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HomeMy WebLinkAboutItem 07City of Lakeville Planning Department Memorandum To : Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: May 26, 2017 Subject: Packet Material for the June 1, 2017 Planning Commission Meeting Agenda Item: Conditional Use Permit Amendment to allow a daycare facility in the C- CBD, Commercial Central Business District Action Deadline: July 7, 2017 INTRODUCTION Representatives of Hypointe Child Care, LLC have applied for a conditional use permit amendment to allow a child daycare facility to be located at 8755 Upper 208th Street in an area now occupied by Independent School District 194 for Community Education office and classroom space. Hypointe Child Care would occupy 7,039 square feet of the 10,763 square foot building space. The daycare is proposed to have a maximum licensed capacity of 107 children. The remaining space will be occupied by ISD 194 until August 31, 2017. There is no proposed occupant for the ISD 194 vacated space after that time. Chapter 31 of the Zoning Ordinance allows principal or accessory daycare 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 daycare operator will apply for this license separately. The following exhibits are attached for your information: EXHIBITS 2 A. Zoning and Location Map B. Aerial Photo C. Overall Site Plan D. Building Area Floor Plan E. Application Introduction and Narrative (2 Pages) APPLICATION ANALYSIS Property Summary. The building on the property was constructed in 1987 and has been used and occupied by adult education classrooms and child daycare space since that time. Conditional Use Permits were approved for child daycare in 1987 for up to 100 children; in 1995 for 86 children; and in 2000 allowing the expansion of office and classroom space for adult education, pre-school child education and district offices. Surrounding Land Uses and Zoning North – Pioneer Park (P/OS District) and commercial businesses (C-CBD District) South – Upper 208th Street commercial businesses (C-CBD District) East – Holyoke Avenue and commercial businesses West – Howland Avenue and senior housing (PUD District) Lot Requirements and Setbacks. The property and building were developed and constructed in 1987 according to the requirements at that time. The lot is 0.95 acres and the building is 10,672 square feet in area. The lot and building comply with Zoning Ordinance requirements. 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 connected to City sewer and water to adequately serve the proposed daycare use. Outdoor Play Area. The existing outdoor play area on the west (rear) side of the building will remain as it is. Minimum outdoor play area requirements are overseen by the Minnesota Department of Health and Human Services. The outdoor play is fenced, as required, and is subject to approval of the State’s childcare licensing requirements. Parking. The daycare use requires 27 parking spaces for 107 children at a rate of one space for each four children of proposed capacity. The remaining 3,724 square feet of office space requires 11 parking spaces for a total of 31 parking spaces as required by the C-CBD District parking requirements. The site currently has 38 off street parking spaces on the west side of the property in addition to the three on-street parking spaces in front of the building as allowed in the C-CBD District. The total amount of available parking for the site is 45 spaces. 3 Loading. A minimum of one loading space shall be provided for the child daycare facility. The loading space is located at the south entrance to the building. Days and Hours. The child daycare facility will be open Monday-Friday, 6:30am to 6:00pm. Signage. A sign permit shall be issued prior to installation of any permanent or temporary signage. State License. A license from the Minnesota Department of Human Resources to operate the child daycare facility shall be obtained prior to occupancy of the child daycare facility. Trash Enclosure. The outdoor trash enclosure on the north side of the parking lot behind the building was removed some time in 2010 and not reconstructed. There are two roll-out trash/recycling containers in the parking lot that require a new gated enclosure constructed to Zoning Ordinance requirements. RECOMMENDATION Planning Department staff recommends approval of the Hypointe Childcare facility conditional use permit amendment subject to the following stipulations: 1. All permits and requirements of the Minnesota Department of Human Services shall be met prior to occupancy of the child daycare facility. 2. Licensed occupancy for the child daycare facility shall not exceed 107 children. 3. A building permit is required prior to commencing any construction or remodeling work. 4. A trash and recycling container enclosure shall be constructed to enclose the outdoor stored containers in compliance with Zoning Ordinance requirements. 5. A permit shall be obtained prior to the installation of any permanent or temporary signage. Findings of Fact are attached. 4 cc: Tricia DeMarais Jennifer Orth Metro Equity Management PUD PUD C-CBD C-CBD RS-CBD RM-1 RH-1 RS-3 I-CBD RS-CBD RH-1 RST-1P/OS UPPER 206TH ST W 206TH ST W HOLYOKE AVEHOWLAND AVEHOLT AVEHOLLINS AVEHUGHES AVE207TH ST W 208TH ST W 209TH ST W UPPER 209TH ST W 208TH ST W 8755 UPPER 208TH STREET WEST Ü EXHIBIT A EXHIBIT B EXHIBIT D EXHIBIT E 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA HYPOINTE CHILD DAYCARE C.U.P. AMENDMENT FINDINGS OF FACT AND RECOMMENDATION On June 1, 2017 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider a conditional use permit amendment to allow child daycare for not more than 107 children in the C-CBD, Commercial Central Business District on property located at 8755 Upper 208th Street. The Planning Commission conducted a public hearing on the proposed conditional use permit amendment 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 located in Planning District No. 7 of the 2008 Comprehensive Plan, which guides the property for commercial uses. 2. The property is currently zoned C-CBD, Commercial Central Business District. 3. The legal description of the property is: That part of the Southwest Quarter of the Southeast Quarter in Section 29, Township 114, Range 20, described as follows, to-wit: Commencing at the Southeast corner North along East line 945.52 feet to Southerly right of way line Chicago, Milwaukee, St. Paul & Pacific Railroad, thence North 73D52M24S West along right of way 41.64 feet to beginning, thence North parallel East line 156.15 feet to Northerly right of way of Railroad, thence North 73D52M24S West along Northerly right of way 280.96 feet, thence South 0D0M26S East 156.15 feet to Southerly right of way of Railroad, thence south 73D52M24S East along Southerly right of way Railroad 280.94 feet to beginning, EXCEPT North 15.06 feet of West 54.22 feet to City of Lakeville for street. 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 are satisfied. The criteria and our findings regarding them are: 2 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 proposed child daycare facility is consistent with the 2030 Land Use Plan and District 5 recommendations of the Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: Provided compliance with the conditional use permit amendment, the proposed child daycare facility will be compatible with existing and future land uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: Provided compliance with the conditional use permit amendment, the child daycare 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. Finding: The subject property lies within in the current MUSA. The property is served with city sanitary sewer and water. The child daycare facility will have no impact on the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The child daycare use will not overburden the streets serving the property. 5. The planning report dated May 26, 2017 prepared by Associate Planner Frank Dempsey is incorporated herein. RECOMMENDATION The Planning Commission recommends that the City Council approve the 3 conditional use permit amendment in the form attached thereto. DATED: June 1, 2017 LAKEVILLE PLANNING COMMISSION BY: _________________________ Jason Swenson, Chair