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PLANNING COMMISSION SPECIAL 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 and the traffic light was
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.
The public hearing was opened at 6:47 pm.
PLANNING COMMISSION SPECIAL MEETING MINUTES
April 14, 2015
PAGE 2
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 needs.
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 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
PLANNING COMMISSION SPECIAL MEETING MINUTES
April 14, 2015
PAGE 3
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.
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.
PLANNING COMMISSION SPECIAL MEETING MINUTES
April 14, 2015
PAGE 4
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.
Respectfully submitted,
Amy Roudebush, Recording Secretary