HomeMy WebLinkAbout9.a. Club House Daycare Conditional Use Permit Amendment to Add an On-Site Outdoor Play AreaEXECUTIVE SUMMARY
City Council Meeting Date: April 21, 2015
AGENDA ITEM: Case 15-11 CUP Club House Daycare
Conditional Use Permit Amendment to Add
an On-Site Outdoor Play Area
AGENDA SECTION:
Consent
PREPARED BY: Jason Lindahl, Planner, AICP AGENDA NO.
9.a.
ATTACHMENTS: Resolution, Draft Excerpt Minutes of the
4/15/15 Planning Commission Meeting,
Site Location Map, Original CUP
Resolution, Applicant’s Plans, Parking and
Access Easements, City Engineer Memo
Dated March 24, 2015, Fire Marshal
Memo Dated March 24, 2015, Childcare
License, Comment from Simply Massage.
APPROVED BY:
ddj
RECOMMENDED ACTION: Motion to approve a resolution amending 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, subject to conditions.
SUMMARY
Applicant & Property Owner(s): Jayme Macchitelli & Dr. Kurt Walter-Hansen
Location: 2975 145th Street West – Northwest corner of South
Robert Trail (Highway 3) and 145th 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. The Planning Commission and staff recommend approval of the request, subject to the
conditions outlined in the attached resolution. Because the daycare is a conditional use, expansion of
the conditional use should be formally reviewed to ensure compliance with the permit conditions.
PLANNING COMMISSION ACTION
The Planning Commission held a public hearing to review this item on April 14, 2015. During the
public hearing Jenny Cisneros of Simply Massage, the neighboring business in the South Robert
Square building, expressed concerns regarding noise associated with the proposed expansion. Ms.
Cisneros explained that noise, whether from construction or the children playing, could have a
negative impact on her massage therapy business. John Wuchko, representing Club House, stated
they are sympathetic to Ms. Cisneros concerns and want to work with her to be a good neighbor.
Mr. Wucho went on to say that they intend to install sound proofing material to address the
potential noise from their operations. Staff then explained that the city’s regulatory authority in this
case is limited to the standards within the ordinance and the proposed day care with an outdoor
recreation area appears to meet those standards. Since the meeting, staff also met with both parties
on-site and came to an agreement about the location of the required ADA parking and daycare
drop-off and pick-up areas. The Planning Commission noted that it was unfortunate that the
property owner was not present during the meeting to help mediate these issues between his tenants
but agreed that the daycare appears to meet the city’s standards. The Commission then voted
unanimously to recommend the City Council approve this request.
BACKGROUND
The applicant’s original conditional use permit 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 (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
evaluate the City’s land use and zoning performance standards, the potential impact of the proposed
use on the surrounding neighborhood and the applicable daycare licensing requirements. After
reviewing the applicant’s plans 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
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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
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.
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 and sewer systems, and schools. It should be noted that the City Engineer’s memo
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.
5. 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.
3
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.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
Finding: The site has adequate existing ingress and egress from both 145th 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.
The City Engineer’s memo dated March 24, 2015 includes three recommendations related to
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
should be repaired near the intersection of TH 3 (South Robert Trail) and 145th Street West.
A portion of the sidewalk has been removed since 2010 when the City completed signal
work at the intersection. The applicant has revised their plans to conform with these
conditions; however, the ADA stalls as shown must be revised to show a minimum 8’ stall
and 8’ loading area as required by the State Code.
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
site’s parking needs. The original conditional use permit required the applicant to install and
maintain signs designate these stalls as “Employee Parking.” These sign are missing at this
time and must be reinstalled. The applicant has revised their plans to include these stalls and
agreed to reinstall and maintain the signs.
7. 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.
8. These standards apply in addition to specific conditions as may be applied
throughout this code.
4
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.
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. The applicant has revised their plans to
relocate the pick-up and drop off area as recommended by staff and agreed to reinstall and
maintain the signs. These four drop-off/pick-up stalls shall have signage designating them
as “Drop-off/Pick-up Only” stalls for the hours of 6:30 a.m. to 9:00 a.m. and 4:00 p.m. to
6:00 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: In this case, the applicant proposes to add a 1,605 square foot on-site outdoor
recreation area north and west of the building’s rear entrance. According to the applicant,
the outdoor recreation area will be surrounded by a 6’ high chain link fence with two 3’
access gates 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 and Fire Marshal will provide separation and screening along
the north side. According to the applicant’s plans, 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.
