Loading...
HomeMy WebLinkAboutItem 06.h Date: Item No. YMCA ECLC CONDITIONAL USE PERMIT Proposed Action Staff recommends adoption of the following motion: Move to approve the YMCA ECLC conditional use permit and adopt the findings of fact. Overview YMCA ECLC has submitted an application and plans for a conditional use permit to allow a child daycare facility in an existing multi-tenant commercial building in the C-3 District located at 16331 Kenrick Avenue. The Planning Commission held a public hearing on April 19, 2018 to consider the conditional use permit request. The Planning Commission recommended unanimous approval of the conditional use permit subject to the five stipulations listed in the April 12, 2018 planning report. There were no public comments at the public hearing. The Planning Commission recommended additional landscaping on the north side of the play area as a buffer from vehicle traffic exiting the Starbucks drive-through. The developer has submitted a revised site plan with added landscaping, which is attached. Primary Issues to Consider Does the property meet the minimum parking requirements after the removal of 18 parking spaces for an outdoor play area? Yes, 107 parking spaces are required and 125 parking spaces will be provided. Supporting Information • Conditional use permit • Findings of fact • Revised site plan • April 19, 2018 draft Planning Commission meeting minutes • April 12, 2018 planning report Financial Impact: Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Brent Jones, Planning Assistant/Code Enforcement Technician May 7, 2018 None Zoning Ordinance 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 18-___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit for YMCA ECLC to allow a child daycare facility in the C-3, General Commercial District. 2. Property. The permit is for the following described property located at 16331 Kenrick Avenue in the City of Lakeville, Dakota County, Minnesota: Lot 1, Block 1, Kenrick Commons 3. Conditions. The permit 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 166 children, unless an amendment to the CUP is approved by the City Council. c. A building permit is required prior to commencing any construction or remodeling work on-site. d. Six pyramidal arborvitae trees at least 48 inches in height shall be planted on the north side of the play area, as shown on the revised site plan. 2 e. A $5,000 security shall be submitted prior to the issuance of a building permit for the erosion control and restoration of the site for the parking lot removal, construction of the outdoor play area, and installation of landscaping. 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 child 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. Date:_______________________ CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor BY:________________________ Charlene Friedges, City Clerk The following instrument was acknowledged before me this 7th day of May, 2018, 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 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA YMCA ECLC CONDITIONAL USE PERMIT On April 19, 2018 the Lakeville Planning Commission met at it’s regularly scheduled meeting to consider the application of YMCA for a conditional use permit to allow a child daycare facility at 16331 Kenrick Avenue. 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 located in Planning District No. 1 of the 2008 Comprehensive Plan, which guides the property for commercial use. 2. The property is currently zoned C-3, General Commercial District. 3. The legal description of the property is: Lot 1, Block 1, Kenrick Commons 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. Finding: The proposed child daycare facility is consistent with the commercial use of the property. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed child daycare facility will be compatible with existing and future land uses in the area. 2 c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: Provided compliance with the stipulations of the conditional use permit, the proposed 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 the existing MUSA. The property is served with city sanitary sewer and city water. The proposed child daycare facility will not overburden the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The proposed child daycare facility will not overburden the streets serving the property. 