Planning Report

 

Date:             January 21, 2003

Case:             NC02-6 / SP02-14 / LP02-12

            Subject:      Innsbruck Care Center Expansion

                                    Special Use Permit, Non-Conforming Use Permit & Site Plan Review

            Applicant: Mina Adsit, AIA on behalf of Benedictine Health System

 

 

Request

 

The Planning Commission is asked to hold a public hearing and consider an application by Ms. Mina Adsit on behalf of Innsbruck Care Center, for a Special Use Permit, a Nonconforming Use Permit, and Site Plan Review to expand the existing facility located at 2800 I-694 Service Drive.

 

 

The purpose of the request is to construct a 24,100 square foot addition onto the existing 39,100 square foot building and expand the parking area.

 

The site does not have screening near the east lot line along the parking area and a portion of the existing building and parking area encroach into the front yard setback.  The Code identifies these as Type 4 Nonconforming Uses, which requires a public hearing.  The nursing home use is a Special Use and any expansion of the facility also requires a public hearing.

 

 

Findings

C  Section 8-010, Site Plan Review   

C  Section 8-130, Special Use Standards

C  Section 8-460 (2), Regulations as to Type 4 Nonconformities

 

 

Site Characteristics

1.     Location:                                      2800 I-694 Service Drive             

2.     Lot Size:                                      187,860 ft.2 (4.31 acres)

3.     Topography:                                 slopes to the north and sharp drop off approaching Linden Drive.

4.     Vegetation:                                  mature landscaping, including cottonwood and buckthorn

5.     Sensitive Areas:                           none

6.     Comprehensive Plan Designation:        PQ-P, Public Quasi-Public.

7.     Zoning:                                        R-3B, Multifamily Residential

8.     Surrounding Land Uses:

               North:                                   Zoned R-2, Two Family Residential

               South:                                    Interstate 694 Freeway

               East:                                      Office building & Lindsey Court Townhomes

               West:                                    Pecks Woods Townhomes, Zoned R-3B.

 

 

Site History

1.     Past Uses:                                   Nursing Home

2.     Historical Significance:                 None

 

 

 

 

Departmental Considerations

 

Community Development

 

1.          Building Setbacks:                       

 

 

 

Required

 Existing /

Proposed

Front

30

16’   (to 694 Service Dr.)

Side

10

45’ (to Black Oak Drive)

52’  (to Lindsey Ct.)

Rear

30

(to Linden Dr.)249’

 

 

The southwest corner of the building encroaches into the front yard setback for the I-694 Service Drive.

 

 

2.          Parking & Drive Aisle Setbacks:  

 

 

 

 

Required

 Existing /

Proposed

Front

30’

18’   (to 694 Service Dr.)

Side

5’

6’   (to Lindsey Ct.)

Rear

5’

67’   (to Linden Dr.)

 

 

The south parking area encroaches into the front yard setback for the I-694 Service Drive; and, the landscape buffer screening the off street parking spaces is inadequate. 

See Staff Notes below.

 

3.     Parking Spaces Required:            114 stalls required

4.     Parking Spaces Proposed:           88 stalls existing, 92 proposed, with 24  Proof of Parking

                                                          

        Proof of parking for 24 stalls is shown on plan for a total of 116 possible parking stalls

        (2 more than required by City Code)

 

5.     Handicap Parking:                       Required:  5 Stalls        Existing/proposed: 5 Stalls                         

6.     Stall Size:                                     9 x 18 (complies)  

7.     Drive Aisle Size (two way):          Required: 24 feet        Proposed: 24 feet

8.     Total Drive Entrances:                  4: two from I-694 Service Drive & two from Black Oak Drive.     

9.     Driveway Width:                          Maximum:   24 feet   

                                                           Proposed:  24 feet                        

 

10.   Concrete Curbing:                       Existing around parking and drive areas

11.   Parking Area Surface:                  Bituminous

 

12.   Landscaping/Screening:                mature landscaping along building and parking areas.  Landscaped buffer along east parking lot is required (see Staff Notes below)

 

                                                           The northern portion of the lot has mature trees worth saving, but also contains old cottonwood trees that should be thinned out.  Also, there are buckthorn specimens that should be removed.

 

                                                                                                                                                                                                                                          In examining submitted drawings, Staff is concerned about snow plowing and snow storage plans.  The screen of techny arborvitae between the north parking lot and the pond may suffer from snow storage activities. 

 

                                                                                                                                                                                                                                          The applicant should revise the plan and submit it for review and approval by Staff.

 

13.   Impact on Land Uses:                        None

 

Public Works

1.     Streets:                                        The site will be served by I-694 Service Drive and Black Oak Drive.

2.     Curb Cuts:                                   four.

3.     Utilities:                                       Existing    

4.     Grading/Drainage:                        A pond is proposed for the northeast corner of the site.  This pond is designed to work in conjunction with the pond on the adjacent site (Lindsey Court Townhomes).

5.     Rice Creek Watershed District:     Required.

6.     Environmental Concerns:              None

7.     Other Considerations:                  none.

 

Building Official

1.      Existing Structure Size:      39,100 sq. ft.2

         Proposed:                         24,100 sq. ft.2

                                                           63,200 after construction

 

2.     Structure Height (required):          30’ or 3 stories, whichever is less

3.     Structure Height (proposed):        11’ east elevation in west courtyard;

                                                           21’ 6” north elevation

                                                           30’ on west elevation (complies).