In addition to the City’s requirements, the State of Minnesota has standards for daycare
outdoor recreation areas. 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 required outdoor “large
muscle equipment.”
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
Both the Planning Commission and staff recommend 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
5
on-site outdoor play area. The applicant’s original conditional use permit 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. This 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 attached resolution.
6
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015--
A RESOLUTION AMENDING 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, SUBJECT TO CONDITIONS.
WHEREAS, the City of Rosemount received an application from Jayme Macchitelli of the Club
House Child Care and Preschool requesting an amend their existing Conditional Use Permit (CUP)
to add an outdoor play area to their existing facility at 2975 145th Street West.
WHEREAS, on September 4, 2007, the City Council of the City of Rosemount approved
Resolution 2007-82 granting a conditional use permit to allow a daycare facility in the existing
building located at 2975 145th Street West without an on-site outdoor play, subject to conditions;
and
WHEREAS, on April 14, 2015, the Planning Commission of the City of Rosemount reviewed the
application to amend the existing conditional use permit to add an on-site outdoor play area and
adopted a motion to recommend that the City Council approve this request, subject to conditions;
and
WHEREAS, on April 21, 2015, the City Council of the City of Rosemount reviewed and agreed
with the Planning Commission’s recommendation to amend the conditional use permit to add an
on-site outdoor play area.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
approves an amendment the existing Conditional Use Permit (CUP) for the Club House to add an
outdoor play area to their existing facility at 2975 145th Street West, subject to the following
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. Conformance with the Attachment A – Site Plan.
4. Conformance with all requirements Attachment B - City Engineer’s memo dated March 24,
2015, including but not limited to providing all required ADA parking stalls, repairing the
sidewalk and TH 3 and 145th Street West and maintain existing drainage patterns.
5. Conformance with all requirements of the Fire Marshall.
RESOLUTION 2025-
2
ADOPTED this 21st day of April, 2015 by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Clarissa Handler, City Clerk
Motion by: ___________ Second by: _______________________________.
Voted in favor: _____________________________________________________ .
Voted against: ____ .
Member absent: ____ .
PLANNING COMMISSION REGULAR MEETING MINUTES
April 14, 2015
PAGE 1
Call to Order:
Pursuant to due call and notice thereof, the Special Meeting of the Planning Commission was held
on Thursday, April 14, 2015. Chair Miller called the meeting to order at 6:30 p.m. with
Commissioners Kurle, Forster, and VanderWiel. Commissioner Kenninger was absent from the
meeting. Also in attendance were Planner Lindahl, Engineer Olson, and Recording Secretary
Roudebush.
The Pledge of Allegiance was said.
Additions to Agenda: None
Audience Input: None
Consent Agenda: None
Public Hearing:
5.a. Request by The Clubhouse for a Conditional Use Permit to Expand the Daycare Center
(15-11-CUP).
Planner Lindahl summarized his report for the Planning Commission.
Chair Miller inquired about the background on the front sidewalk and why it was never replaced.
Engineer Olson stated that the planters in front of the building were removed the traffic light were
replaced. Miller also inquired about handicap parking and what the requirements are. Olson said he
would have to refer to the Building official on the number of spot required. Olson also stated that
since the lot has been originally stripped the standards have been updated and parking spots need to
be widened to the current standards to follow current building code. Planner Lindahl stated that
current code requires 96” parking stall plus 96” for loading and one handicap spot per 25 stalls on
site, the total count includes parking at the bank. Miller inquired which stalls would be converted to
handicap. Lindahl stated that would be worked out with applicant and building official. Code doesn’t
signify exactly which spots, just states they need close and have direct access to the building.
Commissioner Forester inquired if there were other options that were discussed. Lindahl stated that
the rendering is what the applicant came forward with. Years ago there were many other options
discussed, but it was determined that a spot closest to the building was most desirable.
