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HomeMy WebLinkAbout8.a. Club House Daycare Conditional Use Permit Amendment to Add an On-Site Outdoor Play Area EXECUTIVE SUMMARY City Council Meeting Date: May 20, 2015 AGENDA ITEM: Case 15-11 CUP Club House Daycare Conditional Use Permit Amendment to Add an On-Site Outdoor Play Area AGENDA SECTION: Old Business PREPARED BY: Jason Lindahl, Planner, AICP AGENDA NO. 8.a. ATTACHMENTS: Resolution, Excerpt Minutes of the 4/14/15 Planning Commission and 4/21/15 City Council, Excerpt Minutes from the 9/4/07 City Council and 7/24/07 and 8/28/07 Planning Commission, 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 include an outdoor play area in the northwest corner of the subject property, 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. The Club House occupies approximately 8,500 square feet and operates without an on-site outdoor recreation area. The amendment to the conditional use permit approved on April 21, 2015 allowed a 3,800 square foot indoor expansion. The proposed outdoor play area was tabled to a future meeting so that alternative locations could be reviewed due to noise concerns raised at the Council meeting. During the meeting the other tenant in the Center, Jenny Cisneros of Simply Massage, requested the outdoor play area be moved further from her business due to potential noise concerns. It was mentioned at the Council meeting that a location in the far northwest of the site would be acceptable to both Ms. Macchitelli and Ms. Cisnaros and the applicant has revised her application to 2 include this design. The Planning Commission and staff recommended approval of the applicant’s initial proposal that showed the outdoor play area adjacent to the northwest corner of the building. Staff’s preference is to have the play area as close to the building as possible to reduce potential conflicts between vehicles traveling through the parking lot and the children walking to the play area. An outdoor play area was proposed to be located in the northwest corner of the parking lot in 2007, when the daycare originally became a tenant in the building. On July 24, 2007, the staff and Planning Commission reviewed the conditional use permit application for introduction of a daycare at the site, which included the outdoor play area. The item was continued due to safety concerns about the play area location and the need to bring the children through the parking lot. The parking lot is served by two access points, from Hwy 3 and 145th Street and is shared by the retail mall and the bank. To access the northwest, children would need to cross at least one of the main access aisles. Ultimately the outdoor play area was removed from the request, due to expressed safety concerns, with the applicant indicating she would take children to parks in the community for outdoor recreation. To address issues raised at the last Council discussion, Staff has met with the applicant and Ms. Cisnaros to discuss potential locations for the outdoor play area. We have also tried to facilitate a meeting with the property owner, who has indicated he is unavailable. Because of the circulation system, it is difficult to determine a safe play area, which does not require traversing the parking lot drive aisles. Staff’s preference would continue to be immediately adjacent to the retail mall. We recognize this is not the preferred location of the other tenant and may adversely affect her business. With that in mind, Staff is agreeable to the northwest location with the caveat that a “off parking lot” walkway be established. The property owner had initially recommended a portion of the designed walkway be in the north, within the planted green space so that less parking would be lost internal to the site. Staff is modifying this idea to include an improved walkway along the entire north buffer, to be used for a play area accessway. Because the access would not be public, there are no ADA or width requirements. Staff is recommending as a condition of approval that the daycare bring their students out the front of the building and walk along the Hwy 3 public sideway to the newly constructed accessway. This provision would mean the children cross one of the prime access aisles at the public sidewalk crossing; where drivers would expect to experience pedestrians, rather than inside the parking lot. Installation of the approximate 3 foot accessway would be required prior to installation of the play equipment. The council should be aware that some existing vegetation may be lost to create the accessway. There will continue to be some green space between the retail mall and the library which also has an open space buffer. Both Simply Massage and the First State Bank have endorsed this design. RECOMMENDATION Staff recommends approval of the revised location for the outdoor play area in the northwest corner of the subject property with the condition that this design include an approximately three (3) foot wide sidewalk along the northern edge of the subject property from the proposed outdoor play area to the existing sidewalk along south Robert Trail. 