HomeMy WebLinkAboutItem 06.oMarch 16, 2012 Item No.
MARCH 19, 2012 CITY COUNCIL MEETING
IMAGETREND CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a conditional use
permit for ImageTrend and adopt the findings of fact as presented.
Adoption of this motion will allow ImageTrend to operate an accessory child day care for
their employees at their facility located at 20855 Kensington Boulevard.
Overview
ImageTrend recently completed a two story 24,000 square foot addition to their 31,000
square foot office building. ImageTrend has been located in their building since 2004.
They would like to include accessory day care for their employees as part of their building
addition.
The Planning Commission held a public hearing on the conditional use permit at their
March 15, 2012 meeting and recommended unanimous approval but added a stipulation
that requires a day care loading space to be provided if the day care were to serve the
general public and not just the employees of ImageTrend. Stipulation two has been
removed following staff confirmation that the landscape screening has been installed.
There was no public comment. Planning Department staff also recommends approval.
Primary Issues to Consider
Were any issues raised by the Planning Commission? No significant issues were raised
at the Planning Commission meeting. In fact, the Planning Commission recommended
that the Zoning Ordinance be amended so that accessory day care becomes an
administrative permit instead of a conditional use permit. This will be added to the list
of Phase 3 amendments.
Supporting Information
• Conditional Use Permit form
• Findings of fact
• March 15, 2012 Planning Commission meeting motion
• March 9, 2012 planning report
Frank Dempsey, AIC Asso• ate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT AMENDMENT NO. 12-
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville approves a Conditional Use Permit for Image Trend Development, LLC to
allow an accessory day care facility.
2. Property. The permit is for the following described property located at 20855
Kensington Boulevard in the City of Lakeville, Dakota County, Minnesota:
Lots 1 and 4, Block 1, Fairfield Business Campus 2nd Addition
3. Conditions. The permit is issued subject to the following conditions:
a) The site and building improvements shall be developed according to the
plans approved by the City Council.
b) All permits and requirements of the Minnesota Department of Human
Services shall be met prior to occupancy of the accessory day care
facility.
c) Building permits are required prior to commencing any construction or
remodeling work.
d) In the event the accessory day care use serves the general public and
not just the employees of the principal use, off- street loading shall be
provided in compliance with Zoning Ordinance requirements.
1
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Criminal Penalty. Violation of the terms of this conditional use permit
amendment is a criminal misdemeanor.
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
2
Date:
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 19 day of March,
2012, by Mark Bellows, Mayor and by Charlene Friedges, City Clerk of the City of
Lakeville, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
IMAGETREND CONDITIONAL USE PERMIT
On March 15, 2012 the Lakeville Planning Commission met at it's regularly
scheduled meeting to consider the application of ImageTrend Development, LLC for
a conditional use permit to allow an accessory day care facility in the ImageTrend
building located at 20855 Kensington Boulevard. The Planning Commission
conducted a public hearing on the proposed conditional use permit preceded by
published and mailed notice. The applicant was present and the Planning
Commission heard testimony from all interested persons wishing to speak. The City
Council hereby adopts the following:
FINDINGS OF FACT
1. The property is currently zoned OP, Office Park District.
2. The property is located in Planning District No. 6 of the 2008 Comprehensive
Plan, which guides the property for office park land uses.
3. The legal description of the property is:
Lots 1 and 4, Block 1, Fairfield Business Campus 2nd Addition
4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria and satisfied.
The criteria and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the official City
Comprehensive Plan.
The existing office use and the proposed accessory day care facility are
consistent with the Office Park land use designation of the property.
b. The proposed use is or will be compatible with present and future land uses
of the area.
The accessory day care facility will be compatible with existing and future land
uses in the area.
1
c. The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
Provided compliance with the stipulations of the conditional use permit, the
accessory day care facility will conform with all performance standards
contained in the Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
The subject property lies within the existing MUSA. The property is
served with city sanitary sewer and city water. The accessory day care
facility will not overburden the City's service capacity.
e. Traffic generation by the proposed use is within capabilities of streets
serving the property.
The accessory day care facility will not overburden the streets serving the
property.
