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1j. Site Plan Review, New Horizon Daycare I ` " CITY O F P.C. DATE: May 3 , 198 �' C14:ANHAOSZN C.C. DATE: t\Icky 2-� l` 8c) 1 Y 1 � CASE NO: 89-5 Site Plan IIPrepared by: Hanson/v 4 1 STAFF REPORT 1 IPROPOSAL: Site Plan Review for New Horizon Daycare F- '4 = LOCATION: Lot 2, Block 1, Hidden Valley 2nd Addition I . i I APPLICANT: G. P. BAJR, Inc. 1100 International Center 900 Second Avenue So. 1 Minneapolis , MN 55402 I PRESENT ZONING: - BN, Neighborhood Business District IACREAGE: . 5833 acres tr DENSITY: 10.- Y �:._• IADJACENT ZONING -r AND LAND USE: N- BN; vacant A - --= ~_.__ IS- PUD-R; single family ,—_.___.__._._. .___ E- PUD-R; single family r' 2 e- IQ W- BN; commercial I [-12 WATER AND SEWER: Municipal services are available IPHYSICAL CHARAC. : Generally a level site I2000 LAND USE PLAN: Commercial I EN--- -, - ; -- -- ---- .7 . 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At the Board of Adjustments meeting of February 27, 1989, the Board unanimously denied the requested variances . The applicants appealed the decision to the City Council. Revised plans were submitted for City Council review. After the Board of Adjustment' s action, staff found the maximum occupancy of the ' facility was for 100 children and 20 staff. Based on this infor- mation, Council was advised the project did not meet parking requirements. The City Council reviewed the request and reversed ' the decision of the Board of Adjustments and Appeals by a 3 to' 2 vote. The approved variance allows for the following: ' 1 . Parking can be reduced to 16 spaces. 2 . The rear setback for the parking could be reduced to 5 ft. ' 3 . All parking area shall be setback 25 ft. from the front property line. ' 4 . The side setback on the west side shall be a minimum of 5 ft. ' 5. The building was to meet the 35 ft. front setback. 6 . No other variances from the City standards are allowed. ' ANALYSIS OF SITE PLAN ' The proposed building and the parking as shown on the site plan comply with the approved variances. The eaves of the building encroach into the setbacks , but the zoning code allows eaves to extend 2i ft. into required yards. The plan shows the trash ' enclosure and one HVAC unit located in the required setbacks. These are considered accessory structures and subject to setback requirements. Therefore, the trash enclosure needs to be located ' 5 ft. from the side setback as established by approved variances. The HVAC unit on the rear of the building needs to maintain a 5 ft. setback pursuant to Section 20-908( 5 )d of the the City Code. ' The BN district allows up to 65% coverage. The plans show 63 . 4% of impervious coverage. It is unclear how the gravel play area has been figured. ' The plans presented for the variance includes a landscape plan which indicated more plant materials than the plans presented for ' approval at this time. For the variance, the applicants proposed 19 trees and 69 shrubs . The landscape plan submitted with the Day Care Site Plan May 3 , 1989 ' Page 3 site plan shows 15 trees and 50 shrubs. Based on the zoning code, 17 trees are required. The intent at the time of the variance was that the site would be landscaped beyond city stan- dards as a means for compensating for the reduction in the set- backs which would be landscaped. The landscaping should be revised to provide tree canopy along the roadway. The spruce trees by the north edge of the parking lot area will conflict with the parking. A tree other than an evergreen should be used in this area. There is no detail for the retaining wall. If it is not at least 24 inches high, then parking stall curb stops should be installed to prevent cars from rolling forward and damaging the trees. These curb stops should also be installed on the other spaces to prevent damage to the shrubs. There are no limitations on fences in the front yard, but staff ' is concerned that the landscape buffer is not provided when the area is fenced even if chain link. Also the visibility may be hampered when leaving the property. Staff would prefer that the 25 ft. along the fence be landscaped and questions whether asphalt and gravel play areas are appropriate uses for the front yard. The applicant and Commission should be aware that Lake Drive is signed for no parking. RECOMMENDATION Staff recommends the Planning Commission table this site plan to allow for the applicant to make the following changes to the plan: 1. Relocate trash enclosure. ' 2. Relocate HVAC unit on rear of building. 3 . Revise landscaping to include at a minimum the number of materials as shown on the plans presented when the variance was approved. ' 4 . Replace spruce on north with other trees. 5 . Add parking stops to parking spaces . 6 . Revise play area to have landscaping along fence. 7 . An erosion control plan shall be included in the submittals . 8 . Typical sections of roadway and parking lot are to be shown on the plans for approval with concrete curb and gutter throughout the site. 1 Daycare Site Plan ' May 3 , 1989 Page 4 ' 9 . A construction/permanent easement by Total Mart will be required since the proposed utility is crossing private property. ' 10. Add sanitary cleanout to proposed 6-inch line between existing and proposed manhole. 11. Revise grading plan to direct surface water to Lake Drive East and not to neighboring private property. ' PLANNING COMMISSION ACTION On May 3 , 1989, the Planning Commission recommended approval of Site Plan #89-5 as shown on the Revised Site Plan stamped "May 3 , 1989" with the following conditions: ' 1. Final verification of the following conditions by the City Engineer prior to City Council review. a. An erosion control plan shall be included in the submit- tals. b. Typical sections of roadway and parking lot are to be ' shown on the plans for approval with concrete curb and gutter throughout the site. c. A construction/permanent easement by Total Mart will be required since the proposed utility is crossing private property. ' d. Add sanitary cleanout to proposed 6 inch line between existing and proposed manhole. ' e. Revise grading plan to direct surface wter to Lake Drive East and not to neighboring private property. Ellson was opposed to the motion because she felt that the pro- posed development was too large on a too small of lot and did not agree with the number of parking spaces . ' CITY COUNCIL RECOMMENDATION Planning staff recommends the City Council adopt the following ' motion: "The City Council approves Site Plan Review #89-5 as shown on the Revised Site Plan stamped "May 3, 1989" with the following con- ditions : 1. Final verification of the following conditions by the City Engineer prior to City Council review. um 1 f ' Daycare Site Plan May 3 , 1989 Page 5 a. An erosion control plan shall be included in the submit- ' tals. b. Typical sections of roadway and parking lot are to be shown on the plans for approval with concrete curb and gutter throughout the site. c. A construction/permanent easement by Total Mart will be I required since the proposed utility is corssing private property. d. Add sanitary cleanout to proposed 6 inch line between existing and proposed manhole. e. Revise grading plan to direct surface wter to Lake Drive ' East and not to neighboring private property. ATTACHMENTS 1. Memo from City Engineer dated April 26 , 1989 . 2 . Memo from Fire Inspector dated April 26, 1989. 3 . Application form with attachments . 4 . Letter to Patrick Hallisey dated March 29, 1989. 5 . Staff Report for Variance Request dated March 21, 1989. 6 . Planning Commission minutes dated May 3 , 1989. 