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HomeMy WebLinkAbout2012-101 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 12-101 RESOLUTION APPROVING AMENDED CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF SATELLITE FACILITY 6221 HOLLY DRIVE,ENCOMPASS DIGITAL MEDIA WHEREAS, Encompass Digital Media has submitted a request to the City to amend the conditional use permit to allow expansion of the existing satellite facility at 6221 Holly Drive; and WHEREAS,the legal description of the property is: Parcel 1: The North 50 feet of the Northeast Quarter of the Southwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota, Except the East 254 feet thereof, according to the United States Government Survey thereof on file and of record in the office of the Register of Deeds in and for said County. Parcel 2: The Northwest Quarter of Section 33,Township 31 North, Range 22 West, Anoka County, Minnesota, Excepting therefrom the following parcels: 1. The South 110.00 feet of the East 254.00 feet of the Southeast Quarter of said Northwest Quarter of said Section 33,Township 31, Range 22, as measured along and parallel with the South and East lines of said Quarter section. 2. The portion commencing at a point on the North-South centerline of said Section 33 which is approximately 300 feet North of the East-West centerline of said Section, being the point of intersection of the centerline of the Public Ditch and said North- South centerline; thence Northwesterly along the centerline of said ditch a distance of 700 feet, more or less, to the centerline of another Public Ditch; thence Northeasterly along the last mentioned Public Ditch centerline a distance of 918 feet, more or less, to the point of intersection with the previously mentioned North-South centerline of Section 33; thence South along the centerline of said Section 33, a distance of 907 feet, more or less, to the point of beginning. 3. The Northwest Quarter of the Northwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota. 4. That part of the Northeast Quarter of the Northwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota, described as beginning at the Northwest corner of said Northeast Quarter of the Northwest Quarter of Section 33; thence South 89 degrees 52 minutes 21 seconds East, assumed bearing, along the North line of said Northeast Quarter of the Northwest Quarter a distance of 450.00 feet; thence South 15 degrees 5$ minutes 24 seconds West 1,008.32 feet; thence North 89 degrees 52 minutes 21 seconds West 160.00 feet to the West line of said Northeast Quarter of the Northwest Quarter; thence North 00 degrees 44 minutes 23 0 seconds West along said West line a distance of 970,11 feet to the point of beginning. 41 S. That part of the Southwest Quarter of the Northwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota, described as beginning at the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section 33; thence South 89 degrees 57 minutes 28 seconds East, assumed bearing, along the North line of said Southwest Quarter of the Northwest Quarter a distance of 1,304.74 feet to the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence South 25 degrees 18 minutes 53 seconds West 387.05 feet; thence North 22 degrees 00 minutes 26 seconds West a distance of 377.62 feet to said North line; thence North 89 degrees 57 minutes 28 seconds West along said North line a distance of 332.74 feet; thence South 64 degrees 53 minutes 35 seconds West a distance of 729.37 feet to the West line of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 50 minutes 22 seconds West along said West line 310.00 feet to the point of beginning. Property ID: 33-31-22-21-0003 ;and WHEREAS,the City's review is based on the plans received September 4, 2012; and WHEREAS,the Planning and Zoning Board held a public hearing on September 12, 2012 and unanimously recommended approval with conditions; and WHEREAS,the City Council of the City of Lino Lakes makes the following findings: . a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. b. The proposed development application is compatible with present and future land uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by a proposed development application is within the capabilities of the City. 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. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. NOW, THEREFORE,BE IT RESOLVED THAT the Lino Lakes City Council approves the amended conditional use permit to allow the expansion of the satellite facility at 6221 Holly Drive. BE IT FURTHER RESOLVED THAT the following conditions apply: 1. A revised landscaping plan should be submitted identifying location and types of plantings. 