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HomeMy WebLinkAbout2016-030 Council Resolution lip CITY OF LINO LAKES RESOLUTION NO. 16-30 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR A VETERINARY HOSPITAL FOR RICE CREEK ANIMAL HOSPITAL (6505 WARE ROAD SUITE #230) WHEREAS,the City has received an application for a conditional use permit and site plan review for a veterinary hospital for Rice Creek Animal Hospital located at 6505 Ware Road Suite#230 hereafter referred to as"Development"; and WHEREAS,the property is zoned GB, General Business/PDO, Planned Development Overlay and allows for a veterinary hospital with a conditional use permit; and WHEREAS, Rice Creek Animal Hospital currently operates at 6511 Ware Road Suite #140 in Spirit Hills Center and a conditional use permit was approved on December 20, 2010 with Resolution No. 10-116 for a veterinary hospital at that location; and WHEREAS,the relocation of the veterinary hospital to a new building requires a new conditional use permit; and WHEREAS,the legal description of the subject property is: Lot 1, Block 1, Spirit Hills Center; and WHEREAS, City staff has completed a review of the proposed"Development"based on the plan set prepared by Krech, O'Brien, Mueller&Associates dated March 14, 2016 and received by the City on March 14,2016; and WHEREAS,a public hearing was held before the Planning&Zoning Board on April 13, 2016 and the Board recommended approval of the conditional use permit and site plan review; and WHEREAS, a Site Improvement Performance Agreement will not be required due to the limited exterior site improvements proposed for the relocation of the veterinary hospital; and WHEREAS,the City Council of the City of Lino Lakes makes the following findings of fact: 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. 1 c. Utility(Sewer and Water)Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The proposed veterinary hospital is consistent with the Comprehensive Plan. The property is guided for commercial development and a veterinary hospital is consistent with that land use designation. Goal#1, Policy#S of the Economic Development Plan is to integrate into neighborhoods retail and service commercial activities that serve the neighborhood. The development will not burden the transportation or utility systems or negatively impact the natural environment. 2. The proposed development application is compatible with present and future land uses of the area. The proposed veterinary hospital is compatible with present and future land uses of the area. The surrounding neighborhoods are residential and commercial. The animal hospital currently operates in a tenant space in Spirit Hills Center, a fully developed multi-tenant retail center, without incident and has established a strong client base in the area. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed veterinary hospital conforms to the performance standards of the City Code with conditions as established. The plans have been reviewed by City staff. 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. 2 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 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 the relocated veterinary hospital is within the capabilities of the transportation system. CSAH 34 is a minor arterial road and is capable of handling traffic from the proposed relocation. Rice Creek Animal Hospital currently operates in the Spirit Hills Center, a fully developed multi-tenant retail center, without traffic issues. 5. The proposed development shall be served with adequate and safe water supply. The proposed veterinary hospital is served with adequate and safe water supply. The Spirit Hills Center is a fully developed multi-tenant retail center served by an 8" watermain and adequate water supply. 6. The proposed development shall be served with an adequate and safe sanitary sewer system The proposed veterinary hospital is served with an adequate and safe sanitary sewer system. The Spirit Hills Center is a fully developed multi-tenant retail center served by an 8"sanitary sewer and adequate sanitary system. 3 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 veterinary hospital shall not expend City funds. 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 veterinary hospital will not be detrimental to any persons or property. The kennel "run"area will be soundproofed for noise. All deceased pets will be temporarily held in a chest freezer and picked up daily by the Veterinary Hospital Association for cremation. 