060121 Planning CommissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, MINNESOTA 55428
PLANNING COMMISSION MINUTES June 1, 2021
City Hall, 7:00 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chair Clark called the meeting to order at 7:00
p.m. Due to the COVID-19 pandemic, this meeting was conducted
virtually using the Webex video media platform.
ROLL CALL Present: Scott Clark, Jim Brinkman, Chris Hanson, Matt Korkowski,
Heather Koshiol, Roger Landy, Matt Mannix, Tom Schmidt
Absent: Michael Redden
Also Present: Jeff Sargent, Director of Community Development;
Brandon Bell, Community Development Assistant; Al
Brixius, City Planner; Stacy Woods, Assistant City
Attorney; Jessi Weber, Recording Secretary
NEW BUSINESS
PUBLIC HEARING
Planning Case 21-06
Items 4.1
Chair Clark introduced Item 4.1, Planning Case 21-06, conditional use
permit (CUP) to allow for a commercial daycare; 7700 – 42nd Avenue N,
Glen and Shirley Toby, petitioner.
Mr. Brandon Bell, Community Development Assistant, gave
background information on Planning Case 21-06. The applicant wishes
to open a daycare at the multi-tenant building located at 7700 – 42nd
Avenue N, which is zoned CC, City Center. Commercial daycare uses
are allowed by CUP. The daycare will operate in an existing 3,850
square-foot tenant space, and is proposing to build an outdoor
recreational area approximately 4,300 square-feet in the rear of the
building.
The daycare plans to have an enrollment of 53 children with the
following age breakdown: infants 8; toddlers 35; preschoolers 10.
Next, Bell explained the zoning analysis. For child drop-off and pick-up,
there are 17 parking stalls available for parents to use and walk their
children to and from the building. The traffic circulation plan is for
vehicles to enter from 42nd Avenue N and exit back out through Rhode
Island Avenue N.
A signage plan was not submitted with the application. Any new
signage will require a sign permit after staff review. The applicant has
submitted a fire prevention plan and this plan is subject to review and
approval of the Fire Marshal. A copy of the Fire Marshal’s preliminary
assessment of the proposed use was included with the meeting agenda
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Planning Commission Meeting June 1, 2021
packet
Bell reviewed the off-street loading and recreation area. The applicant
has indicated that they will not initially have any food service or food
preparation on site. Meals will be brought in by the parents. In the
future, the applicant stated they may engage in the use of a catering
service. Under this arrangement, the applicant does not anticipate large
truck deliveries to the site that would require a specific loading zone.
Any deliveries would need to occur during off-peak business hours.
The daycare would be required to provide a fenced-in outdoor
recreation area. The applicants plan to build an approximately 4,000
square-foot outdoor, fenced-in, recreation area to the north of the
building. There is a storm water drainage easement on the northern part
of the property. The applicant has indicated that they do not plan to put
a fence on any section of that easement. The final recreation area plan
will need to be reviewed by the City Engineer, as storm water
requirements may be applicable.
The New Hope Zoning Code does not have a parking standard
specifically for daycares. The Institute of Traffic Engineers Parking
Generation manual indicates that a daycare of the size being proposed
should supply between and 11 and 18 parking spaces. The site currently
has 30 parking stalls between both tenants. With operational hours of
both businesses, staff believes that the current available striped parking
is adequate for both tenants.
The daycare will require employees to park on the eastern section of the
parking lot in order to leave the south stalls available for parents
dropping off children and parking for Marco’s Pizza customers. This
will help reduce traffic congestion during pick-up and drop-off times.
The current parking lot meets city design standards with regard to
surfacing, curbing, striping and dimensions with the exception that the
site must add a second disability stall. By code, a parking lot with 30
stalls requires a minimum of two disability-parking stalls.
Bell discussed additional site details. Neither of the two freestanding
lights on site are 90-degree cutoff fixtures, which are required by City
Code. Both lights will need to be modified to include 90-degree cutoffs
or new fixtures must be installed. The trash enclosure of the east side of
the building will need the gate replaced to comply with City Code. The
applicant must also demonstrate that there will be sufficient space in the
current enclosure for both building tenant’s trash refuse and recycling
containers.
Bell concluded that property owners within 500 feet of the parcel were
notified of the public hearing by mail, a legal notice was published in
the Sun Post newspaper, and a “Notice of Land Use Petition” sign was
installed at the property. The city received one inquiry from an
individual interested in the type and size of the proposed daycare.
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Planning Commission Meeting June 1, 2021
Commissioner Brinkman asked for clarification on the fencing for the
recreation area. Mr. Bell illustrated the recreation area diagram and
verified there will be a six-foot chain link fence. The fence could be
placed in the storm water easement at the applicant’s risk.
Chair Clark asked the applicants to introduce themselves. Mark
Mueller, representing Ayers & Ayers, provided clarification on the
rooms labeled in the building plan. Glen and Shirley Toby, owners of
the proposed daycare introduced themselves. They are currently
operating a daycare and are looking to move into this proposed location.
Motion by Chair Clark, seconded by Commissioner Mannix, to open the
Public Hearing. All present voted in favor. Motion carried.
No one was present to address the commission.
Motion by Chair Clark, seconded by Commissioner Landy, to close the
Public Hearing. All present voted in favor. Motion carried.
Chair Clark asked if any of the commissioners had any questions.
