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Date: Item No.
CONDITIONAL USE PERMIT AMENDMENT
MINNESOTA CENTER FOR ADVANCED PROFESSIONAL STUDIES
Proposed Action
Staff recommends adoption of the following motion: Move to approve an amendment to CUP No. 09-02
to allow the MNCAPS program to locate in the Minnesota School of Business building located at 17685
Juniper Path and adopt the findings of fact.
Overview
Representatives of the Lakeville Area (ISD 194) and Prior Lake-Savage Area (ISD 719) school districts are
requesting approval of a conditional use permit (CUP) amendment to locate their new joint program
called the Minnesota Center for Advanced Professional Studies (MNCAPS) in the Minnesota School of
Business building located at 17685 Juniper Path. The MNCAPS program “prepares students for careers
by teaching academic content through the lens of a specific field”. MNCAPS is described as a partnership
between business, community and public education to produce a personalized learning experience.
In 2009 the City Council approved a conditional use permit for the Minnesota School of Business (MSB)
to operate an adult education facility in the office building located on Juniper Path, west of
Schneidermans Furniture. Approval of the CUP amendment will allow these two similar uses to locate in
the MSB building on property zoned C-3, General Commercial District.
The Planning Commission held a public hearing on the CUP amendment application at their April 7,
2016 meeting and unanimously recommended approval. There was no public comment. Planning
Department staff also recommends approval.
Primary Issues to Consider
None
Supporting Information
• Amendment to CUP No. 09-02
• Findings of Fact
• April 7, 2016 draft Planning Commission meeting minutes
• April 1, 2016 planning report
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: High Quality Education
Report Completed by: Daryl Morey, Planning Director
April 18, 2016
Zoning Ordinance
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AMENDMENT TO CONDITIONAL USE PERMIT NO. 09-02
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
hereby grants a conditional use permit to ISD 194 and ISD 719 to operate the Minnesota Center
for Advanced Professional Studies (MNCAPS) program in the Minnesota School of Business
(MSB) building located at 17685 Juniper Path.
2. Property. The permit is for the following described property in the City of Lakeville,
Dakota County, Minnesota:
Lot 2, Block 3, Argonne Park
3. Conditions. This conditional use permit is issued subject to the following:
A. ISD 194, ISD 719 and Minnesota School of Business representatives shall provide the
City with MNCAPS and MSB enrollment projections prior to the beginning of each
school year in order to ensure the City’s parking requirements are being met.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
5. Lapse. If within one year of the issuance of this conditional use permit amendment the
use allowed by this permit has not commenced, this permit shall lapse.
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6. Criminal Penalty. Violation of the terms of this conditional use permit amendment is a
criminal misdemeanor.
DATED: April 18, 2016
CITY OF LAKEVILLE
BY: ________________________
Matt Little, Mayor
BY: ________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this 18th day of April, 2016,
by Matt Little, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority
granted by its City Council.
_______________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
MNCAPS CUP AMENDMENT
FINDINGS OF FACT AND DECISION
On April 7, 2016, the Lakeville Planning Commission met at its regularly scheduled meeting to consider
the application of ISD 194 for an amendment to CUP No. 09-02 to allow an adult education facility at the
Minnesota School of Business (MSB) building located at 17685 Juniper Path. The Planning Commission
conducted a public hearing on the CUP amendment application 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 subject property is located in Comprehensive Planning District 1 (I-35/CR 50/Orchard Lake),
which guides the property for commercial use.
2. The subject site is currently zoned C-3, General Commercial District.
3. Legal description of the property is:
Lot 2, Block 3, Argonne Park
4. Chapter 4 of the City of Lakeville Zoning Ordinance provides that a conditional use
permit/amendment may not be issued unless certain criteria are 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.
Finding: The MNCAPS use is consistent with the District 1 recommendations of the
Comprehensive Plan.
b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: The MNCAPS use of the MSB building will be compatible with the office and
commercial uses in the surrounding area.
c. The proposed use conforms to all performance standards contained in the Zoning Ordinance
and the City Code.
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Finding: The MNCAPS use will comply with Zoning Ordinance requirements subject to an
annual review of MNCAPS and MSB enrollment projections to determine on-site parking
demand.
d. The proposed use can be accommodated with existing public services and will not overburden
the City’s service capacity.
Finding: The MNCAPS use of the MSB building can be accommodated with the existing public
services on the subject property and will not overburden the City’s service capacity.
e. Traffic generated by the proposed use is within capabilities of streets serving the property.
Finding: The traffic generated by the MNCAPS use will be within the capacity of the streets that
serve the subject property.
5. The report dated April 1, 2016 prepared by Daryl Morey, Planning Director is incorporated herein.
DECISION
The City Council approves the MNCAPS conditional use permit amendment in the form attached
thereto.
