit.
Q) 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;
Anoka County will provide inspection of the project.
(k) Implement the tree preservation plan;
The plans propose clearing and grubbing within the construction
limits totally to about 13 trees consisting of Ash, Boxelder,
Cottonwood, Poplar and Willow species. No trees are proposed to
be replaced in the bridge area.
(I) In addition to a conditional use permit, the city engineer may
determine that permits in excess of 25,000 cubic yards require the applicant to
conduct a neighborhood meeting and to notify affected property owners within
1/4 mile;
Approximately 1,150 cubic yards are proposed to be excavated.
(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 the cost to be determined by
the Council; and conditioned further to comply with all the requirements of this
chapter 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; and
A letter dated February 1, 2010 stipulating that Anoka County is
responsible for any damages to City Property.
(n) Other conditions deemed appropriate to the application by
the permitting authority.
Working Hours Monday thru Friday 7:00 AM to 7 :00 PM and Saturday
from 9 :00 AM to 5 :00 PM with no work on Sundays or holidays.
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RECOMMENDATIONS
The finding of facts, along with the following conditions supports approval of the
requests:
1. A grading permit must be obtained prior to demolition of existing bridges
and construction of the new bridge abutments. The following conditions of
the grading permit must also be met prior to commencing work.
Haul routes must be approved by the Lino Lakes Public Services and
Police Departments.
A copy of the Rice Creek Watershed District, Department of Natural
Resources and Army Corp of Engineers must be provided to the City
prior to commencing work.
- The grading permit is limited to bridge removal and construction of
abutments until the City Council approves the Conditional Use Permit.
- Hours of Operation for this use shall be limited to Monday thru Friday
7:00 AM to 7:00 PM and Saturday from 9:00 AM to 5:00 PM with no
work on Sundays or holidays.
2. The Conditional Use Permit must be obtained prior to the hauling of fill,
floodplain mitigation and bridge construction.
3. The comments made by the City Engineer shall be addressed prior to the
City Council consideration of this request.
4. Hours of Operation for this use shall be limited to Monday thru Friday 7:00
AM to 7:00 PM and Saturday from 9:00 AM to 5:00 PM with no work on
Sundays or holidays.
5. Permits must be obtained from the Department of Natural Resources,
Rice Creek Watershed District and Army Corp of Engineers. Prior to
commencement of work.
6. Coordinate all construction activities with the City Staff, City Police
Department, County Sheriff and County Park Officials.
7. Anoka County will continue to provide escrow dollars to cover Lino Lakes
incurred expenses.
8. Provide an as- built record drawing upon completion.
ATTACHMENTS
1. Plan set, dated January 6, 2010.
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