HomeMy WebLinkAbout2012-068 Council Resolution Council Member Roeser introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 12-68
RESOLUTION APPROVING CONDITIONAL USE PERMIT, TO ALLOW GRADING
AND EARTH REMOVAL AT 6221 HOLLY DRIVE, ENCOMPASS DIGITAL MEDIA
WHEREAS, Encompass Digital Media has submitted a request to the City to grant a
conditional use permit to allow earth material storage at 6221 Holly Drive.
WHEREAS, the legal description of the property is:
THE NW1/4 OF SEC 33 TWP 31 RGE 22, EX S 110 FT OF E 254 FT OF SE1/4 OF
SD 1/4, ALSO EX THAT PRT OF E1/2 OF SD 1/4 DESC AS FOL: BEG AT INTER OF
C/L OF HOLLY DR WITH A BRANCH OF CO DITCH NO 25, SD INTER BEING ON E
LINE OF SD 1/4, TH NWLY ALG SD DITCH 700 FT +OR- TO INTER/W ANOTHER
DITCH RUN IN NLY DIRECTION, TH NELY ALG SD DITCH 918 FT +OR- TO SD E
• LINE TH SLY ALG SD E LINE 907 FT +OR- TO POB, ALSOEX NW1/4 OF SD NW1/4,
ALSO EX THAT PRT OF NE1/4 OF SD NW1/4 DESC AS FOL: BEG AT NW COR
THEREOF, TH S 89 DEG 52 MIN 21 SEC E, ASSD BRG, ALG N LINE OF SD 1/4 1/4
450 FT, TH S 15 DEG 58 MIN 24 SEC W 1008 .32 FT, TH N 89 DEG 52 MIN 21 SEC
W 160 FT TO W LINE OF SD 1/4 1/4, TH N 0 DEG 44 MIN 23 SEC W ALG SD W
LINE 970.11 FT TO POB, ALSO EX THAT PRT OF SW1/4 OF SD NW1/4 DESC AS
FOL: BEG AT NW COR OF SD1/4 1/4, TH S 89 DEG 57 MIN 28 SEC E, ASSD BRG,
ALG N LINE OF SD SW1/4 OF NW1/4 1304.74 FT TO NE COR OF SD SW1/4 OF
NW1/4 TH S 25 DEG 18 MIN 53 SEC W 387.05 FT, TH N 22 DEG 0 MIN 26 SEC W
377.62 FTTO S D N LINE, TH N 89 DEG 57 MIN 28 SEC W ALG SD N LINE 332.74
FT, TH S 64 DEG 53 MIN 35 SEC W 729.37 FT TO W LINE OF SD SW1/4 OF NW1/4,
TH N 0 DEG 50 MIN 22 SEC W ALG SD W LINE 310 FT TO POB, TOG/WN 50 FT OF
NE1/4 OF SW1/4 OF SD SEC, EX E 254 FT THEREOF, EX RD, SUBJ TO EASE OF
REC
WHEREAS, the City's review is based on the plans received June 28, 2012.
WHEREAS, the Planning and Zoning Board met on July 11, 2012 and recommended
approval with a 6-0 vote, and
WHEREAS, the City Council held a public hearing on July 23, 2012, and
. WHEREAS the City Council of the City of Lino Lakes deems the following finding of
facts:
Resolution 12-68
Page 2
A. The proposed development application has been found to be consistent with
ithe policies and recommendations of the Lino Lakes Comprehensive Plan
including.
The excavation activity is consistent since it does not adversely affect the
existing or proposed uses of the site. It is a temporary activity that will
create more developable area on the site.
B. The proposed development application is compatible with present and future
land uses of the area.
The site is already developed with a satellite farm and the removal of the
earth berm will allow the potential for further development of the site
C. The proposed development application conforms to performance standards
herein and other applicable City Codes.
Adoption of the recommended requirements as outlined in the resolution
will solidify conformance to all standards and codes.
D. Traffic generated by a proposed development application is within the
capabilities of the City.
All traffic will be temporary and hauling will be governed by the Site
Performance Agreement.
