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HomeMy WebLinkAbout2022-098 Council Resolution CITY OF LINO LAKES RESOLUTION NO. 22-98 APPROVING NEW HORIZON ACADEMY CONDITIONAL USE PERMIT FOR COMMERCIAL DAY CARE FACILITY WHEREAS, the City received a land use application for a conditional use permit for New Horizon Academy commercial day care facility and hereafter referred to as "Development"; and WHEREAS, the property is zoned GB, General Business and allows for a commercial day care facility with a conditional use permit; and WHEREAS,the legal description of the property will be Lot 1, Block 1, Belland Farms Second Addition after recording of the final plat; and WHEREAS, City staff has completed a review of the land use application based on the following plans: • Summary Report prepared by Rylaur dated July 11, 2022 • Belland Farms Second Addition Preliminary Plat Plan Set prepared by EG Rud& Sons, Inc. dated July 8, 2022 • Site Construction Plans for New Horizons Academy prepared by Contour Civil Design dated July 11, 2022 • New Horizon Academy Architectural Plans prepared by Rylaur dated July 11, 2022 • Landscape Plan prepared by Carmen Simonet Design, LLC dated July 11, 2022 • Stormwater Management Report prepared by Contour Civil Design dated July 11, 2022 • Traffic Analysis Memorandum prepared by SSTS Traffic Solutions dated June 28, 2022; and WHEREAS, a public hearing was held before the Planning & Zoning Board on August 10, 2022 and the Board recommended approval of the conditional use permit with a 5-0 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. 1 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. New Horizon Academy 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 and local water management plan. 2. The proposed development application is compatible with present and future land uses of the area. New Horizon Academy is compatible with present and future land uses of the area. Land uses surrounding the subject site are guided for commercial and residential development. 3. The proposed development application conforms to performance standards herein and �.. other applicable City Codes. New Horizon Academy conforms to performance standards with only minor revisions required as detailed in the September 12, 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. 2 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. Traffic generated by the New Horizon Academy is within the capabilities of the City. The development does not change the level of service of the surrounding intersections. The road system has capacity to handle the traffic volumes created by the development and local roads will not be negatively impacted. 5. The proposed development shall be served with adequate and safe water supply. New Horizon Academy will have an adequate water supply. The commercial day care facility will be municipally served by a 12" watermain located along Rosemary Way. The water supply system has capacity for the proposed development. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. New Horizon Academy will be served with an adequate waste disposal system. The development will be municipally served by a 2 7" sanitary sewer main along Rosemary Way. The development is located in Utility Staging Area IA (2018-2025) and Sanitary District 5 (Sub-District 5A). Sanitary flows from this district are conveyed to the southeast, discharging into the MCES Lino Lakes Relief Interceptor located at the intersection of CSAH 14 and 24`h Avenue. The sanitary sewer system has capacity to accommodate the commercial day care facility. 7. The proposed development shall not result in the premature expenditures of City funds on capital improvements necessary to accommodate the proposed development. 3 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. New Horizon Academy is an allowed use in the GB, General 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 City Code Section 1007.112 (8) are also met: (d) 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. New Horizon Academy 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. Landscaping and screening is provided along all shared property lines as well as the east lot line across from residential uses. 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 daycare facility for New Horizon Academy subject to the following conditions: 1. Separate sign permit applications are required for all permanent monument/pylon and wall signage. 4 2. Separate sign permit applications are required for all temporary signage. 3. A shared driveway agreement and exhibit is required detailing private maintenance responsibilities of the driveway, landscaped parking lot median, island landscaping, lighting, and other related appurtenances. 4. A Site Improvement Performance Agreement related to the New Horizon Academy facility shall be executed. 5. A Declaration for Maintenance of Stormwater Facilities related to private storm sewer shall be recorded. 6. A Parking Deferment Agreement shall be recorded. BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit subject to the following requirements being addressed prior to issuance of a building permit: 1. All comments from the City Engineer memos for Belland Farms Second Addition and New Horizon Academy dated August 3, 2022 shall be addressed. 2. All comments from the Environmental Coordinator memo dated August 1, 2022 shall be addressed. 3. A separate plan set shall be submitted for the private site improvements related to New Horizon Academy. 4. The property lines on all plan sheets shall be shown as a solid line. 5. A draft shared driveway agreement and exhibit shall be submitted for City review and comment prior to recording. 6. Sheet SL2.0, Photometric Plan: a. Foot candles shall not exceed 0.4 onto adjacent property north of the shared driveway. Adopted by the Council of the City of Lino Lakes this 121h day of September, 2022. The motion for the adoption of the foregoing resolution was introduced by Councilmember Lyden and was duly seconded by Councilmember Cavegn and upon vote being taken thereon, the following voted in favor thereof: Lyden, Cavegn, Stoesz, Rafferty The following voted against same: None (Absent- Ruhland) Ro Rafferty, Mayor ATTEST: QJRiae Bartell, City Jerk 5