5. The planning report, dated April 12, 2018, prepared by Planning Assistant/Code Enforcement Technician Brent Jones is incorporated herein. DECISION The City Council approves the conditional use permit in the form attached hereto. DATED: May 7, 2018 CITY OF LAKEVILLE BY: ________________________ Douglas P. Anderson, Mayor BY: ________________________ Charlene Friedges, City Clerk Parking Counts: Existing Parking:143 Stalls Multiple Occupancy Retail Parking: 108 Stalls 19,162 SF * 10% reduction = 17,245.8 SF 17,245.8 SF/160 SF = 107.78 Required Parking:108 Stalls Provided Parking:125 Stalls Impervious surface reduced by 5,083 SF 26 18 10 9 26 10 18 44 Playground Playground Playground Existing Building Iron World Manufacturing Maverick R Ornamental Picket Fence - Aberdeen Three Rail New concrete sidewalk Concrete curb surrounding playground Demolish existing parking lot this area Fiber mulch and playground equipment by others Kenrick AvenueKenri ck LoopNew Daycare Tenant 10,188 SF Building SetbackParking SetbackProperty Line57' - 0"61' - 0"Loading Area New sod at disturbed areas New sod at disturbed areas Pyramidal arboravitae, 48" high minimum; 6 thus 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 REVISIONS: DATE:C:\1-Revit\Revit 2018\17090-02 - Lakeville YMCA LCC_bjacobson-cnh.rvt4/23/2018 6:06:45 PMCS01Site PlanLakeville YMCA ECLC16331 Kenrick AvenueLakeville, MN 5504417090-02 02/28/18 1" = 20'-0"CS01 A1 Schematic Site Plan CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES April 19, 2018 Chair Swenson called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Chair Swenson, Vice Chair Kaluza, Jason Kelvie, Scott Einck, Karl Drotning, Jeff Witte, Paul Jarvis Members Absent: Brooks Lillehei, Ex-officio member Mike Lamm Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Brent Jones, Planning Assistant/Code Enforcement Technician; Alex Jordan, Assistant City Engineer; Dan Licht, The Planning Company; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The April 5, 2018 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated the following were distributed at tonight’s meeting: 1. April 18, 2018 Parks, Recreation and Natural Resources Committee draft motion regarding the Rallis First Addition preliminary plat 2. Additional property owner requests pertaining to the draft 2040 Land Use Plan and 2040 MUSA Map for tonight’s work session discussion Mr. Morey stated tonight’s work session will be held in the Council Chambers at the conclusion of the regular Planning Commission meeting. Mr. Morey encouraged Planning Commission members to visit the Land Use Training & Education Program website (www.mngts.org) and sign up for any of the government training classes they provide. Chair Swenson stated that he has taken some of these classes and he highly recommends them. 5. YMCA Chair Swenson opened the public hearing to consider the application of the YMCA for a conditional use permit to allow a child day care facility in the C-3, General Commercial District, located at 16331 Kenrick Avenue. Planning Commission Meeting Minutes, April 19, 2018 Page 2 Scott Peterson from the YMCA and Quinn Hutson from CNH Architects were present at tonight’s meeting. Mr. Peterson provided a brief presentation of the project. He indicated that this will be the seventh early childhood center and first stand-alone facility in the Twin Cities. He feels the location is ideal because it has quick and easy access to the freeway. The curriculum will include a fitness program to prepare the kids for success in school. He indicated they are proposing ten classrooms in the facility serving 166 kids. The YMCA meets or exceeds all state licensing. Mr. Peterson felt that their traffic generation won’t be much different from the Fitness 19 use currently located there. Planning Assistant/Code Enforcement Technician Brent Jones presented the planning report. Mr. Jones stated that YMCA representatives have applied for a conditional use permit (CUP) to allow a daycare facility with a maximum capacity of 166 children in the tenant space currently occupied by Fitness 19 and the tenant space formerly occupied by Trans4orm located at 16331 Kenrick Avenue. The Zoning Ordinance allows principal or accessory daycare facilities in all zoning districts subject to the approval of a CUP and compliance with the provisions listed in Section 11-31-5 of the Zoning Ordinance. The daycare operator will apply for their license to operate separately from this CUP application. An outdoor play area is proposed to be located on the west (back) side of the building where there is currently a parking lot. The construction of the outdoor play area removes 18 parking spaces, resulting in 125 total parking spaces for the multiple tenant commercial building, which complies with Zoning Ordinance requirements. The daycare use will be compatible with the other commercial uses on the property. Mr. Jones stated that staff recommends approval of the YMCA child daycare facility CUP, subject to the five stipulations listed in the April 12, 2018 planning report, and adoption of the Findings of Fact dated April 19, 2018. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Drotning to close the public hearing at 6:10 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included: • Traffic congestion at the 160th Street (CSAH 46) and Kenrick Avenue intersection. Assistant City Engineer Alex Jordan stated that the County is working on optimizing the traffic signals in the CSAH 46 corridor to reduce congestion. Planning Commission Meeting Minutes, April 19, 2018 Page 3 • Commissioner Witte recommended that the YMCA install a barrier such as bollards, decorative boulders, or landscaping on the north side of the outdoor play area to segregate it from the Starbucks drive-through traffic flow. • The parking lot traffic patterns were discussed. Commissioner Drotning indicated that it was good to have three ways to enter and exit the parking lot for this commercial center. • Commissioner Kaluza stated that he was very excited to have a childcare facility in this part of the city. • Discussed the type of fence proposed around the outdoor play area. • The Planning Commission agreed that City staff will work with the YMCA, prior to City Council for consideration of the CUP, regarding the type of barrier to be installed on the north side of the outdoor play area. Motion was made by Drotning, seconded by Kaluza to recommend to City Council approval of the YMCA Conditional Use Permit to allow a child daycare facility in the C-3, General Commercial District, located at 16331 Kenrick Avenue, subject to the following five stipulations, and adoption of the Findings of Fact dated April 19, 2018: 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 166 children, unless an amendment to the CUP is approved by the City Council. 3. A building permit is required prior to commencing any construction or remodeling work on-site. 4. A $5,000 security shall be submitted prior to the issuance of a building permit for the erosion control and restoration of the site for the parking lot removal and construction of the outdoor play area. 5. A permit shall be obtained prior to the installation of any permanent or temporary signage. Ayes: Kelvie, Einck, Jarvis, Swenson, Kaluza, Witte, Drotning Nays: 0 6. Rallis First Addition Chair Swenson opened the public hearing to consider the application of John Rallis for a preliminary plat of one lot and one outlot to be known as Rallis First Addition, located east of Dodd Boulevard (CSAH 9), south of Itea Avenue and west of Idealic Avenue. Dr. Jacob Yetzer presented a brief overview of the request. Dr. Yetzer is representing Advanced Oral Surgery and will be one of two surgeons practicing at this site. He feels their business will add a lot of value to the community, including approximately 20 jobs. He indicated that a tenant agreement has been arranged with John Rallis, the developer. Mr. Yetzer grew up in Lakeville so he is excited to be able to bring his business here. Grant Jacobson from Jacobson Engineers and Surveyors was also in attendance representing the applicant. City of Lakeville Planning Department Memorandum To : Planning Commission From: Brent Jones, Planning Assistant/Code Enforcement Technician Date: April 12, 2018 Subject: Packet Material for the April 19, 2018 Planning Commission Meeting Agenda Item: YMCA ECLC Conditional Use Permit Action Deadline: June 30, 2018 (application extended 60 days) INTRODUCTION Representatives of YMCA ECLC have applied for a conditional use permit to allow a child daycare facility to be located at 16331 Kenrick Avenue in the tenant space that is currently occupied by Fitness 19 and the tenant space that was formerly occupied by Trans4orm, but is currently vacant. YMCA would occupy 10,188 square feet of the 18,926 square foot multi- tenant commercial building. The daycare is proposed to have a maximum licensed capacity of 166 children. 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 and compliance with the provisions listed in Section 11-31-5 of the Zoning Ordinance. 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 A. Aerial Photo B. Zoning Map C. Overall Site Plan D. Building Area Floor Plan 2 APPLICATION ANALYSIS Property Summary. The multi-tenant commercial building on the property was constructed in 2004. Current tenants include Starbucks, John’s Tailors, Fantastic Sams, Mimi Spa Nails, Align Chiropractic, and Fitness 19. The proposed YMCA is to be located in the Fitness 19 tenant space and the adjacent tenant space to the north that was formerly occupied by Trans4orm, but is currently vacant. Surrounding Land Uses and Zoning North – CSAH 46 and Kenrick Liquor Store (C-3, General Commercial District) South – Kenrick Avenue and commercial businesses (C-3, General Commercial District) East – Kenrick Avenue and commercial businesses (C-3, General Commercial District) West – Kenrick Loop and commercial businesses (C-3, General Commercial District) Lot Requirements and Setbacks. The property and building were developed and constructed in 2004. The lot is 3.23 acres and the building is 18,926 square feet. 