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HomeMy WebLinkAbout2012-02-15 PACKET 04.F.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # ZI DATE 2/15/12 PREPARED BY Community Development John M. Burbank ORIGINATING DEPARTMENT STAFF AUTHOR ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COUNCIL ACTION REQUEST Consider approving an amendment to the existing Historic Places Conditional Use Permit (HPCUP) at Cedarhurst Mansion, 6940 Keats Avenue, to allow for the operation of a licenced adult day services center in addition to the current allowed uses. STAFF RECOMMENDATION Adopt the resolution approving the amendment to Cedarhurst Mansion's HPCUP. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED ® PLANNING 1/23/12 ❑ ® ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: ® MEMO /LETTER: Memo from John M. Burbank dated 2/8/12 Letter from Mary Marty and Art Uttech dated 1/23/12 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved minutes of the 1/23/12 Planning Commission meeting ADMINISTRATOR'S COMMENTS r An a ll o jj.�, City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: February 8, 2012 RE: Cedarhurst Adult Daycare Introduction The City Council is requested to consider approving an application for an amendment to the ex- isting Historic Places Conditional Use Permit (HPCUP) at Cedarhurst Mansion to allow for the operation of a licensed Adult Day Service Center in addition to the current allowed uses at the property located 6940 Keats Avenue South. Planning Commission The Planning Commission held the public hearing on this application at their meeting on Jan- uary 23, 2012. Public testimony in opposition to the application was received from one of the adjacent land owners. A copy of the letter from the landowner that was submitted in conjunction with her testimony is attached, in addition to an excerpt from the Planning Commission meeting minutes. The Commission unanimously recommended approval of the application subject to the conditions stipulated in the Planning Staff Report. Honorable Mayor, City Council, and Ryan Schroeder Cedarhurst Adult Daycare February 8, 2012 Page 2 of 5 •', • • The property is listed on the City and National Historic Registers. The current HPCUP, which was approved in Resolution No. 01 -198, allows for limited commercial ventures to be conducted at the property. The conditioned uses include: weddings, banquets, receptions, conferences, exhibitions, and tours. The permit also allows for the licensed sale of liquor in conjunction with the above uses. That resolution is attached to this report. Since the issuance of the HPCUP, no operational issues have been brought to the City's attention. Background — Proposed Use The proposed use as an Adult Day Care Service Center would be in addition to the current permit- ted uses. The proposed hours of operation are from 8:00 a.m. to 4:00 p.m., Monday through Fri- day. The Applicant is seeking a license that will allow up to 50 participants a day at the facility. Final licensed participant numbers are determined by the State during the final application process. Adult Day Care Service Centers are regulated by the Minnesota Department of Human Services. The definition of an Adult Day Service Center is listed as State Rule #223 on the agency's website and is identified as follows: Adult Day Services Center License (Rule 223) Adult day services mean a program operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services includ- ing health services, social services, and nutritional services that are directed at main- taining or improving the participants' capabilities for self -care. The 2011 State Statute defines adult daycare as follows: 62S.01 Subd. 4. Adult day care. "Adult day care" means a program for six or more individuals of social and health - related services provided during the day in a community group setting for the pur- pose of supporting frail, impaired elderly, or other disabled adults who can benefit from care in a group setting outside the home. The State Statutes that govern the use are 245 -A and 245 -C and Rule 223. Participants in the facility must be over 18 years of age. The State Statue defines Functional Impairment as follows: 245A.02 Subd.02.Functional impairment. For the purposes of adult day care, adult day services, family adult day ser- vices, or adult foster care, "functional impairment" means: (1) a condition that is characterized by substantial difficulty in carrying out one or more of the essential major activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working; or Honorable Mayor, City Council, and Ryan Schroeder Cedarhurst Adult Daycare February 8, 2012 Page 3 of 5 (2) a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life and that requires support to maintain independence in the community. The Licensing staff at the State was contacted and provided the following information: • Staffing ratios are regulated by the State's determination of a participant's physical ability to self- egress the site in an emergency. • Typical staffing ratios are one staff per five participants but can be as low as one staff per eight participants. • The license will dictate staffing requirements. • The licensing requirements include scheduled visits by a Health Nurse, Physical The- rapist, and Dietician to look after the interests of the participants. • The average number of participants in similar facilities located throughout the State is be- tween 20 and 50 people. • The average operating hours of these same facilities are between the hours of 7:00 a.m. to 6:00 p.m. • The staff