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HomeMy WebLinkAbout2010-038 Council Resolution • Council Member O'Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 10-38 APPROVING AN INTERIM USE PERMIT FOR OPEN AND OUTDOOR STORAGE AS A PRINCIPAL USE IN A LIGHT INDUSTRIAL ZONING DISTRICT AT 2209 PHELPS ROAD WHEREAS,the City has received an application for an Interim Use Permit for open and outdoor storage on the portion of the property at 2209 Phelps road north of Phelps Road, and WHEREAS, Section 8, Subivision LK of the zoning ordinance allows for open and outdoor storage as a principal use with an interim use permit, and WHEREAS,the City Council makes the following FINDINGS: Finding 1. Section 2, Subd. 3.0 of the zoning ordinance includes standards for all interim use • permits. The proposed interim use permit complies with these standards as follows: C. General Standards. An interim use shall comply with the following: 1. Existinq Uses. Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. • The proposed interim use permit for outdoor storage complies with the conditional use permit standards as discussed in Finding 2 below. b. Conforms to the applicable performance standards of this Ordinance. • Stormwater management, and traffic control are satisfactorily addressed by the proposal. Screening exists along Otter Lake Road. c. The use is allowed in an interim use in the respective zoning district. • The Light Industrial zoning district includes one interim use at Sec. 8, Subd. LK.: open and outdoor storage as a principal use d. The date or event that will terminate the use can be identified with certainty. • The interim use permit will expire in five (5)years, with the possibility of extension by the City Council. • e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. • No additional costs will be borne by the public. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. • The applicant will be bound by the conditions approved by the City Council. The City Council has the option of denying the request. Finding2. The general standard g a s anda d for interim use permits in Sect. 2, Subd. 3.C.2.a. incorporates the general standards for all conditional use permits as listed in Section 2, Subd. 2. The proposed interim use permit complies with these standards as follows: Subd. 2. Administration: Conditional Use Permits. B. Procedure. 7. Standards. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1) Land Use Plan. 2) Transportation Plan. 3) Utility(Sewer and Water) Plans. 4) Local Water Management Plan. 5) Capital Improvement Plan. 6) Policy Plan. 7) Natural Environment Plan. • The site is guided and zoned for industrial use. Traffic will not exceed what was assumed in traffic analyses to anticipate transportation impacts. The proposed activity will not increase demands on utilities. Stormwater will be managed according to City standards. No City capital improvements are needed. No natural features will be affected. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for industrial use. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • Stormwater management, and traffic control are satisfactorily addressed by the proposal. Screening exists along Otter Lake Road. d. Traffic generated by a proposed development application is within the capabilities of the City when level of service(LOS) requirements are met, roads have the structural capacity to accommodate projected traffic, and traffic generated will not require City street improvements. Resolution No. 10-38 page 2 • Traffic will not exceed what was assumed in previous traffic analyses to anticipate transportation impacts. 8) The City does not relinquish any rights of local determination. • No such rights are affected. 9) The proposed development shall be served with adequate and safe water supply. 10 The proposed development shall be served with an adequate and safe sanitary sewer P P P q Y system. • The site is connected to municipal water and sanitary sewer. 11) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. • No City capital improvements are needed. e. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. • Similar activities and uses have occurred in the vicinity over time. There are no nearby residences. Adherence to the conditions of approval and City requirements will avoid negative impacts on others. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • The site on the north side of Phelps Road has no wildlife, wetlands, habitat, surface waters, or other ecologically sensitive features. The site is not within an area of high archaeological potential where cultural resources might be found. Finding 3. Section 8, Subd. I.K. of the zoning ordinance includes one interim use in the Light Industrial zoning district: open and outdoor storage as a principal use. The proposed interim use permit complies with these specific standards as follows: a. A minimum setback of seventy-five (75)feet is provided along abutting residentially zoned properties. • There are no residential zones or properties abutting the site. b. The setback shall include a buffer yard not less than twenty(20) feet in width provided along residentially zoned properties in compliance with Section 3, Subd. 4.Q of this Ordinance. • There are no residential zones or properties abutting the site. c. All storage is screened from view of neighboring uses and public rights-of-way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this IsOrdinance. Resolution No. 10-38 page 3 • Screening exists along Otter Lake Road in the form of a berm three to four feet high and some tree plantings. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. • The proposed storage area will not use required parking or loading space. e. All lighting be in compliance with Section 3, Subd. 4.F of this Ordinance. • No additional lighting is proposed f. The storage area is fenced and secured in an appropriate manner. • The site currently is fenced. g. The storage area is surfaced in a wear-resistant material determined by the City Engineer to be suitable to control dust and drainage. • The City Engineer's recommendations on the surface and drainage control will be conditions of the interim use permit. h. All parking, loading and truck staging activities shall occur on site. On-street parking and loading associated with the use is prohibited. • • No on-street parking is required. i. Noises emanating from the use are in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPCA 7030, as amended and City Code. • Noise is not anticipated to exceed current levels. j. The use is terminated upon a specified date or the happening of an event as determined by the City. • The interim use permit will be effective for five (5)years after the date of approval with the possibility of extension at the discretion of the City Council. Finding 4. The proposed interim use permit has been compared to and found to be consistent with the mitigation plan of the I-35E Corridor Alternative Urban Areawide Review. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an Interim Use Permit for Open and Outdoor Storage as a Principal Use subject to the following conditions of approval: Resolution No. 10-38 page 4 Conditions of Approval 1. This interim use permit is issued to and applies only to the property at 2209 Phelps Road, PID 243122420012, and only that part of the property that is north of Phelps Road. This interim use permit is issued to the property. 2. This interim use permit is for open and outdoor storage of vehicles and construction materials. 3. This interim use permit is effective for three (3) years from the date of approval by the City Council. It shall be reviewed at that time. The City Council can extend it at the Council's discretion. Without such extension the permit shall expire. 4. The east end of Phelps Road shall be blocked to allow for transfer of material to the north side of the road from the south side by conveyor or other means. a. Any such blocking of the road shall require notice to the Lino Lakes Police Department and the Centennial Fire District at least seven calendar days prior to the desired blocking period. It shall also require consultation with the Police Department and Fire District and an agreement or plan for managing emergency access and other issues related to the blockage. The west end of Phelps Road shall not be blocked during the same period. b. The Police Department shall monitor the situation during any period of such blocking and shall have the authority to convene a meeting to address any problems that have arisen. The agreement or plan for managing access and other issues shall be revised as recommended by the Chief of Police or his representative. c. Blocking of the end of Phelps Road may occur more than once a year but shall not occur for a total of more than eight (8)weeks of any calendar year. d. Appropriate signage notifying the public of the blocking of the road shall be determined and any cost of such signage is the responsibility of the property owner. e. Orange safety fencing shall be installed across Phelps Road to prevent access to the conveyor. 5. Prior to commencing storage activity authorized by this interim use permit, a permit or approval must be obtained from the Rice Creek Watershed District. The Watershed District has proposed that, subject to concurrence by the City of Lino Lakes, excess compensatory storage created for floodplain for the Otter Lake Road project be used for the temporary material storage included in this interim use permit. The City Council concurs with this proposal. Any conditions or requirements of the Watershed District approval are included by reference as conditions of this interim use permit. 6. The repair of any damage to public roads caused by activity authorized by this interim use permit shall be the responsibility of the property owner. An enforceable agreement or commitment shall be submitted and kept on file. Activity authorized by this interim use permit shall not commence until such a commitment is submitted and approved by the City Attorney. Resolution No. 10-38 page 5 7. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. 8. This interim use permit shall be recorded against the property. Jeff Reine yor Juli a Bartell, City Cle Adopted by the Lino Lakes City Council this 2 6 th day of Apr i l , 2010. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Rafferty and upon vote being taken thereon,the following voted in favor thereof: O'Donnell, Rafferty, Roeser, Gallup, Reinert • The following voted against same: one W ereupon said resolution was declared duly passed and adopted. Resolution No. 10-38 page 6 . Property Addresses and Ownership MILLER I�iEFI ARNT AFKr IM I ER 2209 M4_LER 2190 �i 6910 • PROPERTY DESCRIPTION ............................._......................................................................................................................................._..........................................................................................-................_................................................................................................................. .............................., Pro py ID 124-31-22-42-0012 ----ert- _._.._.._._........._..__.._....._...._....._.. -...._............_.__......._.._.............--...__._.._..-—.... - ... -....._........................_._...---...._......._........_............................_..__............_..........._............._............_.........._...... _..........._...._ Situs Address 2209 PHELPS RD , LINO LAKES, MN 55038-0000 —_____—...__._.i___.._..__..__.._...__.......___......__.._..__ ._____.__.__.._-... __-.-_ _.-___-_—.-_._._ __-.-_....__..________.. ._______________ '':THAT PRT OF E1/2 OF NW1/4 OF SE1/4 OF SEC 24 TWP 31 RGE 22 DESC AS FOL, BEG AT A PT ON W LINE j 'OF SD E1/2 815.67 FT NLY OF SW COR THEREOF(SD W LINE HAS AN ASSD BRG OF N 0 DEG 40 MIN E),TH ProDescription 3 rty S 89 DEG 37 MIN 08 SEC E 366.28 FT,TH S 01 DEG 04 MIN 05 SEC W 415.80 FT,TH N 74 DEG 57 MIN 35 j iSEC E 309.59 FT TO E LINE OF SD 1/4 1/4,TH NLY ALG SD E LINE TO N LINE OF SD 1/4 1/4,TH WLY ALG i SD N LINE TOINTER/W SD W LINE OF E1/2,TH SLY ALG SD W LINE TO POB, EX RD, SUB3 TO EASE OF REC Resolution No. 10-38 page 7 • AGENDA ITEM 6 B STAFF ORIGINATOR: Jeff Smyser C. C.MEETING DATE: April 26, 2010 TOPIC: Resolution No. 10-38, Interim Use Permit for Open and Outdoor Storage As a Principal Use in a Light Industrial Zoning District, 2209 Phelps Road BACKGROUND Demolition and construction businesses have operated in the Phelps Road area for decades. The Light Industrial zoning district provides for open and outdoor storage as a conditional use and as an interim used depending on the situation. The documentation is spotty regarding just what � g p Y g g activities have been conducted on specific locations over time. This makes is difficult to determine which approval is required by the zoning ordinance: a conditional use permit or an interim use permit. Staff has determined that an interim use permit is the best option. This is explained in this report. • Interim use permits are reviewed with the same submittal requirements, standards, and procedures as a conditional use