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2k. Final Plat Approval: Lots 1-3, Park One Third AdditionJ 1 7 1 CITY OF aK CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -57ft" W CW Ad TO: Don Ashworth, City Manager FROM: Sharmin Al -Jaff, Planner II c � DATE: July 5, 1994 Io &*mm a cmnmi Da Submitted bo� SUBJ: Final plat to replat Lot 1, Block 1, and Outlot B, Park One 2nd Addition into Lots 1, 2, and 3, Park One Third Addition in an IOP, Industrial Office Park; located at the northwest quadrant of Dell Road and State Highway 5, Marcus Corporation On June 27, the City Council reviewed the preliminary plat to replat Lot 1, Block 1, and Outlot B, Park One 2nd Addition into Lots 1, 2, and 3, Park One Third Addition; a site plan for a 54,720 square foot warehouse expansion for the Press and a 10,315 square foot Kinder Care facility; and a conditional use permit for a licensed day care center in an IOP District. The City Council recommended approval of the request but asked that when the final plat is scheduled to appear before them, the plans must be signed by the architect. The plans submitted contains the architect's signature. The conditions of preliminary plat approval still apply. Final plat approval requires City Council action. The preliminary plat conditions,of approval were as follows; Councilman Mason moved, Councilwoman Dockendorf seconded to approve the preliminary plat for Subdivision #94 -2 for Fark fine 3rd :Add tion as, shown on the plat received April 13, 1994, with the .fallowing c9nditi9W: 1. Park and trail dedication fees to be collected per city 2. Provide the following easements: a. A standard 5 foot wide drainage did utility easement shall be dedicated along the common lot line between Lots 1 and 2 and 3, Block 1. b. Dedication of public right -of -way. MEMORANDUM Mr. Don Ashworth July 5, 1994 ' Page 2 C. A 15 foot wide drainage and utility easement shall be dedicated on the final plat ' along the west property line of Lots 2 and 3, Block 1 to facilitate the extension of the sewer service. ' 3. Enter into a site plan development agreement acceptable to the city. 4. A driveway or cross - access easement for use of the access of off 77th Street West. The easement shall be dedicated in favor of Lots 1, 2 and 3, Block 1. The easement agreement shall be drafted and filed concurrently with a private maintenance agreement acceptable to the city. 5. The developer shall obtain and comply with all necessary permits from the watershed district, health department, etc. 6. Erosion control measures (silt fence - Type n shall be shown on the grading plan. Silt fence shall be placed along the north property line where the parking lot for the Press is being relocated. STAFF RECOMMENDATION "The City Council approves the final plat for Subdivision #94 -2 for Park One 3rd Addition as shown on the plat received June 30, 1994, with the following conditions: 1. Park and trail dedication fees to be collected per city ordinance. 2. Provide the following easements: a. A standard 5 -foot wide drainage and utility easement shall be dedicated along the common lot line between Lots 1, and 2 and 3, Block 1. b. Dedication of public right -of -way. C. A 15 -foot wide drainage and utility easement shall be dedicated on the final plat along the west property line of Lots 2 and 3, Block 1 to facilitate the extension of the sewer service. 3. Enter into a site plan development agreement acceptable to the city. 4. A driveway or cross- access easement for use of the access of off 77th Street West. The easement shall be dedicated in favor of Lots 1, 2 and 3, Block 1. The easement agreement shall be drafted and filed concurrently with a private maintenance agreement acceptable to the City. Mr. Don Ashworth July 5, 1994 Page 3 5. The developer shall obtain and comply with all necessary permits from the watershed district, health department, etc. 6. Erosion control measures (silt fence - Type 1) shall be shown on the grading plan. Silt fence shall be placed along the north property line where the parking lot for The Press is being relocated." Attachments 1. City Council minutes dated June 27, 1994 2. Site Plan. Ci _ tv Council Meeting - June 27. 1994 ' SITE PLAN REVIEW FOR A 10315 SQUARE FOOT KINDERCARE FACILITY AND A CONDITIONAL USE PERMIT FOR A LICENSED DAYCARE CENTER IN AN IOP INDUSTRIAL OFFICE PARK, LOCATED AT THE NORTHWEST QUADRANT OF DELL ROAD AND STATE HIGHWAY S. MARCUS CORPORATION Sharmin Al -Jaffa Mr. Mayor, members of the City Council. This applicant appeared before you on June 13, ' 1994. You gave it conceptual approval. We requested that the applicant address the issues raised at the meeting. Several alternatives for traffic circulation were raised and studied by staff. As well as by the applicants. Based on the alternative that the applicant prepared, there are some conditions that we need to be deleted from the staff report. If you would kindly turn to page 7. Condition 4(b). Would need to be deleted ' regarding the turning radius... According to the new plan, the applicants will be able to have a truck turn along, through the parking lot and onto Dell Road as well as a school bus. The second condition would be number 