E. The proposed development shall be served with adequate and safe water
supply.
Not applicable to this grading activity.
F. The proposed development shall be served with an adequate and safe
sanitary sewer system.
Not applicable to this grading activity.
G. The proposed development shall not result in the premature expenditures of
City funds on capital improvements necessary to accommodate the proposed
development.
No City improvements will be required for this grading activity, and the
Site Performance e Agreement includes conditions that will assure no
premature expenditures of funds will be caused by the project.
H. 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 12-68
Page 3
Monitoring of the activity by the City will ensure this work will not
become detrimental.
I. Will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
City staff and the appropriate agencies have reviewed the site to confirm
no deterioration of the site will occur.
WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of
approval included in this resolution, the following findings of fact apply as required by
section 3 Subdivision 11 of the Lino Lakes Zoning Ordinance.
1. Properly fence any pit or excavation, and barricade entrances to prevent
the general public from depositing garbage or refuse.
2. Slope the banks, and otherwise guard and keep any pit or excavation in
such condition as not to be dangerous because of sliding or caving banks.
3. Properly drain, fill, or level off any pit or excavation so as to make the
same safe and healthful as the permitting authority may determine.
4. Limit the depth of such excavation to an elevation no lower than the
minimum floor elevation for building construction as established by the
City Engineer, so as not to diminish development potential of the parcel.
5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or
other like and similar non-decomposable material. Concrete, asphalt,
metal, wood, and other debris shall be prohibited.
6. Require that all decomposable material, or other unsuitable foundation
material, be removed from an area before deposition of fill begins.
7. Prepare-a-siteplan showing existing and proposed grade elevations and
effect of storm water drainage on adjacent areas.
8. Specify a time when the excavation or land reclamation project shall be
completed.
9. Place a minimum of four (4) inches of top soil over the completed project
and establish appropriate ground cover within sixty (60) days of
completion, or in a time period consistent with the City's storm water
management and pollution prevention plan.
10. Reimburse the City for the cost of periodic inspections by the City for the
purpose of determining that the terms under which the permit has been
10 issued are being complied with.
Resolution 12-68
Page 4
11. Implement the tree preservation plan.
12. In addition to a conditional use permit, the City Engineer may determine
that permits in excess of twenty-five thousand (25,000) cubic yards
require the applicant to conduct a neighborhood meeting and to notify
affected property owners within one-quarter (1/4) mile.
13. Post a form of security and sum as the permitted authority may require,
running to the City, conditioned to pay the City the cost and expense of
repairing or cleaning any highways, streets, or other public ways within the
City made necessary by the special burden resulting from transporting
thereon by the applicant material to or from the site, the amount of such
cost to be determined by the Council; and conditioned further to comply
with all the requirements of this Ordinance and the particular permit, and
to save the City free and harmless from all suits or claims for damages
resulting from the negligent excavation, removal, storage, or filling of rock,
sand, dirt, gravel, clay, or other like material within the City.
14. Other conditions deemed appropriate to the application by the permitting
authority.
NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves a
conditional use permit to allow grading and earth removal at 6221 Holly Drive.
BE IT FURTHER RESOLVED THAT the following conditions apply:
1. The site grading plan must be signed by a licensed Civil Engineer within
the state of Minnesota.
2. All material hauling activity will be restricted to south on Holly Drive and
either east or west on County Road J. Truck traffic may not travel north
Holly Drive.
3. The applicant will be responsible for submitting to the City a fee of
$15,000 for the future replacement of Holly Drive.
4. A rock construction entrance shall be maintained at all times.
5. Street sweeping on Holly Drive shall occur as necessary.
6. All construction activity shall be limited to the hours set as follows:
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
7. Reimburse the City for the cost of periodic inspections by the City for the
10 purpose of determining that the conditions of approval are being met.