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 approved the indoor expansion but tabled the outdoor recreation area to a future meeting so that alternative locations could be reviewed; and WHEREAS, the applicant has revised their proposal to relocate the outdoor recreation area to the northwest corner of the subject property; and 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 the applicable permits and payment of all applicable fees. 3. Conformance with the approved site plan including an approximate three (3) foot wide improved accessway along the northern edge of the subject property from the proposed outdoor play area to the existing sidewalk along south Robert Trail. The accessway must be installed prior to final installation of the play equipment. RESOLUTION 2025- 2 ADOPTED this 2oth day of May, 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 EXCERPT OF DRAFT MINUTES CITY COUNCIL REGULAR MEETING April 21, 2015 9.a. Club House Daycare Conditional Use Permit Amendment to Add an On-Site Outdoor Play Area Community Development Director Lindquist gave an overview of the application for a conditional use permit amendment to add an on-site play area. The child care is also expanding into another area of the center. Mayor Droste inquired about the flow of traffic. Council member DeBettignies inquired about the availability of handicapped parking spots. Jenny Cisneros, 14465 South Robert Trail., owner of the neighboring business, Simply Massage, stated that she is very concerned about the adjoining walls and noise issues. She is also concerned about the location of the playground and the noise coming from it. She is in support of moving the playground to the rear of the parking lot. She feels that the added noise from the construction and the child care will negatively impact her business. She asks that the council not delay the child care construction, but amend to allow for the moving of the playground. Council member Demuth inquired about the layout of the Simply Massage. Ms. Cisneros responded with the description of the premises. Community Development Director Lindquist stated that the City doesn’t regulate sound between the walls. This is an issue for the building owner and tenants. She also stated staff has concerns about the location of a playground at the back of the parking lot due to traffic flow. Mayor Droste inquired about discussions with the building owner and Simply Massage. Ms. Cisneros stated the owner in the past had indicated he would protect her interests. Mayor Droste inquired about the timeline for the application. Community Development Director Lindquist indicated that the application was made March 13th, and the city must respond within 60 days. Mayor Droste stated that if the Council tabled the discussion, council could act on it at the May 5th meeting. The owner of the child care was in the audience and indicated she would prefer an immediate approval for the interior expansion, but the playground can wait. Council members agreed to table the portion of the items regarding to the outdoor play area, but pass the interior expansion. Mayor Droste also stated concerns regarding children walking through the parking lot. Council member Weisensel stated the kids also walk across Highway 3. Motion by DeBettignies. Second by Demuth. Motion to approve a resolution amending the existing interior of the conditional use permit for the Club House Day Care Center located at 2975 145th Street West, subject to conditions. Ayes: Droste, Weisensel, Demuth, DeBettignies, Nelson Nays: None. Motion carried. EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING JULY 24, 2007 5.b. 07-30-CUP South Robert Square Daycare Center Site Plan Review and Conditional Use Permit. Applicant, Jayme Macchitelli requested a conditional use permit to allow a daycare facility in the existing building located at 2975 145th Street West. The site is commonly known as South Robert Square and until recently housed the Loch pharmacy. Planner Lindahl reviewed the site plan and the eight findings the Planning Commission must find in order to approve the conditional use permit. Also, Mr. Lindahl reviewed the standards required for daycare facilities. Chairperson Messner asked about the difference between the two easements required as conditions. Mr. Lindahl explained that the ingress and egress easement between the two properties is to insure both properties maintain access to 145th Street. The parking easement has to do with shared parking between the two properties. Chairperson Messner asked if the proposed outdoor play area left enough parking to accommodate the use. Mr. Lindahl replied that the City’s parking requirements are based on the