5. The planning report, dated March 9, 2012, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: March 19, 2012
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
MOTION
ITEM 6. IMAGETREND
CITY OF LAKEVILLE
Planning Commission Meeting
MARCH 15, 2012
12.16 Motion was made and seconded to recommend td City Council approval of the
ImageTrend Development, LLC Conditional Use Permit t� allow an accessory day care
use in the O-P, Office Park District, located at 20855 Kensington Boulevard, subject to
the following 5 stipulations, as amended:
1. The site and building improvemenWfor the day care use be developed
..„.
according to the plans approved by the City Council.
..,-.
. ..,,,.,.-....
2. The landscape screening shall be installed'acCOrding to the approved landscape
plan. A $3,500 cash security .stiaAl be submitted to guarantee completion of the
landscape screening.
3. All permits and re.quirements'of the Minnesota Department of Human Services
shall be met prior to occupancy of the accessory day care facility.
.,. .
4. Building permits are 'require p7r. to commencing any construction or
.. .... .
remodeling work,
..
5. In the event the accessory , ssory care use serves the general public and not just the
......,-.-..,...
emp101Yees" the'i::principalse,, off loading shall be provided in
compliance with Zoning Ordinance requirements
Ayes: Maguire, Lillehei, Davis, Reuvers, Grenz, Drotning, Boerschel.
Nays: 0
Motion passed, as amended.
Memorandum
City of Lakeville
Planning Department
To Planning Commission
From: Frank Dempsey, AICP, Associate Planner
Date: March 9, 2012
Subject: Packet Material for the March 15, 2015 Planning Commission Meeting
Agenda Item: ImageTrend Accessory Day Care Conditional Use Permit
Application Action Deadline: April 24, 2012
INTRODUCTION
APPRO Development, Inc. on behalf of ImageTrend Development, LLC has applied
for a conditional use permit to allow an accessory day care facility in the
ImageTrend building located at 20855 Kensignton Boulevard. ImageTrend recently
completed a 24,000 square foot, two story expansion to their 31,000 square foot
office building. The building addition, site plan and administrative lot combination
were approved administratively by Planning Department staff in 2011. The plans for
the expansion also included plans to create an accessory child day care facility that
would serve their employees.
Section 11 -75 -7C of the Zoning Ordinance allows day care facilities as a permitted
and accessory use in the OP, Office Park District subject to the approval of a
conditional use permit.
The following exhibits are attached for your information:
EXHIBITS
A. Aerial Photo Location Map
B. Site Plan
C. Floor Plan
D. Landscape Plan
Item No.
APPLICATION ANALYSIS
Surrounding Land Uses and Zoning
North — Advanced Wireless Property (OP District)
South — Kenrick Avenue and City Water Tower Property (P /OS, Public and Opens
Space District
East — Kensington Boulevard and Verified Credentials (OP District)
West — Undeveloped Office Park property (OP District)
The proposed ImageTrend accessory day care use is subject to the provisions listed in
Section 11 -31 -5 of the Zoning Ordinance.
Lot Requirements and Setbacks. The property is platted as Lots 1 and 4, Block 1,
Fairfield Business Campus 2nd Addition and totals 8.41 acres. The day care facility is
required to have a minimum lot area as determined by the Minnesota Department of
Human Services and the zoning district in which the property is located. The existing
building and lot meet the lot area and setback requirements of the OP District and the
Minnesota Department of Human Services.
Sewer and Water. All daycare facilities shall have access to City water and sewer or
have adequate private sewer and water to protect the health and safety of all persons
who occupy the facility. The existing building is currently connected to City sewer and
water.
Screening. Where the day care facility is in or abuts any commercial or industrial use or
zoned property, the day care facility shall provide screening along the shared boundary
of the two uses. The landscape plan proposes a two foot tall landscaped screening
berm with eight, eight foot tall spruce and one honeylocust tree planted on the berm
around the outdoor play area to satisfy this requirement.
Parking. The 55,000 square foot building includes 235 parking spaces which meets the
requirements for parking for the ImageTrend building, including the proposed accessory
day care facility.
Loading. One off street loading space in compliance with chapter 20 of this title shall
be provided. Since the accessory day care facility will be solely for the employees of
ImageTrend, a loading and unloading area will not be required.
Signage. ImageTrend is not proposing exterior signs for the accessory day care
facility.