at Adult Day Service Centers are subject to background checks. • Additional inspections involved with licensing approval are required from the local Build- ing Official, Fire Marshal, and County Health Department. • 24 -hour operations require different licensure and are subject to different standards than the proposed use. Planning Considerations Property Characteristics The property is located within of the Metropolitan Urban Service Area (MUSA). The 10 -acre site is located between the intersections of Keats Avenue with Military Road and 70th Street. The peri- meter of the site is encompassed with a hedge of mature lilacs. There are several existing acces- sory structures on the site that will not be utilized for the proposed use. Land Use and Zoning The property is guided for Commercial. The current zoning on the property is Agricultural Preser- vation (AGA ). The proposed use of the property is consistent with permitted and conditioned uses allowed within this district and as regulated on designated historic properties meeting the performance standards identified in Title 11- 9H -4(3). Hours of Operation The applicant has indicated that the hours of business operation would be 8:00 a.m. to 4:00 p.m. Monday through Friday. Based on the information from the state, the operation hours from 7:00 a.m. to 6:00 p.m. could be supported, as it may help with trip dispersal timing. Honorable Mayor, City Council, and Ryan Schroeder Cedarhurst Adult Daycare February 8, 2012 Page 4 of 5 Waste The waste from the proposed use would be handled the same as it is for the current limited com- mercial uses. Noise The majority of the proposed use will be conducted inside, and noise is not anticipated to be an issue. Standard City noise ordinance standards would be applicable. Rest Rooms Rest room facilities shall be provided as directed by the Cottage Grove Building Division and the Washington County Health Department. Screening As indicated earlier, there currently is a mature lilac hedge around the perimeter of the site that screens the property. It is recommended that any fencing that may be utilized on the site be re- viewed and approved by the City Historic Preservation Officer prior to installation. Parking The parcel is of sufficient size to accommodate the anticipated parking needs for the proposed use. Any parking improvements completed on the site shall not negatively impact the drainage of the site or adjacent properties. The final parking design will be required to be reviewed by the Planning staff. Traffic If the proposed use is licensed for up to 50 participants as requested, the traffic generation calcula- tion for the proposal is estimated to be 130 trips per day. This analysis factors in 10 staff members, 50 pick -ups and drop -offs, and a residential background traffic generation of 10 trips per day. Based on the commercial land use designation, the location of the property on minor arterial road- ways, and the proximity in relation to adjacent land uses, the anticipated traffic generation should not be an issue. Setbacks Setbacks are not applicable to the proposed use. Conditional Use Standards In addition to meeting the performance standards required in Title 11- 91-1-4.3 of the ordinance, the Planning Commission must review the application for conformance with the following criteria es- tablished in City Code Title 11 -2 -917. 11 -2 -9 F. Criteria for Issuance of Permit: 1. The use will be in conformity with the City's Comprehensive Plan and with the pur- pose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. Honorable Mayor, City Council, and Ryan Schroeder Cedarhurst Adult Daycare February 8, 2012 Page 5 of 5 4. The use shall not be hazardous, detrimental or disturbing to present and potential sur- rounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vi- bration, general unsightliness or other nuisances. 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transportation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the ad- joining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic fea- tures into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. Based on the information presented, it is apparent that the proposed use could satisfy the condi- tions required for issuing a conditional use permit. Operation of the use in a manner contrary to the conditions could require additional review of the conditional use permit by the City Council. Public Hearing Notices The notice announcing this public hearing was published in the South Washington County Bul- letin and mailed to 31 property owners within 500 feet of the property on January 11, 2012. Summary The HPCUP regulations were created by the City as a way in which to allow for owners of larger historic property owners to utilize adaptive re -uses of their property in a way that can positively influence and offset the operational costs of maintaining the historic property within the commu- nity. The proposed use meets the criteria. • _ • _ 0 , That the City Council approve of an amendment to the existing Historic Places Conditional Use Permit (Resolution No. 01 -198) to allow for the operation of a licensed Adult Day Service Center in addition to the current uses conditionally allowed at the Historic Cedarhurst Mansion located 6940 Keats Avenue, subject to conditions listed in the attached draft resolution. RESOLUTION NO. 01-198 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LIMITED COMMERCIAL VENTURES CONDUCTED AT AN HISTORIC PROPERTY LOCATED AT 6940 KEATS AVENUE SOUTH WHEREAS, Xoua Thao, dba Cedarhurst, Inc., has made