18. It would be deleting the first two sentences which would be adopting RSF designs and eliminating the access onto Dell Road to a right out only. Eliminate that portion of the condition but keep the maximum number of parking stalls will be limited to 33. The third condition is number 20. This one, the City Council direct staff to investigate an east/west access point onto Dell Road. Engineering staff believes that this access is a better ' solution for this subdivision as a whole. However, if that option was implemented, it would extend the road through the totlot and playground area of Kindercare which would potentially eliminate the project altogether. And then condition number 22, which would require the applicant move the building 40 feet to the north would also be eliminated because again, the turning movements have been adjusted to where a school bus as well as ' fire truck could go through. The aerial won't be able to go through but a fine truck would be able to go through. With those changes staff is recommending approval with conditions outlined in the staff report. If there any questions, we'll be able to answer. Mayor Chmiel: Okay, thank you. Is the applicant here this evening? Is there anything that you wish to address that we haven't already discussed? ' John Dietrich: I'd just like to personally point out a few of the changes that we have gone through and some of the changes that we've addressed with the site plan and the revised site plan package that was submitted to staff with your staff report. The applicant, the Kindercare and the Press have put together this joint application and ' some of the major changes that we have done to the site plan have come through the comments and concerns from both the Planning Commission and City Council and we're very pleased to have tried to built in as many of those as we can so we feel this site and location is good for the applicant and will be good for the city. Ideally the change that we had talked about last time about closing off the southwest corner of the access to the parking lot between the Kindercare and Press, with that we've increased the impervious area, green space on the site and feel we have eliminated that issue of the cut thru traffic so that access to the Kindercare will come down this central road and into the Kindercare itself whereas access and parking for the Press facility will be more self ' contained. We feel it's better, that was a solution that the traffic patterns are more clearly defined and that we agreed to put those in. In terms of other access points we taken and made the 30 foot radius corners and we'll put those according to the city standards and we've discussed the access with the city Fire Marshal in terms of the type of vehicles that they will need to have coming through the site for emergency access and vehicle servicing. And we've also included that pedestrian access with a landscaped walkway and the designated crosswalks all the way through the entry access in the parking lot. The parking drive has been widened to 26 ' feet according to the staff report. In terms of landscaping, we have added additional plant material along this central island between the Press and the Kindercare and have made sure that we could incorporate that landscape buffer area of 30 feet behind the property line and to a distance back 75 feet so that the corner will have the opportunity to incorporate the landscape enhancement that is required by the city or staff and when the overlay district would occur. We have provided a landscape plan that we will be happy to modify in order to make this work with the entry—chosen as an area. The landscape area down in the corner has incorporated a berm. Approximately 3 1/2 foot berm above the grade of the parking lot and it is up about 6 feet from the center line grade of...so essentially the parking facility will be screened from view as will the majority of the parking in the Press parking lot from the berm that is existing long the southern area of the Press parking area today. The berm will be extended to the east so that it will incorporate and that undulating area will be landscaped ' and.. irrigated. In terms of signage. Signage will be within the setback and will be at a point of setback and will have a brick face according to and matching the building. The building will be a complete brick structure along with accents, ceramic tiles and a_ pitched roof. John Finnemore from Kindercare will address the issues of the architecture in a little more detail and I would like to just put the, go through a couple of the staff conditions that we have issue with in terms of how we have arranged the site plan so that we may address those as your comments come forward. In terms of the staff recommendations and the items listed under number one, site plan review. The trash enclosure will be constructed of brick so that it will match the building and we will , submit plans and details of that. The trash location is set back from the facade of the building so that it will be tucked up next to the western side of the building. Items 2, 3 and 4, we will fully comply with. Item (b) has already been complied with under 4(b). Items 