PC Staff Report 01-05-2016➢
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PROPOSED MOTION:
PC DATE: January 5, 2016
CC DATE: January 25, 2016
REVIEW DEADLINE: February2, 2016
CASE #: 2016-02
BY: AF, RG, ML, JM
"The Chanhassen Planning Commission recommends that City Council approve the Conditional
Use Permit to operate an adult day care at 18976 Lake Drive East subject to the conditions of the
staff report and adopts the findings of fact and recommendation."
SUMMARY OF REQUEST: Request for a
Conditional Use Permit to allow an adult daycare
Mount Olivet Rolling Acres.
LOCATION: 18976 Lake Drive East (Lot 1,
Block 1, Chanhassen East
Business Park 4h Addition)
APPLICANT: Mount Olivet Rolling Acres Owner: CSM Corporation.
18986 Lake Drive East 500 Washington Ave. S. #3000
Chanhassen, MN 55317 Minneapolis, MN 55415
(952)401-4847 (612)395-7094
BruceT ,mtolivetrollingacres.org kramstadna csmcorp.net
PRESENT ZONING: Industrial Office Park (IOP) District
2020 LAND USE PLAN: Office Industrial
ACREAGE: 3.36 acres DENSITY: NA
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city has limited discretion in approving or denying Conditional Use Permits, based on
whether or not the proposal meets the conditional use permit standards outlined in the Zoning
Ordinance. If the city finds that all the applicable conditional use permit standards are met, the
permit must be approved. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSAL/SUMMARY
The applicant is requesting a conditional use permit to operate an adult daycare facility in an
office -industrial building. The daycare is currently serving 24 clients in Victoria, MN. If
Mount Olivet Adult Daycare
January 5, 2016
Page 2
approved, those clients will move to the new Chanhassen site. Additionally, the Chanhassen site
will accommodate up to a total of 60 clients, which is the maximum permitted under their
Minnesota Department of Human Services license. Licensing of the adult daycare is contingent
on their meeting zoning requirements, which in this case means the approval of a conditional use
permit. Their current hours of operation are 9 am — 3 pm, but with more clients they will expand
to 8 am — 4 pm. They currently offer snacks and lunch, which will continue after the move.
Their licensed food service provider is Augustana Care.
Currently they have 12 staff, including the program director. They anticipate being able to serve
additional clients in the new location and in turn will likely be adding employees. The exact
number will vary depending on client needs, but they anticipate 5-7 additional employees.
A caterer will be preparing and delivering lunch and snacks that will be served to their clients
and staff. Their license requires them to offer a meal and snacks as part of the program.
Transportation is also offered to their clients or clients can make their own arrangements. There
is an hour window in the morning and again in the afternoon in which drop-offs and pick-ups
occur. All clients enrolled in the program attend the whole day. They do not offer a partial day
option.
Client activity groups go on outings to local parks, the Arboretum, and their campus in Victoria.
They own a bus that will most likely be parked on site.
The clients are assigned to a smaller activity group that is based on interests and level of need.
Activities vary slightly from group -to -group based on those interests and needs. In general, the
day includes a balance of active and passive activities. Typical offerings include: exercise group,
arts and crafts, board games, active games (bean bag toss, parachute, beach ball volleyball, etc.),
music, computer-based activities, reading and sensory activities. Each group has a daily schedule
they follow. This is based on a monthly activity plan that features different themes each month.
APPLICABLE REGULATIONS
Chapter 20, Article IV, Conditional Uses
Sec. 20-291. - Daycare centers.
The following applies to daycare centers:
(1) The site shall have loading and drop-off points designed to avoid interfering with traffic
and pedestrian movements.
(2) Outdoor play areas shall be located and designed in a manner which mitigates visual and
noise impacts of adjoining residential areas.
(3) Each center shall obtain applicable state, county and city licenses.
(4) Daycare facilities in the IOP district shall be subject to a maximum lot coverage of
65 percent.
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Mount Olivet Adult Daycare
January 5, 2016
Page 3
(5) Daycare facilities shall submit average annual test results for radon gas. Results shall be
submitted annually on the anniversary of the day of the issuance of the original
occupancy permit. Daycare facilities shall comply with all applicable state and federal
requirements pertaining to testing and requiring mitigation techniques.
(6) Prior to issuance of a building permit, daycare facilities shall conduct tests of existing
noise conditions and submit test results to the city for review. In order for a building
permit to be issued, existing conditions shall comply with Minnesota Rules 7010.
