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HomeMy WebLinkAbout2015-091 Council Resolution l(t7/7-0IS CITY OF LINO LAKES RESOLUTION NO. 15-91 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR EARTH MOVING/BORROW PIT AT 7860 SUNSET AVENUE WHEREAS,the City has received an application for a conditional use permit for earth moving/borrow pit hereafter referred to as "Development"; and WHEREAS, Section 1007.050, Earth Moving and Land Reclamation states earth removal shall be permitted in all zoning districts and establishes conditions that must be met; and WHEREAS,the legal descriptions of the subject properties are: THAT PRT OF SWIA OF NWIA OF SEC 7 TWP 31 RGE 22 DESC AS FOL: BEG AT A PT ON W LINE OF SD 1/4 1/4, 328 FT S OF NW COR THEREOF, TH E PRLL/W N LINE OF SD 1/4 1/4, 1047 FT, TH S PRLL/W SD W LINE 208FT, TH W PRLL/W SD N LINE 1047 FT TO SD W LINE, TH N ALG SD W LINE 208 FT TO POB, EX RD, SUBJ TO EASE OF REC (PID #07-31-22-23-0005) And THAT PRT OF SWIA OF NWIA OF SEC 7 TWP 31 RGE 22 DESC AS FOL: BEG AT PT ON W LINE OF SD 1/4 1/4, 536 FT S OF NW COR THEREOF, TH E PRLL/W N LINE OF SD 1/4 1/4, 1047 FT, TH S PRLL/W SD W LINE 208 FT,TH W PRLL/W SD N LINE 1047 FT TO SD W LINE, TH N ALG SD W LINE 208 FT TO POB, EX RD, SUBJ TO EASE OF REC (PID#07-31-22-23-0006) WHEREAS, City staff has completed a review of the proposed"Development"based on the plan set prepared by Plowe Engineering, Inc. dated July 10, 2015 and received by the City on July 9, 2015; and WHEREAS, a public hearing was held before the Planning& Zoning Board on August 12, 2015 and the Board recommended approval of the conditional use permit; and WHEREAS,the City Council of the City of Lino Lakes makes the following findings: 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility(Sewer and Water)Plans. d. Local Water Management Plan. e. Capital Improvement Plan. 1 f. Policy Plan. g. Natural Environment Plan. The proposed earth moving/borrow pit excavation is consistent with the Comprehensive Plan. The grading plan and earth moving operation have been reviewed by City staff and RCWD. The excavation is temporary and will not have a negative impact on land use, transportation, utilities or the environment. 2. The proposed development application is compatible with present and future land uses of the area. The proposed earth moving/borrow pit excavation is compatible with present and future land uses of the area. The excavation is temporary. Present land use is rural and vacant rural with a single family home. Future land use is medium density residential. Earth moving is allowed in all zoning districts with conditions. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed earth moving/borrow pit excavation conforms to the performance standards of the City Code with conditions as established. The plans have been reviewed by City staff and RCWD. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C,traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D,traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F,the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the 2 proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However,the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs 1.to 4. above do not apply to the I- 35W/Lake Drive or 1-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project, how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties, that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Traffic generated by excavation of the borrow pit will be temporary and is within the capabilities of the City. Material transport between the borrow pit and fill location (Century Farm North 6`h Addition) will be across undeveloped city park property. A temporary access easement will be required. Equipment and vehicles shall not use the improved section of Robinson Drive for access to the borrow pit. The hauling, dumping and grading of excavated materials shall occur within the boundaries of Century Farm North 6`h Addition. Materials are not to be exported outside these boundaries. Truck traffic would not access CR 53 except for mobilization, refueling and maintenance. 5. The proposed development shall be served with adequate and safe water supply. The proposed earth moving/borrow pit excavation does not require service by a water supply. 6. The proposed development shall be served with an adequate and safe sanitary sewer system The proposed earth moving/borrow pit excavation does not require service by sanitary sewer. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The proposed earth moving/borrow pit excavation shall not expend City funds. 3 8. The proposed development 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. The proposed earth moving/borrow pit will not be detrimental to any persons or property. Hours of operation, noise and erosion/dust control measures will be enforced. