HomeMy WebLinkAboutItem 07January 29, 2010
Item No.
FEBRUARY 1, 2010 CITY COUNCIL MEETING
MINNESOTA SCHOOL OF BUSINESS CONDITIONAL USE PERMIT
Proposed Action
Staff recommends approval of the following motion: Move to approve the Minnesota School of Business
conditional use permit and adopt the findings of fact as presented.
Overview
Minnesota School of Business has submitted a conditional use permit application to allow the operation of a
business school for their veterinary technology program in the Southfork Office Center located at 17645
Juniper Path. The Zoning Ordinance considers the business school an adult education facility in the C-3,
General Commercial District, which requires approval of a conditional use permit.
The veterinary technology program is designed to provide students with skills for entry-level employment as
a veterinary technician. Minnesota School of Business has purchased the building and will be utilizing 5,515
square feet of the 23,676 square foot building. The existing tenants will remain in their current leased
spaces. This past summer Minnesota School of Business purchased the adjacent building for their new
Lakeville campus and opened the first higher -education facility in Lakeville.
The Planning Commission held a public hearing on the conditional use permit application at their January 21,
2010 meeting. There was no public comment. The Planning Commission recommended approval on a 4-1
vote of the conditional use permit subject to the six stipulations listed in the attached January 21, 2010
Planning Commission meeting minutes. Community and Economic Development and Planning staff also
recommend approval of the conditional use permit.
Primary Issues to Consider
Will there be any issues with a veterinary technology education program occupying a portion of the office
building in this location?
While the adult education facility will not operate as a veterinary clinic, staff felt it appropriate to compare the
veterinary clinic standards in Chapter 11-70-7(J) of the Zoning Ordinance to the veterinary technology
program narrative provided by Minnesota School of Business (attached as an exhibit to the planning report).
An analysis was done to demonstrate the compatibility of the Veterinary Technology Program with the City's
ordinance standards for veterinary clinics.
Supporting Information
• Conditional Use Permit
• Findings of Fact
• January 21, 2010 Draft Planning Commission Meeting Minutes
• January 15, 2010 Planning Report
• Letter of support from Roz Peterson
Adam Kienb rger
Economic DevelooMent Specialist
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
Conditional Use Permit No.
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a
conditional use permit to Myhre Holdings — Lakeville, LLC (Minnesota School of Business)
to allow the operation of an adult education facility in the C-3, General Commercial District
located at 17645 Juniper Path.
2. Property. The conditional use permit is for the following described property in the City of
Lakeville, Dakota County, Minnesota:
Lot 1, Block 3, Argonne Park
3. Conditions: The conditional use permit is issued subject to the following condition:
a. An enclosed dog run area shall be constructed on the south side of the building adjacent
to the existing retaining wall with a solid fence height of at least six (6) feet.
b. Indoor animal kennel floors and walls shall be made of nonporous materials or sealed
concrete to make it nonporous.
c. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed in a
container of sufficient construction to eliminate odors and organisms and shall be
properly disposed of at least once a day.
d. The building plans shall be reviewed and approved by the Fire Marshall and Building
Official prior to the issuance of a building permit for interior modifications.
e. All building signage shall require a sign permit from the City of Lakeville prior to
installation.
f. Future expansion of Minnesota School of Business within the Southfork Office Center
shall be subject to a Conditional Use Permit Amendment.
4. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of the permit.
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5. Lapse. If within one year from the issuance of this permit the conditional use permit
amendment has not been completed or the use commenced, this permit shall lapse.
6. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
Date: February 1, 2010
By:
By:
CITY OF LAKEVILLE
Holly Dahl, Mayor
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this day of 2010 by
Holly Dahl, 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
Notary Public
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
MINNESOTA SCHOOL OF BUSINESS
CONDITIONAL USE PERMIT
FINDINGS OF FACT
On January 21, 2010, the Lakeville Planning Commission met at its regularly scheduled meeting
to consider a conditional use permit to allow Minnesota School of Business to operate an adult
education facility in the Lakeville Office Building located at 17645 Juniper Path in the C-3
General Commercial District. 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:
1. The property is currently zoned C-3, General Commercial District.
2. The subject site is located in Comprehensive Planning District 1, which guides the property
for Commercial uses.
3. The property is legal described in the City of Lakeville, Dakota County, Minnesota as:
Lot 1, Block 3, Argonne Park
4. Chapter 4 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:
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 Comprehensive Land Use Plan guides the subject site to be developed for
Commercial uses. Adult education facilities are allowed in the C-3 District as a
conditional use. The proposed business school is consistent with the Comprehensive
Land Use Plan.
b. The proposed use is or will be compatible with present and future land uses of the
area.