permit as well as standards specific to the interim use permit. This requires a public hearing by the P &Z Board and a decision by the City Council. Arnt Construction owns property on the south side of Phelps Road and has requested an interim use permit to expand storage activities onto the north side of the road. The property on the north side of Phelps Road is not owned by the Arnts. We are told they are negotiating to buy it from the current owner. We have received a letter from the current owner supporting the application. The interim use permit request is for the site on the north side of Phelps Road only. ANALYSIS Arnt Construction has requested an interim use permit to allow storage activities on the north side of Phelps Road. On its site south of the road, Arnt often has kept a stockpile of material that either has been crushed or will be crushed. This also has included topsoil at times. The company recently obtained a contract for demolition of the existing Main Street bridge over I- 35E. The new contract means more material must be stored and processed, and more storage land is needed. Storage of material north of Phelps Road has occurred in the past. Staff conducted extensive • research into minutes and permit files,but documentation does not prove conclusively that outdoor storage has been ongoing without breaks. Without a proven nonconforming use status Interim Use Permit 2209 Phelps Road page 2 (often referred to as being"grandfathered"),use of the site on the north of Phelps Road for open and outdoor storage needs a new approval. The research and conclusions are described in this report. The site is guided Industrial and zoned Light Industrial. Land to the west, south, and east is guided Industrial and zoned Light Industrial. Property abutting the north side is guided Commercial and zoned General Business. Phelps Road In the past, Phelps Road began at the old Otter Lake Road (abutting I-35E) and extended only about 850 feet to the east. In fact, it was a driveway or private road until 1977 when Miller granted a public road and utility easement to the City. The Arnt family acquired a one-acre parcel at 2109 Phelps Rd. from Paul Miller in the 1970s. The City's property file includes building permits issued to Arnt in 1978. An additional lot of 1.8 acres to the east was acquired from Miller by Arnt soon after. This lot has no separate address, and the business has functioned across these properties, as well as onto the Miller property to the east, for some time. In 1988, Miller granted another easement which extended Phelps Road another 1320' east to the location of what is now the new Otter Lake Road. However, the deed specified that this easement was not to take effect until 2003 (fifteen years later). When the new Otter Lake Road was constructed in the 1990s, Arnt actually constructed the Phelps Road extension to City street standards, though it was a private road because the easement was not yet effective. Now that the easement is in effect, Phelps Road is entirely a public road. The land to the east of the two Arnt parcels actually is part of an 8-acre parcel that lies both on the north and south sides of Phelps Road. This lot, still owned by Miller, was physically divided by the extension of Phelps Road,but never legally subdivided into two tax parcels. The area on the south of Phelps Road has been used as part of Amt's activities,while the land on the north of the road has seen some changes in land use. The proposed interim use permit would include provisions to block off the east end of Phelps Road for limited periods of time to allow for a conveyor to cross the road and carry material from the crushing machinery on the south side to the storage area on the north side. Zoning and Permits On the Site(s): A History • February 13, 1968: City Council notes contact with Acton Construction regarding "purchasing property on the east side of the Village and rezoning of same." • Feb. 21, 1968: City Council sets special meeting and hearing regarding"the request of Acton Construction Co. to rezone their property near 35E &Main St. from residential- fanning to commercial." • Feb. 26, 1968: Staff instructed to send letters to adjacent property owners about the hearing. Interim Use Permit 2209 Phelps Road page 3 • March 11, 1968: Rezoning to Commercial approved. This includes the property currently owned by Miller and Arnt between old and new Otter Lake Road and abutting Phelps Road. • November 25, 1968: Building permit issued for 2209 Phelps Rd. for"60' x 120' for pole bldg. office bldg. size- check plan". Presumably, this building permit is for two buildings. • August 25, 1969: City Council discusses Miller purchase of land on west side of 35E and development potential, including sewer service and a trailer park. Hearings set for September 17 (P & Z) and September 22 (City Council). • September 22, 1969: Hearing on rezoning at City Council. No specific plans presented, waiting for sewer service. P &Z had wanted specific plans. "That was okay by Mr. Miller, and the hearing was continued for up to six months." Miller thought he could have plans for P &Z by next meeting. City Council hearing continued to October 27. • November 24, 1969: City Council continues rezoning hearing to December 22. • December 22, 1969: Hearing dates moved to January 21 (P &Z) and January 26 (City Council). • January 26, 1970: City Council public hearing discussion of rezoning of 80 acres on east of 35E,but not land on west of freeway. Rezoning to industrial approved. (Exact land included not yet determined: have not yet found Ordinance 6P, which will include legal description of land.) • January 31, 1978: Building permit issued for 40' x 126' pole barn at 2209 Phelps Rd. • May 30, 1978: Building permit issued for 50' x 100' building on Arnt site. • September 19, 1979: Building permit issued for"parking lot"on 2209 Phelps Road. • December 10, 1979: Building permit issued for 30' x 80' parking lot, 2190 Phelps Road. • November 6, 1980: Building permit for 20' x 60' parking lot, 2190 Phelps Road. • September 26, 1988: City Council approves site plan for 80' x 120' rock face block building on Arnt site at 2190 Phelps Rd. A condition required removal of metal building within 7.5 years. • September 27, 1988: Building permit issued for 80' x 120' building at 2190 Phelps Rd. • June 24, 1996: City Council approves site plan for new 100' x 172' building of rock face block to replace the old metal building at 2109 Phelps Road. A variance from the Phelps Road setback also was granted. • February 11, 1997: Building permit issued for 17,000 sf