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed earth moving/borrow pit will not result in the destruction, loss or damage of natural, scenic or historic features. The existing wetlands and public ditch system will not be affected by the activities. No scenic or historic features exist in the area; and WHEREAS, in addition to the criteria established under Section 1007.016, Conditional Use Permits, Section 1007.050, Earth Moving and Land Reclamation establishes the following conditions that shall be met: (a) Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. (b) Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. (c) Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. (d) Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. (e) Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non-decomposable material. Concrete, asphalt,metal, wood, and other debris shall be prohibited.No fill material shall be imported on site without City inspection and approval. (f) Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins. (g) Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. (h) Specify a time when the excavation or land reclamation project shall be completed. 4 (i) Place a minimum of four(4) inches of top soil over the completed project and establish appropriate ground cover within sixty(60) days of completion, or in a time period consistent with the City's stormwater management and pollution prevention plan. 0) Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. (k) Implement the tree preservation plan. (Not applicable) (1) In addition to a conditional use permit,the City Engineer may determine that permits in excess of twenty-five thousand (25,000) cubic yards require the applicant to conduct a neighborhood meeting and to notify affected property owners within one- quarter(1/4)mile. (Not applicable) (m) Post a form of security and sum as the permitted authority may require, running to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation, removal, storage, or filling of rock, sand, dirt, gravel, clay, or other like material within the City. (n) Other conditions deemed appropriate to the application by the permitting authority. NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit for earth moving, subject to the following conditions: 1. All comments from the City Engineer letter dated August 4, 2015 shall be addressed. 2. All comments from the Environmental Coordinator letter dated August 27, 2015 shall be addressed. 3. A Temporary Access Easement shall be drafted by the applicant and submitted to the City for review and recording. 4. A Development Agreement shall be drafted by the City and executed by both parties and recorded. 5. The applicant shall obtain all required RCWD permits. 6. Soil borings for the borrow pit area shall be submitted. 7. Traffic Generation: a. Equipment and vehicles shall not use the improved section of Robinson Drive for access to the borrow pit. b. The hauling, dumping and grading of excavated materials shall occur within the boundaries of Century Farm North 6th Addition. 5 c. Materials shall not be exported outside these boundaries. d. Truck traffic shall not access CR 53 except for mobilization, refueling and maintenance. Adopted by the Council of the City of Lino Lakes this 14t'day of September, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member K ust- rman and was duly seconded by Council Member Roeser and upon vote being taken thereon,the following voted in favor thereof: Kusterman, Roeser, Stoesz, Reinert The following voted against same: none (Absent - Rafferty) Jeff ReinertA4a r ATTEST: �ne artell, City Cler 6 Record ID 3279870 CITYL OF IN � KE 2118492 . 002 S CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 15-91 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State of Minnesota, certify that I have examined the attached copy of Resolution No. 15-91, Approving a Condition Use Permit for Earth Moving/Borrowing Pit at 7860 Sunset Avenue, approved by the Lino Lakes City Council on September 14, 2015, and have carefully compared the same with the original on file in this office, and that the attached copy is a true, correct and complete copy of the original. IN WITNESS WHEREOF, I have signed and affixed the city seal on September 17, 2015. k 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 15-91 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR EARTH MOVING/BORROW PIT AT 7860 SUNSET AVENUE WHEREAS,the City has received an application for a conditional use permit for earth movingiborrow pit hereafter referred to as "Development"; and WHEREAS, Section 1007.050,Earth Moving and Land Reclamation states earth removal shall be permitted in all zoning districts and establishes conditions that must be met; and WHEREAS,the legal descriptions of the subject properties are: THAT PRT OF SWIA OF NW1/4 OF SEC 7 TWP 31 RGE 22 DESC AS FOL: BEG AT A PT ON W LINE OF SD 1/4 1/4, 328 FT S OF NW COR THEREOF,TH E PRLL/W N LINE OF SD 1/4 1/4, 1047 FT, TH S PRLL/W SD W LINE 208FT,TH W PRLL/W SD N LINE 1047 FT TO SD W LINE, TH N ALG SD W LINE 208 FT TO POB,EX RD, SUBJ TO EASE OF REC (PID#07-31-22-23-0005) And THAT PRT OF SW 1/4 OF NW 1/4 OF SEC 7 TWP 31 RGE 22 DESC AS FOL:BEG AT PT ON W LINE OF SD 1/4 1/4, 536 FT S OF NW COR THEREOF,TH E PRLL/W N LINE OF SD 1/4 1/4, 1047 FT, TH S PRLL/W SD W LINE 208 FT,TH W PRLL/W SD N LINE 1047 FT TO SD W LINE, TH N ALG SD W LINE 208 FT TO POB,EX RD, SUBJ TO EASE OF REC(PID#07-31-22-23-0006) WHEREAS, City staff has completed a review of the