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HomeMy WebLinkAbout#6002-CUP-2010 O � CITY of ORONO �L RESOLUTION OF THE CITY COUNCIL SH04�G NO. 6 0 0 2 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE PLAN FOR PROPERTIES LOCATED AT 2525, 2535 and 2545 SHADYWOOD ROAD FILE NO. 10-3471 WHEREAS, Klingelhutz Development Co. is the owner of properties located at 2525, 2535 and 2545 Shadywood Road (hereinafter the "Property") within the City of Orono (hereinafter the "City") and legally described as follows: EXHIBIT A, ATTACHED; and WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, on May 19, 2010, Terry Schneider of Project Developers, Inc. on behalf of Klingelhutz Development Co. and Woodhill Senior Cottages of Navarre LLC. (hereinafter the "Developer") made an application requesting a conditional use permit and site plan approval for an assisted living facility on the Property; and WHEREAS, the southwesterly portion of the Property is located in the LR-1 B one family lakeshore residential zoning district and the northeasterly 250 feet of the Property is located within the B-4 office and professional zoning district; and WHEREAS, the Developer is requesting conditional use permit approval for the portion of the Property located in the B-4 district to allow an assisted living facility pursuant to Municipal Code Section 78-734(1); and WHEREAS, the proposed commercial use of the Property is consistent with the Orono 2008-2030 Comprehensive Plan; and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.3595 et. seq. and the City of Orono Zoning Codes, on July 19, 2010, the Orono Page 1 of 6 O O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �t`9kEST�I0NO. 6 0 0 2 Planning Commission held a public hearing for the application at which time all persons desiring to be heard concerning the application were given the opportunity to speak thereon; and WHEREAS, the Planning Commission on July 19, 2010 recommended on a vote of 5-0 that the Council grant approval subject to approval by the City Engineer and City Fire Marshal; and WHEREAS, the Orono City Council makes the following findings in regard to this application for a conditional use permit and site plan approval for an assisted living facility: FINDINGS 1. This application was reviewed as Zoning File #10-3471. 2. The property consists of approximately 3.67 acres total; approximately 1.43 acres is wetland resulting in a net dry-buildable area of 2.24 acres. 3. In conjunction with the CUP and site plan approval request, the Developer is platting the three tax parcels that comprise the Property into a single parcel for development purposes. 4. The Developer is requesting conditional use permit approval only for the portion of the Property located in the B-4 district to allow an assisted living facility pursuant to Municipal Code Section 78-734(1). 5. The Developer has proposed to construct a 12,300 square foot, single-story building plus a 1,141 square foot detached garage. The Property exceeds 1.99 acres therefore structural coverage limitations do not apply. The proposed square footage comprises 21% of the buildable area and 8.4% of the site overall. 6. The location of the site within the Navarre Business District makes the site suitable for development of the proposed senior assisted living housing facility. 7. The proposed senior assisted living facility is specifically a 20-unit memory care facility and would provide a housing option not readily available in Orono, advancing Orono's housing goal of providing lifecycle housing options. 8. The proposed development has incorporated a residential style building providing for a low-profile, one-story residential appearance. Page 2 of 6 ' 1 O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL H0 NO. 6 0 0 2 s 9.' The Property contains two wetlands which are both classified as "Manage 2". "Manage 2" classification wetlands require a 25-foot buffer and a 20-foot structural setback from the buffer. These wetlands and buffer areas will be protected by Conservation Easements as well as wetland preservation covenants and easements, drainage easements, etc. 10. Stormwater management will be provided by rain gardens and stormwater ponds in addition to any other methods deemed advisable by the City Engineer. In addition to the City of Orono, the Minnehaha Creek Watershed District has approval authority over the stormwater management plan. The development will be subject to the standard Storm Water& Drainage Trunk Fee. 11. Vehicular access to the property will be an access drive, entering from Shadywood Road, location subject to approval of the Hennepin County Transportation Department. 