HomeMy WebLinkAbout2022-058 Council Resolution CITY OF LINO LAKES
RESOLUTION NO. 22-58
APPROVING CONDITIONAL USE PERMIT AMENDMENT FOR OTTER
LAKE ANIMAL CARE CENTER(6848 OTTER LAKE ROAD)
WHEREAS, on September 9, 2019 the City Council passed Resolution No. 19-110
approving a conditional use permit amendment for Otter Lake Animal Care Center
located at 6848 Otter Lake Road; and
WHEREAS,per City Code Section 1007.016(2)(k), if construction has not begun within
one (1) year after the date of the conditional use permit, the permit is void; and
WHEREAS, construction did not begin within one (1) year; therefore, the conditional
use permit and Resolution No. 19-110 are void; and
WHEREAS, on April 13, 2022 the City received a complete land use application for a
conditional use permit amendment for Otter Lake Animal Care Center located at 6848
Otter Lake Road and hereafter referred to as "Development"; and
WHEREAS, the property is zoned LI, Light Industrial and allows for veterinary
hospitals with a conditional use permit; and
WHEREAS, any change involving a structural enlargement of the facility requires an
amendment to the conditional use permit; and
WHEREAS, the legal description of the subject property is as follows:
That part of the South Half of the Northwest Quarter of the Southwest Quarter of the
Southeast Quarter of Section 24, Township 31, Range 22 and the North 65 feet of the
Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 24,
Township 31, Range 22, Anoka County, Minnesota, described as follows:
Beginning at a point 33 feet east and 800.77 feet north of the South Quarter
corner, Section 24, Township 31, Range 22; thence east a distance of 325 feet;
thence south a distance of 203 feet; thence west a distance of 325 feet; thence
north a distance of 203 feet, more or less, to the point of beginning, except road,
subject to easements of record; and
WHEREAS, City staff has completed a review of the land use application based on the
following plans:
• Plan Set prepared by Planforce dated April 11, 2022
• Certificate of Survey and Easement Sketch & Description prepared by EG Rud &
Sons, Inc. revised April 8, 2022
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• Wetland Delineation Report prepared by Jacobson Environmental, PLLC dated
November 12, 2018
• Hydrology Report prepared by Loucks revised February 21, 2022
• Operations & Maintenance Plan prepared by Loucks dated April 11, 2022
• Geotechnical Evaluation Report prepared by Braun Intertec Corporation dated
January 11, 2019; and
WHEREAS, a public hearing was held before the Planning & Zoning Board on May 11,
2022, and the Board recommended approval of the conditional use permit amendment
with a 6-0 vote.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following findings:
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.
e. Capital Improvement Plan.
f. Policy Plan.
g. Natural Environment Plan.
The proposed veterinary hospital addition and parking lot expansion are consistent with
the Land Use, Utility, Local Water Management, Capital Improvement, Policy and
Natural Environmental Plans and recommendations of the comprehensive plan as
detailed in the June 13, 2022 Council staff report.
2. The proposed development application is compatible with present and future land
uses of the area.
The proposed veterinary hospital addition and parking lot expansion are compatible with
present and future land uses. The subject site and adjacent parcels are guided and zoned
for industrial use. A veterinary hospital is consistent the industrial land uses.
3. The proposed development application conforms to performance standards herein and
other applicable City Codes.
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A Site and Building Plan Review has been completed and the proposed veterinary
hospital addition and parking lot expansion meet zoning performance standards with
conditions listed in the June 13, 2022 Council staff report.
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.
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.
The proposed veterinary hospital addition and parking lot expansion do not change the
level of service along CR 84 (Otter Lake Road). The road is a Major Collector Road and
is capable of handling the additional traffic volume proposed by the building addition.
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5. The proposed development shall be served with adequate and safe water supply.
The proposed veterinary hospital addition will connect to an adequate and safe
municipal water supply via a 16" watermain located along Otter Lake Road.
6. The proposed development shall be served with an adequate and safe sanitary sewer
system.
The proposed veterinary hospital addition will be served by an adequate and safe
municipal sanitary sewer system via a 21" sanitary sewer main located along Otter Lake
Road.
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,
property, or the general welfare because of excessive production of traffic, noise,
smoke, fumes, glare, or odors.
The proposed veterinary hospital addition and parking lot expansion are allowed uses
within the LI, Light Industrial Districts 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 Section 1007.120(9)(f) are also being met:
(f) Veterinary Hospitals provided that:
1. All areas in which animals are confined are located indoors and are
properly soundproofed from adjacent properties.
Per the 1996 CUP Amendment approved on December 16, 1996, the boarding for up to
100 animals is allowed on the site. The 1996 CUP also allows for outdoor kennels.