Commissioner Kurle inquired about the concerns in the letter received. Lindahl stated that the city
takes into account the concerns of neighboring businesses. State law legally requires the city to
notify owner not tenants. Lindahl felt that many of the concerns stated are more an issue with the
landlord. Daycare is an allowed conditional use in the downtown district and the playground would
function similar to a public park.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 14, 2015
PAGE 2
The public hearing was opened at 6:47 pm.
Public comments:
Jenny Cisneros, Owner of Simply Massage, 14465 South Robert Trail, discussed letter distributed at
the beginning of the meeting. She is concerned about noise of construction, ongoing noise from the
daycare and location of playground as well as the loss of parking spaces for her clients, that an
expansion of the daycare will have a negative impact on her business. Massage clients expect a quiet
experience that can’t be assured with the current proposal. She does not support the expansion of
the daycare with the conditions listed. Cisneros inquired about the removal of stalls as well as pick
up and drop off spaces. Lindahl stated that originally no spaces were going to be removed but the
City Engineer and Fire Marshall require that the current drive pattern be maintained so four spaces
on the south end of the lot, closest to the playground, would be removed. He also noted that he
designated spaces for pickup/drop off are not required to be in certain location, just in close
proximity to the building.
Commissioner Miller inquired about clientele and if they require handicap parking. Cisneros stated
that most park in front of building due to the location of the handicap spots.
Commissioner Kurle wondered if the issues have been addressed with the property owner,
specifically the inside sound proofing. Cisneros said she had but was unsatisfied with his response.
She also stated she wasn’t aware about the playground until Friday afternoon when she called to
inquire about the public notice sign in front of the building. She talked with the property owner
about construction as well; he stated that construction will be done outside of business hours.
Cisneros is concerned how the construction of the playground will be done outside of her business
hours, landlord stated he didn’t think there would be much noise and they would just be covering up
the existing surface with chips.
John Wuchko, co-owner of The Clubhouse, discussed Cisneros’s concerns. He stated that they tried
previously to have the playground located in the back of the parking lot, and his customers would
rather have the kids walk in the lot instead of crossing the street. He is confident that the sound
proofing will work once installed, had similar situation at their Farmington location. He understands
the parking issue and doesn’t care where they are located as well as the pickup/drop off spots. He
wants playground installed but wants to work to make the best situation for both businesses.
Chair Miller inquired how much control Wuchko has over the sidewalk. Wuchko stated he had
planned for someone to come and fix it but the property owner told him that he would take care of
it. Wuchko also stated he has been hounding him for years to fix the front sidewalk. Miller also
inquired if the proposed playground large enough for the amount of children. Wuchko stated they
would need to take smaller groups out but can make it work.
Commissioner Forester asked for staff to comment on history of last playground proposal as well as
the history of tenants. Wuckho stated they have been there for 7-8 years and another owner owned
the massage business before Cisneros, she purchased in 2013. There has always been a potential to
have another business move in. Cisneros stated that the owner told her that he turned down a
business because it would disturb the massage business. Forster inquired if there is someone
PLANNING COMMISSION REGULAR MEETING MINUTES
April 14, 2015
PAGE 3
monitoring the installation of the sound proofing, it needs proper sealing if penetrated. Wuchko
stated that the landlord is the one working with the contractors and is not sure about the answer.
Chair Miller reminded the commission that they can’t control the landlord and his actions.
Jenny Cisneros, stated that she supports the alternate location of the playground to the back of the
lot
MOTION by Kurle to close the public hearing.
Second by VanderWiel.
Ayes: 4. Nays: 0. Motion Passes.
The public hearing was closed at 7:21 pm.
Additional Comments:
Planner Lindahl stated that concerns from neighboring business fall under the terms of the lease,
and it is unfortunate that he isn’t here to resolve those challenges. He also clarified that property
relating to zoning is physical property not the tenants’ business as property. He also stated that we
should refer to conditions in staff report about the parking and wishes to maintain those listed. The
standard on noise states impact on residential uses, no standard or authority to neighboring
commercial uses. In regards to the playground Lindahl will focus on what the city has authority over,
the city looks at safety concerns of an onsite playground, they do not take into account the
proximity of offsite playgrounds. In 2007 discussion involved putting playground in the back of the
lot, it was determined that the safest option would be closest to the building. Miller stated that its
seems both parties are interested in the location of the playground moving, what steps would need
to be taken to make that happen. Lindahl stated that staff isn’t prepared to support a design change
tonight but can sit down with the applicant to discuss any changes. He also stated this is scheduled
to go to council next week and any discussion or changes would need to be prompt. It was also
discussed that the placement and number of the handicap spots, Lindahl stated the standards stated
they need to be within a reasonable location to the entrance of the business and would that roughly
four stalls are required. Drop off/pickup spots need to be placed to avoid disruption of traffic flow.
