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HomeMy WebLinkAbout2012-053 Council Resolution Council Member Roeser introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 12-53 APPROVING AN INTERIM USE PERMIT FOR OPEN AND OUTDOOR STORAGE AS AN ACCESSORY USE IN A LIGHT INDUSTRIAL ZONING DISTRICT AT 7301 APOLLO COURT WHEREAS, the City has received an application for an Interim Use Permit for open and outdoor storage on the portion of the property at 7301 Apollo Court, and WHEREAS, Section 8, Subdivision LK of the zoning ordinance allows for open and outdoor storage as an accessory 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 Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. • The proposed interim use permit for outdoor storage complies with the conditional use permit standards as discussed in Finding 2. b. Conforms to the applicable performance standards of this Ordinance. • The proposed screening plan conforms to the screening requirements of the ordinance. c. The use is allowed in an interim use in the respective zoning district. • The Light Industrial zoning district includes one interim use at Sec. 8, Subd. 1.K.: open and outdoor storage as a principal or accessory 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. Resolution No. 12-53 page 2 • The site is guided and zoned for industrial use. The proposed activity will is not increase demands on utilities or roadways. 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. • The proposed screening plan conforms to the screening requirements of the ordinance. d. Traffic generated by a proposed development application is within the capabilities of the City when level of service (LOS) requirements are met, roads have the structural capacity to accommodate projected traffic, and traffic generated will not require City street improvements. • Traffic will not exceed what is assumed within a Light Industrial zoning district. • 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 currently 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. Resolution No. 12-53 page 3 • Adherence to the conditions of approval and City requirements will avoid negative impacts. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • The site is already developed and has no significant 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 an accessory use. The proposed interim use permit complies with these specific standards as follows: Open and outdoor storage as a principal use provided that: a. A minimum setback of seventy-five (75) feet is provided along abutting residentially zoned properties. • The property to the west of this site is zoned R-1 (Single Family • Residential) and the proposed outdoor storage will occur over 100 feet from the adjacent property. 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. • The property to the west of this site is zoned R-1 (Single Family Residential) and there is a buffer yard of over 100 feet in width. c. All storage is screened from view of neighboring uses and public rights-of-way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this Ordinance. • Screening is provided via an eight foot high fence with privacy slats and landscaping materials both existing and proposed. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. • The proposed storage area will not take up required parking or loading spaces. • Resolution No. 12-53 page 4 e. All lighting be in compliance with Section 3, Subd. 41 of this Ordinance. • No additional lighting is proposed f. The storage area is fenced and secured in an appropriate manner. • The proposal includes the addition of an eight foot high fence around the storage area. 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 storage area will be surfaced with bituminous asphalt where forklift traffic is anticipated and one inch river rock where the product is stored. h. All parking, loading and truck staging activities shall occur on site. On-street parking and loading associated with the use is prohibited. • All loading already occurs on site and the parking necessary for the use is already existing. 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. • A condition of approval restricting the hours of operations to between 7:00 A.M. and 9:00 P.M. will reduce the possibility of conflict with nuisance regulations. 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. 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: Conditions of Approval 1. This interim use permit is issued to and applies only to the property at 7301 Apollo Drive. 40 2. This interim use permit is effective for five (5) years from the date of approval by the Resolution No. 12-53 page 5 . 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. 3. Prior to commencing an construction activity authorized by this interim use permit, a permit or approval must be obtained from the Rice Creek Watershed District. Any conditions or requirements of the Watershed District approval are included by reference as conditions of this interim use permit. 4. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. 5. This interim use permit shall be recorded against the property. 