101512 special planning commissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES October 15, 2012
SPECIAL MEETING City Hall, 5:30 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chair Houle called the meeting to order at
5:30 p.m.
ROLL CALL Present: Paul Anderson, Jim Brinkman, Jeff Houle, Roger Landy,
Christopher McKenzie, Steve Svendsen
Absent: Sandra Hunten, Ranjan Nirgude, Sunday Onadipe, Tom
Schmidt
Also Present: Curtis Jacobsen, Director of Community Development,
Steve Sondrall, City Attorney, Pamela Sylvester, Recording
Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
Planning Case 12 -10 Chair Houle introduced Item 4.1, stated the purpose of the meeting was
Item 4.1 to continue discussion of a request for a conditional use permit to allow
an adult daycare facility in an existing building in an R -O residential
office zoning district, 9220 Bass Lake Road, Tharp Family Partnership,
petitioner.
Chair Houle stated that, pursuant to the city code, he had requested a
special meeting to continue discussion of this planning case prior to the
November Planning Commission meeting and three commissioners
agreed in writing. The meeting was advertised in the local newspaper and
notices were sent to properties within 350 feet of the site.
Mr. Curtis Jacobsen showed a site map illustrating the location of the
tenant space in the building, drop -off area for clients, loading /delivery
area for the building with easy access for deliveries to the daycare's
kitchen, and five parking spaces for the daycare's buses /vans. The
daycare proposed to use two to three 8 -to -14 passenger buses to transport
clients. A room layout map was shown that identified what all of the
rooms would be used for including the kitchen, storage area (with a door
to the hallway leading to the loading area), exercise room, an office, quiet
room, computer /game room, music /activity /gathering room, and the
balance of the area would be open space for additional recreational
activities. The clients would range in age from 60 to 90 years old. All
current clients are ambulatory.
The original conditions of approval were modified after receipt of the
revised drawings which now include painting of the curb cut access,
maximum number of clients, no outdoor activities, permit required for
building changes, submittal of state licenses to the city for the daycare,
and approval of the kitchen by Hennepin County Environmental Health.
Chair Houle inquired of staff whether public input could be accepted at
this meeting. Mr. Jacobsen responded that the public hearing had been
opened and closed at the October 2 Planning Commission meeting. A
decision whether or not to recommend approval was tabled to November
7 to allow the applicant to submit revised plans. This special meeting was
called to recommend approval or denial of the request to the City Council
prior to its meeting on October 22.
Chair Houle stated that he would allow input from residents with the
conditions: 1) that comments pertain only to the conditional use permit at
9220 Bass Lake Road; 2) present any new information that was not
discussed at the October 2 meeting; and 3) limit comments to a couple
minutes.
Mr. Bill Gabrys, 9209 59th Avenue, and asked for confirmation that there
would be no outdoor activities. He stated concern with clients wandering
into his yard if left outside alone in the picnic area. Chair Houle replied
that it was his understanding there would be no organized outdoor
activities. If a client wanted to utilize a picnic table, and not all of the
clients came out at the same time, that would fall within the acceptable
levels established. Commissioner Svendsen interjected that all tenants in
the building have use of the picnic tables as weather permits. Mr. Gabrys
wondered what recourse he had if someone wandered into his yard and
he was told to call the police department. Commissioner Landy suggested
if there was a complaint that was not police related to contact city staff.
Mr. Jacobsen added that none of the clients have Alzheimer's or cognitive
disabilities. The reason the clients are there is that they need care during
the day, but they are fully cognizant of what is going on around them.
Mr. Taryn Buehring, 5808 Gettysburg Circle, initiated discussion of the far
east single row of parking as shown on the site plan and inquired of the
fence that had been removed along Highway 169. Mr. Steve Tharp,
general partner with Tharp Family Partnership, stated there are three
double rows of parking in the east lot, but the last single row of parking
stalls were never installed as it was determined those stalls were not
needed. Mr. Jacobsen stated that he visited the site during the day last
week and in the east lot alone there were 50 parking stalls not being
utilized.
Mr. Steve Lovcik, 9225 59th Avenue, inquired of refuse management,
especially with the kitchen waste. Mr. Tharp stated that trash is now and
would continue to be maintained inside the building with three
dumpsters per week.
Mr. Jacobsen stated that the fence that was referred to was along the
ramp from Bass Lake Road to north Highway 169 and thought it had been
removed by the highway department, possibly MNDOT. There was no
specific need to have a fence in that area. The four -foot, chain -link fence
Planning Commission Meeting 2 October 15, 2012
was never part of the Tharp development. Mr. Tharp added that they had
removed the fence with the county's approval, with the exception of one
fence post at the corner that the county requested be left in place. There
was no need for the fence as no one walks through the property from that
area. In 12 years, there has only been one instance where a car ran off the
road, but not close to where the fence was located.
Mr. Doug Swigert, 5900 Hillsboro, questioned where restroom facilities
were located. Chair Houle responded that the restrooms are located
outside this tenant space and would be accessed from the hallway. The
applicant would be required to meet the building code's required number
of sinks and toilets fixtures.
There was no one else in the audience wishing to speak on this issue.
Chair Houle explained that the city had specific steps to follow for a
building or property owner asking for revisions to their property. The
CUP process was laid out specifically in the zoning code. Certain
requirements must be met in order for the city to grant a CUP. If an
applicant meets the CUP requirements as laid out in the code, then it is
incumbent upon the Planning Commission and City Council to grant the
CUP. The city cannot institute additional criteria for an applicant to
comply with that are not in the code.