5 and 6 we will comply with and condition and we submit the 10 , year storm calculations to the City Engineer identifying the capacity of the storm sewer and the catch basin system that has been revised and submitted. Items 7, 8, 9 and 10, we will also comply with. Number 11, turn radii have been completed. Items number 12 and 13, we will definitely comply with. Items 16. We will submit , the plans showing the current Press building at scale so that the Fire Marshal will be able to make their calculations for the fire hydrants and floorplans as necessary. Parking, item (b). Handicapped parking stalls have been provided on the site plan. At the Press, the handicap parking are located in the southwest corner with a sidewalk directly off of the stalls coming up the main entrance. At the Press, or excuse me, Kindercare. The ' two handicap stalls are located directly in front of the building. Item number 17. Rooftop equipment will not be visible. Item number 18. The number of parking stalls. Based on Kindercare's experience in developing this facility across the country, they have the opportunity to handle anywhere from 175 to 200 children and their parking demands are greater than the requirement as established by the city of 33 parking stalls. Where they have can, they have built up to 50 -55 parking stalls. They feel the number that they need to effectively operate is in the range of 44 parking stalls and that is the number that we have put on the plan based on the city, based on Kindercare's experience with this facility and having to work safely and effectively. Item 19 will be complied with. Item number 20. The access road, as Sharmin had indicated, would cut through the play area if it was to line up with the access to the Press. We feel the access modifications that have been made in the southwest corner and allowing the turning movements to come into Dell Road so that it would be a right -in and ' a right -out only, will adequately service this Kindercare site while keeping the Press facility separated. Then would allow this northern area, future potential for use of the Press without having a roadway cut thru and disrupting the central portion of the site. We are looking to maintain this site plan as it is being presented. Item number 21, I'd like John Finnemore to address. Item number 22. The building to be moved, will not be moved 40 feet. Again, we're proposing that it be approved in it's current location so that it would allow this corner lot to function as designed with the ability to accommodate the emergency vehicles. And lastly, item number 23. ' The access between the Press and Kindercare. Staff had talked about closing off this access point here. We feel for the Press release and effective use of the parking lot, both these access points should remain along the central 26 foot wide roadway system. Once at this point it definitely comes into the Kindercare facility, whereas from here to the north and allows the circulation through the parking lot without taking everything through this , northern parking lot into one road. And lastly on item number 2, Preliminary Plat. Item number 2(b). Dedication of public right -of -way. Based on the plat that is existing for the Press today, we are looking to re- organize and replat that existing property without going through and having the need for any dedication of public , right -of -way. All access that would come down the central road would be tied into agreement between the different parcels so they would have access rights pertaining to that central road but we do not see any dedication of public right -of -way for this site plan, or preliminary plat approval. John. ' John Finnemore: John's handing out some photos of a similar facility that we built in Texas. I don't know if they've made, if you've seen them before or not but ... I wanted to address the issue of the appearance of the building. Earlier in the meeting you were discussing your Highway 5 corridor study and one of the issues that ' 1 you discussed was that you wanted all the buildings to have a peaked roof, which we, that's what we're proposing. That is a peaked roof. And also, :there was some discussion that the roof seemed a little too high maybe compared to the front of the buildings. We do have that roof at 4/12 pitch which is the least steep pitch that you can have a roof in the Minnesota area by code that can handle the snow load so we've got it basically as the least steep as possible. Also too, part of the reason why we have a pitched roof is that front entrance, the main multi- purpose room as you walk into the building has a cathedral ceiling and you notice on these photos with the skylights and the ceiling area I think the photos may help in comparison to like an elevation drawing to show that the roof, when you look at an elevation you have a two dimensional photo or a drawing that doesn't show you the difference between that top ridge line and the front of the building ... set back a little more. We went and looked at the building down the road, that was mentioned, that had a pitched roof that was a little more attractive. I think that we basically, our roof accommodates a lot of those