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HomeMy WebLinkAbout04-22-08 CC Meeting Packet EnclosureMeeting Date April 22 2008 Time Required: 5 Minutes 1. Planning Report 4/2/08 3. Proposed City Council Resolution, Oak Park Heights Request for Council Action Agenda Item Title: Little Pony Preschool Childcare Conditional Use Permit 5850 Omaha Ave. Agenda Placement New Business y -1/ Originating DepartnentURe st r r f ric Johnson, City Administrator Requester's Signature ,f Action Requested Discu: sion and )ossible action, see below f Background /Justificati i I Iease indicate if any previous action has been taken or if other public bodies have advised): Please see the attached from Mr. Scott Richards, City Planning Consultant ri r Planning Commission Resolution (Unsigned) (attachments can be found in the April Planning Packet) Page 69 of 82 NORTHWEST ASSOCIATED CONSULTANTS, INC. PLANNING REPORT 4800 Olson Memorial Highway, Suite 202. Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 .2561 planners@nacplanning.com TO: Eric Johnson FROM: Scott Richards DATE: April 2, 2008 RE: Oak Park Heights Little Pony Preschool and Childcare 5850 Omaha Avenue North FILE NO: 798,02 08.01 BACKGROUND Connie Carlson, Mya Bohan and Cory Mohwinkel have made application to allow a preschool /daycare operation in the lower half of the building at 5850 Omaha Avenue North in Oak Park Heights. The building is owned by Hope Adoption Services Inc. and the upper half of the structure is occupied by that entity. The property is zoned B-2, General Business District in which daycare and group nurseries within multiple occupancy buildings is a listed conditional use. Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: PROPOSED PROJECT Interior Remodel Plan TrafficNehicular Plan Wall Signage Plan Pylon Signage Plan Conditional Use Permit Application and Project Narrative Statement from Hope Adoption Services on Parking and Snowplowing Little Pony Preschool and Childcare will be licensed by the State of Minnesota to offer childcare services for up to 45 children ranging from infants to pre kindergarten. At full capacity, the facility would accommodate eight infants, seven toddlers, 10 early preschool, and 20 pre kindergarten children. The hours of operation would be 6:00 AM to 6:00 PM, Monday through Friday, and open all year. Between four and eight persons would be employed. The lower half of the building at 5850 Omaha Avenue North would Page 70 of 82 be upgraded and renovated to meet all State and local building, fire and licensing requirements. The exterior of the building would not be altered other than the addition of exiting doors, as required, and change of signage, An exterior play area would be added to the west of the building. ISSUES ANALYSIS Comprehensive Plan /Zoning. The property is designated as commercial in the Comprehensive Plan Land Use Map. The subject property is zoned B-2, General Business in which daycare and group nursery facilities in multiple occupancy buildings are a listed conditional use. Conditions for review and approval are included for this conditional use permit as listed below. Daycare Group Nursery Conditional Use Standards (4Ot3OE8) a. Use Compatibility. The operation and function of the daycare facility must be compatible with other existing uses within the building. This compatibility is to be based upon the nature of the daycare use in relation to the operation of the other existing uses within the building and the satisfactory resolution of conditions (b -g) of this Ordinance. The use of the lower level of the building as a daycare would be compatible with the offices of Hope Adoption services on the upper level, b. Building Plans. The building plans for the construction or alteration of a structure that is to be used for a daycare facility shall be submitted to the City for review by the City Building official to determine compliance with the State Building Code. The facility shall also meet the following conditions: 1) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment of property values or constitute a blighting influence within a residential distance of the lot. There are no exterior changes to the building planned other than an exterior door and the addition of the Little Pony sign to the existing canopy. An outdoor play area will be added on the west side of the building. As a condition of approval, the applicant will need to provide a plan and the type of fencing to be approved by City staff. 2) The daycare facility shall be located in a portion of the building separated from the other uses located within the structure. The daycare and Hope Adoption Services are on separate floors. 2 Page 71 of 82 3 4 The daycare facility shall be adequately sound proofed to remove extraneous noise that would interfere with the daycare operation and would affect the health, safety and welfare of the daycare participants. Adequate sound proofing must also be provided to prevent disruptive noise generated by the daycare facility from interfering with the operation of the adjacent uses within the building. The construction of the building is such that the floors are sound- proofed. The city cleaning operation, with its equipment, was not an issue for the offices above. Internal and external site land use compatibility and sufficient peripheral area protection shall be provided by the daycare facility. There is adequate area surrounding this building from surrounding uses and residential neighborhoods. c. Screening. Where any outdoor recreational or play area for the daycare facility abuts any commercial or industrial use or zoned property, the play area shall be screened along all exposed perimeters. All of the required fencing and screening shall comply with the