use of the building but the Downtown zoning district does not have parking requirements. Commissioner Schultz asked about the location of the drop off area and the flow of traffic. Mr. Lindahl pointed out on an aerial map where the applicant proposes putting a drop off and pick up area. Commissioner Palda asked if the number of children using the daycare was known. Mr. Lindahl replied that the applicant would be able to answer that question. State license mandates the number of children per square footage of area. Applicant, Jayme Macchitelli, 13586 Dellwood Way, was present and approached the Commission. She stated she felt having the play area in the back would be more convenient since no one usually parks in that area. Commissioner Howell asked how it is proposed to get the children to the play area from the daycare center. Ms. Macchitelli responded that the children will be supervised as they walk across the parking lot. Chairperson Messner asked the applicant how she proposes to configure the parking lot around the play area. Ms. Macchitelli stated they would block off parking spaces next to the play area, and the play area will be fenced with a gate. Mr. Lindahl further clarified that the play area would be designated with signs and it would be clear to the public that the spaces closest to the play area were not for parking. Chairperson Mesnner asked the applicant if she’s had discussions with the other property owner. She stated she has not spoken with the other property owner; she was just recently made known of the parking easement issue. Chairperson Messner asked where the proposed drop off area would be. Ms. Macchitelli indicated on the aerial map 4-5 parking spots marked off for drop off and pick up areas. She stated she is expecting 60-70 total maximum children as allowed by the square footage of the building. Chairperson Messner asked if that requirement applied to the play area also and Ms. Macchitelli responded that no, not all of the children will be on the play area at the same time. Only about 15-20 kids will be on the play area at one time. Chairperson Messner opened the public hearing at 6:56p.m. Dr. Kurt Hansen, owner of the property approached the Commission and expressed his concerns with placing the play area next to the building affecting the traffic flow around the building. He stated that is why the applicant chose the back corner for the play area, not knowing about the parking easement with the bank. Dr. Hansen stated he has met with the bank and they may also express their concerns at tonight’s meeting. He stated his opinion that placing the play area in the corner would have the least impact on traffic flow in the parking lot and it is a more shaded area for playing. It will close a connection from one parking lot to another which will cause drivers to back out of the lot, but it should not create any problems. Another concern of Dr. Hansen’s is the fencing requirement of a 6 foot black vinyl chainlink fence. Dr. Hansen stated that State law requires only a 5 foot fence for daycare centers. He requests the Commission to allow the applicant to be able to choose between the 6 foot black vinyl fence or just a 5 foot regular chainlink without any vinyl. With respect to the parking easement, Dr. Hansen agreed there needs to be an agreement but doesn’t understand why the City has to be a party to or even aware of such agreement and it shouldn’t need to be a condition of approval. The play area will take five parking spaces away but then the bank will gain three parking spaces on the south side due to closing off the parking area. Dr. Hansen further stated that the drop off area next to the building will be active on two different occasions: drop off between 6:00a.m. – 9:00a.m. and pick up between 4:00-6:00p.m. The last item Dr. Hansen pointed out is that the applicant will not have the daycare license in place until the site is finished when the appropriate authorities can view the premises. Chairperson Messner asked Dr. Hansen if he has spoken with the bank with respect to the potential shifting of parking spaces back by the proposed play area. Dr. Hansen replied that yes, he has discussed it with the bank. Chairperson Messner then asked how the applicant proposes the parking spots by the play area will be used. Dr. Hansen replied that drivers will have to back out to the west using an area marked off for that purpose. With respect to the easement agreement between property owners, Chairperson Messner stated he did not see how the City could approve the conditional use permit without first knowing whether or not there was an agreement. Dr. Hansen said he had no objection to the requirement. Chairperson Messner asked Planner Lindahl where the actual property lines were located with respect to the aerial map and site plan. It was unclear as to the actual location of the property line but it appeared the play area proposed by the