HomeMy WebLinkAbout08-06-1997 • PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Special Meeting
August 6, 1997
Mounds View City Hall
2410 Highway 10, Mounds View, MN 55112
1. Call to Order
The meeting was called to order by Chair Peterson at 7:05 p.m., August 6, 1997.
2. Roll Call
Members present: Chair Peterson; Commissioners Brooks, Miller, Obert, Johnston and
Stevenson.
Members absent: Commissioner Brasaemle had an excused absence.
111 Also present: Community Development Director Sheldon, Planning Associate Ericson,
City Council Liaison Koopmeiners, Recorder Dave Hix.
3. Citizen Requests and Comments on Items Not on the Agenda
There were no requests or comments considered.
Index to Minutes Page
Planning Case No. 490-97, 7720-7730 Silver Lake Road Minor 1
subdivision to two lots for existing duplex.
Planning Case No. 493-97, 7730 Edgewood Drive, Variance in 4
Side yard set back for shed.
Planning Case No. 499-97, 5394 Edgewood Drive, Conditional 6
use Permit for Day Care Center.
Special Project Case No. SP-017-97, Revision to Wetland 8
Zoning District.
Mounds View Planning Commission August 6, 1997
•
Regular Meeting Page 2
4.
Planning Case No. 490-97
7720-7730 Silver Lake Road
Applicants: Glenn and Ursula Karlen
Minor subdivision to two lots for existing duplex.
The applicants, Glenn and Ursula Karlen, were present.
Planning Associate Ericson gave the Commission Members a brief overview of the
applicant's request as follows: This minor subdivision creates two lots, one with 6,956
square feet with 35 feet of frontage on Silver Lake Road and the other with 8,734 square
feet and 55 feet wide at the street. Both lots are above the minimum lot size of 6,250
square feet for zero lot line developments. There are existing five-foot drainage and utility
easements around the perimeter of the existing lot. The applicants propose an additional
five feet of easement in the front and rear of both lots (ten feet total) as well as a five foot
utility easement where the utilities are buried on the south side of the lot.
• Planning Associate Ericson stated that the minimum square footage for total lot area
required by code is 12,500 feet. Even though this twin home was built before the current
regulations covering zero-lot-line developments were implemented, the property exceeds
the minimum lot area requirement with 15,690 total square feet for both parcels.
The applicants have provided a Certificate of Survey for the subject property located at
7720 and 7730 Silver Lake Road. There would be no physical changes associated with
this minor subdivision, other than allowing for either side to be purchased as an owner-
occupied unit.
Planning Associate Ericson told the Commission it is the staffs recommendation that the
Planning Commission adopt Resolution No. 516-97, a resolution recommending approval
of a minor subdivision for Glenn and Ursula Karlen of 7720/7730 Silver Lake Road, with
stipulations.
Planning Associate Ericson stated that there had been changes made to Resolution No.
516-97 and explained the changes as follows:
1. No. 2 under the stipulations, page 2, is that the common wall dividing the two
units shall conform to all required building and fire code specifications, and that
the City's building inspector inspect the wall prior to City Council action. If it is
deemed that there are code violations the applicant will be responsible for making
all improvements necessary prior to recording the Resolution and the Certificate of
• Survey.
Mounds View Planning Commission August 6, 1997
• Regular Meeting Page 3
2. The other change is to add a block of text regarding the easement document and a
signature block to the Certificate of Survey with the signatures for Glenn and
Ursula Karlen, the Mayor, and the City Administrator.
Planning Associate Ericson returned the floor to the Commission for questions and
comments.
Commissioner Miller questioned Item 5, part b, of the Resolution, and asked the
applicant if there would be enough room for two single family homes if both of the present
dwellings were burned or destroyed.
Planning Associate Ericson answered by saying "no" and explained that a variance
would be required if the existing dwellings were burned or destroyed.
Director Sheldon stated that the intent of the Resolution is if the dwellings are burned or
destroyed, and the property is redeveloped as single-family-independent units, the City
wanted to make sure and note that the developer would have to maintain the minimum lot
widths for single-family homes. She stated that some clarification might need to made by
the Resolution stating that if the property was burned or destroyed and redeveloped as
• twin homes, then the lot widths could prevail that now are in place.
