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.
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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.
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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.
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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.
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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
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