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Home My WebLink About8B - Fairview Clinic DA TE: INTRODUCTION: DISCUSSION: ALTERNATIVES: RECOMMENDA TION: ACTION REQUIRED: STAFF AGENDA REPORT 88 R. MICHAEL lEEK, ASSOCIATE PLANNER CONSIDER APPROVAL OF RESOLUTION 96-07 RELATING TO A REQUEST FOR AMENDMENT TO A CONDITIONAL USE PERMIT FOR RIDGEVAllEY MEDICAL CLINIC TO ALLOW A WOOD RATHER THAN BRICK TRASH ENCLOSURE JANUARY 16, 1995 The purpose of this item is to consider an amendment to the Conditional Use Permit (CUP) for RidgeValley Medical Clinic. Specifically, the request is to allow a wood trash enclosure until such time as the second phase of the Clinic is completed. See attached Planning Report dated January 8, 1996, for a complete analysis of the CUP application and process. The Planning Commission held a hearing on this issue on January 8, 1996. Testimony was provided by Mr. Ray Piirainen on behalf of Fairview Hospital and Healthcare Services. The Planning Commission voted to recommend denial of the requested CUP amendment. Subsequent to that meeting, Mr. Piirainen transmitted the attached letter requesting that the applicant be given until June 30, 1996, to correct the non-conforming trash enclosure. Staff has prepared and attached to this report 2 resolutions for the Council's use, one denying and one approving the requested CUP amendment. 1. Adopt Resolution 96-07, denying an amendment to the Conditional Use Permit to permit a wood trash enclosure. 2. Continue or table the item for further discussion. 3. Adopt Resolution 96-07 approving the CUP amendment application, and giving the applicant until June 30, 1996 to complete installation of a brick trash enclosure. denying or 16200 ~~W~6MlS.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 .A.N EQUAL OPPORTLNIT'Y' EMPLOYER RESOLUTION 96-07 A RESOLUTION DENYING A CONDITIONAL USE PERMIT (CUP) AMENDMENT TO PERMIT A WOOD RATHER THAN BRICK TRASH ENCLOSURE FOR RIDGEV ALLEY MEDICAL CLINIC WHEREAS: The applicant, Fairview Hospital and Healthcare Services, 2450 Riverside Avenue, Minneapolis, MN 55454, submitted an application for CUP amendment according to the provisions of Zoning Ordinance 83-6, Section 7.5; and WHEREAS: notice of the CUP amendment hearing was mailed to all property owners within 500' of the subject site and said owners permitted the opportunity to voice their opinions related to the CUP amendment request; and WHEREAS: the Planning Commission, acting as the Board of Adjustment held a hearing to consider the CUP amendment application on January 8, 1996, and all interested persons were afforded the opportunity to voice their opinions on the application; and WHEREAS: the Planning Commission found the request to allow a wood trash enclosure rather than a brick trash enclosure does not meet the "Criteria for Approval" for CUP applications as per Zoning Ordinance 83-6, Section 7.5; and WHEREAS: the Planning Commission recommends the City Council deny the CUP amendment application; and WHEREAS: the City Council considered the CUP amendment at a meeting held January 16, 1996, and concluded that the request did not meet the screening requirements found at Section 6.10(F), or the criteria for granting conditional use permits found at section 7.5(C)( 1 and 4); and WHEREAS: the City Council affirms the recommendation of the Planning Commission to deny the application for CUP amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, that it hereby denies the requested CUP amendment for Fairview Hospital and Healthcare to permit a wood rather than brick trash enclosure. Passed and adopted this 16th day of January, 1996. YES NO Andren Greenfield Kedrowski Schenck Mader Andren Greenfield Kedrowski Schenck Mader Frank Boyles, City Manager City of Prior Lake 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55j72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RESOLUTION 96-07 OLUTION RESCINDING RESOLUTION 95-20 APPROVING A .M ITIONAL USE PERMIT FOR F AIRVIEW HOSPITAL AND HEALTH SERVICES AND APPROVING AN AMENDED CONDITIONAL USE PERMIT FOR F AIRVIEW HOSPITAL AND HEALTH CARE SERVICES MOTION BY: SECOND BY: WHEREAS, Fairview Hospital and Health Care Services made application for and was granted a conditional use