7 . Revised Site Plan dated May 3 , 1989. I CITYOF cHANHAssEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 ' MEMORANDUM TO: Jo Ann Olsen, Asst. City Planner FROM: Gary Warren, City Engineer 4\ DATE: April 26 , 1989 SUBJ: Site Plan Review for New Horizon Daycare Facility File No. 89-6 Land Use Review Location ' This site is being developed by N. H. Chanhassen Partnership and is located on the north side of Lake Drive East just east of the Total Mart complex. ' Sanitary Sewer Service to the building will be provided by connecting to the ' existing manhole at Total Mart ' s easterly driveway. Caution during construction will be required due to the 4-inch service line to Total Mart located within the same area. A construction/permanent easement by Total Mart will be required since the proposed utility is located on private property. One cleanout on the 6-inch line will be needed between the new 1 manhole and the existing manhole. Water ' Water service to the building will be provided by tapping the 8-inch watermain at Total Mart' s easterly driveway with l inch ' copper line. The same caution and easements apply as outlined in sanitary sewer above. Streets/Parking Lot ' The site shows a 30-foot driveway with parking capacity for 16 cars . ' The developer needs to show detail drawings of the concrete driveway/valley gutter at Lake drive East and a typical section of the parking lot to determine the depth of material used . The driveway radius shall be 15 feet. um Jo Ann Olsen April 26, 1989 Page 2 Storm Sewer/Site Grading The site shall be completely graded to develop the building pad and parking lot configuration. No storm sewer is proposed as the entire site will have surface drainage only. This method will cause a problem in the southwest corner of the lot. Water in this area will be directed to the bituminous parking lot of Total Mart instead of having water directed to the storm sewer system of Lake Drive East. The grading plan should be revised so that all water goes to Lake Drive East. 1 All slopes 3:1 or greater shall have erosion control. No erosion control is shown on the plan and needs to be addressed. ' Miscellaneous The proposed New Horizon sign is encroaching on the dedicated I easement line along the north right-of-way line of Lake Drive East and should be moved to the north. A typical detail drawing for the concrete retaining wall and timber retaining wall needs to be developed for proper construc- tion. i Recommended Conditions 1 . Revised plans shall be submitted for approval that address ' the conditions and discussion contained in this staff report. 2 . An erosion control plan shall be included in the submittals. 3 . All side slopes greater than 3:1 will need erosion protection . 4. Typical sections of roadway and parking lot are to be shown on the plans for approval with concrete curb and gutter ' throughout the site. 5 . A construction/permanent easement by Total Mart will be required since the proposed utility is crossing private property. 6 . Add sanitary cleanout to proposed 6-inch line between , existing and proposed manhole. 7 . Revise grading plan to direct surface water to Lake Drive East and not to neighboring private property. 1 CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 MEMORANDUM TO: JoAnn Olsen, Assistant City Planner FROM: Mark Littfin, Fire Inspector ' DATE: April 26 , 1989 SUBJ: #89-5 Comments and/or recommendations : 1. Entire building and attic are to be sprinklered per Appendix E. 2. Detailed drawings of fire alarm and smoke detection system shall be submitted to Fire Inspector for approval. MI 4 _ 1 LAND DEVELOPMENT APPLICATION CITY OF CHANHASSEN 690 Coulter Drive Chanhassen, MN 55317 (612) 937-1900 APPLICANT: G. P. BAJR INC. OWNER: G. P. BAJR INC. I ADDRESS 1100 International Center ADDRESS 1100 International Center 900 Second Avenue South 900 Second Avenue South Minneapolis, Minnesota 55402 Minneapolis, Minnesota 55402 Zip Code Zip Code TELEPHONE (Daytime) 720-6723 TELEPHONE 1 REQUEST: Zoning District Change Planned Unit Development Zoning Appeal Sketch Plan Preliminary Plan I Zoning Variance Final Plan Zoning Text Amendment Subdivision 1 Land Use Plan Amendment Platting Metes and Bounds Conditional Use Permit Street/Easement Vacation X Site Plan Review Wetlands Permit 1 PROJECT NAME New Horizon Daycare PRESENT LAND USE PLAN DESIGNATION Commercial 1 REQUESTED LAND USE PLAN DESIGNATION No Change PRESENT ZONING B-N 11 REQUESTED ZONING B-N 1 USES PROPOSED Daycare Facility SIZE OF PROPERTY 1 LOCATION Lake Drive East - East of Hwy. #101 REASONS FOR THIS REQUEST 1 • 1 LEGAL DESCRIPTION (Attach legal if necessary) On plans 1 Ng I , . , , 1 t...,ANN... . Cr _. II , I ,,., u- ---,WO . 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VP D - N0I1VA313 1N0214 iiii •o-.I •... •n• s NOI1 A3l3 301S Eil n� ■ ■elllrM■H■- n't.■ 3:.. vrg,MIInPoI'_=YY_—= �., In v=ila+2e I'J1I�II1 nlml OiInYH n—i mm�nN�■ouminml nnwuwnnwlwnnllnunnnwnuw NuwNUI—ne11WWl MIMI N111111111111111.."..,— ■�I fill (-�■ i_! �' n-� _�I-_T _ J � . ' A 1-11= —IIIHIHIIHNtlNHI r. ,Ee`1�° • I I I .'141111111111111111111111 , -:=2"x.4,- 'sZ x(o-TREATED STUD] Y(gLL FACED w/ G" . i �6" TIiiC.1' CoNC.2E-rE (I. CED( R SIaNG, LN.t =O SLAB OZZ'O° — - 1I CORNER PoS75 sET 1144000 ,/ 3=0"INT0 Com'C. SE7 Po ST FLUSH w/ slolNc, I P LAN VIEW _ I 1 r"---'\7_, / .II CO l-V. b.4 1 RE C. E 5 •i4.41:4 i�i�i� 4- 7 W/ 5 L A'TS. P I l�E �i i�i�i�!�i�i LATGH DR poLT5 ���y���� 11 Ili-- - 1�1 ,` II II I1 I II IJ 3 TRASH ENCLOSURE scale' I/4 I'-d' I A.I - I I I II • INTRODUCTION ' New Horizon Enterprises has been in the Daycare business since 1971 . New Horizon is now interested in establishing a national for profit daycare chain . This will be accomplished by either developing new centers or purchasing existing chains in new markets across the United States . The philosophy and operations of New Horizon daycare centers in new markets will mirror those of existing New Horizon facilities and will make use of the seventeen years experience and success that New Horizon ' s management brings . The Company has targeted upscale daycare as its primary market . This consists of two major segments . The "near home" client of free standing specially designed centers and the "at work" client in leased space of upscale office developments as well as corporate, medical or educational campuses . ' While these segments are considered targets, Management will explore all available options in determining the most efficient way to penetrate a given market . ' New Horizon, listed as the 10th largest for-profit child care organization in the country in the January, 1988 , issue of the Child Care Information Exchange , is well positioned with the infusion of additional capital to become a national daycare provider and go public . 1 I BACKGROUND INFORMATION In 1971 New Horizon opened it' s first nursery school in Brooklyn • Center at the Lutheran Church of the Master and continues to serve over 100 children at that location each school year. In the early years, our centers were located within churches and ' we still have centers in this category. However, we have also expanded into commercial space, ie: Homart Corporation and our Eden Prairie Shopping Center location; Rauenhorst Corporation and our center in Opus II Complex; Garron Corporation and our center in Skline Square Office Park in Burnsville; Trammell Crow Corporation and our location at the exclusive office complex located on Hwy. 100 & 494; and others. We own and occupy a building in Plymouth that is also a full child care facility. Our latest addition is a beautiful center located in a free standing building on Minnetonka Blvd. & 494 , next to the Marsh. In July of 1982 the management group from New Horizon agreed to manage Building Block as a separate 501 C3 organization. In November 1985 New Horizon purchased Kinderhaus Child Care Centers . This acquisition consisted of two free standing buildings licensed for 160 children each, one located in East St. Paul and the other in Maplewood. New Horizon in conjunction with Abbott Northwestern Hospital and , Minneapolis Childrens Hospital opened a full child care center at 2733 Park Avenue in Minneapolis to fulfill the needs of both hospital employees and provide the type of quality care to be associated with their respective names . This association has proven to be of great value to all and is a continuing one. New Horizon is participating in a pilot program along with Normandale ' Community College. Normandale Community College is subsidizing child care while parents are completing their education. Our years of experience in child care have made us aware of the fact that our business requires constant attention and quality control is an important facet of the business . We have a director in every center, and each director has a degree in early childhood development . The director' s job is to oversee the daily operation of the child care center._ . She is responsible to a senior director and/or an area director who vis +.ts each center two or three times weekly. The area director seeks solutions, resolves problems and consults regularly with the Board . We feel it is extremely important for us to keep in touch with our centers through senior and area directors. I It is important to us at New Horizon that each child entrusted to our care feels good about who they are. Self-esteem is number one! ' Our certified teachers , assistants and aides are all required as part of their continuing employment to attend New Horizon Self-Esteem Workshops. Each staff person must have 40 hours yearly in-service training in the field of child care. New Horizon is one of the ' few companies that will help pay for additional schooling. A first aid course is also a requirement of all staff. Dedication is a necessity to provide quality care along with a genuine love of children. ' We try to make every parent feel comfortable and confident their children are receiving the best care available. ' Quality care is an important consideration in this day and age when many new mothers must return to work outside the home. Our centers provide a warm and healthy atmosphere that promotes growth for both parent and child alike. 