6. The loading operations of the business are limited to the hours between 7:00 A.M. and 8:00 P.M. 7. The improvements depicted on the submitted plans shall be completed by August 25, 2012. . Jeff 0—iner&aiyor Juh e Bartell, City Jerk Adopted by the Lino Lakes City Council this 25th day of June , 2012. The motion for the adoption of the foregoing resolution was duly seconded by Council Member O'Donnell and upon vote being taken thereon,the following voted in favor thereof: Roeser, O'Donnell, Stoesz, Rafferty, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. i Resolution No. 12-53 page 6 PROPERTY DESCRIPTION Property ID 18-31-22-42-0009 Situs 7301 APOLLO CT NE , LINO LAKES, MN 55014-0000 Address _ THAT PRT OF SE1/4 OF SEC 18 TWP 31 RGE 22 DESC AS FOL: COM AT NE COR OF SD 1/4,TH S 88 DEG 22 MIN 57 SEC W,ASSD BRG,ALG N LINE OF SO 1/4 2099.84 FT,TH S 1 DEG 37 MIN 03 SEC E 648.37 FT,TH S 88 DEG 22 MIN 57 SEC W 70 FT,TH S 1 DEG 37 MIN 03 SEC E 16 FT TO POB,TH S 88 DEG 22 MIN 57 SEC W 131.85 FT,TH S 50 DEG 20 MIN 19 SEC W 203.19 FT,TH S 80 DEG 18 MIN 27 SEC W 225 FT TO W Property LINE OF SD 1/4,TH S 0 DEG 01 MIN 09 SEC W ALG SO W LINE 425 FT TO NWLY R/W LINE OF CITY OF LINO Description LAKES R/W PLAT NO 1,AKA APOLLO DR,TH NELY 414.82 FT ALG SD NWLY R/W LINE&ALG A NON TAN CUR CONC TO NW HAV A PAD OF799 FT&A CEN ANG OF 29 DEG 44 MIN 48 SEC&A CHORD BRG OF N 65 DEG 12 MIN 43 SEC E,TH N 50 DEG 20 MIN 29 SEC E TAN TO LAST DESC CUR 308.46 FT,TH N 39 DEG 39 MIN 31 SEC W 70.31 FT,TH NWLY 156.03 FT ALG A TAN CUR CONC TO NE HAV A RAD OF 235 FT&A CEN ANG OF 38 DEG 02 MIN 28 SEC,TH N 1 DEG 37 MIN 03 SEC Y W TAN TO LAST DESC CUR 30 FT TO POB, EX RD, SUB]TO EASE OF REC • • CITY COUNCIL AGENDA ITEM 6Ai STAFF ORIGINATOR: Paul Bengtson MEETING DATE: June 25, 2012 TOPIC: Resolution No. 12-53 - Interim Use Permit—Accessory Outdoor Storage VOTE REQUIRED: Simple Majority INTRODUCTION Lakes Building Components has been operating at 7301 Apollo Court for over a year and a half, and has been storing materials used in the business outside of the building in violation of the zoning ordinance during that time. Upon notice of the violation the applicant requested an amendment to the zoning ordinance to make accessory outdoor storage an interim use in the Light Industrial zoning district. Ordinance Number 21-11 was adopted by the City Council on November 28, 2011 and went into effect shortly thereafter. An Interim Use Permit application was submitted in 2011 along with the zoning amendment request, but was deemed incomplete by staff. The applicant submitted the necessary documents to complete the application on May 4, 2012. SCHEDULE OF ACTIONS: Planning &Zoning Board (Public Hearing) June 13, 2012 City Council June 25, 2012 Action Deadline July 3, 2012 (may extend to Sept. 1, 2012) BACKGROUND The applicant is proposing to fence a portion of the site with eight foot high chain link fencing that will have privacy slats to provide screening. The appearance of the fence will be softened by the existing landscaping as well as the additional landscaping materials on the submitted planting plan. The storage yard area will be paved for all areas that will have regular vehicular traffic and will have I inch landscape rock in the areas where the materials will be stored. 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 was amended in November of 2011 to include one interim use: Open and outdoor storage as a principal or accessory use. The City should make findings on approvals or denials of interim use permits. The following section of this report lists the standards and criteria that must be met and addresses them as • findings. FINDINGS Finding 1. Section 2, Subd. 3.0 of the zoning ordinance includes standards for all interim use permits. The proposed interim use permit complies with these standards as follows: C. General Standards. An interim use shall comply with the following: 1. Existing Uses, Existing uses shall be in conformance with zoning and building standards in effect at the time of initial construction and development, and may not be enlarged or expanded except under the terms for newly established uses, and shall continue to be governed by such regulations in the future. 2. New Uses. a. Meets the standards of a conditional use permit set forth in Section 2, Subd. 2 of this Ordinance. • The proposed interim use permit for outdoor storage complies with the conditional use permit standards as discussed in Finding 2. b. Conforms to the applicable performance standards of this Ordinance. • • The proposed screening plan conforms to the screening requirements of the ordinance. c. The use is allowed in an interim use in the respective zoning district. • The Light Industrial zoning district includes one interim use at Sec. 8, Subd. 1.K.: open and outdoor storage as a principal or accessory 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. The proposed activity will not increase demands on utilities or roadways. 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. • The proposed screening plan conforms to the screening requirements of the ordinance. d. Traffic generated by a proposed development application is within the capabilities of the City when level of service (LOS) requirements are met, roads have the structural capacity to accommodate projected traffic, and traffic generated will not require City street improvements. • Traffic will not exceed what is assumed within a Light Industrial zoning district. • 8 The Citydoes not relinquish an rights of local determination. q Y • No such rights are affected. 9) The proposed development shall be served with adequate and safe water supply. • The site is currently connected to municipal water and sanitary sewer. 