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HomeMy WebLinkAbout2007-05-22 CC Meeting Packet EnclosureMeeting Date May 22, 2007 Time Required: _ Minutes Agenda Item Title: Little Victories Daycare — Conditional Use Permit -5595 Memorial Ave Agenda Placement New Business Originating Department/ questor ;Er . ahnson Cit Administrator Action Requested Background /Justification (P1 bodies have advised): Requester's Signature New Busiess Oak Park Heights Request for Council Action Please see the enclosed documents from City Planner Scott Richards. e indicate if any previous action has been taken or if other public 1. Planners Report dated 5/2/07 (no enclosures - ---see May Planning Packet) 2. Planning Commission Resolution (Unsigned) 3. Proposed City Council Final Resolution NORTHWEST ASSOCIATED N U .TANT5 I NC Attached for reference. 4800 Olson Memorial Highway, Suite 202., Golden Valley MN 55422 22 'x eft phon o: 76'3.231.2555 Fac im k : 763.231 .26 s plan rt r ( r c 4; la - fr g.. - ri PLANNING REPORT TO: Eric Johnson FROM: Carie Fuhrman /Scott Richards DATE: May 2, 2007 RE: Oak Park Heights — Little Victories Daycare Operation — Conditional Use Permit FILE: 798.02 -07.03 BACKGROUND Little Victories Daycare has applied for a conditional use permit to allow a daycare operation at 5595 Memorial Avenue North. The property is owned by Brooks & Whitcomb, LLC and is located at Lot 3, Block 1, Kern Center, 2nd Addition. The conditional use is necessary in that the Zoning Ordinance lists day care — group nurseries as a conditional use in the B -3 Zoning District. In June of 2006, the City Council approved a planned unit development and general and site plan review for the construction of two condominium office /warehouse buildings off of Memorial Avenue North. The proposed daycare facility will be located directly next to the newly - opening Rejuvenate Medi -Spa. Both businesses will be located in Building #1, which is the first of the two buildings to be constructed. Exhibit A — Site Plan (Al, dated 5/10/06) Exhibit B — Floor Plan Exhibit C — Signage Plan 1 Exhibit D — Signage Plan 11 ANALYSIS Business Details. Little Victories Daycare is proposed to be an hourly drop -off child care facility. Parents will be able to drop off their children for as little as one hour or as many as 90 hours a month. At capacity, the center will be licensed to accommodate 14 toddlers, ages 16 months to 33 months, and 30 children, ages 34 months to 12 years old. Staffing ratios are restricted to state licensing guidelines of 10 :1 for preschoolers and 7:1 for toddlers. The proposed hours of operation are: Monday through Friday: 8 :00 a.m. to 8:00 p.m. Saturday: 8:00 a.m. to 6:00 p.m. Sunday: Closed The applicants have stated that there is a potential for future hours in order to allow for parents to have a "date night," which might includes hours to 10:00 p.m. on both Friday and Saturday evenings. Zoning. The subject property is zoned B-3, Highway Business and Warehousing District, in which day cares are conditional uses. The proposed indoor portion of the daycare is 2,433 square feet. The proposed outdoor play area is 1,500 square feet. Daycare CUP Standards. (40'1.300.E.15.) a) Provisions are made to ensure compatibility with surrounding uses. The surrounding area is zoned B -3, Highway Business and Warehouse, b) Adequate area is provided within the plan for outdoor play areas. A 1 ,500 square foot area is proposed for the outdoor play area, which is proposed in the internal courtyard between the two buildings of the planned unit development. c) All fire codes as applicable are complied with. The Fire Marshall shall review the plans. d) All applicable state and local regulations pertaining to child care facilities are complied with. Staffing ratios are restricted to state licensing guidelines of 10:1 for preschoolers and 7:1 for toddlers. e) Adequate areas are provided for child drop -offs The common area between the spa and daycare will provide adequate area for child drop -off, f) Adequate analysis and provisions are made to resolve issues related to demand for services. No use shall be allowed that will exceed the City's ability to provide utility, police, fire, administrative or other services to the site. There shall be no City service issues with this request. 9) The provisions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. The CUP criteria has been reviewed and staff does not foresee any issues with the conditions specified. p Signage lan. The Signage Plan that has been submitted with the Conditional Use Permit application proposes the following: 2 1) One wall sign located above the southeast entrance of the building, to be four feet by three feet (eight feet by three feet total with both tenants, for a total of 24 square feet). Staff Comment: Twenty -four square feet is slightly Tess than what was approved with the P.U.D., which allowed for 32 square feet for each wall sign. 2) One freestanding sign with space for six tenants to advertise, including Little Victories. The following standards apply to freestanding signs for mixed use multiple occupancy buildings: • Maximum of one freestanding sign allowed per lot . Sign area may not exceed 100 square feet • Maximum height of 20 feet • Sign base shall be surrounded with a landscape planter at least three feet in height • Planter shall contain decorative shrubbery and/or flower materials O Sign base shall be constructed of materials to match the principal building According to a site