1 i i I 1 1 11 New Horizon Child Care has been serving the Twin Cities metropolitan area since 1971 . It was founded by local residents William and Susan Dunkley. , New Horizon provides a full spectrum of child care programs from the 6 week old infant through the school age child. Our licensed facilities offer a special curriculum for each age group. Our curriculum provides both intellectual and emotional challenges presented in a manner that is fun for the child. A child is left with a feeling of pride in his or her accomplishments, which results in a joyous learning experience for the child. Our centers are open from 6:30 A.M. to 6: 00 P.M. Monday through , Friday. We are closed the six legal holidays. Children can enroll in 1 to 5 day weekly programs, or by the hour if preferred. Our tuition is paid weekly in advance before the week of service. Weekly tuition includes hot nutritious meals (breakfast and lunch) and snacks prepared on site. , Children are broken into their age groups in separate areas of the building in caregiver to child ratios of: I 1:4 Infants 1:7 Toddlers 1: 10 Preschoolers 1 : 15 Latchkey A director of each center functions much as a_ Principal of a small elementary school. All of our centers except New Hope and St. Louis Park. offer infant care (6 weeks to 16 months) . We have a very special infant program where not only the physical needs of the infants are taken care of but we spend hours holding, rocking and nurturing each infant in our care. We have a special curriculum designed just for babies pub- lished by Johnson & Johnson. This curriculum is full of activities that help a baby develop hand-eye coordination and small muscle coordination. Each day the activity card for the child is posted where the parent can check to see what activity their child is working on and at what level their child is performing at. We try to maintain open lines of communication between our infant room staff and our parents through our Infant Daily History forms . These forms give both caregiver and parent valuable information daily regarding the health and well being of the infant. • • 11 Our Toddler program enrolls children 16 months to 31 months of age. We have a specially designed curriculum specifically for toddlers. For example, since a toddler' s attention span is so short, ' all the songs, stories and finger plays all coordinate around a central theme for the day. This keeps the children from feeling lost and frustrated because they don' t know what is going on. The ' children are quick to contribute and truly enjoy learning. Our preschool group is for ages 31 months to school age. Not only ' do we have a stimulating curriculum for this group, but New Horizon offers numerous educational field trips throughout the year that complement the curriculum. We offer a wide variety of enrichment programs as well, such as Music, Dance, Karate, Piano, Computer ' and Foreign Languages. Our specially trained staff observe each child in our care to determine at which curriculum level the child will feel comfortable yet challenged. ' The curriculum is designed to increase school readiness and develop acceptable socialization skills. ' All of our centers offer a Latchkey program for school age children 6 years to 12 years old. We offer before and after school care and in addition, our facilities offer full day care for holidays and ' summer vacation. Because our Latchkey children are already involved in an educational program in their primary school, our Latchkey curriculum is geared to offer a wide variety of arts and crafts ' projects. The Latchkey children are also able to participate in a number of field trips on school release days and a wide variety of enrichment programs offered weekly in our centers. ' As in our Infant program, communication between parents and caregivers is very important to us. We have a daily report for parents of children in each age group, i.e. : Infants--Infant Daily History, ' Toddlers--Toddler Talk, Preschoolers & Latchkey--Preschool Press. These reports give parents a brief description of the daily activities each child participated in as well as any other pertinent information. I 1 1 March 29, 1989 1 Mr. Patrick B. Hallisey Blue Circle Investment 6125 Blue Circle Drive Minnetonka, MN 55343 Re: Case #89-2 Variance for Lot 1, Block 1, Hidden Valley Dear Mr. Hallisey: The City Council at the March 27 , 1989, meeting overturned the decision of the Board of Adjustments on the above referenced case. The City Council decision approved the request variance subject to the following conditions : , 1 . Parking can be reduced to 16 spaces . 2 . The rear setback for the parking could be reduced to 5 feet. 1 3 . All parking spaces, the direct access to the spaces and sidewalks are to be a minimum of 25 feet from the front property line and 5 feet from the rear property line. This does not include the access way from the street to the parking area. 4 . There is to be a 5 foot side setback on the west side of the property. 5 . The site plan needs to comply with these standards with no other variances. Your next step is to proceed with stie plan review. You should , set up a meeting with Jo Ann Olsen to go over the site plan requirements and schedule. If you have any questions regarding the approval of the variance, let me know. Sincerely, 1 Stephen Hanson Planning Director i it I r , ,. CITYO F c . __ , _, ,..\ 111 `�\ I CHANHASSEN �� ' `y, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 - - MEMORANDUM ✓ �' ITO: Don Ashworth, City Manager 4,, . FROM: Stephen Hanson, Planning Director IDATE: March 21, 1989 I SUBJ: Appeal BOA Decision on Case 89-2 Variance --3 -2.7 -r New Horizon Day Care Proposal Requests for Front, Side and Rear Yard Variances for Lot 1, I Block 1, Hidden Valley 2nd Addition were denied unanimously by the Board of Adjustments based on the following findings : I 1 . The present setback requirements severely limit the develop- ment of this parcel, however, variances to allow uses exceeding what was anticipated on the approved site plan are inappropriate. 2 . The variances are not necessary for the preservation and enjoyment of substantial property rights. I3 . The circumstances are a self-imposed hardship due to the size of the building being proposed for the site. ISince that time, the applicant has submitted a revised plan and a letter further describing their position. The revised plans have eliminated three parking spaces and reduced the size of one to a compact car space to move the parking spaces outside the 25 foot front yard setback which previously existed. I In reviewing the parking, the requirements for daycare are not specifically mentioned as far as specific number of spaces required. Staff had felt 21 as previously shown was adequate. I In reviewing the code Section 20-1118 states for uses not speci- fically mentioned in the code, the BOA should determine what is appropriate. In other day care facilities staff has required one stall per six children plus one per employee. A brochure I presented by the applicant at the BOA meeting states their building is designed to accommodate approximately 100 children and 20 staff members . Based on this occupancy, the required I parking would be 37 spaces, compared to the 18 spaces shown on the plans . The revised plan has eliminated any parking space from encroaching into the previous 25 foot setback, however, the I fl . , ( 4,- , I CITY' OF _. , __.:,, . 'A1/41:1,,, ' , , f._ ~ 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 „ , (612) 937-1900 MEMORANDUM TO: Steve Hanson, City Planner I FROM: Steve A. Kirchman, Building Inspector C44 DATE: February 15, 1989 SUBJ: G.P. Bajr, Inc. Variance Application I I West wall must be of 1 hour fire resistive construction with I parapets. All openings in west ;call must have a 3/4 hour fire protection rating. I I I I I I I I I I ow 1 � WILLIAM R. ENGELHARDT ASSOCIATES, INC. I Wo 16nyinze 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 55318 I (612) 448-8838 February 22 , 1989 vI I City of Chanhassen Z, c/o Mr . Gary Warren 76,4..-5/A'S c //ate� pf ''/.3 I690 Coulter Drive t t�C� Chanhassen , MN. 55317 1p LAO �0 I RE: Site Plan For Proposed Day Care G. P. BAJR, Inc. IDear Mr . Warren : `12: We have reviewed the site plan for the above named project . t We offer the following comments : IThe proposed driveway is shown as a 24-foot opening. We recommend a width of 30 feet to allow for better turning Imovements on and off of Lake Drive East . The driveway is located approximately 316 feet east of the I existing driveway into the retail center west of the property . This should be a sufficient separation for the driveways to function properly. I One slight problem I did notice when reviewing this plan in the field is the line of sight of Lake Drive East as you look west from the new driveway location . There is a slight curve in I the road where your line of sight is somewhat obstructed by the existing landscape berm of the retail center . I This probably will not be a problem when the exact location of the new driveway is determined . This problem may be easily corrected by a modification to the existing berm area to improve the line of sight from the new driveway . IIf you have additional questions or additional information is required , please advise . IVery truly yours , WILLIAM R. ENGELHARDT ASSOCIATES , INC. I 7,/,K,-l---:-.