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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 Print Preview 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, appraisal, survey, or for zoning verification. 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