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HomeMy WebLinkAbout2018-046 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 18-46 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR COMMERCIAL DAY CARE FACILITY (6499 LAKOTA TRAIL) WHEREAS, the City received an application for a conditional use permit for a commercial day care facility for Love to Grow On hereafter referred to as "Development"; and WHEREAS, the property is zoned NB,Neighborhood Business and allows for a commercial day care facility with a conditional use permit; and WHEREAS, the legal description of the subject property is Lot 1, Block 16, Millers Crossroads; and WHEREAS, City staff completed a review of the proposed Development based on the following plans: • March 23, 2018: Revised Plan Set,prepared by Rylaur, LLC • March 23, 2018: Revised Summary Report, prepared by Rylaur, LLC • March 22, 2018: Revised Stormwater Management Plan, prepared by Hakanson Anderson • March 16, 2018: Revised Traffic Impact Study, Traffic Impact Group, LLC; and WHEREAS, a public hearing was held before the Planning & Zoning Board on March 14, 2018 and continued to April 11, 2018, and the Board recommended approval of the conditional use permit. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby 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. c. Utility(Sewer and Water) Plans. d. Local Water Management Plan. 1 e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. Love to Grow On is consistent with the official City Comprehensive Plan. The parcel is guided commercial and a day care facility is consistent with that land use. The development is also consistent with the goals and policies of the comprehensive plan in regards to resource management, transportation, utilities, local water management plan, capital improvement plan,policy plan and natural environment plan. 2. The proposed development application is compatible with present and future land uses of the area. Love to Grow On is compatible with present and future land uses of the area. Land uses surrounding the subject site are guided for commercial development and low density and medium density residential development. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. n Love to Grow On conforms to performance standards of the City Code. 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 proposed subdivision or the developer will pay to correct any structural deficiencies. 2 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 a. to d. 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. Goals of the Transportation Plan are to ensure that street and roads are as safe as possible and to reduce unnecessary traffic. Love to Grow On does not change the level of service along CSAH 34 (Birch Street) or CSAH 49 (Hodgson Road). These roads are Minor Arterial and Minor Expander, respectively, and have capacity to handle the traffic volumes created by the development. Local roads will not be negatively impacted. 5. The proposed development shall be served with adequate and safe water supply. Love to Grow On will be served with an adequate water supply. An 8"DIP watermain along Lakota Trail and a 12" DIP watermain located along Hodgson Road will serve and loop the development. The City's water system has capacity to accommodate the commercial development. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. Love to Grow On will be served with an adequate waste disposal system. The development is within the current Utility Staging Area 1A=2008-2015 and will be served by an 8" PVC sewer main along Lakota Trail. The sanitary sewer system has capacity to accommodate the commercial development. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, 3 property, or the general welfare because of excessive production of traffic, noise, �^ smoke, fumes, glare, or odors. Love to Grow On is an allowed use within the NB, Neighborhood Business District with an approved conditional use permit. The project will not generate excessive traffic, noise, smoke,fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit, the following specific performance standards of the NB,Neighborhood Business District Section 1007.110(8) must also be met: (a) Commercial day care facilities provided that: 1. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. The applicant shall be responsible for obtaining all required State and County licenses. 2. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of§1007.043 (17) of this Ordinance. The shared property lines to the east and south are City owned outlots containing regional stormwater ponds. Screening is not required. 3. Adequate off-street parking is provided in a location separated from any outdoor play area(s). Adequate off-street parking is provided and is separated from any outdoor play areas. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for a commercial day care facility for Love To Grow On located at Lot 1, Block 16 Millers Crossroads subject to the following conditions: 1. All comments from the City Engineer letter dated April 5, 2018 shall be addressed. 2. All comments from the Environmental Coordinator letter dated April 5, 2018 shall be addressed. 3. A Parking Deferment Agreement shall be executed and recorded against the property. 4 4. A Site Performance Improvement Agreement shall be approved by the City Council and executed. 5. The applicant shall submit an exhibit and legal description of all drainage and utility easements proposed for vacation. 6. A trail easement over the existing trails along Hodgson Road and Birch Street shall be recorded. 7. Sheet G1, Title Sheet: a. Omit the word PUD under Revision Submittal. 8. Sheet A100: Site Plan: a. The note that says 8' 2" Easem shall be revised to 9'0"Variance. b. Plan shall note 4"parking stall striping is required. 9. Sheet L.1, Preliminary Landscape Plan: a. Additional trees are required to meet canopy cover requirements. Adopted by the Council of the City of Lino Lakes this 14th day of May, 2018. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member S toe s z and upon vote being taken thereon, the following voted in favor thereof: Raffety, Stoesz, Maher, Manthey, Reinert The following voted against same: none Jeff Reinert, a o ATTEST: nne Bartell,�jityy erk s Record ID 4116456 C I TY O F 11N IL KES 2199864 . 005 CITY OF LINO LAKES CERTIFICATION RESOLUTION NO. 18-46 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. 