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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