10)The proposed development shall be served with an adequate and safe sanitary sewer system. • The site is currently 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. • Adherence to the conditions of approval and City requirements will avoid negative impacts. £ Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • The site is already developed and has no significant 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: Open and outdoor storage as a principal use provided that: a. A minimum setback of seventy-five (75) feet is provided along abutting residentially zoned properties. • The property to the west of this site is zoned R-1 (Single Family Residential) and the proposed outdoor storage will occur over 100 feet from the adjacent property. • 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. • The property to the west of this site is zoned R-1 (Single Family Residential) and there is a buffer yard of over 100 feet in width. c. All storage is screened from view of neighboring uses and public rights-of-way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this Ordinance. • Screening is provided via an eight foot high fence with privacy slats and landscaping materials both existing and proposed. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. • The proposed storage area will not take up required parking or loading spaces. e. All lighting be in compliance with Section 3, Subd. 4.F of this Ordinance. 0 No additional lighting is proposed f. The storage area is fenced and secured in an appropriate manner. • The proposal includes the addition of an eight foot high fence around the storage area. 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 storage area will be surfaced with bituminous asphalt where forklift traffic is anticipated and one inch river rock where the product is stored. h. All parking, loading and truck staging activities shall occur on site. On-street parking and loading associated with the use is prohibited. • All loading already occurs on site and the parking necessary for the use already exists. 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. • A condition of approval restricting the hours of operations to between 7:00 A.M. and 9:00 P.M. will reduce the possibility of conflict with nuisance regulations. 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. RECOMMENDATION The Planning and Zoning Board held a public hearing on this request at their June 13, 2012 regular meeting. One resident spoke in opposition to this request. The Board ultimately voted to recommend approval of the request with the conditions listed below. Staff recommends approval of the interim use permit based on the findings above, with the following conditions: 1. This interim use permit is issued to and applies only to the property at 7301 Apollo Drive. 2. This interim use permit is effective for five (5)years from the date of approval by the City Council. It shall be reviewed at that time. The City Council can extend it at the Council's discretion. Without such extension the permit shall expire. 3. Prior to commencing an construction activity authorized by this interim use permit, a permit or approval must be obtained from the Rice Creek Watershed District. Any conditions or requirements of the Watershed District approval are included by reference as conditions of this interim use permit. 4. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. 5. This interim use permit shall be recorded against the property. 6. The loading operations erations of the business are limited to the hours between 7:00 A.M. and 9:00 P.M. 7. The improvements depicted on the submitted plans shall be completed by August 25, 2012. ATTACHMENTS 1. Resolution Number 12-53, Interim Use Permit 2. Site/Landscape Plan, submitted May 4, 2012 3. Grading/Drainage Plan, submitted May 4, 2012 4. Details/Cross Sections, submitted May 4, 2012 Record ID 2509654 CIT OF E CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 12-53 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF LINO LAKES 2034727 . 009 I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 12-53, Approving an Interim Use Permit for open and outdoor storage as an accessory use in a light industrial zoning district at 7301 Apollo Court, approved by the Lino Lakes City Council on June 25, 2012, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the ... city seal on June 28, 2012. c, City Cler 600 Town Center Parkway, Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 Council Member Roeser introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 12-53 APPROVING AN INTERIM USE PERMIT FOR OPEN AND OUTDOOR STORAGE AS AN ACCESSORY USE IN A LIGHT INDUSTRIAL ZONING DISTRICT AT 7301 APOLLO COURT WHEREAS, the City has received an application for an Interim Use Permit for open and outdoor storage on the portion of the property at 7301 Apollo Court, and WHEREAS, Section 8, Subdivision l.K of the zoning ordinance allows for open and outdoor storage as an accessory 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. b. Conforms to the applicable performance standards of this Ordinance. • The proposed screening plan conforms to the screening requirements of the ordinance. c. The use is allowed in an interim use in the respective zoning district. • The Light Industrial zoning district includes one interim use at Sec. 8, Subd. 1.K.: open and outdoor storage as a principal or accessory 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. Resolution No. 12-53 page 2 • The site is guided and zoned for industrial use. The proposed activity will not increase demands on utilities or roadways. 