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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 2 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 Page 1 of 1Print Preview 3/27/2015http://gis.co.dakota.mn.us/DCGIS/WebForms/Print.aspx?img=http://gis.co.dakota.mn.us/C... 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