HomeMy WebLinkAboutItem 06.lMay 17, 2012 Item No.
MAY 21, 2012 CITY COUNCIL MEETING
FOUR SQUARE PRESCHOOL AND DAY CARE CONDITIONAL USE PERMIT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a conditional use
permit for Four Square Preschool and Day Care and adopt the findings of fact as
presented.
Adoption of this motion will allow the operation of an accessory day care and preschool
facility at Crossroads Church located at 17671 Glacier Way.
Overview
Phil and Amy Shaver, representing Four Square Preschool and Day Care, have applied
for a conditional use permit to allow an accessory day care facility at the Crossroads
Methodist Church. Chapter 31 of the Zoning Ordinance allows principal or accessory
day care facilities in all zoning districts subject to the approval of a conditional use
permit. The State Department of Human Services requires that the proposed facility
obtain a license to operate.
The Planning Commission held a public hearing on the conditional use permit at their May
3, 2012 meeting and recommended unanimous approval. There was no comment at the
public hearing. Planning Department staff also recommends approval.
Primary Issues to Consider
When can the space be occupied for the accessory day care facility? In addition to City
Council approval of the conditional use permit, the Shavers will be required to apply for
building permits for interior remodeling work at the church, complete a City fire
inspection, and obtain licensing from the Minnesota Department of Human Services
Supporting Information
• Conditional Use Permit form
• Findings of fact
• May 3, 2012 draft Planning Commission meeting minutes
• April 27, 2012 planning report
- 7,4„/,/,
Frank Dempsey, AICP; Associate 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 NO 12-
1. Permit. Subject to the terms and conditions set forth herein, the City of
Lakeville approves a Conditional Use Permit for Phil and Amy Shaver (dba Four
Square Preschool and Day Care) to allow an accessory day care facility at
Crossroads Methodist Church.
2. Property. The permit is for the following described property located at 17671 Glacier
Way in the City of Lakeville, Dakota County, Minnesota:
Lot 1, Block 1, Crossroads 1 Addition
3. Conditions. The permit is issued subject to the following conditions:
a) The site and building improvements for the day care use 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) A minimum of one loading space shall be provided in the parking lot and
identified with a sign for the day care facility drop -off and pick -up.
d) The applicant shall obtain and submit to the City a sanitary sewer access
unit determination from the Metropolitan Council Environmental Services
prior to the issuance of a building permit.
1
e) A building permit is required prior to commencing any construction or
remodeling work.
f) A permit shall be obtained prior to the installation of any permanent or
temporary signage.
4. Termination of Permit. The City may revoke the permit following a public
hearing for violation of the terms of the permit.
5. Lapse. If within one year of the issuance of this permit, the accessory day
care use has not commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a
criminal misdemeanor.
The following instrument was acknowledged before me this 21 day of May,
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.
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
Notary Public
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
FOUR SQUARE CONDITIONAL USE PERMIT
On May 3, 2012 the Lakeville Planning Commission met at it's regularly scheduled
meeting to consider the application of Phil and Amy Shaver (dba Four Square
Preschool and Day Care) for a conditional use permit to allow an accessory day care
facility at Crossroads Methodist Church located at 17671 Glacier Way. 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 PUD, Planned Unit Development District.
2. The property is located in Planning District No. 3 of the 2008 Comprehensive
Plan, which guides the property for public and quasi - public land use.
3. The legal description of the property is:
Lot 1, Block 1, Crossroads 1 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 church use and the proposed accessory daycare facility are
consistent with the institutional and public/quasi-public use 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 April 27, 2012, prepared by Associate Planner Frank
Dempsey is incorporated herein.
DATED: May 21, 2012
2
CITY OF LAKEVILLE
BY:
Mark Bellows, Mayor
BY:
Charlene Friedges, City Clerk
Planning Commission Meeting
May 3, 2012
Page 2
eeting pending Planning Commission action on the easement vacation request.
He dicated that the Chadwick Farm final plat was approved in 2004 included a
ten -foo wide drainage and utility easement adjacent to 210th Street, which is
proposed • be vacated and replaced with the required landscape and buffer yard
easement in adwick Farm Fifth Addition. Mr. Kuennen stated that the process
has changed ov - the years and currently temporary easements are established
across outlots desi • - ted for future development phases.
Mr. Kuennen stated that g Department staff recommends approval of the
easement vacation as presente
Chair Lillehei opened the hearing to e public for co
T..
There were no comments from the audience.
12.24 Motion was made and seconded to close
Ayes: Maguire, Lillehei, Reuvers, Grenz.
Nays: 0
There was no discussion from the ';1aning Commission.
' "� °=� •' : mfrs.•.
12.25 Motion was made and seconded to reco 1 •
vacation of the Chadw,ick"Farm public ainage an
Ayes: Lillehei, Revers, Grenziaguire
ITEM 6. C
NMD METHODISTCHURCH
hearing at 6:06'p in.
tl �
;Council a . • royal of the
easement, as - sented.