Resolution 12-68
Page 5
8. Post a form of security to the City, conditioned to pay the City the cost and
expense of repairing or cleaning any highways, streets, or other public
ways within the City made necessary by the special burden resulting from
transporting thereon by the applicant material to or from the site, the
amount of such cost to be determined by the Council; and conditioned
further to comply with all the requirements of this Ordinance and the
particular permit, and to save the City free and harmless from all suits or
claims for damages resulting from the negligent excavation, removal,
storage, or filling of rock, sand, dirt, gravel, clay, or other like material
within the City.
9. Permits from the Rice Creek Watershed District, if required, must be
submitted to the City prior to any activity. All activities on the site must
comply with the Rice Creek Watershed District requirements.
10. All excavation, erosion and sedimentation control, final site grading, and
restoration shall be completed by September 1, 2012.
11. The City will monitor traffic and hauling activities and have any necessary
adjustments made at the contractor's expense.
12. Applicant must place a minimum of four (4) inches of top soil over the
completed project and establish appropriate ground cover within 7 days of
grading operation inactivity.
13. Truck hauling signs shall be placed both north and south of the driveway
from Holly Drive.
This review is based on the following plans and information:
1. Site Map, Received June 29, 2012
2. Erosion Control Map, Rec ' e 12
Jeff ReirAd, Wyor
u i nne Bartell, Cit Cle•k
Adopted by the Lino Lakes City Council this 23rd day of July, 2012. 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:
Roeser, Rafferty, O'Donnell, Stoesz, Reinert
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
Record ID 2517257
CITY' "' OF
IN ICE
CITY OF LINO LAKES
CERTIFICATION
RESOLUTION NO. 12-68
STATE OF MINNESOTA)
COUNTY OF ANOKA) SS
CITY OF LINO LAKES) 2036251 . 001
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. 12-68, Approving
a Conditional Use Permit to allow Grading and Earth Removal at 6221 Holly Drive, approved by
the Lino Lakes City Council on July 23, 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 July 25, 2012.
City C erk
600 Town Center Parkway, Lino Lakes,MN 55014
Phone: 651-982-2400 Fax: 651-982-2499
Council MemberRoeser introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 12-68
RESOLUTION APPROVING CONDITIONAL USE PERMIT, TO ALLOW GRADING
AND EARTH REMOVAL AT 6221 HOLLY DRIVE, ENCOMPASS DIGITAL MEDIA
WHEREAS, Encompass Digital Media has submitted a request to the City to grant a
conditional use permit to allow earth material storage at 6221 Holly Drive.
WHEREAS, the legal description of the property is:
THE NW1/4 OF SEC 33 TWP 31 RGE22, EXS110FTOFE254FTOFSE1/4OF
SD 1/4, ALSO EX THAT PRT OF E1/2 OF SD 1/4 DESC AS FOL: BEG AT INTER OF
C/L OF HOLLY DR WITH A BRANCH OF CO DITCH NO 25, SD INTER BEING ON E
LINE OF SD 1/4, TH NWLY ALG SD DITCH 700 FT +OR-TO INTER/W ANOTHER
DITCH RUN IN NLY DIRECTION, TH NELY ALG SD DITCH 918 FT +OR- TO SD E
LINE TH SLY ALG SD E LINE 907 FT +OR- TO POB, ALSOEX NW1/4 OF SD NW1/4,
ALSO EX THAT PRT OF NE1/4 OF SD NW1/4 DESC AS FOL: BEG AT NW COR
THEREOF, TH S 89 DEG 52 MIN 21 SEC E, ASSD BRG, ALG N LINE OF SD 1/4 1/4
450 FT, TH S 15 DEG 58 MIN 24 SEC W 1008 .32 FT, TH N 89 DEG 52 MIN 21 SEC
W 160 FT TO W LINE OF SD 1/4 1/4, TH N 0 DEG 44 MIN 23 SEC W ALG SD W
LINE 970.11 FT TO POB, ALSO EX THAT PRT OF SW1/4 OF SD NW1/4 DESC AS
FOL: BEG AT NW COR OF SD1/4 114, TH S 89 DEG 57 MIN 28 SEC E, ASSD BRG,
ALG N LINE OF SD SW1/4 OF NW1/4 1304.74 FT TO NE COR OF SD SW1/4 OF
NW1/4 TH S 25 DEG 18 MIN 53 SEC W 387.05 FT, TH N 22 DEG 0 MIN 26 SEC W
377.62 FTTO S D N LINE, TH N 89 DEG 57 MIN 28 SEC W ALG SD N LINE 332.74
FT, TH S 64 DEG 53 MIN 35 SEC W 729.37 FT TO W LINE OF SD SW1/4 OF NW1/4,
TH N 0 DEG 50 MIN 22 SEC W ALG SD W LINE 310 FT TO ROB, TOG/WN 50 FT OF
NE1/4 OF SW1/4 OF SD SEC, EX E 254 FT THEREOF, EX RD, SUBJ TO EASE OF
REC
WHEREAS, the City's review is based on the plans received June 28, 2012.