The proposed business school use is compatible with the adjacent commercial uses.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
The proposed use meets the required performance standards of the Zoning Ordinance
as stated in detail in the January 15, 2010 Planning Report.
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d. The proposed use can be accommodated with existing public services and will
not overburden the City's service capacity.
The site is served by existing public services.
e. Traffic generated by the proposed use is within capabilities of streets serving the
property.
Access to the property will be provided by Juniper Path a local commercial street. The
existing street system has the capacity to handle the traffic generated by the business
school.
5. The planning report dated January 15, 2010 prepared by Adam Kienberger, Economic
Development Specialist is incorporated herein.
DATED: February 1, 2010
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CITY OF LAKEVILLE
BY:
BY:
Holly Dahl, Mayor
Charlene Friedges, City Clerk
Planning Commission Meeting
L"M A F TJanuary 21, 2010
Page 3
ients must park on the driveway at 16560 Flagstaff Way and shall not
utiliz -street parking.
6. The home ation shall not be conducted between 10:00 p.m. and 7:00
a.m.
7. The provisions of Chapte -32-7 of the Zoning Ordinance shall be met at all
times.
8. The special home occupation permits expire one year from the date of
issuance of the permit at which time the app ' t may file for an extension
of three years.
Ayes: Davis, Adler, Grenz, Drotning, Glad.
ITEM 6. MINNESOTA SCHOOL OF BUSINESS
Chair Davis opened the public hearing to consider the application of Myhre
Holdings -Lakeville, LLC for a Conditional Use Permit to allow an adult education
facility in the C-3, General Commercial District, located at 17645 Juniper Path. The
Recording Secretary attested that the legal notice had been duly published in
accordance with State Statutes and City Code.
Troy Shannon from the Minnesota School of Business presented an overview of
their request.
Economic Development Specialist Adam Kienberger presented the planning report.
Mr. Kienberger stated that Planning Department staff recommends approval of the
Minnesota School of Business Conditional Use Permit, subject to the 6 stipulations
listed in the January 15, 2010 planning report.
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
10.03 Motion was made and seconded to close the public hearing at 6:15 p.m.
Ayes: Adler, Grenz, Drotning, Glad, Davis.
Nays: 0
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
Planning Commission Meeting
January 21, 2010
DRAFTPage 4
• Commissioner Grenz asked if a kennel is a conditional use in the C-3 District.
Mr. Morey indicated that a kennel is a permitted accessory use in conjunction
with a veterinarian clinic, not a stand alone facility. The primary function of
the Minnesota School of Business request is an adult education facility and the
kenneling of animals is secondary to that use. The use of the adult education
facility meets all of the Zoning Ordinance performance criteria. While not
required, staff reviewed the performance standards for veterinary clinics
because they are similar in nature.
• The City Attorney confirmed that as an accessory use a variance is not needed
for the kenneling of animals.
• Commissioner Grenz then asked if a school is teaching airline engine repair
could jet engines be run or if it teaches blowing up stumps could dynamite be
used. Mr. Morey stated that while these examples are a bit extreme, there are
public safety, noise, and other performance standards in the Zoning
Ordinance that would address this scenario.
• Commissioner Grenz felt that a cover on the fence should be a requirement to
prevent the dogs from jumping out. Mr. Morey indicated that up to an 8 foot
tall fence can be erected in commercial districts.
• Because of the 12 foot tall retaining wall on the south and east sides of the
fence and that the dogs are not left unattended and will be on a leash at all
times, it was determined that a cover on the fence would not be necessary.
10.04 Motion was made and seconded to recommend to City Council approval of the
Minnesota School of Business Conditional Use Permit to allow an adult education
facility within the Southfork Office Center, located at 17645 Juniper Path, subject to
the following stipulations:
1. An enclosed dog run area shall be constructed on the south side of the
building adjacent to the existing retaining wall with a solid fence height
of at least six (6) feet.
2. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed concrete to make it nonporous.
3. Animal wastes shall be flushed down an existing sanitary sewer system
or enclosed in a container of sufficient construction to eliminate odors
and organisms and shall be properly disposed of at least once a day.
4. The building plans shall be reviewed and approved by the Fire Marshall
and Building Official prior to the issuance of a building permit for
interior modifications.
Planning Commission Meeting
January 21, 2010
Page 5
5. All building signage shall require a sign permit from the City of Lakeville
prior to installation.
