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PC Minutes 01-05-2016 CHANHASSEN PLANNING COMMISSION REGULAR MEETING JANUARY 5, 2016 Chairman Aller called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Andrew Aller, Mark Undestad, Maryam Yusuf, and Nancy Madsen MEMBERS ABSENT: Steve Weick, Lisa Hokkanen, and John Tietz STAFF PRESENT: Kate Aanenson, Community Development Director; Bob Generous, Senior Planner; and Drew Ingvalson, Planner I PUBLIC HEARING: MOUNT OLIVET ROLLING ACRES, PLANNING CASE 2016-02: REQUEST FOR CONDITIONAL USE PERMIT TO PERMIT AN ADULT DAYCARE IN THE INDUSTRIAL OFFICE PARK (IOP) DISTRICT ON PROPERTY LOCATED AT 18976 LAKE DRIVE EAST. Generous: Thank you Chairman Aller, commissioners. As you stated Planning Case 2016-02 is a public hearing. The applicant is Mount Olivet Rolling Acres. CSM Corporation is the property owner. It’s scheduled for the public hearing tonight before the Planning Commission th and then to City Council on January 25. The request is for a conditional use permit to operate an adult daycare center in the industrial office park district. Uses in the industrial office park are either permitted, conditional or interim uses or accessory uses. In this case conditional uses are uses that are permitted in certain zoning districts provided you can meet the criteria designed for that. The property’s located at 18976 Lake Drive East. This is a portion of the city that’s actually in Hennepin County and so we will be doing a resolution for the recording of the CUP before City Council. This property was developed, approved for development in 1998. It’s approximately a 33,000 square foot building that’s guided for office industrial use. Mount Olivet is currently occupying the unit directly to the west of the unit that they’re proposing for the adult daycare center and then there’s another, the Korterra to the east of it has the other half of the building. With the expansion into this area they’ll have a, Mount Olivet will have about 65 percent of the total building in their use. This unit itself is 8,662 square feet. It’s access is from the south which is the parking lot and you’ll see that on the next slide. They will have to do some remodeling to the space and that’s part of the, one of the conditions is they’ll need to get building permits for that and also there are some fire code requirements that they’ll have to meet before they can actually begin the operation of the adult daycare. The operation itself is pretty straight forward. Their licensing will allow them to have up to 60 clients. Their hours will be 8:00 a.m. to 4:00 p.m. They’re actually extending this from their move from their current location into Chanhassen and with a larger facility. They currently have 12 employees and they’re likely to add more with the additional clientele. Food is provided through a caterer that will be coming in and providing snacks and luncheons for both the clients and the staff members Chanhassen Planning Commission – January 5, 2016 there. And then it’s sort of, as part of their operation they do have outings and they will have a bus to take their clients to different facilities including city parks, Minnesota Landscape Arboretum, their facilities in Victoria or any other outings that they may have. And they have, it’s my understanding they assign their groups to smaller activity groups within the building and based on their needs and their interest and they can do different things. There’s arts and crafts, music, computer works, what have you. That’s it. We are recommending approval of the conditional use permit to operate the adult daycare in the industrial office park district and subject to the conditions of the staff report and adoption of the Findings of Fact and Recommendation. With that I’d be happy to answer any questions you may have. Aanenson: Bob could you just briefly go over with the commission…daycare just for your edification and anybody else. We do have standards. Generous: Yeah. Unfortunately our daycare standards are geared towards children’s daycare so a lot of these really won’t be applicable in this and in the future we will be looking at bringing forth a code, probably a code amendment to address standards specifically for adult daycare. One is a site shall have a loading and drop off points designed to avoid interfering with traffic and pedestrian movement. And you can, their access and drop off will be their doorway would be right in the middle. Let’s get the pointer. Of the facility and it’s, works out well because there’s a no parking space right at that entranceway so that will be there. This is the primary entrance to the unit. The next one is outdoor play area shall be located and designed in such a manner which mitigates visual and noise impacts of adjoining residential areas. Well there’s two issues with that. First there’s no residential areas adjacent to this one but really they’re not designed. That’s for child care. They have the play facilities to burn off energy. They’re going to be taking their clients out on outings and so they have other facilities that they’ll be using. Each center shall obtain applicable state, county and city licensing and they’re in the process of receiving their licensers. Part of the hold up is they need to get through our zoning approval processes which is the conditional use permit. Daycare facilities in IOP districts shall be subject to a maximum lot coverage of 65 percent and this standard is really designed for new buildings so that they can have sufficient green space so they can have the outdoor play areas. This property under the IOP district the standard is 70 percent hard cover is permitted and they’re pretty close to that 70 percent on this to meet all the parking