HomeMy WebLinkAboutResolution 23-054 CITY OF LINO LAKES
RESOLUTION NO. 23-54
APPROVING LIL' EXPLORERS CHILDCARE CENTER
CONDITIONAL USE PERMIT FOR COMMERCIAL DAY CARE FACILITY
WHEREAS, the City received a land use application for Lil' Explorers Childcare Center
commercial day care facility conditional use permit 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, Milestones Addition
after recording of the final plat; and
WHEREAS, City staff completed review of the Development based on the following submittals:
• Project Narrative prepared by the Applicant received April 10, 2023
• Lil' Explorers Childcare Center Architectural Plans prepared by Michael J Thomas
Architect dated April 10, 2023
• Milestones Addition Preliminary Plat& Civil Plan Set prepared by SISU Land
Surveying & Engineering dated May 18, 2023
• Landscape Plan prepared by Midwest Landscapes dated May 22, 2023
• Stormwater Management Plan and Calculations prepared by SISU Land Surveying &
Engineering dated May 18, 2023
• Drainage Maps prepared by SISU Land Surveying & Engineering dated May 18, 2023;
and
WHEREAS, a public hearing was held before the Planning & Zoning Board on May 10, 2023
and the Board recommended approval of the conditional use permit with a 7-0 vote.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes:
FINDINGS OF FACT
Per City Code Section 1007.016(3):
(e) The Planning and Zoning Board shall hold the public hearing and consider possible
adverse effects of the proposed conditional use. Its judgement shall be based upon,but not limited
to, the following factors:
1. The proposed development application has been found to be consistent with the
design standards listed in City Code Section 1007.020(4).
See below.
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2. 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 commercial day care facility will not involve activities detrimental to any person,
property, or the general welfare.
3. Will not result in the destruction, loss, or damage of a natural, scenic or historic
feature of major importance.
The proposed commercial day care facility will not result in the destruction of a natural, scenic,
or historic feature of major importance.
Per City Code Section 1007.020:
(4) Performance Standards. Plans which fail to meet the following criteria shall not be
approved.
(a) The proposed development application must be consistent with the policies and
recommendations of the Lino Lakes Comprehensive Plan.
The proposed commercial day care facility is consistent with commercial land use.
(b) The proposed development application is compatible with present and future land
uses of the area.
The proposed commercial day care facility is compatible with present and future land uses of the
area.
(c) The proposed development application conforms to performance standards herein
and other applicable City Codes.
The proposed commercial day care facility conforms to City Code performance standards with
minor revisions as noted in this staff report.
(d) Traffic generated by a proposed development application is within the capabilities
of the City when:
1. If the existing level of service (LOS) outside of the proposed development is A or
B, traffic generated by a proposed development will not degrade the level of service more than
one grade.
2. If the existing LOS outside of the proposed development is C, traffic generated by
a proposed development will not degrade the level of service below C.
3. If the existing LOS outside of the proposed development is D, traffic generated by
a proposed development will not degrade the level of service below D.
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4. The existing LOS must be D or better for all streets and intersections providing
access to the proposed development. If the existing level of service is E or F, the developer must
provide, as part of the proposed project, improvements needed to ensure a level of service D or
better.
5. Existing roads and intersections providing access to the proposed development
must have the structural capacity to accommodate projected traffic from the proposed
development or the developer will pay to correct any structural deficiencies.
6. The traffic generated from a proposed development 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.
7. 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 proposed development 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.
The applicant shall provide a Level of Service analysis of the Apollo Drive (CSAH 12) and Lilac
Street intersection. The proposed Level of Service is not anticipated to degrade the existing Level
of Service. Existing roads and intersections providing access to the development shall have the
structural capacity to accommodate projected traffic from the proposed subdivision or the
applicant/developer shall pay to correct any structural deficiencies. No street improvements are
proposed that are inconsistent with the City's capital improvement plan. The city does not
relinquish any rights of local determination.
(e) The proposed development shall be served with adequate and safe water supply.
The proposed commercial day care facility will have an adequate water supply. The facility will
be municipally served by a 12" watermain located along Apollo Drive. The water supply system
has capacity for the proposed development.
(f) The proposed development shall be served with an adequate or safe sanitary
sewer system.
The proposed commercial day care facility will be served with an adequate waste disposal
system. The facility will be municipally served by a 21"sanitary sewer main along Apollo Drive.
(g) The proposed development shall not result in the premature expenditures of City
funds on capital improvements necessary to accommodate the proposed development.
The proposed commercial day care facility does not require City funds.
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(h) Fire prevention and fighting equipment acceptable to the Board of Fire
Underwriters and City Council shall be readily available when any activity involving the
handling or storage of flammable or explosive materials is carried on.
The proposed commercial day care facility does not involve any activity involving the handling
or storage of flammable or explosive materials.
BE IT FURTHER RESOLVED in addition to the above administrative requirements of a
conditional use permit, the following specific performance standards of City Code Section
1007.112(8) must also be met:
(c) 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 are licensed accordingly.
The commercial day care facility shall be responsible for obtaining all required State and
County licenses.
2. Screening is provided in compliance with City Code Section 1007.043(17).
Screening requirements have been met with minor revisions required.
3. Adequate off-street parking is provided in a location separated from any outdoor
play area(s).
Adequate off-street parking is separated from any outdoor play areas.
4. Adequate off-street loading spaces in compliance with City Code Section
1007.045.
The commercial day care facility does not propose any off-street loading spaces.
BE IT FURTHER RESOLVED the Lil' Explorers Childcare Center conditional use permit for
a commercial daycare facility is approved subject to the following conditions:
1. Separate sign permit applications are required for all permanent and temporary signage.
2. A Shared Driveway and Parking Access Agreement and exhibit shall be recorded after
Milestones Addition final plat approval detailing private maintenance responsibilities
include the driveways, landscaped parking lot medians, island landscaping, lighting, and
other related appurtenances.
3. The conditional use permit resolution shall be recorded after approval of the Milestones
Addition final plat.
4. A Site Improvement Performance Agreement or Development Agreement related to the
Lil' Explorers Childcare Center shall be executed.
5. A Declaration for Maintenance of Stormwater Facilities related to private storm sewer
shall be recorded.
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6. The applicant shall provide a Level of Service analysis of the Apollo Drive (CSAH 12)
and Lilac Street intersection. Existing roads and intersections providing access to the
development shall have the structural capacity to accommodate projected traffic from the
proposed development or the applicant/developer shall pay to correct any structural
deficiencies.
BE IT FURTHER RESOLVED the following requirements shall be addressed prior to issuance
of a building permit:
1. All comments from the City Engineer memo dated June 1, 2023 shall be addressed.
2. All comments from the Environmental Coordinator memo dated June 1, 2023 shall be
addressed.
3. Shared Driveway and Parking Access Agreement:
a. The Agreement shall reference the Grantor and undersigned consistent with title
commitment.
4. Sheet A0.0, Title Page:
a. The Sheet Index and thumbnail labels for each sheet shall be included.
5. Recorded copies of the following documents shall be submitted to the City:
a. Shared Driveway and Parking Access Agreement and Exhibit
b. Conditional Use Permit Resolution
c. Development Agreement or Site Improvement Performance Agreement
d. Declaration for Maintenance of Stormwater Facilities
Adopted by the City Council of the City of Lino Lakes this 12th day of June 2023.
16,E e r �-
ob afferty, Mayor
ATTEST:
Jolleen Chaika, City Clerk
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