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HomeMy WebLinkAbout5.a. South Robert Square Daycare CUP Amendment PC ExSum 04-14-15EXECUTIVE SUMMARY Planning Commission Meeting Date: April 14, 2015 Tentative City Council Meeting Date: April 21, 2015 AGENDA ITEM: Case 07-30CUP Club House Daycare AGENDA SECTION: Conditional Use PermitAmendment to Add Public Hearing an On-Site Outdoor Play Area AGENDANO. PREPARED BY: Jason Lindahl, Planner, AICP 5.a. APPROVED BY: ATTACHMENTS: Site Location Map, Original CUP Resolution,Plans,Parking and Access Easements, City Engineer Memo K.L. Dated March 24, 2015, Fire Marshal Memo Dated March 24, 2015 RECOMMENDED ACTION: Motion to recommend the City Council approve an amendment to the existing conditional use permit for the Club House Day Carelocated at 2975 145th Street West toadd an on-site outdoor play area, subject to conditions: 1.Conformance with all requirements of the original conditional use permit outlined in Resolution 2007-82, including but not limited to installing and maintaining drop-off/pick-up and employee parking areas. 2.Issuance of a building permit and payment of all applicable fees. 3.March 24, 2015, including but not limited to creation of a 20 foot wide drive lane north of the proposed play area, providing all required ADA parking stalls, repairing th the sidewalk and TH 3 and 145Street West and maintain existing drainage patterns. 4.Conformance with all requirements of the Fire Marshall memo dated March 24, 2015. SUMMARY Applicant & Property Owner(s): Jayme Macchitelli & Dr. Kurt Walter-Hansen Location: 2975 145th Street West Northwest corner of South th Robert Trail (Highway 3) and 145 Street West Area in Acres: Approximately 1.8 Acres Comp. Guide Plan Desig: C- Commercial Current Zoning: C-2, Downtown Commercial The applicant, Jayme Macchitelli owner of the Club House Child Care, requests an amendment to the existing conditional use permit to allow a daycare facility in the South Robert Square building located at 2975 145th Street West. Currently, the Club House occupies approximately 8,500 square feet and operates without an on-site outdoor recreation area. The proposed amendment would add approximately 3,800 square feet of indoor space and a 1,605 square foot on-site outdoor recreation area. Staff recommends approval of the request, subject to the conditions outlined in the recommended action section above. BACKGROUND original conditional use permit was approved in 2007. This approval allowed the Club House Child Care to occupy 8,500 square feet in the South Robert Square building formally occupied by Loch Pharmacy. Recently, Bella Pizza and Mediterranean Cuisine vacated the neighboring 3,500 square feet and the Club House will now expand into this space and add a 1,605 square foot on-site outdoor recreation area (see attached plan). A copy of the resolution approving the original conditional use permit is attached for your reference. Conditional Use Permit Legal Authority. Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. Purpose. The purpose of conditional use permits is to allow for those uses which are not generally suitable by right within a given zoning district but may be suitable under some circumstances. The burden of demonstrating the use meets the criteria for granting a conditional use permit and meeting all applicable standards lies with the applicant. In reviewing such applications, the city may attach reasonable conditions necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan and city code provisions. As a conditional use, daycare facilities are subject to the general CUP standards outlined in Section 11-10-7 as well as the standards specific to daycare uses in Section 11-4-11.D. These standards of the proposed use on the surrounding neighborhood and the applicable daycare licensing requirements. After s in comparison with each of these standards, staff finds the proposed use meets the conditional use permit requirements for daycare facilities in the Downtown district, subject to conditions. These standards and staff findings for each are provided below. 1.Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding: The daycare facility will not be detrimental to the public health, safety, or general welfare of the neighborhood or the City of Rosemount. 2.Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding: The proposed expansion of the existing daycare use will be harmonious with the objectives of the comprehensive plan and city code. The subject property is guided by the comprehensive plan and zoned DT Downtown and daycare facilities are allowed as a conditional use in the DT - Downtown Commercial district, subject to conditions. According to the comprehensive plan, the Downtown land use designation is intended to 2 provide for the variety of land uses that make a successful downtown. These uses include the civic functions of government, education, and gathering spaces, as well as the variety of uses that would allow residents to live, work, shop, and recreate all within Downtown. Similarly, the zoning ordinance states the purpose of the DT Downtown zoning district is to encourage a viable downtown area. Rosemount's downtown is intended to serve the entire city and be a diversified commercial, civic, and lifestyle center that offers the full range of comparison goods, sales and services, cultural, civic, and entertainment opportunities, financial, and professional offices, attached and multiple-family housing, and public uses. Although this district relies on automobile traffic, the needs of pedestrians and bicyclists are deemed equally important. Pedestrian and bicycle linkages, landscaping, and appropriate amenities are important components of this district. The pedestrian orientation of buildings adjacent to sidewalks encourages parking in the rear yards and enhances the traditional character exemplified by historical central business districts. 3.Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: The daycare use is located in an existing building that conforms to the standards of the DT Downtown zoning district. The proposed on-site outdoor recreation area will appear and operate similar to a park and will not change the essential character or property values within the neighborhood. 4.Will be served adequately by existing (or those proposed in the project) essential public facilities and services; including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. 5.Finding: The subject property is served adequately by existing essential public facilities and services including streets, police and fire protection, drainage, structures, refuse disposal, water dated March 24, 2015 includes a condition that the play area should be constructed so that the existing drainage patterns in the parking lot are maintained. The existing drainage is directed to the catch basin in the parking lot, north of the play area. 6.Will not involve uses, activities, processes, material equipment, and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. Finding: The expanded daycare use will not involve activities that will be harmful to the surrounding area. The proposed on-site outdoor recreation area will be located behind the existing building and will be separated from the adjacent parking area by both fencing and landscaping. 7.Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 3 th Finding: The site has adequate existing ingress and egress from both 145 Street West and South Robert Trail. However, it should be noted that the subject property has shared parking and access easements with the neighboring property (the First State Bank of Rosemount). The proposed on-site outdoor recreation area must be agreed to by both property owners and reflected in the easement agreements. vehicular access. First, the proposed play area eliminates the existing drive lane connection between two parking areas and disrupts the traffic flow of the parking lot. To maintain similar traffic patterns as the existing conditions, the parking stalls located just north of the existing median should be removed to create a 20 foot wide drive lane. The existing striping should be removed and a new median should be constructed or striped to delineate the location of the new drive lane. The City Fire Marshal agrees with this recommendation. Second, the ADA parking stall just north of the play area does not appear to meet ADA standards. The plan should be updated to meet ADA regulations. Third, the sidewalk th should be repaired near the intersection of TH 3 (South Robert Trail) and 145 Street West. A portion of the sidewalk has been removed since 2010 when the City completed signal work at the intersection. The applicant has designated six (6) stalls along the northern property line directly west of the existing trash enclosure as their employee parking area. The Downtown district is exempt from the off-street parking requirements so this designation does not impact the However, it should be noted that the designated area is within the shared parking area with the neighboring First State Bank of Rosemount. The original conditional use permit required the applicant to install and maintain signs designate these These sign are missing at this time and must be reinstalled. 8.Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Finding: The proposed daycare facility will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. 9.These standards apply in addition to specific conditions as may be applied throughout this code. Finding: Daycare uses are also subject to the specific conditional use permit standards in Section 11-4-11.D as outlined below. In addition to the general conditional use permit standards reviewed above, the proposed use must comply with the specific performance standards for daycare facilities. These standards along with staff findings are detailed below. 