similar designs. We have a double facia along the building which is more attractive. We've got double hips on the building instead of one just large building and then inbetween those double hips we have the entrance area of the building which kind of breaks up at this point also. Additionally, we will not have any rooftop equipment. The other thing that's shown on those plans would be the vents which are not required by building codes, that they be there and we'll locate those to match the roof. And the shingles that we use are not just average... shingles. They are high quality, what's known as a dimensional shingle. It gives it a textured look and the color would be like a weathered wood so it wouldn't just be the real reasonable black roof. Finally, I think we're proposing a real attractive building for Chanhassen. This, of the 4 or 5 basic building designs that Kindercare has, this is our most expensive, our most attractive building. We feel we are going to be the entrance to your community so it's the most attractive building we have to offer and that's why we're proposing to go in your town. Additionally, at the request of the Planning Commission we did upgrade from our original design which was half stucco, half brick building to an all brick building. We've made that change. There are stucco columns around the building that have some color accents and there are some color tiles that have some accents and in all and all I just feel we would make a very good addition... Mayor Chmiel: Richard, any questions? Councilman Wing: Kate, or Sharmin? Can we go back to page 5, item number 22. It talks about the landscaping easement of 30 feet and the 75 feet to Dell and it states this condition has been met. So accordingly you transferred it over to the approval. One thing I wanted to clarify is that because we don't know what the gateway areas are or how they're defined or even designed yet, I'm concerned that we have the ability to revise and set designs and obviously if it happens before the permit, I guess it's the developer's problem. If it happened after that case, I'd certainly consider it the city's problem but regardless, as a condition, and I'm not sure where to put this in here, I'd like to make sure that, if you are suggesting this may be a good idea. That we have the right to change the landscape being designed or make revisions as the Highway 5 corridor develops. Again, it may become our liability but I think we ought to have that ability to revise that plan. I think that's all I had Don, thank you. Mayor Chmiel: Okay, thanks. Colleen. Councilwoman Dockendorf: I'm confused about well, a reckon understanding of what the difference is in the parking stalls. Why is there an issue with that? Where do we get our numbers from and where do they get their numbers from? Sharmin Al -Jaffa There is a ..that site. Our ordinance requires 1 stall per 6 children. The maximum number of children they can have is 200 and then we would require a maximum of 33 stalls. They're providing 44 stalls. The Planning Commission recommended that the number of stalls be reduced down to that 11 extra. Councilwoman Dockendorf: And I would suppose taking away the extra 11 would somehow provide some more 3 gr een area? Sharmin Al -Jaffa Correct. However, Kindercare states that they need 44 stalls. I Councilwoman Dockendorf. What else did I have? Councilman Mason: May I, it's a question that pertains to that. ' Councilwoman Dockendorf. Sure. Councilman Mason: With the percentages of impervious surfaces and what not, do they still meet the requirements with the 44 stalls? Sharmin Al -Jaffa Kindercare does meet it. 1 Councilman Mason: Thanks. Councilwoman Dockendorf. I think that's the other, besides saying that I really do like the revised circulation. I ' think that works much better. Much, much better. I'm glad we worked on that. And I guess I have to make a point in saying we did, in talking earlier about the overlay district, before we even pass it we're already running into a conflict with it in terns of parking in front but there's an ample amount of green space in front and with the addition of the, I think it was the 6 foot berm and the landscaping treatment, it works so maybe we do have to go back and look at our overlay district and make exception because I think on this comer, it works nicely ' with the parking out in front. That's the only comment I have. Mayor Chmiel: Good, Michael. Councilman Mason: Kindercare's set back what, about 250 feet? From Highway 5, give or take. ' Sharmin Al -Jaffa Actually 190 feet. I Councilman Mason: I was close. And there's going to be a 6 foot berm did you say? Sharmin Al -Jaffa It's a 4 feet meandering berm. ' John Dietrich: Above the parking lot but the elevation of Highway 5 is down lower a little bit and the parking lot will be appearing. ' Councilman Mason: It will look ... sure. John Dietrich: ...berm from Highway 5. Mayor Chmiel: How much lower is Highway 5 in comparison to where this berm's going to be? ' John Dietrich: In terms of elevations, Kindercare is supposed to be at 926 floor elevation. The parking lot is approximately 926. The top of berm, about 930. And then the Highway 5 is approximately