Chair Lillehei opened the public hearing to consider the application of Phil and
Amy Saver for a Con tionar Use Permit to allow an accessory day care use at
CrossroadsUnited Methodist Church, located at 17671 Glacier Way. The Recording
Secretary attested that tl .legal notice had been duly published in accordance with
State Statutes ate. C ity d de.
Phil and Amy Shaver presented an overview of their request. Ms. Shaver stated
that she currently runs a home day care and wants to expand. She indicated that
they will have an exclusive access door for the day care at the church.
Mr. Dempsey presented the planning report. Mr. Dempsey stated that day care is
an allowed use in all zoning districts subject to the approval of a conditional use
permit. He stated that the applicant has applied to the Minnesota Department of
Human Services to provide day care for up to 84 children. Mr. Dempsey indicated
that a minimum of one loading space shall be provided in the parking lot and
identified with a sign for the day care facility drop -off and pick up. He stated that
currently there is a play area with playground equipment located southwest of the
church building. The applicant will be installing a five foot tall maintenance free
fence to create a 13,000 square foot outdoor play area for the day care facility.
Mr. Dempsey stated that Planning Department staff recommends approval of the
Four Square Preschool and Day Care CUP, subject to the 6 stipulations listed in the
April 27, 2012 planning report.
Chair Lillehei opened the hearing to the public for comme
There were no comments from the audience.
1126 Motion was made and seconded to close the public hearing at 611 p.m.
Ayes: Reuvers, Grenz, Maguire, Lillehei.
Nays: 0
Chair Lillehei asked for comments from the Piaiing
• What building code issues',:,nee d.. o be addressed? Staff responded that the
applicant will need to get a' building¢ permit, which will be reviewed by the
Building Official and the Fire;'
ire Marsha.• rIn addition, the State of Minnesota
will also inspect e:siteprior to: ssu ng a license =for the day care operation.
• Larry Whitee4rchitect with Gr `" Projects, Inc., indicated that very few
building i p iovements #e needed. One single use bathroom will be added,
electrical oilifets have" be changed: a tamper proof style, and a couple of
doors be ved to get`'t e req eci fire separation.
✓ ms s' ✓ , ✓. P i°r✓ ;; : " r .f;*:�" :'�.%' ;t:
• tit church expa'rs, how will that affect this conditional use permit. Mr.
D Aated t iat any expansion to the church would require a
; onditional use amendment.
12.27 Motion was,.made andconded to recommend to City Council approval of the
Four Squar ..Preschool a nd Day Care Conditional Use Permit, subject to the
following 6 stipulations
1. The site and building improvements for the day care use shall be developed
according to the plans approved by the City Council.
2. All permits and requirements of the Minnesota Department of Human
Services shall be met prior to occupancy of the accessory day care facility.
3. A minimum of one loading space shall be provided in the parking lot and
identified with a sign for the day care facility drop -off and pick -up.
Planning Commission Meeting
May 3, 2012
Page 3
ommission.
4. The applicant shall obtain and submit to the City a sanitary sewer access unit
determination from the Metropolitan Council Environmental Services prior
to the issuance of a building permit.
5. A building permit is required prior to commencing any construction or
remodeling work.
6. A permit shall be obtained prior to the installation of any permanent or
temporary signage.
Ayes: Grenz, Maguire, Lillehei, Reuvers.
Nays: 0
Chair illehei opened the public hearing toe0nsider the `application of JJM
Propertie LLC for a Conditional Use Permit Amendment to al low more than one
principal bu mg on a commercial lot ir;:'; :e C -2, Highway Commercial District,
located at 2111 Cedar Avenue. The Ree*Jng S attested tha''' 't the legal
notice had been d published in accordance‘tk tate Statutes and City Code.
Darwin Lindahl, the ar
tonight's meeting. Mr. Lin
stated that due to a chan
business, a Chevrol
physically separate
and Kia showroom:
removed to create -*prate Chev`Dolet and
Planning Commission Meeting
May 3, 2012
Page 4
tect foz� - :the'pxctject an d`'4 f Belzer, Jr. were present at
presented' verview oi: the request. Mr. Lindahl
e the way a�ci.: Ger e viotors'rCorporation (GMC) does
?: eto have their sales office
of the facility, which includes a Dodge
swath of the existing building will be
dge /Kia showrooms. The service and
parts departments can contmu.e to` e
Mr. _ e°ipsey presented °'=fie planning report. r. Dempsey stated that the
apph ° cant is requestirigYkconditional use permit amen • • ent to allow two principal
struct i >,-on one property. MiT Dempsey stated that - Planning Commission
held a pukhc hearing on. thhis request in 2009 but that the - . placation was later
withdrawn to allow on: pmg discussions with GMC to take p - ce. He indicated
that staff is recoi nen ig that a private Access Agreement for s - red driveway
access between tYie,-vvo developed properties be executed.
-
Mr. Dempsey stated that Planning Department staff recommends approva . f the
Belzer's Conditional Use Permit amendment for the creation of two princ . al
structures on one parcel, subject to the 8 stipulations listed in the April 26, 201
planning report.
Chair Lillehei opened the hearing to the public for comment.
