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HomeMy WebLinkAbout2007-087 Council Resolution Council MemberReinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-87 RESOLUTION APPROVING CONDITIONAL USE PERMIT, TO ALLOW EARTH MATERIAL EXCAVATION AT 6497 12T"AVE SOUTH AND 6510 12T"AVENUE SOUTH, AIT WHEREAS, AIT has submitted a request to the City to grant a conditional use permit to allow earth material storage at 6497 12th Avenue South and 6510 12th Avenue South. WHEREAS, the legal description of the property is: PARCEL A Northeast Quarter of the Southeast Quarter of section 28, Township 31, Range 22 Less and Except: All that part of the northeast quarter of the southeast quarter of section 28, Township 31 North, Range 22 West. Anoka County Minnesota, described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of said section 28; thence North 88 degrees 56 minutes 18 seconds West 835.00 feet along the northerly line of said northeast quarter of the southeast quarter (basis for bearings);; thence south 01 degrees 03 minutes 42 seconds west, 88.66 feet to the southerly right of way line of County State Aid Highway No. 10, according to the Anoka County Highway Right of way plat No. 11, as recorded in the Anoka County Recorder's Office in and for said Anoka County, and said point also being the point of beginning; thence continuing South 01 degrees 03 minutes 42 seconds west, 207.22 feet; thence North 88 degrees 56 minutes 18 seconds west 20; thence North 01 degrees 03 minutes 42 seconds east, 212.27 feet to said southerly right of way of County State Aid Highway No. 10; thence easterly along said southerly Right of Way, 205.06 feet along the arc of a non-tangential curve concave to the North having a central angle of 01 degrees 02 minutes 06 seconds and a radius of 11519.16 feet, the long chord of which of 01 degrees 02 minutes 06 seconds and a radius of 11519.16 feet, the long chord of which bears South 87 degrees 32 minutes 52 seconds East, 208.06 feet to the point of beginning. - 119- Resolution 07-87 Page 2 PARCEL B The east half of the Southeast Quarter of the Southeast Quarter, Section 28, Township 31, Range 22, Except the south 600 feet thereof, Anoka County, Minnesota WHEREAS, the City's review is based on the site plan received May 31, 2007 and Memo dated April 23, 2007. WHEREAS, the planning commission held a public hearing on the application on May 9, 2007 and recommended approval with a 5-1 vote and, WHEREAS the City Council of the City of Lino Lakes deems the following finding of facts: 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 a pond and wetland on the parcels. • B. The proposed development application is compatible with present and future land uses of the area. The site can be developed as low density sewered residential upon completion of the activity. 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 confomtance to all standards and codes. D. Traffic generated by a proposed development application is within the capabilities of the City when. Temporary trench crossing units and construction fencing installed. 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. - 120- Resolution 07-87 Page 3 i 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. 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. Monitoring of the activity by the City will ensure this work will not become excessive. 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 CityCouncil 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 12 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. - 121 - Resolution 07-87 Page 4 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. 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 earth material storage at 6644 20thavenue south. BE IT FURTHER RESOLVED THAT the following conditions apply: • 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24-hour telephone number of the - 122- Resolution 07-87 Page 5 responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrances to prevent the general public from depositing garbage or refuse. 4. Must provide a tree preservation plan or limit excavation of material to a minimum of 50 feet from any trees. 5. All material hauling activity must use the designated haul route shown on Exhibit C. The haul route will cross the LaMotte property to the City owned Birch Park. From Birch Park the haul route will enter city streets to access The Preserve using two routes; 1) Enter Pheasant Run South on the north side of Birch Park and continue on Pheasant Run South to the east side of the The Preserve; 2) Enter Pheasant Run South on the North Side of Birch Park to Aspen Lane and then South on Killdeer Drive to the west side of The Preserve. 6. All areas and City Streets where hauling activity occurs will be video taped previous to excavation commencing at the site. The applicant will be responsible for repairing any damage to City streets or park caused by the hauling activity. 