a 925 -924 +. Mayor Chmiel: I was just thinking sight line as you're sitting in a car as you're going by. John Dietrich: So the sight line from a car you will be looking at the berm and not visible... I I Mayor Chmiel: I'm sorry Mike. ' Councilman Mason: No, no. You know this has gone through a whole lot of permutations and a whole lot of convolutions and this, that and the other thing. Quite honestly I'm impressed with what I'm looking at here. I like the way parking issue was resolved. I think the berm with the landscaping with still the city to have the opportunity to put more landscaping in front there if we so desire. It looks nice. ' Mayor Chmiel: Okay. Anything else? Councilman Mason: No. Mayor Chmiel: Alright, Mark. ' Councilman Senn: Just one follow -up question on Richards. The easement out there pretty much allows anything in terms of the future, as far as the landscaping goes, right? Sharmin Al -Jaffa Correct. It's giving the city the right to go in there. Councilman Senn: Go into the easement and effectuate whatever it wants then, okay. ' Councilman Mason: I guess there is one issue we should maybe chat about, is the parking. I'm a little, I mean city staff is saying 33. Kindercare is saying 44. What are we going to do about that? ' Mayor Chmiel: Well that's the only issue that really stands open for discussion. Councilman Wing: That is preliminary hearing. ' Mayor Chmiel: Yeah, this is still strictly preliminary but it still can be addressed at this particular time. ' Sharmin Al -Jaffa But it's not going to go. I mean we ran into the same issue last time. It's not preliminary necessarily. This is pretty much going to determine what it looks like, and I don't see it being resolved. I mean they've discussed it back and forth for a couple of months now. We're saying 33. They're saying 44 and that's where it stands. Mayor Chmiel: Well yeah but if they still meet the impervious... ' Councilman Mason: Yeah, and I. Mayor Chmiel: If it wasn't for that and the only thing I can see the additional parking for is for additional kids coming into that center. You can accommodate up to how many, 200? ' John Finnemore: Up to 200. One real quick thing on the parking lot. The way it was configured with the 33 stalls, it actually was just as much pavement. They were designed on a 45 degree angles and they did a one way ' circulation so there's no more asphalt with the 44 than there is with the 33. With the way the configuration is. So the impervious would stay the same. ' Mayor Chmiel: How many numbers or what is the number, 6 children per person? Is that what it is? Councilwoman Dockendorf. Per stall. John Finnemore: For teacher, for the ratios? Mayor Chmiel: Right. Y g John Finnemore: It varies. Like the infants are 4 to 1 and then that gets up to, the after to school kids are like a ' 20 to 1 so the overall average is somewhere between 6 to 8 per you know, which on the center of 175 to 200 people. Mayor Chmiel: Total staff. Total staff and maximum of 200. , John Finnemore: About 25. About 25 total staff. So you can see where if you've got 44 stalls, 25 of them are taken up by staff, that leaves what, 17 for parents. That's not a real over abundance of parking. ' Councilman Mason: Well I guess I understand where staff is coming from. I think in this instance I'm a little low to tell Kindercare they don't know how many parking stalls they need And with this impervious figure ' thing, I'm okay with 44. 1 mean with 25 staff, although I'd assume they're probably not there all the time. I mean even if you assume you have 20 stalls taken up with employees, that could get crowded I don't have any trouble with the 44. Mayor Chmiel: Kate, you were going to, you wanted to say something. , Kate Aanenson: Well I was going to make two clarifications on the parking lot where we the overlay district ' require parking in front. What it says specifically in the ordinance, parking shall not be located within the required minimum front yard setback. We're going to have instances where it's on the side. It's not in the minimum front yard. Obviously the desire is not to look at parking lots and try to put them on the side. ' However... instances where we're going to have some in front of buildings, just to make sure that was clear. Councilman Mason: That's a good point. Kate Aanenson: And where we can put them to the side or screen them behind a building, but when you have double fronted lots when you have a frontage road, it's going to be on one side or the other. Where this is in front of the building, it's not in the front yard setback so it's not inconsistent with the overlay district.