(Note: this Rule is now numbered 7030)
Chapter 20, Article XXII, "IOP" Industrial Office Park District
BACKGROUND
Chanhassen East Business Center 401 Addition and the site plan for a 32,890 square foot office
warehouse building (SPR #1998-18) were approved on September 28, 1998. The building was
intended to have 80 percent office use and 20 percent warehouse use. Total parking required
was 125 spaces. The total parking provided is 152 spaces.
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Mount Olivet Adult Daycare
January 5, 2016
Page 4
The entrance for the daycare facility is the third door from the left, which would also be the
drop-off location.
The Industrial Office Park zoning district permits daycare uses as conditional uses. Conditional
uses include those uses which are not usually allowed within the zoning district, but which may
be suitable under some circumstances. The applicant shall have the burden of proof that the use
is suitable and that the standards set forth in the conditional use regulations have been met.
Daycare review standards are geared toward childcare centers. Due to the changing
demographics and the fixture potential increase in such facilities, staff will be investigating
creating specific standards for adult daycare centers. As part of this, we will request input from
the Senior Commission as well as contact other care providers for input.
The proposed use constitutes a change in "occupancy classification." Building Code requires a
new certificate of occupancy when a change in occupancy classification occurs. Permits must be
obtained for the construction, alteration, or occupancy use changes to any building or portion of
a building. Building permit(s) are required for building code changes and a fire permit for the
proposed adult daycare.
Mount Olivet currently occupies 13,188 square feet of the adjacent unit within the building for
their business offices. With the addition of this area for adult daycare, they will occupy
21,450 square feet of the 32,890 square foot building or 65 percent of the building. The balance
of the building (11,440 square feet) is occupied by Korterra, a damage prevention company
working with pipeline companies, utilities, municipalities, contract locators, and one -call centers
to help them operate as efficiently as possible through the use of industry-leading technology and
ticket management operations processing.
Parking standards for the building are 511,000 square feet for office uses (123 spaces) and one
per six clients for day care (10 spaces) for a total of 133 required parking. There are 153 spaces
provided.
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Mount Olivet Adult Daycare
January 5, 2016
Page 5
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Mount Olivet Adult Daycare
January 5, 2016
Page 6
As stated previously, the existing standards for child daycare centers don't conveniently apply to
an adult daycare centers and are directed at development of stand-alone centers.
(1) The site shall have loading and drop-off points designed to avoid interfering with traffic
and pedestrian movements. *Drop-off shall be directly in front of the access door.
(2) Outdoor play areas shall be located and designed in a manner which mitigates visual and
noise impacts of adjoining residential areas. *The applicant will take clients on outings
to local parks, the Arboretum and their campus in Victoria, rather than an onsite
playground area.
(3) Each center shall obtain applicable state, county and city licenses. This condition still
applies. *They are in the process of receiving state licensing, which is contingent on
receiving city approval.
(4) Daycare facilities in the IOP district shall be subject to a maximum lot coverage of
65 percent. *This standard applies to new development. The IOP standard is 70 percent
hardcover.
(5) Daycare facilities shall submit average annual test results for radon gas. Results shall be
submitted annually on the anniversary of the day of the issuance of the original
occupancy permit. Daycare facilities shall comply with all applicable state and federal
requirements pertaining to testing and requiring mitigation techniques. *This is a
condition ofapproval.
(6) Prior to issuance of a building permit, daycare facilities shall conduct tests of existing
noise conditions and submit test results to the city for review. In order for a building
permit to be issued, existing conditions shall comply with Minnesota Rules 7010.
(Note this Rule is now numbered 7030.) *A noise study is a condition ofapproval.
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the conditional use
permit to allow an adult daycare in an office -industrial building subject to the following
conditions and adoption of the attached Findings of Fact and Recommendation:
1. Building permit(s) are required for building code changes and a fire permit for the
proposed adult daycare.
2. The center shall obtain applicable state, county and city licenses.
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Mount Olivet Adult Daycare
January 5, 2016
Page 7
3. The center shall submit average annual test results for radon gas and shall comply with
all applicable state and federal requirements pertaining to testing and requiring mitigation
techniques.
4. The center shall conduct tests of existing noise conditions and submit test results to the
city for review.
ATTACHMENTS
1. Findings of Fact and Recommendation
2. Development Review Application
3. Mount Olivet Rolling Acres Adult Services Flyer
4. Conditional Use Permit Application Checklist
5. Demolition Plan and Occupancy Plan
6. Floor Plan and Finish Plan
7. As Built Building Plan Colored
8. Location map
9. Public Hearing Notice and Mailing List
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Mount Olivet Rolling Acres for a Conditional Use Permit to operate an adult
daycare in an office industrial building — Planning Case 2016-02.
