HomeMy WebLinkAbout10B - Setback for Day Cares
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
INTRODUCTION:
MAY 3, 2004
10 B
CYNTHIA KIRCHOFF, AICP, PLANNER
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF A ZONING ORDINANCE
AMENDMENT TO REDUCE THE REQUIRED
SETBACK FROM PRINCIPAL ARTERIAL ROADS FOR
DAY CARE PLAY AREAS IN THE C-4 USE DISTRICT
(Case File No. 0441)
Historv: WENSCO, Inc. is requesting a Zoning
Ordinance Amendment to reduce the required 200 foot
setback from roads designated as principal arterials in
the comprehensive plan for day care center outdoor play
areas located in the C-4 (General Business) use district.
On April 12, 2004, the Planning Commission held a
public hearing on the requested amendment, and
recommended denial by a vote of 4 to 1. The
Commission supported staff's recommendation, and
found that there is no specific need for the amendment.
Moreover, the Commission held that the day care could
meet the criteria on another property. The dissenting
Commissioner felt that approving the amendment would
fulfill one of the goals of the Comprehensive Plan. That
is, an adequate number of day care centers is necessary
for the City to function. Meeting minutes are attached.
Backaround: In the C-4 use district day care centers
are a "Use Permitted with Conditions." A "Use Permitted
with Conditions" is permitted in the use district provided
all conditions set forth in the Zoning Ordinance are met.
In order for a day care to operate the following, Section
1102.1202, must be satisfied:
a. A minimum of 40 square feet of outside play space per
pupil must be provided and such space shall be
screened with a bufferyard Type C as defined in
subsection 1107.2005.
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Phone 952.447.4230 / Fax 952.447.4245
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b. An off-street pedestrian loading area shall be provided
in order to maintain vehicular and pedestrian safety.
c. Outdoor play areas shall be located a minimum of 200
feet from any roadway designated in the
Comprehensive Plan as a principal arterial.
The applicant has a concern with the 200 foot setback
requirement. As noted in the attached letter, "WENSCO,
Inc. has an interested Day Care business that has
currently grown out of their facility located within the City
of Prior Lake. The business is interested in re-Iocating to
the Fountain Hills Business Park. However, the setback
requirement from Co Rd 42 would virtually make the
location financially impossible due to the additional area
that would need to be purchased to accommodate the
required play area and the area within the setback that
would virtually be useless. It is imperative to the
successful operation that the business is located on or
adjacent to an arterial street." The petitioner believes it is
critical that the day care be seen from CSAH 42 for
marketing purposes and they also believe that the
topography of the lot proposed for this development
provides protection to the children from cars leaving the
road, noise and fumes.
The applicant has submitted language that would either
eliminate the setback or require a 50 setback "if a
physical barrier (i.e., ditch, retaining wall, elevation grade
change, etc.) is present." If one is not present, then the
200 foot setback would apply.
Minnesota statutes provide the authority for communities
to regulate the use and placement of structures. "For the
purpose of promoting the public health, safety, morals,
and general welfare, a municipality may by ordinance
regulate on the earth's surface, in the air space above
the surface, and in subsurface areas, the location, height,
width, bulk, type of foundation, number of stories, size of
buildings and other structures, the percentage of lot
which may be occupied, the size of yards and other open
spaces..." (Minn. Stat. Sec. 462.357, Subd. 1. Authority
for zoning.)
DISCUSSION:
Issues: The applicant is seeking an ordinance
amendment to eliminate or modify the required 200 foot
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setback to allow a day care with outdoor play area to
locate in the Fountain Hills Business Park. It is staffs
understanding that the interested day care has a
prototype design in which the play area is on the rear of
the building. In this instance, the front of the building
abuts Fountain Hills Drive and the rear abuts CSAH 42.
Specifically, the applicant is requesting the ordinance be
amended to incorporate one of two options:
Option 1:
c. Outdoor play a18a8 shall be IQsated a minimum of 200
feet from any roadway designated in the
CompFehensive PIsR 8S a priRsipal arterial. - DELETE
Option 2: (proposed language is underlined)
c. Outdoor play areas shall be located a minimum of 200
feet from the traveled road of any roadway designated
in the comprehensive plan as a principal arterial when
no phvsical barrier (i.e.. ditch. retainina wall. elevation
arade chanae. etc) is present.
d. Outdoor play areas that have a physical barrier (Le..
ditch. retainina wall. elevation arade chanae. fence,
etc.) shall have a setback of a minimum of 50 feet
from the riaht-of-way. or the barrier whichever is
areater.