- 1 / /ire CITY OF CIIAINSSEN I William R. Engelhardt FEB 23 1989 I WRE/ las r e n c l . ( 1 ) ENGINEERING DEPT. 'pony a 5343 612/933-0409 e building shown on that plan, I'm ally construct that building. March 15, 1989 1 )wild on the property at the time .e considering at this time and received ledge, all zoning requirements that ordinance. at must be met for the granting 1 n those conditions. Ler would cause undue hardship and it of the present zoning requirements der the property unbuildable. ►ditions and circumstances which to the City Council regarding our variance request. lved and which are not characteristic os ig paragraph which the draft you reviewed on March ' s in the same district." to the zoning codes which have • shape of the property. 70 have exhibited in dealing with this matter. sary for the preservation and enjoyment Sincer y, that strict adherence to the present ✓ Patrick B. Halisey . Therefore, it follows that the Partner ' e preservation of substantial property its. nces are not a consequence of a ' result of the City changing the zoning , rior zoning requirements. Therefore, or adversely affect the health, safety the neighborhood wherein the property spirit and intent of this chapter." feel, very subjective. Our feeling posed facility will have a very positive rhood immediately surrounding the the property owners in the adjacent _ dances gives credibility to our feelings. MAR 16 1989 L4 I Y OF CHANHASSEN I .' , , C ' City Council City of Chanhassen March 15, 1989 ' Page 3 ' We have previously stated that strict adherence to present zoning regulations would render our land unbuildable. In support of that statement we have attached a plan showing the maximum building allowable under your present codes. This plan has two characteristics which render it unworkable; (1) It would be rejected in the marketplace as unusable for any of the 14 permitted ' uses allowed under the present zoning ordinance. (2) The generally accepted rule of thumb in land development is that once you surpass 4 square feet of land for each 1 square foot of building you stretch ' the economic viability of a development. This plan, if one could find a user for it in the marketplace, would require 7.16 square feet of land for each square foot of building. This represents 79% more land than the generally accepted economic guidelines. At the time the City of Chanhassen decided to realign TH 101 we voiced strong opposition due to the negative impact that realignment would have on the value of our 1 property. Despite the City's decision to go ahead with the realignment over our objections we pledged to work with the City in an effort to do all within our power to minimize the negative affects of that realighment. This request is in keeping with that pledge as, in our minds, the construction of a day care center would have a more positive affect on our adjacent shopping center than the construction of any of the other uses permitted under your new zoning ordinance. ,. We have tried to illustrate that no matter how the property is developed, if it is ever to be developed, it will require the granting of variances. In recognition of that need we respectfully ask that you grant the variance that we are requesting at this ' time. The granting of the presently requested variances would fulfill several positive and legitimate objectives without having an adverse affect upon the health, safety, or welfare of the City's residents. Some of those ositive objectives are; P J (1) Allowing the property to be developed immediately, thereby maximizing the economic benefits to all concerned. This includes those bodies receiving property taxes within a community that has a very high rate of taxation. 1 (2) Fulfilling a need that presently exists within the community. ' (3) Being responsive to the desires of the residents that have expressed strong support for the granting of the variances. (4) An expression of the City's desire to work with us in an attempt to maintain the highest level of property value possible in the face of changing circumstances. City Council City of Chanhassen March 15, 1989 Page 4 The decision you reach on March 27th regarding this request will have great impact upon our property rights and value. We thank you in advance for your thoughtful consideration of our request. We hope that we have the opportunity to fully respond to any and all questions you may have prior to your formulating a final decision. Sinc-rely, Patrick B. Hallisey Y Partner PBH/dmm/7 I 1 I I r I I 1 I IIII I I I I I I I I iii iliii I I I I I I iiii MI I ll I li 1.1 I I IN i I I i a NM iiiii ME al. I I I I I I I I I I IIIII En .ij.. ..-- --- 1---- A -.....„. . .,-- trz-I.AA3ciut-Ae_ -( -J__clac,/_ . ...1,-t-_A...-4.-c,,,r r a.° r.w-s. 0.1. k,...( wes..n.,....w., MN). 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',....7,10,,7.7.1'SiZ41/4.34,Zii:-.7%-ii.i.,,liel;.; :' • .. .. / 1 As a resident of Chanhassen most directly affected by the proposal to build a New Horizons day care center adjacent to the Total Mart I shopping center, I wish to express my support of that proposal. Having reviewed the proposed plan, I like to urge the City, for the benefit of the 1 City of Chanhassen in general and our young family neighborhood in particular, to grant the requested variances that appear to have no adverse effects and would allow for the construction of that day care center. ' Signature Address Date alftb1,;h-.. 0 al 8> I6 X00 0f ,2111 M. 1 01.# ,.i/ - -E g 2O 1d) C- Dpi e l 1 . /lapz, er ,- -A-) ,a(9 ) )fribNa),J Q-7-, 2-715. ja-.7 I a - 7/7/ - , ./,/ --- W. /-g 9 t 1 4-i)k .4g( / iJLC� oz,/ic 1 . . Ors! gig/ Hi hie„ G'i< . Z /77 �. 1 /, 8D9 ( wou, I . f.t 43091 I-li 1:›77 Er m CT. Z-J9 - 3c) "6%4 - . '(//' . ?di4 /(Z4/. ',' : Z--/ 1--(r . / / oQ rope 1 A_. 'IP -414 - sl`13 1 i)J , / c/ 1 &,,,,,,,,z_ /,7 5 M11-45N z_ 255 g5 ( 3 / � =; i _ J � ) -1, /.4i, ,./(4;/ . .2 - 2_12,- - , F , ii A i,-,1 r _ ,:),-;/' ,/ _ I 1 I IN 1 d As a resident of Chanhassen most directly affected by the proposal to ' build a New Horizons day care center adjacent to the Total Mart shopping center, I wish to express my support of that proposal. Having reviewed the proposed plan, I like to urge the City, for the benefit of the ICity of Chanhassen in general and our young family neighborhood in particular, to grant the requested variances that appear to have no adverse ieffects and would allow for the construction of that day care center. Si. Awe) Address Date 6 /, ( z • / I , , , ? , O / f--iv I PI. 4( . ' .6( i-Uazg, 6446. 0_ ILF-7 1 nAk p ) gotb Ir�4� c� I-( s-207 LEItLALL00-0___ g‘,0,31) 00:a.et_o_v_c=x,„ (9,- 1 r_rcy 1 ' 1 . . . . I ' � f :fin ,�, ((?f 1 226,,Z,/ _ )' 06,„?. 77- J-o2. /(-� °�—, G//c l cP c( I --Pc,,,„A__ s_ Rc„__,, c.,_ -- Lio LI_ cicie.0 Di z-)/ ) ,,, C ,,, !?/ / ._: '/� a- 1 /i / i —/i- 77 ..: .I 1 Otir ,29-0 it cam Lam D el. / 41‘054- t'ogktc c=7- - Q9 I Awk-a, &_0,c 2,7/ Akc(,1/4,, Zat-t.e 2-/ S-- - Y; COriek gaurafh? ,3/ M die. Z- / -8? I /ag'kI/V l roP V -/\/ z//Vg, I I - 06 ( l D. !,,,i/ 77(7/V I . cc. 7- d.w . . I v P. 44 - ( -- . . 4.( t. (. .1 . chi VCI # (6d7- . Z . ef' I Planning Commission Meeting May 3, 1989 - Page 18 2. Additional landscaping shall be provided along the northeasterly and easterly lot line of the site. 3. An additional fire hydrant shall be located at the northeast corner of II the second building and that the fire hydrant located between the two buildings shall be moved to the end of the middle of the driveway. 4. The land use will be amended to residential high density. 1 5. All side slopes greater than 3: 1 will need erosion protection. 6. Watermain looping and hydrant locations shall be included in the ' submittals , including valves . 7. The sanitary sewer system shall be 8 inch PVC main line with 6 inch PVC house services conforming to City standards. 