On January 5, 2016, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Mount Olivet Rolling Acres for a conditional use permit
for the property located at 18976 Lake Drive East. The Planning Commission conducted a public
hearing on the proposed interim use which was preceded by published and mailed notice. The
Planning Commission heard testimony from all interested persons wishing to speak and now
makes the following:
FINDINGS OF FACT
1. The property is currently zoned Industrial Office Park District, IOP.
2. The property is guided by the Land Use Plan for office industrial uses.
3. The legal description of the property is Lot 1, Block 1, Chanhassen East Business Park 4s'
Addition.
4. Section 20-232:
a. The proposed adult daycare use will not be detrimental to the public health, safety,
comfort, convenience or general welfare of the neighborhood or the city. It will provide a
needed and growing service.
b. The proposed adult daycare use will be consistent with the objectives of the city's
comprehensive plan and zoning code.
c. The proposed adult daycare use will be designed, constructed, operated and maintained so
as to be compatible in appearance with the existing or intended character of the general
vicinity and will not change the essential character of that area.
d. The proposed adult daycare use will not be hazardous or disturbing to existing or planned
neighboring uses.
e. The proposed adult daycare use will be served adequately by essential public facilities
and services, including streets, police and fire protection, drainage structures, refuse
disposal, water and sewer systems and schools; or will be served adequately by such
facilities and services provided by the persons or agencies responsible for the
establishment of the proposed use.
f. The proposed adult daycare use will not create excessive requirements for public facilities
and services and will not be detrimental to the economic welfare of the community.
g. The proposed adult daycare use will not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or
the general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
h. The proposed adult daycare use will have vehicular approaches to the property which do
not create traffic congestion or interfere with traffic or surrounding public thoroughfares.
The proposed adult daycare use will not result in the destruction, loss or damage of solar
access, natural, scenic or historic features of major significance.
j. The proposed adult daycare use will be aesthetically compatible with the area.
k. The proposed adult daycare use will not depreciate surrounding property values.
1. The proposed adult daycare use will meet standards prescribed for certain uses as
provided in the zoning code as well as state licensing requirements.
5. The planning report #2016-02 dated January 5, 2016, prepared by Robert Generous, et al, is
incorporated herein.
The Planning Commission recommends that the City Council approve the interim
use permit for a church subject to the conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this 5h day of January, 2016.
CHANHASSEN PLANNING COMMISSION
M
Its Chairman
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division – 7700 Market Boulevard
Mailing Address – P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1300 / Fax: (952) 227-1110
6G PL ;)--o t (r, - oc),
CITY OF CHANHASSEN
APPLICATION FOR DEVELOPMENT REVIEW
Submittal Date: PC Data: I �J� "— I (o CC Date: % v�S _ I 60 -Day Review Date:
Section 1: Application Type (check all that apply)
(Refer to the appropriate Application Checklist for required submittal information that must accompany this application)
❑ Comprehensive Plan Amendment ......................... $600
❑ Minor MUSA line for failing on-site sewers ..... $100
❑v Conditional Use Permit (CUP)
❑ Single -Family Residence ................................ $325
❑r All Others ......................................................... $425
❑ Interim Use Permit (IUP)
❑ In conjunction with Single -Family Residence.. $325
❑ All Others......................................................... $425
❑ Rezoning (REZ)
❑ Planned Unit Development (PUD) .................. $750
❑ Minor Amendment to existing PUD ................. $100
❑ All Others......................................................... $500
❑ Sign Plan Review ................................................... $150
❑ Site Plan Review (SPR)
❑ Administrative.................................................. $100
❑ Commercial/Industrial Districts* ......................$500
Plus $10 per 1,000 square feet of building area:
l thousand square feet)
*Include number of existing employees:
Include number of new employees:
❑ Residential Districts ......................................... $500
Plus $5 per dwelling unit (_ units)
Notification Sign (City to install and remove) ..........................
❑ Subdivision (SUB)
❑
Create 3 lots or less ........................................
$300
❑
Create over 3 lots.......................$600 + $15 per lot
L— lots)
❑
Metes & Bounds (2 lots)..................................$300
❑
Consolidate Lots..............................................$150
❑
Lot Line Adjustment .........................................
$150
❑
Final Plat ..........................................................$700
(Includes $450 escrow for attorney costs)*
*Additional escrow may be required for other applications
through the development contract.
❑ Vacation of Easements/Right-of-way (VAC)........