One of the justifications for the amendment offered by the
applicant is that other suburban communities do not
require a minimum setback for outdoor play areas from
roadways. Staff believes common sense dictates that
play areas should not directly abut busy roadways, with
or without a required setback. The applicant also
included a comment from a planner in another city who
stated that park playground equipment does not have to
maintain a required setback so why should a day care
play area.
The central question is how far from an arterial is far
enough to provide optimum protection to the children
from vehicles, noise and fumes. The City Attorney does
not believe that the financial implications of the applicant
relevant to the site is a legally sufficient basis to amend
the ordinance. A corollary is does one setback fit all
properties given the wide array of topography in Prior
Lake.
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All structures are required to comply with minimum
setbacks unless there is an exception in the ordinance.
Playground equipment is a structure, so it should meet
required setbacks, and there is no exception in the
Zoning Ordinance providing otherwise. The subject
provision applies on Iv to day care outdoor play areas on
principal arterial roadways, not park playground
equipment.
The provision at issue requires a 200 foot setback from
any roadway designated in the Comprehensive Plan as a
principal arterial. According to the 2020 Comprehensive
Plan, "Principal arterials are considered part of the
metropolitan highway system. Their function is to connect
the metropolitan region with important locations outside the
region and to interconnect the central business districts
and regional business concentrations. These roadways
are designed for high-speed movement with high capacity
and an emphasis on serving long trips." Currently, the only
principal arterial roadway is that portion of CSAH 42 from
CSAH 21 to TH 13.
Arterial roadways are designed for high speed and high
volume traffic. High speed and high volume automobile
traffic generate noise and air pollution; thus, the noise
attenuation installed along many interstate highways and
other major roadways. There is a strong correlation
between automobile exhaust and roadway noise and the
negative effects of air and noise pollution.
One objective of the 2020 Comprehensive Plan is to
"enact and maintain policies and ordinances to ensure
the public safety, health, and welfare." The 200 foot
setback implements this objective. More specific, it
protects the children attending a day care located
adjacent to a principal arterial roadway. By amending the
existing ordinance with either of the two options proposed
by the applicant, the City staff believes that children who
attend day cares abutting principal arterial roadways
should be provided greater protection from the negative
effects of the principal arterial roadway than those who
attend day cares not on principal arterial roadways. The
City of Prior Lake has a legitimate interest and the
authority to regulate the location of day care outdoor play
areas based upon the negative effects of high speed and
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traffic roadways, regardless of other communities'
requirements or lack thereof.
In summary, the Zoning Ordinance requires that outdoor
play areas must be 200 feet from a principal arterial
roadway as identified by the Comprehensive Plan. The
applicant has proposed to either eliminate this setback or
reduce it to 50 feet when a physical barrier, as defined by
the ordinance, is present. Although the applicant has
provided a statement from a planner in another
community, the statement is one of opinion not supported
by articulated reasoning to support the conclusion
reached. Staff does not support a 150 foot setback
reduction because the proposed setback appears to be
based upon the characteristics of one specific property in
Fountain Hills Business Park.
Zonina Ordinance Amendment Findinas
Section 1108.600 of the Zoning Ordinance states that
recommendations of the Planning Commission and final
determinations of the City Council shall be supported by
findings addressing the relationship of the proposed
amendment to the following policies:
1. There is a public need for the amendment.
There is no public need for the amendment, but there is a
public need for the setback. The applicant has not
provided sufficient justification to amend the ordinance.
2. The amendment will accomplish one or more of
the purposes of this Ordinance, the
Comprehensive Plan, or other adopted plans or
policies of the City.
The Zoning Ordinance purports to:
. Prevent over crowding of land and undue
concentration of structures and population by
regulating the use of land and buildings and the bulk
of buildings in relation to the land surrounding them.