building at 2190 Phelps Rd. • September 26, 1983: Conditional use permit granted for a cell phone tower on 2209 Phelps Road. There also have been various plumbing and electrical permits for the buildings listed above. Alternative Urban Areawide Review (AUAR) The site is within the area of the 2005 Alternative Urban Areawide Review (AUAR). The AUAR is an environmental review of an area of 4664 acres in the east and northeast portion of Lino Lakes. The AUAR provided a significant amount of planning and environmental information, much of which was incorporated into the draft new comprehensive plan. • Development in the study area is exempt from requirements for additional environmental review such as an Environmental Assessment Worksheet or an Environmental Impact Statement as long Interim Use Permit 2209 Phelps Road page 4 as the development is consistent with the assumptions and mitigation plan of the AUAR. Each development proposal is compared to the AUAR mitigation plan to ensure consistency. The site on the north side of Phelps Road has no wildlife, wetlands,habitat, surface waters, or other ecologically sensitive features. The site is not within an area of high archaeological potential where cultural resources might be found. There is no unique farmland on the site. The storage activity will not increase water use or wastewater production. Traffic will not exceed what was assumed in traffic analyses to anticipate transportation impacts. The site is guided for industrial use, so the proposed use is compatible with the comprehensive plan. The proposed project has been compared to zoning requirements and permit conditions will ensure compatibility. Stormwater management is the primary issue from the perspective of potential environmental impacts. The site has been impervious for some time, so the proposal will not alter the rate or volume of runoff. (Even if unpaved, land that has been compacted by vehicles driving on it is considered impervious for purposes of calculating runoff.) Water quality has been examined by the City Engineer and that information is included in this report. Water Quality Existing ground elevations and a berm contain the runoff for most of the site. The southeast corner of the site has an outlet pipe that leads to a drainage system on the east side of Otter Lake Road. This outlet area must have a sediment collection area with stabilized vegetation. This area must then be surrounded by silt fence or another barrier to protect it from excessive material runoff. Zoning Ordinances,Allowable Uses We have copies of previous zoning ordinances dated 1971, 1992, and 1997. The current ordinance was a significant overhaul of the 1997 version, and was adopted in 2003. These were reviewed for this application. No zoning districts at that time or since have listed outdoor storage of construction material or debris as a permitted use. The 1992 ordinance includes the following as a conditional use in the LI zone: "Open storage of materials and equipment when fenced and screened relating to the principal use." The 1997 ordinance includes, as a conditional use in the LI zone, "Open and outdoor storage as an accessory use"provide it meets specific screening, fencing, surfacing, lighting, and parking conditions. These conditions were amended and made more restrictive in 2000. The 1971 ordinance includes "Land Reclamation and Land Grading", defined as "the reclaiming of land by depositing or moving material so as to alter the grade." Land reclamation was allowed by conditional use permit in all districts. In addition: "Depositing a total of more than fifty(50) cubic yards of material per acre, either by hauling in or regarding the area, shall constitute land reclamation." This text remained in the 1992 ordinance. Interim Use Permit 2209 Phelps Road page 5 • Similarly, the current zoning ordinance includes"Earth Moving and Land Reclamation". This is allowed in all districts except that a conditional use permit is required when 5,000 cy or more is to be removed or deposited. The ordinance states that inclusion of this permit process in the ordinance does not automatically imply entitlement to such a permit. We have no record of a conditional use permit being issued to the site for Earth Moving and Land Reclamation. Communication towers like the one on the north parcel are allowed with a conditional use permit in the LI zone. It is not entirely clear just what activity on the site was allowed under the City's zoning ordinances over time. No zoning district allowed the storing of materials and equipment outdoors except by conditional use permit. As noted, there was the possibility of a conditional use permit,but there is no record of any being granted. Floodplain The site is within an unnumbered A zone on the floodplain map. This means it likely is within the floodplain,but the exact 100-year flood elevation has never been determined. We have various documents that have assumed different flood elevations on the site and in the area. The differences are two feet or even more. The Rice Creek Watershed District has discussed this issue with Arnt representatives and have proposed a way to address this issue. When the new Otter Lake Road was constructed, compensatory storage was created to accommodate the floodplain fill created by the road. In fact, excess storage was created. The Watershed District has proposed that some of the excess storage be allocated to the material storage involved in this interim use permit. The Watershed notes that since the original floodplain fill permit was granted to the City of Lino Lakes, it is essential that the City concurs with the proposed solution. City staff recommends agreement with this proposal. This is included as a condition of approval of the interim use permit. Nonconforming Use Issues A nonconforming use is a use that lawfully occupied a building or land on the effective date of the zoning ordinance but that currently does not conform to the use regulations. Regulations change over time as a community evolves. What conformed to a city's zoning regulations at one time might not later in time after the regulations are amended. It is documented that Amt operated beginning in the 1970s. The nature of the activity there has not changed. On the north side of the road, Acton Construction began on the site in 1968. However, the businesses and uses on that site have changed. The files include building permits and sign permits for Acton Construction, Mr. Miller's company. However, there has been a Bobcat equipment business there in the interim. That is, it appears that the site use has not been • construction material storage the entire time. At least one other use operated there for more than one year. Therefore, the nonconforming use status expired, in accordance with the zoning Interim Use Permit 2209 Phelps Road page 6 • ordinance both in the 1970s and the current ordinance. The relevant passages are highlighted below. The point is that the concept and intent of the"nonconforming" status has been recognized for many years in the City's zoning ordinances. • The current zoning ordinance includes the following,which is very similar to the 1997 ordinance. (Underlining is added as highlighting.) SECTION 3. GENERAL PROVISIONS Subd. 1. Purpose. The purpose of this section of the Zoning Ordinance is to establish general development performance standards. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the residents of the community. Subd. 2. Non-Conforming Uses and Structures. A. Purpose. It is the purpose of this section to provide for the regulation of non-conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non-conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non-conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non-conforming uses shall be eventually brought into conformity. B. Provisions. 1. Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: a. The nonconformity or occupancy is discontinued for a period of more than one year; or b. Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, the City may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. 2. Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The City may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. • The 1971 and 1992 zoning ordinance includes the following provisions (underlining added):: Sec. 4, Subd. 3 Nonconforming Uses and Structures. (1) Any structure or use lawfully existing upon the effective date of this ordinance may be continued at the size and in a manner of operation existing upon such date except as hereinafter specified. Interim Use Permit 2209 Phelps Road page 7 (5) Whenever a lawful, nonconforming use of a building or structure or land is discontinued for a period of one (1) year, any future use of said building or structure or land shall be in conformity with the provisions of this ordinance. (6) Any nonconforming use of open land, that is use of land without buildings, lawfully existing upon the effective date of this ordinance may be continued for a period of three (3) years after the effective date of this ordinance, whereupon such nonconforming use shall cease. (8) A lawful nonconforming use may be changed only to a use that decreases its nonconformity. Existing Use Conditional Use Permit Clause It should be noted that there is a provision in the current ordinance (2003) that states the following: 14. All uses existing as of July 14, 1997 that are included in the list of conditional uses for the zoning district in which they are located shall be considered as having a conditional use permit which contains conditions that permit the land use and structures as they existed on said date. Any enlargement, structural alteration, or intensification of such use shall require an amended conditional use permit as provided for above. (Sec. 2, Subd. 2.B.14.) "Open and outdoor storage as an accessory use"was originally in the 2003 ordinance as a conditional use in the LI zone. (This has been amended since then to include strict restrictions on outdoor storage.) "Earth Moving and Land Reclamation"involving over 5,000 cy is another conditional use. An argument might be made that the site was used for such activities when the ordinance was significantly amended in 2003. If true, the site could be considered to have a CUP for the land use and structures as they existed, and expansion would require an amendment to that CUP. However, it is unclear just what activities were occurring at any particular date. An April 1997 aerial photo appears to show some material piled near the north side of Phelps Rd., with some equipment elsewhere. An April 2001 aerial photo does not appear to show material stored north of the road. Some equipment is seen near the buildings and parking area. These photos are not conclusive, nor is any other information on file. We know that Acton Construction was there and seems to have stored some material on part of the site at some point in time. However, we cannot determine anything more conclusive. Because of this, staff does not believe the City can conclude that material storage on the entire site north of Phelps Road should be considered a pre-approved use. Interim Use Permit 2209 Phelps Road page 8 Interim Use Permit Because the record of uses on the property north of Phelps Road is not definitive regarding specific activities, staff recommends that a new interim use permit is the most effective mechanism for regulating the use. An interim use permit will establish the applicant's right to use the site for outdoor storage and establish the parameters of the activity. Discussions with the applicant led to this as well as some parameters,which are included as several of the recommended conditions of approval. The interim use permit would effective for five years with the possibility of extension by the City. The open and outdoor storage would include vehicles and construction material. The east end of Phelps Road could be blocked off for limited periods of time after discussions with the Police Department and Centennial Fire District prior to each period. Access would remain open on the west end, at the old Otter Lake Road. We note that access to the cell tower is a private matter between the tower owner and the property owner leasing the site to the tower owner. The zoning ordinance includes a category"interim use permits". The purpose of an interim use permit is as follows: Subd. 3. Administration: Interim Use Permits. A. Purpose and Intent. The purpose and intent of allowing interim uses is: 1. To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. 2. To allow a use that is presently judged acceptable by the City Council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. 3. To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. Section 2, Subd. 3 of the ordinance includes general standards for all interim use permits. These require compliance with the submittal requirements, standards and procedures for a conditional use permit as well. In addition,there are specific standards listed with each individual interim use in the zoning districts. The Light Industrial zoning district includes one interim use: open and outdoor storage as a principal use. (This was added in October 1997 and retained in the 2002 update.) The City should make findings on approvals or denials of interim use permits. Resolution No. 10-38 includes findings that list the standards and criteria that must be met and how the proposal addresses them. • Interim Use Permit 2209 Phelps Road page 9 PLANNING& ZONING BOARD The P &Z held a public hearing on the interim use permit on April 14 and recommend approval. OPTIONS 1. Approve Resolution No. 10-38 approving an interim use permit. 