12. Visitor and employee parking for the property will be provided in a 24 stall surface parking lot. Based on calculations submitted by the Developer, the Council finds that for the proposed senior assisted living / memory care use this ratio of approximately 0.6 stalls per unit should be sufficient to serve the intended use. 13. The Property is within the MUSA. The Property will be served by City sewer and water service. 14. The Developer has coordinated with the neighbors to develop a landscape plan which addresses their concerns regarding appropriate screening. 15. The City Council finds that the proposed development of the property for assisted living use is appropriate for the property, will not have negative impacts on the surrounding properties when all conditions are met, and is in keeping with the goals, policies and philosophies of the City. 16. Pursuant to Article V, Division 3 of the City Code the City of Orono makes the following findings with regards to the conditional use permit for the assisted living facility use as described herein: a) The proposed use is consistent with the Community Management Plan; b) The proposed use is compliant with the zoning code, including any conditions imposed on specific uses as required by Article V, Division 3 of the City Code; Page 3 of 6 O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL 6 0 2 9kES>EI04 NO. 0 c) The property is able to be adequately served by police, fire, roads, and stormwater management; d) The property is provided with an adequate water supply and sewage disposal system; e) The proposed use is not expected to generate excessive demand for public services at public cost; f) The proposed use is compatible with the surrounding area as used both presently and as it is planned to be used in the future; g) The proposed use is consistent with the character of the surrounding area, unless a change of character is called for in the Community Management Plan; h) The proposed use is compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the Community Management Plan; i) The proposed use is not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; j) The proposed use is provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; k) The proposed use will not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; 1) The proposed use will not cause excessive non-residential traffic on residential streets, parking needs that cause an inconvenience to adjoining properties, traffic congestion, or unsafe access; m) The site is designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; n) All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; and o) The proposed use is not detrimental to the public health, public safety, or general welfare. CONCLUSIONS, ORDER AND CONDITIONS NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby grants conditional use permit and site plan approval for Klingelhutz Development Company and Woodhill Senior Cottages of Navarre, LLC, per the preliminary plat survey by E. G. Rud & Sons, Inc., dated 11/29/10 and attached hereto as Exhibit B; the plans by Plowe Engineering, Inc., and the floor plans and elevations by Page 4 of 6 O O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL`9kES1rI04NO. 6 0 0 2 292 Design Group, dated 6/28/10 and attached hereto as Exhibit C; and the landscape and buffer plan by Lan-De-Con dated 12/07/10 and attached hereto as Exhibit D; subject to the following conditions: 1) Approval is subject to Minnehaha Creek Watershed District (MCWD) approval and permits as required. Final plat approval shall not be granted until the Developer has provided evidence that all required MCWD permits have been obtained. 2) Approval is subject to the existing and ongoing recommendations of the City Engineer. 3) Approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 4) The conditional use permit and site plan approval shall be effective until December 13, 2011. If a complete application for a building permit has not been made by that date, the terms and conditions of this resolution shall be null and void. The City Council at its sole discretion may extend this effective period. 5) Any revisions of the building or site plans deemed by City staff as being inconsistent with the scope or intent of the approved plans shall require further review and approval of the City Council. 