-and that ' was the same question that DataSery had and I'll address that specifically in a letter. And the other thing too is just that staff, the ordinance requires a minimum. Again, if that's what they feel like they need for their marketing, we're not sure that that's... I Councilwoman Dockendorf. Thanks for that clarification. Councilman Wing: I want to be sure we, in the Highway 5 issues, study that at length because Bill Motrish and ' Barry and the group talked at length, what are we trying to accomplish. We want the buildings forward. We want the quality forward. We want all other, and I'm going to use the word debris but, because I consider cars in the parking lot and whatever, on the other side and there are going to be variances. ' Kate Aanenson: Right. Well and if you look at the specific charette design that went into each of those and specifically in the DataSery across the street from this, we looked at there's a narrow parcel between the frontage ' road. We looked at the parking between the buildings—it will be close to the road... Councilman Wing: There is an intent not to have your building facing front and the parking lot and the entry doors on the highway necessarily. And that was part of the design. Okay. ' Mayor Chmiel: You're right. I guess all the questions I was concerned too with the ratio of 33 to 44. But if they have met the impervious space there, or they meet that, it's not a concern. I can see if they look at that ' total number, they may need those additional spaces. But I guess I just don't, often times we don't have enough 6 � A n F spaces in many of the facilities that we put in and we have to make them comply with the minimum requirements. Here we're exceeding so I guess I don't have any concern with that. Again with the difference in the topos that are from the highway coming up towards the building, that should adequately screen it. And if you were to even just move that, we say 3 or 4. I'd like to just have us put 4 within it because I think that would take care of much of the concerns. But other than that, I guess I don't have any other questions. Any other discussion? We're going to need 3 different motions and I think we should go to the first. Councilwoman Dockendorf: I, with pleasure, would like to move that we approve the Site Plan Review for the Press and the Kindercare, deleting items 4(b). Item 18 in it's entirety, including the parking. Item 20 and item 22. Councilman Mason: Second. Mayor Chmiel: It's moved and seconded. Any discussion? Councilwoman Dockendorf moved, Councilman Mason seconded to approve Site Plan Review #941 as shown on the site plan received June 22, 1994, subject to the following conditions: 1. That the applicant must revise plans to include trash screening of the Press site and show the type of materials used to screen the trash enclosure on the Press site. Plans must be submitted for staff review prior to City Council meeting. 2. The applicant must obtain a sign permit prior to erecting any signage on site. The monument sign on the Kindercare site shall utilize brick as a base for the sign rather than metal poles. 3. The applicant shall enter into a site plan development contract with the city and provide the necessary financial securities as required for landscaping. 4. Meet all conditions outlined in the Fire Marshal's memo dated March 10, 1994. a. Submit utility plans showing existing and proposed fire hydrant locations. A determination will then be made if additional hydrants will be needed. b. Deleted. c. A ten foot clear space must be maintained around fire hydrants. 5. Concurrent with the building permit, a detailed lighting plan meeting city standards shall be submitted. 6. The grading/utility plan shall be revised to incorporate storm sewers in the parking lot's drive aisles for the Press. Detailed drainage calculations for a 10 year storm even shall be submitted to the City Engineer for review and approval. 7. The applicant shall apply and comply with the necessary permits from the appropriate agencies (MPCA, Watershed District, and City Building Department). 8. Silt fence shall be placed along the northern property line where the parking lot for the Press is being relocated. 9. A rock construction entrance shall also be placed at the driveway entrance to the Kindercare site off of Dell Road. 7 10. The applicant shall utilize the existing water service from Dell Road. Open cutting of Dell Road will be PP g prohibited. 11. The turning radiuses still need to be increased on 77th Street West and no parking signs posted along the ' main thoroughfare (drive aisle). 12. The driveway access point shall be constructed in accordance to the City's typical industrial driveway apron , detail. 13. The applicant shall provide the City with a security deposit (letter of credit or cash escrow) in the amount of ' $5,000.00 to guarantee boulevard restoration. All boulevards disturbed as a result of the site improvements shall be restored with sod. 14. Deleted. ' 15. Deleted. ' 16. Conditions of the Building Official's memo dated March 25, 1994. a. Submit a 1/8 " =1'0" scale plan of the entire existing building indicating dimensions and use of all spaces I and all floors. b. Revise site plans to show site approach details and handicap parking stalls in compliance with MSBC , Chapter 1340. 17. No rooftop equipment shall be visible from Highway 5, Dell Road or 77th Street West. The applicant is working on the design of the roof and will have a new rendering at the City Council meeting. ' 18. Deleted. 19. The applicant shall be responsible for all fees associated with the traffic study prepared by SRF. ' 20. Deleted. 