2. Deny the interim use permit, listing findings for the denial. 3. Return to staff with direction. RECOMMENDATION Option 1 • f lips I i11111{o il�ll.a' '41 +l11i11 1�111�111— ,�"�,,�'+Ir.�r,7I111a11 —' �ti,�lilll�W --• $�� 1iMPo P,,wr�111 wa111l1114,11►'" "r i r'r.4t6►6i��a.'� �� tyre — /. to gg —1M fit Ir to, Si � ������������® 11i"11► to:�'<+ #"J',M1,y�•1111h#R�� x a � tea` •��=_� �,_ lolls 1'. ►rre� ��!►lalll. �t �w�- tiA ���`�■ • Arnt Construction Company,Inc. Interim Use Narrative 2209 Phelps Road March 19,2010 AfAR 1� Owner: Paul K. Miller Ll 0 1100 Jardin Drive 4 Naples, FL 34104 Buyer: Arnt Investments 219+0 Phelps Road Hugo,Mid 55038 Area of Interim Use: -7.76 Acres North of Phelps Road Buildings: The.site has an office and attached maintenance shop,two metal storage buildings constructed in 1969,a cell tower and new equipment building. The office is being used • by MrMOT for the County Road 14 Bridge Project. The maintenance shop and storage buildings are being used by Arnt Construction Co., Inc. Site drainage: The contour map grading plan denotes the present and proposed drainage patterns,. We intend to install a sand filter upstream of the apron on the southeast corner of the PropertY- Operadon: The fenced in storage yard will be used to parr equipment, stockpile fieldstone,riprap, salvage cut stone,recycled class 6 gravel,#2 keystone, granular borrow,storm sewer, waterrnain and sanitary sewer appurtenances, and occasionally topsoil. The material will be hauled out via Anoka County Road 84(Otter Lake Read). Normally all rabble and recycled class 6 will be stockpiled south of Phelps Road. We receive rubble at 2190 Phelps Road from our projects,Moline Concrete,Anoka County, City of Lino Lakes, City of Centerville,City of Hugo and the residences in the area. We operate on a 24-hour basis in order to comply with certain contracts with Mn/DOT and various Minnesota counties. z f Rim Mum WATERSHED DISTRICT 4325 Pheasant Ridge Dr.EVE#611•Blaine,MN 55449-4539 * Phone:763-398-3070•Fax:763-398-3098 WWW.ricecreek.org April 13,2010 RCWD FILE#10-025R Jeff Smyser,Planner City of Lino Lakes 600 Town Center Parkway Lino Lakes,MN 55014 RE: Proposed Foodplain Flll tie Mitigation for 2209 Phelps Road Dear Mr.Smyser, The RCWD has reviewed the aggregate storage project proposed by Arnt Construction Company, Inc.for 2209 Phelps Road In Lino Lakes,MN. The activity will meet the definition of floodplain fill for the duration it is undertaken at this site,triggering RCWD Rule E(Floodplain Alteration)and Rule D(Erosion and Sediment Control Plans). As proposed,this activity will not trigger regulation by any of RCWD's other Rules and the project has not been reviewed against these Rules. Our understanding is that the City of lino Lakes is considering issuance of an interim land use permit to allow the proposed activity with a sunset of five years and that if the activity is planned to continue beyond this timeframe,the existing interim land use permit would be reconsidered at that time and either be extended or allowed to expire. While the till activity may be considered temporary at this time,our Rules do not make an allowance for temporary floodplain fill. After determining that the activity would result in floodplain fill,we met with Nicholas Arnt to discuss the project in further detail and how this fill may be mitigated. As it turns out,the RCWD issued a permit to the City of Lino Lakes(RCWD#98-108)in 1998 to facilitate the relocation of Otter Lake Road and possible future development of an Industrial park in the same area as the project in question. Amt Construction Company,Inc.was the contractor for the Otter Lake Road project and now owns or has purchase options on the majority of this property which remains largely undeveloped. According to the engineer's report for RCWD Permit#09-108,15,900 cubic yards(9.86 acre-feet)of floodplain fill were required by the project which was mitigated in excess by the excavation of a required wetland mitigation site adjacent to Clearwater Greek. The engineer's report did not quantify the floodplain storage volume created in excess of permit requirements,however. Mr.Arnt was asked to provide floodplain fill and mitigation volume calculations for his proposed aggregate storage project(assuming the entire proposed location would be filled)and for the wetland mitigation site,respectively. He submitted calculations showing that the maximum floodplain fill generated by Arnt Construction's proposed activity is 3.69 acre-feet while the floodplain storage created BOARD OF ;> Barbara A.Haake Rick A.Mastell Harley M.Ogata Patricia L Preiner JohnJ.Waller MANAGERS Ramsey County Anoka County Ramsey County Anoka County Washington County by the wetland mitigation site was 14.93 acre-feet. A calculation of remaining floodplain storage is provided below: 14.93 Ac-Ft Total additional volume created by wetland mitigation in 1998 — 9.86 Ac-Ft Total floodplain fill from 1998 Utter Lake Road project — 3.69 Ac-Ft Total floodplain fill currently proposed by Arnt Construction = 1.38 Ac-Ft Remaining excess floodplain storage volume This demonstrates that the floodplain system in this stretch of Clearwater Creek has the ability to handle the temporary fill proposed by Arnt Construction Company,Inc. The RCWD does not operate a floodplain volume banking program,nor does it intend to create one. Additionally,the City of Lino Lakes,not Arnt Construction,was the original permitee for the Otter lake Road Project when the excess floodplain storage was created. Considering the interim nature of the approval being considered by the City of Lino Lakes,the RCWD is willing and proposes to accept this demonstration of available floodplain storage volume to facilitate the proposed temporary project. Due to past project history in this location,however,we feel concurrence by the City of Lino Lakes is essential. If the City agrees,no additional permitting would be required by the RCWD for this project. If the City is not comfortable allocating the floodplain"credit"from its previous Otter Lake Road relocation project as proposed herein,the