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HomeMy WebLinkAbout2001-171 Council Resolution01-171 Council Member Dahl introduced the following resolution and moved its adoption. CITY OF LINO LAKES RESOLUTION NO. 01-171 RESOLUTION APPROVING AMENDMENT OF AN EXISTING CONDITIONAL USE PERMIT, APPROVING AMENDMENT OF AN EXISTING INTERIM USE PERMIT, AND APPROVING A SITE PLAN REVIEW FOR MOLIN CONCRETE AT 415 LILAC DRIVE WHEREAS, Molin Concrete has submitted a request to the City to amend an existing conditional use permit, amend an existing interim use permit, and approve a site plan review for new facilities at 415 Lilac Drive, and WHEREAS, the Planning Commission opened a public hearing on the application on September 11, 2001, closed the public hearing on October 10, 2001, and recommended approval with conditions, and 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 2 Subd. 2.B.7 and by Section 8 Subd.2.I.9 of the zoning ordinance: a. This application will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. b. This application will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this ordinance. c. This application will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. d. This application will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. e. This application will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. f. This application 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. g. This application will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. h. This application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. This application will conform to specific standards of this ordinance applicable to the particular use. J• All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. k. A drainage system subject to the approval of the City Engineer shall be installed. 1. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights-of-way in compliance with Section 3, Subd. 4.S. m. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer. n. All signing and informational or visual communication devices shall be compliance with the applicable provisions of Appendix C of the City Code. o. Provisions shall be made to control and minimize noise, air and water pollution. p. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves amendment of the existing conditional use permit, approves amendment of the existing interim use permit, and approves the site plan review for 415 Lilac Drive, BE IT FURTHER RESOLVED that the following conditions apply: 1. All permits/approval required by the Rice Creek Watershed District, including drainage and grading and wetland delineation, shall be obtained prior to any site grading. The Watershed permit applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the site plan review. 2. Final utility, grading, and drainage plans must obtain approval from the City Engineer prior to site grading or building permit. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the site plan review. 3. If off-street parking creates safety concerns in the future, the City shall re-examine the parking needs and shall require additional parking spaces. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site. 4. Proper building permits must be obtained prior to any construction of the new building. All proposed structures shall comply with applicable City building material requirements. An escrow shall be established according to City policy as part of the building permit to insure completion of all site improvements. This condition applies to the site plan review. 5. The approval of the site plan and amended conditional use permit includes the 70± foot height of the cement silos, as provided by Sec. 3. Subd 4.C.3. of the zoning ordinance, which allows a building height to exceed the zoning district standard with a conditional use permit. The need for the increase in height has been demonstrated and it does not violate the intent or character of the GI zoning district. The site is capable of accommodating the increased structure size. The silos will not increase traffic volumes or need for public services. The proposal meets the required increased setbacks and does not limit solar access. 6. The surfacing material of the site as shown on the submitted site plan and grading plan is acceptable. Additional bituminous areas may be paved and additional crushed asphalt may be applied without additional review by the City. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site. 7. Outdoor lighting is prohibited in the site's outdoor storage area (north of 77th St./Thomas St.). Permissible exterior lighting on the southern portion of the property shall be hooded and directed to reflect light away from neighboring residential properties and rights-of-way. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the interim use permit on the northern portion. 8. Lighting fixtures on the new building shall be the Lithonia Lighting KAD model of the Contour Series with a lens that does not extend below the fixture (as submitted to the City 10/10/2001). Lighting fixtures on the new overhead crane shall be the FP Option of the Lithonia Lighting KACM model of the Contour Series with a lens that does not extend below the fixture (as submitted to the City 10/16/2001). This condition applies to the site plan review. 9. The site's western access point (from 4th Avenue) shall remain at the 77th St./Thomas St. alignment. Access to Lilac St. shall be maintained as on the plans received by the City August 13, 2001. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the interim use permit on the northern portion. 10. A minimum 150 -foot setback shall be maintained along the site's northern boundary. The buffer yard consisting of a berm with plantings shall extend 40 feet north into this 150 -foot setback line (i.e., the berm shall be maintained in the southern part of the 150 -foot setback). The berm shall be maintained at an eight foot height. This condition shall apply to both the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit in the northern portion. 11. Trucks serving Molin shall not park along Lilac Street. Molin and its agents shall inform drivers of this condition. This condition shall apply to the overall conditional use permit on the entire site for the concrete plant. 12. All applicable MPCA requirements shall be satisfactorily met. This condition shall apply to the overall conditional use permit on the entire site for the concrete plant. 13. The following noise mitigation efforts shall be utilized: a. The outdoor storage yard on the northern portion shall be arranged such that truck backing maneuvers toward residential properties are minimized. This condition applies to the interim use permit. b. Molin equipment and trucks shall be outfitted with strobe lights to replace backup beepers during nighttime hours (6:00 p.m. to 8:00 a.m.). Because use of strobes rather than beepers has been approved by the Minnesota Dept. of Labor and Industry, OSHA, this condition shall apply to both the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit in the northern portion. However, this prohibition on beepers does not apply to semi -tractors that are not owned by Molin operating on the southern (GI zone) portion of the property. Nor does this prohibition apply to equipment being used on construction projects anywhere on the site. If, in the future, there is some reason under law why the strobes are not sufficient, Molin shall be required to apply for an amendment to the conditional use permit and interim use permit. c. There shall be no outdoor cutting, sawing, grinding, or similar activity anywhere on the site before 8:00 a.m. on Saturdays. (This prohibition does not apply to truck loading or movement of product.) This condition applies to the conditional use permit for the concrete plant covering the entire site. d. There shall be no shuttle lifts, fork lifts, trucks, or other equipment operated in northern interim use permit area earlier than 8:00 a.m. on any day. This condition applies to the