DATED: April 18, 2016
CITY OF LAKEVILLE
BY: __________________________
Matt Little, Mayor
BY: __________________________
Charlene Friedges, City Clerk
City of Lakeville
Planning Department
Memorandum
To: Planning Commission
From: Daryl Morey, Planning Director
Date: April 1, 2016
Subject: Packet Material for the April 7, 2016 Planning Commission Meeting
Agenda Item: ISD 194 (MNCAPS) Conditional Use Permit Amendment
Application Action Deadline: April 24, 2016
INTRODUCTION
ISD 194 representatives have submitted an application to amend the Minnesota School of
Business (MSB) conditional use permit (CUP) approved in 2009 for their adult education
facility located at 17685 Juniper Path. The MSB building is located west of the Southfork
Shopping Center on property zoned C-3, General Commercial District. Adult education
facilities are allowed by CUP in the C-3 District.
The Minnesota Center for Advanced Professional Studies (MNCAPS) is a joint program
between the Lakeville Area (ISD 194) and Prior Lake-Savage Area (ISD 719) public schools.
The MNCAPS program “prepares students for careers by teaching academic content through
the lens of a specific field”. MNCAPS is described as a partnership between business,
community and public education to produce a personalized learning experience.
MNCAPS is open to juniors and seniors in the Lakeville and Prior Lake-Savage school districts.
MNCAPS students will spend three hours at the MSB building, either in a morning or an
afternoon session, and the rest of their day at their respective high school (Lakeville North,
Lakeville South or Prior Lake). Students have to provide their own transportation to the MSB
building - there will be no school bus service provided. The MNCAPS program will launch in
September for the 2016-2017 school year and will initially include two pathway options:
Business and Health Care.
EXHIBITS
Exhibit A – Aerial Location Map
Exhibit B – MNCAPS Informational Brochure (2 pages)
ISD 194 (MNCAPS) CUP Amendment
April 7, 2016 Planning Commission Meeting
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PLANNING ANALYSIS
On May 18, 2009 the City Council approved a conditional use permit for the Minnesota School
of Business to operate an adult education facility in the office building located at 17685
Juniper Path. Staff has reviewed the MNCAPS program information provided by ISD 194,
discussed the program with ISD 194 officials, and determined that the proposed use is similar
to the MSB. As such, staff has determined that the required planning action is a CUP
amendment.
The 2009 MSB CUP planning report focused on the parking demand associated with the
proposed adult education use. Using parking standards from the Institute of Transportation
Engineers (ITE) for a junior college/community college in a suburban location, a parking
requirement of 0.82 spaces/student was required for MSB. The 0.82 spaces/student
requirement, which takes into account the staff needed to support the student enrollment, is
still valid in 2016.
Planning staff contacted the MSB to get updated building tenant and student enrollment
information. Enrollment information for MNCAPS was provided by ISD 194.
MSB currently has a day time peak student enrollment of 32 (Wednesdays) and a peak
evening enrollment of 24 (Mondays). The current number of MSB students is much lower
than MSB initially projected with their 2009 CUP application. There is a total of 14-18 staff at
MSB throughout the entire day.
MNCAPS enrollment will initially be limited to 120 students (60 in the morning session and 60
in the afternoon session). The enrollment could increase in subsequent school years
depending upon demand for the MNCAPS program. There also would be 4-6
instructors/administrators for each of the morning and afternoon sessions.
Finally, there is one other office tenant (NRG Energy) in the MSB building that occupies 4,275
square feet of space.
Staff’s parking analysis is as follows:
MSB
32 peak day time students x 0.82 = 26 spaces
MNCAPS
60 students/session x 0.82 = 49 spaces
NRG
4,275 s.f./200 = 21 spaces
ISD 194 (MNCAPS) CUP Amendment
April 7, 2016 Planning Commission Meeting
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The peak parking requirement for the MSB building, given the existing NRG and MSB uses and
the proposed MNCAPS use, is 96 spaces. There are 154 parking spaces provided on-site.
Therefore, the proposed parking demand will be met by the current on-site parking supply.
Staff’s review of the parking demand through analysis of aerial photos and site inspections
confirms this conclusion.
RECOMMENDATION
Planning Department staff recommends approval of the ISD 194 (MNCAPS) conditional use
permit amendment subject to the following stipulation:
1. ISD 194 and Minnesota School of Business representatives shall provide the City with
MNCAPS and MSB enrollment projections prior to the beginning of each school year in
order to ensure parking requirements are being met.
Findings of fact in support of the CUP amendment request are attached.
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ISD 194
MNCAPS
ISD 194
MNCAPS
CUP Amendment
City of Lakeville
Aerial Map
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J U B I L E E C I R
EXHIBIT A