visit conducted by staff, both signs have already been installed without first obtaining a permit, which is in violation of condition #2 of the resolution approving the planned unit development, concept and general plan, and site plan review for the construction of the two condominium office /warehouse buildings. Sign permits must be obtained for both signs on the subject site in order to verify consistency with Section 401.15.G of the Zoning Ordinance. Parking. The parking calculations for the office condominiums were based on the proposed 80 percent office use and 20 percent warehouse use. The parking plan, dated April 10, 2006, indicates 113 parking stalls, five of which are handicap accessible. The plan also demonstrates 22 foot wide drive aisles and 9 foot by 18 foot parking stalls. These standards meet the requirements that were laid out in the conditions of the P.U.C. and site plan approval. According to the Zoning Ordinance, day nurseries require four spaces plus one for each three beds for which accommodations are offered and one space designated for emergency vehicles. The provided parking will sufficiently address the needs of the proposed daycare facility. Fencing. The submitted floor plan indicates a proposed fence to be installed surrounding the outdoor play area. However, no details regarding this fence have been submitted. Fence details shall be submitted, including the height and materials to be utilized. Landscape Plan. The submitted floor plan indicates that the proposed outdoor play area will interfere with portions of the Landscape Plan, dated May 10, 2006, which 3 was submitted with the original P.U.D. Six of the red twigged dogwood potted shrubs were approved to be located in this area, in addition to a portion of an 18 by 18 foot patio area. This will require readjustment of the proposed patio and proposed potted p shrubs. This is subject to review and approval of the City Arborist. Grading Plan & Erosion Control Plan. The submitted floor plan indicates that the proposed outdoor play area will be located directly over the grass drainage swale in the internal courtyard. The drainage swale is indicated on the Grading and Erosion Control Plan, dated April 10, 2006, with the original P.U,D. application. This is subject to the review and approval of the City Engineer. CONCLUSION/RECOMMENDATION After reviewing the request and the criteria and conditions for day care conditional use permit approvals, staff recommends approval of the request for the Little Victories Day Care, The recommendation is made with the following conditions: 1) A sign permit shall be obtained prior to the erection of any signs on the subject site. 2) Sign permits must be obtained for both signs on the subject site in order to verify consistency with Section 401.15.G of the Zoning Ordinance. Indicate the total size of the freestanding sign as it differs from the sign details in the P.U.D, application on sheet number A -1. 3) Fence details shall be submitted, including materials to be utilized and height. 4) The proposed outdoor play area location is subject to the review and approval by the City Engineer as its location is directly over the grass drainage swale in the courtyard . 5) The proposed outdoor play area location is subject to review and approval by the City Arborist, due to its compromise of the original Landscape Plan. 6) The location of the 18 foot by 18 foot patio directly behind the proposed outdoor play area will need to be adjusted slightly towards Building #2. 7) The Fire Marshall shall review and approve the building plans. 8) The applicant shall provide to the City a copy of the State License prior to issuance of the occupancy permit, 9) One parking \stall shall be designated for emergency vehicles. 4 A RECOMMENDING RESOLUTION OF THE PLANNING COMMISSION CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESC)LUTION ESTABLISHING FINDINGS OF FACT AND RECOMMENDING TO THE CITY COUNCIL THAT THE REQUEST BY LITTLE VICTORIES DAYCARE FOR A CONDITIONAL USE PERMIT TO ALLOW A DAYCARE VVITHIN THE MEMORIAL OFFICE CONDOMINIUMS AT 5595 MEMORIAL AVENUE NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Little Victories Daycare for a conditional use permit to allow a daycare within the Memorial Office Condominiums at 5595 Memorial Avenue North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights makes the following findings of fact: follows, to wit: and and request; and 1. The real property affected by said application is legally described as SEE ATTACHMENT 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. General plan approval for the Planned Unit Development for the condominium office /warehouse buildings was approved by the City Council in June of 2006; and 4. The condominium office /warehouse building at 5595 Memorial Avenue North is constructed and ready for occupancy; and 5. The subject property is zoned B -3, Highway Business and Warehousing District in which daycare facilities are a conditional use; and 6. City staff prepared a planning report dated May 2, 2007 reviewing the 7. City staff recommends in the May 2, 2007 planning report that the request be approved with conditions; and 8. The Planning Commission held a public hearing at their May 10, 2007 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by Little Victories Daycare for a conditional use permit to allow a daycare within the Memorial Office Condominiums at 5595 Memorial Avenue North and affecting the real property as follows: Be and the same as hereby recommended to the City Council of the City of Oak Park Heights for approval with the following conditions: 1. A sign permit shall be obtained prior to the erection of any signs on the subject site 2. Sign permits must be obtained for existing signs on the subject site in order to verify consistency with Section 401.15.G of the Zoning Ordinance. The applicant shall indicate the total size of the freestanding sign as it differs from the sign details in the PUD application on sheet number A- 3. The outdoor play area location is subject to the review and approval by the City Engineer. 