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HomeMy WebLinkAboutPlanning Commission Resolution 521-97 . . . MOUNDS VIEW PLANNING COMMISSION 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 WHEkEAS, 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 3 5 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 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 shall 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 Edge wood Drive to a four-way, signalized intersection with Highway 10, it . 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.l.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 of200 feet. 1. 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 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. ~.~ Jerry P er~, Chairman ATTEST: rl~, ~1--. Pamela Sheldon, Community Development Director N:\DAT A\GROUPS\COMDEV\DEVCASES\499-97\CHILHOME.RES