It was also discussed the times listed on the signs could be changed or if they needed to be the
specific times listed in the staff report. Lindahl stated that the times can be adjusted to what is
appropriate to the business.
Commissioner Kurle inquired about the process of adding a condition on the location of the
playground relocating to the back of the lot. Lindahl reiterated that the city can only regulate what is
safest location onsite. Kurle asked if changes can be made to the location once commission
approves the item. Lindahl stated that there is nothing in the conditions that state the location of the
playground, but they are approving the site plan as shown where the playground is next to the
building. The Planning Commission is ultimately making a recommendation to the council.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 14, 2015
PAGE 4
Commissioner VanderWiel stated that the commission has to act on what is before them but
wondered if the applicant can withdraw their application. Lindahl went over the options available.
Approve the recommendation as stated and add recommendations. Or the Planning Commission
could table the item until the next meeting April 28, in hopes of working out a plan that works for
all parties. The last option is that the applicant can withdraw application but they would have to pay
fee again and the city would need to republish for the public hearing. Lindahl reminded the
Commission that the City was accommodating applicant’s timeline by holding a special meeting
tonight.
Motion by Forster to recommend the City Council approve 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, 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. Conformance with all requirements of the City Engineer’s memo dated 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 the sidewalk and TH 3 and 145th
Street West and maintain existing drainage patterns.
4. Conformance with all requirements of the Fire Marshall memo dated March 24, 2015.
Second by Kurle
Commissioner Kurle stressed the applicant to adjust the location of the playground to take into
account the other tenant’s concerns. He understands the concerns of Cisneros but most of the
concerns seem to be with the landlord and unfortunately the commission can’t help resolve them.
Chair Miller stated that there appears there is a premium on the stalls in front of the businesses and
questions are still out there on the exact location and number of handicap and reserved pick
up/drop off spots.
Ayes: 4 Nays: 0 Motion approved.
Old Business: None
New Business: None
Reports: None
Adjournment: There being no further business to come before this Commission, Chairperson
Miller adjourned the meeting at 7:43 p.m.
PLANNING COMMISSION REGULAR MEETING MINUTES
April 14, 2015
PAGE 5
Respectfully submitted,
Amy Roudebush, Recording Secretary
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M E M O R A N D U M
To: Eric Zweber, Planner
From: Kevin Benshoof, Fire Marshal
Date: March 24th, 2015
Subject: The Club House Daycare
Upon review of The Club House Daycare Submittal dated March 13th 2015. The Fire
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
end effect, which doesn’t exceed the 150 ft. fire code turn around
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
8 Infant
21 Toddler
50 Preschool
20 School Age
Open from January through December
Mon 6:30 AM - 6:00 PM
Tue 6:30 AM - 6:00 PM
Wed 6:30 AM - 6:00 PM
Thu 6:30 AM - 6:00 PM
Fri 6:30 AM - 6:00 PM
Minnesota Department of
Division of Licensing
PO Box 64242
St. Paul, MN 55164-0242
Human Services
DHS-3216(9/02)
Club House Child Care & Preschool (The)
2975 145th St
Rosemount, MN 55068
To provide services for children in child care centers, subject to the standards of
Minnesota Statutes, Chapter 245A and Minnesota Rules, parts 9503.0005 to 9503.0170.
Capacity: 99
Child Care Center - Day Time
Terms of License:
Service Provided:
Special Terms:
Doing Business At:
*1048783*
Licensed From
Licensed To
License Number
01/01/2015
12/31/2015
Issued To:
The Club House Child Care & Preschool Attn: Jayme
Macchitelli
13586 Dellwood Way
Rosemount, MN 55068
Wuch Mac Distributing Inc dba Club House Childcare and Pr
1048783-5-CCC
Lucinda E. Jesson, Commissioner
Regina Wagner, Director, Licensing Division
Expected Effects of Daycare Expansion Proposal on adjoining Simply Massage & Spa Business
Submitted to and addressing the City Planning Meeting 4/14/15
It is not my intention to wage war on my neighbor or my landlord. However, I do need to protect my business
and livelihood as well as the 15 or so other families that I employ. They count on me to protect our business,
make sure it continues to survive and thrive so that their livelihoods are stable. The proposal to expand the
daycare threatens that livelihood and its stability.