Objectives and policies of the Comprehensive Plan
include:
. Enact and maintain policies and ordinances to ensure
the public safety, health, and welfare.
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CONCLUSION:
ALTERNATIVES:
RECOMMENDED:
MOTION
ATTACHMENTS:
. Ensure new development includes design features
such as buffering, screening, and spatial separation
from collector and arterial streets; and form
anticipated adverse environmental impacts including,
but not limited to, noise and air pollution.
The proposed amendment does not accomplish the
purpose of the Zoning Ordinance and the objectives and
policies of the Comprehensive Plan.
3. The adoption of the amendment is consistent with
State and/or Federal requirements.
This amendment is not inconsistent with federal and state
laws. However, the City of Prior Lake has the authority to
adopt regulations concerning the placement of structures.
WENSCO, Inc. is requesting a Zoning Ordinance
Amendment to eliminate or reduce the required 200 foot
setback for day care outdoor play area. Based upon the
findings set forth in this report, the Planning Commission
recommends denial.
The City Council has four alternatives:
1. Adopt the ordinance amendment deleting the 200'
setback entirely.
2. Adopt the ordinance amendment retaining the 200'
setback in certain circumstances, but allowing a 50'
setback in other circumstances.
3. Deny the ordinance amendment.
4. Defer this item and provide staff with specific
direction.
Staff recommends Alternative #3. If the Council desires
an amendment, then staff believes Alternative #2 is
preferable to Alternative #1. This action requires one of
the following motions:
1. A motion and second denying the requested the
Zoning Ordinance Amendment.
2. A motion and second directing staff to prepare a
Zoning Ordinance amendment for consideration at the
May 17, 2004 meeting.
1. Applicant's proposed language
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REVIEWED BY:
2. April 12, 2004, Planning Commission meeting
minutes
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March 8, 2004
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WENSCO, Inc is requesting a Zoning Ordinance Text Amendment to ordinance 1102-
1202 regarding setbacks from arterial roads to play areas in the Day Carel Nursery
School. The current ordinance requires a setback of 200 feet from an arterial road.
In researching neighboring cities zoning ordinances specifically Eagan, Apple Valley,
Lakeville and Burnsville, there are no setback requirements. Play areas can be right up to
the property line. Photos of a Day Care at the intersection of Cliff Road and 35E,
(enclosed) show the fence of the play areas on the right-of-way line for the property.
During this study, one planner pointed out that most cities don't have setback
requirements from their own parks which are all potential play areas, so why apply
stricter standards to businesses. Ball fields could have stricter controls placed, but simple
play areas should not. Also, by state licensing requirements, the play areas are fenced in
for safety.
WENSCO, Inc has an interested Day Care business that has currently grown out of their
facility located within the City of Prior Lake. The business is interested in re-Iocating to
the Fountain Hills Business Park. However, the setback requirement from Co Rd 42
would virtually make the location financially impossible due to the additional area that
would need to be purchased to accommodate the required play area and the area within
the setback that would virtually be useless. It is imperative to the successful operation
that the business is located on or adjacent to an arterial street.
The current site conditions also warrant consideration. There is approximately an 8'
grade difference from the top of the property where the play area would be situated to the
trail below. The current ordinance does not address a reduction to the setback when a
physical barrier is present.
We therefore present the following two possible options:
Petition to amend zoning ordinance 1102.1202 (option 1)
Paragraph (3) Group Day Care/Nursery School conditions:
a. (text to remain the same)
b. (text to remain the same)
c. Delete text entirely
,.
Petition to amend zoning ordinance 1102.1202 (option 2).
Paragraph (3) Group Day Care/Nursery School conditions:
c. (text to remain the same)
d. (text to remain the same)
c. Outdoor play areas shall be located a minimum of 200 feet from the
traveled road of any roadway designated in the comprehensive plan as
a principal arterial when no physical barrier (i.e.: ditch, retaining wall,
elevation grade change, etc) is present.
d. Outdoor play areas that have a physical barrier (i.e.: ditch, retaiiiing
wall, elevation grade change, fence etc) shall have a setback of a
minimum of 50' from the right of way, or the barrier whichever is
greater.
Thank you for your review and consideration of this requested amendment.
,.