interim use permit. e. General operating hours for the shuttle lift shall be 6:00 a.m. to 8:00 p.m., but the shuttle lift definitely shall not operate prior to 5:00 a.m. nor later than 8:00 p.m. 14. a. The new landscaping plan dated received by the City October 10, 2001 shall be the approved plan with the addition of plantings described in 14.b. All plantings shall be in place by June 2002. Plantings shall be maintained in a healthy state. Dead plantings shall be replaced in a timely manner. This condition applies to the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit for storage in the northern portion of the site. b. A double row of staggered conifers shall be planted along the northern Molin property line. They shall be minimum five feet tall when planted. Trees in each row shall be planted 36 feet apart to achieve the effect of a tree every 18 feet when viewed horizontally. (The wetland/pond may necessitate some variation to that pattern, however.) No trees are required to be planted along the western 230 feet. A conifer species with a maximum height of 30 feet shall be planted along the next 420 feet moving east. White or red pines shall be planted along the eastern 640 feet. 15. The interim use permit on the northern portion, zoned LI, allows for storage, not production. No production or finishing activities shall be conducted in this area. This includes cutting, grinding, and other such work. 16. The interim use permit will expire if there is a change in the land use in the LI District on the northern portion of the site. 17. The following conditions that were approved on October 27, 1997 shall no longer apply: -condition 11 a. requiring storing wall panels parallel to the buffer yard (berm); -condition 13 c. requiring a solid row of coniferous trees on the north side of the berm and a row of deciduous trees on the south side of the berm; -condition 13 e. requiring irrigation for the berm. 18. The existing outdoor core slab casting bed (outdoor concrete pouring) shall be eliminated as soon as the new extruded precast manufacturing building is completed. This condition shall apply to the site plan and the conditional use permit covering the entire site. BE IT FURTHER RESOLVED that the amended conditional use permit, amended interim use permit, and site plan approval shall not be in effect until a noise analysis is performed to test compliance with MPCA noise standards and the analysis shows no violation of those standards. BE IT FURTHER RESOLVED that the review and approval is based on the following: Grading, Drainage and Erosion Control Plan Plowe Engineering received 8/13/01 Utility Plan Plowe Engineering received 8/13/01 Wetland Mitigation Plan Plowe Engineering received 8/13/01 Set of Architectural, Structural, Mechanical Plans Professional Design Group received 8/13/01 Letter from Randy Molin Planting Plan, revised, Photometric Plan Lithonia Lighting Fixture Information Solar (shadow) Analyses dated August 7, received August 8 Professional Design Group received 10/102001 Professional Design Group received 9/26/01 received 10/10/01 and 10/16/01 Professional Design Group received 9/11/01 and 9/28/01 Adopted by the Lino Lakes City Council this 2.2- Y day of u 0- • , 2001 ATTEST: Ann Blair, City lerk Joh ` Ber son, ayor The motion for adoption of the foregoing resolution was duly seconded by Council Member 0' Donnell and upon vote being taken thereon, the following voted in favor thereof: Reinert, Bergeson, Dahl, Carlson & O'Donnell. The following voted against same: None. STAFF ORIGINATOR: P & Z MEETING DATE: TOPIC: BACKGROUND AGENDA ITEM 7 C Jeff Smyser October 22, 2001 Resolution 01-171 -Amendments To Existing Conditional Use Permit -Amendments to Existing Interim Use Permit -Site and Building Plan Review Molin Concrete, 415 Lilac St. Molin Concrete Products Company has submitted applications for amendments to the existing conditional use permit (CUP), amendments to the existing interim use permit, and for a site plan review. The requested amendments would change several of the conditions that were adopted with previous approvals. The site plan review application is for a new manufacturing building on the site. The new building also is an amendment to the conditional use permit. The City Council has conducted numerous discussions of the issues relevant to the Molin site. The City approved a rezoning in December 1968 and issued special use permit to Molin in January 1969 to construct a concrete plant. The Sherwood Green residential plat was approved in 1978. Conflicts exist between the two land uses. ANALYSIS The Molin site includes approximately 55 acres. The entire site is guided for industrial use by both the old and the new comprehensive plans. The north 20 acres of the site is zoned LI, the southern 35 acres is zoned GI. Surrounding land use and zoning is shown in the table: Existing Land Use Existing Land Use Map New Comp. Plan Land Use Map Zoning site industrial Industrial Industrial LI and GI north residential Single Family Residential Low Density Unsewer. Resid. Rural east residential, cemetery Single Family Residential Low Density Unsewer. Resid. Industrial Commercial Rural GI south industrial Industrial Industrial GI west residential, Lino Air Park Single Family Residential Lino Air Park Low Density Unsewer. Resid. Rural R-1 Molin Concrete page 2 Site and Building Plan Review Structure: The proposed new structure is a building for extruded precast manufacturing. The building is approximately 600 feet long and 66' wide. It will have precast concrete walls 36' high for the majority of the building. There will be a smooth band with windows four feet wide at the 25' height. Near the south end the building itself will increase to 45' high, then decrease to 11'. At the south end there will be two cement silos rising to approximately 70 ft. in height. Near the silos are below -grade material bins for aggregate and sand. The building will cover approximately 38,000 sf. The silos and material bins will use additional area. Height: As stated above, the proposed new production facility includes two cement silos rising to approximately 70' in height. The height maximum in the GI zone is 45'. Under Section 3 Subd. 4.C.3. of the zoning ordinance, building heights in excess of the standards of the districts may be allowed through a conditional use permit, provided that: a. Demonstrated need is established for the increase in height and said increase will not violate the intent and character of the zoning district in which the structure is located. comment: The production facility requires the cement silos. The GI zoning district is the City's most intense industrial zone. The GI zone, as stated in the purpose paragraph of the ordinance, is for "areas which, because of availability to thoroughfares, suitable topography, and isolation, are appropriate for industrial uses of a more intense nature and ones which may have certain nuisance characteristics." b. The site is capable of accommodating the increased structure size. comment: A 55 -acre site is large enough for such a structure. Soils in this area of the City typically can support buildings. Soil analyses are a normal requirement for building permits. c. The potential increased intensity and size of use does not cause an increase in traffic volumes beyond the capacity of the surrounding streets. comment: The silos will not increase traffic. d. Public utilities and services are adequate. comment: The silos will not increase the need for public services. Molin Concrete page 3 e. For each additional story over the district limitation or for each additional ten (10) feet above the maximum allowed per district, front and side yard setback requirements shall be increased by ten (10) percent. comment: The 70' silos are 25' higher than the 45' limit. Therefore, the front and side setbacks must increase 25%. The minimum front setback is 50', the minimum side setback is 10'. The increased front setback must be 62.5', the side must be 12.5'. The minimum setback from