I am unsure at the threshold of investigation that is required to complete the report that has been submitted
to the city in regard to this proposal, as the report reads that all of the conditions of no negative impacts on
surrounding areas have been met. I was never interviewed or even notified of this proposal. The proposed
expansions that have been submitted will most definitely have significant adverse effects on my business.
I respectfully disagree with the findings of t he submitted report and contend that the conditions necessary to
move this proposal forward have not been met .
General Purpose Conditions:
#1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood
or the city.
The findings of the report state this condition has been met. I contend that the current proposal will have a
negative effect on the general welfare of my adjoining Massage Therapy business and my clients.
While the landlord has plans to add insulation and a double wall to the adjoining property that the daycare is
expanding into, I have very strong concerns that this will not be enough to sound proof the noise that a
daycare will make. When I asked the landlord what happens if his “soundproofing ” isn’t enough? He had no
other plan or option. He just said that it will have to work- there isn’t another option. So, I am left with the
very real possibility of losing clients and thus the business due to the inability of the landlord to uphold the
“Covenant of Quiet Enjoyment” in our lease which states that we may: “freely, peaceably and quietly occupy
and enjoy the full possession of the Premises.”
Most reasonable people would agree that putting a daycare next door to a Massage Therapy business that
share an adjoining wall would be catastrophic to the Massage Therapy business. Therefore , I contend that this
move will have a negative impact on my businesses as well as my own, my employees and my client’s general
welfare and this first general condition is not met.
#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.
Expanding the daycare to the adjoining space to my Massage Therapy business will most definitely impair and
decrease the value of my property/business. I will have a very difficult to impossible time selling the business
due to the noise that will be created by the occupant next door. No reasonable person would ever choose to
put their Massage Therapy business next door to a daycare and no reasonable person would choose to
purchase such a property.
#6. Will not involve uses, activities, processes, material equipment, and conditions of operation that will be
hazardous or detrimental to any person, property or the general welfare because of excessive production of
traffic, noise, smoke, fumes, glare or odors.
The playground will be feet from our front door and the front of our facility. It is our concern that the
excessive noise naturally produced by children on a playground will negatively impact the quiet sanctities that
client’s need, expect and are necessary for our business to continue. Currently there are no plans to
soundproof the front of the building. The noise of the children can be heard every morning as they pass by
our business to enter their school bus and every afternoon when they return. Our contention is that this noise
will be multiplied on the playground, will last for extended periods of time and is too close to our facility to not
disrupt our business.
We are also greatly concerned about the noise created during the time of construction. There will be no way
of mitigating or lessening that. It will be ongoing, disrupting our ability to do business.
Therefore, due to the excessive production of noise during construction as well as in the normal usage of the
playground and daycare facility, disruption to the adjoining business Simply Massage is inevitable and this
condition has not been met.
#7. Will have vehicular ingress and egress to the property which does not create traffic congestion or
interfere with traffic on surrounding public streets.
The current proposal recommends removing 2 parking stalls. Removing 2 parking stalls in the front row next
to the building eliminates all ready limited client parking. Many of our clients are mobiley challenge d. They
need and rely on being able to park within a few feet of our front door. We are concerned that eliminating
these parking spaces will eliminate the ability of these clients to come to our business for services. While we
provide relaxation treatments, we focus on health and wellness, working in conjunction with client’s medical
doctors providing supplemental treatments for diagnosed medical conditions of all kinds. Approximately 75%
of our clients come to us for treatments for medical conditions.
Performance Standards for Daycare Facilities:
#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.
The proposal recommends that there be four drop off/pick up stalls that shall have signage designating them
as such for the hours of 6am-10am and 4pm to 7pm.
This along with the above#7 condition puts these stalls directly in front of our Massage Therapy business as
well as taking the rest of the remaining parking stalls that are directly in front of the business and front door.