Commissioner Johnston stated that Item 5b should be clarified to define more clearly the
City's intent for development of the property if it is burned or destroyed.
Director Sheldon suggested that the wording would be as follows: The individual lots
cannot be redeveloped as single-family homes unless they are replatted to meet the
minimum requirements.
Commissioner Stevenson questioned item 5d and asked if the Resolution was trying to
limit the coloration of the development
Commissioner Obert responded by saying that the intent was to ensure that the color
was uniform across the structure.
Commissioner Peterson stated that he noticed that the easements for the development
were all on one side whereas typically for a twin home the utilities were separate and came
in from different sides.
Director Sheldon stated that it was her assumption that that is where the utilities are
currently located.
• Mr. Karlen stated that that is where the utilities are currently located.
Mounds View Planning Commission August 6, 1997
• Regular Meeting Page 4
Director Sheldon suggested to the property owner that some kind of covenant be put in
place that would assure that the twin home on the north side not be cut off from the
utilities that are being provided on the south residence.
Director Sheldon stated that in consideration of the twin homes that Larry Beach has
developed that party walls were not included in the conditions of Resolution 516-97, but
are being left up to the property owner to prepare for the benefit of their potential buyers.
Director Sheldon asked if there were separate electrical panels in each of the units.
Mr. Karlen answered by saying, "There are separate electrical panels, separate water
shut-offs, separate water meters, everything is separate. And as far as party wall
agreements we [Karlens] do have to provide them for the people in order for them to get
mortgages."
Director Sheldon read the wording for Resolution 516-97, item 5b to the Commission as
follows: "If both dwelling units are burned or destroyed the individual lots cannot be
redeveloped with detached single-family homes unless the lots are replatted to meet the
minimum lot width for single-family homes." She further stated that the two lots could be
• put back together and used for one house.
Motion/second: Stevenson/Miller to recommend approval of Planning Commission Resolution
No. 516-97, a minor subdivision for Glenn and Ursula Karlen, 7720/7730 Silver Lake Road, with
stipulations as stated.
Ayes - 6 Nays - 0
Motion carried.
5.
Planning Case No. 493-97
7730 Edgewood Drive
Applicant: Annette Katzmarek
Variance in side yard setback for shed.
The applicant, Annette Katzmarek, was present.
Planning Associate Ericson gave the Commission a brief background on the application.
He stated that Annette Katzmarek was requesting a variance to locate a 96 square- foot
• shed in her side yard against her house at 7730 Edgewood Drive. The applicant is a day
Mounds View Planning Commission August 6, 1997
• Regular Meeting Page 5
care provider and feels that locating the shed outside of the fenced-in back yard would be
the best location due to safety and topographical considerations. At the proposed
location, the shed would be partially screened from view by the extension of the garage
area from the house. A site plan with the proposed location of the shed was given to the
Commission Members.
Planning Associate Ericson stated that the variance is being requested because the shed
will be up against the side of the house. The Code requires a six-foot setback.
Planning Associate Ericson stated it was the staffs recommendation that the
Commission approve Planning Commission Resolution No. 518-97 allowing for the
location of a shed within the six-foot setback from the house in the side yard of 7730
Edgewood Drive, subject to stipulations.
Commissioner Brooks asked the applicant to explain the intended use of the shed.
Ms. Katzmarek stated that the shed would be used to house tricycles, bicycles, wagons,
and scooters. She stated that the requested location would make it easier for the smaller
children to access their play equipment. The shed would be a "kit" bought from one of the
. local lumber yards.
Motion/second: Miller/Johnston to recommend approval of Resolution 518-97, approving a
variance to allow for a shed in the side yard of Annette Katzmarek, 7730 Edgewood Drive, within
the six-foot setback from the residence, with stipulations as stated.
Ayes - 5 Nays - 1 (Obert)
Motion carried.
Commissioner Obert stated that he was opposed to the variance because he felt the
ground that the shed was to be put on needed too much grading, as did the rest of the
back yard. Thus the shed could be put in a different place. He also cited that ordinances
were not meant to be continually varied.
6.