8. Typical sections of roadway and parking lot are to be shown on the plans for approval with concrete curb and gutter throughout the site. 9. All necessary permits for site construction shall be obtained . ' 10. The developer shall supply hydrological data showing that surface drainage will not erode the existing ditch system. All voted in favor and the motion carried. SITE PLAN REVIEW FOR DAYCARE CENTER ON PROPERTY ZONED BN, BUSINESS NEIGHBORHOOD AND LOCATED ON LAKE DRIVE 1/4 MILE EAST OF HIGHWAY 101, G.P. BAJR, INC. ' Steve Hanson presented the staff report . Conrad : For our clarification on what we are to do tonight , the variances ' have been granted? Hanson : That ' s correct. Conrad : So it is not our role to critique , even though we will , the variances. They are granted . So as we review this tonight, I believe our role is to assume that those variances are already, the applicant has received those and now we' re looking at how this site plan conforms to our rules but also including the variances that have been granted . If that ' s not confusing but I think it ' s important that we understand that that ' s how we have to review this . I think we should turn it over and have some comments from the applicant just to react to staff report and maybe talk about some of the questions that you know we ' re going to ask you and maybe anticipate those and help us understand what you ' re doing a little bit more. Randy Peterson : Okay. I 'm Randy Peterson . I 'm the representative for the developer that' s doing the New Horizon Daycare Center over there. 1 No II Planning Commission Meeting 11 May 3, 1989 - Page 19 II Staff did an excellent job explaining through it . Basically we have no problem with the two conditions that they have. The reason we did not address it on that site plan was to find out if, and I guess staff has no I problem this, that we place them in front of the fence in the play area . It' s rather difficult to put them in there with the children in there. As far as the parking situation, we have adequate parking. I have representatives from New Horizon here. I have a contractor here . I have II the land owner . Property owners from around the area if you have any of those questions . Basically I guess a couple of you are probably aware of or a few of you are aware that with 16 parking stalls using 8 staff people II at any given time, that allows us 8 stalls for the drop off and pick up of children. Using this with a very conservative factor of turning them over every 15 minutes , which would be each stall would rotate then 4 times in I an hour, you would have 32 parking stalls for the use of the people coming in there and we have approximately 20 to 25 drop offs per hour at the peak hours which are 2 hours in the morning and 2 hours in the afternoon. I ' ll let kind of stay right there and if you have any further questions you can II definitely ask of any one of us. I think pretty much that is everything I would like to say at this point and kind of open it up for questions . IPat Hallisey: I don' t want to get in the way of questioning . My name is Pat Hallisey. I am the property owner . I represent Blue Circle Investment Company. We' re the people who own the shopping center next door and this property selling it to Mr . Peterson' s partnership for the IINew Horizon ' s Daycare Center. I guess the thing I want to impress upon you folks is that we have made a fairly major investment in your community and have been here for about 2 years now and we are concerned. We 've I heard a lot of expression about concern of value and what goes on in the community. We plan to stay here as a property owner for many, many years . That was our intention when we built our project to begin with. There I have been things that have happened on that corner that have changed the circumstances surrounding the land and it' s use . Changing the zoning . Changing of future road patterns and whatever. One of the things that we ' re attempting to do is maximize the value of our property. We feel I very, very fortunate. Approximately a year and a half ago we were approached by a different daycare operation and as we are concerned with the value of our property, we spent some time investigating that daycare I operation and we found that it didn' t really have a very good reputation . We refused to sell them the piece of property. We feel , as their neighbor and a major property owner in the community, we feel very, very fortunate I to have the opportunity to have an operation the quality of New Horizons as a neighbor . We just wanted to let you know that and if there ' s anything else about the property or any questions , I ' ll be happy to answer them. ISue Dunkley: Hi . I 'm Sue Dunkley, president of New Horizon Childcare Centers and I just wanted to address the one issue that I think I heard I about maybe the playground of the pearock. We were fortunate enough to have been on Michael Breen ' s program on Channel 5 news and quoted as being one of the more expensive per square foot childcare centers with a lot of II safety cautions in mind in the building . They particularly noted the wall carpet on our walls for children that are this high walk into walls and those kinds of things and one of the things they did was a study on our II Planning Commission Meeting May 3, 1989 - Page 20 ' playground . Our playground has proven to be one of the very safest ground I covers so I was hoping when you were looking at that kind of thing , the pearock was allowed to stay in our playground . We' ve been in business for 18 years and have 27 locations and we've tried sod which looks beautiful for about 3 weeks but with little feet trampling it, it never stays . You can ' t seed it because they' re out there and it becomes dirt and it becomes mud and although you love to see the green grass inside the playground , we want as little green grass inside as we can and green grass the whole outside of the playground for them to look at while it' s sprinklered and has underground sprinklers. But the pearock is great because it stays soft even in the middle of our hard winters so if a child does fall , the pearock cushions them and there has been so few accidents on the playgrounds that put the money into pearock which is a lot more expensive than grass but we feel very strongly under our pieces of playground equipment that we' d like to keep the pearock and it is a nice look. So we' re hoping that that doesn' t change in your discussions any and I 'm here for any other questions you might have. We' ve also been trying to be in Chanhassen for 2 years. I know Brian (speaking to Ladd) you were here I think 2 years ago when we tried the bond issue property behind the gas station and didn' t get that one for soil condition reasons and then you were kind enough to approve a center for us in the industrial park. We were all ready to go on it and our landlord backed out on that one even though you were all 100% for us and we have about 45 families that call me once a week asking when our center will be open in Chanhassen so we sure hope it gets open pretty quickly. Thank you. ' Uli Sacchet: My name is Uli Sacchet. I live at 8071 Hidden Circle. Ladies and gentlemen from the Planning Commission. I just want to make sure that you' re aware that the neighborhood of Hidden Valley was very excited of the prospect of having a daycare center this close and I would hope that the little petition that we put together just to show some of our support might have come to your attention too . It was unanimous support. I went around and talked to some of the people and everybody was excited . Everybody thought it was great to have a daycare center that close. Now I 'm not an expert of what the technicalities are with variances and safety procedures and so forth. I guess ideally we would want to have a daycare center somewhere in the woods where no cars drive by but I just wanted to make sure you undestand that the neighborhood is II in very strong support of that project and we would recommend that this is allowed to happen . Thank you. Erhart : That' s true that the New Horizons site in the industrial park is not, that' s not in the plans anymore. Sue Dunkley: Gone . He doesn ' t want to do it . We do. ' Erhart: Yes , who was the landlord again? Sue Dunkley: Hyttien . We went through all the procedures and were ready , to go and they turned it down at the last minute . Erhart : Yes , that is unfortunate . I wasn ' t trying to get into these , variances, I was just trying to understand. Explain to me again on the 1 Planning Commission Meeting May 3, 1989 - Page 21 ' spaces again . You feel the 16 is adequate yet you have 25 changes in a 2 hour period so that requires how many stalls? Sue Dunkley: Okay. In the centers we have now, and they' re all licensed for about this many, around 100 children, we've done studies to show that we have about 8 staff cars parked at any one time. Some do drive with others. Some have their husbands drop them off . Whatever. reasoning . We have 8 staff cars maximum in our largest center parked at any one time and that still allows us 8 parking places for parents and we have sufficed . For instance, we' re in the Trammel Crow building in Normandale in Bloomington with just 4 parking stalls for parents. Parents who trusts us , a parent who drops off for the very first time will stay 15 minutes. Rarely