City would be located directly on the property line. Dr. Hansen also pointed out another option for a drop off/pick up area could be on the west side of the building. Mr. Lindahl responded by pointing out several difficulties with having a drop off area in that space. Dr. Hansen then noted that the applicant does not have a problem with the drop area that the City has suggested. Mark Toombs of First State Bank of Rosemount approached the Commission. He stated he has had discussions with Dr. Hansen. He stated he was at first apprehensive about the play area going in the corner and cutting off the parking lot access. However, the property line will go through the play area if it is placed next to the building. If the City requires planters to be placed along the property line, the Bank would ask that the planters not be placed on Bank property. As a result, the play area would have to be pushed to the east closer to the building. Mr. Toombs stated this would be disruptive to the parking area of the other building tenants. He also expressed his concern with the one drop off option in the area on the west side of the building due to bank customers backing out of the spaces just west of the driveway. Mr. Toombs stated he has spoken with Schwanz Surveyors who completed the survey for the Bank and they are trying to locate their copy of the survey. In the meantime, Mr. Toombs stated the blue line on the aerial map is a good representation of what he feels is the property line. Commissioner Schultz asked Mr. Toombs what the current snow removal consisted of. Mr. Toombs pointed out an area on the aerial map where the snow is usually piled, just south of the proposed play area. Commissioner Schultz then asked how Mr. Toombs felt the drop off/pick up area would affect the flow of traffic with the added difficulty of snow. Mr. Toombs replied that the recent amount of traffic in the parking lot has decreased and snow is usually removed in the off hours of the day and so he doesn’t expect it to be a problem. Commissioner Schultz questioned the height of the snow pile and whether or not there could be a problem with kids climbing onto the snow pile from the play area. Mr. Toombs responded saying they would move the snow pile a few feet from the play area fence thus making it difficult for children to play on the pile unless they left their supervisors and the play area. He stated that overall, he favors having the play area in the back corner, but that there would have to be a parking agreement between the owners. There was no further public comment. MOTION by Schultz to close the Public Hearing. Second by Palda. Ayes: 4. Nays: None. Motion approved. Public hearing was closed at 7:25p.m. Commissioner Schultz stated she was now more comfortable with where the applicant wanted the play area. However, she stated she would like to see additional signage or striping so motorists can see there is a definite walking path. Mr. Lindahl stated the Commission has the ability to add conditions if they so desire. Community Development Director Lindquist added that the point Commissioner Schultz is making about the extra safety measures simply reiterates the reason why staff suggested the play area be placed next to the building. Staff has talked to the City Attorney and with the conditional use permit, the Commission has some latitude with determining the conditions, but not so much with the site plan review. Staff drew the drop off area and the play area on the site plan, the applicant did not supply these details. Ms. Lindquist stated that the use has to accommodate the site and the site has to accommodate the use. She also stated that the City does not support the proposed drop off area in the west corner of the site. Chairperson Messner stated he would like to see a survey so the exact property lines can be determined. He also stated he does not like the play area next to the building for reasons stated by the applicant, as well as it being right on the property line. However, he stated he does not like the play area situated in the back (west) corner of the site because the children then need to walk across the driveway and parking lot to get there. Commissioner Howell stated her first opinion of the application was the site is not the right place for a daycare. She stated it would be nice to come up with another option for the play area but was unsure of what other options are available. Ms. Lindquist asked Mr. Toombs when he thinks Schwanz would have a survey available. Mr. Toombs stated he talked to Schwanz on Monday, July 23rd, and they said they would look for it. Chairperson Messner stated before he would be ready to make a decision on this application, he wants to see a survey, there needs to be an access agreement and he would like to see how the play area would look and how the children will get to it. Commissioner Schultz stated that with 60-70 kids being dropped