Loading...
HomeMy WebLinkAbout2014-133 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-133 RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR AN ASSISTED -LIVING FACILITY (WHITE PINE SENIOR LIVING) AT THE SOUTHEAST CORNER OF LAKE DRIVE AND 77TH STREET WHEREAS, the applicant has submitted a land use application to the City for a conditional use permit to allow for an assisted -living facility on the property located on the southeast corner of Lake Drive and 77th Street; and WHEREAS, the R-4, High Density Residential District allows for clinics, hospitals and nursing homes with an approved conditional use permit; and WHEREAS, assisted -living facilities are comparable to a nursing homes from a land use and zoning perspective; and WHEREAS, the legal description of the subject property is: Lot 1, Block 1, Lino Lakes Development; and WHEREAS, staff has reviewed and approved a Site & Building Plan Review based on the revised plan set dated October 14, 2014; and WHEREAS, the Planning and Zoning Board held a public hearing on October 8. 2014 and recommended approval with conditions; and WHEREAS, the City Council of the City of Lino Lakes makes the following findings: 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 assisted -living facility has been reviewed for compliance with the comprehensive plan and it is consistent for mixed use residential development as noted in the Planning & Zoning Staff Report dated October 8, 2014. 1 2. The proposed development application is compatible with present and future land uses of the area. The proposed assisted -living facility is compatible with present and future land uses. The property to the north across 77'h Street is zoned rural and is guided for commercial use. Currently, a residential home with an auto -repair business is operated on the site. The property to the east is zoned general business and guided for mixed use. Currently, a residential duplex exists on the parcel. The property to the south is zoned and guided for commercial development. Several large retail commercial buildings exist to the south. The property to the west across CSAH 23 is zoned NB, Neighborhood Business and guided for commercial use. Currently, single family homes exist west of the highway. 3. The proposed development application conforms to performance standards herein and other applicable City Codes. A Site Plan Review has been completed and the proposed facility meets zoning performance standards in regards to lot size, width and length as well as landscaping and parking with the approved conditional use permit. 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. 2 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. CSAH 23 is an "A" minor arterial reliever road. 77`h Street and Market Place Drive are local roads. The main entrance to the site is at CSAH 23 and Market Place Drive which is a signalized intersection capable of handling traffic. A secondary driveway access is provided off of 77`h Street; however, the right in -right only onto 77`h Street from CSAH 23 will limit traffic use on 77`h Street. Minimal traffic will be generated from the 4-8 staff persons, visitors and one time per week deliveries. 5. The proposed development shall be served with adequate and safe water supply. The site is served by a 12 " ductile iron watermain located along CSAH 23 which can accommodate the demands of the facility. 6. The proposed development shall be served with an adequate and safe sanitary sewer system. The site is served by a 10" sanitary sewer line located along 77`h Street which can accommodate the demands of the facility. 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 assisted -living facility is comparable to a nursing home from a land use and zoning perspective. Nursing homes are an allowed use with the R-4 High Density Residential District with an approved conditional use permit. The facility will not generate excessive trajc, 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. 3 There are no natural, scenic or historic features on the existing site; and WHEREAS, in addition to the administrative requirements of a conditional use permit, the following specific performance standards must also be met for clinics, hospitals and nursing homes: 1. Side yards are double the minimum requirements established for this district and are screened in compliance with Section 3, Subd. 4.Q of this Ordinance. Side yards have been doubled 2. Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and controlled and screened in compliance with Section 3, Subd. 4.Q of this Ordinance. An outdoor patio area along 77th Street will be fenced and screened. 3. The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. CSAH 23 is an "A" minor arterial reliever road and is capable of handling traffic to and from the development. 4. All signing and informational or visual communication devices shall be in compliance with Appendix C of the City Code. The City is currently amending its sign ordinance. The proposed signage shall be evaluated when the new ordinance is adopted. Revisions to the proposed signage may be required. 5. All State Statutes and regulations governing such use are strictly adhered to and all required operating permits are secured. The applicant shall obtain all necessary State permits and licenses to operate an assisted -living facility. 6. Adequate off-street parking is provided in compliance with Section 3, Subd. 5. of this Ordinance. Fifteen off-street parking stalls are required and 21 parking stalls are provided. 7. Adequate off-street loading space is provided in compliance with Section 3, Subd. 6. of this Ordinance. There are no loading berths or docks proposed on site. Weekly deliveries will be minimal and can be accommodated through the front main entrance of the facility; and 4 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes hereby approves the conditional use permit for an assisted -living facility (White Pine Senior Living), subject to the following conditions: 1. All comments from the City Engineer letter dated October 1, 2014 shall be addressed. 2. All comments from the Environmental Coordinator dated September 29, 2014 shall be addressed. 3. All comments highlight "red" on the Site Plan Worksheet shall be addressed. 4. A separate Sign Permit shall be submitted to the City for review and approval. 5. This resolution shall be recorded with Anoka County after the approval and recording of the final plat, Lino Lakes Development. 6. Sheet A2.2: a. Percentage of exterior material per elevation shall be included on the plan sheet. 7. Sheet C2 -Site Plan a. North driveway access onto 77th Avenue shall be signed "Exit Only" and "Do Not Enter". b. Driveway curb cut shall be reduced in width. 8. Sheet C3 -Grading Plan: a. The impervious/pervious data under Stormwater Summary does not match the data noted in the Drainage Report. Please revise. 9. Sheet C6 -Landscape Plan: a. Revisions as noted in the Site Plan Worksheet shall be made. b. Details of air conditioning units (height, width, depth) shall be provided. c. Verify if other mechanical equipment (ground or roof mounted) will be located on site. d. Add tables as provided on Site Plan Review Worksheet to plan sheet. e. Key letters (AS, HE etc.) as provided on the Tree List shall also be shown on the plan sheet identifying each plant. f. Key for Freeman Maple and Norway Spruce are the same (FM). g. Canopy Cover i. There is no credit for the 4,275 s.f. as noted on the plan sheet. ii. The plan does not meet canopy cover requirements. h. Foundation Landscape i. Use Site Plan Review Worksheet calculations. ii. The plan is short trees along side yard and Marketplace Drive. i. Open Areas Landscape Standards i. Provide calculations for determining 40,351 s.f. of open area. ii. Open area does not include storm pond area below NWL, parking lot & drive aisles and any area within 30 feet of the building. iii. Existing trees are only those 14 trees being saved, not new plantings. 10. Sheet E1.1 -Site Lighting Plan a. Light fixture details shall be submitted. b. Light pole details (height, materials, etc.) shall be submitted. 5 BE IT FURTHER RESOLVED that approval of the conditional use permit is contingent upon the following: 1. The north driveway access shall be an egress only onto 77th Avenue and signed accordingly. 2. The final plat for Lino Lakes Development shall be approved by the City Council and recorded by the Developer. Adopted by the Council of the City of Lino Lakes this 10th day of November, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council Member Kusterman and upon vote being taken thereon, the following voted in favor thereof: Roeser, Kusterman, Rafferty, Stoesz, Reinert The following voted against same: None ATTEST: e Bartell, Ci t Cler 6