standards. They do have, they exceed the parking requirements for the uses within the building and if you look at it specifically for a daycare facility they exceed it significantly by over 20 spaces so. Daycare facilities shall submit average annual test results for radon gas. Well we’re going to make them do this. It’s not going to hurt them and it will provide some health, make sure that health issues won’t result from that. And then they have to meet any standards there and prior to issuance of a building permit daycare facilities that can test a test of existing noise conditions. This is to make sure that they, it’s not an overly noisy facility, and I just talked with the applicant this evening to explain what that involves. It will be measurements both inside and outside the facility and it will have to meet the MPCA standards for such a facility. And of that there’s, it’s those two tests will be the conditions of approval. The building permit requirement and the license. 2 Chanhassen Planning Commission – January 5, 2016 Aller: Great. So for clarification although we’re looking at the use of the building we’re not controlling or giving primary input into the employment of individuals and what the standards are for employment or for the food preparation if any or for the licensing itself. That’s controlled by state and other agencies. Generous: That’s correct. We just wanted to make sure we were aware of what their operation would be like. Aller: Any questions? No questions. Alright, if the applicant would like to step forward and make a presentation you can do so at this time. Bruce Torgerson: Thank you. My name is Bruce Torgerson and I’m the Chief Operating Officer at Mount Olivet Rolling Acres. Excuse me I’ve got a little something going on here the last week. I’ve been working at Rolling Acres for 28 years. Our corporate office until 6 years ago was located in Victoria. 6 years ago we were welcomed into the city of Chanhassen on Lake Drive and really like being in the city of Chanhassen. Been very welcomed. Been very helpful. City staff has been as well in developing this and our other project. We also just so you know do operate 2 group homes within the city limits of Chanhassen. This particular facility is a transfer of our current clientele from our corporate, our former corporate office in Victoria and we have reached our licensed maximum of 24 in that building. We have quite a long waiting list and so we looked for in several communities additional space. It happened that CSM had property right next to our corporate office which with some very minor modifications, some of them which were just explained, we can operate within that. The state and Hennepin County will be involved in licenser as well as you spoke. We took a little while to convince Hennepin County that we were in Hennepin County. The individual we spoke to that sets up the licensing looked at her computer and said we’re not. We said computers aren’t always perfect and 2 days later she decided we were in Hennepin County so we had that licenser lined up and all those are contingent on this and the City Council moving forward. Again we’ve been operating in the city for many years and we appreciate your confidence in us. We would like to continue to grow in Chanhassen and this is our next step. Any questions? Aller: None from me. Any others? Thank you very much for your presentation. Bruce Torgerson: Thank you. Aller: Thank you for your participation partnering with us as we grow as a community. We’re going to open the public hearing portion of this item. Any individual wishing to come forward and speak either for or against the item can do so at this time. Seeing no one come forward I’ll close the public hearing portion of the item and open it up for commissioners discussion. Any? Undestad: No. Madsen: Looks good. 3 Chanhassen Planning Commission – January 5, 2016 Aller: Pretty straight forward. Great report again Bob. So with that I’ll entertain a motion. Undestad: I’ll make a motion that the Chanhassen Planning Commission recommends the City Council approve a conditional use permit to operate an adult daycare in the industrial office building located at 18976 Lake Drive East subject to the conditions of approval and adopts the Findings of Fact and Recommendations. Aller: I have a motion. Do I have a second? Yusuf: Second. Aller: Having a motion by Commissioner Undestad and a second by Commissioner Yusuf, any further discussion? Undestad moved, Yusuf seconded that the Chanhassen Planning Commission recommends the City Council approve a conditional use permit to operate an adult daycare in the industrial office building located at 18976 Lake Drive East subject to the following conditions and adopts the Findings of Fact and Recommendations: 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. 3. The center shall submit average annual test results for radon gas and shall comply with all applicable state and federal requirements pertaining to test and requiring mitigation techniques. 4. The center shall conduct tests of existing noise conditions and submit test results to the city for review. All voted in favor and the motion carried unanimously with a vote of 4 to 0. PUBLIC HEARING: GOLF ZONE, PLANNING CASE 2016-01: REQUEST FOR ZONING ORDINANCE AMENDMENT TO PERMIT PAINTBALL IN THE AGRICULTURAL ESTATE (A2) DISTRICT; INTERIM USE PERMIT TO ALLOW PAINTBALL; AND VARIANCE FOR NEW SIGNAGE ON PROPERTY LOCATED AT 825 FLYING CLOUD DRIVE. Ingvalson: Good evening Chairman and Planning Commission members. So this item is, like you said for the Golf Zone. Planning Case 2016-01 and the Golf Zone is seeking an ordinance amendment to conditional use permit, interim use permit site plan amendment and a sign 4