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HomeMy WebLinkAbout2001-182 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 01-182 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 WHEAREAS, the City Council of the City of Lino Lakes adopted Resolution 01-171 on October 22, 2001, but subsequent information necessitates reconsideration of the conditions included in that resolution, 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 thesubmitted 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. Upon issuance of the certificate of occupancy for the new extruded precast manufacturing building, operating hours for shuttle lifts shall be no earlier than 7:00 a.m. and no later than 8:00 p.m. anywhere on the site on any day. This applies to the conditional use permit on the entire site and the interim use permit on the northern portion. 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 Resolution 01-171 is hereby made null and void. 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 )3 %- day of , 2001 John J. Bergeson, Mayor ATTEST: Ann Blair, City jerk Re: MOLIN CONCRETE CONDITIONAL USE PERMIT Legal Property Description for Molin Concrete Products Company 415 Lilac St. Lino Lakes, MN 55014 The South Half of the Northwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, Anoka county, Minnesota; The Southwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, EXCEPT the East 260 feet of the South 832 feet thereof, ALSO EXCEPTING the South 412 feet of the Southwest Quarter, Anoka County, Minnesota; The South 412 feet of the Southwest Quarter of the Southwest Quarter of Section 8, Township 31, Range 22, Anoka County, Minnesota, EXCEPT the East 260 feet thereof. Resolution No. 01-182 Councilmember O'Donnell introduced Resolution No. 01-182 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Carlson and upon vote being taken thereon, the following voted in favor thereof: Reinert, Dahl, Bergeson, Carlson and O'Donnell. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 01-182 STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 01-182 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: RESOLUTION NO. 01-182 APPROVING AMENDMENT OF AN EXISTING CONDITIONAL USE PERMIT, APPROVING THE AMENDMENT OF AN EXISTING INTERIM USE PERMIT, AND APPROVING A SITE PLAN REVIEW FOR MOLIN CONCRETE AT 415 LILAC DRIVE. Witness my hand as said City Clerk and the Corporate Seal of the City this 13th day of November, 2001. lair (SEAL)