proposed"Development"based on the plan set prepared by Plowe Engineering, Inc. dated July 10, 2015 and received by the City on July 9, 2015; and WHEREAS,a public hearing was held before the Planning&Zoning Board on August 12,2015 and the Board recommended approval of the conditional use permit; and WHEREAS,the City Council of the City of Lino Lakes makes the following findings: 1. The proposed development application has been found to be consistent with the policies and recommendations of the Lino Lakes Comprehensive Plan including: a. Land Use Plan. b. Transportation Plan. c. Utility(Sewer and Water)Plans. d. Local Water Management Plan. e. Capital Improvement Plan. 1 f. Policy Plan. g. Natural Environment Plan. The proposed earth moving/borrow pit excavation is consistent with the Comprehensive Plan. The grading plan and earth moving operation have been reviewed by City staff and RCWD. The excavation is temporary and will not have a negative impact on land use, transportation, utilities or the environment. 2. The proposed development application is compatible with present and future land uses of the area. The proposed earth moving/borrow pit excavation is compatible with present and future land uses of the area. The excavation is temporary. Present land use is rural and vacant rural with a single family home. Future land use is medium density residential. Earth moving is allowed in all zoning districts with conditions. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed earth moving/borrow pit excavation conforms to the performance standards of the City Code with conditions as established. The plans have been reviewed by City staff and RCWD. 4. Traffic generated by a proposed development application is within the capabilities of the City when: a. If the existing level of service (LOS) outside of the proposed subdivision is A or B, traffic generated by a proposed subdivision will not degrade the level of service more than one grade. b. If the existing LOS outside of the proposed subdivision is C,traffic generated by a proposed subdivision will not degrade the level of service below C. c. If the existing LOS outside of the proposed subdivision is D,traffic generated by a proposed subdivision will not degrade the level of service below D. d. The existing LOS must be D or better for all streets and intersections providing access to the subdivision. If the existing level of service is E or F,the subdivision developer must provide, as part of the proposed project, improvements needed to ensure a level of service D or better. e. Existing roads and intersections providing access to the subdivision must have the structural capacity to accommodate projected traffic from the 2 proposed subdivision or the developer will pay to correct any structural deficiencies. f. The traffic generated from a proposed subdivision shall not require City street improvements that are inconsistent with the Lino Lakes Capital Improvement Plan. However,the City may, at its discretion, consider developer-financed improvements to correct any street deficiencies. g. The LOS requirements in paragraphs 1.to 4. above do not apply to the I- 35W/Lake Drive or I-35E/Main St. interchanges. At City discretion, interchange impacts must be evaluated in conjunction with Anoka County and the Minnesota Dept. of Transportation, and a plan must be prepared to determine improvements needed to resolve deficiencies. This plan must determine traffic generated by the subdivision project,how this traffic contributes to the total traffic, and the time frame of the improvements. The plan also must examine financing options, including project contribution and cost sharing among other jurisdictions and other properties,that contribute to traffic at the interchange. h. The City does not relinquish any rights of local determination. Traffic generated by excavation of the borrow pit will be temporary and is within the capabilities of the City. Material transport between the borrow pit and fill location (Century Farm North 6th Addition)will be across undeveloped city park property. A temporary access easement will be required. Equipment and vehicles shall not use the improved section of Robinson Drive for access to the borrow pit. The hauling, dumping and grading of excavated materials shall occur within the boundaries of Century Farm North 6`h Addition. Materials are not to be exported outside these boundaries. Truck traffic would not access CR 53 except for mobilization, refueling and maintenance. 5. The proposed development shall be served with adequate and safe water supply. The proposed earth moving/borrow pit excavation does not require service by a water supply. 6. The proposed development shall be served with an adequate and safe sanitary sewer system The proposed earth moving/borrow pit excavation does not require service by sanitary sewer. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. The proposed earth moving/borrow pit excavation shall not expend City funds. 3 8. The proposed development 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. The proposed earth moving/borrow pit will not be detrimental to any persons or property. Hours of operation, noise and erosion/dust control measures will be enforced. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The proposed earth moving/borrow pit will not result in the destruction, loss or damage of natural, scenic or historic features. The existing wetlands and public ditch system will not be affected by the activities. No scenic or historic features exist in the area; and WIUREAS, in addition to the criteria established under Section 1007.016, Conditional Use Permits, Section 1007.050,Earth Moving and Land Reclamation establishes the following conditions that shall be met: (a) Properly fence any pit or excavation, and barricade entrances to prevent the general public from depositing garbage or refuse. (b) Slope the banks, and otherwise guard and keep any pit or excavation in such condition as not to be dangerous because of sliding or caving banks. (c) Properly drain, fill, or level off any pit or excavation so as to make the same safe and healthful as the permitting authority may determine. (d) Limit the depth of such excavation to an elevation no lower than the minimum floor elevation for building construction as established by the City Engineer, so as not to diminish development potential of the parcel. (e) Limit any fill material to clean fill, defined as rock, sand, gravel, clay, or other like and similar non-decomposable material. Concrete, asphalt,metal,wood, and other debris shall be prohibited.No fill material shall be imported on site without City inspection and approval. (0 Require that all decomposable material, or other unsuitable foundation material, be removed from an area before deposition of fill begins. (g) Prepare a site plan showing existing and proposed grade elevations and effect of storm water drainage on adjacent areas. (h) Specify a time when the excavation or land reclamation project shall be completed. 4 (i) Place a minimum of four(4) inches of top soil over the completed project and establish appropriate ground cover within sixty(60)days of completion, or in a time period consistent with the City's stormwater management and pollution prevention plan. 0) Reimburse the City for the cost of periodic inspections by the City for the purpose of determining that the terms under which the permit has been issued are being complied with. (k) Implement the tree preservation plan. (Not applicable) (1) In addition to a conditional use permit,the City Engineer may determine that permits in excess of twenty-five thousand (25,000) cubic yards require the applicant to conduct a neighborhood meeting and to notify affected property owners within one- quarter(1/4)mile. (Not applicable) (m) Post a form of security and sum as the permitted authority may require, running to the City, conditioned to pay the City the cost and expense of repairing or cleaning any highways, streets, or other public ways within the City made necessary by the special burden resulting from transporting thereon by the applicant material to or from the site, the amount of such cost to be determined by the Council; and conditioned further to comply with all the requirements of this Ordinance and the particular permit, and to save the City free and harmless from all suits or claims for damages resulting from the negligent excavation,removal, storage, or filling of rock, sand, dirt, gravel,clay, or other like material within the City. (n) Other conditions deemed appropriate to the application by the permitting authority. NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit for earth moving, subject to the following conditions: 1. All comments from the City Engineer letter dated August 4, 2015 shall be addressed. 2. All comments from the Environmental Coordinator letter dated August 27, 2015 shall be addressed. 3. A Temporary Access Easement shall be drafted by the applicant and submitted to the City for review and recording. 4. A Development Agreement shall be drafted by the City and executed by both parties and recorded. 5. The applicant shall obtain all required RCWD permits. 6. Soil borings for the borrow pit area shall be submitted. 7. Traffic Generation: a. Equipment and vehicles shall not use the improved section of Robinson Drive for access to the borrow pit. b. The hauling,dumping and grading of excavated materials shall occur within the boundaries of Century Farm North 6th Addition. 5 E c. Materials shall not be exported outside these boundaries. d. Truck traffic shall not access CR 53 except for mobilization,refueling and maintenance. Adopted by the Council of the City of Lino Lakes this 14ffi day of September, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member KLGtPrman and was duly seconded by Council Member Roeser and upon vote being taken thereon,the following voted in favor thereof: Kusterman, Roeser, Stoesz, Reinert The following voted against same: none (Absent — Rafferty) Jeff Reine a r ATTEST: e Bartell, City �Ier � 6 ANOKA COU.\TY -MINNESOTA Document No.: 2118492.002 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 09121 2015 11:39:00 AM FeeslTaxes In the Amount of $46.00 JONELL M. SAIA'YER Anoka County Property Tax Administrator'Recorder'Registrar of Titles LBS, Deputy Record ID: 3279870