4. A revised landscape plan shall be provided for the site of the outdoor play area subject to review and approval of the City Arborist. 5. A revised site plan shall be provided indicating the new location of the patio area subject to review and approval of City staff. 6. The Fire Marshal shall review and approve the building plans. 7. The applicant shall provide to the City a copy of the State license prior to issuance of the occupancy permit. Recommended by the Planning Commission of the City of Oak Park Heights this 10 day of May 2007. ATTEST: SEE ATTACHMENT A Eric A. Johnson, City Administrator Michael Lit j egren, Chair 2 Attachment A Washington County GEO Code: 06.29.20.24.0005 Legal Description: Lot 3, Block 1, Kern Center 2nd Addition Physical Address: 5595 Memorial Ave. N. ATTACHMENT B Conditional Use Permit Little Victories Daycare — 5595 Memorial Ave. N. Application Materials • Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal 6 Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed • Property Tax Statement(s) /Legal Description(s) Planning Commission Public Hearing 8 Recommendation: May 10, 2007 Required Approvals: City council 4/5 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) follows, to wit: and and request; and RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISI3ING FINDINGS OF FACT AND RESOLiJTION OF THE CITY COUNCIL THAT THE REQUEST BY LITTLE VICTORIES DAYCARE FOR A CONDITIONAL USE PERMIT TO ALLOW A DAYCARE WITHIN THE MEMORIAL OFFICE CONDOMINIUI!!IS AT 5595 MEMORIAL AVENUE NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Little Victories Daycare for a conditional use permit to allow a daycare within the Memorial Office Condominiums at 5595 Memorial Avenue North; 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 Oak Park Heights makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as SEE ATTACHMENT 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. General plan approval for the Planned Unit Development for the condominium office /warehouse buildings was approved by the City Council in June of 2006; and 4. The condominium office /warehouse building at 5595 Memorial Avenue North is constructed and ready for occupancy; and 5. The subject property is zoned B-3, Highway Business and Warehousing District in which daycare facilities are a conditional use; and 6. City staff prepared a planning report dated May 2, 2007 reviewing the 7. City staff recommends in the May 2, 2007 planning report that the request be approved with conditions; and 8. The Planning Commission held a public hearing at their May 10, 2007 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved with conditions. 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 Little Victories Daycare for a conditional use permit to allow a daycare within the Memorial Office Condominiums at 5595 Memorial Avenue North and affecting the real property as follows: Be and the same as hereby approved by the City Council of the City of Oak Park Heights with the following conditions: 1. A sign permit shall be obtained prior to the erection of any signs on the subject site. 2. Sign permits must he obtained for existing signs on the subject site in order to verify consistency with Section 401.15.G of the Zoning Ordinance. The applicant shall indicate the total size of the freestanding sign as it differs from the sign details in the PUD application on sheet number . 3. The outdoor play area location is subject to the review and approval by the City Engineer. 4. A revised landscape plan shall be provided for the site of the outdoor play area subject to review and approval of the City Arborist. 5. A revised site plan shall be provided indicating the new location of the patio area subject to review and approval of City staff. 6. The Fire Marshal shall review and approve the building plans. 7. The applicant shall provide to the City a copy of the State license prior to issuance of the occupancy permit. 2007. ATTEST: SEE ATTACHMENT A Approved by the City Council of the City of Oak Park Heights this 22 day of May Eric A. Johnson, City Administrator David Beaudet, Mayor 2 Attachment A Washington County GEO Code: 06.29.29.24.0005 Legal Description: Lot 3, Block 1, Kern Center 2nd Addition Physical Address: 5595 Memorial Ave. N. ATTACHMENT B Conditional Use Permit Little Victories Daycare — 5595 Memorial Ave. N. Application Materials O Application Form • Fees • Plan Sets • Written Narrative and Graphic Materials Explaining Proposal • Mailing List from Washington County (500' from subject property) • Proof of Ownership or Authorization to Proceed O Property Tax Statement(s)/Legal Description(s) Planning Commission Public Nearing & Recommendation: May 10, 2007 Required Approvals: City Council 4/5 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 (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 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)