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 veterinary hospital will not result in the destruction, loss or damage of natural, scenic or historic features. No scenic or historic features exist in the area. Spirit Hills Center is an existing fully developed multi-tenant retail center. WHEREAS, in addition to the criteria established under Section 1007.016, Conditional Use Permits above, Section 1007.112(8)(n), GB, General Business establishes the following conditions that shall be met: (n) Veterinary Hospitals provided that: 1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. The area where pets will be confined is in the southwest corner of the building(labeled "run" on the floor plans) adjacent to CSAH 34/Birch Street. Soundproofing for this room will have walls going to the deck with an additional layer of 5/8"drywall and sound batting insulation installed between the drywall. For the ceiling, insulating panels above the existing drop down ceiling will also help reduce any noise pollution. For the door, a solid core door with a large door sweep will be installed and the space between the door and the frame will be insulated to reduce noise penetration. 2. Animal carcasses are properly disposed of in a manner not utilizing on- site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. All deceased pets will be temporarily held in a chest freezer and picked up daily by Veterinary Hospital Association for cremation. 4 3. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: a. The number of animals boarded shall not exceed twenty (20). b. An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and walls shall be made of non-porous materials or sealed concrete to make it non-porous. f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. There will not be any commercial kenneling of animals at the veterinary hospital. The only animals that will be housed there will be either sick patients or patients awaiting/recovering from surgery. 4. The appropriate license is obtained from the City and the conditions of Chapter 503 relating to the keeping of animals are satisfactorily met. Conditions of Chapter 503 have been met. 5. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. The applicant shall obtain any necessary permits from other agencies as required. NOW,THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit and site plan review for a veterinary hospital for Rice Creek Animal Hospital subject to the following conditions: 1. All comments from the City Engineer letter dated April 6, 2016 shall be addressed. 2. A building permit is required prior to construction. 3. A sign permit is required prior to installation of any new wall or monument signage. 5 4. City SAC &WAC trunk fees will be paid with the building permit in accordance with Met Council's SAC determination. 5. Exterior lighting plans and details for the vestibule addition shall be submitted. Adopted by the Council of the City of Lino Lakes this 91h day of May, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council Member MaNTHEY and upon vote being taken thereon,the following voted in favor thereof: Maher, Manthey, Kusterman, Rafferty, Reinert The following voted against same: none CJeeinert,L�r ATTEST: �n— C;Va Bartell, City lerk 6 CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: May 9, 2016 TOPIC: Rice Creek Animal Hospital i) Consider Resolution No. 16-30 Approving Conditional Use Permit and Site Plan Review for a Veterinary Hospital VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting City Council consideration of a Conditional Use Permit and Site Plan Review for a veterinary hospital for Rice Creek Animal Hospital. The subject property is located at 6505 Ware Road Suite#230. Complete Application Date: March14, 2016 60-Day Review Deadline: May 13, 2016 120-Day Review Deadline: July 12, 2016 Planning&Zoning Board Meeting: April 13,2016 Environmental Board Meeting: NA Park Board Meeting: NA City Council Work Session: May 2, 2016 City Council: May 9, 2016 BACKGROUND Brian Hansen submitted a Land Use Application for a conditional use permit and site plan review for a veterinary hospital. His business, Rice Creek Animal Hospital, currently operates at 6511 Ware Road Suite#140 in Spirit Hills Center and he would like to relocate to 6505 Ware Road Suite#230 in Spirit Hills Center. The Planning&Zoning Staff Report dated April 13,2016 details compliance of the project with the City's Comprehensive Plan and zoning ordinance. The Planning &Zoning Board held a public hearing on April 13, 2016. One Board member suggested striping two (2)additional parking stalls to the west of the driveway thru. After further review of the site and considering the owner's intent to use the existing bank canopy as a drop off area, it was decided not to stripe 2 more parking stalls. 1 There were no other public comments and the Board recommended approval with a 5-0 vote. Site Improvement Performance Agreement A Site Improvement Performance Agreement will not be required due to the limited exterior site improvements proposed for the relocation of the veterinary hospital. City SAC &WAC trunk fees will be paid with the building permit in accordance with Met Council's SAC determination. RECOMMENDATION Staff and the Board recommend approval of Resolution No. 16-30. ATTACHMENTS 1. Aerial Map 2. Plan Set dated March 14, 2016 3. Resolution No. 16-30 2 Record ID 3860101 CITY 2137195 . 