2. Earth moving operation, approved under Resolution No. 12-68 will be completed by November 1, 2012. Exposed soils will be covered in accordance with city requirements. 3. A site performance agreement will be executed by the applicant and the City. 4. All building construction will be completed in accordance with building code requirements. Adopted by the Lino Lakes City Council this 24th day of September, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon,the following voted in favor thereof: Rafferty, Stoesz, O'Donnell, Roeser, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. z7i Jeff Reinert or ATTEST: ie artell, C' y Cletk- CITY COUNCIL AGENDA ITEM 6B STAFF ORIGINATOR: Michael Grochala MEETING DATE: September 24, 2012 TOPIC: Consider Resolution 12-101 Amending Conditional Use Permit for Satellite Facility Expansion, Encompass Digital Media VOTE REQUIRED: 3/5 INTRODUCTION Encompass Digital Media, operators of the satellite farm at 6221 Holly Drive, are requesting an amended conditional use permit to allow the construction of a 48 x 56 feet (2,688 sq.ft.) building and the placement of a new satellite antenna on the existing site. SCHEDULE OF ACTIONS: Planning&Zoning Board September 12, 2012 City Council September 24, 2012 Action Deadline October 15, 2012 (may be extended) BACKGROUND Since approximately 1984, Encompass Digital Media or its preceding owners have operated a satellite and fiber optic communications facility on a small portion(5 acres) of the 101 acre site. The City Council recently approved a Conditional Use Permit for the site in August to allow for removal of the earth berm on the south side of the property. Overall the City has reviewed eight(8) conditional use permits for this site since 1984. ANALYSIS Zoning: The site is zoned R, Rural. Commercial and public radio and television transmitting antennas are allowed by conditional use permit. Comprehensive Plan: The site is guided for Civic/Institution uses recognizing this unique land use. Planned Site Modifications 1. The applicant proposes to construct a 48 X 56 feet(2,688 sq.ft.) building to house new electronic equipment. The building will be located to the west of the main building with the same exterior appearance. The building will be a natural concrete gray with a "raked" finish. II 2. The applicant proposes to construct a single satellite antenna with a diameter of 13.2 meters (approximately 43 feet) and 48 feet in height. The antenna will be oriented to the SE. 3. The applicant proposes to relocate four(4) of the existing antennas on the site. 4. The applicant proposes to install new perimeter fencing of 8 to 10 feet in height. Landscape plantings are proposed for the southwest corner of the facility. 5. Earth berm removal. Removal of the berm was approved under a separate conditional use permit. The completion of the activity was defined in the CUP as September 1, 2012. The applicant has requested an extension of time to facilitate the site improvements. PLANNING AND ZONING BOARD The Planning and Zoning Board held a public hearing and reviewed the Conditional Use Permit request on September 12, 2012. The board voted unanimously to recommend approval of the request with the following conditions: 1. A revised landscaping plan should be submitted identifying location and types of plantings. 2. Earth moving operation will be completed by November 1, 2012. Exposed soils will be covered in accordance with city requirements. 3. A site performance agreement will be executed by the applicant and the City. 4. All building construction will be completed in accordance with building code requirements. FINDINGS 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. b. The proposed development application is compatible with present and future land uses of the area. C. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by a proposed development application is within the capabilities of the City. 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. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. RECOMMENDATION As noted this facility has been in operation for the past 28 years. The proposed modifications are consistent with the general operation of the facility. The proposed use is consistent with the zoning of the property and the proposed land use as specified in the comprehensive plan. Due to the low intensity of site activity the proposed use is compatible with adjacent existing and future uses. The site is consistent with performance standards regarding tower and antenna facilities. The site operation does not generate traffic that exceeds the capabilities of streets. The site does not generate nuisances that would be detrimental to neighboring properties. Staff is recommending approval of Resolution No. 12-101 amending a conditional use permit to allow for the expansion of a satellite facility subject to the following conditions: 1. A revised landscaping plan should be submitted identifying location and types of plantings. 2. Earth moving operation will be completed by November 1, 2012. Exposed soils will be covered in accordance with city requirements. 3. A site performance agreement will be executed by the applicant and the City. 4. All building construction will be completed in accordance with building code • requirements. ATTACHMENTS 1. Resolution No. 12-101 2. Site Map 3. Proposed Development 4. Erosion Control Map 5. Building Elevation Photo • N Ir to 0ko FENCE Generator 892' Wetland o us o Z -- - h 893' Upland v o 8 0 W � E - mLn W) O - EQUIP EQUIP w [:EQUIP BLDG BLDG < t2'GRAVEL DRIVEWAY 'YBDG GRAVEL a �eX\V a s - GRAVEL Upland V D S GRAVEL Wetland - J�x2p ' 894 GRAVEL e M Generator - GRAVEL `tc C Cb GRASS BLDG GRASS 0, ONE STORY 8 G VEL BRICK BLDG �E � _ 2375.E SOFTo a Floor Elev.=897.2' t / 8gs, 894 `Diesel r N Tank west N 89 ❑ ❑ 895' r g9 a s GRASS Elect. 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GRASS 896' Boxes GRASS BLDG 12 • ® © z 897' a 3 w Is o i e_ z 0 z 5 o f o' g --� GRASS GRASS z 0 z LL / GRASS o N F o = NZwo ~ Z �I GRASS Ell 89), a U- co z LMove Blue Dishes 0 Q O i2 from old location � M 0 0 00 7�drj to this location once �� Q (/) W O berm removed. �i9j Z W w w 896' ~ _.WeNand g Y a0 892' 0 15 30 60 FEET - - - w z W a POND SHEET N0. 2 OF 3 N 00 LO N N FENCE 892' Wetland o z m 0 - US o {"� -- —{ }— Y z i Aland o oLO W E -- 3 m M EQUIP EQUIP w � ^ BLDG I Y ==� BLDG � 12'GRAVEL DRIVEWAY a o Li GRAVEL U a pland V D D GRAVEL LO GRAVE I S ' Wetland Generator g93 c VIE/ 894' o , 6 GRAVEL o= f l G SS BLDG GRASS ONE STORY mE i 'b7 � � , � BRICK BLDG 2375.6 SQFT _ Floor Elev.=897.2' 1 i I ti ' F E$Y z 0 �` _. - .n.__... ...e...,....._ _ Diesel 1 r r€� 7' Tank ® F T oN y 895' T 09 m o E $a o B GRASS � IF L T tgFam 3 Elect. Boxes GRASS GRASS �,. 896' r r 1$ BLDG 12 ° ® 19 z 1 o 897' I� mac' F w j 0 p Z ( Z 0 15 30 60FEET W � w 0 a GRASS � S /' G � � Z<aaz LL z w GRASS N N o w< 0 z o S w z ` I z 'w > t E o W 3 GRASS 89 I�\ U ILL LoveBlueDishes - __ w < O 0 from old location \ Q p to this location once Q U) Z O ` _ berm removed. / H Z O �L z U U w z LU Ic U cn O j 8 6, _...__ � Q w eNa� g < O w . a SILTFENCE/BIOLOG 892' - _ - -w_- v__ J —_ --- ° o _.._. --- — Z Z v HAYBALE CHECK DAM POND SHEET N0. 3 OF 3 ,ter... . a ry { ISO > r 1 Record ID 2535018 : ITY' k Cat LL -- KE 2039876 . 002 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 12-101 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 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. 12-101, Approving an Amended Conditional Use Permit to Allow Expansion of the Satellite Facility at 6221 Holly Drive, approved by the Lino Lakes City Council on September 24, 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 September 25, 2012. i lerk �4/ 600 Town Center Parkway,Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 12-101 RESOLUTION APPROVING AMENDED CONDITIONAL USE PERMIT TO ALLOW EXPANSION OF SATELLITE FACILITY 6221 HOLLY DRIVE, ENCOMPASS DIGITAL MEDIA WHEREAS,Encompass Digital Media has submitted a request to the City to amend the conditional use permit to allow expansion of the existing satellite facility at 6221 Holly Drive; and WHEREAS,the legal description of the property is: Parcel 1: The North 50 feet of the Northeast Quarter of the Southwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota, Except the East 254 feet thereof, according to the United States Government Survey thereof on file and of record in the office of the Register of Deeds in and for said County. Parcel 2: The Northwest Quarter of Section 33, Township 31 North, Range 22 West, Anoka County, Minnesota, Excepting therefrom the following parcels: 1.The South 110.00 feet of the East 254.00 feet of the Southeast Quarter of said Northwest Quarter of said Section 33,Township 31, Range 22, as measured along and parallel with the South and East lines of said Quarter section. 