The existing outdoor kennels are located in the rear yard but they are rarely used. The
area is screened by an 8 foot wood privacy fence. There are no changes proposed to the
indoor or outdoor kennel area or privacy fence. The 1996 CUP is still valid and the
outdoor kennel/boarding area may continue to operate but not expand.
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Currently, animals are boarded in the inside kennel. All walls are insulated for sound.
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.
Animal carcasses are frozen until picked up by a cremation service.
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 forty (40).
The average number of boarded animals is 20 and does not exceed 40. The 1996 CUP
Amendment allows for up to 100 animals to be boarded on site.
b. An enclosed indoor or exterior exercise area shall be provided to
accommodate the periodic exercising of animals boarded at the kennel.
Exterior exercise areas shall be limited to a maximum of twenty-five
(25)percent of the gross floor area of the principal use.
The existing outdoor run area 2,750 sf(70% of gross floor area) and will not be changed.
The outdoor run area after the building addition will remain 2,750 sf. (41% of gross floor
area). The outside run area is surrounded by privacy wood fencing. The chain-link
fenced area is rarely used for larger animals and training.
The existing outdoor exercise area was approved as part of the original and amended
conditional use permit and does not require modifications.
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.
Indoor areas have controlled and maintained air quality and temperature controls.
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.
Isolation areas are provided for sick or infectious animals.
e. Indoor animal kennel floors and walls shall be made of non-porous
materials or sealed concrete to make it non-porous.
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Floors have a non porous epoxy coating. Wall finish is epoxy paint.
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.
Animal waste is currently flushed down the City sewer.
4. The appropriate license is obtained from the City and the conditions of
Chapter 503 relating to the keeping of animals are satisfactorily met.
Existing conditional use permits are on file with the City. Conditions of Chapter 503 have
been met.
5. All State Health Department and Minnesota Pollution Control Agency
requirements for such facilities are met.
Permits/licenses are on record with the State. The applicant shall obtain any necessary
permits from other agencies as required.
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves the conditional use permit amendment for veterinary hospitals for Otter Lake
Animal Care Center located at 6848 Otter Lake Road subject to the following conditions:
l. The conditions of the original 1986 Conditional Use Permit and amended 1996
Conditional Use Permit are still in effect.
2. Resolution No. 19-110 and Resolution No. 19-111 are void.
3. A Site Improvement Performance Agreement shall be approved by City Council
and executed.
4. A Permanent Drainage, Utility and Roadway Easement along CR 84 (Otter Lake
Road) shall be recorded.
5. A separate drainage and utility easement extending ten(10) feet from the HWL of
the north stormwater pond shall be recorded.
6. A separate drainage and utility easement extending ten (10) feet from the
delineated south wetland boundary shall be drafted and be recorded over the
portion of the wetland that is located on the subject site.
7. The private well shall be properly removed and capped.
8. A RCWD permit is required.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves the conditional use permit amendment subject to the following requirements
being addressed prior to issuance of a building permit:
1. All comments from the City Engineer letter dated May 4, 2022 shall be addressed.
2. All comments from the Environmental Coordinator letter dated May 4, 2022 shall
be addressed.
3. A Permanent Drainage, Utility and Roadway Easement along CR 84 (Otter Lake
Road) shall be drafted by the applicant for City review and recorded.
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4. A separate drainage and utility easement extending ten (10) feet from the HWL of
the north stormwater pond shall be drafted by the applicant for City review and
recorded.
5. A separate drainage and utility easement extending ten(10) feet from the
delineated wetland boundary shall be drafted by the applicant for City review and
recorded over the portion of the wetland that is located on the subject site.
6. All plan sheets shall reference Lino Lakes, MN 55038, not Hugo, MN 55038.
7. Sheet C2.1, Site Plan and Sheet Al.11, Construction Plan:
a. The location of mechanical equipment pads shall be consistent. Please
revise plans accordingly.
8. Sheet A8.01, Details:
a. The fence and gate color and material details shall be provided.
9. Sheet E6.1, Photometric Plan:
a. The property line along CR 84 (Otter Lake Road) shall be properly
identified.
b. Foot candles shall not exceed 1.0 as measured along the street property
line.
10. Sheet E6.2, Site Lighting Details:
a. All light source luminaires shall contain a cut-off which cuts off the light
at an angle of 90 degrees or less.
i. Fixture WI shall be revised.
Adopted by the Council of the City of Lino Lakes this 13th day of June, 2022.
The motion for the adoption of the foregoing resolution was introduced by
Councilmember Cavegn and was duly seconded by Councilmember Ruhland, and
upon vote being taken thereon,the following voted in favor thereof: Ruhland,
Cavegn, Stoesz, Rafferty
The following voted against same: None (Absent-Lyden)
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Rob Rafferty, Mayor
ATTEST:
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ae rtell, Ci y Cler
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