a residential property increases from 100' to 125'. The silos are more than 300' from the road in front, and about 200' from the nearest side lot line. Therefore, they comply with the increased setbacks. f. The construction does not limit solar access to abutting and/or neighboring properties. g. comment: Molin prepared an analysis to determine the length of the shadow of the silos to determine if there will be a solar access issue. The analysis shows that the silos will not limit solar access for neighboring homes. The Molin property continues for 200' east of the proposed silos. Property to the east of Molin is owned by the Twitchell Cemetery. That site is zoned and guided for industrial use. Some shadow will be cast during the hour just prior to sunset in mid -winter. Solar access is not limited on neighboring properties. The existing building is taller and larger than the proposed silos. The provisions of Section 2, Subd. 2. of this Ordinance are considered and satisfactorily met. comment: This is the section of required standards for CUP. There are nine findings, and they are addressed below in the section of this report on CUPs. However, one provision is of particular interest to the 70' height issue. The first provision requires that the use "will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City." The Lino Air Park is just west of the northern portion of the Molin site. A private air park is not governed by the typical regulations of the Federal Aviation Administration or MnDOT in the same way a public airport is governed. However, safety issues should be considered by the City. The 70' silos are not in the direct line of the Lino Air Park runway. Representatives of the Air Park and City staff met to analyze the site. Neither the silos nor the overhead cranes pose an aviation hazard. Overhead Cranes: The proposal includes overhead cranes (gantry system) that will stand approximately 33 feet high. The cranes will serve a new storage area covering 150 by 500 feet in the central portion of the Molin site. The cranes will run on rails over Molin Concrete page 4 the entire new storage area. Finished product will be stored more compactly using the cranes. The cranes will be able to load product directly onto trucks. Lighting: When an earlier building was constructed, the exterior lighting caused some concerns among nearby residents. That situation was corrected with additional hoods being added to the fixtures. The City allows a maximum of 0.4 foot candles at the residential property lines and 1.0 foot candles at the centerline of a street. Photometric plans were submitted for review as well as fixture cut sheets. The proposed fixtures for both building lighting and overhead crane lighting meet City policy requiring a fully shielded design such as a shoebox fixture. Landscaping Plan: No landscaping around the new building is planned. The section of this report on the conditional use permit discusses landscaping for the larger site. Green space: A maximum of 90% of the site can be impervious surface in the General Industrial and Light Industrial zones. The proposal will not exceed this. Traffic, Circulation: The proposed new building will not interfere with or impact traffic on surrounding roads. Internal circulation is governed by the manufacturing process and storage needs. A condition of the 1997 CUP approval is that the City is to prohibit on -street truck parking on Lilac Street. However, Lilac St. is a county road, and the City does not have legal authority to impose a parking ban on a county road. Therefore, compliance will be voluntary. Parking: There is no parking requirement listed in the ordinance for heavy manufacturing. An analysis in 1997 of previous action on the site included a parking needs calculation using as a basis the parking requirement for a light manufacturing facility. The standard for a light manufacturing facility is one parking space for each employee or one space for each 2000 square feet of gross floor area, whichever is greater. For the sake of consistency, it is useful to compare the new application with that 1997 analysis. The total square footage was 110,200 sf for existing and, at the time, future anticipated buildings. The analysis resulted in a requirement of 55 off-street parking spaces. A "future" manufacturing building of 35,000 sf on the old plan is the comparable to this new building, which is about 38,000 sf. The office building that was built is 6511 sf rather than the 4800 sf anticipated in 1997. There are 76 existing parking spaces now. If off-street parking causes a problem in the future, the City can re-examine the site to determine means of eliminating any safety concerns. Molin Concrete page 5 Stormwater Management: The grading and drainage plan was reviewed by the Rice Creek Watershed District and received preliminary approval. The proposed plan includes enlarging and existing pond in the northwest corner of the site, creating a new pond in the interior of the site, and an infiltration area between the two. The drainage plan is subject to the review of the City Engineer. The western end of the berm will be removed as part of the construction of the these stormwater facilities. The berm then will be replaced. Wetlands: The proposed project will require filling of an existing wetland in the southeast corner of the site. Molin has received preliminary approval from the Rice Creek Watershed District for the wetland impacts. Additional wetland will be created in the northwest corner of the site by enlarging the pond there. These changes to the wetland and the new ponds will not have detrimental effects on wells in the area. Sign: Molin has not proposed new signage. 1997 Conditional Use Permit Amendment and Interim Use Permit Molin has an existing conditional use permit for the concrete plant that covers the entire site. They also have an interim use permit for outdoor storage that covers the northern 20 acres. In 1997 the City approved an amendment to the CUP as well as the interim use permit. The CUP amendment did include an expansion of the production building and included the batch plant that is 80' high. The conditions attached to the 1997 approvals did not specifically distinguish between the two permits—the conditional use permit and the interim use permit. The interim use permit only covers the northern 20 acres which is zoned LI. The conditional use permit covers the entire property. One can infer that conditions related to storage were intended to apply to the northern area. However, there have been differing interpretations voiced regarding which conditions apply where. It will be useful to clarify this, and the recommendations in this report do so. The conditions approved in 1997 follow, accompanied by brief comments on each. Molin is now requesting that conditions 11 a, 13c, and 13e be eliminated. 1. The City approve the requested zoning ordinance text amendment establishing open and outdoor storage as an interim use in the LI Zoning District comment: Ordinance 31-97, adopted 10 /27/97, fulfilled this condition. Molin Concrete page 6 2. The City approve the requested vacation of 77th Street comment: Resolution 97-156, approved 10-27-97, fulfilled this condition. 3. The City Council specifically approves an outdoor storage area surfacing material other than blacktop or concrete. comment: The site plan for the CUP/interim use permit does indicate bituminous in limited areas, gravel over large areas, and no paving on much of the site. This is the plan that was approved, so these surfacing materials are approved. 4. Outdoor lighting is prohibited in the site's outdoor storage area (north of 77th Street). Permissible exterior lighting shall be hooded and directed to reflect light away from neighboring residential properties and rights-of-way. comment: There is no outdoor lighting in the yards on the northern portion of the site. The "permissible exterior lighting" refers to the southern portion. Light fixtures exist on the buildings. Molin added extra hoods to the lights on the buildings to provide shielding. 