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. • The proposed screening plan conforms to the screening requirements of the ordinance. d. Traffic generated by a proposed development application is within the capabilities of the City when level of service (LOS) requirements are met, roads have the structural capacity to accommodate projected traffic, and traffic generated will not require City street improvements. • Traffic will not exceed what is assumed within a Light Industrial zoning district. 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 currently 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. Resolution No. 12-53 page 3 • Adherence to the conditions of approval and City requirements will avoid negative impacts. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. • The site is already developed and has no significant 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 an accessory use. The proposed interim use permit complies with these specific standards as follows: Open and outdoor storage as a principal use provided that: a. A minimum setback of seventy-five (75) feet is provided along abutting residentially zoned properties. • The property to the west of this site is zoned R-1 (Single Family Residential) and the proposed outdoor storage will occur over 100 feet from the adjacent property. 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. • The property to the west of this site is zoned R-1 (Single Family Residential) and there is a buffer yard of over 100 feet in width. c. All storage is screened from view of neighboring uses and public rights-of-way via a fence or green belt planting strip or combination thereof in compliance with Section 3, Subd. 4.Q of this Ordinance. • Screening is provided via an eight foot high fence with privacy slats and landscaping materials both existing and proposed. d. The storage area does not take up parking space or loading space as required for conformity to this Ordinance. • The proposed storage area will not take up required parking or loading spaces. Resolution No. 12-53 page 4 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 proposal includes the addition of an eight foot high fence around the storage area. 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 storage area will be surfaced with bituminous asphalt where forklift traffic is anticipated and one inch river rock where the product is stored. h. All parking, loading and truck staging activities shall occur on site. On-street parking and loading associated with the use is prohibited. • All loading already occurs on site and the parking necessary for the use is already existing. 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. • A condition of approval restricting the hours of operations to between 7:00 A.M. and 9:00 P.M. will reduce the possibility of conflict with nuisance regulations. 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. 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: Conditions of Approval 1. This interim use permit is issued to and applies only to the property at 7301 Apollo Drive. 2. This interim use permit is effective for five (5) years from the date of approval by the Resolution No. 12-53 page 5 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. 3. Prior to commencing an construction activity authorized by this interim use permit,a permit or approval must be obtained from the Rice Creek Watershed District. Any conditions or requirements of the Watershed District approval are included by reference as conditions of this interim use permit. 4. Stormwater management measures must be implemented to the satisfaction of the City Engineer before and during activities authorized by this interim use permit. 5. This interim use permit shall be recorded against the property. 6. The loading operations of the business are limited to the hours between 7:00 A.M. and 8:00 P.M. 7. The improvements depicted on the submitted plans shall be completed by August 25, 2012. Jeff Reine Mayor Juli e Bartell, City��Ieir�k'� Adopted by the Lino Lakes City Council this 25th day of June , 2012. The motion for the adoption of the foregoing resolution was duly seconded by Council Member O'Donnell and upon vote being taken thereon,the following voted in favor thereof: Roeser, O'Donnell, Stoesz, Rafferty, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. Resolution No. 12-53 page 6 • + PROPERTY DESCRIPTION Property ID ;18-31-22-42-0009 Situs Address 17301 APOLLO CT NE , LINO LAKES, MN 55014-0000 'THAT PRT OF SE1/4 OF SEC 18 TWP 31 RGE 22 DESC AS FOL: COM AT NE COR OF SD 1/4,TH S 88 DEG 22 'MIN 57 SEC W, ASSD BRG, ALG N LINE OF SD 1/4 2099.84 FT,TH S 1 DEG 37 MIN 03 SEC E 648.37 FT,TH IS 88 DEG 22 MIN 57 SEC W 70 FT,TH S 1 DEG 37 MIN 03 SEC E 16 FT TO POB,TH S 88 DEG 22 MIN 57 ISEC W 131.85 FT,TH S 50 DEG 20 MIN 19 SEC W 203.19 FT,TH S 80 DEG 18 MIN 27 SEC W 225 FT TO W Property LINE OF SD 1/4,TH S 0 DEG 01 MIN 09 SEC W ALG SD W LINE 425 FT TO NWLY R/W LINE OF CITY OF LINO Description LAKES R/W PLAT NO 1, AKA APOLLO DR,TH NELY 414.82 FT ALG SD NWLY R/W LINE &ALG A NON TAN CUR CONC TO NW HAV A PAD OF799 FT&A CEN ANG OF 29 DEG 44 MIN 48 SEC&A CHORD BRG OF N 65 DEG 12 MIN 43 SEC E,TH N 50 DEG 20 MIN 29 SEC E TAN TO LAST DESC CUR 308.46 FT, TH N 39 DEG 39 MIN 31 SEC W 70.31 FT,TH NWLY 156.03 FT ALG A TAN CUR CONC TO NE HAV A PAD OF 235 FT&A CEN ANG OF 38 DEG 02 MIN 28 SEC,TH N 1 DEG 37 MIN 03 SEC Y W TAN TO LAST DESC CUR 30 FT TO POB, EX RD, SUBJ TO EASE OF REC ANOKA COtiNTY MINNESOTA Document No.: 2034727.009 ABSTRACT I hereby certify that the vAithin instrument Nv-as tiled in this office for record on: 07i0212012 11:36:00 AM Fees%Taxes In the Amount of: 546.00 LARRY W. DALIEN Anoka County Property Tax Administratou'Recorder:'Registrar, of Titles MDT, Deputy Record ID: 2509654