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. An outdoor play area is proposed to be located on the west side of the building where there is currently a parking lot. The construction of the outdoor play area will result in the removal of 18 parking spaces. 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. If the daycare facility was located in a single-tenant building, there would be 42 required parking spaces for 166 children calculated at one space for each four children of proposed capacity. Because the daycare in located in a multi-tenant building, the parking requirement for entire property is 1 space per 160 square feet of gross leasable floor area, minus 10%. The square footage of the multi-tenant building is 18,926 square feet, which means that 107 parking spaces are required. The proposed parking for the property after the construction of the play area is 125 parking spaces, which complies with Zoning Ordinance requirements. Days and Hours. The child daycare facility will be open Monday-Friday, 6:30am to 6:30pm. Signage. A sign permit shall be issued prior to installation of any permanent or temporary signage. Land Use Compatibility. The daycare use will be compatible with the other commercial uses on the property and will not have an impact on traffic circulation on the site. The outdoor play area will be located on the back side of the building, away from the other commercial businesses. 3 Trash Enclosure. There is an existing outdoor trash enclosure on the west side of the building that meets Zoning Ordinance requirements and will remain. 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. RECOMMENDATION Planning Department staff recommends approval of the YMCA child daycare facility conditional use permit 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 166 children, unless an amendment to the CUP is approved by the City Council. 3. A building permit is required prior to commencing any construction or remodeling work on-site. 4. A $5,000 security shall be submitted prior to the issuance of a building permit for the erosion control and restoration of the site for the parking lot removal and construction of the outdoor play area. 5. A permit shall be obtained prior to the installation of any permanent or temporary signage. Findings of Fact are attached. cc: Jackie Knight Anita Lancello Brooke Jacobson YMCA Day Care CUP Property Information April 3, 2018 0 225 450112.5 ft 0 60 12030 m 1:2,400 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. EXHIBIT A ± C-3 C-3 C-3 RM-1 RS -3 162ND ST (CSAH 46) C-3 C-3 RST-1 P/OS ROW KE N R I C K AV EKENRICKLOOPC-3 C-3 JAZZCT JEWEL AVECity of LakevilleZoning Map YMCA CUPKenrick Commons EXHIBIT B Parking Counts: Existing Parking:143 Stalls Multiple Occupancy Retail Parking: 108 Stalls 19,162 SF * 10% reduction = 17,245.8 SF 17,245.8 SF/160 SF = 107.78 Required Parking:108 Stalls Provided Parking:125 Stalls Impervious surface reduced by 5,083 SF 26 18 10 9 26 10 18 44 Playground Playground Playground Existing Building Iron World Manufacturing Maverick R Ornamental Picket Fence - Aberdeen Three Rail New concrete sidewalk Concrete curb surrounding playground Demolish existing parking lot this area Fiber mulch and playground equipment by others Kenrick AvenueKenri ck LoopNew Daycare Tenant 10,188 SF Building SetbackParking SetbackProperty Line56' - 0"60' - 0"Loading Area 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 REVISIONS: DATE:C:\1-Revit\Revit 2018\17090-02 - Lakeville YMCA LCC_bjacobson-cnh.rvt4/11/2018 9:54:46 AMCS01Site PlanLakeville YMCA ECLC16331 Kenrick AvenueLakeville, MN 5504417090-02 02/28/18 1" = 20'-0"CS01 A1 Schematic Site Plan - 76 SF Vestibule 101 505 SF Toddlers B 118 505 SF Toddlers C 117 721 SF Transition 116 726 SF Preschool A 115 722 SF Preschool B 114 720 SF Preschool C 113 305 SF Kitchen A 112 718 SF Preschool D 110 420 SF Infants B 105 420 SF Infants A 104 149 SF Office 103 200 SF Staff Work Area 108 93 SF Storage 107 76 SF Restroom 106 505 SF Toddlers A 119 91 SF Laundry A 111 1094 SF Hallway 120 280 SF Feature Room 109 294 SF Reception 102 Double tier metal lockers; each room New 2'-0" x 6'-0" Integrity All Ultrex windows; 10 thus CPT-1CT-1CT-1CPT-1 LVTCT-1CT-1LVT LVTCT-1CT-1LVT CT-1LVTLVTCT-1CT-1LVTLVTCT-1CT-1LVTLVTCT-1LVTCT-1 CT-1LVTLVTCT-11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 A B C D E F G H J K L M A B C D E F G H J K L M © COPYRIGHT BY CNH ARCHITECTS, INC.7300 WEST 147TH STREET SUITE 504 APPLE VALLEY, MN 55124-7580 (952) 431-4433CNH NO.: 2 3 4 5 6 7 8 9 10 11 12 13 14 151 REVISIONS: DATE:C:\1-Revit\Revit 2018\17090-02 - Lakeville YMCA LCC_bjacobson-cnh.rvt2/28/2018 4:06:38 PMCITY SUBMITTAL CS02Floor PlanLakeville YMCA LCC16331 Kenrick AvenueLakeville, MN 5504417090-02 02/28/18 1/8" = 1'-0"CS02 A1 Overall First Floor Plan