6. Future expansion of Minnesota School of Business within the Southfork
Office Building shall be subject to a Conditional Use Permit Amendment.
Ayes: Drotning, Glad, Davis, Adler.
Nays: Grenz. Mr. Grenz stated that he "did not want to set a precedent to allow
any auxiliary use with the main use."
Chair vis asked for a motion to table the Nordic Square PUD Amendment to a
future Pl g Commission meeting.
10.05 Motion was ma and seconded to table the Nordic Square PUD Amendment to a
future Planning C ssion meeting.
Commissioner Glad re es
Planning Commission the
meeting, where Aggregate
previously requested an amE
packet.
l that when this agenda item comes back to the
utes from the March 6, 2008 Planning Commission
dustries, Inc. and McNamara Contracting, Inc.
[mt to the Nordic Square PUD, are included in the
Ayes: Drotning, Glad, Adler, Davis,
Nays: 0
ITEM 8. ELECTION OF 2010 PLANNING COMMISSION
10.06 Motion was made and Seconded to nominate Co7of
s er Davis to the office of
Chair for the year 2010, subject to the confirmatione C\20,
to nominate
Commissioner Lillehei to the office of Vice Chair for the to nominate
Commissioner Adler to the office of Secretary for the yand to close
nominations.
Ayes: Glad, Davis, Adler, Grenz, Drotning.
Nays: 0
There being no further business, the meeting was adjourned at 6:31 p.m.
City of Lakeville
- voo��--
Community & Economic Development Department
Memorandum
To:
Planning Commission
From:
Adam Kienberger
Economic Development Specialist
Date:
January 15, 2010
Subject:
Packet Material for the Jan. 21, 2010 Planning Commission Meeting
Agenda Item:
Minnesota School of Business CUP
Application
Deadline:
March 5, 2010
BACKGROUND:
Minnesota School of Business has submitted a conditional use permit application to
allow the operation of a business school for their veterinary technology program in the
Southfork Office Center, which is located at 17645 Juniper Path and zoned C-3,
General Commercial District. The Zoning Ordinance considers the business school an
adult education facility in the C-3, General Commercial District, which requires approval
of a conditional use permit.
Minnesota School of Business is an accredited business school and career college with
several locations in Minnesota and the upper Midwest. They currently have eight
Minnesota School of Business locations in the Twin Cities, four Globe Universities in
Minnesota and Wisconsin, their online division in Richfield, and their corporate
headquarters in Woodbury. They are a family owned and managed private business
school that was originally established in the late 1800's. Minnesota School of Business
recently purchased the adjacent Lakeville Office Building and established their first
location in Lakeville in 2009.
The following exhibits are attached for your review:
Exhibit A — Location Map
Exhibit B — Zoning Map
Exhibit C — Aerial Photo
Exhibit D — Floor Plan
Exhibit E — Minnesota School of Business Veterinary Technology Program Narrative
PROJECT ANALYSIS
Title 11-71-7(B) of the Zoning Ordinance allows adult education facilities by conditional
use permit in the C-3 District. The Zoning Ordinance lists nine criteria that must be met.
The criteria are as follows:
Licensing: The Minnesota School of Business is registered as a private
institution with the Minnesota Office of Higher Education pursuant to sections
136A.61 to 136A.71 of Minnesota State Statute, and is accredited by the
Accrediting Council for Independent Colleges and Schools (ACICS) to award
Master of Business Administration (MBA) degrees, Bachelor of Science degrees,
Associate in Applied Science degrees and diplomas.
2. Ages: This section is not applicable to this project as it outlines age requirements
for preschool children in a preschool facility.
3. Hours: The hours of the Minnesota School of Business will be from 7:30 a.m. to
9:00 p.m. Monday through Friday. These hours of operation coincide with those
of the commercial retail stores in the area or complex.
4. Attendance: This section is not applicable to this project as it outlines
attendance requirements for latchkey and preschool children in a preschool
facility.
5. Lot Requirements: The Southfork Office Center as part of the Argonne Park plat
meets the minimum lot requirements as required by the Zoning Ordinance and
Subdivision Ordinance.
6. Sewer and Water: The Southfork Office Center property is served with City
sewer and water.
7. Screening: The Southfork Office Center landscaping has been installed and
completed according to Zoning Ordinance requirements. No additional screening
is required for the Minnesota School of Business.
8. Parking: There are currently 118 onsite parking spaces provided by the Lakeville
Office Building development.
The Southfork Office Center parking was originally calculated for an office use
with a calculation of one parking space per 200 square feet of finished floor area
minus any common areas.