permit to operate a medical clinic on property located within the RI-Urban Residential District for the following legally described property: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Lots 16, 17 and 18, Block 6, Westbury Ponds Second Addition, Scott County, Minnesota; and The Conditional Use Permit was granted by Resolution 95-20, adopted by the City Council on April 3, 1995, and among other items required that the trash enclosure be constructed of brick; and Fairview Hospital and Health Care Services has made application for amendment of its Conditional Use Permit to permit a non-conforming wood trash enclosure to remain until June 30, 1996, at which time it would be replaced with a brick enclosure; and The Prior Lake Planning Commission held a duly noticed public hearing on the request on January 8, 1996; and The City Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed amendment to the Conditional Use Permit on the health, safety and welfare of the occupants of the surrounding land, existing and anticipated traffic conditions, the effect of the use on the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance; and The City Council has determined that the proposed amendment complies with the criteria for granting a Conditional Use Permit contained in Sec~ion 5-6-5 of the City Code; and The contents of Planning Case Files CU95-0 1 and CU95-05 are hereby entered into and made a part of the public hearing record and record of decision for this case; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that Resolution 95-20 is hereby rescinded; and 16200 ~~~~S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BE IT FURTHER RESOLVED that the City Council hereby approves the amended Conditional Use Permit for a medical clinic at the above-described location subject to the following conditions: 1. The site be developed, used and maintained in accordance with the following exhibits contained in Planning Case File CU95-0 1 : a. Exhibit A, site plan, b. Exhibit B, landscape plan, c. Exhibit C, grading and drainage plan, d. Exhibit D, elevations. 2. The wood trash enclosure on the westerly side of the building may remain in place until June 30, 1996, at which time it will be replaced by a brick enclosure. Passed and adopted this 16th day of January, 1996. YES NO Andren Andren Greenfield Greenfield Kedrowski Kedrowski Mader Mader Schenck Schenck { Seal} City Manager City of Prior Lake RES9607B.DOC/RML 2 JAN-09-1996 09:38 Fairview FAIRVIEW 6727124 P.01 00 00 Hospiml (melllf..(..lth(~urr.~ Scrdou 2312 ,(joutb Sixtb Street ,1-I"'meajJOlis. MN .55454.139; o"U.67:J.6j(JO /i'....T 6U.6n.6jO] January 9, 1996 R. Michael Leek, Associate Planner City of Prior Lake 16200 Eagle Creek Avenue, S.E. Prior Lake, Minnesota 55372-1714 447-4230 (fax 447-4245) Re: 4151 Willowwood Road Correction of non-conforming trash enclosure Dear Mr. Leek: As I stated at la,st evening's Planning Commission meeting, the trash enclosure was mistakenly constructed of wood instead of brick. The Planning Commission denied Fairview's amendment to delay the correction until the indefinite time of the second phase of the building construction. Therefore, I respectfully request that, per the suggestions of the adjacent neighboring landowner's representative Tom Kearney and of a Planning Commission member, that Fairview be given until June 30, 1996, because of frost conditions, to correct the non-conforming trash enclosure. Thank you for your consideration. Raymond E. Piirainen Assistant Property Director 672..6963 (fax 672-7124) TOTAL P.01 PLANNING REPORT AGENDA ITEM: SUBJECT: SITE: PRESENTER: REVIEWED BY : PUBLIC HEARING: DATE: 4C CONSIDER CONDITIONAL USE PERMIT AMENDMENT FOR FAIRVIEW CLINIC 15777 HIGHWAY 13 R. MICHAEL LEEK, ASSOCIATE PLANNER DONALD R. RYE, PLANNING DIRECTOR YES X NO-N/A -- JANUARY 8, 1995 INTRODUCTION: An application for an amendment to a conditional use permit (CUP) has been submitted by Fairview Hospital and Healthcare Services for consideration by the Planning Commission. The applicant resolution approving the original conditional use permit specified that the trash enclosure for the clinic be constructed of brick. A review of the property for the final occupancy certificate