Planning Case No. 499-97
5394 Edgewood Drive
Applicant: Children's Home Society
Conditional Use Permit for Day Care Center.
•
Mounds View Planning Commission August 6, 1997
• Regular Meeting Page 6
The applicant, Children's Home Society, was present.
Director Sheldon told the Commission that the Children's Home Society was proposing
to operate a day care center in the Mounds View Community Center. The day care center
would provide care for up to 95 children, ages six weeks through kindergarten, with hours
from 6:30 a.m. to 6:00 p.m., Monday through Friday on a year round basis. When the
program reaches full capacity of 95 children, the number of full time staff members will be
19 people. Staff has received notification from the Minnesota Department of Human
Services that Children's Home Society has applied for the necessary license from that
agency.
Director Sheldon stated that it was the staffs recommendation to adopt Resolution No.
521-97, recommending approval of a conditional use permit for Children's Home Society
to operate a day care center at 5394 Edgewood Drive, with conditions.
Commissioner Johnston expressed his concern with the children crossing Edgewood to
play at the City Hall Park. He wanted it put in the record that a crosswalk and signage be
made a condition of the application approval.
Director Sheldon stated that the proposal would be sent forward from the Planning
.
Commission with a condition that would say that prior to operation of the day care center
a crosswalk shall be painted and signage installed.
Commissioner Peterson asked if the wording as stated by Sheldon could be used for
condition No.9.
Director Sheldon agreed that the wording could be used as condition No.9.
Commissioner Miller said that she noticed a kitchen in the project plan. She asked
where the children would be served food.
Children's Home Society stated that until the kitchen was completed a caterer would be
hired to bring in the food and the children would eat in the class rooms.
Director Sheldon stated that if the number of children in the facility ended up being 98
instead of 95 that the playground size requirement would have to be increased to 3,920
square feet. She also stated that under item 2, on page 3 of the Resolution, that there
would be access to a tot lot having at least 40 square feet per child.
Commissioner Miller stated the same be noted with items No. 1 and 2.
•
Mounds View Planning Commission August 6, 1997
• Regular Meeting Page 7
Director Sheldon asked the Commission to approve the wording as follows: "Shall show
a tot lot area of at least 40 square feet per child based on the number of children allowed
by the license issued by the Minnesota Health Department."
The Commissioners agreed that the wording was appropriate.
Director Sheldon added as a step to simplify the wording by saying that the Commission
is finding there is sufficient room to accommodate a tot lot which would provide 40
square feet per child up to the maximum number requested by the applicant and that the
actual amount of square footage will be based on the number of children that Children's
Home Society is licensed for.
The Commissioners agreed with the wording.
Commissioner Stevenson requested as part of the signage package that specific drop-off
points be identified for the loading and unloading of the children.
Motion/second: Stevenson/Miller to recommend approval of Resolution No. 521-97, for a
conditional use permit for Children's Home Society to operate a day care center at 5394
• Edgewood Drive, with conditions as stated.
Commissioner Stevenson asked Sheldon to review the conditions of approving the
Resolution, which she then did.
Commissioner Peterson called for approval of the motion.
Ayes - 6 Nays - 0
Motion carried.
8.
Special Project Case No. SP-017-97
Revision to Wetland Zoning District.
Director Sheldon directed the Commission's attention to the August 1, 1997 Memo that
was issued to all Commissioners at the beginning of the meeting regarding Wetland
Zoning Districts Section 1010 of the Mounds View Munincipal Codes.
•
Mounds View Planning Commission August 6, 1997
•
Regular Meeting Page 8
Staff is proposing changes to section 1010 by adding typical, minor construction projects
to the list of activities for which administrative authority is given for issuing permits and
by creating two types of permits: a wetland alteration permit and a wetland buffer permit
to eliminate confusion.
Staff is suggesting that building additions and impervious surfaces which are 1264 square
feet in size or less, and additions to detached garages, accessory buildings and driveways
which do not require a conditional use permit be added to this list of projects that Staff
can approve administratively. This would simplify the process for homeowners who want
to add porches, decks, patios and room additions.
Director Sheldon stated it is the staffs recommendation to adopt Resolution No. 520-97,
recommending approval of the revision to the Wetland Zoning District.