fencing and screening requirements in Section 401.15.E. of this Ordinance. The play area will he screened with wood fencing. All of the fencing will comply with Zoning Ordinance Standards. d. Parking. When a daycare facility is within a structure containing another principal use, each use shall be calculated separately for determining the total off street parking spaces required. Adequate parking will be provided as indicated below. e. Loading. One (1) off-street loading space in compliance with Section 401.15.F. of this Ordinance shall be provided. Adequate loading area is provided at the front of the building. f, Signage. All signing and informational or visual communication devices shall be in compliance with Section 401.15.G. of this Ordinance. The signage will be compatible as indicated below. g Conditional Use and State Regulations. Daycare group nursery facilities shall be subject to the regulations and procedures of Section 401.03 of this Ordinance and the minimum licensing requirements, as may be amended, of the Minnesota Department of Human Services. 3 Page72of82 The conditional use permit criteria, found in Section 401.03 of the Zoning Ordinance, has been reviewed and staff does not foresee any issues with the conditions specified. All licensing, as indicated by the Minnesota Department of Human Setvices, will be required. Parking. The site plan indicates a total of 57 parking spaces in the parking lot at the front of the building. Currently, no disability spaces are designated by striping or signage. At least two parking spaces at the front of the building, one of which is van accessible, will be required. The office and clinic parking requirements would apply for both Hope Adoption Services and the daycare. The gross square footage of the building is 7,900 square feet. The following parking requirement for this building would apply: 7,900 square feet X .9 7,110 200 36 3 39 parking stalls The building will have more than adequate parking for the daycare and office space. Signage. The signage plan that has been submitted with the application proposes the addition of the Little Pony logo on the existing canopy sign and inserting the logo and identification within the existing pylon sign. The total signage proposed is less than 100 square feet. Both signs, as proposed, are within the signage allowances specified in the Zoning ordinance. Lighting of the signage shall be in compliance with the Zoning Ordinance requirements. Outdoor Play Area The applicant shall be required to provide plans for an outdoor play area proposed west of the existing building. The play area wilt be enclosed with a wood fence. The site plan and proposed fencing shall be approved by City staff. Building Cole, The Building Official has been working with the applicant on all building requirements for the daycare facility. The building has a fire suppression system. The final building plans and remodeling shall be subject to review and approval of the Building Official. CONCLUSION/ RECOMMENDATION After reviewing the request and the criteria and conditions for a daycare /group nursery conditional use permit, staff recommends approval of the request for the Little Pony Preschool and Childcare at 5850 Omaha Avenue North. The recommendation is made with the following conditions: 1. A site plan for the outdoor play area, as well as details on fencing, shall be provided by the applicant subject to City staff review and approval. 2. Two disability accessible parking stalls, one of which is van accessible, shall be added to the front entrance of the building. 4 Page 73of82 3 A sign permit shall be approved by City staff prior to erection of any signs on the subject site. All signage shall be lit in conformance with the sign requirements of the Zoning ordinance. 4, All remodeling plans and building permits shall be subject to approval of the Building Official. 5. All required State licenses shall be obtained by the applicant and provided to the City prior to issuance of the occupancy permit. 5 Page 74 of 82 follows, to wit: and and request; and A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY PONY PRESCHOOL AND CHILDCARE FOR A CONDITIONAL USE PERMIT TO ALLOW A PRESCHOOL/DAYCARE OPERATION IN THE LOWER HALF OF THE BUILDING AT 5850 OMAHA AVENUE NORTH IN OAK PARK HEIGHTS SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Pony Preschool and Childcare for a conditional use permit to allow a preschool /daycare operation in the lower half of the building at 5 850 Omaha Avenue North in Oak Park Heights; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: 1. The real property affected by said application is legally described as SEE ATTAC11MENT A. 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject property is zoned B-2, General Business District in which group care and nurseries within multiple occupancy buildings is a listed conditional use; and y g p 4. City staff prepared a planning report dated April 2, 2008 reviewing the 5, City staff recommends in the April 2, 2008 planning report that the request be approved with conditions; and 6. The Planning Commission held a public hearing at their April 10, 2008 rneeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: Page 75 of 82 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION R ;COMMENDS TH E FOLLOWING: A. The application submitted by Pony Preschool and Childcare for a conditional use permit to allow a preschool /daycare operation in the lower half of the building at 5 850 Omaha Avenue North in Oak Park Heights and affecting the real property as follows: Be and the sane as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. A site plan for the outdoor play area, as well as details on fencing, shall be provided by the applicant subject to City staff review and approval. 