Planning Commission Minutes
April 12. 2004
This will go to the City Co
EMKE, SECOND BY ATWOO , APPROVING A PRELIMINARY
OWN AS THE WILDS E, SUBJECT TO THE LISTED
MOTION B
PLAT TO BE
CONDITIONS.
Vote taken indicated ayes b
MOTION CARRIED.
twood, Ringstad and Perez. Nay by Stamson.
The meeting recess t 8:15 p.m. and reconvened at 8:22 p.m.
~
D. Case #04-41 Wensco, Inc., is requesting an amendment to Section 1102.1202
of the Zoning Ordinance to reduce the required 200 foot setback from arterial roads
for day care center outdoor play areas.
Planner Cynthia Kirchoff presented the Planning Report dated April 12, 2004, on file in
the office of the City Planning Department.
WENSCO, Inc. is requesting a Zoning Ordinance Amendment to reduce the required 200
foot setback from roads designated as principal arterials in the comprehensive plan for
day care center outdoor play areas in the C-4 (General Business) use district.
The applicant has a concern with the 200 foot setback requirement. Specifically,
"WENS CO, Inc. has an interested Day Care business that has currently grown out of their
facility located within the City of Prior Lake. The business is interested in re-Iocating to
the Fountain Hills Business Park. However, the setback requirement from Co Rd 42
would virtually make the location financially impossible due to the additional area that
would need to be purchased to accommodate the required play area and the area within
the setback that would virtually be useless. It is imperative to the successful operation
that the business is located on or adjacent to an arterial street."
Based upon this information, the applicant has submitted language that would either
eliminate the setback or required a 50 setback "if a physical barrier (i.e., ditch, retaining
wall, elevation grade change, etc.) is present." If one is not present, then the 200 foot
setback would apply.
In summary, the Zoning Ordinance requires that outdoor play areas must be 200 feet
from a principal arterial roadway as identified by the Comprehensive Plan. The applicant
has proposed to either eliminate this setback or reduce it to 50 feet when a physical
barrier, as defined by the ordinance, is present. Although the applicant has provided
information from other communities indicating the setback is not appropriate, staff does
not support a 150 foot setback reduction because the proposed setback appears to be
based upon the characteristics of one specific property in Fountain Hills Business Park.
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Planning Commission Minutes
April 12. 2004
Perez questioned the setback for playground equipment. Kirchoff responded it depended
on the zoning district; typically parks are in the Rl district and have a 25 foot front yard
setback if the specific structure met the definition of a structure.
Comments from the public:
Applicant Kelly Murray, Wensco, Inc., said they were contacted by a business in Prior
Lake to expand to a new location in the Fountain Hills Business Park. Most child care
facilities have playgrounds on three sides. In contacting staff, they were informed of the
200 foot setback requirement, making virtually eyerything from the back of the building
unusable. The building could be set to the minimum setback but the playground could
not which didn't make sense. Wensco felt they would not have a lot of support from staff
in requesting a single use variance. After doing a little research, Wensco did not know
the rationalization for the 200 feet setback. Murray gave an example of a possible
situation that could occur with a car going off the road.
Murray contacted a surveyor who found a 22 foot difference on the grading. The staff
report talks about pollution and noise but there are other daycare locations in town that
are in the middle of a parking lot. Is that safer? Wensco is asking for the amendment to
give flexibility for each site and situation. She contacted other cities to find out there
were no other setbacks from parks and playgrounds. Murray said nothing is regulated by
the State, it was something put into the ordinance and she still sees no good reason to
keep it at 200 feet. She presented photos of play areas.
Stamson questioned the lot depth. Murray thought it was deep with the height difference
between the trail and County Road 42 and the top of the lot, the 50 foot setback will
basically be a retaining wall. Kirchoff stated the lot depth was 332 feet.
Murray said technically the building could be built 50 feet from the lot line. She did not
feel the building could be reconfigured. It was her idea on the proposed language but
welcomed anyone's revision. She felt the ordinance was too rigid.
There were no other comments and the public hearing closed at 8:37 p.m.