application for a conditional use permit for limited commercial ventures conducted at an historic property. The property is legally described as: Tract "A" of Registered Land Survey No. 63, except the South 436.6 feet of the West 300 feet of said Tract "A ", according to the plat thereof on file and of record in the office of the Registrar of Titles of Washington County, Minnesota, subject to easements, restrictions, and reservations of record, together with an easement for the underground drainage of sewage through underground pipes, lines, and disposal facilities lying under the East One Hundred Forty -five (E145) feet of the South Forty (S40) feet of the North Two Hundred Ten (N210) feet of said south 436.6 feet of the West 300.00 feet of said Tract "A" of Registered Land Survey No. 63, said easement to continue until the existing underground pipes, lines, and disposal facilities require repair, and then terminating. Commonly known as 6940 Keats Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on November 26, 2001; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request was prepared and presented; and WHEREAS, testimony from the applicant was received and entered into the public record; and WHEREAS, a resident expressed concern over the potential impacts to neighboring - properties, and Resolution No. 01 -198 Page 2 _ WHEREAS, the Planning Commission discussed the application and recommended that the permit be for one year so that the City may review site operations, and WHEREAS, the Planning Commission felt it was not necessary to limit the amount of events held at the premises, and WHEREAS, the Planning Commission approved the conditional use permit application on an 8 -to -1 vote. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the conditional use permit for limited com- mercial ventures conducted at an historic, property, located on the property legally described above (commonly known as 6940 Keats Avenue South), subject to the following conditions: 1. The permit is valid for one year from City Council review. The applicant shall re- apply and have city review before the one -year period is over. Additional conditions or a change in conditions may be determined at that time, depending upon the operation experience of the Cedarhurst during that year. The applicant shall keep accurate records of the number and size of events over the next year, which will be used as part of the review of the permit. 2. The permit is limited to the following uses: wedding /banquet hall, receptions, conferences, exhibition, and tours. In the event the applicant receives a liquor license from the City, liquor can only be sold in conjunction with the above events. The premises cannot operate as a restaurant, bar, or liquor store. 3. The applicant hard surface the two driveways from the road pavement to the property line. Should spillover gravel continue onto the two public roads, additional hard surfacing may be required. 4. The applicant must remove all exterior storage and bring the site into compliance with City nuisance and zoning ordinances relating to storage within 30 days of City Council approval. 5. Business and commercial activity upon the premises shall not take place from 12:30 a.m. to 5:30 a.m. of any day. 6. Natural screening and coniferous landscape materials shall be placed and located between the site and the adjacent Marty property. A landscape plan shall be submitted to the City for review and approval. 7. The driveways entering from 70th Street and Military Road shall be marked and posted as "Private Driveway." 8. The property shall be in conformance with and maintained in conformance with all applicable State and County Health regulations. Resolution No. 01 -198 Page 3 9. The City's Building Official and Fire Marshal re- inspect the premises to insure compliance of all building and fire regulations. 10. Some of the existing shrubbery vegetation on the east and west sides of the private access drive connecting to Toth Street shall be trimmed back to improve site visibility before crossing the existing bituminous trail and entering onto the roadway. 11. The property owner must apply for a building permit for all restoration work to the principal structure or any accessory structures. A building permit is also required for demolition of any structure on the site. The City's Historic Preservation Officer small be notified prior to any work to be performed on any structure. 12. The owner of the property must reside at the premises and must be the operator of the catering business contemplated under this conditional use permit. Passed this 19th day of December, 2001. Sandra Shieiy, Mayor Attest: Caron M. Stransky, City Cler' TO; Members of the Planning Commission FRECEIVED And City of Cottage Grove Officials FROM: Mary Marty & Art Uttech 2 3 2012 COTTAGE GROVE DATE: January 23, 2012 SUBJECT: Adding Licensed Adult Care to the Conditional Use Permit of Cedarhurst Mansion We oppose this amendment to Cedarhurst's Conditional Use Permit for the following reasons: S2 When in a residential area, human services programs are inappropriate. 0 This human services program would potentially hinder selling efforts of neighboring properties. These properties have been on the market for six years now. These properties are in the scope of the Cottage Grove East Ravine Project. Our property is immediately adjacent to Cedarhurst, on the Military Road side. Q Permitting one human services program would open the door widely to many others. These types of services should be located in commercial / business areas. SZ What would happen in case of fire or any other kind of emergency when housing vulnerable adults? • Cedarhurst is a very old wooden structure; are there sprinkler systems installed? • In case of any emergency, the exits are limited. 