Commissioner Landy asked the applicants if they were comfortable
with the conditions listed in the report. Glen and Shirley Toby stated
they were. Commissioner Landy expressed concern with traffic making
a left turn into the site from 42nd Avenue N. Mr. Toby stated they felt
the turning lane on 42nd Avenue N. would be sufficient to
accommodate the parents making a left turn. They were open to other
suggestions to make the traffic entering the site safer. Mr. Al Brixius
asked Mr. Bell to illustrate the aerial view to look at the entrance. It did
show a turn lane and Commissioner Landy said that eased his concern.
Commissioner Brinkman asked what time drop off and pick up would
be. Mrs. Toby said arrival would be between 6:30-8:30 am and the
daycare closes at 6:00 pm, so all kids would be picked up by then.
Commissioner Brinkman also expressed concern with traffic on 42nd
Avenue N.
Chair Clark asked who would be responsible for the maintenance of the
land in the storm water easement. Mr. Brixius stated the property owner
is responsible for maintaining the easement. Mr. Jeff Sargent confirmed
the City would look to the owner for maintenance of the easement. Chair
Clark asked Mr. Brixius if he had any comments to add regarding traffic.
Mr. Brixius said there will be traffic on 42nd Avenue N. and not much
can be done. There will also be competition with traffic in and out of
Dunkin Donuts.
Commissioner Mannix asked to look at the recreation area map and if it
went the full length of the building. Mr. Bell confirmed it did.
Commissioner Mannix asked if Marco’s Pizza had a door that exited
their suite into the recreation area. Commissioner Brinkman confirmed
they did not have a door on the rear of the building, but did have one
on the side of the building. Commissioner Mannix said that having the
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Planning Commission Meeting June 1, 2021
door on the side of the building alleviated his concern.
Motion
Item 4.1
Motion by Commissioner Schmidt, seconded by Commissioner Landy,
to approve Planning Case 21-06, conditional use permit (CUP) to allow
for a commercial daycare; 7700 42nd Avenue N, Glen and Shirley Toby,
petitioner, with the following conditions:
1. Prior to issuance of the occupancy permit, the applicant shall
provide evidence of a state license for a daycare facility.
2. Approval of the CUP is contingent upon a complete revie w
and approval of the building and fire prevention plans by the
Fire Marshal and Building Official.
3. In order to avoid traffic confusion, the daycare shall require
parents to park in the available striped stalls and walk their
children into the building in the morning and out to their cars
in the evening. This will ensure children are under
supervision both entering and exiting from the daycare
operations.
4. All commercial deliveries to the daycare will need to be
scheduled during off-peak business hours. Site traffic and
deliveries must also be respectful of the other building tenant,
to allow them to receive goods to their section of the building
without interference from the daycare operations.
5. Any private improvements within the city’s stormwater
easement are at the risk of the applicant. The city will not be
responsible for restoration of private site improvements if the
easement is used to access the underlying utility.
6. Applicant shall provide a play area plan showing planned
grading, hardcover surfaces, play equipment, disability
accessibility, landscaping, etc. The play area plan shall show
location of any proposed play equipment. Play equipment
shall be located outside of the storm sewer easement. Prior to
any improvements, the play area plan shall be reviewed and
approved by city staff. No more than 75 percent of the
recreational surface may be comprised of hard cover.
7. The applicant shall provide fence and gate details. Gates
should be large enough to accommodate any maintenance
equipment. The gate latching device must provide play area
security and allow for emergency access and egress.
8. Daycare employee parking shall be directed to the parking
stalls east of the building to leave the south parking stalls
available for parents dropping off children, a nd parking for
the other business’ customers.
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Planning Commission Meeting June 1, 2021
9. A second disability parking stall must be striped on site.
10. All exterior building or site lighting shall meet the current city
lighting standards, including 90 degree light cut -offs installed
on the two on-site freestanding lights.
11. The applicant shall demonstrate that the trash enclosure has
adequate space to house trash handling and recycling
equipment of both businesses at the site.
12. A gate must be installed on the existing trash enclosure in
order to comply with City Code.
Voting in favor: Clark, Brinkman, Hanson, Korkowski, Koshiol,
Landy, Mannix, Schmidt
Voting against: None
Absent: Redden
Motion approved 8-0
Chair Clark stated the case will be brought to the June 29, 2021 City
Council meeting.
COMMITTEE REPORTS
Design and Review
Committee
Item 5.1
The next potential meeting is on June 17, 2021. If an application is
submitted, staff will notify commissioners of the meetings.
Codes and Standards
Committee
Item 5.2
There currently is no meeting scheduled. There are a few topics in
queue, so a meeting will be set up in the next couple of months. Staff will
notify with the meeting date and time.
NEW BUSINESS Chair Clark announced his resignation from the Planning Commission
as he will be moving out of the city. As a result, new officers would need
to be elected. After discussion, the following appointments were made:
Commissioner Hanson, Chair; Commissioner Mannix, Vice Chair; and
Commissioner Korkowski, Third Officer.
OLD BUSINESS
Approval of Minutes
Item 7.1
Motion by Commissioner Landy, seconded by Commissioner Koshiol, to
approve the Planning Commission minutes of May 4, 2021. Motion
carried.
ANNOUNCEMENTS Chair Scott asked commissioners when meetings should be held in
person again. All commissioners gave feedback and meetings will be held
in person starting in July.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:44
p.m.
Respectfully submitted,
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Planning Commission Meeting June 1, 2021
Jessi Weber, Community Development
Administrative Specialist