Commissioner Miller requested that on page 7, item 2, of the proposed ordinance, the
number 864 be changed to read 1264 to be consistent with the square footage as stated in
item 6, page 7.
Director Sheldon stated that the criteria for the wetland permits has been reorganized
into four categories instead of 21.
•
Commissioner Johnston asked if the Corp of Engineers was involved with the wetland
issues that were under discussion.
Director Sheldon stated that the Corp of Engineers as well as the DNR had authority
within the wetland but not the wetland buffer.
The Commissioners offered various proofreading changes that needed to be made to
Ordinance No. 602. These changes were noted by Director Sheldon.
Motion/second: Peterson/Obert to adopt Resolution No. 520-97, recommending approval of the
revision to the Wetland Zoning district, as amended and corrected.
Ayes - 6 Nays - 0
Motion carried.
9. STAFF REPORTS/INFORMATION ITEMS
Director Sheldon gave the Commission members the results of a survey that was
• conducted with other cities in regards to their leash laws. Five of the cities had leash laws
Mounds View Planning Commission August 6, 1997
• Regular Meeting Page 9
for cats. A certain number of communities address dogs only and certain communities
require both cats and dogs to be licensed.
Director Sheldon also handed out the Code interpretation for estate auctions.
Development Director Sheldon stated that there might have been a misunderstanding
between the City and Mr. Ostrander in regards to the correct measurement of newly
planted trees; whether it be from the bottom of the rootball to the top of the tree or from
the top of the rootball to the top of the tree. Sheldon asked the Commission for their
opinion on whether or not the Mr. Ostrander of Spot's Quik Lube should be made to dig
up all of the planted trees because they are too short.
Commissioner Obert stated he was opposed to have the trees dug up.
Commissioner Miller agreed with Obert.
Director Sheldon stated that the City would write Ostrander a letter telling him that he
needed to mulch and water the trees.
• Director Sheldon stated that the Highway 10 Design Theme has received eight proposals.
Staff is requesting a joint meeting between the Planning Commission and the Economic
Development Commission to help in selecting the consultant. The meeting is scheduled
for August 13, 1997 and volunteers are being sought from the Planning Commission.
Commissioners Miller, Brooks, Stevenson, and Peterson volunteered.
Director Sheldon reported on the Edgewood Drive/Highway 10 intersection. She stated
that the consultant has finished the signal sequencing information as was requested by
MNDOT using the existing highway configuration and the present traffic. This
information has shown that the scquencing fits and formal application is underway with
the State.
Director Sheldon told the Commission that at the City Council Meeting held August 4,
1997 the City discussed entering into an exclusive negotiating agreement with Anthony
Properties over the property between Edgewood and the wetland as part of the Bel Rae
TIF District.
Director Sheldon stated that D.W. Jones has submitted their development plan, which is
the second step of the PUD process. The project will be brought before the Planning
Commissioners at the August 20, 1997 meeting. It is the staffs opinion that the project
will be ready for discussion but not for approval.
Mounds View Planning Commission August 6, 1997
411 Regular Meeting Page 10
10. CHAIRPERSON AND PLANNING COMMISSION REPORTS
There were no reports to consider from the Chair or the Commissioners.
11. ADJOURNMENT TO THE AGENDA SESSION
Chair Peterson adjourned the regular meeting at 9:00 p.m.
(The agenda session was held immediately following adjournment of the regular session.)
Respectfully submitted,
James Ericson
Planning Associate
•
•
MOUNDS VIEW PLANNING COMIVIISSION
• RESOLUTION NO. 516-97
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A MINOR SUBDIVISION FOR
GLENN AND URSULA KARLEN,PROPERTY OWNERS OF 7720 AND 7730
SILVER LAKE ROAD; MOUNDS VIEW PLANNING CASE 490-97
WHEREAS, Glenn and Ursula Karlen have requested approval of a zero-lot line minor
subdivision of 7720/7730 Silver Lake Road, property zoned R-2, Single and Two-Family
Residential District;and,
WHEREAS,the legal description of 7720/7730 Silver Lake Road is currently(prior to the
proposed subdivision)as follows:
Lot 1,Block 1,Kan en's Addition .