7. Previous to any activity on the site the applicant will be required to hold a neighborhood meeting to notify affected property owners along the haul route and within one-quarter of a mile of the site. 8. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side slopes. 9. Only topsoil will be allowed to be brought into the site. 10. A rock trench entrance shall be installed and maintained at all times. 11. Dust and wind erosion must be confined to the site and be controlled by watering the driveway as necessary. 12. Street sweeping shall occur as necessary. 13. All construction activity shall be limited to the hours set as follows: - 123- Resolution 07-87 Page 6 Monday through Friday 8:00 a.m. to 4:30 p.m. Saturday 9:00 a.m. to 4:30 p.m Sunday and Holidays No working hours allowed 14. 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. 15. 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. 16. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 17. All excavation, erosion and sedimentation control, final site grading, 9, and restoration shall be completed by November 1, 2007. 18. The City will monitor traffic and hauling activities and have any necessary adjustments made at the contractor's expense. 19. Trucks will be limited to a maximum speed of 20 mph on City Streets. 20. Wood chips will be placed on the haul route in the turf areas of Birch Park. 21. Any damaged irrigation will be replaced at the developer's expense. 22. Snow fence will be installed along both sides of the haul route through Birch Park. 23. The haul route through Birch Park will have the topsoil replaced and hydro seeded at the developer's expense. • 24. The stockpile area will be limited to a maximum of 25 feet high. - 124- Resolution 07-87 Page 7 • 25. Areas that will not be worked on within 48 hours are required to be hydro-seeded. Jon Ber66sonrMayor n e Bartell, Ci C rk Adopted by the Lino Lakes City Council thisTjday of July, 2007. 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: Reinert, O'Donnell, Carlson, Bergeson The following voted against same: none (Absent - Stoltz) Whereupon said resolution was declared duly passed and adopted. • • - 125- AGENDA ITEM 613 40 STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: July 23, 2007 TOPIC: Resolution No. 07 - 87, Approving Conditional Use Permit AIT— Earth Material Excavation (6497 12th Avenue South) Vote Required: Simple Majority BACKGROUND AIT is applying for a Conditional Use Permit for earth material excavation near the southwest corner of the intersection of Birch Street (CSAH 34) and 12th Avenue South. The site consists of a 35.4 acre parcel (6510 12th Avenue South) and a 10.34 parcel (6497 12th Avenue South) located on the west side of 12th Avenue South and the south side of Birch Street, as shown on the attached Exhibit A. The amount of material proposed for excavation from the site is approximately 60,000 cubic yards, with all of the excavated material being hauled to and deposited on The Preserve development (Integra Homes Site). The grading plan (attached Exhibit B) dated May 31, 2007, displaying the site layout, proposed excavation areas, silt fence locations, and existing wetlands has been adjusted since the May 9, 2007 Planning and Zoning meeting. The hauling route has also been adjusted since the Planning and Zoning meeting to minimize use of City roadways as shown on attached Exhibit C. A conditional use permit may be issued if all the criteria have been met as defined in the resolution of this report. Section 3, Subdivision 12 of the zoning ordinance for Earth Moving and Land Reclamation provides a list of conditions as a prerequisite that the City may use for granting a permit. Those conditions that the City may deem necessary are as follows: 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. - 112- • AIT CUP—Materials Storage (6497 12t`Avenue South) Page 2 of 7 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. M11. 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. • The Preserve preliminary plat, Resolution 06-137 was approved at the August 28, 2006 City Council Meeting. The preliminary plat for The Preserve is shown on the attached Exhibit C. - 113- ri AIT CUP—Materials Storage(6497 12th Avenue South) Page 3 of 7 The properties at 6510 12th Avenue South and 6497 12th Avenue South are owned by Alwin and Agnes LaMotte. An application for Grading Permit that names AIT as the general contract has been submitted to the City by Alwin and Agnes LaMotte. The City has sent a public hearing notice to the surrounding home owners to inform them of the proposed Conditional Use Permit and has invited anyone wishing to be heard regarding this item to attend the public hearing. This Conditional Use Permit has been forwarded to the Anoka County Highway Department. Anoka County will not require any permits since the access to the site does not use a County Road. The Conditional Use Permit was submitted to the City on April 