Memorandum
To Planning Commission
From: 73 F rank Dempsey, AICP, Associate Planner
Date: April 27, 2012
Subject: Packet Material for the May 3, 2012 Planning Commission Meeting
Agenda Item: Four Square Preschool and Day Care Conditional Use Permit
Application Action Deadline: June 15, 2012
INTRODUCTION
The following exhibits are attached for your information:
EXHIBITS
A. Zoning and Location Map
B. Aerial Photo
C. Overall Existing Site Plan
D. Proposed Site Plan
E. Floor Plan
F. Email received from a neighbor of the property
Item No.
City of Lakeville
Planning Department
Phil and Amy Shaver, representing Four Square Preschool and Day Care have
applied for a conditional use permit to allow an accessory day care facility at
Crossroads Church located at 17671 Glacier Way. Crossroads Church is located on a
9.5 acre property and was built in 2004.
Chapter 31 of the Zoning Ordinance allows principal or accessory day care facilities
in all zoning districts subject to the approval of a conditional use permit. The State
Department of Human Services requires that the proposed facility obtain a license to
operate. The day care operator will apply for this license separately.
APPLICATION ANALYSIS
Surrounding Land Uses and Zoning
North — 175 Street and Commercial (PUD)
South — Glacier Way and Glasgow Avenue
East — Townhomes (RM -1 and RM -2 Districts)
West — Crossroads Senior Housing (PUD District)
The proposed Four Square Preschool and Day Care accessory 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 Lot 1, Block 1,
Crossroads 1 Addition and totals 5.52 acres. The day care facility is required to have a
minimum lot area as determined by the Minnesota Department of Human Services. The
existing building and lot meet the lot area and setback requirements of the PUD District.
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. A five foot tall PVC fence will enclose the outdoor play area. Deciduous and
evergreen trees were previously installed as perimeter landscaping following the
development of the property in 2004.
Parking. The 17,500 square foot, 394 seat church requires 132 parking spaces. A total
of 282 parking spaces are provided on site which meets the requirements for parking for
the church and the accessory preschool and day care facility. The Zoning Ordinance
would require the day care facility itself to provide 21 parking spaces for the proposed
84 children if the day care was a separate facility. The day care facility will not be
occupied on Sundays or Wednesday evenings, which is when the church building
experiences maximum occupancies.
Loading. A minimum of one loading space shall be provided for the day care facility.
The loading space shall be signed to be reserved for day care loading and unloading
only.
Signage. The Zoning Ordinance allows one freestanding sign and one wall sign not to
exceed 100 square feet, plus one wall sign not to exceed 48 square feet above each
building entrance The accessory day care facility may combine signage with the
church not to exceed the allowable area.
Church Building Space Assigned to Preschool and Daycare Facility. The
accessory preschool and day care facility will occupy 4,859 square feet of the church
building. The applicant has applied to the Minnesota Department of Human Services
2
with a request to provide day care for up to 84 children. A 3,300 square foot play
area with playground equipment is now located southwest of the church building.
This area will be enclosed with a five foot tall maintenance free PVC fence to create a
13,000 square foot outdoor play area for the day care. The indoor security measures
for the accessory day care shall remain in compliance with Minnesota Department of
Human Resources requirements.
State License. A license from the Minnesota Department of Human Resources 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 Four Square Preschool and Day
Care facility 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.
2. All permits and requirements of the Minnesota Department of Human Services
shall be met prior to occupancy of the accessory day care facility.
3. A minimum of one loading space shall be provided in the parking lot and
identified with a sign for the day care facility drop -off and pick -up.
4. The applicant shall obtain and submit to the City a sanitary sewer access unit
determination from the Metropolitan Council Environmental Services prior to
the issuance of a building permit.
5. A building permit is required prior to commencing any construction or
remodeling work.
6. A permit shall be obtained prior to the installation of any permanent or
temporary signage.
Findings of Fact are attached.
cc: Phil and Amy Shaver
Pastor Marzahn, Crossroads Church
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EXHIBIT A
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Dakota County, MN
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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.
Map Scale
1 inch = 430 feet
EXHIBIT B
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PLANNERS / ENGINEERS / SURVEYORS
2500 W. Cr Ro. 42, SURE 120, BURisWLE MN 55337
PHONE (952)890 -6044 FAX: (952)890 -6244
EMAIL: JRHINC6MRHINC.COM
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Dempsey, Frank
From: Howie <howiehangn @charter.net>
Sent: Monday, April 23, 2012 11:03 AM
To: Dempsey, Frank
Subject: Day Care / Crossroads Church
Hello Frank,
My wife and I are ok with a daycare going into the Church. We feel it would be good for children to have a Christian
environment. We realize there will be some extra traffic, but hopefully the parents will abide to the traffic laws, (too
many people RUN the stop signs around here). Good luck and thanks for the notice.
Also, is there going to be something (stores, convenience stations, housing, transit station, etc) going into the NE
corner of Dodd and Cedar, East of Kwik Trip? We would like to see some building activity to help support out
neighborhood. Thanks and have a great day!
Sincerely,
Howie and Patti Helling
17892 Glasgow Way
Lakeville, Mn 55044
952 - 236 -8620
1
EXHIBIT F