WHEREAS, on June 4, 1997,the Planning Commission approved Resolution 510-97,
i approving a variance in minimum lot width from 50 feet to 34 feet for 7730 Silver Lake Road; and,
WHEREAS, the Planning Commission has reviewed the following documents associated
with this request:
1. Certificate of Survey, dated 6/13/97
2. Planning Application, dated 6/13/97
3. Letter from the Applicant
4. Receipt of Previous Park Dedication Payment, dated 8/16/78
5. Certificate of Title
WHEREAS, City staff has reviewed the applicants' request for a minor subdivision and
determined that it is in conformance with Chapters 1201, 1202, 1104 and 1204 of the municipal
Code; and
WHEREAS,thea applicants has submitted tted a certificate of survey for the property.
NOW, THEREFORE,BE IT RESOLVED that the Mounds View Planning Commission
recommends approval of the minor subdivision request from Glenn and Ursula Karlen, with the
following stipulations:
1. The applicants shall execute a drainage and utilityeasement document prior to the
City Council's action on this item.
Planning Commission Resolution No. 516-97
Karlen Minor Subdivision Request
• August 6, 1997
Page 2
2. The common wall dividing the two dwelling units shall conform to all required
building and fire code specifications and shall be subject to an inspection by the
City's building inspector prior to City Council action on this request. If said wall
does not meet applicable codes, the applicant shall be responsible for making all
necessary improvements before the signing and recordation of the resolution and
certificate of survey takes place.
3. The applicant shall revise the Certificate of Survey to include the following text
and provide revised copies to the Community Development Department prior to
recordation:
A separate drainage and utility easement document
(Document No. )has been recorded with
Ramsey County on the day of , 1997.
and
This minor subdivision is approved b :
PP Y
Glenn Karlen, Owner
411(
Ursula Karlen, Owner
Duane McCarty,Mayor
Charles Whiting, City Clerk/Administrator
, , ..
4. The applicant shall record the final resolution,revised Certificate of Survey, and
drainage and utility easement documents with Ramsey County within sixty(60)
days of final adoption, and present proof of such recording to the City of Mounds
View, or this approval shall be null and void.
5. The applicant shall include the following restrictions in the deeds of the two
parcels and as part of the easement documents :
a. If one dwelling unit is burned or destroyed, it shall be reconstructed in a
• uniform appearance.
Planning Commission Resolution No. 516-97
Karlen Minor Subdivision Request
• August 6, 1997
Page 3
b. If both dwelling units are burned or destroyed, the individual lots cannot be
redeveloped with detached single family homes unless the lots are replatted
to meet the minimum lot width for single family homes.
c. A double dwelling unit may be rebuilt meeting the original conditions of
this code.
d. A uniform exterior appearance, in terms of color, design and maintenance,
shall be maintained.
BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff
to forward this resolution to the City Council prior to approval of the minutes.
Adopted this 6th day of August, 1997.
i) ,.......— I
Jerry Pet o , Chairman
• ATTEST:
Pit4U,LL ..P/LubLe-y .