5. Consideration is given to aligning the site's western access point (from 4th Avenue) with 77th Street. This issue should be subject to further comment by the City Engineer. comment: The driveway onto 4th Ave. has been aligned with Thomas Ave. (77th St.). Molin has or will soon pave the driveway. 6. A minimum 150 -foot setback is maintained along the subject site's northern boundary. The buffer yard shall extend 40 feet north into this 150 -foot setback line. comment: A high berm begins approximately 100 feet from the northern property line. The berm is at least 40 feet wide at its base. This fulfills this condition. 7. The City shall prohibit on -street truck parking along Lilac Street. comment: The site was designed to provide stacking space on the site rather than on the street. There have been some trucks parked on Lilac St. but no complaints. Only when a truck is parked in the traffic lane is it a problem. The Molins stated that their dispatcher is located on Lilac across from the Molin plant. Drivers occasionally park on Lilac and walk into the dispatch office for instructions. 8. All additional site signage shall comply with applicable City sign requirements. comment: Sign permit reviews are designed to assure this. The Building Official has no outstanding signage issues. Molin Concrete page 7 9. All applicable MPCA requirements are satisfactorily met. comment: MPCA has rules regarding underground fuel tanks and stormwater management for water quality. Molin states that there are regular inspections of the tanks by an outside firm, which submits reports to MPCA. A new stormwater plan for the site is pending. The noise issue is the greatest concern. The Minnesota Pollution Control Agency (MPCA) does have noise standards. This issue is discussed in greater detail below. 10. All proposed structures comply with applicable City building material requirements. comment: Building permit review has assured this. The Building Official has no outstanding building material issues. 11. The following noise mitigation efforts are utilized: a. Concrete product (precast wall panels) are stored parallel to the northerly buffer yard to act as a sound buffer. comment: Molin is requesting that this condition be deleted (see Molin letter). Not all products stored in the northern area are wall panels. Molin typically stores wall panels both laying flat and stacked. The berm is a better insulator than the wall panels. Storing panels parallel to the berm will increase the amount of time the equipment would need to move them. This could increase the noise level for the neighbors. Storage of product is not a reliable means of mitigating noise. Staff recommends deleting this condition. b. The outdoor storage yard is arranged such that truck backing maneuvers toward residential properties are minimized. comment: It may be difficult to ensure this can occur, depending on product mix and volume. However, Molin has stated that they attempt to do this and they have not requested the removal of this condition. c. Molin equipment and trucks shall be outfitted with strobe lights to replace backup beepers during nighttime hours (6:00 p.m. to 8:00 a.m.). comment: The use of beepers versus strobe lights has been the topic of much discussion. Molin recently received a letter from Minnesota OSHA stating that training and strobe lights proposed to them by Molin is acceptable under the law. Molin Concrete page 8 Staff is recommending that this condition remain in effect, and that it apply to the entire site, not only the northern storage area. 12. Comments by other City Staff. comment: A report on traffic implications from SEH suggests a condition of approval to prevent truck parking on Lilac St., which was included as condition 7. 13. The landscape plan shall be amended to show the following: a. Berm location comment: The berm exists and is shown on the old and new landscaping plans. The new grading plan shows it as well. b. Berm height of not less than 7 feet. comment: The existing berm meets this height condition. c. A solid row of coniferous trees on the north side of the buffer yard with a row of deciduous trees on the south side of the buffer yard. comment: Molin is requesting that this condition be deleted (see letter). The trees originally were part of a design for a lower (5') berm closer to the northern property line. The two rows of trees would provide additional screening. The berm is 7' to 8' high and setback 100+ feet, creating the setback and buffer area referred to in condition 6. Molin believes that the taller berm and the large setback area provide an adequate buffer and screen for the neighbors. Molin estimates the cost of the two solid rows of trees at $22,000. The berm is at the end of the runway for the Lino Air Park. Staff discussed the trees with representatives of the Lino Air Park. Staff and those representatives agreed that coniferous and deciduous trees planted along the berm would create a safety issue. For this reason, staff recommends eliminating this condition as it is now written. However, it may be appropriate for additional screening of the property. This is discussed further in the section on P & Z recommendations, below. d. Landscaping along 4th Avenue comment: The plans include landscaping alon 4th Ave. The new landscaping plan includes some changes in species along Lttn Ave. The new plantings are more drought tolerant. Quantities are similar. Molin Concrete page 9 e. Irrigation for buffer area. comment: Molin is requesting that this condition be deleted (see letter). The "buffer area" is the berm. The revised landscaping plan submitted with the current application includes species that are more drought tolerant than the previous plan. Molin's landscaping consultant recommended these plants. Quantities are similar to the original plan. The irrigation system would be expensive: Molin estimates $18,000. Staff recommends eliminating the requirement for an irrigation system on the berm. 14. The Interim Use Permit will expire if there is a change in the land use in the LI District. comment: This is not an issue to date. The approved storage activities continue. Noise Excerpts from MPCA rules are listed below with comments following them. MN Rules 7030.0020 DEFINITIONS Subp. 7. L10. "L10" means the sound level, expressed in dB(A), which is exceeded ten percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. Subp. 8. L50. "L50" means the sound level, expressed in dB(A), which is exceeded 50 percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. MN Rules 7030.0040 NOISE STANDARDS. Subpart 1. Scope. These standards describe the limiting levels of sound established on the basis of present knowledge for the preservation of public health and welfare. These standards are consistent with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped according to land activities by the noise area classification (NAC) system established in part 7030.0050. However, these standards do not, by themselves, identify the limiting levels of impulsive noise needed for the preservation of public health and welfare. Noise standards in subpart 2 apply to all sources. Molin Concrete page 10 Subp. 2. Noise standards. Noise Area Classification Daytime Nighttime L50 bio iso L10 1 60 65 50 55 2 65 70 65 70 3 75 80 75 80 As can be seen from these definitions, a test must be able to determine if the specified decibel level is exceeded for 10% of the time for one hour, or for 50% of the time for one hour. Daytime in defined as 7:00 am to 10:00 pm, night time as 10:00 pm to 7:00 am. Residential land use is in Noise Area Classification 1. The measurements are to be taken at the location of the receiving use: in this case, the residential property. That is, noise generated by one use should not exceed the limits when measured from the other use. Molin had a noise measurement analysis performed in October 2000 by Wenck Associates. The readings indicated no violation of MPCA noise rules during those times. MPCA did state in a conversation with City staff that if a test is conducted by established methods, MPCA typically accepts the results of the test. Neighbors are not satisfied by the Wenck analysis. Staff contacted the MPCA to see if MPCA could conduct the analysis. This is possible, but there is a waiting period of several months. Instead, the City hired a noise analysis consultant to perform another analysis. The new analysis is underway. Measurements can be affected by wind and rain, so the measurement days are weather dependent. Staff hopes the results will be available for the October 22 City Council meeting. FINDINGS FOR CONDITIONAL USE PERMIT As stated in Section 2 Subd. 2.B.7. of the zoning ordinance, 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 that such use at the proposed location: a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. b. Will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this ordinance. c. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. Molin Concrete page 11 d. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. e. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. f. 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. g. Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. h. Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. Will conform to specific standards of this ordinance applicable to the particular use. In addition to those general findings, a CUP for a concrete product plant must include the following provisions (Sec. 8 Subd. 2.I.9): a. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. b. A drainage system subject to the approval of the City Engineer shall be installed. c. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights-of-way in compliance with Section 3, Subd. 4.S. d. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer. e. All signing and informational or visual communication devices shall be compliance with the applicable provisions of Appendix C of the City Code. f. Provisions shall be made to control and minimize noise, air and water pollution. Molin Concrete page 12 g. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. Discussion of Findings: Discussion and analysis has highlighted general findings a, c, and f because of consideration for "the neighborhood", "the essential character of that area", and "production of...noise." Similar issues are noted in the concrete plant findings/provisions c and f. The City approved a rezoning in December 1968 and issued special use permit to Molin in January 1969 to construct a concrete plant. The Sherwood Green residential plat was approved in 1978. Amendments to the Molin special use permit were approved for expansions in 1978, 1981, and 1983. The City approved additional expansions in 1991, 1993, and 1997. These City approvals reflect the City's acceptance and support for the use of the property for industrial activities—specifically, a concrete plant. The site is zoned and guided for industrial uses. The southern portion of the site is within the City's only General Industrial zoning district and the northern portion is zoned Light Industrial. As noted previously, the GI zone is intended for uses of an intense nature and that may have certain nuisance characteristics. The concrete plat was built first, and the majority of the residential uses grew up around it. Land to the south is zoned General Industrial and the uses there fit the category. The state and county correctional facility is just to the southwest. A private airport is to the west. This is not to ignore the presence of the residential uses in close proximity to the concrete plant. The residential neighborhoods to the north, west, and east do exist. It is not difficult to sympathize with residents who feel they are being negatively impacted by the concrete plant. The point is, it is difficult to state clearly just what constitutes the "neighborhood character." Clearly, there will have to be compromises by both Molin and the nearby residents. It should be the City's goal to find a suitable compromise. Staff believes that the findings/provisions are addressed in the recommended conditions of approval, and that approval of the proposed project with the conditions constitutes a fair compromise. ENVIRONMENTAL BOARD COMMENTS As noted in the attached memo from the Environmental Specialist, on August 29 the Environmental Board recommended: Molin Concrete page 13 Motion made to table the project pending; submission of landscape plan, tree inventory, Rice Creek Watershed's TWAFFA requirement information, lighting plan, an understanding of chemical use on the site, use of well heads on site as indicated by the County Well Point Index. The landscape plan should show the use of native groundcover plants and trees, the berm area on the north should be looked at for effectiveness and the use of irrigation, and the City should re -focus on the priorities set forth in the current Surface Water management Plan review process so that the surface water issues are better understood in plan review sites such as Molin Concrete. It is not clear why the Environmental Board did not receive the submitted landscape plan. The landscaping plan was approved in 1997. The new plan is a revision of the previously approved plan, and the drought -resistant species have already been planted. No tree loss will occur from the proposed new building. The Rice Creek Watershed has granted its preliminary approval. A complete lighting plan will be a condition of approval. Chemical use on the site is not changing, nor are any new wells being proposed. The City's surface water plan must be consistent with the Watershed plan. Both the Watershed and the City include surface water plan requirements in the review all projects. PLANNING & ZONING BOARD REVIEW The P & Z opened the public hearing at the September 11 meeting and continued the hearing to allow for a neighborhood meeting. A meeting with the neighbors occurred September 26. Approximately 15 residents attended, along with representatives of Molin, Cheesebrough Trucking, the City Planner, and P & Z Chair Schaps. Mr. Schaps facilitated the meeting. The discussion led to several revisions to proposed conditions of approval, which are incorporated into this report. The P & Z voted to approve the applications with conditions. The P & Z recommended adding two conditions to the staff report 13.e. and 14.b. 13.e. General hours of operation shall be 5:00 a.m. to 8:00 p.m. except as stated in 13. a, b, c, and d. Plant operation beyond those hours shall be considered extraordinary. 14.b. Before City Council consideration, the applicant shall review the reasonableness of: two rows of staggered coniferous trees on each side of the berm, 8 ft. high when planted, no farther apart than 18 ft., or coniferous trees 4 ft. high planted on the berm. This would replace what is shown on the 10/10/01 plantings plan. Molin Concrete page 14 Discussion of Conditions Added by P & Z: The first additional condition recommended by P & Z regarding hours of operation is intended to reduce the frequency of noise complaints. This is a good intention. However, staff is concerned about the meaning of the condition, how it will be interpreted by different parties, and the City's ability to enforce it. Molin did not agree not to operate outside of the listed hours, and cannot avoid operating outside of those hours. Ultimately, the City's ability to enforce the conditions of the conditional use and interim use permits rests on the threat of revoking the permits. "General hours of operation" and "extraordinary" are undefined terms. Neighborhood complaints will not be a legally supportable basis for revoking Molin's permit to operate the concrete plant. Because the condition is too ambiguous and therefore unenforceable, staff does not recommend including this condition in the approval. The second additional condition would require trees planted on both sides of the berm. This is a variation of the original 1997 condition, which Molin has requested