0 Do the owners of Cedarhurst feel they are qualified to run an adult day care? 0 If up to fifty adults are allowed per day, how many staff would be caring for these people? 0 The definition of "Adult Day Care" is somewhat ambiguous. It could encompass a wide variety of individuals. Again, this type of business should be in a commercial / business area — NOT IN A RESIDENTIAL LOCATION. 0 Who would monitor the day -to -day operation? There have been problems in the past with activities at Cedarhurst. In summary, we strongly oppose this amendment to Cedarhurst's Conditional Use Permit and request that the City understand and listen to our concerns. Thank you. A RESOLUTION APPROVING AN AMENDMENT TO THE EXISTING HISTORIC PLACES CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF A LICENSED ADULT DAY SERVICE CENTER AT CEDARHURST MANSION, 6940 KEATS AVENUE SOUTH WHEREAS, Xoua Thao, has applied for an amendment to the existing Historic Places Conditional Use Permit (HPCUP) to allow for the operation of a licensed adult day service center in addition to the current allowed uses at Cedarhurst Mansion. The property is legally described as: Tract "A" of Registered Land Survey No. 63, except the South 436.6 feet of the West 300 feet of said Tract "A ", according to the plat thereof on file and of record in the office of the Registrar of Titles of Washington County, Minnesota, subject to easements, restrictions, and reservations of record, together with an easement for the underground drainage of sewage through underground pipes, lines, and disposal facilities lying under the East One Hundred Forty -five (E145) feet of the South Forty (S40) feet of the North Two Hundred Ten (N210) feet of said south 436.6 feet of the West 300.00 feet of said Tract "A" of Registered Land Survey No. 63, said easement to continue until the existing underground pipes, lines, and disposal facilities require repair, and then terminating. Commonly known as 6940 Keats Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the Planning Commission held a public hearing on January 23, 2012; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request was prepared and presented; and WHEREAS, the public hearing was open for public testimony and testimony from the applicant and the public was received and entered into the public record; and WHEREAS, the Planning Commission unanimously (6 -to -0 vote) recommended approval of the application, subject to certain conditions listed below. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby approves the amendment to the existing Historic Places Conditional Use Permit (HPCUP) to allow for the operation of a licensed adult day ser- vice center in addition to the current allowed uses at Cedarhurst Mansion, located on the prop- erty legally described above, subject to the following conditions: All conditions of Resolution No. 01 -198 shall be complied with. Resolution No. 2012 -XXX Page 2 of 3 2. The conditional use permit shall be recorded with Washington County as re- quired by Minn. Stat. 462.3595, subd. 4 before the use commences. 3. The additional limited commercial venture that is permitted by this permit is limited to a licensed Adult Day Service Center. 4. The Applicant shall obtain all required licensing from the Minnesota Department of Human Services. 5. Any modifications to the building's exterior must be reviewed by the City's Advi- sory Committee on Historic Preservation. 6. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any licensed activities. Detailed construction plans must be reviewed and approved by the Building Official. 7. The property shall be inspected by the City Fire Marshal and all requirements arising from the inspection shall be completed prior to the commencement of any licensed activities. 8. The property shall be inspected by the Washington County Health Department and all requirements arising from the inspection shall be completed prior to the commencement of any licensed activities. 9. The private septic system compliance shall be reviewed and inspected by the Washington County Health Department. 10. The hours of business operation shall be limited to 7:00 a.m. to 6:00 p.m. week- nights. 11. Signage on the property is limited to three (3) square feet. 12. All outdoor activities must be supervised by the applicants or designated staff. 13. The final parking design is required to be reviewed by the Planning Staff. Any parking improvements on the site must not negatively impact the drainage of the site or adjacent properties. 14. Any fencing utilized on the site must be reviewed and approved by the City His- toric Preservation Officer. 15. All waste removal from the site must be contracted with a commercial refuse hauler. 16. Parking is prohibited on 70th Street (County Road 22) and Keats Avenue (County Road 19). Resolution No. 2012 -XXX Page 3 of 3 17. The standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 18. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives complaints, the property owner must bring the site into compliance upon notification by the City. 19. Repeat violations related to the licensed use or HPCUP permit criteria will require additional review of the historic places conditional use permit by the City Council, with possible revocation of the conditional use permit as a remedy. Passed this 15th day of February 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk •• -• 091 .! ! '• 11 0 NA • • 1 6.2 Cedarhurst Adult Daycare — CUP12 -002 Xoua Thao has applied for a modification to Cedarhurst's existing Historic Places Condi- tional Use Permit to allow for licensed adult daycare in addition to the current allowed uses at 6940 Keats Avenue South. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Brittain asked if the proposed use would balance with the approved uses that allow the serving of alcoholic beverages. Burbank responded that a condition could be added that al- cohol would be prohibited in conjunction with this use. Brittain asked why this property was zoned agricultural given the number of commercial uses allowed by the Historic Places Con- ditional Use Permit (HPCUP). Burbank responded that the current zoning allows the City to manage the land use; if the property was guided and zoned as commercial right now, any type of commercial use could come in as long as it meets the standards of that zoning dis- trict. Past practices and policies of the City is to rezone the property when a project comes in. Xoua Thao, owner of Cedarhurst Mansion, stated that over the past years they have hosted weddings on the weekends but with the economic conditions and the fact that Cedarhurst is practically empty every day from 8:00 a.m. to 5:00 p.m., they researched additional commer- cial activities. They decided that an adult day care service would be appropriate. They have not yet applied for the day care services license with the Minnesota Department of Health and Human Services, but will proceed if this conditional use permit is approved. Rediske asked if there is enough parking to accommodate the proposed 50 people. Thao re- sponded yes, noting that there are two parking lots on the property that can accommodate 200 people at weddings. Rediske expressed concern about potential parking on 70th Street. Thao responded that there is no street parking during weddings. Rediske asked if there are any other adult day cares in the Cottage Grove area. Thao stated that they talked to an agency about adult day care services in this area, and they were encouraged to explore this. Ventura asked how long the licensing process with the state takes. Thao responded that after they apply, several agencies would review the applications and inspect the property to assess the suitability for that type of service; it could take anywhere from two to six months. Messick opened the public hearing. Mary Marty, 5846 259th Avenue NE, Stacy, Minnesota, owner of the property at 9905 Military Road which is adjacent to Cedarhurst, passed out information to the Commission. She stated that they moved in 2006 when they received a purchase agreement as part of the development in the East Ravine. When they lived at the property on Military Road, they had numerous complaints about issues at Cedarhurst, including noise and wandering people. She stated that they oppose the proposal. She read the information that was passed out out- lining the reasons for their opposition. Those reasons include human services programs are Excerpt from Planning Commission Minutes Planning Case No. CUP12 -002 — Cedarhurst Adult Day Care January 23, 2012 Page 2 of 4 inappropriate in residential areas, this use could hinder marketing the properties in the area for development, and could open the door for other human services programs in the area. She also expressed concern about safety issues in the event of a fire or emergency, noting that when the Catholic Church owned the property they wanted to turn it into a home for re- tired priests, but the fire marshal would not allow that due to fire issues and exiting problems. She questioned the qualifications of the owners of Cedarhurst to run an adult day care and asked how many staff would be caring for the people attending the program. Marty asked about the zoning and how this use could be allowed at Cedarhurst. Burbank responded that the City's historic places conditional use permit process allows for certain limited uses. He explained that the criteria for the HPCUP. He noted that if the property was zoned commer- cial, they would just need to meet the City's performance standards for any permitted or conditional uses within that district to open up a business. Marty also asked who would monitor the day -to -day operation. True Thao, manager and co -owner of Cedarhurst, addressed Marty's concern about safety. He explained that the reason the diocese was not allowed to operate a convalescent home was because of narrow hallways upstairs. This proposed use would not have anyone staying overnight; they would only be there during the day. He noted that there are a number of en- trance and exit points at Cedarhurst. He then explained that many of the guests would be transported into the facility via commercial buses and there will not be a significant increase in traffic activity. This proposed use should not have an impact other than to increase the ac- tivities in the building. Thao responded to the concern about the liquor license noting that alcohol is served for receptions and they block the bar off for other activities, such as their afternoon teas. Burbank stated that the City's Building Official and Fire Marshal will inspect the structure, and different divisions within the Department of Health will conduct inspections on the septic system and food services. The structure will also be checked for compliance with ADA requirements during the licensing inspections. Rostad asked who monitors the staffing issues with the property