Pamela Sheldon, Community Development Director
(SEAL)
N:\DATA\GROUPS\COMDEV\DEVCASESW90-971{ARLENPC.REs
•
• MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 518-97
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A SHED IN THE SIDE
YARD OF 7730 EDGEWOOD DRIVE WITHIN THE SIX-FOOT SETBACK FROM THE
RESIDENCE; PLANNING CASE NO. 493-97
WHEREAS, the Mounds View Planning Commission has reviewed the request of
Annette Katzmarek, residing at 7730 Edgewood Drive; and,
WHEREAS, this property is zoned R-1, Single Family Residential District and is legally
described as:
Lot 2, Block 4, Greenfield Ponds,
Ramsey County, State of Minnesota
WHEREAS, the Planning Commission has reviewed the following documents associated
with this request:
•
1. Planning Application
lication
2. Zoning Map
3. Site Plan
4. Letter from Applicant
WHEREAS, the applicant requests the variance to locate a shed in the side yard against
the applicant's house for safety and topographical considerations; and,
WHEREAS, special conditions or circumstances do not result from the actions of the
• • " •" • • - • - yi •.1 • • o ••i s e oca ion o an accessory •wilding without
regrading or minor excavation; and,
WHEREAS, granting the variance requested will not confer on the applicants any special
privilege that is denied by this Title to owners of other lands, structures or buildings in the same
district in that the benefits of sheds and other accessory buildings are often desired by home
owners and the placement of such buildings in side and rear yards is a typical improvement in
single family districts; and,
WHEREAS, the variance requested is the minimum variance which would alleviate the
hardship in that approving the variance for less than the six feet would leave a difficult to maintain
. narrow strip of yard between the house and shed and would push the shed into the side yard
setback; and,
Planning Commission Resolution 518-97
• Katzmarek Variance
July 16, 1997
Page 2
WHEREAS, the variance would not be materially detrimental to the purpose of this Title
or to other properties in the same zone in that accessory buildings are allowed as a use in side
yards; and,
WHEREAS, the proposed variance will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood in that the distance of the shed from the adjoining property line will be
maximized by locating the shed against the side of the house.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission
acting as the Board of Adjustment and Appeals approves the variance request of Annette
Katzmarek, residing at 7730 Edgewood Drive, with the following conditions:
1. A notation will be added to the building permit application for the shed that states,
"The applicant shall be responsible for ensuring that the shed meets all Fire Code
• standards for accessory buildings located closer than six feet to another structure,
as deemed acceptable by the City's building inspector."
2. This variance shall become null and void if the work for which the variance was
granted is not completed within one year from the date of approval. An extension
may be requested in writing at least thirty(30) days before the expiration of the
original variance.
Adopted this 6th day of August, 1997
Jerry P ers• airman
ATTEST
9)L/rIttit-,6—
Pamela Sheldon,
Community Development Director
(SEAL)
• NADATA\GROUPS\COMDEV\DEVCASEM493-97\SHED-VA .RES
MOUNDS VIEW PLANNING COMMISSION
III RESOLUTION NO.520-97
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF ORDINANCE NO.602 RELATED TO
WETLAND ZONING REGULATIONS,AND AMENDING TITLE 1000,CHAPTER 1010,
SECTIONS 1010.07,1010.08 and 1010.09; PLANNING CASE NO.SP-017-97.
WHEREAS,the Mounds View Municipal Code includes Title 1000 which establishes Wetland
Zoning Regulations; and,
WHEREAS,the Wetland Zoning Regulations provide for the issuance of wetland alteration
permits where development is anticipated in areas designated as wetlands and areas designated as
wetland buffer,if certain criteria are met; and,
WHEREAS,the use of the term wetland alteration permits for both wetlands and wetland
buffer areas is confusing and misleading to the general public,when work is expected only in the
wetland buffer; and,
WHEREAS,the Wetland Zoning Regulations provide for administrative approval of minor
construction projects; and,
• WHEREAS,it is desirable to add to this list of minor construction projects which may be
handled by administrative approval in order to expedite review and action on typical property owner
improvements, for which only a building permit is needed otherwise; and,
WHEREAS,the criteria for review of such minor construction projects will assure that issues
of drainage and protection of wetlands are addressed.
NOW,THEREFORE,BE IT RESOLVED,that the Mounds View Planning Commission does
hereby recommend that the Mounds View City Council adopt Ordinance No. 602 related to Wetland
Zoning Regulations, and Amending Title 1000, Chapter 1010, Sections 1010.07, 1010.08 and 1010.09.
BE IT FURTHER RESOLVED that the Planning Commission directs Staff to forward this
resolution to the City Council prior to approval of the minutes.
Adopted this 6th day of August, 1997.