18-46, Approving a Conditional Use Permit for Commercial Day Care Facility, passed by the City Council on May 14, 2018, 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 May 16, 2018. City 600 Town Center Parkway,Lino Lakes,MN 55014 Phone:651-982-2400•Fax:651-982-2499 CITY OF LINO LAKES RESOLUTION NO. 18-46 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR COMMERCIAL DAY CARE FACILITY (6499 LAKOTA TRAIL) WHEREAS, the City received an application for a conditional use permit for a commercial day care facility for Love to Grow On hereafter referred to as "Development"; and WHEREAS, the property is zoned NB,Neighborhood Business and allows for a commercial day care facility with a conditional use permit; and WHEREAS, the legal description of the subject property is Lot 1, Block 16, Millers Crossroads; and WHEREAS, City staff completed a review of the proposed Development based on the following plans: • March 23, 2018: Revised Plan Set,prepared by Rylaur, LLC • March 23, 2018: Revised Summary Report, prepared by Rylaur, LLC • March 22, 2018: Revised Stormwater Management Plan,prepared by Hakanson Anderson • March 16, 2018: Revised Traffic Impact Study, Traffic Impact Group, LLC; and WHEREAS, a public hearing was held before the Planning & Zoning Board on March 14, 2018 and continued to April 11, 2018, and the Board recommended approval of the conditional use permit. NOW,THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby 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. c. Utility(Sewer and Water) Plans. d. Local Water Management Plan. 1 e. Capital Improvement Plan. f. Policy Plan. g. Natural Environment Plan. Love to Grow On is consistent with the official City Comprehensive Plan. The parcel is guided commercial and a day care facility is consistent with that land use. The development is also consistent with the goals and policies of the comprehensive plan in regards to resource management, transportation, utilities, local water management plan, capital improvement plan,policy plan and natural environment plan. 2. The proposed development application is compatible with present and future land uses of the area. Love to Grow On is compatible with present and future land uses of the area. Land uses surrounding the subject site are guided for commercial development and low density and medium density residential development. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. Love to Grow On conforms to performance standards of the City Code. 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 proposed subdivision or the developer will pay to correct any structural deficiencies. 2 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 a. to d. 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. Goals of the Transportation Plan are to ensure that street and roads are as safe as possible and to reduce unnecessary traffic. Love to Grow On does not change the level of service along CSAH 34 (Birch Street) or CSAH 49 (Hodgson Road). These roads are Minor Arterial and Minor Expander, respectively, and have capacity to handle the traffic volumes created by the development. Local roads will not be negatively impacted. 5. The proposed development shall be served with adequate and safe water supply. Love to Grow On will be served with an adequate water supply. An 8"DIP watermain along Lakota Trail and a 12" DIP watermain located along Hodgson Road will serve and loop the development. The City's water system has capacity to accommodate the commercial development. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. Love to Grow On will be served with an adequate waste disposal system. The development is within the current Utility Staging Area IA=2008-2015 and will be served by an 8"PVC sewer main along Lakota Trail. The sanitary sewer system has capacity to accommodate the commercial development. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. No City funds are being expended on this project. 8. The proposed development will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, 3 i property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Love to Grow On is an allowed use within the NB, Neighborhood Business District with an approved conditional use permit. The project will not generate excessive traffic, noise, smoke,fumes, glare or odors. 9. The proposed development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are no natural, scenic or historic features on the existing site. BE IT FURTHER RESOLVED by The City Council of Lino Lakes in addition to the administrative requirements of a conditional use permit,the following specific performance standards of the NB,Neighborhood Business District Section 1007.110(8) must also be met: (a) Commercial day care facilities provided that: 1. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. The applicant shall be responsible for obtaining all required State and County licenses. 2. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of§1007.043 (17) of this Ordinance. The shared property lines to the east and south are City owned outlots containing regional stormwater ponds. Screening is not required. 3. Adequate off-street parking is provided in a location separated from any outdoor play area(s). Adequate off-street parking is provided and is separated from any outdoor play areas. BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby approves the conditional use permit for a commercial day care facility for Love To Grow On located at Lot 1, Block 16 Millers Crossroads subject to the following conditions: 1. All comments from the City Engineer letter dated April 5, 2018 shall be addressed. 2. All comments from the Environmental Coordinator letter dated April 5, 2018 shall be addressed. 3. A Parking Deferment Agreement shall be executed and recorded against the property. 4 4. A Site Performance Improvement Agreement shall be approved by the City Council and executed. 5. The applicant shall submit an exhibit and legal description of all drainage and utility easements proposed for vacation. 6. A trail easement over the existing trails along Hodgson Road and Birch Street shall be recorded. 7. Sheet G1, Title Sheet: a. Omit the word PUD under Revision Submittal. 8. Sheet Al00: Site Plan: a. The note that says 8' 2" Easem shall be revised to 9'0"Variance. b. Plan shall note 4"parking stall striping is required. 9. Sheet L.1, Preliminary Landscape Plan: a. Additional trees are required to meet canopy cover requirements. Adopted by the Council of the City of Lino Lakes this 14ffi day of May, 2018. The motion for the adoption of the foregoing resolution was introduced by Council Member Raf f erty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Raffety, Stoesz, Maher, Manthey, Reinert The following voted against same: none Jeff Reinert, a o ATTEST: e Bartell, ity erk 5 .ANOKA COUNTY 'TMINNESCTA Document No.: 2199864.005 ABSTRACT I hereby certify that the within instrument N:gas filed in this office for record on: 05/21,21018 3:08:0 PM Fees/Taxes Li the Amount of $46.00 JONELL M. SAWYER Anoka County Property Tax AdministratoriRecorder;Registrar, of Titles AMS, Deputy Record ID: 4116456