The Zoning Ordinance does not specify a parking requirement for a business
school. In cases where uses are not specified or not precisely identified in the
Zoning Ordinance, the Zoning Ordinance allows that a parking calculation be
made by the zoning administrator based upon but not limited toy characteristics
for similar uses and professional studies prepared by the American Planning
Association (APA) or the Institute of Transportation Engineers (ITE).
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Planning Department and Community and Economic Development staff inquired
with the City's planning consultant who provided information on ITE parking
requirement standards for a suburban location of a junior college/community
college with up to 1,500 students requiring 0.82 parking spaces per student. This
calculation also includes staff needed to support the student enrollment and at
the same time anticipates fluctuations due to student absences, class schedules,
etc. This calculation was used for Minnesota School of Business's first location
on the adjacent property. Staff is not aware of any parking issues at that location
since the school opened last year.
Total square footage of the Southfork Office Center is 23,676. Minnesota School
of Business will be utilizing approximately 5,515 square feet of space for their
Veterinary Technology Program. The program can accommodate approximately
40 students and faculty at a time in this location. Existing tenants will remain in
their existing space and continue to lease from Minnesota School of Business.
Given the organizational and enrollment plans of the Minnesota School of
Business (MSB), staff recommends that the parking requirements for a business
school be met as follows:
Total Building square footage: 23,676
Current spaces provided onsite: 118
23,676 square feet — 5,515 square feet (MSB) = 18,161 square feet of
remaining general office space
18,161 S.F. — 10% = 16,345 S.F. x 1/200 office parking
requirement = 82 spaces
Minnesota School of Business spaces required:
Peak attendance: 40 x 0.82 stalls/student and faculty = 33 spaces
This demonstrates that upon commencement of the Veterinary Technology
Program for Minnesota School of Business, there will be a peak daytime parking
demand for the entire site = 115 spaces
Parking demand in the evening will be less as the existing offices in the building
typically close around 5:00 p.m.
9. Building Space: The Minnesota School of Business owns the entire 23,676
square foot Southfork Office Center and will utilize 5,515 square feet for its
Veterinary Technology Program. The remaining space will continue to be leased
to the existing tenants.
The adult education facility will not operate as a veterinary clinic but staff felt it
appropriate to compare the veterinary clinic standards in Chapter 11-70-7(J) of the
Zoning Ordinance to the Veterinary Technology Program narrative provided by
Minnesota School of Business (Exhibit D). While not a requirement, the following
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analysis demonstrates the compatibility of the Veterinary Technology Program with the
City's ordinance standards for veterinary clinics.
As stated in the program narrative provided by Minnesota School of Business,
veterinary services are not provided to animals owned by the general public. Animals,
other than rodents, are not kept on campus on weekends, holidays, or over breaks.
The analysis is as follows:
1. All areas in which animals are confined are located indoors and are properly
soundproofed from adjacent properties.
Adequate containment areas will be provided in the education facility for the
animals that will be kept onsite.
2. Animal carcasses are properly disposed of in a manner not utilizing on site
garbage facilities or incineration and the carcasses are properly refrigerated
during periods prior to disposal.
MSB is licensed and inspected by the USDA and also maintains an Institutional
Animal Care and Use Committee for on-going oversight. There will be a very low
frequency of animal carcasses.
3. An animal kennel is permitted as a use accessory to the veterinary clinic
provided that:
a. The number of animals boarded shall not exceed twenty (20).
MSB is proposing to have a small kennel area to house up to four dogs,
five cats, and a few exotic species such as mice, guinea pigs, a bird, or a
reptile.
b. An indoor exercise area shall be provided to accommodate the periodic
exercising of animals boarded at the kennel. No outdoor exercising of
animals shall be permitted.
MSB will construct an enclosed 40 foot by 8 foot dog run in a secluded
area on the south side of the building adjacent to an existing retaining
wall. Waste deposited by the dogs will be immediately picked up and
disposed of within the facility.
c. A ventilation system shall be designed so that no odors or organisms will
spread between wards or to the outside air and will be capable of
completely exchanging internal air at a rate of at least twice per hour. Air
temperature must be maintained between sixty degrees and seventy five
degrees Fahrenheit (60°-75°F).
USDA ventilation requirements are incorporated into the planning of a
campus building. Odors are monitored on a scheduled basis according to
OSHA requirements.
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d. A room separate from the kennel area shall be provided of sufficient size
to adequately separate animals that are sick or injured from healthy
animals.