Jerry Pe onLt
, hairperson
ATTEST:
Pam la Sheldon, Community Development Director
(SEAL)
• N:\DATA\GROUPS1COMDMSPECPROJ SP017.97\WETLAND.REs
. MOUNDS VIEW PLANNING COMIVIISSION
RESOLUTION NO. 521-97
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT
FOR CHILDREN'S HOME SOCIETY TO OPERATE A DAY CARE CENTER AT 5394
EDGEWOOD DRIVE; PLANNING CASE NO. 499-97
WHEREAS, the Children's Home Society has applied for a conditional use permit to
operate a day care center at 5394 Edgewood Drive, which property is zoned B-3 and is legally
described as:
SUBJECT TO EASEMENTS AND EXCLUDING THE EAST 66 FEET, THE
NORTH 300 FEET OF LOT 16 AND ALL OF LOTS 19 THRU 22, BLOCK 5,
PINEWOOD TERRACE NO. 2
WHEREAS, the Mounds View Zoning Code allows day care centers in the B-3 zoning
district, with approval of a conditional use permit; and,
WHEREAS, the Planning Commission has reviewed the following documents regarding
this proposal:
1. Planning Application
2. Zoning Map
3. Site Plan(separate blueprint)
4. Floorplan(separate blueprint)
WHEREAS, the Planning Commission makes the following findings with respect to the
criteria applicable to the approval of a conditional use permit for a day care center:
a. No overnight facilities are provided for the children served. Children are
delivered and removed daily.
Hours are expected to be from 6:30 AM to 6:00 PM, Monday through Friday on a year
round basis. No overnight stays are expected.
b. The front yard depth shall be a minimum of thirty five feet(35').
The existing front yard between the Community Center building and Edgewood Drive is
50 feet, which exceeds the requirement of 35 feet.
Resolution 521-97
• CUP for Children's Home Society
August 6, 1997
Page 2
c. Not less than forty(40)square feet of outside play space per child be
provided and that such space be suitably fenced and/or screened in
accordance with conditions as specified by the City Council.
The applicant is proposing a fenced tot lot on the north side of the Community Center.
building. There is sufficient room at this location to accommodate a tot lot meeting the
requirement for 40 square feet per child with the maximum number of children permitted
under this permit at 98 children. A condition has been included that requires a tot lot be in
place meeting the required space ratio during the life of the permit. In addition, a
condition has been included to address the temporary use of the playground in City Hall
Park for the first year of operation until site grading for the community center is
completed.
d. Adequate off-street parking and access is provided in compliance with •
Chapter 1121 of this Title.
The Mounds View Zoning Code includes a parking requirement for day schools at one
space for each child, plus 1 additional space for each classroom. An analysis of parking
111, requirements has been included on the site plan for the Mounds View Community Center,
where the Children's Home Society day care center will be located. This analysis shows
20 spaces for the day care center. The number is consistent with the parking ratio
required. (98 children/7 children per space= 14; 1 space per classroom=6 spaces;total
required=20 spaces). The infant, toddler and transition room have been counted as
classrooms.
e. Adequate off-street loading and service entrances are provided in compliance
with Chapter 1122 of this Title.
Chapter 1122 includes a schedule of off-street loading requirements based on the type of
use proposed. Day care centers are not included as a use requiring loading berths, and
therefore no requirement applies to this proposal.
f. The site and related parking and service entrances chat'be served by an
arterial or collector street of sufficient capacity to accommodate the traffic
which will be generated.
The Mounds View Zoning Code does not indicate what measure shall be used to
determine if a street providing access to a day care center is a collector or arterial street.
Given the activity levels associated with City Hall and the former Bel Rae Ballroom, the
activity levels expected at the Mounds View Community Center, and the anticipated
connection of Edgewood Drive to a four-way, signalized intersection with Highway 10, it
le Resolution 521-97
CUP for Children's Home Society
August 6, 1997
Page 3
is Planning Commission's finding that Edgewood Drive in this location is functioning as a
collector street and therefore provides adequate access to the proposed day care center
without any significant disruption to surrounding residential neighborhoods. Edgewood
Drive is classified as a local street in the Mounds View Comprehensive Plan. Planning
Commission does not regard this classification as consistent with the way the street is
function and recommends that this classification be revised. A condition of approval has
been included that a Comprehensive Plan amendment be initiated to change the
classification for Edgewood Drive from a local street to a collector street.
g. All signing and informational or visual communication devices shall be in
compliance with the Mounds View Sign Code.
A condition of approval has been included which requires any signage proposal be in
accordance with the Mounds View Sign Code, and with any overall sign package for the
Community Center established by the City of Mounds View.
h. The distance between any outdoor play yard for a day care center or group
nursery and the Highway 10 right-of-way line shall be a minimum of 200
feet,except as provided in Section 1123.02 Subd.1.c.
