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HomeMy WebLinkAbout15-04-22 RESOLUTION NO. 15-0 4-2 2 CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITE' COUNCIL THAT THE REQUEST BY MICHAEL HOEFLER, REPRESENTING TIC PROPERTIES I, LLC FOR A CONDITIONAL USE PERMIT FOR A MEMORY CARE AND ASSISTED LIVING BUILDING EXPANSION AND VARIANCES FOR SETBACKS AND BUILDING HEIGHT AT 6060 OXBORO AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Michael Hoefler for a Conditional Use Permit to allow for a memory care and assisted living building expansion, and Variances for setbacks and building height at Oak Ridge Memory Care and Assisted Living, 6060 Oxboro Avenue North, and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application with conditions. The City Council of the City of Oak Park Heights makes the following findings of facts and resolution: 1. The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 3. The property is zoned R-B Residential/Business Transitional District in which nursing homes and similar group housing, to include memory care and assisted living, is a conditional use; and 4. TIC Properties I, LLC has requested a Conditional Use Permit to allow the addition of memory care and additional assisted living units to this location; and S. TIC Properties has requested a Variance to allow a five foot setback for a driveway turnaround where a ten foot setback is required; and 6. The applicant has requested a Variance for a building height of 42 feet where a 35 foot maximum building height is allowed; and 7. City staff prepared a planning report dated November 7, 2014 reviewing the request; and 8. Said report recommended approval of the Conditional Use Permit and Variances subject to the fulfillment of conditions; and 9. The Planning Commission held a public hearing at their November 13, 2014 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by from Michael Hoefler for a Conditional Use Permit to allow for a memory care and assisted living building expansion and Variances for setbacks and building, height at Oak Ridge Memory Care and Assisted Living, 6060 Oxboro Avenue North, and affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approval of the Variances for the driveway turnaround setback and building height subject to the following findings of fact: Driveway Turnaround Setback: 1. The applicants have proposed a five foot setback for a driveway turnaround where a ten foot setback is required. 2. There is no adverse impact to adjacent property in that it is roadway right of way. 3. There is no impact to the service capacity resulting from this request. 4. The radius of the driveway turnaround is required by the Bayport Fire Department for access of emergency equipment. The practical difficulty results from what is required by the Fire Department and not by the applicant. 2 Building Height: 1. The applicants have proposed a building height of 42 feet where a 35 foot maximum building height is allowed. 2. The structure is not visible to low density properties and exists in an area that has primarily commercial, high density residential or government uses. 3. There is no impact to the service capacity resulting from this request. 4. A building height of over 35 feet for a three story elderly care residential facility is not an unusual request. The City has approved building height variances for other elderly care residential buildings. Be and the same as hereby approved by the City Council of the City of Oak Park Heights for approval with the following conditions: 1. The Oak Ridge Memory and Assisted Living shall remain as senior rental and shall not be converted to non-restricted rental housing. 2. The Applicant shall obtain and access permit from Washington County for the new driveway. 3, All tree removal and landscape plans shall be subject to review and approval of the City Arborist. 4. The grading and drainage plans shall be subject to City Engineer and the Middle St. Croix Watershed Management Organization for review and approval. 5. All utility plans shall be subject to review and approval of the City Engineer. 6. All lighting shall be full cut off and be compliant with the lighting standards of the Zoning Ordinance. 7. The signage shall be compliant with the Zoning Ordinance and shall be set back at least five feet from the property line. 8. The Fire Marshal and Police Chief should review the plans and determine the accessibility of emergency vehicles throughout the development. 9. A snow storage plan shall be provided and shall be subject to review and approval of the City Engineer. 10. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 11. The City Council was favorable to the final building appearance, colors and materials. 12. To the extent that Developer's project contains tax exempt facilities, lands or buildings. Developer will execute an agreement with the City to make a payment in lieu of taxes to the City for the life of the project. A payment in lieu of taxes agreement shall be in a form prepared and approved by the City Attorney. 13. The Applicant knowingly is installing its infrastructure upon lands that are encumbered by a City drainage easement, located at the southeast corner of the property. At this time the City and Applicant concur that the modifications as proposed will not materially disrupt the City ability to use such easement and water that drains and will continue to drain to such easement area from areas not under the control of the Applicant. Should the Applicants activities or actions materially impair the City's ability to utilize its drainage easement, the Applicant shall make any corrections as directed by the City at its sole expense. 14. The City reserves the right to require the Applicant, at their expense, to remove any and all of the improvements located within the existing drainage easement if ordered by the City Council. Should the Applicant fail to make such changes as directed by the City, the City may make all necessary changes as required and assess all such costs back to the applicant. The City shall not be responsible for any costs related to the Applicant's improvements in the City's drainage area. 15. The Applicant shall provide a revised description for the drainage easement at the southeast corner of the property that removes the existing building from said easement. The revised easement shall be subject to review and approval of the City Attorney and City Engineer. 16. The terms and conditions listed above for the drainage easement shall be set forth in a Permissive Use Agreement between the City and the Applicant as drafted by the City Attorney to be executed prior to the issuance of any building permits. 17. The applicant shall be required to enter into a development agreement if required by the City Attorney. The development agreement shall be subject to the review and approval of the City Attorney and City Council. Approved by the City Council of the City of Oak Park Heights this 28th day of April, 2015. Mary,f c on� er, Mayor 4 ATTEST. Eric A. o son, City Administrator 5 ATTACHMENT A Conditional Use Permit For Memory Care & Assisted Living Expansion And Variances For Setbacks and Building Height At Oak Ridge Place Washington County Property ID: 33.030.20.44.0025 Legal Description: Lot 1, Block 1, Oak Park Heights Garden Physical Address: 6060 Oxboro Ave. N. ATTACHMENT B Conditional Use Permit For Memory Care & Assisted Living Expansion And Variances For Setbacks and Building Height At Oak Ridge Place 6060 Oxboro Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Proof of Ownership or Authorization to Proceed Development Request Review with City Staff/Consultants: October 29, 2014 Planning Commission Review& Recommendation: November 13, 2014 Conditional Use Permit -Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request,the conditional use permit shall become null and void twelve(12)months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty(30) days before the expiration of said approval. (401.03.C.4.a and b) Variance—Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the variance shall become null and void twelve(12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building structure, addition or alteration, or use requested as part of this variance. The property owner shall have the right to submit an application to extend the approval of a variance to the Zoning Administrator not less than thirty(30)days before the expiration of said approval. (401.4.0 .1 —401.4.C.2)