$300
(Additional recording fees may apply)
❑ Variance (VAR) .................................................... $200
❑ Wetland Alteration Permit (WAP)
❑ Single -Family Residence ............................... $150
❑ All Others ....................................................... $275
❑ Zoning Appeal ...................................................... $100
❑ Zoning Ordinance Amendment (ZOA)................. $500
NOTE: When multiple applications are processed concurrently,
the appropriate fee shall be charged for each application.
....................................................................................... $200
Property Owners' List within 500' (City to generate after pre -application meeting) ..........( I� $3 per address
addresses)
Escrow for Recording Documents (check all that apply).......................................................................... $50 per document
Conditional Use Permit ❑ Interim Use Permit ❑ Site Plan Agreement
Vacation ❑ Variance ❑ Wetland Alteration Permit
❑ Metes & Bounds Subdivision (3 docs.) ❑ Easements (_ easements)
TOTAL FEE: A
Section 2: Required Information
Description of Proposal: Currently office space and warehouse. Want to start using it as an adult day care center.
Property Address or Location:
Parcel #: 18-116-22220010
Legal Description:
18976 Lake Drive East Chanhassen, MN 55317
Lot 001 BLK 001 Addition: Chanhassen East Business Center
Total Acreage: Wetlands Present? ❑ Yes ® No
Present Zoning: Industrial Office Park District (IOP) Q Requested Zoning: Industrial Office Park District (IOP)
Present Land Use Designation: Office/Industrial Q Requested Land Use Designation: Office/Industrial
Existing Use of Property: Office space and warehouse
❑ Check box is separate narrative is attached. SCANNED
Section 3: Property . Applicant
APPLICANT OTHER THAN PROPERTY OWNER: In signing this application, I, as applicant, represent to have obtained
authorization from the property owner to file this application. I agree to be bound by conditions of approval, subject only to
the right to object at the hearings on the application or during the appeal period. If this application has not been signed by
the property owner, I have attached separate documentation of full legal capacity to file the application. This application
should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this
application. I will keep myself informed of the deadlines for submission of material and the progress of this application. I
further understand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to
any authorization to proceed with the study. I certify that the information and exhibits submitted are true and correct.
Name: Mount Olivet Rolling Acres Contact: Bruce Torgerson
Address: 18986 Lake Drive East Phone: (952) 401-4847
City/State/Zip: Chanhassen MN 55317 Cell:
Email: BruceT@mtolivetrcllingacres.org Fax: (952) 474-3652
Signature: I Date: 12/2/15
PROPERTY OWNER: In signing this application, I, as property owner, have full legal capacity to, and hereby do,
authorize the filing of this application. I understand that conditions of approval are binding and agree to be bound by those
conditions, subject only to the right to object at the hearings or during the appeal periods. I will keep myself informed of
the deadlines for submission of material and the progress of this application. I further understand that additional fees may
be charged for consulting fees, feasibility studies, etc. with an estimate prior to any authorization to proceed with the
study. I certify that the information and exhibits submitted are true and correct.
Name: CSM Corporation Contact: Kelly J. Ramstad
Address: 500 Washington Av. S. Ste 3000 Phone: (612) 395-7094
City/StatefZip: Minneapolis MN 55415 Cell: (612) 366-0758
Email: kramstad@csmcorp.net Fax: (612) 395-2755
Signature: Date: 12/2/15
This application must be completed in full and must be accompanied by all information and plans required by
applicable City Ordinance provisions. Before filing this application, refer to the appropriate Application Checklist
and confer with the Planning Department to determine the specific ordinance and applicable procedural
requirements and fees.
A determination of completeness of the application shall be made within 15 business days of application submittal. A
written notice of application deficiencies shall be mailed to the applicant within 15 business days of application.
PROJECT ENGINEER (if applicable)
Name: Contact:
Address: Phone:
City/State/Zip: Cell:
Email: Fax:
Section 4: Notification Information
Who should receive copies of staff reports? *Other Contact Information:
❑ Property Owner Via: ❑ Email ❑ Mailed Paper Copy Name:
❑� Applicant Via: Email Mailed Paper Copy Address:
❑ Engineer Via: [-]Email ❑ Mailed Paper Copy City/State/Zip:
❑ Other* Via: ❑ Email ❑ Mailed Paper Copy Email:
INSTRUCTIONS TO APPLICANT: Complete all necessary form fields, then select SAVE FORM to save a copy to your
device. PRINT FORM and deliver to city along with required documents and payment. SUBMIT FORM to send a digital
copy to the city for processing (required).
SAVE FORM PRINT FORM SUBMIT FORM
The goal of MORA
Adult Day Services is
to provide an
accessible, reliable,
safe and affordable
service to adults with
disabilities that is a
positive alternative to
vocationaljobs,
options for retirement,
and other day
programs currently
available.