be deleted. The purpose of planting trees is to provide screening. The existing berm is 8-10 feet high. This is as tall a screening measure as the City would require. Existing trees along the property line now create a very thick screen except toward the eastern portion of the site. In addition, there is a safety concern with trees in the approach zone of the Lino Air Park. It is possible to plant trees that will not exceed the approach zone height restriction. The shorter trees could be planted on the western portion of the site, with taller trees to the east, farther from the air park. Trees would best be planted close to the property line rather than on the berm itself. The chances are not good that trees will survive on the berm. In addition, the closer to the property line, the better the screening effect of the trees. If the City requires trees to be planted, staff recommends the following: 14.b. A double row of staggered conifers shall be planted along the northern Molin property line. Trees in each row shall be planted 36 feet apart to achieve the effect of a tree every 18 feet when viewed horizontally. (The wetland/pond may necessitate some variation to that pattern, however.) No trees are required to be planted along the western 230 feet. A conifer species with a maximum height of 30 feet shall be planted along the next 420 feet moving east. White pines shall be planted along the eastern 640 feet. Molin Concrete page 15 This would add visual screening in addition to the berm and keep the trees under the air park approach zone. CONDITIONS OF APPROVAL: Site Plan, Amended Conditional Use Permit, Amended Interim Use Permit The following list includes specific conditions and then specifies which permit and/or approval it applies to. The "entire site" is the entire 55 acres, which is covered by the conditional use permit. The northern portion is the 20 -acre area zoned LI and covered by the interim use permit. The southern portion of the site is 35 acres and is zoned GI. The site plan review is for the proposed new extruded precast manufacturing building, overhead cranes, silos, and associated grading and site work. Staff recommends approval of the applications with the following conditions: 1. All permits/approval required by the Rice Creek Watershed District, including drainage and grading and wetland delineation, shall be obtained prior to any site grading. The Watershed permit applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the site plan review. 2. Final utility, grading, and drainage plans must obtain approval from the City Engineer prior to site grading or building permit. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the site plan review. 3. If off-street parking creates safety concerns in the future, the City shall re-examine the parking needs and may require additional parking spaces. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site. 4. Proper building permits must be obtained prior to any construction of the new building. All proposed structures shall comply with applicable City building material requirements. An escrow shall be established according to City policy as part of the building permit to insure completion of all site improvements. This condition applies to the site plan review. 5. The approval of the site plan and amended conditional use permit includes the 70± foot height of the cement silos, as provided by Sec. 3. Subd 4.C.3. of the zoning ordinance, which allows a building height to exceed the zoning district standard with a conditional use permit. 6. The surfacing material of the site as shown on the submitted site plan and grading plan is acceptable. Additional bituminous areas may be paved and additional crushed asphalt may be applied without additional review by the City. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site. Molin Concrete page 16 7. Outdoor lighting is prohibited in the site's outdoor storage area (north of 77`h St./Thomas St.). Permissible exterior lighting on the southern portion of the property shall be hooded and directed to reflect light away from neighboring residential properties and rights-of-way. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the interim use permit on the northern portion. 8. Lighting fixtures on the new building shall be the Lithonia Lighting KAD model of the Contour Series with a lens that does not extend below the fixture (as submitted to the City 10/10/2001). Lighting fixtures on the new overhead crane shall be the FP Option of the Lithonia Lighting KACM model of the Contour Series with a lens that does not extend below the fixture (as submitted to the City 10/16/2001). This condition applies to the site plan review. 9. The site's western access point (from 4th Avenue) shall remain at the 77th St./Thomas St. alignment. Access to Lilac St. shall be maintained as on the plans received by the City August 13, 2001. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the interim use permit on the northern portion. 10. A minimum 150 -foot setback shall be maintained along the site's northern boundary. The buffer yard consisting of a berm with plantings shall extend 40 feet north into this 150 -foot setback line (i.e., the berm shall be maintained in the southern part of the 150 -foot setback). The berm shall be maintained at an eight foot height. This condition shall apply to both the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit in the northern portion. 11. Trucks serving Molin shall not park along Lilac Street. Molin and its agents shall inform drivers of this condition. This condition shall apply to the overall conditional use permit on the entire site for the concrete plant. 12. All applicable MPCA requirements shall be satisfactorily met. This condition shall apply to the overall conditional use permit on the entire site for the concrete plant. 13. The following noise mitigation efforts shall be utilized: a. The outdoor storage yard on the northern portion shall be arranged such that truck backing maneuvers toward residential properties are minimized. This condition applies to the interim use permit. b. Molin equipment and trucks shall be outfitted with strobe lights to replace backup beepers during nighttime hours (6:00 p.m. to 8:00 a.m.). Because use of strobes rather than beepers has been approved by the Minnesota Dept. of Labor and Industry, OSHA, this condition shall apply to both the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit in the northern portion. However, this prohibition on beepers does not apply to semi -tractors that are Molin Concrete page 17 not owned by Molin operating on the southern (GI zone) portion of the property. Nor does this prohibition apply to equipment being used on construction projects anywhere on the site. If, in the future, there is some reason under law why the strobes are not sufficient, Molin shall be required to apply for an amendment to the conditional use permit and interim use permit. c. There shall be no outdoor cutting, sawing, grinding, or similar activity anywhere on the site before 8:00 a.m. on Saturdays. (This prohibition does not apply to truck loading or movement of product.) This condition applies to the conditional use permit for the concrete plant covering the entire site. d. There shall be no shuttle lifts, fork lifts, trucks, or other equipment operated in northern interim use permit area earlier than 8:00 a.m. on any day. This condition applies to the interim use permit. 