21. Proportion of the roof size to the building wall height is incompatible. Architectural plans must be revised ' to reflect compatibility. The applicant shall bring in architectural drawings of the Kindercare building making it compatible with buildings in the surrounding area. The applicant is working on the design of the I roof and will have a new rendering at the City Council meeting. 22. Deleted. ' 23. The access between the Press and Kindercare via a curb cut on the center island running north and south shall be closed off and made into green space. All voted in favor and the motion carried. ' Councilman Mason: I'll move preliminary plat for both Press and Kindercare, items 1 thru 6. ' Councilwoman Dockendorf: Second. Mayor Chmiel: Moved and seconded. Any other discussion? ' a � I i Kate Aanenson: Can we make clarification on that? ' Mayor Chmiel: Certainly. Kate Aanenson: Do you... preliminary ... final at the same time? ' Mayor Chmiel: No, these are strictly all preliminary. As to what are these. Kate Aanenson: Just the preliminary plat. The rest of them you're not going to see. The only thing we're ' going to see again is for the subdivision and we put that on consent... Mayor Chmiel: Well I think Council indicated at the time it would come back to Council as well. Roger Knutson: ...mentioned and the preliminary plat's not mentioned here on the agenda item, is what Kate is saying. I don't see it. ' Councilman Senn: So it could be both you mean, or what? Kate Aanenson: No, it wasn't even noticed on here. ' Roger Knutson: It's not recorded, the preliminary plat is not recorded ..excuse me, was that approved at your last meeting? Councilwoman Dockendorf. I don't think so. Kate Aanenson: We did conceptual. ' Mayor Chmiel: Yes, it was conceptual. That's what it reads within. ' Councilwoman Dockendorf: It was that funny one that really was a table. Roger Knutson: Well even though it's not on your agenda, you really can still act on it. It's not a public hearing. So if you want to act on the preliminary plat... Mayor Chmiel: Yeah. It's contained within the information that we have here. Well alright, I guess you can move on it. ' Councilwoman Dockendorf. I'll move the preliminary plat. ' Councilman Mason: I already did that. Mayor Chmiel: Alright, all those in favor say aye. ' Councilman Mason moved, Councilwoman Dockendorf seconded to approve the preliminary plat for Subdivision #94 -2 for Park One 3rd Addition as shown on the plat received April 13, 1994, with the following conditions: ' 1. Park and trail dedication fees to be collected per city ordinance. ' 2. Provide the following easements: A f wide easement shall be dedicated along the common lot line a. standard 5 foot de dramage and utility ease g between Lots 1 and 2 and 3, Block 1. b. Dedication of public right -of -way. c. A 15 foot wide drainage and utility easement shall be dedicated on the final plat along the west property , line of Lots 2 and 3, Block 1 to facilitate the extension of the sewer service. 3. Enter into a site plan development agreement acceptable to the city. 4. A driveway or cross -access easement for use of the access of off 77th Street West. The easement shall be ' dedicated in favor of Lots 1, 2 and 3, Block 1. The easement agreement shall be drafted and filed concurrently with a private maintenance agreement acceptable to the city. ' 5. The developer shall obtain and comply with all necessary permits from the watershed district, health department, etc. ' 6. Erosion control measures (silt fence - Type I) shall be shown on the grading plan. Silt fence shall be placed along the north property line where the parking lot for the Press is being relocated. All voted in favor and the motion carried. Mayor Chmiel: And the final and the last. ' Councilwoman Dockendorf: I'll move the conditional use permit for the Kindercare site. Mayor Chmiel: Is there a second? , Councilman Mason: Sure. Yes. Second. Mayor Chmiel: Okay. Moved and seconded. And where on there are we making sure that we get that 4 foot , berming? Kate, are you sure that we're going to get that 4 foot berming? Kate Aanenson said something that was not heard on the tape. ' Councilman Senn: Change that one from 3 to 4 meandering to 4? Is that? Councilwoman Dockendorf. It's not an item. ' Mayor Chmiel: No. I Kate Aanenson: It's been done on the plan. It's shown on the plan that way so it looks the same... Mayor Chmiel: I just want to make sure it's at 4 feet. ' Kate Aanenson: You're accepting the plans with this being done. Mayor Chmiel: Right. Okay. We have a motion on the floor with a second. Any other discussion? If not, I'll call the question. Councilwoman Dockendorf moved, Councilman Mason seconded to approve Conditional Use Permit #94 -1 , 10 1 I subject to the following conditions: 1. Compliance with conditions of site plan and plat approval. 2. Obtain all applicable state, county and city licenses. ' All voted in favor and the motion carried. Mayor Chmiel: Oh, one other thing too. Make sure that when we get these back, the architect's signature is contained on there. They are not on there now. ' Kate Aanenson: The only thing you'll see again is the final plat of the subdivision. Mayor Chmiel: Well I want to make sure that what we approve now is consistent, okay? Alright. 1 I� � I i� 11