1.Pick up and drop off areas shall be located on the site, and shall be designed to avoid interference with traffic and pedestrian movements. 4 Finding: The original conditional use permit approval required the applicant to designate and maintain a pick up and drop off area. The signs designating this area are missing and the proposed on-site outdoor recreation area will require changes to the parking lot that will eliminate the original pick up and drop off area. Staff recommends a condition of approval require the applicant relocate, sign, and maintain a pick up and drop off area that does not interfere with traffic and pedestrian movements. These four drop-off/pick-up stalls shall -off/Pick-f 6 a.m. to 10:00 a.m. and 4:00 p.m. to 7:00 p.m. 2.Outdoor recreational areas shall be located and designed in a manner that mitigates visual and noise impacts on any abutting residential parcels. Finding: While there are no specific city standards for the size or location of an outdoor play area, there are State requirements. These standards are detailed in Minnesota Rule Three, Child Care Center Licensing. They require a minimum of 1,500 square feet and at least 75 square feet per child. The outdoor play area must also be within 2,000 feet of the center and enclosed if adjacent to traffic or other hazards, free of litter, and contain the In this case, the applicant proposes to add a 1,605 square foot on-site outdoor recreation area north and west of the . According to the applicant, the outdoor and have landscape planters along the western side to add separation and screening from the adjacent driveway. The existing parking lot island and new driveway required by the City Engineer will provide separation and screening along the north side. According to the parking lot surface occupied by the outdoor recreation area will be penetrated for drainage and the applicant will install Cedar mulch as ground cover. 3.Such facilities shall provide proof of all applicable state, county, and city licenses. Finding: The applicant has submitted a copy of their current license and it is attached to this report. RECOMMENDATION Staff recommends approval of an amendment to the existing conditional use permit for the Club House Day Care located at 2975 145th Street West to add an on-site outdoor play area. The rmit was approved in 2007. That approval allowed the Club House Child Care to occupy 8,500 square feet in the South Robert Square building formally occupied by Loch Pharmacy. Recently, Bella Pizza and Mediterranean Cuisine vacated the neighboring 3,500 square feet and the Club House will now expand into this space and add a 1,605 square foot on-site outdoor recreation area. Staff recommendation for approval is based on the plans submitted by the applicant, findings made in this report and subject to the conditions outlined in the recommended action section above. 5 MEMORANDUM To: Eric Zweber, Planner From: Kevin Benshoof, Fire Marshal Date: March 24 th, 2015 Subject: The Club House Daycare Upon review of The Club House Daycare Submittal dated March 13 2015. The Fire th Marshal offers the following comments: The Preliminary Site Plan as submitted raises three questions: First, is the play area elevated and are curbs provided around to offer some protection from vehicles. Second, the new parking arrangement creates a dead requirement. I would recommend an access lane be provided from one direction only. Third, handicap parking stalls and ramp will need to conform to (MN Rule 1431) with size, access, signage and ramp location. The construction drawings are incomplete. Further plan review comments may be required upon receipt and review of the full construction drawings. Thank you, Kevin Benshoof Fire Marshal City of Rosemount Lucinda E. Jesson, CommissionerRegina Wagner, Director, Licensing Division Special Terms:*1048783*St. Paul, MN 55164-0242PO Box 64242Division of LicensingMinnesota Department of Licensed From License Number 1048783-5-CCC 01/01/2015 Licensed To Human Services 12/31/2015 Rosemount, MN 550682975 145th StClub House Child Care & Preschool (The)Doing Business At: Fri Thu Wed Tue MonOpen from January through December20 School Age 50 Preschool 21 Toddler8 Infant Capacity: 99Minnesota Statutes, Chapter 245A and Minnesota Rules, parts 9503.0005 to 9503.0170.To provide services for children in child care centers, subject to the standards of Service Provided:Terms of License: 6:30 AM - 6:00 PM6:30 AM - 6:00 PM6:30 AM - 6:00 PM6:30 AM - 6:00 PM6:30 AM - 6:00 PM Child Care Center - Day Time Rosemount, MN 5506813586 Dellwood WayMacchitelliThe Club House Child Care & Preschool Attn: Jayme Wuch Mac Distributing Inc dba Club House Childcare and Pr Issued To: DHS-3216(9/02)