WHEREAS, the Planning and Zoning Board met on July 11, 2012 and recommended
approval with a 6-0 vote, and
WHEREAS, the City Council held a public hearing on July 23, 2012, and
WHEREAS the City Council of the City of Lino Lakes deems the following finding of
facts:
Resolution 12-68
Page 2
A. The proposed development application has been found to be consistent with
the policies and recommendations of the Lino Lakes Comprehensive Plan
including.
The excavation activity is consistent since it does not adversely affect the
existing or proposed uses of the site. It is a temporary activity that will
create more developable area on the site.
B. The proposed development application is compatible with present and future
land uses of the area.
The site is already developed with a satellite farm and the removal of the
earth berm will allow the potential for further development of the site
C. The proposed development application conforms to performance standards
herein and other applicable City Codes.
Adoption of the recommended requirements as outlined in the resolution
will solidify conformance to all standards and codes.
D. Traffic generated by a proposed development application is within the
capabilities of the City.
All traffic will be temporary and hauling will be governed by the Site
Performance Agreement.
E. The proposed development shall be served with adequate and safe water
supply.
Not applicable to this grading activity.
F. The proposed development shall be served with an adequate and safe
sanitary sewer system.
Not applicable to this grading activity.
G. The proposed development shall not result in the premature expenditures of
City funds on capital improvements necessary to accommodate the proposed
development.
No City improvements will be required for this grading activity, and the
Site Performance Agreement includes conditions that will assure no
premature expenditures of funds will be caused by the project.
H. 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 12-68
Page 3
Monitoring of the activity by the City will ensure this work will not
become detrimental.
I. Will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
City staff and the appropriate agencies have reviewed the site to confirm
no deterioration of the site will occur.
WHEREAS, the City Council of the City of Lino Lakes finds that, with the conditions of
approval included in this resolution, the following findings of fact apply as required by
section 3 Subdivision 11 of the Lino Lakes Zoning Ordinance.
1. Properly fence any pit or excavation, and barricade entrances to prevent
the general public from depositing garbage or refuse.
2. Slope the banks, and otherwise guard and keep any pit or excavation in
such condition as not to be dangerous because of sliding or caving banks.
3. Properly drain, fill, or level off any pit or excavation so as to make the
same safe and healthful as the permitting authority may determine.
4. Limit the depth of such excavation to an elevation no lower than the
minimum floor elevation for building construction as established by the
City Engineer, so as not to diminish development potential of the parcel.
5. Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or
other like and similar non-decomposable material. Concrete, asphalt,
metal, wood, and other debris shall be prohibited.
6. Require that all decomposable material, or other unsuitable foundation
material, be removed from an area before deposition of fill begins.
7. Prepare-a-site plan showing existing and proposed grade elevations and
effect of storm water drainage on adjacent areas.
8. Specify a time when the excavation or land reclamation project shall be
completed.
9. Place a minimum of four (4) inches of top soil over the completed project
and establish appropriate ground cover within sixty (60) days of
completion, or in a time period consistent with the City's storm water
management and pollution prevention plan.
10. Reimburse the City for the cost of periodic inspections by the City for the
purpose of determining that the terms under which the permit has been
issued are being complied with.