do these parents, are fortunate enough to have 15 minutes in the ' morning when they've gotten 2 children up and ready and dressed . They usually run in pretty fast and out pretty fast. They have the children by their hand . We require them to sign them in in a sign in place in the front of the building and then deposit the child in the classroom to the ' teacher for they have that ability but you 'd be surprised how fast they can do that. Get through there and get back out to work so we feel we have more than adequate parking with 8 stalls and our parents come between 6: 00 and we have so many professional parents that come even late. It used to be 6 : 00 to 9 : 00. We have parents that drop off as late as 10: 00 in the morning now. ' Erhart : 100 children , on the average what every parent has what 2? Sue Dunkley: Almost 30% of our families have 2 children so you' re looking ' at about probably 70 cars , not 100 cars . We have one family with 4 children and that gets quite expensive but on the average, 30% have more than one child so you' re looking at 70 cars coming in and out of 8 spaces in about a 3 hour stretch in the morning and about a 3 hour stretch in the afternoon . In that time range and at that time , the nice thing about that, at that time our staff is also leaving. They' re coming and leaving so it also opens some staff parking also . We' ve never had a problem yet with parking . The only time New Horizon has ever had to make arrangements for parking is when we have the parent programs in the evening and the open house and we are sure our good neighbor will allow us to do that II twice a year and make arrangements for the parents to do that. Come and see their children perform but we haven ' t had a problem at this point. ' Erhart : Thanks . The HVAC was then moved in front of the building? Randy Peterson: Yes . Erhart : And then that ' s going to be surrounded with some kind of an opaque fence or what? What' s that on the plan? Randy Peterson : That will have a fence around the HVAC. Erhart : What was going to be in front of the building before? Just windows? Is there windows on that side of the building? IRandy Peterson: Yes . is Planning Commission Meeting May 3, 1989 - Page 22 Sue Dunkley: I have a picture if you 'd like to see it. 11 Erhart: Is the HVAC going to cover up a window now? ' Randy Peterson : No , it will be below. Erhart: What I 'm getting at here is what' s this thing going to look like from the street? Normally if you have a brick building with windows it fits in. Now you put HVAC equipment on the outside, I just want to make sure that it' s not. . . ' Contractor : It looks like basically a condenser unit on a residential house. That' s basically what it' s going to look like. Erhart: I know what it' s doing but we don ' t allow HVAC equipment in people' s front lawns either . Contractor : What will eventually be the front of the building is more like the side. The front faces Lake Drive. Randy Peterson: The front faces east . This would be all landscaped . ' Basically what it would look like is some type of a planter type set-up. Erhart: Anyway, you've taken into consideration. Steve, are you , satisfied that that thing is going to be aesthetically acceptable in front of that? I consider that the front of the building . Hanson: I would too . Erhart : Anyway, that' s just a point that I 'd ask you to moniter that . ' Again, you have the same situation with the trash. I 'm trying to accommodate this building here. We' re putting some things in the front that normally you find in the rear and I just want to make sure that these things are adequately covered up. Not to adversely affect the value of your neighbor or the value to the neighborhood. What kind of fence is around the play area? Is that a Cyclone chainlink fence? Randy Peterson: Yes . Erhart : How high? Randy Peterson: About 4 . Sue Dunkley: Our kids are only 2 feet so 4 feet is good . ' Erhart: Is there going to be any kind of landscaping in front of that fence between the sidewalk and the fence or does the fence go right up to the sidewalk? Hanson : It goes up to the property line . Erhart: Oh there is no sidewalk on this is there? El Planning Commission Meeting May 3, 1989 - Page 23 II IHanson: No . II Erhart: Currently is there a trail or a sidewalk going along Lake Drive East now? Pat Hallisey: No there' s not . There' s nothing in front of our property. IIErhart: And not on the other side either? IUli Sacchet : To my recollection , there is a sidewalk on the side. . . Erhart: On the south side. IIUli Sacchet : It' s 3 feet wide. . . Erhart: Yes, that' s on the south side of Lake Drive. IUli Sacchet : North side. IErhart : Then that would go right through this property then wouldn ' t it? Olsen: It' s in the right-of-way. IIRandy Peterson: There' s no sidewalk on our property. Conrad: It says existing walk on the plan. IIErhart : So does the fence go up to the existing walk? II Hanson: Yes . Conrad : Is there a walk or not a walk? I Erhart: Yes , for your information there' s a walk. So the fence goes up to directly adjacent to the walk? IIOlsen: The property line, yes . Hanson: There is probably about a 6 inch . The sidewalk is going to be IIoff 6 inches from the property line. Erhart : Is that of any concern? I guess my preference and I think I realize the constraint that you have with space here. I don' t have I experience with daycares or probably will have within the next year so I 'm just trying to conceptualize if that would be difficult. You guys probably have experience but I just point out that the fence goes to the I sidewalk and maybe you can see if there ' s any potential problem with that . The northeast side of that is essentially all woods in there or all landscaped at this point. One of the things I guess regarding evergreens in a narrow section like that , I think putting deciduous trees in there is I fine. One thing you can do with evergreens if you ' re concerned about running into the street , it' s something we' re going to have to do in II Planning Commission Meeting 1 May 3, 1989 - Page 24 ' downtown here as these evergreens get bigger on the south side, is you can trim them up. They don' t look quite a nice but it does solve the problem. The one last thing I had was , one of the original requirements you had to add parking spots to parking spaces and then it goes on they have to have curbs. I don' t understand that . Item 5, you have add parking . Ellson: Stops . Erhart : Then item 8 you' re required curbs . Hanson: The parking stops are, I 'm asking for those to be added so you can ' t drive all the way up to the curb. If you drive all the way up to the curb, you' re going to hit the trees with that. Emmings : Where there' s a tree would they have to have a stop? , Hanson: Well I suggested that they do it on all of them. Erhart : Why don ' t they just make the parking spot a foot shorter then? Essentially that' s what you' re doing by doing that. In your recommendation you didn' t include that item 5 so are you leaving that out? Hanson: They' ve added that. They've shown that. Erhart : Oh they have. Would we get the same effect just by shortening 1 the parking stalls 12 inches or what am I missing? Pat Hallisey: Excuse me. There ' s a difference between shortening the parking stall and putting the stop in. You can leave a stall , I believe it' s 18 feet is your city code for the length of the car . You can put the stop in like 2 feet behind the front of the stall so when a person pulls II up they hit the stop. You still have the overhang in the front of the car past that that is within the parking stall . If you try to shorten the parking stall up, that doesn' t occur . They can still drive right up to the curb. , Erhart : How are you planning on anchoring these things? Randy Peterson: They don' t really get anchored . They sit there. Erhart : What I visualize when you use those things, somebody hits it too hard and then it gets cockeyed and then they all sit cockeyed and they all II end up. . . Hanson : You can tie them down with rebar . A lot of times they' ll drive that down through. Randy Peterson : We can do that . We' ll do either or . We ' ll remove them. We' ll leave them in. We' ll anchor them. I don ' t have a problem with it . It creates a little problem in the winter plowing but that ' s the real hard part. They get chipped up. They get hit trying to keep everything clean and you end up with snow building up i.nbetween those and the sidewalk. III II Planning Commission Meeting May 3, 1989 - Page 25 I Erhart : If the landscaping is so close to the front of the parking lot that that cars are going to damage it, it will happen so I guess I 'd like to see us take Steve' s recommendation but include that they be anchored so II they don' t move around. I think that' s a real eyesore and problem when they do that. That ' s everything I