This is not applicable to the facility as they will be performing routine
procedures on animals for temporary time periods in conjunction with local
area rescue groups.
e. Indoor animal kennel floors and walls shall be made of nonporous
materials or sealed concrete to make it nonporous.
MSB will comply with this section.
f. Animal wastes shall be flushed down an existing sanitary sewer system or
enclosed in a container of sufficient construction to eliminate odors and
organisms and shall be properly disposed of at least once a day.
MSB will comply with this section.
g. The appropriate license is obtained from the city clerk and the conditions
of section 5-1-12 of this code are met.
This section is not applicable to the adult education facility.
h. All state health department and Minnesota pollution control agency
requirements for such facilities are met.
MSB will comply with all applicable state health and pollution control
agency requirements.
The proposed business school facility is compatible with the existing commercial land
uses in the area and conforms to all the applicable performance standards as outlined
in Chapter 11-4-7 of the Zoning Ordinance. In addition, staff has reviewed the
conditional use permit request against the criteria listed in Chapter 11-4-3E and findings
of fact are attached for your consideration.
RECOMMENDATION:
Staff recommends approval of the Minnesota School of Business conditional use permit
application to allow an adult education facility within the Southfork Office Center subject
to the following stipulations:
1. An enclosed dog run area shall be constructed on the south side of the building
adjacent to the existing retaining wall with a solid fence height of at least six (6) feet)
2. Indoor animal kennel floors and walls shall be made of nonporous materials or
sealed concrete to make it nonporous.
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3. Animal wastes shall be flushed down an existing sanitary sewer system or enclosed
in a container of sufficient construction to eliminate odors and organisms and shall
be properly disposed of at least once a day.
4. The building plans shall be reviewed and approved by the Fire Marshall and Building
Official prior to the issuance of a building permit for interior modifications.
5. All building signage shall require a sign permit from the City of Lakeville prior to
installation.
6. Future expansion of Minnesota School of Business within the Southfork Office
Center shall be subject to a Conditional Use Permit Amendment.
/a k
cc: Troy Shannon, Globe University/Minnesota School of Business
John Myhre, Globe University/Minnesota School of Business
IvIdsl
•
i
GLOBE UNIVERSITY / MINNESOTA SCHOOL OF BUSINESS / UTAH CAREER COLLEGE
VETERINARY TECHNOLOGY PROGRAM
The Veterinary Technology Program at a Globe Education Network campus is designed to
provide the student with skills for entry-level employment as a veterinary technician. Students
will be challenged by instructors to learn and apply skills relative to veterinary support, client
communication, and office management as well as patient care. Students prepare for the
National Veterinary Technician Examination (NVTE).
The successful student will develop skills and comprehension in laboratory procedures, basic
animal physiology, animal care and nursing, diagnostic procedures, surgical assisting, and
dentistry.
In the Vet Tech area on campus, there are several classrooms that can also function as labs.
Numerous animal models are available, as well as standard diagnostic equipment such as
blood analyzer machines, microscopes, and a functioning x-ray machine. A small kennel area
houses up to 4 dogs, 5 cats, and a few exotic species such as mice, guinea pigs, a bird, or a
reptile (this varies by campus). Students' skills on large animals such as cattle and horses are
learned while on field trips to area farms.
The dogs and cats are furnished for up to 5 days by one or more local rescue groups. The
students work with the animals to socialize them, test them for diseases, implant microchips,
administer their vaccinations, and assist with spay/neuter surgery or dentistry. No animals are
allowed outdoors except the dogs, which are walked three times daily in an enclosed and fairly
secluded space. Waste deposited by the dogs is immediately picked up and disposed of within
the facility. Animals, other than rodents, are not kept on campus on weekends, holidays, or
over breaks. We do not provide any services to animals owned by the general public.
All safety and animal welfare regulations are carefully adhered to and monitored by various
Globe Education Network personnel. We comply with the Animal Welfare Act and are licensed
and inspected by the USDA. We also maintain an Institutional Animal Care and Use Committee
(IACUC) for on-going oversight. Radiation equipment installation and usage is controlled by the
Minnesota Department of Health. Biohazardous waste is removed by Stericycle, a contractor
for this service. USDA ventilation requirements are incorporated into the planning of a campus
building. Odors are monitored on a scheduled basis according to OSHA requirements. A small
quantity of controlled substances is kept in a double -locked safe; we are monitored by the U S
Department of Justice Drug Enforcement Administration under our Institutional Controlled
Substances license. The Globe Education Network Veterinary Technology Program's
regulatory compliance is among the best in the nation.
EXHIBIT E