2. One disability accessible parking stall, which is van accessible, shall be added to the front entrance of the building. 3. A sign permit shall be approved by City staff prior to erection of any signs on the subject site. All signage shall be lit in conformance with the sign requirements of the Zoning Ordinance. 4. All remodeling plans and building permits shall be subject to approval of the Building Official. 5. All required State licenses shall be obtained by the applicant and provided to the City prior to issuance of the occupancy permit. Recommended by the Planning Commission of the City of Oak Park Heights this 10th day of April 2008. ATTEST: SEE ATTACHMENT A Eric A. Johnson, City Administrator Michael Liljegren, Chair 2 Page 76 of 82 Attachment A Washington County GEO Code: 04.29.20.21.0085 Legal Description: Lot 1, Block 1, St. Croix Mali P.U.D., 2nd Addition g Physical Address: 5850 Omaha Ave. N. Page 77 of 82 ATTACHMENT B Conditional Use Permit Little Pony Pre School Child care 5850 Omaha Ave. N. Application Materials Application Form Fees Plan Sets Written Narrative and Graphic Materials Explaining Proposal Mailing List from Washington county (5OO from subject property) Proof of Ownership or Authorization to Proceed Property Tax Statement(s)/Legal Description(s) Planning commission Public Hearing Recommendation: April 10, 2008 Required Approvals: City Council 415 Conditional Use Permit Lapse of Approval: Unless the City Council specifically approves a different time when action is officially taken on the request, the conditional use permit shall become null and void twelve months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or use requested as part of the conditional use. An application to extend the approval of a conditional use permit shall be submitted to the Zoning Administrator not less than thirty (30) days before the expiration of said approval. (401.03.C.4.a and b) Page 78 of 82 RESOLUTION NO. CITY COUNCIL cm OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY PONY PRESCHOOL AND CHILDCARE FOR A CONDITIONAL USE PERMIT TO ALLOW A PRESCII40L /DAYCARE OPERATION IN THE LOWER HALF OF THE BUILDING AT 5850 OMAHA AVENUE NORTH IN OAK PARK HEIGHTS BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Pony Preschool and Childcare for a conditional use permit to allow a preschool /daycare operation in the lower half of the building at 5850 Omaha Avenue North in Oak Park Heights; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park makes the following findings of fact and resolution: 1, The real property affected by said application is legally described as follows, to wit: SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: and and SEE ATTACHMENT B 3. The subject property is zoned B-2, General Business District in which daycare and group nurseries within multiple occupancy buildings is a listed conditional use; and request; and 4. City staff prepared a planning report dated April 2, 2008 reviewing the 5. City staff recommends in the April 2, 2008 planning report that the request be approved with conditions; and 6. The Planning Commission held a public hearing at their April 10, 2008 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. Page 79of82 Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Pony Preschool and Childcare for a conditional use permit to allow a preschool /daycare operation in the lower half of the building at 5850 Omaha Avenue North in Oak Park Heights and affecting the real property as follows: 2008. ATTEST: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. A site plan for the outdoor play area, as well as details on fencing, shall be provided by the applicant subject to City staff review and approval. 2, One disability accessible parking stall, which is van accessible, shall be added to the front entrance of the building. 3. A sign permit shall be approved by City staff prior to erection of any signs on the subject site All signage shall be lit in conformance with the sign requirements of the Zoning Ordinance. 4. All remodeling plans and building permits shall be subject to approval of the Building official. 5. All required State licenses shall be obtained by the applicant and provided to the City prior to issuance of the occupancy permit. Approved City roved by the Cit Council of the City of Oak Park Heights this 22' day of April Eric A. Johnson, City Administrator David Beaudet, Mayor 2 Page 80 of 82 Attachment A Washington County GEO Code: 04.29.20.21 .0085 Legal Description: Lot 1, Block 1, St. Croix Mali P.U.L,, 2 Addition Physical Address: 5850 Omaha Ave. N. Page 81 of 82 ATTACHMENT B Conditional Use Permit Little Pony Pre School Child Care 5850 Omaha Ave. N. Application Materials Application Form Fees Plan Sets Written Narrative and Graphic Materials Explaining Proposal Mailin g List from Washington County (500' from subject property) Proof of Ownership or Authorization to Proceed Property Tax Statement(s)/Legal Description(s) Plannin g Commission Public Hearing Recommendation: April 10, 2008 Required Approvals: Cit y Council 4/5 Conditional Use Permit Lapse of Approval: Unless the City Council specifically approves a different time when action is officially t aken on the request, uest, the conditional use permit shall become null and void twelve (12) months after the date of approval, unless the property owner or applicant has substantially started the construction of any building, structure, addition or alteration, or u se requested p art of the conditional use. An application to extend the approval of a g as conditional use p ermit shall be submitted to the Zoning Administrator not less than thirty (8D days s before the expiration of said approval. (401.08. C.4.a and b) Page 82 of 82