Mount Olivet Rolling Acres
Adult Day Services
MORA Adult Day Services serves individuals with intellectual or develop-
mental disabilities that are either retired or desire a social and leisure
based alternative to traditional day programs.
Adult Day Services operates Monday through Friday. Each day staff will
strive to provide an atmosphere that is relaxing, safe, and fun. Valuable life
skills will be emphasized to maintain and increase personal independence,
and stimulating activities will keep participants active and engaged through-
out the day. Adult Day Services will give participants the opportunity to
choose activities based on personal preference, interact with people, and
explore new interests and hobbies.
Community outings, arts & crafts, music, fitness & exercise, and outdoor
recreation are just some of the activities that individuals in Adult Day
Services will be able to participate in.
Adult Day Services
Program Location:
7200 Rolling Acres Road
Victoria, MN 55386
marias@mtolivetrollingacres.org
www.mtolivetrollingaeres.org
Mount Olivet Rolling Acres is a
non-profit human services
organization that has been serving
the greater Twin Cities area for
over 40 years. Our other services
include: Long-term Residential,
Crisis and Temporary Services,
Respite Care, and Mental Health
Services.
IF '7
For more information about
MORA Adult Day Services or
for the application please
contact us.
Mount Olivet Rolling Acres
18986 Lake Drive East
Chanhassen, MN 55317
Phone: 952.474.5974
Fax: 952.474.3652
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division — 7700 Market Boulevard
Mailing Address — P.O. Box 147, Chanhassen, MN 55317
Phone: (952) 227-1130 I Fax: (952) 227-1110
CONDITIONAL USE PERMIT
APPLICATION CHECKLIST
Per Chanhassen City Code Section 20-231
CITY OF CHANHASSEN
Applications will be processed only if all requested items are submitted
Prior to filing an application for a conditional use permit, the applicant shall attend a conference with city staff.
The application shall include the following:
(1) Completed Application Form.
(2) Evidence of ownership or an interest in the property.
(3) Application fee to include the following:
Type
Fee
Conditional Use Permit (single-family residence)
$325
Conditional Use Permit (all others)
$425
Notification Sign
$200
Document Recording Escrow
$50
Property Owners' List within 500' of subject property
Ci to generate, fee determined at pre -application meeting)
$3 per address
(4) Complete site plan submittal, if required.
(5) Compliance with Conditional Use Permit Standards in Chapter 20, Article IV, Division 3 (Agricultural and Residential
Districts), and Division 4 (Business, Office, Institutional and Industrial Districts).
(6) Statement of compliance with the following 12 general standards for a conditional use permit:
a. Will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the
neighborhood or the city.
b. Will be consistent with the objectives of the city's comprehensive plan and this chapter.
c. Will be designed, constructed, operated and maintained so to be compatible in appearance with the existing or
intended character of the general vicinity and will not change the essential character of that area.
d. Will not be hazardous or disturbing to existing or planned neighboring uses.
e. Will be served adequately by essential public facilities and services, including streets, police and fire protection,
drainage structures, refuse disposal, water and sewer systems and schools; or will be served adequately by such
facilities and services provided by the persons or agencies responsible for the establishment of the proposed use.
f. Will not create excessive requirements for public facilities and services and will not be detrimental to the economic
welfare of the community.
g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to
any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare,
odors, rodents, or trash.
h. Will have vehicular approaches to the property which do not create traffic congestion or interfere with traffic or
surrounding public thoroughfares.
;'-ANNeG
L Will not result in the destruction, loss or damage of solar access, natural, scenic or historic features of major
significance.
j. Will be aesthetically compatible with the area.
k. Will not depreciate surrounding property values.
I. Will meet standards prescribed for certain uses as provided in this article.
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CITY OF CHANHASSEN
AFFIDAVIT OF MAILING NOTICE
STATE OF MINNESOTA)
) ss.
COUNTY OF CARVER )
I, Karen J. Engelhardt, being first duly sworn, on oath deposes that she is and was on
December 24, 2015, the duly qualified and acting Deputy Clerk of the City of Chanhassen,
Minnesota; that on said date she caused to be mailed a copy of the attached notice of Public
Hearing for Mount Olivet Rolling Acres Conditional Use Permit — Planning Case 2016-02
to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the United
States mail with postage fully prepaid thereon; that the names and addresses of such owners were
those appearing as such by the records of the County Treasurer, Carver County, Minnesota, and
by other appropriate records.
Subscribed and sworn to before me
this%ay of��r o woo 2015.
1 d c.�rt.�i✓�-Q.r��
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