002OF LN L KE CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 16-30 STATE OF MINNESOTA) COUNTY OF ANOKA) SS CITY OF LINO LAKES) 1, 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. 16-30, Approving a Conditional Use Permit Amendment for Rice Creek Animal Hospital, approved by the Lino Lakes City Council on May 9, 2016, 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. f� IN WITNESS WHEREOF, I have signed and affixed the city seal on May 10, 2016. Cit}%�ler 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-24" CITY OF LINO LAKES RESOLUTION NO. 16-30 RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN REVIEW FOR A VETERINARY HOSPITAL FOR RICE CREEK ANIMAL HOSPITAL (6505 WARE ROAD SUITE#230) WHEREAS, the City has received an application for a conditional use permit and site plan review for a veterinary hospital for Rice Creek Animal Hospital located at 6505 Ware Road Suite#230 hereafter referred to as"Development"; and WHEREAS,the property is zoned GB, General Business/PDO, Planned Development Overlay and allows for a veterinary hospital with a conditional use permit; and WHEREAS, Rice Creek Animal Hospital currently operates at 6511 Ware Road Suite #140 in Spirit Hills Center and a conditional use permit was approved on December 20, 2010 with Resolution No. 10-116 for a veterinary hospital at that location; and WHEREAS, the relocation of the veterinary hospital to a new building requires a new conditional use permit; and WHEREAS, the legal description of the subject property is: Lot 1, Block 1, Spirit Hills Center; and WHEREAS,City staff has completed a review of the proposed"Development"based on the plan set prepared by Krech, O'Brien,Mueller& Associates dated March 14, 2016 and received by the City on March 14, 2016; and WHEREAS, a public hearing was held before the Planning&Zoning Board on April 13, 2016 and the Board recommended approval of the conditional use permit and site plan review; and WHEREAS, a Site Improvement Performance Agreement will not be required due to the limited exterior site improvements proposed for the relocation of the veterinary hospital; and WHEREAS,the City Council of the City of Lino Lakes makes the following findings of fact: 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. 1 c. Utility(Sewer and Water)Plans. d. Local Water Management Plan. e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. The proposed veterinary hospital is consistent with the Comprehensive Plan. The property is guided for commercial development and a veterinary hospital is consistent with that land use designation. Goal 41, Policy#S of the Economic Development Plan is to integrate into neighborhoods retail and service commercial activities that serve the neighborhood. The development will not burden the transportation or utility systems or negatively impact the natural environment. 2. The proposed development application is compatible with present and future land uses of the area. The proposed veterinary hospital is compatible with present and future land uses of the area. The surrounding neighborhoods are residential and commercial. The animal hospital currently operates in a tenant space in Spirit Hills Center, a fully developed multi-tenant retail center, without incident and has established a strong client base in the area. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. The proposed veterinary hospital conforms to the performance standards of the City Code with conditions as established. The plans have been reviewed by City staff. 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. 2 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 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 the relocated veterinary hospital is within the capabilities of the transportation system. CSAH 34 is a minor arterial road and is capable of handl ing trafc from the proposed relocation. Rice Creek Animal Hospital currently operates in the Spirit Hills Center, a fully developed multi-tenant retail center, without traffic issues. 5. The proposed development shall be served with adequate and safe water supply. The proposed veterinary hospital is served with adequate and safe water supply. The Spirit Hills Center is a fully developed multi-tenant retail center served by an 8" watermain and adequate water supply. 6. The proposed development shall be served with an adequate and safe sanitary sewer system The proposed veterinary hospital is served with an adequate and safe sanitary sewer system. The Spirit Hills Center is a fully developed multi-tenant retail center served by an 8" sanitary sewer and adequate sanitary system. 3 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 veterinary hospital shall not expend City funds. 