4.9. SR 02-04-2019 - Laserfiche WebLink

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WHEREAS, the City Council, at the conclusion of its January 22, 2019, public meeting on the Applicant's Application, made findings of fact and directed that a resolution denying the Application and incorporating the City Council's findings of fact be prepared for City Council consideration. NOW, THEREFORE, the City Council of the City of Elk River, Minnesota, makes the following findings of fact and decision with respect to the Application by ResCare Minnesota, Inc. for a Conditional Use Permit to allow establishment of an Institutional Use at 633 Upland Ave NW. FINDINGS OF FACT The building at 633 Upland Ave NW, (the "Property�') was constructed in 1978 for use as a Masonic Lodge. 2. In 1980 the Property was zoned R -1c (single-family residential), and the Property has remained in the R -1c zoning district since 1980. 3. The Elk River Comprehensive Plan, most recently amended on May 19, 2014, has guided the Property for residential uses since 1983. 4. On October 25, 2018, ResCare Minnesota, Inc. submitted a Conditional Use Permit application for the Property, proposing to establish an Intensive Residential Treatment with Services (IRTS) facility (Institutional Use) at the Property. An IRTS facility is an Institutional Use pursuant to the City of Elk River Zoning Ordinance. Institutional Uses are allowed in the R -1c zoning district as a conditional use, and only up approval of a Conditional Use Permit. 7. Elk River City Code states that in order for a Conditional Use Permit to be granted, the request must meet the seven standards outlined in Sec. 30-654. — Standards for Issuance; (a) Required findings. The planning commission shall recommend a conditional use permit and the council shall order the issuance of such a permit only if it finds that such use at the proposed location: (1) Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. (2) Will be consistent with the comprehensive plan. (3) Will not impede the normal and orderly development and improvement of surrounding vacant property. (4) Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, i