off and picked up, she would like to see some type of stated traffic flow telling motorists which way to come and go so there’s one direction of flow. With respect to the play area, Commissioner Schultz stated the issue with the back area is the public safety with children walking across the parking area. She stated she would like to see extra striping and signage. Chairperson Messner recommended this item be tabled so the applicant can come back with modifications and more detail. There was no further discussion. MOTION by Chairperson Messner to table the Conditional Use Permit application submitted by Jayme Macchitelli until the applicant can come back with more detailed plans and a survey. Second by Schultz. Ayes: 4. Nays: None. Motion approved. EXCERPT FROM MINUTES PLANNING COMMISSION REGULAR MEETING AUGUST 28, 2007 6.a. 07-30-CUP South Robert Square Daycare Center Site Plan Review and Conditional Use Permit. The applicant, Jayme Macchitelli, requests a conditional use permit to allow a daycare facility without an on-site outdoor play area in the existing building located at 2975 145th Street West. The site is commonly known as South Robert Square. This item was last before the Commission on July 24th. At that meeting, the Commission held a public hearing and then tabled the item to allow the applicant more time to consider the location of the outdoor play area and provide more detailed plans. Since then, the applicant has revised their application by removing the outdoor play area. As a result, staff has re-evaluated the application without this item and is prepared to recommend approval subject to conditions. Mr. Lindahl reviewed the conditions required for approval. Commissioner Schultz asked about the access to Central Park with children crossing Highway 3 and whether or not extra signage or striping could be placed at the intersection making drivers more aware of children crossing. Mr. Lindahl provided an aerial of the area, noting that there is an existing stoplight and the crosswalks are already striped. Mr. Lindahl indicated that the City generally does not install those types of signs and it is unclear if a sign would even be permitted since Hwy 3 is a State controlled road. Commission Schultz asked the applicant at what point in Highway 3 would the children be crossing to get to Central Park. John Wuchko, 20046 Hoya Court, Lakeville, and Jayme Macchitelli, 13586 Dellwood Way, Rosemount approached the Commission. Ms. Macchitelli responded that they would cross at the stoplight at the intersection of Highway 3 and 145th Street. Mr. Wuchko, the applicant’s father, responded that they would cross the street with all of the children holding a rope with an adult on both ends. In some circumstances, the daycare may also bus the children to parks and other activities. Commissioner Howell stated she felt better now about the children crossing Highway 3 because of the stoplight and the crosswalk, rather than the children crossing a busy parking lot as previously proposed. Chairperson Messner pointed out that Central Park is only one of three options for available parks. Commissioner Schultz stated she is concerned that the people in Rosemount are not used to seeing children crossing that intersection. MOTION by Schultz to recommend the City Council approve a conditional use permit allowing a daycare facility without an on-site outdoor play area at the property located at 2975 145th Street West, subject to the following conditions: 1. Issuance of a building permit. 2. The existing trash enclosure shall be brought into and maintained in compliance with ordinance standards prior to issuance of a building permit. 3. Four (4) drop-off/pick-up parking stalls shall be installed as illustrated on the attached site map. These four drop-off/pick-up stalls shall have signage designating them as “Drop-off/Pick-up Only” stalls for the hours of 6 a.m. to 10:00 a.m. and 4:00 p.m. to 7:00 p.m. 4. The Employee Parking stalls shall be installed as illustrated on the attached site map and have signage designating them as “Employee Parking.” 5. The applicant shall submit copies all applicable state, county, and city licenses to the Planning Department for inclusion in the application file prior to issuance of a Certificate of Occupancy. 6. This application does not include an on-site outdoor play area. Should the applicant wish to add an on-site outdoor play area to this permit, they will be required to follow the conditional use permit amendment process as outlined in the City Code and pay all associated fees. Second by Schwartz. Ayes: 4. Nays: None. Motion approved. Mr. Lindahl stated this item would normally go to the September 18th City Council meeting but that the applicant has requested and the City has agreed to expedite the matter and move it to the September 4th City Council meeting. 