2
Daycare Facility. A total of 2,380 square feet at the east end of the building is
proposed to house the accessory day care facility. ImageTrend will apply to the
Minnesota Department of Human Services to allow up to 42 children in the accessory
day care facility.
Architectural Appearance. The architectural appearance and functional plan of
the building and site shall not be so dissimilar to the existing buildings or area as
to cause incompatibility with neighboring properties or constitute a blighting
influence within a reasonable distance of the lot.
The architectural characteristics of the building are of a quality and function that
meets the requirements of the OP District.
Land Use Compatibility. Internal and external site land use compatibility and
sufficient peripheral area protections shall be provided by the daycare facility.
The ImageTrend building is an office use. The indoor and outdoor areas devoted
to the accessory day care use are isolated from the main office use of the
building.
Play Space. Play space must be adequately enclosed where necessary to
prevent children from leaving the premises unattended.
The proposed outdoor play area will be enclosed by a six foot tall chain link fence
and landscape screen as required by the Zoning Ordinance. The indoor security
measures for the accessory day care will require compliance with Minnesota
Department of Human Resources requirements.
Outdoor Areas. Outdoor play areas shall not be provided within the required
front yard setbacks.
The outdoor play area is not within the front yard setback area.
State License. A license to operate the day care facility shall be obtained prior
to occupancy of the day care facility.
RECOMMENDATION
Planning Department staff recommends approval of the ImageTrend accessory day care
conditional use permit subject to the following stipulations:
1. The site and building improvements for the day care use shall be developed
according to the plans approved by the City Council.
3
2. The landscape screening shall be installed according to the approved landscape
plan. A $3,500 cash security shall be submitted to guarantee completion of the
landscape screening.
3. All permits and requirements of the Minnesota Department of Human Services
shall be met prior to occupancy of the accessory day care facility.
4. Building permits are required prior to commencing any construction or
remodeling work.
Findings of Fact are attached.
cc: APPRO Development
ImageTrend
4
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
IMAGETREND CONDITIONAL USE PERMIT
On March 15, 2012 the Lakeville Planning Commission met at it's regularly
scheduled meeting to consider the application of ImageTrend Development, LLC for
a conditional use permit to allow an accessory day care facility in the ImageTrend
building located at 20855 Kensington Boulevard. The Planning Commission
conducted a public hearing on the proposed conditional use permit preceded by
published and mailed notice. The applicant was present and the Planning
Commission heard testimony from all interested persons wishing to speak.
FINDINGS OF FACT
1. The property is currently zoned OP, Office Park District.
2. The property is located in Planning District No. 6 of the 2008 Comprehensive
Plan, which guides the property for office park land uses.
3. The legal description of the property is:
Lots 1 and 4, Block 1, Fairfield Business Campus 2nd Addition
4. Section 11 -4 -3E of the City of Lakeville Zoning Ordinance provides that a
conditional use permit may not be issued unless certain criteria and satisfied.
The criteria and our findings regarding them are:
a. The proposed action has been considered in relation to the specific policies
and provisions of and has been found to be consistent with the official City
Comprehensive Plan.
The existing office use and the proposed accessory day care facility are
consistent with the Office Park land use designation of the properly.
b. The proposed use is or will be compatible with present and future land uses
of the area.
The accessory day care facility will be compatible with existing and future land
uses in the area.
1
c. The proposed use conforms with all performance standards contained in the
Zoning Ordinance.
Provided compliance with the stipulations of the conditional use permit, the
accessory day care facility will conform with all performance standards
contained in the Zoning Ordinance and the City Code.
d. The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
The subject property lies within the existing MUSA. The property is
served with city sanitary sewer and city water. The accessory day care
facility will not overburden the City's service capacity.
e. Traffic generation by the proposed use is within capabilities of streets
serving the property.
The accessory day care facility will not overburden the streets serving the
property.
5. The planning report, dated March 9, 2012, prepared by Associate Planner Frank
Dempsey is incorporated herein.
2
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Dakota County, MN
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed. This is not a legal document and should not be substituted for a title search,
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Map Scale
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TLS
OS/28/10
BUILDING PERMIT
0
m
D
I0
m
N
m
m
EVISION5
ADDED BACK OF CURB DIMENSIONS REVISED TREE SIZE
DATE
5/12/11
OL /15/11
TL S
JAC