It is approximately 550 feet between the play yard and the closest point along the
Highway 10 right-of-way, which exceeds the minimum distance of 200 feet.
i. No day care center or group nursery shall be permitted where the distance
from the property line for the day care center or group nursery to a premise
requiring a liquor license,as provided in Section 502 of the Municipal Code,
or a license for an adult establishment,as provided in Section 513 of the
Municipal Code,is five hundred(500)feet or less,except that the 500 foot
requirement shall not apply to any liquor establishment receiving at least
sixty percent of its annual gross sales revenue from the sale of food.
There are no businesses holding a license for adult businesses or liquor within 500 feet of
this property.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Planning Commission
recommends approval of a conditional use permit for a day care center for up to 98 children, to be
operated by the Children's Home Society at 5394 Edgewood Drive, with the following
conditions:
1. The applicant provide an outdoor play area of at least 40 square feet per child during the
1111 life of this permit, based on the#of children allowed by the license issue by the Minnesota
Department of Human Services, except as provided in Condition#2.
Resolution 521-97
CUP for Children's Home Society
August 6, 1997
Page 4
2. During the first year of operation(August 1997-August 1998), the applicant may use an
alternative playground facility in City Hall Park to meet the requirement for an outdoor
play area, due to phasing of the site grading where the day care center is to be located.
Prior to operation of the day care center, the applicant shall provide to the City evidence
of liability insurance in an amount acceptable to the City Attorney, which shall include
provisions for holding the City harmless for any claims resulting from use of City Hall
Park as an alternative playground facility.
3. Hours of operation shall not exceed 6:00 AM to 8:00 PM, Monday through Friday on a
year round basis.
4. No overnight stays of children shall be permitted, except in cases where a child needs to
be housed overnight on an emergency basis in order to prevent an immediate threat to the
child's health or safety. Offering such overnight care on a continuing basis is not
contemplated by this approval, and requires approval of an amendment to this permit.
Adequate staff shall be in residence if children are being housed overnight for emergency
care.
5. Twenty parking spaces shall be made available to the day care center as part of the overall
parking plan for the Mounds View Community Center. The spaces shown for short term
drop-off parking shall not be counted toward the twenty required spaces.
6. An amendment to the Mounds View Comprehensive Plan shall be initiated by the property
owner of the Community Center which would revise the functional classification for
Edgewood Drive from being a local street to a collector street.
7. Any signage proposed shall be in accordance with the Mounds View Sign Code, and with
any overall sign package for the Community Center established by the City of Mounds
View.
8. Prior to operation of the day care center,the applicant shall obtain all required local and
State licenses and shall receive a use and occupancy permit from the Mounds View
Building Official. A temporary use and occupancy permit may be issued if so approved by
the Building Official. The actual number of children permitted to be served shall be
determined by the license issued by the Minnesota Department of Human Services.
9. Prior to operation of the day care center, the Director of Public Works shall evaluate
whether it is feasible to install a crosswalk and signage to designate a crossing point across
• Edgewood Drive from the Mounds View Community Center to City Hall Park. If a
crosswalk and signage is feasible, it shall be installed within two weeks of commencement
Resolution 521-97
CUP for Children's Home Society
August 6, 1997
Page 5
of operations of the day care center.
10. The applicant shall submit a proposal for signage designating the short term parking area
along Edgewood, across from the entrance to the day care center, to assure that it remains
available for dropping off and picking up children and is not used for long term parking.
The applicant shall work in cooperation with the City of Mounds View to have the
signage installed at the time the day care center begins operation. If permanent signage is
not feasible at the time of initial occupancy, arrangements for temporary signage shall be
made by the applicant, working in cooperation with the City. Temporary signage shall be
replaced within 30 days from the date of initial occupancy.
BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this
resolution to the City Council prior to approval of the minutes.
Adopted this 6th day of August, 1997.
• P�
Jerry Pers Chairman
ATTEST: AALd-161-------
Pamela Sheldon, Community Development Director
N:(DATA\GROUPSCOMDEV\DEVCASESW99-971CHILHOME.REs
S