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 veterinary hospital will not be detrimental to any persons or property. The kennel "run"area will be soundproofed for noise. All deceased pets will be temporarily held in a chest freezer and picked up daily by the Veterinary Hospital Association for cremation. 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 veterinary hospital will not result in the destruction, loss or damage of natural, scenic or historic features. No scenic or historic features exist in the area. Spirit Hills Center is an existing fully developed multi-tenant retail center. WHEREAS, in addition to the criteria established under Section 1007.016, Conditional Use Permits above, Section 1007.112(8)(n), GB, General Business establishes the following conditions that shall be met: (n) Veterinary Hospitals provided that: 1. All areas in which animals are confined are located indoors and are properly soundproofed from adjacent properties. The area where pets will be confined is in the southwest corner of the building(labeled "run" on the floor plans) adjacent to CSAH 34/Birch Street. Soundproofing for this room will have walls going to the deck with an additional layer of 5/8"drywall and sound batting insulation installed between the drywall. For the ceiling, insulating panels above the existing drop down ceiling will also help reduce any noise pollution. For the door, a solid core door with a large door sweep will be installed and the space between the door and the frame will be insulated to reduce noise penetration. 2. Animal carcasses are properly disposed of in a manner not utilizing on- site garbage facilities or incineration and the carcasses are properly refrigerated during periods prior to disposal. All deceased pets will be temporarily held in a chest freezer and picked up daily by Veterinary Hospital Association for cremation. 4 3. An indoor animal kennel is permitted as a use accessory to the veterinary hospital provided that: a. The number of animals boarded shall not exceed twenty (20). b. An indoor exercise area shall be provided to accommodate the periodic exercising of animals boarded at the kennel. No outdoor exercising of animals shall be permitted. c. A ventilation system shall be designed so that no odors or organisms will spread between wards or to the outside air and will be capable of completely exchanging internal air at a rate of at least twice per hour. Air temperature must be maintained between 60 and 75 degrees Fahrenheit. d. A room separate from the kennel area shall be provided of sufficient size to adequately separate animals that are sick or injured from healthy animals. e. Indoor animal kennel floors and walls shall be made of non-porous materials or sealed concrete to make it non-porous. f. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a container of sufficient construction to eliminate odors and organisms and shall be properly disposed of at least once a day. There will not be any commercial kenneling of animals at the veterinary hospital. The only animals that will be housed there will be either sick patients or patients awaiting/recovering from surgery. 4. The appropriate license is obtained from the City and the conditions of Chapter 503 relating to the keeping of animals are satisfactorily met. Conditions of Chapter 503 have been met. 5. All State Health Department and Minnesota Pollution Control Agency requirements for such facilities are met. The applicant shall obtain any necessary permits from other agencies as required. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit and site plan review for a veterinary hospital for Rice Creek Animal Hospital subject to the following conditions: 1. All comments from the City Engineer letter dated April 6, 2016 shall be addressed. 2. A building permit is required prior to construction. 3. A sign permit is required prior to installation of any new wall or monument signage. 5 4. City SAC &WAC trunk fees will be paid with the building permit in accordance with Met Council's SAC determination. 5. Exterior lighting plans and details for the vestibule addition shall be submitted. Adopted by the Council of the City of Lino Lakes this 9t'day of May, 2016. The motion for the adoption of the foregoing resolution was introduced by Council Member Maher and was duly seconded by Council Member MaNTHEY and upon vote being taken thereon,the following voted in favor thereof: Maher, Manthey, Kusterman, Rafferty, Reinert The following voted against same: none JZITReiner5A4r ATTEST: CZ'i �eBartell, City lerk 6 ANOKA COUNTY MINNESOTA Document No.: 2137195.002 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 05/16/2016 3:30:00 PM Fees/Taxes In the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax Administrator/Recorder,'Registrar of Titles MLM, Deputy Record ID: 3860101