14. a. The new landscaping plan dated received by the City October 10, 2001 shall be the approved plan with the addition of plantings described in 14.b. All plantings shall be in place by June 2002. Plantings shall be maintained in a healthy state. Dead plantings shall be replaced in a timely manner. This condition applies to the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit for storage in the northern portion of the site. b. A double row of staggered conifers shall be planted along the northern Molin property line. Trees in each row shall be planted 36 feet apart to achieve the effect of a tree every 18 feet when viewed horizontally. (The wetland/pond may necessitate some variation to that pattern, however.) No trees are required to be planted along the western 230 feet. A conifer species with a maximum height of 30 feet shall be planted along the next 420 feet moving east. White pines shall be planted along the eastern 640 feet. 15. The interim use permit on the northern portion, zoned LI, allows for storage, not production. No production or finishing activities shall be conducted in this area. This includes cutting, grinding, and other such work. 16. The interim use permit will expire if there is a change in the land use in the LI District on the northern portion of the site. 17. The following conditions that were approved on October 27, 1997 shall no longer apply: -condition 11 a. requiring storing wall panels parallel to the buffer yard (berm); -condition 13 c. requiring a solid row of coniferous trees on the north side of the berm and a row of deciduous trees on the south side of the berm; -condition 13 e. requiring irrigation for the berm. Molin Concrete page 18 18. A noise analysis shall be performed to test compliance with MPCA noise standards. This analysis should be completed and show no violation of the noise standards prior to City Council approval of the current applications. 19. The existing outdoor core slab casting bed (outdoor concrete pouring) shall be eliminated as soon as the new extruded precast manufacturing building is completed. This condition shall apply to the site plan and the conditional use permit covering the entire site. OPTIONS 1. Approve Resolution 01-171 approving the amendment of the conditional use permit, amendment of the interim use permit, and the site plan with conditions. 2. Deny the amendment of the conditional use permit, amendment of the interim use permit, and the site plan, and list reasons for the denial. 3. Continue the public hearing and return to staff with direction. RECOMMENDATION Option 1 This report is based on the following submittals received on the date listed: Grading, Drainage and Erosion Control Plan Plowe Engineering received 8/13/01 Utility Plan Plowe Engineering received 8/13/01 Wetland Mitigation Plan Plowe Engineering received 8/13/01 Set of Architectural, Structural, Mechanical Plans Professional Design Group received 8/13/01 Letter from Randy Molin Planting Plan, revised, Photometric Plan Lithonia Lighting Fixture Information Solar (shadow) Analyses dated August 7, received August 8 Professional Design Group received 10/102001 Professional Design Group received 9/26/01 received 10/10/01 and 10/16/01 Professional Design Group received 9/11/01 and 9/28/01 01-171 Council Member adoption. Molin Concrete page 19 introduced the following resolution and moved its CITY OF LINO LAKES RESOLUTION NO. 01-171 RESOLUTION APPROVING AMENDMENT OF AN EXISTING CONDITIONAL USE PERMIT, APPROVING AMENDMENT OF AN EXISTING INTERIM USE PERMIT, AND APPROVING A SITE PLAN REVIEW FOR MOLIN CONCRETE AT 415 LILAC DRIVE WHEREAS, Molin Concrete has submitted a request to the City to amend an existing conditional use permit, amend an existing interim use permit, and approve a site plan review for new facilities at 415 Lilac Drive, and WHEREAS, the Planning Commission opened a public hearing on the application on September 11, 2001, closed the public hearing on October 10, 2001, and recommended approval with conditions, and 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 2 Subd. 2.B.7 and by Section 8 Subd.2.I.9 of the zoning ordinance: a. This application will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. b. This application will be harmonious with the general and applicable specific plans and policies of the comprehensive plan of the City and this ordinance. c. This application will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. d. This application will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. Molin Concrete page 20 e. This application will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. f. This application 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. g. This application will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic on surrounding public thoroughfares. h. This application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. This application will conform to specific standards of this ordinance applicable to the particular use. J. All applicable Minnesota Pollution Control Agency requirements are satisfactorily met. k. A drainage system subject to the approval of the City Engineer shall be installed. 1. Storage areas are landscaped, fenced and screened from view of neighboring uses, abutting residential zoning districts and public rights-of-way in compliance with Section 3, Subd. 4.S. m. Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to approval of the City Engineer. n. All signing and informational or visual communication devices shall be compliance with the applicable provisions of Appendix C of the City Code. o. Provisions shall be made to control and minimize noise, air and water pollution. p. All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare or public betterment can be served as well or better by modifying the conditions. NOW, THEREFORE, BE IT RESOLVED, that the Lino Lakes City Council hereby approves amendment of the existing conditional use permit, approves amendment of the existing interim use permit, and approves the site plan review for 415 Lilac Drive, Molin Concrete page 21 BE IT ALSO RESOLVED that the following conditions apply: 1. All permits/approval required by the Rice Creek Watershed District, including drainage and grading and wetland delineation, shall be obtained prior to any site grading. The Watershed permit applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the site plan review. 2. Final utility, grading, and drainage plans must obtain approval from the City Engineer prior to site grading or building permit. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the site plan review. 3. If off-street parking creates safety concerns in the future, the City shall re-examine the parking needs and may require additional parking spaces. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site. 4. Proper building permits must be obtained prior to any construction of the new building. All proposed structures shall comply with applicable City building material requirements. An escrow shall be established according to City policy as part of the building permit to insure completion of all site improvements. This condition applies to the site plan review. 5. The approval of the site plan and amended conditional use permit includes the 70± foot height of the cement silos, as provided by Sec. 3. Subd 4.C.3. of the zoning ordinance, which allows a building height to exceed the zoning district standard with a conditional use permit. The need for the increase in height has been demonstrated and it does not violate the intent or character of the GI zoning district. The site is capable of accommodating the increased structure size. The silos will not increase traffic volumes or need for public services. The proposal meets the required increased setbacks and does not limit solar access. 6. The surfacing material of the site as shown on the submitted site plan and grading plan is acceptable. Additional bituminous areas may be paved and additional crushed asphalt may be applied without additional review by the City. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site. 7. Outdoor lighting is prohibited in the site's outdoor storage area (north of 77th St./Thomas St.). Permissible exterior lighting on the southern portion of the property shall be hooded and directed to reflect light away from neighboring residential properties and rights-of-way. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the interim use permit on the northern portion. 