Thus eliminating all front door client parking for Simply Massage & Spa’s clientele.
As stated in regards to the above #7 condition. Simply Massage client’s need and have become accustomed to
being able to park within a few feet of our front door. Many of our clients are physically unable to walk
through a parking lot, especially in winter. If they are unable to easily access o ur facility, they simply will stop
coming. With approximately 75% of our client’s in this condition, losing this clientele will put Simply Massage
out of business.
Our lease states that we have full use of the premises. It is reasonable to expect that thi s includes the parking
lot and that our client’s will have ease of access to our facility as they always have. Limiting the time that
Simply Massage clients can park in front of our door limits their ability to come to us for services, thus limiting
our ability to do business creating a hardship for both our clients and our business.
I contend that this condition is not met as designating the parking stalls directly in front of the facility for the
daycare only clients not only breaches the terms in our lease, but also has a possible catastrophic effect on
Simply Massage & Spa as the adjoining business and co-user of the parking lot. As a tenant of the building I
ask that client parking and access to the building be fair and equitable.
#2. Outdoor recreational areas shall be locate and designed in a manner that mitigates visual and noise
impacts on any abutting residential parcels.
While Simply Massage & Spa is not a residential parcel, the adverse effect both the inside and outside noise
will have on a Massage business is obvious and has been addressed in #1, #3 & #6 above.
In addition to the above concerns regarding both inside and outside noise of general use of the expansion, we
are also greatly concerned about the excessive noise created by both t he inside and outside construction. We
are currently already experiencing disruption due to the inside construction that has started. We were assured
by the landlord that construction would be done outside of our business hours of 9am -9pm. Since
construction started in February we have had to go next door several times a week to advise the construction
workers that they need to stop working as it is within our business hours, we can hear them and they are
disrupting our business. This happened as recently as just yesterday. So the promise of not disrupting Simply
Massage’s ability to do business due to construction noise has already not been upheld and has already
disrupted our business.
**The schematics on page 10 showing the proposed expansion appears to be taking approximately 6 feet of
my break room for a total of approximately 24-36 square feet. This drawing is completely different than what
the landlord has advised me he wanted to do. The schematic submitted appears that this space has already
been reconstructed, it has not. Taking this amount of space from my break room will have a huge negative
impact on my business as it will require the relocation of my refrigerator, microwave, losing some storage
cabinets as well as overhead cabinets and lost space in the break room itself. We use both the refrigerator and
the microwave for business purposes so any loss of use of these items will affect our business. This is in
addition to the numerous issues construction inside my facility will cause. I do not feel my business should lose
space, be hugely inconvenienced and under stress so that another business can expand. It does not appear
that taking space from my facility is necessary for this expansion and ask that this be denied to protect the
sanctity of Simply Massage.
I am asking the decision makers to consider our concerns and the very real, adverse effects these expansions
will have on the business of Simply Massage & Spa. We respectfully seek a fair and equitable solution that
causes no harm to Simply Massage & Spa and allows both Simply Massage and Club House Daycare an
environment that both can thrive and grow. We ask that you do one or more of the following:
1. Deny the request in full
2. Require additional safeguards to prevent the expected adverse effects of noise from both inside the
facility as well as outside from the playground. Including criteria to mitigate the construction noise
both inside and outside.
3. Redesign the playground so that it is further away from the facility to lessen the noise i mpact as well as
not take away all the parking stalls directly in front of Simply Massage.
4. Do not designate the parking stalls in front of Simply Massage as day care pick up/drop off
5. If the Landlord is allowed to take space away from Simply Massage, require Landlord to submit
detailed proposal of the space he intends to take from Simply Massage as well as the logistics of how
every detail will be handled, including a timeline, how he plans to secure the facility as well as how he
plans to make Simply Massage break room usable again.
Thank you for taking the time to review and consider our perspective regarding this situation. Please keep me
advised and involved in the process so that we can work together towards a positive resolution that will meet
everyone’s need for successful business growth.
I look forward to hearing from you soo n.
Jenny Cisneros/Owner
Simply Massage & Spa
14465 So. Robert Trail
Rosemount, MN 55016
651-423-4900
651-494-2308 (personal cell)
info@SimplyMassageRetreat.com