applicant would then be required to obtain a RCWD permit and construct appropriate floodplain mitigation onsite. If permanent floodplain fill becomes a part of any plan at this location,those plans would be again subject to RCWD review and approval through our standard permitting procedures. If you have any additional questions or concerns about this proposal,please contact me directly at(763) 398-3072 or kaxtell ricecreek.ore. Please provide a written response detailing the City's opinion regarding this proposal. If approved,also please provide us with a copy of the issued interim land use permit for our records. Sincerel , f � Kyfi ,l e Axtell Water Resource Specialist CC: Nicholas Arnt—Arnt Construction Company,Inc. RCWD Files 10-025R,98-108 • Proposed Land Use Plan 2002 Comprehensive Plan z COMMERCIAL 3 COMMERCIAL site E INDUSTRIAL i • ri LOW DENSITY RESIDENTIAL Zoning Map jjrG ■ ■ ■ B ' ■ -------------- Vow ■ �► Main St ■ _ 1 ■ ■_ Qy J VB ■ ■ site ■ Phelps Rbai ■ F ■ ■ s Tintef, j TER Rural errr Waco CONDITIONS SURVEY RECEIVE® r''� tad Frf at w f T£oser 1 he we e,a•'/•s h'tr eI w Sm/e of w p ! 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IN WITNESS WHEREOF, I have signed and affixed the city seal on April 28, 2010. City Cle t. 600 Town Center Parkway, Lino Lakes, MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 Council Member O'Donnell introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 10-38 APPROVING AN INTERIM USE PERMIT FOR OPEN AND OUTDOOR STORAGE AS A PRINCIPAL USE IN A LIGHT INDUSTRIAL ZONING DISTRICT AT 2209 PHELPS ROAD WHEREAS,the City has received an application for an Interim Use Permit for open and outdoor storage on the portion of the property at 2209 Phelps road north of Phelps Road, and WHEREAS, Section 8, Subivision 1.K of the zoning ordinance allows for open and outdoor storage as a principal use with an interim use permit, and WHEREAS, the City Council makes the following FINDINGS: Finding 1. Section 2, Subd. 3.0 of the zoning ordinance includes standards for all interim use permits. The proposed interim use permit complies with these standards as follows: C. General Standards. An interim use shall comply with the following: 1. Existing Uses. Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. • The proposed interim use permit for outdoor storage complies with the conditional use permit standards as discussed in Finding 2 below. b. Conforms to the applicable performance standards of this Ordinance. • Stormwater management, and traffic control are satisfactorily addressed by the proposal. Screening exists along Otter Lake Road. c. The use is allowed in an interim use in the respective zoning district. • The Light Industrial zoning district includes one interim use at Sec. 8, Subd. LK.: open and outdoor storage as a principal use d. The date or event that will terminate the use can be identified with certainty. • The interim use permit will expire in five (5)years, with the possibility of extension by the City Council. e. The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. • No additional costs will be borne by the public. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. • The applicant will be bound by the conditions approved by the City Council. The City Council has the option of denying the request. Finding 2. The general standard for interim use permits in Sect. 2, Subd. 3.C.2.a. incorporates the general standards for all conditional use permits as listed in Section 2, Subd. 2. The proposed interim use permit complies with these standards as follows: Subd. 2. Administration: Conditional Use Permits. B. Procedure. 7. Standards. The Planning and Zoning Board shall recommend a conditional use permit and the Council shall order the issuance of such permit only if it finds the following criteria have been met: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: 1) Land Use Plan. 2) Transportation Plan. 3) Utility(Sewer and Water) Plans. 4) Local Water Management Plan. 5) Capital Improvement Plan. 6) Policy Plan. 7) Natural Environment Plan. • The site is guided and zoned for industrial use. Traffic will not exceed what was assumed in traffic analyses to anticipate transportation impacts. The proposed activity will not increase demands on utilities. Stormwater will be managed according to City standards. No City capital improvements are needed. No natural features will be affected. b. The proposed development application is compatible with present and future land uses of the area. • The site is guided and zoned for industrial use. c. The proposed development application conforms to performance standards herein and other applicable City Codes. • Stormwater management, and traffic control are satisfactorily addressed by the proposal. Screening exists along Otter Lake Road. d. Traffic generated by a proposed development application is within the capabilities of the City when level of service (LOS) requirements are met, roads have the structural capacity to accommodate projected traffic, and traffic generated will not require City street improvements. Resolution No. 10-38 page 2 • Traffic will not exceed what was assumed in previous traffic analyses to anticipate transportation impacts. 8) The City does not relinquish any rights of local determination. • No such rights are affected. 9) The proposed development shall be served with adequate and safe water supply. 10) The proposed development shall be served with an adequate and safe sanitary sewer system. • The site is connected to municipal water and sanitary sewer. 11) The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. • No City capital improvements are needed. e. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. • Similar activities and uses have occurred in the vicinity over time. There are no nearby residences. Adherence to the conditions of approval and City requirements will avoid negative impacts on others. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • The site on the north side of Phelps Road has no wildlife,wetlands, habitat, surface waters, or other ecologically sensitive features. The site is not within an area of high archaeological potential where cultural resources might be found. Finding 3. Section 8, Subd. I.K. of the zoning ordinance includes one interim use in the Light Industrial zoning district: open and outdoor storage as a principal use. The proposed interim use permit complies with these specific standards as follows: a. A minimum setback of seventy-five(75) feet is provided along abutting residentially zoned properties. • There are no residential zones or properties abutting the site. b. The setback shall include a buffer yard not less than twenty(20) feet in width provided along residentially zoned properties in compliance with Section 3, Subd. 4.Q of this Ordinance. • There are no residential zones or properties abutting the site. c. All storage is screened from view of neighboring uses and public rights-of-way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this Ordinance. Resolution No. 10-38 page 3 • Screening exists along Otter Lake Road in the form of a berm three to four feet high and some tree plantings. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. • The proposed storage area will not use required parking or loading space. e. All lighting be in compliance with Section 3, Subd. 4.1= of this Ordinance. • No additional lighting is proposed f. The storage area is fenced and secured in an appropriate manner. • The site currently is fenced. g. The storage area is surfaced in a wear-resistant material determined by the City Engineer to be suitable to control dust and drainage. • The City Engineer's recommendations on the surface and drainage control will be conditions of the interim use permit. h. All parking, loading and truck staging activities shall occur on site. On-street parking and loading associated with the use is prohibited. • No on-street parking is required. i. Noises emanating from the use are in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulations MPCA 7030, as amended and City Code. • Noise is not anticipated to exceed current levels. j. The use is terminated upon a specified date or the happening of an event as determined by the City. • The interim use permit will be effective for five (5)years after the date of approval with the possibility of extension at the discretion of the City Council. Finding 4. The proposed interim use permit has been compared to and found to be consistent with the mitigation plan of the I-35E Corridor Alternative Urban Areawide Review. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves an Interim Use Permit for Open and Outdoor Storage as a Principal Use subject to the following conditions of approval: Resolution No. 10-38 page 4 Conditions of Approval 1. This interim use permit is issued to and applies only to the property at 2209 Phelps Road, PID 243122420012, and only that part of the property that is north of Phelps Road. This interim use permit is issued to the property. 2. This interim use permit is for open and outdoor storage of vehicles and construction materials. 3. This interim use permit is effective for three (3) years from the date of approval by the City Council. It shall be reviewed at that time. The City Council can extend it at the Council's discretion. Without such extension the permit shall expire. 4. The east end of Phelps Road shall be blocked to allow for transfer of material to the north side of the road from the south side by conveyor or other means. a. Any such blocking of the road shall require notice to the Lino Lakes Police Department and the Centennial Fire District at least seven calendar days prior to the desired blocking period. It shall also require consultation with the Police Department and Fire District and an agreement or plan for managing emergency access and other issues related to the blockage. The west end of Phelps Road shall not be blocked during the same period. b. The Police Department shall monitor the situation during any period of such blocking and shall have the authority to convene a meeting to address any problems that have arisen. The agreement or plan for managing access and other issues shall be revised as recommended by the Chief of Police or his representative. c. Blocking of the end of Phelps Road may occur more than once a year but shall not occur for a total of more than eight(8)weeks of any calendar year. d. Appropriate signage notifying the public of the blocking of the road shall be determined and any cost of such signage is the responsibility of the property owner. e. Orange safety fencing shall be installed across Phelps Road to prevent access to the conveyor. 5. Prior to commencing storage activity authorized by this interim use permit, a permit or approval must be obtained from the Rice Creek Watershed District. The Watershed District has proposed that, subject to concurrence by the City of Lino Lakes, excess compensatory storage created for floodplain for the Otter Lake Road project be used for the temporary material storage included in this interim use permit. The City Council concurs with this proposal. Any conditions or requirements of the Watershed District approval are included by reference as conditions of this interim use permit. 6. The repair of any damage to public roads caused by activity authorized by this interim use permit shall be the responsibility of the property owner. An enforceable agreement or commitment shall be submitted and kept on file. Activity authorized by this interim use permit shall not commence until such a commitment is submitted and approved by the City Attorney. Resolution No. 10-38 page 5 7. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. 8. This interim use permit shall be recorded against the property. Jeff Reine yor Juli a Bartell, City Cle - Adopted by the Lino Lakes City Council this 2 6 th day of April , 2010. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Rafferty and upon vote being taken thereon,the following voted in favor thereof: O'Donnell, Rafferty, Roeser, Gallup, Reinert The following voted against same: VVlni re one said resolution was declared duly passed and adopted. Resolution No. 10-38 page 6 Property Addresses and Ownership g t: r MILL- IMLLER A RW AFINT ra[ 2190 A�solo 3 � PROPERTY DESCRIPTION Property_ I_D 24-31-22-42-0012 Situs 2209 PHELPS RD , LINO LAKES, MN 55038-0000 ' Address THAT PRT OF E1/2 OF NW1/4 OF SEi/4 OF SEC 24 TWP 31 RGE 22 DESC AS FOL, BEG AT A PT ON W LINE Property OF SD E1/2 815.67 FT NLY OF SW COP THEREOF(SD W LINE HAS AN ASSD BRG OF N 0 DEG 40 MIN E),TH p y S 89 DEG 37 MIN 08 SEC E 366.28 FT, TH S 01 DEG 04 MIN 05 SEC W 415.80 FT, TH N 74 DEG 57 MIN 35 Description !SEC E 309.59 FT TO E LINE OF SD 1/4 1/4,TH NLY ALG SD E LINE TO N LINE OF SD 1/4 1/4,TH WLY ALG `SD N LINE TOINTER/W SD W LINE OF E1/2,TH SLY ALG SD W LINE TO POB, EX RD, SUB3 TO EASE OF REC -ANOKA-CUUN Y MINNESO A Document No.: 2014780.003 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 04%2912010 11:43:00 AM Fees/Taxes In the Amount of: $46.00 MAUREEN J. DEVINE Anoka County Property Tax Administrator/RecorderlRegistrar of Titles JMH, Deputy Record ID: 2305341 Resolution No. 10-38 page 7