DISCLAIMER

05-0681R


RESOLUTION GRANTING A SPECIAL USE PERMIT TO HOVLAND-DONOVAN PROPERTIES, INC., FOR A RESIDENTIAL CARE FACILITY, SECTION 50-56(E) ASSISTED LIVING FACILITY, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF MIDDLE ROAD.

BY COUNCILOR GILBERT:

     WHEREAS, Hovland-Donovan Properties, Inc., has submitted to the city council a request for a special use permit for a residential care facility, Section 50-56(e) assisted living facility, on property described as northerly 150 feet of Lots 95, 96 and 97, Norton’s Acre Outlots of Duluth and located on the south side of Middle Road, 500 feet west of Howard Gnesen Road; and said permit application was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has subsequently reported its approval to the city council; and

     WHEREAS, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.

     NOW, THEREFORE, BE IT RESOLVED, that a special use permit is hereby granted to Hovland-Donovan Properties, Inc., to allow for the operation of a assisted living facility on the south side of Middle Road, on the condition that the project be developed consistent with the plans submitted by DSGW entitled “Greenbriar Assisted Living Facility, dated September 22, 2005," as identified as Public Document No. ________ and the following conditions:

     (a)  That prior to the issuance of building permits, all necessary wetland permits be secured; and

     (b)  That the project secure the necessary SWPP permits for site development and stormwater management.


STATEMENT OF PURPOSE:  This resolution grants a special use permit to Hovland-Donovan Properties, Inc., to construct and operate a 16 unit assisted living facility with support staff facilities. This is a one story building with walkout basement under the center quarter of the structure. Six to eight off street spaces are provided for staff and guest parking with a two car loading zone. The property is located on the south side of Middle Road 500 feet west of Howard Gnesen Road; just east of the entrance to the Cedar Ridge Subdivision developed by Mr. Hovland.


The planning commission unanimously recommended approval of this resolution at its September 28, 2005, meeting which includes the following conditions;

1. that the project be developed consistent with the plans submitted by DSGW entitled “Greenbriar Assisted Living Facility , dated September 22, 2005 and on file in the Planning Department FN 05029;

2. that prior to the issuance of building permits, all necessary Wetland permits be secured; and

3. that the project secure the necessary SWPP Permits for site development and stormwater management.


The Planning Commission finds that the ordinance governing the application is Section 50-32 et.seq., that compliance with that ordinance requires that the following facts, features, or events show compliance;

     i)   Will the proposed special use result in a random pattern of development with little contiguity to existing or programmed development? No, this is a residential use in a residential zone. This site is comparable in size to one half of a city block. The R-1-a zone provides for a development density of one family per 14,000 square feet of land area. This project presents a density of ONE PERSON per 2,812 square feet of land area.

     ii)  Will the requested use(s) cause anticipated negative fiscal or environmental impacts upon the community? No, this facility will have an impact equal to or less than four single family dwellings which could be developed on this site. There are approximately 4,200 square feet of wetland impacts anticipated by this project. However, under City Code, the area impacted is exempt from permits under Chapter 51. Under the Wetland Conservation Act these impacts may be exempt from mitigation due to size (re: less than 10,000 square feet of type 6/7 wetland area)

     iii) Will conditions and safeguards protect the comprehensive plan and conserve and protect property and property values in the neighborhood? This is a residential use in a residential zone. This is considered a low impact land use. No unique conditions or safeguards have been identified.

     iv)  What appropriate conditions and safeguards, including performance bonds and a specified period of time for the permit, are necessary? No unique conditions or safeguards have been identified.

 

Date Filed: September 9, 2005

Action Deadline: January 7, 2006