had . Emmings: I really don' t have anything different. I think that the I tremendous number of variances they' ve been given and we ' re not supposed to go into that now and try and figure out what happened there but I think the parking will be adequate and my experience with using daycare, I think I that the place, at least one of the places that we used there were only about 4 places with about the same number of kids and they turn over real fast. 15 minutes is much longer than it will take for people to drop off I their kids so I think it will wind up being adequate . I 'm not sure that I 'd agree with the staff on increasing the landscaping along that one portion of the yard there where the pea gravel is because that may be the only sunny spot that the kids will have to go to because the rest of it I looks like it' s either unavailable for play or else it' s already shaded by large trees so I think it might be nice to leave that a sunny spot so I would not impose that . I 'd let them decide what they' re going to do. IEllson : I have a question . I guess Sue could probably answer it. Is New Horizon is it set up like a franchise? Is it self-supporting , each individual unit? In other words, the tuition is what pays for everything Ior you' re funded by a major big New Horizon also? Sue Dunkley: No , the tuition pays for it. IIEllson: And what happens when one isn' t successful? What happens to a daycare as it falls apart? IISue Dunkley: Our company carries each one . The hope is that they will have enough children that the tuition will do it. New Horizon is a corporation and has been for 18 years . There are periods in the history II where one center for whatever reason will be lower in enrollment for a period of time and at that point obviously our company carries those centers from some of the other centers who are doing well so we are II financially very secure. We do keep the buildings up beautifully and we do put underground sprinkling in so the grass is always mowed and looks nice. Our CEO would have a fit if one of our names was off 2 inches he ' s II gotten so meticulous so I guarantee we will keep the building looking very attractive. Ellson: I wanted to be on the record that I 'm certainly for a daycare in II Chanhassen. I don ' t like this site for it though to be perfectly honest . I wanted to ask staff if they knew where the local bus stop was to this area? IIHanson : It ' s by the Legion . II Olsen : That will be moved but right now it is by the Legion . Ellson: And it ' s going to be moved like do you know where? I Planning Commission Meeting May 3, 1989 - Page 26 1 Olsen : The new shelter is up across from Filly' s. I don' t know if you've II noticed that but once the West 79th Street is opened up, the bus will come through there and that will be the park and ride. ' Ellson: Okay, because I 've seen people use a daycare location to park their cars . A great spot to pick up the bus and then leave it and then I 'd be really concerned about these parking spaces which I already am. I take my toddler to a daycare that has less than 100, probably about 65 kids with 10 spaces that the staff is not even allowed to park in and it' s always the biggest complaint of every parent is the parking and that' s got II 10 spaces with 65 kids. This is 8 spaces with 100 kids. I know that it' s a huge problem where we are and I think that 8 spots is grossly inadequate. Once i.t' s in there, it' s like impossible to change and we have yet to have an accident at our daycare but you' re just hoping and praying that it will never happen. Some little thing is running between cars and cannot be seen and people are driving and parking behind other people and double parking and i.t' s just scarey. I 'd hate to see me allow II something like that to go in without my two cents worth anyway of saying I don' t like the number of parking places. I really want daycare . I just don' t think this is the site . I think it' s squished in there . I think it II looks poor with the whole grouping. I don ' t like the idea that they did everything right up to the edges . I think the hidden court, or whatever that group of townhomeowners back there is signing, I certainly agree with them that we'd like daycare here. I think they would just as easily be 11 served with another daycare in a better location. I 'm also questioning all the variances . I get really nervous about variances because of the precedence it sets for other people and I would like it maybe to be looked II over again or something maybe when they get a chance to look at it again but. Yes, I want daycare in Chanhassen but I 'd like it someplace else and I don' t like it on this site . Headla : I 'm concerned about the way we do things. What' s the deal now? We have these 11 conditions. The fire department recommended the entire building be adquately sprinklered but it isn ' t in the recommendations . Is II what the fire department, is that automatically filled in or not? Hanson: Their recommendations are included when they come in with a building permit. Headla : Then we don' t even need to talk about them in a planning commission meeting? Hanson : Well when it' s a building code requirement , they have to meet that requirement at the time they get a building permit. ' Headla : I don ' t think we' re consistent . To me if they see fit to put it in the planning commission notes and we agree with it , it ought to be included in the recommendation. Hanson: We can do that . t IIu Planning Commission Meeting May 3, 1989 - Page 27 II I Headla : I guess I 'd like to see both them entered into the recommendations . II Conrad : Dave, just for my clarification. If it ' s part of the building code requiring sprinkling, basically the fire inspector said you 've got to have it and they have to have it. It ' s part of the code. I Headla : How many times do we add, be redundant on different things just to make sure it gets done? I see that done time and time again . If we' re not going to do it, let' s be consistent and not do it. If we want to do Iit, then let' s do it all the time and let ' s say something about it. Conrad: Basically what Steve and Jo Ann do is they take all this I different input and they determine from the different folks who are making recommendations and they determine what needs to be in the final staff report. What you' re saying is if the fire inspector said it , they should duplicate it in the staff report. IHeadla : If we agree is what I said . I Conrad : But their perspective on this item would be yes , he said it but it' s required by code anyway so we don' t need to make it a special item and tell the developer they have to do it because they have to do it . II Headla: My point is , we' ve actually put it in many recommendations previously but it' s been part of the code but we want to highlight it. Now we either do it. or we don' t do it but let ' s be consistent. That ' s all II I ask . I don ' t know where we sit right now. I don' t know if it should be in there or shouldn' t be in there but I want some consistency in the way we do it . IRandy Peterson : We have no problem with that . . . Headla: No, that ' s an internal thing that I get confused on which way we 1 should . I like the daycare center there. I drop my grandson off at a center on TH 7. They don ' t have fences. A lot of traffic out front. The kids get a lot of tender loving care . I think they' re well cared for . It I doesn' t have near the amenities that this has . I like it. And as far as the heat ventilating and air conditioning thing , what are you going to put in there that isn' t going to be some objection? It isn' t all black and II white . You' re going to have to concede certain items . I think this is an appropriate location. It serves an area . That ' s all . Conrad : When we grant variances Steve or Jo Ann , does the Attorney I document why? Do we have to do that? Do we go through a statement of rationale? IHanson : There ' s not a formal , if you will , formal filing . Olsen: Sometimes they have though. Sometimes councilmembers have required that the Attorney list why and it ' s usually Findings of Facts for Idenial though . II Planning Commission Meeting May 3, 1989 - Page 28 Conrad : Therefore a variance doesn ' t set a precedent? You literally can grant a variance but is it precedence setting? Hanson: Like I said , it ' s kind of debateable. I think it ' s precedence setting in the sense of how staff would advise someone that came in subsequent to certain variances being granted because typically when someone comes in, the question they first have is, how does a city respond to variances. Do they like them or don' t they? Do they grant them or don' t they? What kind have they granted? I think an applicant in their best interest, if they know what variances have been granted , you would take those ones that are similar to your case