9, 2007. A letter was sent to the applicant to extend the deadline for 60 days (120 total days). The deadline for the Conditional Use Permit in which the City must take action is August 5, 2007. This date requires the City Council to take action by their July 23 meeting. ANALYSIS Comprehensive Plan, Land Use and Zoning: The table below identifies the existing land use and zoning as well as guided land uses for the area. Also, attached are Exhibits D and E that show the Existing Zoning and Guided Land Use respectively. Locatio Existing Land Use Guided Land Use Existing Zoning n Site Rural Low Density Sewered Single Family Executive Residential North Single Family Low Density Sewered Single Family Executive PDO Executive PDO Residential South Single Family Low Density Sewered Single Family Executive and Executive and Single Residential Single Family Executive PDO Family Executive PDO East Single Family Low Density Sewered Single Family Executive and Executive and Rural Residential Rural West Single Family Low Density Sewered Single Family Residential Residential Residential - 114- AIT CUP—Materials Storage(6497 12t'Avenue South) Page 4 of 7 SITE PLAN Buildings: Two homes and four outbuildings exist on the site. The homes and outbuildings will not be affected by the site excavation. Traffic: The proposed haul route for the excavated materials from the AIT excavation site to The Preserve will utilize the Lamotte Parcel and the City owned Birch Park as shown on attached Exhibit C. From Birch Park the following City streets will be utilized for hauling; Pheasant Run South (Birch Park to south end), Aspen Lane (Pheasant Run South to Killdeer Drive), Killdeer Drive (Aspen Lane to south end) . The estimated number of scrapper trips to haul the 60,000 cubic yards is 3,530. Scapper hauling would be restricted to 8:OOam to 4:30pm Monday through Friday and 9:OOam to 4:30pm on Saturday with no construction activity allowed on Sunday. Anoka County will not require any permits. Temporary Trench Crossing Units will be used to cross the ditch section and the wetland area just east of Birch Park. Grading/Drainage: Attached Exhibit B is a grading plan for the earth materials excavation site, which details the proposed excavation on the site. An Erosion and Sedimentation Control Plan along with a Storm Water Pollution Prevention Plan (SWPPP) have been submitted to the city, which address requirements under the National Pollution Discharge Elimination Systems (NPDES) General Permit for the site. The City will conduct regular inspections of the site to ensure that all NPDES General Permit requirements are being met. The wetlands on the site have been delineated and are shown on the attached Exhibit B and C. Wetlands will not be affected by the excavation or grading. Excavation will occur below the water table. Attached is a memorandum dated April 23, 2007 addressing any impacts and concerns. The grading plan and conditional use permit has been submitted to the Rice Creek Watershed District (RCWD) for their review and approval. On May 30, 2007 they granted the LaMotte Project Conditional Approval Receipt of Changes (CAPROC). • Tree Preservation Plan: The applicant shall provide a tree preservation plan. The tree preservation plan shall be completed in accordance with the City Tree Preservation Policy. A tree preservation - 115- AIT CUP—Materials Storage (6497 12'b Avenue South) Page 5 of 7 plan will not be required if the excavation materials are moved at least 50 feet from the existing trees. RECOMMENDATIONS: 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24-hour telephone number of the responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrances to prevent the general public from depositing garbage or refuse. 4. Must provide a tree preservation plan or limit excavation of material to a minimum of 50 feet from any trees. 5. All material hauling activity must use the designated haul route shown on Exhibit C. The haul route will cross the LaMotte property to the City owned Birch Park. From Birch Park the haul route will enter city streets to access The Preserve using two routes; 1) Enter Pheasant Run South on the north side of Birch Park and continue on Pheasant Run South to the east side of the The Preserve; 2) Enter Pheasant Run South on the North Side of Birch Park to Aspen Lane and then South on Killdeer Drive to the west side of The Preserve. 6. All areas and City Streets where hauling activity occurs will be video taped previous to excavation commencing at the site. The applicant will be responsible for repairing any damage to City streets or park caused by the hauling activity. 7. Previous to any activity on the site the applicant will be required to hold a neighborhood meeting to notify affected property owners along the haul route and within one-quarter of a mile of the site. 8. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side • slopes. 