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HomeMy WebLinkAbout2011-060 Council Resolution• Council Member Raf ferty introduced the following resolution and moved its adoption: • • CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 11 -60 APPROVING AN INTERIM USE PERMIT FOR A TEMPORARY BATCH PLANT 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 a Temporary Batch Plant on the portion of the property at 2209 Phelps Road lying just east of Interstate 35W, and WHEREAS, Section 8, Subdivision 1.K of the zoning ordinance allows for a Temporary Batch Plant 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 a Temporary Batch Plant complies with the conditional use permit standards as discussed in Finding 2 below. b. Conforms to the applicable performance standards of this Ordinance. • • • The performance agreement required for the site will stipulate conformance to all applicable performance standards, including the conditions specific to the use as included in Section 8, Subdivision 1.K or the Zoning Ordinance (per Ordinance Number 12 -11). c. The use is allowed in an interim use in the respective zoning district. With the adoption of Ordinance Number 12 -11, the Light Industrial zoning district includes Temporary Batch Plant as an Interim Use at Sec. 8, Subd. 1.K. d. The date or event that will terminate the use can be identified with certainty. The interim use permit will expire on October 15, 2011 or 30 days after the end of the Interstate 35E reconstruction project. 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: a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. 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: The use proposed is Temporary in nature and therefore it will not cause any long term ramifications to the site or surrounding area. Therefore it is not inconsistent with the Comprehensive Plan. • b. The proposed development application is compatible with present and future land uses of the area. The use proposed is Temporary in nature and therefore it will not cause any long term ramifications to the site or surrounding area. Therefore it is compatible with the present and future land uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. The general and specific conditions of the Zoning Ordinance, including those proposed with the ordinance amendment, are all being met by the proposed plant. d. Traffic generated by a proposed development application is within the capabilities of the City when: The traffic generated by the proposed Temporary Batch Plant will be focused on the interchange and Interstate 35E. Therefore the capabilities of the city streets will not be exceeded. • 9) The proposed development shall be served with adequate and safe water supply. The site will draw the necessary water from the two large water tanks that will be installed as part of the batch plant improvements. 10)The proposed development shall be served with an adequate and safe sanitary sewer system. The site will have temporary sanitary facilities for the workers, with timely pumping of tanks. No permanent system is proposed or necessary. 11)The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The city will not need to expend any funds related to this temporary use. The Performance Agreement will outline all reparations that must be completed and hold the property owner and operator liable for said reparations. 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. The Performance Agreement will outline inspection requirements and the city may revoke the Interim Use Permit if any violations or detrimental effects occur on the site as a result of this use. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. This use is temporary and is not in the immediate vicinity of any natural, scenic or historic feature that would be considered of major importance. b. Conforms to the applicable performance standards of this Ordinance. The performance standards specific to the Temporary Batch Plant included in Ordinance 13 -11 are: 13) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. The proposed site is surrounded by Light Industrial properties and is a substantial distance from any dwelling units and commercial businesses. 14) The Batch Plant shall maintain a 50 foot setback from any wetland. The site does not have any wetlands within 50 feet of the proposed area of disturbance. 15) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. The Performance Agreement will include a termination date of 10/15/2011 or 30 days after the completion of the 135E reconstruction project whichever comes first. 16) The Hours of Operation shall be clearly defined. The Performance Agreement will include a clearly defined Hours of Operation. 17) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. The Performance Agreement will include an approved access plan for the project. 0 18) A grading, erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved grading, erosion and sediment control plan. 19) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved storm water pollution prevention plan. 20) A restoration plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved restoration plan specific to the site. 21) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. • The Performance Agreement will include a condition requiring ongoing conformance to the Minnesota Pollution Control Agency guidelines. 22) All applicable Rice Creek Watershed District requirements are satisfactorily met. The Performance Agreement will include a condition requiring ongoing conformance to the requirements of the Rice Creek Watershed District. 23) So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary. Considering the remote location of the site and the surrounding uses, staff does not have any special conditions it feels are necessary to protect the surrounding area. 24) The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance. The Performance Agreement will include Arnt Construction (operator) and Paul Miller (property owner) as parties to the agreement and hold both liable for site reparations. c. The use is allowed in an interim use in the respective zoning district. • The proposed ordinance amendment would add `Temporary Batch Plant' to the Interim Uses list of the Light Industrial zoning district. d. The date or event that will terminate the use can be identified with certainty. The Performance Agreement will include a termination date of 10/15/2011 or 30 days after the completion of the 135E reconstruction project whichever comes first. Any variation from this clause will require consent by all parties involved, including 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. The Performance Agreement will include a termination date of 10/15/2011 or 30 days after the completion of the 135E reconstruction project whichever comes first. Additionally, securities will be collected guaranteeing that site reparations are completed. f. The user agrees to any conditions that the City Council deem appropriate for permission of the use. The Performance Agreement may be written to include any conditions the City Council deems appropriate. Finding 3. 