and use those, at least as a justification to what you want to do. Conrad: Do we allow parking on Lake Drive East? Hanson: No we do not . It' s signed no parking . g Conrad: In terms of the parking lot, there are about 3 or 4 stalls to the II right in the parking lot that basically they have to back up. They have to back up a whole long way don' t they? Hanson : Yes, it' s not the best . Previously there were 2 others over there too. Conrad : Got rid of those 2? ' Hanson: Yes . Conrad : We' re hearing from the applicants that there' s enough stalls and maybe we've got split opinions here that hearsay from the Planning Commission whether there are or are not . My question would be then, if there are not enough stalls and they' re licensed for 100 children and we create a parking problem, if, then what happens? Hanson: We live with it . ' Conrad : So there ' s recourse to restrict the number of children that they' re licensed for? ' Hanson : Not the way that the 16 was arrived at . In other words , it ' s essentially an appeal of what the staff would have recommended because the staff would have made a determination of how many parking spaces . The Board of Adjustment had looked at it and at the time when it was at the Board of Adjustment , the applicants had submitted a brochure describing the size of the actual facility because what we were looking at that time initially was just a setback variances . So when it went before Council , that's when at that point in time we were aware it was 100 people and so many staff employee people so we looked at what we ' ve used in reviewing other similjar facilities . The one in the idustrial park and that ' s essentially where we came up with the number of 37 . When it was before the Board of Adjustment , they had shown 18 spaces . I • II Planning Commission Meeting May 3, 1989 - Page 29 II I Conrad : What' s the worse if they can ' t really accommodate enough cars there? They' ll probably be motivated to solve the problem themselves . Randy Peterson : You' re absolutely right . The development group that I 'm I with has developed a very large percentage of the daycares here. New Horizon owns 27 and we have not had a parking problem due to insufficient amount of spaces. IConrad : And I ' ve heard you say that and I trust what you' re telling me. The only thing I 'm saying is, I don' t want the City to solve a problem I later on. That ' s my only point . It should be a safe access and it' s your , I think you' re motivated to take care of the problems but I literally don' t think, because we are forcing something over sized on a smaller lot and I think in this particular case, I just don' t ever want to see the I city having to bail out because we allowed this to happen . I think the applicant should know that they got the variances obviously and that the City is not going to come back and solve a problem downstream. I think I the applicant is motivated to solve a problem yet on the other hand, I don ' t know what we do and maybe there' s not anything legal we can do but I just don' t know that we certainly have solutions to cut into more of the I green space and make more parking but I guess I really don' t think the City should contemplate ever doing that. Anyway, I think parking is my only problem on this particular issue and more than likely it' s not going to be a problem but I 've got too many conflicting pieces of information . I I just don ' t want the City to have this in 5 years or whatever . That ' s probably not even a concern. We' re fairly consistent, in terms of setbacks Steve or Jo Ann , we' re kind of consistent with the building to I the west. We' re kind of in sync. This building . Not totally out. The only other thing that the fire inspector didn' t comment on is the narrow space between the two buildings for fire but I guess they know what I they' re doing and I guess maybe that ' s not a significant issue . Those are my only comments and I ' ll vote for this given the fact that the variances have been granted previously. I would certainly accept a motion. II Erhart: I ' ll move that the Planning Commission recommend approval of Site Plan #89-5 dated , what date are we looking at? IHanson: Today, May 3rd . That ' s the revised plan. Erhart : Dated May 3rd with the 5 conditions correct? IHanson: No, two . Erhart : Your second condition is that they use the conditions what , 8 , 9, • 10 and 11? Hanson : 7 through 11. I Erhart : Okay, the first condition you were proposing was additional landscaping along the fence? IHanson : Yes . MI Planning II Pl a ng Commission Meeting May 3, 1989 - Page 30 II Erhart : Which is the area in front. I tend to agree with Steve on that II one. I 'm going to leave that one off. That ' s the one you were debating right? Emmings: Yes . I Erhart : So my motion then will only include the one item which refers to your conditions 7, 8, 9 , 10 and 11. I Conrad : What are you saying about them? You ' re keeping those? Erhart: Those I 'm keeping. What I 'm deleting is the one referring to I additional landscaping . Conrad: Is there a second? I Emmings : I ' ll second it. Headla : There' s some discussion going on on what you' re deleting . I II don' t understand. Erhart : When we talked about a motion earlier , that staff was I recommending additional landscaping along the front fence. As much as I 'm mostly in favor of a lot of landscaping , I think there are some places for sunny areas as well . I guess it was my opinion that it would probably, II the area they have open now could be left open just as well as it could be landscaped so I left that one off. So my motion does not require that they provide additional landscaping along the front fence. I Headla: You want it every 40 feet average? Hanson: They have that on the average. What I had suggested that there I be some added in that area that' s just along the fenced area which essentially would be along the hard surface and the pea gravel area . II Erhart moved, Emmings seconded that the Planning Commission recommend approval of Site Plan #89-5 as shown on the Revised site plan stamped "May II 3, 1989" with the following condition : 1. Final verification of the following conditions by the City Engineer prior to City Council review. I 7. An erosion control plan shall be included in the submittals . 8. Typical sections of roadway and parking lot are to be shown on the II plans for approval with concrete curb and gutter throughout the site. I 9 . A construction/permanent easement by Total Mart will be required since the proposed utility is crossing private property. II II • . Planning Commission Meeting May 3, 1989 - Page 31 II II 10. Add sanitary cleanout to proposed 6 inch line between existing and proposed manhole. I 11. Revise grading plan to direct surface water to Lake Drive East and not to neighboring private property. All voted in favor except Annette Ellson who voted in opposition and the IImotion carried with a vote of 4 to 1. II Ellson: I think it' s too big a piece of development on too small of land and I don' t agree with the parking sites . IAPPROVAL OF MINUTES: Emmings moved , Erhart seconded to note the Minutes of the Planning I Commission meeting dated April 19 , 1989 with the addition of a disclaimer stating the sound equipment malfunctioned and this is a very incomplete set of Minutes. All voted in favor and the motion carried. IOLD BUSINESS . IErhart : When is contractor ' s yards going to the Council? Hanson: Monday. • IEmmings : My thing on old business is , this is sort of like when we try to get staff to tell us what City Council had done with items that we had I made recommendations on and they never did and they won ' t yet and we ask them everytime and they just don ' t. It ' s sort of like, there' s a story by Melville called Bartle B where this guy' s works at this place and the guy fires him but he lives there and he doesn ' t leave when he ' s fired . 1 Everytime the guy says I fired you. . . Finally the guy has to move his business to get away from him. But anyway, another item that ' s a lot like that is under old business we ask that they list, that the staff list I discussion items that we were carrying on from meeting to meeting so we didn' t forget about them from our list. Ellson : Well you ' ve got your folders too . IEmmings: I 'd still like to see what ' s on there and now we should add another one on there and that is standards for townhomes . IIConrad: Jo Ann because obviously Steve ' s leaving , both of Steve' s comments are real valid and they' re real important to us . We really do I need that feedback from City Council . If we have to reduce the caseload , the number of cases or whatever that you have to bring up to us by one every 2 weeks , I think just to free up. I ' ve got to believe it' s an hour to 2 of your time to condense what the City Council said . We really do Ineed that feedback. I