9. Only topsoil and clay to line the pond will be allowed to be brought into the site. - 116- AIT CUP—Materials Storage (6497 12t'Avenue South) Page 6 of 7 10. A rock trench entrance shall be installed and maintained at all times. 11. Dust and wind erosion must be confined to the site and be controlled by watering the driveway as necessary. 12. Street sweeping shall occur as necessary. 13. All construction activity shall be limited to the hours set as follows: Monday through Friday 8:00 a.m. to 4:30 p.m. Saturday 9:00 a.m. to 4:30 p.m Sunday and Holidays No working hours allowed 14. 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. 15. 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. 16. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 17. All excavation, erosion and sedimentation control, final site grading, and restoration shall be completed by November 1, 2007. 18. The City will monitor traffic and hauling activities and have any necessary adjustments made at the contractor's expense. 19. Trucks will be limited to a maximum speed of 20 mph on City Streets. 20. Wood chips will be placed on the haul route in the turf areas of • Birch Park. 21. Any damaged irrigation will be replaced at the developer's expense. - 117- AIT CUP—Materials Storage (6497 12t'Avenue South) Page 7 of 7 22. Snow fence will be installed along both sides of the haul route through Birch Park. 23. The haul route through Birch Park will have the topsoil replaced and hydro seeded at the developer's expense. 24. The stockpile area will be limited to a maximum of 25 feet high. 25. Areas that will not be worked on within 48 hours are required to be hydro-seeded. This review is based on the following plans and information: 1. Site Plan, Received May 31, 2007 2. Memo, Dated April 23, 2007 i • - 118- Record ID 1846404 C1T CIF IN KE CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 07-87 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 1995206 - 012 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. 07-87, approving a conditional use permit to allow earth material excavation at 6497 12th Av S and 6510 12t'Av S, approved by the City Council on July 23, 2007, 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 August 13, 2007. City Mer 600 Town Center Parkway,Lino Lakes,MN 55014 Phone: 651-982-2400 Fax: 651-982-2499 Council MemberReinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 07-87 RESOLUTION APPROVING CONDITIONAL USE PERMIT, TO ALLOW EARTH MATERIAL EXCAVATION AT 6497 12T"AVE SOUTH AND 6510 12T"AVENUE SOUTH, AIT WHEREAS, AIT has submitted a request to the City to grant a conditional use permit to allow earth material storage at 6497 12th Avenue South and 6510 12th Avenue South. WHEREAS, the legal description of the property is: PARCEL A Northeast Quarter of the Southeast Quarter of section 28, Township 31, Range 22 Less and Except: All that part of the northeast quarter of the southeast quarter of section 28, Township 31 North, Range 22 West. Anoka County Minnesota, described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Southeast Quarter of said section 28; thence North 88 degrees 56 minutes 18 seconds West 835.00 feet along the northerly line of said northeast quarter of the southeast quarter (basis for bearings);; thence south 01 degrees 03 minutes 42 seconds west, 88.66 feet to the southerly right of way line of County State Aid Highway No. 10, according to the Anoka County Highway Right of way plat No. 11, as recorded in the Anoka County Recorder's Office in and for said Anoka County, and said point also being the point of beginning; thence continuing South 01 degrees 03 minutes 42 seconds west, 207.22 feet; thence North 88 degrees 56 minutes 18 seconds west 20; thence North 01 degrees 03 minutes 42 seconds east, 212.27 feet to said southerly right of way of County State Aid Highway No. 10; thence easterly along said southerly Right of Way, 205.06 feet along the arc of a non-tangential curve concave to the North having a central angle of 01 degrees 02 minutes 06 seconds and a radius of 11519.16 feet, the long chord of which of 01 degrees 02 minutes 06 seconds and a radius of 11519.16 feet, the long chord of which bears South 87 degrees 32 minutes 52 seconds East, 208.06 feet to the point of beginning. - 119- Resolution 07-87 Page 2 PARCEL B The east half of the Southeast Quarter of the Southeast Quarter, Section 28, Township 31, Range 22, Except the south 600 feet thereof, Anoka County, Minnesota WHEREAS, the City's review is based on the site plan received May 31, 2007 and Memo dated April 23, 2007. WHEREAS, the planning commission held a public hearing on the application on May 9, 2007 and recommended approval with a 5-1 vote and, WHEREAS the City Council of the City of Lino Lakes deems the following finding of facts: 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 a pond and wetland on the parcels. B. The proposed development application is compatible with present and future land uses of the area. The site can be developed as low density sewered residential upon completion of the activity. 