revealed that the enclosure had in fact been constructed of wood. DISCUSSION: The applicant's letter of November 20, 1995, indicates that they would prefer to wait until the second phase of the project to construct a brick enclosure because of the cost and complications involved in removing such an enclosure. The criteria for approval of a conditional use permit or amendment thereto include, among others, the following; Section 7.5(C)(1). The proposed use conforms to the district permitted and conditional use provisions and all ~eneral re~ulations of this Ordinance. (Emphasis added) Section 7.5(C)(4). The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Section 6.1 O(F) requires as follows; In all Zoning Districts, waste material, debris, refuse or garbage shall be kept in a container enclosed by a wall which is visually compatible with the principal building it serves. It appears that in issuing the initial CUP the City Council had the screening requirement squarely in mind. The present enclosure does not meet the requirement of 6.1 O(F), and thus does not meet the criteria for approval of an amendment to the CUP. In addition, the project was designed with expansion in mind. Thus, the plans approved as a part of the CUP, including the trash enclosure, reflect or should have reflected the requirement of a visually compatible screening wall. While the present enclosure may have been constructed by mistake, the actual requirement should not be a surprise or unexpected hardship for the applicant. ALTERNATIVES: 1. Approve the amendment to the CUP to permit a wood trash enclosure until such time as the second phase of the clinic is completed. 2. Table or continue consideration of the CUP for specific reasons. 3. Deny the CUP amendment, finding that a wood trash enclosure does not meet the CUP approval criteria as defined by the Zoning Ordinance. RECOMMENDATION: Staff recommends Alternative 3. ACTION REQUIRED: A motion direct staff to prepare a resolution and findings consistent with the Planning Commission's disposition of the request for CUP amendment. 2 APH.,IC1\TION FOR <DNDITIONAL USE P~IT OJ CJ~ -O~ PInt ~ -3fA -CO-'; j OiXc' CD.1~ I ,. I ~...l Applicant: P:d rvi PW Hoc:;n; t::l 1 ::Inn Hp::Il 'tlH"::I"f'':' ~':'"f'''; (",:.c:: Address: ?dc;O Pi"p"f'c:;iop Avpnt1p HPT~ HT\T ~~Ll~Ll Property Owner:Pairview Hosuital and Healthcare Services Address: 2450 R.i vers ide Avenue. ~1PLS. ~1N 55454 -Gonsult-ant:-:-Annlicant contact: Rav Piirainen Address: 2450 Riverside Avenue (PROF5101. HPLS. ~~ 55454 _p~ Conditional Use Address: 4151 Willowwood Street.SE. Prior Lake. ~m 55372 Legal Description: Lots 1, 2, and 3, Block 2. Second Addition to Westbury Ponds Existing Use of Property: ~~edical clinic buildinQ: and narkinQ: Home Phone: 672 g963 Wbrk Phone: 672 696~ Home Phone: 672-6963 Wbrk Phone: 672-6903 Phone: 672-6963 Property Acreage: 1.51 acres Present Zoning: R-l with Condition Use Permit amendment Conditional Use Being Requested: Res. 95-20 anprovinQ: CUP required brick trash enclosure. Annlicant reauestinq allowance of existin~ wooden enclosure or, in the alternative, to delay renuiring brick until building eXl')ansion and corresponding parking & driveways are Deed lEstrictions: N:> X Yes If so, please attach. CUP completed. Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it: a:> X Yes P8:iuest: CUP for merlical clinic within R-l zone. When: Spring 1995 SJBMISSION RIDUIREMENl'S: (A) Completed appl ication form. (B) Complete legal description and parcel identification nurrber (pm). (C)Filing fee. (D)Deed restrictions, if necessary. (E) Fifteen copies of site plan drawn to scale showing existing/proposed structures. (F)Additional information as requested by the Planning Director including but not limited to: existing grades and buildings within 100 feet, drainage plan with finished grade and relationship to existing water bodies, if any, proposed floor plan with use indicated plus building el~ations, landscape plan with schedule of plantings and screening, curb cuts, driveways, parking areas, walks and curbing. (G) Certified frem abstract firm the names and address of property owners within 500 feet of the existing property lines of the subject property. (H) Application and supportive data are due 20 days prior to any scheduled hearing. ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNIN:i <n1MISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.5 of the Zoning Ordinance which specifies the requiranents for conditional uses. I agree to provide information and follow the pr ures as outl. in the Ordinance. ~tevw lct<u~ Ass't Prop.Date l Director ~~GOllq<tS- Ravmond E. Piirainen, Ass't Pron.Date THIS SEX:rION 'ID BE FILLED OUT BY THE PLANNIN:i DlREX:'TOR Dl\TE OF HF.AR:m; Dt\TE OF HEARIN::; APPRO\TED APPROlED DENIED DENIED PLANNJN; CDMMISSION CITY cx:m;crL <DNDITIONS: Signature of the Planning Director Date Fairview .!3U South Sixth Street Jlinneapo/is, .1IN 55454-/395 6U-6-2-6300 fax 612-6":"2-6303 Hospital and Heaithcare Sen'ices 00 00 Donald Rye, City Planner City of Prior Lake 16200 Eagle Creek Drive Prior Lake, Minnesota 55372-1714 447-4230 November 20, 1995 Re: Ridge Valley Medical Clinic building Amendment to CUP for Lots 1,2, and 3, Block 26, Second Addition to Westbury Ponds for wooden trash enclosure Dear Mr. Rye: Thank you for you memorandum dated January 19, 1995, regarding our Conditional Use Permit Application for the above-referenced Project. The following is our response to your requests: A. Conditional Use Permit Application form is attached and signed.. B. Complete legal description is "Lots 1, 2, and 3, Block 2, Second Addition to Westbury Ponds". The parcel identification numbers ("PIN") were Lot 1 - 25 309 0050, Lot 2 - 25309 0060, and Lot 3 - 25 3090070. My understanding is that the PINs were combined to form a single PIN 25 3090050. C. $200 filing fee is attached. D. Deed restriction is existing CUP per City Council Resolution 95-20 E. Per 11/20/95 telephone conversation with City Planning office, attached please fmd fifteen (15) reduced copies of our 2/15/95 site plan showing the trash enclosure. F. The Applicant would prefer to wait until the second phase of the building is completed along with the corresponding parking and driveways prior to constructing, if necessary, footings, foundation, and a brick exterior to the trash enclosure. Per our experience at other buildings, it may be that we would need to relocate the permanent trash enclosure because of the final configuration of the entire parcel or interior space. Please contact Ray Piirainen for further information. G. A 500 ft. radius search has been ordered from Universal Title in Prior Lake (Shir~ey, 447-7949). Please contact me with your further questions and comments. aymond E. Piirainen Assistant Property Director 672-6963 (fax 672-7124) NOTICE OF HEARING FOR AMENDMENT TO CONDITIONAL USE PERMIT FOR FAIRVIEW HOSPITAL AND HEAL THCARE SERVICES You are hereby notified that the Prior Lake Planning Commission will hold a hearing at Prior Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection of CR. 21 and Fish Point Road), on: Monday, January 8, 1995 at 7:00 p.m., or as soon thereafter as possible. APPLICANT: Fairview Hospital and Healthcare Services Raymond E. Piirainen, Assistant Property Director 2312 South Sixth Street Minneapolis, Minnesota 55454-1395 SUBJECT SITE: RidgeValley Medical Building Lots 1,2, and 3, Block 26, SECOND ADDITION TO WESTBURY PONDS REQUEST: The applicant wishes to retain a wood trash enclosure rather than construct a brick enclosure as originally specified in Resolution 95- 20 approving the original conditional use permit. If you are interested in this issue, you should attend this hearing. The Planning Commission will accept oral and/or written comments. Questions related to this hearing should be directed to the Prior Lake Planning Department by calling 447-4230 between the hours of 8:00 a.m. and 4:30 p.m. Prior Lake Planning Commission Prepared by: R. Michael Leek Associate Planner City of Prior Lake Date Mailed: December 27,1995 To be Published December 3D, 1995, and January 6, 1995 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQCAL OPPORTUNITY EMPLOYER ./ '\ \ ./ '~~, // \.,/'''' // // // \ \ \ \ \ \ \ " \ \ \ \ \ \~ \ \ \ \ \ \ \ \ \ \ ,,' ~ ,- ,,\\.. , - J......... ..' ..... ~ , ........ "\ ' \\..--,' , .... .................., ... .................. \ ,;.r- .",. , \~... '-. ........ " " \\ 'I.. "--- ~ -