Loading...
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 • 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. • 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. • (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 • 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 • • • 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; • 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 • 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. • • • 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 • • • 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 • 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 • 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. Construction of replacement bridges at Chomonix Golf Course Page 7 of 13 • 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. Construction of replacement bridges at Chomonix Golf Course Page 8 of 13 • 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. Construction of replacement bridges at Chomonix Golf Course Page 9 of 13 • 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). Construction of replacement bridges at Chomonix Golf Course Page l0 of 13 • (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 Construction of replacement bridges at Chomonix Golf Course Page 11 of 13 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. Construction of replacement bridges at Chomonix Golf Course Page 12 of 13 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. Construction of replacement bridges at Chomonix Golf Course Page 13 of 13