1 ROSEMOUNT CITYCOUNCIL REGUALRMEETINGPROCEEDINGS SEPTEMBER4, 2007 preliminary CIPandinsurancebudgets, thePortAuthority- operatinglevy, thepreliminarylevyandthebudgethearingdates. HestatedthattheTruth -In- Taxationmeetingwouldbe heldonDecember 3. IfacontinuationisnecessaryitwouldbeheldonDecember 10. Mayor Drostequestioned when theTruth -In- Taxationnotices wouldbesent. Mr. May statedthenoticeswouldgooutbetween November 1 -15. Headdedthattheschool, county andspecial taxingdistrictshavedifferenthearingdates. TheCitymeeting isonlytodiscuss theCity'sportionofthetaxes. CityAdministrator VerbruggestatedattheTruth -In- Taxationmeeting anissuethatarisesis thevaluationofproperty. ThevaluationnumbersaresetbytheDakotaCountyAssessor's officeandcanbeappealed. HestatedthetaxrateproposedinRosemount isaflattaxrate from2007. ItwouldbethesixthyearinarowthattheCity- Councilhasreducedthetaxrate whichisaconsistentgoal. Hepointed outthatthepreliminary levysetsthemaximum amountoftaxlevywhichcanbereduced priortothefinaladoptioninDecember. Council MemberBaxterstatedthatthebudgetpreparationisanexhaustingtimeoftheyear Hewasimpressed withCitystaff, departmentheadsandCityAdministrator Verbrugge for takingtheprocessveryseriously. Hestatedstaffhasprovidedjustificationforthebudget numbersanddoesaverygoodjobofadhering totheCityCouncil'sgoalofreducingthetax rare. Theeconomic realities arethatthehousingstartsaredownanditmaybemuchmore difficultinayeartodealwiththedecisionsthatareneeded tobemade. HestatedtheCity Councilmakesdecisionsfornowandthefuture. HecongratulatedandthankedCitystaff fortheirgoodworkonthebudgetprocess. MotionbyDeBettignies. SecondbySterner. Motion toadoptaResolutionSetting thePreliminary 2008GeneralFundOperating Budget, thePreliminary 2008C.I.P. Budgets, thePreliminary 2008InsuranceBudget, thePreliminary 2008PortAuthority Operating LevyandthePreliminary2007Levy andBudgetHearingDatesRequiredbytheCityofRosemount. Ayes: ShoeCorrigan, Droste, Sterner, Baxter, DeBettignies Nays: None. Motioncarried. (Resolution2007 -81) 9.b. SouthRobertSquareDaycare CenterSitePlanReviewandConditionalUse Permit CommunityDevelopment DirectorLindquistsummarized thestaffreportandPlanning Commission action. ShestatedthatadaycareisconsideredaconditionaluseintheC -2 ZoningDistrict. Shestatedthatthedaycarefacilitywouldnothaveanoutdoorplayarea. CouncilMember ShoeCorriganquestionedtheparkingstandards. Ms. Lindquistreplied thatthezoningdistrictdidnothaveparkingstandards andthatthesiteplanwouldnormally address theparkingissues. Sheaddedthattherewillbedesignatedparking spotsacross fromtheentrance. MayorDrostequestioned ifthedropoffareawouldbestripedand marked. Hesaidthenumberissuewiththedaycareisthesafetyofthechildrenmoving through theparkinglot. Amarkedcrosswalkwouldidentifytheareawherechildrenwill 1 ROSEMOUNT CITYCOUNCIL REGUALRMEETINGPROCEEDINGS SEPTEMBER 4, 2007 crossthelot. Ms. Lindquiststatedthestripingcouldbeaddedasacondition. Council MemberShoeCorrigan questionediffourparkingstallswereadequate. Ms. Lindquist repliedthatitwasstandardtohavefourparking spacesandaddedthespaceswouldbe marked. CouncilMemberSternerquestioned themaximumnumberofchildrenthatcouldattend the daycare. Ms. Lindquiststatedtheapplicantwasinattendancetoanswerthosetypesof questions. JaymeMacchitelli, 15386DellwoodWay, Rosemount, statedtherecouldbeupto80 childrenatthedaycare. Shenotedthat30childrenwouldbeschoolagedthatwouldonly attenddaycarebeforeandafterschool. Ms. Lindquistpointed outthattheCityhadnot receivedthefinalbuildingplansfortheinteriorwhichwouldaffectthenumber ofchildren thatcouldbeallowed. MayorDrostequestionedhowchildren wouldgettoandfromschool. Ms. Macchitelli respondedthatabuswouldbeprovided. CouncilMemberShoeCorriganquestionedthe hoursofoperation andthetypeofschooling offered. Ms. Macchitellirepliedthatthehours ofoperationwouldbefrom6:30a.m. to6:00p.m. Thedaycarewouldhavetypicalactivities andwouldnotbeclassifiedasMontessori. Council Member DeBettignieswelcomed Ms. Macchitelli tothebusiness community. He alsowantedtoensurethatparentsarenotparkingattheentranceinsteadofparkingstalls Ms. Macchitellistatedshewoulddefinitelymakesureparentsweren'tusingthedoorasa dropoffstall. CouncilMemberSternerquestionediftheCitycouldbeheldaccountableforanyliabilityas partoftheCUP. CityAttorneyLeFevere statedthattheCitywouldnotbeexposedtoany municipalliability. CouncilMemberShoeCorriganclarifiedthattherewouldbesecuritymeasurestakenwith theaccesstothebuilding. MotionbyDeBettignies. SecondbyBaxter. Motiontoapprovearesolution grantingaconditional usepermitforadaycare facilityintheexistingbuildinglocatedat2975145tStreet Westwithoutanon -site outdoorplayarea, subjecttoconditions. Council MemberShoe- Corrigan offeredafriendly amendmentthatstripingtothesidewalk beincludedasacondition. Theamendment wasacceptedbyCouncilMembers DeBettignies andBaxter. Ayes: Droste, Sterner, Baxter, DeBettignies, Shoe- Corrigan Nays: None. Motioncarried. (Resolution2007 -82) ANNOUCEMENTS 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