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 a Temporary Batch Plant subject to the following conditions of approval: Conditions of Approval 1. This interim use permit is for a Temporary Batch Plant. 2. This interim use permit is issued to and applies only to the property at 2209 Phelps Road, PID 243122420014, and only that part of the property that is north of Phelps Road. This interim use permit is issued to the property. 3. This interim use permit is effective 30 days after publication of Ordinance Number 13 -11. 4. This interim use permit is effective until October 15, 2011 or 30 days after the Interstate 35E project is completed, whichever is sooner. 4. Prior to commencing the Batch Plant authorized by this interim use permit, a permit • • • or approval must be obtained from the Rice Creek Watershed District. 6. The repair of any damage to public roads caused by activity authorized by this interim use permit shall be the responsibility of the developer and property owner. A Performance Agreement shall be executed with appropriate financial securities. Until such an agreement is executed no work related to this interim use permit may begin. 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. nne Bartell, C Y Jeff Rein: 'ayor Adopted by the Lino Lakes City Council this 27th day of June 2011. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Roeser, O'Donnell, Reinert The following voted against same: none (Absent - Gallup) Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM 6D STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: June 27, 2011 TOPIC: Temporary Batch Plant — 2209 Phelps Road Consider Resolution No. 11 -60, approving an Interim Use Permit for a Temporary Batch Plant at 2209 Phelps Road. ii. Consider Resolution No. 11 -68, authorizing execution of Performance Agreement. Background Arnt Construction has applied to amend the Zoning Ordinance to add Temporary Batch Plants as an Interim Use and to approve an Interim Use Permit for a Temporary Batch Plant at 2209 Phelps Road. The Temporary Batch Plant is intended to serve the 135E road construction project. In reviewing an application for an Interim Use Permit, the city must consider the general • standards included in the conditional use permit section (Section 2.Subd.2) of the zoning ordinance and any specific conditions within the ordinance for the use proposed. Interim /Conditional Use Permit general standards Staff has reviewed the application versus the general standards included in Section 2.Subdivision 2 of the Zoning Ordinance and has included findings in Resolution Number 11 -60 that support approval of the proposed use on this site. Interim Use Permit standards — Temporary Batch Plant The performance standards specific to the Temporary Batch Plant included in Ordinance 13 -11 are: 1) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. The proposed site is surrounded by Light Industrial properties and is a substantial distance from any dwelling units and commercial businesses. 2) The Batch Plant shall maintain a 50 foot setback from any wetland. The site does not have any wetlands within 50 feet of the proposed area of disturbance. • 3) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. • The Performance Agreement will include a termination date of 10/15/2011 or 30 days after the completion of the 135E reconstruction project whichever comes first. 4) The Hours of Operation shall be clearly defined. The Performance Agreement will include a clearly defined Hours of Operation. 5) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. The Performance Agreement will include an approved access plan for the project. 6) A grading, erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved grading, erosion and sediment control plan. 7) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved storm water pollution prevention plan. 8) A restoration plan shall be submitted and approved by the City prior to any site disturbance. The Performance Agreement will include references to an approved restoration plan specific to the site. 9) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. The Performance Agreement will include a condition requiring ongoing conformance to the Minnesota Pollution Control Agency guidelines. 10) All applicable Rice Creek Watershed District requirements are satisfactorily met. II The Performance Agreement will include a condition requiring ongoing conformance to the requirements of the Rice Creek Watershed District. • 11) So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary. Considering the remote location of the site and the surrounding uses, staff does not have any special conditions it feels are necessary to protect the surrounding area. 12) The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance. The Performance Agreement will include Arnt Construction (operator) and Paul Miller (property owner) as parties to the agreement and hold both liable for site reparations. Planning and Zoning Board The applicant's request for an Interim Use Permit at 2209 Phelps Road was recommended for approval by the Planning and Zoning Board on June 8, 2011 based on the conditions of approval included in Resolution Number 11 -64. Performance Agreement In accordance with City policy, staff has prepared a Performance Agreement for 2209 Phelps Road, Arnt Temporary Batch Plant. The agreement provides for the following: 1. Submittal by the developer of a Letter of Credit representing the development improvement costs. This includes grading of the site for the use, restoration of the site upon completion, and any repair /maintenance of the surrounding roadway associated with the use. 2. Deposit of a cash escrow to reimburse the City for costs incurred by the City related to the review and development of the site. The Developer has reviewed the contract and is aware of the conditions set forth. Recommendation Staff recommends approval of an Interim Use Permit for a Temporary Batch Plant at 2209 Phelps Road, subject to the conditions in Resolution No. 11 -60. ii. Staff recommends approval of Resolution No. 11 -68, authorizing the execution of a Performance Agreement for this project. Attachments 1. Resolution No. 11 -60 2. Resolution No. 11 -68 3. Performance Agreement 4. Arnt Site Plan submitted May 19, 2011 (with staff notes)