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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 2 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. 3 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 4 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. 5 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, 6 Planning Commission Meeting June 1, 2021 Jessi Weber, Community Development Administrative Specialist