4.     Exterior Treatment:                      Submitted elevation plans show brick entryway columns, rock face concrete walls with metal parapet caps.  Some sections of the new addition will have a veneer brick or stucco to match the existing building. 

5.      Mechanical Screening:                   Plans show stucco screens for rooftop mechanical

                                                           equipment.

Fire

1.     Hydrant Locations:                      Black Oak Drive right-of-way (southwest area of site)

                                                           along east drive/parking area

2.     Access to Site:                             adequate

3.     Access to Structure:                     adequate

4.     Other Considerations:                  none.

Staff Comments

 

Special Use Permit

As specified in Section 8-130 of the New Brighton Zoning Ordinance, no special use shall be recommended by the Planning Commission unless such shall find:

 

a.       That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort of the general public.

b.       That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

c.       That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

d.       That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

e.       That the special use shall, in all other respects, conform to the applicable regulations of the district in which it located.

 

Staff believes that the proposed addition will not be injurious to the use and enjoyment of other properties in the area and that it does not impede the development and improvement of other properties.  The site conforms to all other applicable regulations of the R-3B zone.

 

 

Type 4 nonconforming use permit: 

 

The purpose of the request is to construct an addition onto the existing building.  The site has three existing non-conformities:

C         A front yard (I-694 Service Drive) building setback encroachment of 14 feet on the southwest corner of the building [Section 4-440 (3) ];

C         A front yard parking setback encroachment (I-694 Service Drive)  of 12 feet on the southern parking area [Section 11-020 (6)]; and,

C         Lack of screening between the properties to the east and the north off street parking area [Section 11-010 (5)].

 

 

1.  Building Setback Encroachment Issue

 

The existing building encroaches 14 feet; the proposed expansion meets all setback requirements. 

 

The City Council approved a street vacation for the portion of the Innsbruck parcel along the I-694 right-of-way on October 24, 1995 (see attached Council Report 95-195 and Resolution 95-092).  Apparently this was not recorded with Ramsey County and therefore the change is not reflected in parcel shape files on hand with the City of New Brighton or for the Surveyor (Carley-Torgersen, Inc.)

 

For purposes of analysis, Staff conducted the site plan review with the submitted Survey, which, consequently, reveals a setback non-conformity.  Staff believes that this is a administrative issue to be resolved by the landowner and Ramsey County.  The City should condition approval on the recoding of the vacation prior to final occupancy.

 

 

2.  Parking Setback Encroachment Issue

 

The parking lot on the south side nearest the I-694 Service Drive right-of-way encroaches into the setback by 12 feet.  The applicant does not propose to address this non-conformity.

 

 

3.  Screening of off street parking Issue

 

The proposal is to buffer the parking areas by alternate fencing and plantings to screen the adjacent properties to the east. The submitted landscape plans show a staggered fence with tightly planted vegetation. 

 

The Zoning Code requires off street parking to be screened from adjacent parcels.  The Code allows screening to be satisfied by an opaque fence, plantings, and earthen berm or some combination of the foregoing. 

 

Staff believes this satisfies Section 11-010(5).

 

 

As specified in Section 8-610 of the New Brighton Zoning Ordinance, no Type 4 Non-conforming Use Permit shall be granted unless one or more of the following conditions are met:

 

a.   The total number of nonconformities is reduced.

b.   The impact of any nonconformities upon adjacent premises is reduced to the greatest practical extent.

c.   The extent of any nonconformity is reduced where practical.

 

 

The applicant is proposing to reduce the total number of nonconformities by adding fencing and landscaping along the east lot line.  The applicant argues that the building setback encroachment will cease to be an issue once the vacated right-of-way is recorded with Ramsey County. The applicant believes they have reduced the non-conformities to the greatest practical extent.

 

Staff believes that the conditions for approval of the Non-Conforming Use Permit are met. 

 

 

Public Comment

Staff received emails from Linden Townhome Association (north of the site) and directed inquiries to the applicant’s representative.  Staff spoke with Mr. Todd Leffler, who is the Pecks Woods Homeowner’s Association President.  The City Planner sent Mr. Leffler a small scale copy of submitted plans.  To date of writing, Staff has not received any written comments to be included in the Report.

 

 

 

 

 

 

 

 

Staff Recommendation

Staff recommends approval of the non-conforming use permit and site plan subject to the conditions outlined above.

 

 

 

Approval

Motion to waive the reading and adopt the attached resolution recommending approval of the Non-conforming Use Permit and Site Plan NC-02-004 and LP02-011 subject to the following conditions:

 

 

1.      Approval of a permit by the Rice Creek Watershed District.

2.      The right-of-way vacation approved by the City of New Brighton in 1995 shall be recorded with Ramsey County and appropriate documentation submitted to the City prior to a final certificate of occupancy is granted.

3.      The applicant shall work with City Staff to modify the landscape plan to accommodate snow storage issues.

 

 

 

 

 

Patrick Boylan

Intermediate City Planner

 

 

 

Resolution No.

City of New Brighton