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Home My WebLink About2011-013 Council Ordinances1St Reading: 6/13/11 Publication: 7/5/11 2nd Reading: 6/27/11 Effective: 8/4/11 Council Membero' Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 13-11 AN ORDINANCE AMENDING THE ZONING ORDINANCE IN REGARDS TO TEMPORARY BATCH PLANTS. Section 1 Findings Section 2, Subdivision 1of the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. The proposed addition of Batch Plants as an interim use in the Light Industrial, General Industrial, Rural Business Reserve, Rural Executive and Rural zoning districts will allow the use temporarily for the development of roadways to and within the city. The use will require an Interim Use Permit, which means the use is temporary in nature and is therefore not inconsistent with the long term goals of the Comprehensive Plan. 2. The proposed use is or will be compatible with present and future land uses of the area. As a Batch Plant is temporary in nature this use will not cause compatibility issues with future land uses in the city. An Interim Use Permit will be required and will allow the City Council to review the specifics of each site and add conditions necessary to address potential negative impacts. 3. The proposed use conforms with all performance standards contained herein. This ordinance establishes performance standards for the uses known as Batch Plants. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. The Batch Plant sections of the zoning ordinance include performance standards that will prevent this use from overburdening the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. The Batch Plant sections of the zoning ordinance include performance standards that will prevent this use from overburdening the City's service capacity. The Lino Lakes Planning & Zoning Board held a public hearing on the Zoning Ordinance amendment on June 8, 2011, and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the following text be added to the Zoning Ordinance as Section 1, Subdivision 2: Batch Plant. A temporary facility/device that produces or processes concrete or asphalt for a specified construction project over a defined period of time. Section 3 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the following text be added to the Zoning Ordinance as Section 3, Subdivision 16 (Temporary Batch Plants): Subd. 16. Batch Plants. A. Purpose. The purpose of this section is to provide standards for the establishment and use of Batch Plants intended to provide construction materials for a defined project within a limited timeframe. B. Application. In order to operate within the city a Batch Plant must be located within the Light Industrial, General Industrial, Rural Business Reserve, Rural Executive or Rural zoning districts, and must obtain an Interim Use Permit per Section 2. Subdivision 3. C. Requirements. In addition to the General Standards contained within Section 2.Subdivison 3, Temporary Batch Plants are also required to comply with the following conditions and performance standards in order to obtain an Interim Use Permit: 1) The Batch Plant shall be located on the site so as to minimize the disturbance of surrounding dwelling units or commercial businesses. 2) The Batch Plant shall maintain a 50 foot setback from any wetland. 3) The project intended to be served by the batch plant and a deadline for removal shall be clearly defined. 4) The Hours of Operation shall be clearly defined. 5) Access to and from the site shall be reviewed and approved by the City Engineer prior to any site disturbance. 6) A grading, erosion and sediment control plan shall be submitted and approved by the City prior to any site disturbance. 7) A Storm Water Pollution Prevention plan shall be submitted and approved by the City prior to any site disturbance. 8) A restoration plan shall be submitted and approved by the City prior to any site disturbance. 9) All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. 10)All applicable Rice Creek Watershed District requirements are satisfactorily met. 11)So as to maintain compatibility with the surrounding area and to protect the health, safety and general welfare of the public, the City Council may impose additional limitations, conditions or requirements as it deems necessary. 12)The operator and property owner shall enter into a Performance Agreement with the City, and financial sureties shall be posted prior to any site disturbance. Section 4 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended as follows (deleted text in strikeout, added text in underline): Temporary Batch Plants as regulated by Section 3.Subdivision 16 of this ordinance. Within the `Interim Uses' list in each of the following subsections: Zoning District Subsection Zoning District Subsection R Section 5, Subdivision 1.1.1 R -X Section 5, Subdivision 2.1.1 R -BR Section 9, Subdivision 2.K.1 GI Section 8, Subdivision 1.K.2 LI Section 8, Subdivision 2.K.1 Section 5 Zoning Ordinance and City Code Stand As Amended As above amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 6 In Effect According to City Charter This ordinance shall be in force and effect from and after-- age -and publication according to the Lino Lakes City Charter. Attes .4)n : Julianne Bajtell, City Clerk Jeff Rei e , Mayor Adopted by the Lino Lakes City Council this 27th day of June 2011. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser and upon a vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, Reinert The following voted against same: none (Absent - Gallup) Whereupon said ordinance was declared duly passed and adopted. AGENDA ITEM 6C STAFF ORIGINATOR: Paul Bengtson CC MEETING DATE: June 27, 2011 TOPIC: Temporary Batch Plants Second Reading of Ordinance 13-11, Amending the Zoning Ordinance to add Temporary Batch Plants by Interim Use Permit under certain conditions. ii. Consider Resolution No. 11-64, summarizing Ordinance No. 13-11 for publication purposes. Background Arnt Construction has applied to amend the Zoning Ordinance to add Temporary Batch Plants as an Interim Use and to approve an Interim Use Permit for a Temporary Batch Plant at 2209 Phelps Road. The Temporary Batch Plant is intended to serve the 135E road construction project. Zoning Amendment - Temporary Batch Plant as Interim Use The language in the attached ordinance will add the use as allowable by Interim Use Permit in the Light Industrial, Rural, Rural -Executive, and Rural Business Reserve zoning districts. Included is a term to define the use and conditions/requirements that must be complied with for the use to be approved and performance standards for the use. The Planning and Zoning Board held a public hearing on this request June 8, 2011 and unanimously recommended approval. The City Council approved the First Reading of the Ordinance on June 13, 2011. Additionally, Resolution Number 11-64 is attached, summarizing the ordinance for publication purposes. Recommendation Staff recommends approval of the Second Reading of the Zoning Ordinance Amendment as outlined in Ordinance No. 13-11. ii. Staff recommends approval of Resolution No. 11-64, summarizing Ordinance No. 12-11 for publication purposes. Attachments 1. Ordinance No. 13-11 2. Resolution No. 11-64