Comments from the Commissioners:
Perez:
. The first thing that strikes me is that staff states there is no public need for the
amendment but there is a public need for the setback. Agree with staff
. The Zoning Ordinance states one of the objectives is to ensure new developments
includes design features such as buffering, screen and space separation from
arterial streets, etc. By changing this amendment the ordinance becomes
inconsistent.
. Agreed with staff to deny the amendment.
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Planning Commission Minutes
April 12. 2004
Atwood:
. Agreed with Perez (on the ordinance objectives) - not only that, believes by
implementing a subject provision "the City believes that children who attend
daycares abutting principal arterial roadways should be provided greater
protection from the negative affects of the principal arterial roadways than those
who attend daycares not on principal arterial roadways."
. It is different for a daycare abutting County Road 42.
. Will not support the change.
Ringstad:
. Agreed - The Commission does not need to apologize to having more stringent
requirements for health and welfare of children in daycares.
. There is not a need for a public amendment. It looks like we would be designing
the amendment for the specific tailored use for one individual.
. Will vote against it.
Lemke:
. Read through three different goals and objectives of the City to support the
amendment.
. County Road 42 would be a convenient place to drop off their children. The
loading and unloading is clearly off the street. It is not a safety issue. It will be
fenced. It comes down to whether the children in a play center are near County
Road 42 are subject to pollution than they would be in the parking lot at Rainbow.
. All the State inspection stations have been closed because they found cars are not
polluting. It is not in the public interest.
. A park could be closer than 200 feet where children play.
. Support changing.
Stamson:
. The difference is that a park would not be built near County Road 42.
. Lemke's argument would be solid if Prior Lake was a much more developed city.
The reality is there are plenty of other places in town where a daycare could be
built to meet all the conditions. Every lot in town is not going support every
possible use. This is just a situation where this lot won't work for this particular
business. The City could go through a lot to rewrite this to make the lot work
with retaining walls and all that but we can't write an ordinance for every lot in
town. We would be changing ordinances constantly. And we are not in a position
we need to.
. There is plenty of available land where this would work.
. Does not justify changing the ordinance. There is no public interest. The industry
can be supported with what exists.
. The fact other cities do something different doesn't necessarily make them
smarter than us. Maybe we're smarter than them.
. Recommend not changing.
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Planning Commission Minutes
April 12, 2004
Lemke:
· Allowing this does not necessarily make the business successful. Parents have to
make the decision. If they do not want their children near a major road, let the
parents decide.
MOTION BY PEREZ, SECOND BY RINGSTAD, RECOMMENDING DENIAL OF
THE PROPOSED AMENDMENT AS RECOMMENDED BY STAFF.
Vote taken indicated ayes by Perez, Ringstad, Atwood and Stamson. Lemke nay,
MOTION CARRIED.
This item will go before the City Council on May 3, 2004.
E. se 04-20 Consider an Amendment to Section 1101.400 of the ning
Ordinanc · cluding boat lifts and track systems as recreational equ. mente
Planning Coordi tor Jane Kansier presented the Planning Report d
on file in the office the City Planning Department.
The City staffhas receive ome complaints about the use of mporary structures for the
storage of recreational vehic . These structures generall nclude a fabric or metal roof
or cover supported by poles anc red to the ground. Gi n the escalating price of off-
premise boat storage, staff expects see more Struc s of this nature.
The primary complaint about the tempo
"temporary" structures may eventually be
recreational equipment is a fact of life in a I
temporary storage structures provide an ec
An amendment addressing these struc es in the s manner as other recreational
equipment may be in order. An am dment written in . s manner would ensure the
structures remain temporary, but ould also address som f the aesthetic concerns by
limiting location and the amo of time a structure could re ain in place.
The proposed amendment' consistent with the goals and object! s of the
Comprehensive Plan, th oning Ordinance and the enabling legisl . on set forth in
Minnesota statutes. B ed upon the fmdings set forth in this report, st recommended
approval.
John Crai 855 Spring Lake Road, felt the language in the public notice was not ear.
He was ncerned with enforcement if the proposed ordinance regarding boatlifts is
appro d. Craig questioned the purpose of the amendment. Stamson explained why th
iss came up as a housekeeping matter the City is identifying the problem. Craig
d' ussed portable car ports not being included in the public notice. Kansier explained
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