Mr. Steve Sondrall, city attorney, concurred. If the Planning Commission
found that the conditions for the CUP according to the code were met,
then it is a requirement of law that the application be recommended for
approval to the City Council. The City Council then reviews the
application based on the Planning Commission's recommendation and
judges whether the conditions of the code were met and, if the Council
finds the conditions have been met, it is incumbent upon them to grant
the CUP.
Chair Houle reported that once granted, a CUP could be reviewed at any
time. If violations were found, staff must be made aware of the violations,
evaluate the situation, and contact the building owner to correct the
situation.
Mr. Sondrall added that if clients continued to wander onto adjacent
properties, under the CUP, that would be grounds to review the CUP for
revocation, due to the applicant agreeing that there would be no outside
organized activities. If that would be occurring too often, an argument
could be made that it was a violation of the CUP and subject the
application to revocation.
Chair Houle explained an adult daycare is allowed by code in the R -O
zoning district with specific conditions including providing an adequate
amount of parking stalls on site, off - street loading, an outdoor
recreational area which was waived upon the request of the applicant,
signage, meet all building and fire codes, and state licensing regulations.
Planning Commission Meeting 3 October 15, 2012
In this instance, the state would determine the number of clients that
could be served within this size space; the city was setting a limit of 50
clients with this application.
Commissioner Brinkman inquired whether or not Mr. Tharp had met
with the neighbors as previously recommended by the Commission and
he responded no. Mr. Tharp stated there are nine adjacent neighbors and
two were not at the October 2 meeting and they own three of the
properties. The issues the four property owners brought up were not
associated with the property at 9220 Bass Lake Road, which is owned by
Tharp Family Partnership. The issues dealing with the three rental
properties are owned by another entity, Shawn Tharp. Mr. Tharp added
that in the 12 years they have owned the building, there has only been one
violation for long grass, which was addressed immediately upon
notification. He maintained that if someone comes to them with an issue,
it is taken care of immediately. The brush pile and bags of leaves
identified at the October 2 meeting have now been removed. The issues
that were brought up at that meeting had nothing to do with the property
being considered for a CUP. He added the only neighbor he would be
meeting with is Mr. Gabrys. With regard to the noise and cars, Mr. Tharp
stated that they have not had racecars at that building for three years. All
of the racecars that were there were muffled and street legal. They did not
do mechanical work inside the building or tune up cars. If there was an
issue with a car, it was loaded onto a trailer.
Mr. Buehring commented that at the last meeting commissioners pointed
out the example of New Hope Bowl and resolving problems with the
neighborhood. He would like to meet with the property owners before the
Council meeting. Chair Houle and Commissioner Landy agreed that it
was the recommendation of the Commission for the two parties to meet,
however, the city could not force the issue. Landy suggested the
neighbors be diligent in reporting issues to city staff.
Motion Motion by Commissioner Svendsen, seconded by Commissioner
Item 4.2 Brinkman, to approve Planning Case 12 -10, request for a conditional use
permit to allow an adult daycare facility in an existing building in an R-
O Residential- Office zoning district, 9220 Bass Lake Road, Tharp
Family Partnership, petitioner, subject to the following conditions:
1. The accessible curb access point to be identified by a fresh coat of
yellow paint on the curb.
2. The site is approved for up to, but not to exceed, 50 participants per
the applicant's submitted plans.
3. No organized, on -site outdoor activities be permitted.
4. Building plans be submitted for interior improvements in
compliance with building and fire code requirements.
5. The operator assures that at all times the city has copies of all
current state licenses for the facility.
6. Copies of Hennepin County Environmental Health approval of the
kitchen shall be provided to the city.
Planning Commission Meeting 4 October 15, 2012
Voting in favor: Anderson, Brinkman, Houle, Landy, McKenzie,
Svendsen
Voting against: None
Absent: Hunten, Nirgude, Onadipe, Schmidt
Motion approved.
Chair Houle stated that the City Council would consider this planning
case at its meeting on October 22, 2012, and asked the petitioner to attend.
He stressed that the planning commissioners felt the requirements of the
CUP have been met and were passing along a recommendation for
approval. A number of other issues brought forward did not pertain to
the CUP at 9220 Bass Lake Road. He encouraged residents to talk to the
mayor and city council members prior to the October 22 meeting.
COMMITTEE
REPORTS
Design and Review Mr. Jacobsen reported that the October Design and Review Committee
Committee meeting had been cancelled due to no new planning applications. The
Planning Commission would be conducting a public hearing on
Wednesday, November 7, for the City Center zoning ordinance.
Codes and Standards Mr. Jacobsen reported that no Codes and Standards Committee meeting
Committee was scheduled at this time.
NEW BUSINESS There was no new business.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Landy, seconded by Commissioner Svendsen,
Item 7.1 to approve the Planning Commission minutes of October 2, 2012. All
voted in favor. Motion carried.
ANNOUNCEMENTS Mr. Jacobsen announced that Jeff Sargent was hired as the new
community development specialist and would start employment with the
city on November 5.
Mr. Jacobsen passed out a handout on workforce housing and stated it
was assembled by a group in Richfield. It was provided to the City
Council by someone who attended one of Ron Clark's open houses and
was for informational purposes only.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 6:10
p.m.
Respectfully submitted,
Pamela Sylvester, Recording Secretary
Planning Commission Meeting 5 October 15, 2012