Resolution 12-68 P
Page 4
11. Implement the tree preservation plan.
12. In addition to a conditional use permit, the City Engineer may determine
that permits in excess of twenty-five thousand (25,000) cubic yards
require the applicant to conduct a neighborhood meeting and to notify
affected property owners within one-quarter (1/4) mile.
13. Post a form of security and sum as the permitted authority may require,
running to the City, conditioned to pay the City the cost and expense of
repairing or cleaning any highways, streets, or other public ways within the
City made necessary by the special burden resulting from transporting
thereon by the applicant material to or from the site, the amount of such
cost to be determined by the Council; and conditioned further to comply
with all the requirements of this Ordinance and the particular permit, and
to save the City free and harmless from all suits or claims for damages
- resulting from the negligent excavation, removal, storage, or filling of rock,
sand, dirt, gravel, clay, or other like material within the City.
14. Other conditions deemed appropriate to the application by the permitting
authority.
NOW, THEREFORE, BE IT-RESOLVED THAT the Lino Lakes City Council approves a
conditional use permit to allow grading and earth removal at 6221 Holly Drive.
BE IT FURTHER RESOLVED THAT the following conditions apply:
1. The site grading plan must be signed by a licensed Civil Engineer within
the state of Minnesota-.
2. All material hauling activity will be restricted to south on Holly Drive and
either east or west on County Road J. Truck traffic may not travel north
Holly Drive.
3. The applicant will be responsible for submitting to the City a fee of
$15,000 for the future replacement of Holly Drive.
4. A rock construction entrance shall be maintained at all times.
5. Street sweeping on Holly Drive shall occur as necessary.
6. All construction activity shall be limited to the hours set as follows:
Monday through Friday 7:00 a.m. to 7:00 p.m.
Saturday 9:00 a.m. to 5:00 p.m.
Sunday and Holidays No working hours allowed
7. Reimburse the City for the cost of periodic inspections by the City for the
purpose of determining that the conditions of approval are being met.
Resolution 12-68
Page 5
8. Post a form of security to the City, conditioned to pay the City the cost and
expense of repairing or cleaning any highways, streets, or other public
ways within the City made necessary by the special burden resulting from
transporting thereon by the applicant material to or from the site, the
amount of such cost to be determined by the Council; and conditioned
further to comply with all the requirements of this Ordinance and the
particular permit, and to save the City free and harmless from all suits or
claims for damages resulting from the negligent excavation, removal,
storage, or filling of rock, sand, dirt, gravel, clay, or other like material
within the City.
9. Permits from the Rice Creek Watershed District, if required, must be
submitted to the City prior to any activity. All activities on the site must
comply with the Rice Creek Watershed District requirements.
10. All excavation, erosion and sedimentation control, final site grading, and
restoration shall be completed by September 1, 2012.
11. The City will monitor traffic and hauling activities and have any necessary
adjustments made at the contractor's expense.
12. Applicant must place a minimum of four (4) inches of top soil over the
completed project and establish appropriate ground cover within 7 days of
grading operation inactivity.
13. Truck hauling signs shall be placed both north and south of the driveway
from Holly Drive.
This review is based on the following plans and information:
1. Site Map, Received June 29, 2012
2. Erosion Control Map, Rec ' e 12
Jeff ReirAry, MAyor
u i nne Bartell, Cit Cie*
Adopted by the Lino Lakes City Council this 23rd day of July, 2012. The motion for the
adoption of the foregoing resolution was duly seconded by Council Member
Raffes-J�7 and upon vote being taken thereon, the following voted in favor
thereof:
Roeser, Rafferty, O'Donnell, Stoesz, Reinert
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted.
ANOKA COUNTY MItiNFSOTA
Doctunent No.: 2036251.001 ABSTRACT
I hereby cerlIA that the \-v ithin instrument vvgas filed in Ibis
office for record on: 073012012 3:22:00 PSI
Fees-'Taxes In the Amount of: $46.00
LARRY W. D_LIEN
Anoka County Property Tax
Administrator;'Recoi-der,Registrar of Titles
XIDT, Deputy
Record ID: 2517257