HomeMy WebLinkAboutItem 06.n
June 19, 2017 Item No. _____
HYPOINTE CHILD CARE CONDITIONAL USE PERMIT AMENDMENT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Hypointe Child Care
conditional use permit amendment and adopt the findings of fact.
Overview
Representatives of Hypointe Child Care have submitted a conditional use permit amendment
application for a child day care facility to be located in downtown Lakeville at 8755 – Upper
208th Street. The child care facility will occupy approximately 75% of the building now occupied
by ISD 194 for their Community Education use. The Community Education use will be
relocated by August 31, 2017.
The Planning Commission held a public hearing on the conditional use permit amendment at their
June 1, 2017 meeting. The Planning Commission recommended unanimous approval of the
conditional use permit amendment subject to five stipulations. There was no public comment.
Primary Issues to Consider
Will there be any exterior site modifications? There will be no significant exterior modifications to
the site other than construction of a trash and recycling container enclosure as recommended by the
conditional use permit amendment.
Supporting Information
• Conditional Use Permit Amendment form
• Findings of fact
• June 1, 2017 draft Planning Commission meeting minutes
• May 26, 2017 planning report
Financial Impact: $ None Budgeted: Y☐ N ☐ Source: ______________________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance_______________________________________________________________ Envision Lakeville Community Values: Diversified Economic Development_______________________________________ Report Completed by: __Frank Dempsey, AICP, Associate Planner___________________________________________________
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CONDITIONAL USE PERMIT AMENDMENT NO. 17-___
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
hereby grants a conditional use permit amendment to Hypointe Childcare to allow a day
care facility at 8755 – Upper 208th Street.
2. Property. The permit is for the following described property located in the City of Lakeville,
Dakota County, Minnesota:
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.
3. Conditions. The conditional use permit amendment is issued subject to the following
conditions:
a) All permits and requirements of the Minnesota Department of Human Services shall
be met prior to occupancy of the child daycare facility.
b) Licensed occupancy for the child daycare facility shall not exceed 107 children.
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c) A building permit is required prior to commencing any construction or remodeling
work.
d) A trash and recycling container enclosure shall be constructed to enclose the
outdoor stored containers in compliance with Zoning Ordinance requirements.
e) 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.
DATED: June 19, 2017
CITY OF LAKEVILLE
BY:________________________
Douglas P. Anderson, Mayor
BY:________________________
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 19th day of June, 2017, by
Douglas P. Anderson, Mayor and by Charlene Friedges, City Clerk of the City of Lakeville,
a Minnesota municipal corporation, on behalf of the corporation.
__________________________
Notary Public
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HYPOINTE CHILD DAYCARE C.U.P. AMENDMENT
FINDINGS OF FACT AND DECISION
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. The City Council hereby adopts the following:
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:
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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.
DECISION
The City Council approves the Hypointe Child Care Conditional Use Permit
Amendment in the form attached hereto.
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DATED: June 19, 2017
CITY OF LAKEVILLE
BY:_______________________
Douglas P. Anderson, Mayor
BY:________________________
Charlene Friedges, City Clerk
City 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
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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.
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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.
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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
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EXHIBIT A
EXHIBIT B
EXHIBIT D
EXHIBIT E