8. Lighting fixtures on the new building shall be the Lithonia Lighting KAD model of the Contour Series with a lens that does not extend below the fixture (as submitted to the City 10/10/2001). Lighting fixtures on the new overhead crane shall be the FP Molin Concrete page 22 Option of the Lithonia Lighting KACM model of the Contour Series with a lens that does not extend below the fixture (as submitted to the City 10/16/2001). This condition applies to the site plan review. 9. The site's western access point (from 4th Avenue) shall remain at the 77`h St./Thomas St. alignment. Access to Lilac St. shall be maintained as on the plans received by the City August 13, 2001. This condition applies to the overall conditional use permit for the concrete plant, covering the entire site, as well as the interim use permit on the northern portion. 10. A minimum 150 -foot setback shall be maintained along the site's northern boundary. The buffer yard consisting of a berm with plantings shall extend 40 feet north into this 150 -foot setback line (i.e., the berm shall be maintained in the southern part of the 150 -foot setback). The berm shall be maintained at an eight foot height. This condition shall apply to both the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit in the northern portion. 11. Trucks serving Molin shall not park along Lilac Street. Molin and its agents shall inform drivers of this condition. This condition shall apply to the overall conditional use permit on the entire site for the concrete plant. 12. All applicable MPCA requirements shall be satisfactorily met. This condition shall apply to the overall conditional use permit on the entire site for the concrete plant. 13. The following noise mitigation efforts shall be utilized: a. The outdoor storage yard on the northern portion shall be arranged such that truck backing maneuvers toward residential properties are minimized. This condition applies to the interim use permit. b. Molin equipment and trucks shall be outfitted with strobe lights to replace backup beepers during nighttime hours (6:00 p.m. to 8:00 a.m.). Because use of strobes rather than beepers has been approved by the Minnesota Dept. of Labor and Industry, OSHA, this condition shall apply to both the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit in the northern portion. However, this prohibition on beepers does not apply to semi -tractors that are not owned by Molin operating on the southern (GI zone) portion of the property. Nor does this prohibition apply to equipment being used on construction projects anywhere on the site. If, in the future, there is some reason under law why the strobes are not sufficient, Molin shall be required to apply for an amendment to the conditional use permit and interim use permit. c. There shall be no outdoor cutting, sawing, grinding, or similar activity anywhere on the site before 8:00 a.m. on Saturdays. (This prohibition does not apply to truck Molin Concrete page 23 loading or movement of product.) This condition applies to the conditional use permit for the concrete plant covering the entire site. d. There shall be no shuttle lifts, fork lifts, trucks, or other equipment operated in northern interim use permit area earlier than 8:00 a.m. on any day. This condition applies to the interim use permit. 14. a. The new landscaping plan dated received by the City October 10, 2001 shall be the approved plan with the addition of plantings described in 14.b. All plantings shall be in place by June 2002. Plantings shall be maintained in a healthy state. Dead plantings shall be replaced in a timely manner. This condition applies to the overall conditional use permit on the entire site for the concrete plant as well as the interim use permit for storage in the northern portion of the site. b. A double row of staggered conifers shall be planted along the northern Molin property line. Trees in each row shall be planted 36 feet apart to achieve the effect of a tree every 18 feet when viewed horizontally. (The wetland/pond may necessitate some variation to that pattern, however.) No trees are required to be planted along the western 230 feet. A conifer species with a maximum height of 30 feet shall be planted along the next 420 feet moving east. White pines shall be planted along the eastern 640 feet. 15. The interim use permit on the northern portion, zoned LI, allows for storage, not production. No production or finishing activities shall be conducted in this area. This includes cutting, grinding, and other such work. 16. The interim use permit will expire if there is a change in the land use in the LI District on the northern portion of the site. 17. The following conditions that were approved on October 27, 1997 shall no longer apply: -condition 11 a. requiring storing wall panels parallel to the buffer yard (berm); - condition 13 c. requiring a solid row of coniferous trees on the north side of the berm and a row of deciduous trees on the south side of the berm; - condition 13 e. requiring irrigation for the berm. 18. A noise analysis shall be performed to test compliance with MPCA noise standards. This analysis should be completed and show no violation of the noise standards prior to City Council approval of the current applications. 19. The existing outdoor core slab casting bed (outdoor concrete pouring) shall be eliminated as soon as the new extruded precast manufacturing building is completed. This condition shall apply to the site plan and the conditional use permit covering the entire site. Molin Concrete page 24 BE IT ALSO RESOLVED that the review and approval is based on the following: Grading, Drainage and Erosion Control Plan Plowe Engineering Utility Plan Plowe Engineering Wetland Mitigation Plan Plowe Engineering Set of Architectural, Structural, Mechanical Plans Professional Design Group received 8/13/01 received 8/13/01 received 8/13/01 received 8/13/01 Letter from Randy Molin Planting Plan, revised, Photometric Plan Lithonia Lighting Fixture Information Solar (shadow) Analyses Adopted by the Lino Lakes City Council this ATTEST: Ann Blair, City Clerk dated August 7, received August 8 Professional Design Group received 10/102001 Professional Design Group received 9/26/01 received 10/10/01 and 10/16/01 Professional Design Group received 9/11/01 and 9/28/01 day of , 2001 John J. Bergeson, Mayor The motion for adoption of the foregoing resolution was duly seconded by Council Member and upon vote being taken thereon, the following voted in favor thereof: The following voted against same: Environmental Memo To: Jeff Smyser From: Marty Asleson CC: Michael Grochala Date: August 31, 2001 Re: Environmental Board Recommendations LINO LAKES ENVIRONMENTAL BOARD AUGUST 29, 2001 RECOMMENDATIONS The Lino Lakes Environmental Board made the following recommendations on August 29: 2. Molin Concrete Site Plan Review Motion made to table pending; submission of landscape plan, tree inventory, Rice Creek Watershed's TWAFFA requirement information, lighting plan, an understanding of chemical use on the site, use of well heads on site as indicated by the County Well Point Index. The Landscape Plan should show the use of native groundcover plants and trees, the berm area on the north should be looked at for effectiveness and the use of irrigation, and the that the City should re -focus on the priorities set forth in the current Surface Water management Plan review process so that the surface water issues are better understood in plan review sites such as Molin Concrete. Motion was made by Connie Grundhoffer, second by Amy Donlin, all approved. osaei*--AC 8 a G,'.17., ,P L.. miler/%,7c, cra,,e /9 s i GEORGE mmumumn pe VP�+'vy �,� .�a� �y R 01LMNo2 rec rims -o no =a min= do'faa__= i-�d la !I1!1Ii ' s 10 50 S tnEEV App' 6 "u." NI" R/6,,, ., • • • OA, • ShhAwp9O ' 'Tlu:Eat • P • AIR /3V , 1 f2 lr7.—p'P 8:_. _✓ PARK '• DON' I4 SIO PSI 13 1112' I .l 6 IC • S NGLE A : 'r;;•'7 ••:!.;;;;,!: .1;;; • I • ;LI 1. • MARSHAN LAKE 1 1 1 1 1 1 1 1 1 1 1 al 1 0 vami 4t4 LU r ',I RJ CD 0 1 1 d t 19 1 1 1 1 DRAINAGE ANIY MOLIN CONCRA't Lim Lake*. 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