2.The portion commencing at a point on the North-South centerline of said Section 33 which is approximately 300 feet North of the East-West centerline of said Section, being the point of intersection of the centerline of the Public Ditch and said North- South centerline; thence Northwesterly along the centerline of said ditch a distance of 700 feet, more or less, to the centerline of-another Public Ditch; thence Northeasterly along the last mentioned Public Ditch centerline a distance of 918 feet, more or less, to-the point-of intersection-with the previously mentioned North-South centerline of Section 33; thence-South along the centerline of said Section 33, a distance of 907 feet, more or less, to the point of beginning. 3. The Northwest Quarter of the Northwest:Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota. 4. That part of the Northeast Quarter of the Northwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota, described as beginning at the Northwest corner of said Northeast Quarter of the Northwest Quarter of Section 33; thence South 89 degrees 52 minutes 21 seconds East, assumed bearing,along the North line of said Northeast Quarter of the Northwest Quarter a distance of 450.00 feet; thence South 15 degrees 58 minutes 24 seconds West 1,008.32 feet; thence North 89 degrees 52 minutes 21 seconds West 160.00 feet to the West line of said Northeast Quarter of the Northwest Quarter; thence North 00 degrees 44 minutes 23 seconds West along said West line a distance of 970.11 feet to the point of beginning. 5. That part of the Southwest Quarter of the Northwest Quarter of Section 33, Township 31, Range 22, Anoka County, Minnesota, described as beginning at the Northwest corner of said Southwest Quarter of the Northwest Quarter of Section 33; thence South 89 degrees 57 minutes 28 seconds East, assumed bearing, along the North line of said Southwest Quarter of the Northwest Quarter a distance of 1,304.74 feet to the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence South 25 degrees 18 minutes 53 seconds West 387.05 feet; thence North 22 degrees 00 minutes 26 seconds West a distance of 377.62 feet to said North line; thence North 89 degrees 57 minutes 28 seconds West along said North line a distance of 332.74 feet; thence South 64 degrees 53 minutes 35 seconds West a distance of 729.37 feet to the West line of said Southwest Quarter of the Northwest Quarter; thence North 00 degrees 50 minutes 22 seconds West along said West line 310.00 feet to the point of beginning. Property ID: 33-31-22-21-0003 ;and WHEREAS,the City's review is based on the plans received September 4, 2012; and WHEREAS,the Planning and Zoning Board held a public hearing on September 12, 2012 and unanimously recommended approval with conditions; and WHEREAS,the City Council of the City of Lino Lakes makes the following findings: a. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan. b. The proposed development application is compatible with present and future land uses of the area. c. The proposed development application conforms to performance standards herein and other applicable City Codes. d. Traffic generated by-a proposed development application is within the capabilities of the City. 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. f. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. NOW, THEREFORE, BE IT RESOLVED THAT the Lino Lakes City Council approves the amended conditional use permit to allow the expansion of the satellite facility at 6221 Holly Drive. BE IT FURTHER RESOLVED THAT the following conditions apply: 1. A revised landscaping plan should be submitted identifying location and types of plantings. 2. Earth moving operation, approved under Resolution No. 12-68 will be completed by November 1, 2012. Exposed soils will be covered in accordance with city requirements. 3. A site performance agreement will be executed by the applicant and the City. 4. All building construction will be completed in accordance with building code requirements. Adopted by the Lino Lakes City Council this 24th day of September, 2012. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon,the following voted in favor thereof: Rafferty, Stoesz, O'Donnell, Roeser, Reinert The following voted against same: none Whereupon said resolution was declared duly passed and adopted. Jeff Reinert or ATTEST: h Be artell, C' y Cle c- T A-M)KA CO N I'Y MINNESOTA Document No.: 2039876.002 ABSTRACT I hereby ccrtif} that tha within instruit1cnt vyas tiled in this office for record on: 09'28i2012 10:42:00 AAI Fees/Taxes In the Amount of: $46.00 LARRY W. DAL-IEN -Aiioka County Property Tax Adniinistrator'Recorder)Registrar of Titles A,IF,W, Deputy Record Ill: 2535U18