being mixed use. He also asked if the staff would also do the afternoon teas along with caring for the participants. Thao responded that if the day care goes well they would not have any other activities. Cur- rently on staff they do have all the professionals necessary to meet licensing requirements. The DHS will be working closely with them on that and will monitor them very closely. Rostad asked if the same ratio needs to be maintained if some of the individuals are outside and some inside. Thao responded that the number of people attending the program will vary on a day -to -day basis but they want to open it up to a maximum of 50 people and they will have the appropriate staffing each day. Rostad asked if there would be enough monitoring to en- sure that individuals do leave the Cedarhurst property. Thao responded that there is a fence between their property and the Marty property. Pearson asked if they would be staffing the adult day service center themselves. Thao re- sponded yes. Pearson asked if the staff has to pass certain criteria. Thao responded that among the four of them, three have the necessary licenses. They do need to find a physical therapist. Thao stated that he has an LICSW, their chef is a licensed nutritionist, their com- mercial kitchen is currently licensed, and his wife is a registered nurse. Burbank stated that as part of the licensing procedure, the State would look at that. Thao stated that they want to be granted the conditional use permit before proceeding with the licensing process. Excerpt from Planning Commission Minutes Planning Case No. CUP12 -002 — Cedarhurst Adult Day Care January 23, 2012 Page 3 of 4 Messick stated that he is confident that with the State, County, and City regulating the safety aspect. The concern he has is the neighboring owners who are worried about the value of their property. He stated that concern is within the jurisdiction of this Commission but he does not know how this changed use would diminish neighboring property values. Marty stated the property is very close to Cedarhurst and she sees the buses as a potential prob- lem for anybody who wants to buy her property. Thao stated that they are just asking for an additional conditional use permit to provide day care services for people to come in the morning and leave by 5:00 p.m. Messick closed the public hearing. Burbank noted that the request on the application is for 8:00 a.m. to 4:00 p.m., but staff's recommendation is for 7:00 a.m. to 6:00 p.m. to provide flexibility for traffic staging. He stated that staff also discussed addressing the Commissioners' concerns by recommending that a condition be added that there would be no parking on 70th Street or Keats Avenue. Rostad made a motion approve the application subject to the conditions listed below and an added condition to not allow parking on 70th Street or Keats Avenue. Brittain seconded. 1. All conditions of Resolution No. 01 -198 shall be complied with. 2. The conditional use permit shall be recorded with Washington County as re- quired by Minn. Stat. 462.3595, subd. 4 before the use commences. 3. The additional limited commercial venture that is permitted by this permit is limited to a licensed Adult Day Service Center. 4. The Applicant shall obtain all required licensing from the Minnesota Department of Human Services. 5. Any modifications to the building's exterior must be reviewed by the City's Advisory Committee on Historic Preservation. 6. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any licensed activities. Detailed construction plans must be reviewed and approved by the Building Official. 7. The property shall be inspected by the City Fire Marshal and all requirements arising from the inspection shall be completed prior to the commencement of any licensed activities. 8. The property shall be inspected by the Washington County Health Department and all requirements arising from the inspection shall be completed prior to the commencement of any licensed activities. Excerpt from Planning Commission Minutes Planning Case No. CUP12 -002 — Cedarhurst Adult Day Care January 23, 2012 Page 4 of 4 9. The private septic system compliance shall be reviewed and inspected by the Washington County Health Department. 10. The hours of business operation shall be limited to 7:00 a.m. to 6 :00 p.m. week- nights. 11. Signage on the property is limited to three (3) square feet. 12. All outdoor activities must be supervised by the applicants or designated staff. 13. The final parking design is required to be reviewed by the Planning Staff. Any parking improvements on the site must not negatively impact the drainage of the site or adjacent properties. 14. Any fencing utilized on the site must be reviewed and approved by the City His- toric Preservation Officer. 15. All waste removal from the site must be contracted with a commercial refuse hauler. 16. The standard City and State noise rules will be applicable to the site. If the City receives noise complaints, the property owner must bring the noise on the site into compliance upon notification by the City. 17. The standard City and State nuisance ordinance rules will be applicable to the site. If the City receives complaints, the property owner must bring the site into compliance upon notification by the City. 18. Repeat violations related to the licensed use or HPCUP permit criteria will re- quire additional review of the historic places conditional use permit by the City Council, with possible revocation of the conditional use permit as a remedy. Motion passed unanimously (6 -to -0 vote).