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 when. Temporary trench crossing units and construction fencing installed. 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. - 120- Resolution 07-87 Page 3 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. 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. Monitoring of the activity by the City will ensure this work will not become excessive. 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 12 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. - 121- Resolution 07-87 Page 4 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. 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 earth material storage at 6644 20th avenue south. BE IT FURTHER RESOLVED THAT the following conditions apply: 1. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with Minnesota Pollution Control Agency (MPCA). The SWPPP must contain the name and a 24-hour telephone number of the - 122- Resolution 07-87 Page 5 responsible manager of the SWPPP. All references to MNDOT seed mix must be changed to the City native seed mix. 2. Silt fence must be added around the excavation for safety reasons. 3. Properly fence and barricade entrances to prevent the general public from depositing garbage or refuse. 4. Must provide a tree preservation plan or limit excavation of material to a minimum of 50 feet from any trees. 5. All material hauling activity must use the designated haul route shown on Exhibit C. The haul route will cross the LaMotte property to the City owned Birch Park. From Birch Park the haul route will enter city streets to access The Preserve using two routes; 1) Enter Pheasant Run South on the north side of Birch Park and continue on Pheasant Run South to the east side of the The Preserve; 2) Enter Pheasant Run South on the North Side of Birch Park to Aspen Lane and then South on Killdeer Drive to the west side of The Preserve. 6. All areas and City Streets where hauling activity occurs will be video taped previous to excavation commencing at the site. The applicant will be responsible for repairing any damage to City streets or park caused by the hauling activity. 7. Previous to any activity on the site the applicant will be required to hold a neighborhood meeting to notify affected property owners along the haul route and within one-quarter of a mile of the site. 8. Maximum slope on any excavation shall be a 1 to 1 and in such condition as not to be dangerous because of sliding or caving side slopes. 9. Only topsoil will be allowed to be brought into the site. 10. A rock trench entrance shall be installed and maintained at all times. 11. Dust and wind erosion must be confined to the site and be controlled by watering the driveway as necessary. 12. Street sweeping shall occur as necessary. 13. All construction activity shall be limited to the hours set as follows: - 123- Resolution 07-87 Page 6 Monday through Friday 8:00 a.m. to 4:30 p.m. Saturday 9:00 a.m. to 4:30 p.m Sunday and Holidays No working hours allowed 14. 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. 15. 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. 16. Permits from the Rice Creek Watershed District must be submitted to the City prior to any activity. All activities on the site must comply with the Rice Creek Watershed District requirements. 17. All excavation, erosion and sedimentation control, final site grading, and restoration shall be completed by November 1, 2007. 18. The City will monitor traffic and hauling activities and have any necessary adjustments made at the contractor's expense. 19. Trucks will be limited to a maximum speed of 20 mph on City Streets. 20. Wood chips will be placed on the haul route in the turf areas of Birch Park. 21. Any damaged irrigation will be replaced at the developer's expense. 22. Snow fence will be installed along both sides of the haul route through Birch Park. 23. The haul route through Birch Park will have the topsoil replaced and hydro seeded at the developer's expense. 24. The stockpile area will be limited to a maximum of 25 feet high. - 124- Resolution 07-87 Page 7 25. Areas that will not be worked on within 48 hours are required to be hydro-seeded. Jo n Ber66son, Mayor J- n e Bartell, 94 C rk Adopted by the Lino Lakes City Council thisTj day of July, 2007. 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: Reinert, O'Donnell, Carlson, Bergeson The following voted against same: none (Absent - Stoltz) Whereupon said resolution was declared duly passed and adopted. - 125- ANOKA CMANTY MINKESOTA Document No.: 1995206.012 ABSTRACT I hereby certify that the within instrument gas riled in this office for record on: 08/16/2007 1:28:00 PM FeeslTaxes In the _mount of: $46.00 ,MAUREEN J. DEVINE Anoka County Property Tax Administrator''RecorderlR egistrar of Titles MEXA', Deputy Record ID: 1846404