6) This conditional use permit approval is specifically for an assisted living facility, and future conversion to some other permitted or conditional use within the B-4 zoning district is not guaranteed based on the parking limitations and possible other factors inherent within the approved site plan. 7) ned Developer has read and reviewed this document. ;,'{Adopted by the Orono City Council on this 13th day of December, 2010. IF— f✓ f', Bh�-a� �^Jy f'l a ci "e+wity Clerk J es M. White, Mayor veloper Page 5 of 6 O CITY of ORONO ti A. RESOLUTION OF THE CITY COUNCIL ���kESII0 NO. 6 ® 02 I STATE OF MINNESOTA COUNTY OF HENNEPIN On this —I day of 1q p ri i ,-289.6; Johh kl 1 h 1 k L'�zr+ts Pe- . persona I lyl4peared before me on behalf of-Y-Unqp,_j 1.Lc1 .I�ecKt tsln rn.a - �8 BARBARA G.SILUS Nota PUbIIC NOTARY PUBLIC MINNESOTA Notary My Commission Expires Jan,31,2013 Page 6 of 6 -------- ___-__ ZONING FILE NO. EXHIBIT A RESOLUTION NO. 6 0 © 2 PARCEL 1 That part of Lots 1 and 2. Block 1, LEACH ADDITION, lying northeasterly of the Northeasterly line of Block 4, TOWNSITE OF LANGDON PARK, Hennepin County, Minnesota. Torrens Property PARCEL 2 All of Lots 1, 2 and 3, Block 1, LEACH ADDITION. except that part of Lots 1 and 2, Block 1, LEACH ADDITION lying northeasterly of the Northeasterly line of Block 4, TOWNSITF OF LANGDON PARK, Hennepin County, Minnesota. Abstract Property i i PRELIMINARY PLAT-of- WOODNILL SENIOR COTTAGES FOR: KLINGELNUTZ DEVELOPMENT 1560 Bluff Creek Chaska,MN 55318 952-233-2728 LEBAL DESCRIPTION \ BENCHMARK \ met Pdl 9I Lel.I me 3•—1•LEAO1 AOgO01l.IyNq 'Y, v \ Nm.,MY Of Nq Nd—1., of Blocs 4 M9N91[ $mlldY n+.r a n•dl of sea a o/Yrd,.clwn ,�Q, l / _ `\ OF LANFAON PARK,Xem.pY Ceun1M YinpRla e/bide A.a..e me s•ae1+g9e P� Elewlm-9]190 rd.m.wgvaly N o/Iola 1,1 aM x BYES 1.LEACN NO'11f41.—1'het 1 0l Lo1.1—Z BbcA 1•LEA. 1 y el Ha Ndum.I.ny Inn.m�4 IDNa19R� ` '', ``~,,• �NLY)ON PARK anepa Caunhl Y n la - ` a•a Panay Cj ` Oy' � � `� ` NOTES: TO BE VACATED _B;" by G14�' „epldn. 12-13— EASEMENTS r41 y C.DO N fwd by E.G Rue R Sm.m N 6DYo9e ene ulYly mean 1 m eekalee m Loa 1.]. -Ilse.urwy m.Prepde me x BYai I.lEAtll AO TtM.aXmma Ceunlx Yinmla Cenrriilmml IlunJr TLIIBt]B //J -Proprly aeerwa' 9535 Sb.'—Recd J -wa9oa°d mw:pada me am a Gnga„pa.R.vIm dspde00Y Pb+s pedd9F -iottl pdctl dm+ 59.698.0.tt(187 -;t- �;' 0. 4.. �.. DEVELOPMENT STANDARDS: k% ?` PPOPOYD ANO E.—ZONNO-R-4(OFFICE AND PROFESSIONAL 015DXCT) // LOT 1` 5��'*\ I j �,((--,�VA BIr4DI1f sE1BACx5: \' •FROII7 SE76ACN a x5 FEET , REppEy // • N sET— -]S FEET '� Y pLWItt 1 =/� •WE SETBAM+15 FEET /�//��yy \ _ __;•draw ` _' /\ �`:/ \_\�_=1 eETLA .D I kP LEGEND \Y'\ ` i 1.✓ \ I I xV•r>—=— • DENOTES I Y WWAIi FOYNO AS LABELED w .I \ ';. ,`,• /, \ • OENOIEs PROe05E0 NYm-- -10­ ---c0DENORS PRO^09ED sTORL,s KR AM—WEE —.--6 OEXOTEs PROPOSED sAWTNY SERER AND YAMKKE DENOlEs PROe05ED O91ICI m WE—,, (De XS EEDDA 0+e/a18 AA�TEO KRAND j�, \ ���\ ., ACJ••,7�,. I hdeby edtiy Ihet th.Gurney,plan \ AC•i>>� report Nos pr'Oreo by me d antler VONRYMAP my eirect sopa One 1-1 em \ s.ee.neao.1w la. a• a e Ealy Re9isteree Lane Surveyor antler the 1—of the Stele of Minnesota. O SONS. INC. JA� e°wAw GRAPHIC SCALE As NO`S n ° d �'Professional Land Surveyors °°t°° IT/a9/lD LcenG.NO 41578179an. � w .mnq dmn 1d.art nAN w 6776 Lake Drive NE Suite 110 wrt gE�PmX IN „s'b'n NORTH W MeeOT Lino Lakes,MN 55614 Tet(651)361.820D Fax(651)361-8701 cr m c=1 x � s ` ALIYO°nWlPWe Wd Aiinun dnaj6 u6isep all N iy 718718 °"�"•"®°�'�'a° V1083NM OMONO t 1gt '1 i}],Iz 'MMJ 1w�,n.aereNe o,°r,° OVOtl 000M10tlHS 8 HE f'f ei, i y 3moeY o.wvu,MW°i�nwn uwNp SgDVJIO9 HOlN3S 111H000M ?:6Z Exhibit C , I t ; \ ( ,m I a ii III I R� � I III --J .. •i III 111' I' V s I I\ 3 I I I 1 RLQ III vy Lj 8 III I I �'.. 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V-o:✓' aawny Poawao�+99a '�j 'M�� ''�l� :mitis?' ,.:•�`+?'^ ..'+'t:.....?"rt', i Exhibit D k 6 00 ..--.�•"e a ,� -.,r' ' tit ` K .,y♦ �, .,"4.,,�y-�ati �fi- +T f a. -. `-b S l' C uY. '•YV LAW h .: ��,..y,2,• t,^.:..r,r.�W�,�i ia..x'r4""^-1M�^.t ry 1 i fl.Y�al�� ;.,r8 ts V 3�i� � �Y• �,�µ y 191. lot AN ill; jig" I _ tit,V VA go y !. kj. , � �i .I I F ,I,t titi a. STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on December 13, 2010, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the A1tr�tl � r,21sc day of December , 2010. * y r r M City Clerk � Y dal >r rr r x�` UJO O Gt )�OetrLG( 1 Doc No T4852133 A Certified, filed and/or recorded orr 4/26/11 12:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer if :Deputy 45 Pkg ID 707038 Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1331296 This cover sheet is now a permanent part of the recorded document. Doc No A9644899 Certified filed and/or recorded on 4/14/11 12:00 PM Office of the County Recorder. Hennepin County, Minnesota Michael H. Cunniff, County°Recorder Jill L. Alverson, County Auditor and Treasurer Deputy 3 Pkg ID 704752 Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.