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HomeMy WebLinkAboutItem 06.j December 2, 2019 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, LLC have applied for a conditional use permit amendment to allow an expansion of their child daycare facility located at 8755 Upper 208th Street in an area of the building formerly occupied by Independent School District 194 for Community Education office and classroom space. Hypointe Child Care would occupy the entirety of the 10,672 square foot building space. The daycare is proposed to have a maximum licensed capacity of 170 children with the addition of 3 more classrooms and 8 additional full time staff. The Planning Commission held a public hearing on the conditional use permit amendment at their November 21, 2019 meeting. The Planning Commission recommended unanimous approval of the conditional use permit amendment subject to four stipulations. There was no public comment. Primary Issues to Consider None Supporting Information • Conditional Use Permit Amendment form • Findings of fact • November 21, 2019 draft Planning Commission meeting minutes • November 15, 2019 planning report packet Financial Impact: $ None Budgeted: Y☐ N ☐ Source: ______________________________________________ Related Documents (CIP, ERP, etc.): Zoning Ordinance_______________________________________________________________ Envision Lakeville Community Values: Diversified Economic Development_______________________________________ Report Completed by: __Monica Waite, Planning & Zoning Specialist ________________________________________________ 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT AMENDMENT TO 17-08 CUP NO. 19-___ 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 an expansion of the day care facility at 8755 – Upper 208th Street. 2. Property. The conditional use permit amendment 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: 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 expansion area. b) Licensed occupancy for the child daycare facility shall not exceed 170 children. 2 c) A building permit is required prior to commencing any construction or remodeling work. d) A permit shall be obtained prior to the installation of any new permanent or temporary signage. 4. Revocation. The City may revoke this conditional use permit for cause upon determination that the conditional use permit is not in conformance with the conditions of the permit or is in continued violation of the city code or other applicable regulations. 5. Expiration. This conditional use permit shall expire unless the applicant commences the authorized use within one year of the date of this conditional use permit, unless an extension is approved by the Zoning Administrator. DATED: December 2, 2019 CITY OF LAKEVILLE BY:________________________ Douglas P. Anderson, Mayor SEAL BY:________________________ Charlene Friedges, City Clerk The foregoing instrument was acknowledged before me this 2nd day of December 2019, 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 and pursuant to authority granted by its City Council. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA HYPOINTE CHILD CARE CONDITIONAL USE PERMIT AMENDMENT FINDINGS OF FACT AND DECISION On November 21, 2019 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Hypointe Child Care, LLC for a conditional use permit amendment to allow child daycare for not more than 170 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. 4 of the 2040 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: 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 2040 Land Use Plan and District 4 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 November 15, 2019 prepared by Planning & Zoning Specialist Monica Waite is incorporated herein. 3 DECISION The City Council approves the Hypointe Child Care conditional use permit amendment in the form attached hereto. DATED: December 2, 2019 CITY OF LAKEVILLE BY:_______________________ Douglas P. Anderson, Mayor BY:________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES November 21, 2019 Alternate Chair Lillehei 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: Alternate Chair Brooks Lillehei, Karl Drotning, Jenna Majorowicz, Jeff Witte, Jason Swenson, Jason Kelvie Members Absent: Chair Pat Kaluza, Vice Chair Scott Einck, Ex-officio Mike Lamm Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Monica Waite, Planning and Zoning Specialist; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The November 7, 2019 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that there is a work session immediately following tonight’s meeting to discuss the new Corridor Mixed Use (CMU) performance standards. 5. Hypointe Child Care Alternate Chair Lillehei opened the public hearing to consider the application of Hypointe Child Care, LLC for a conditional use permit amendment to allow an expansion of the Hypointe childcare facility, located at 8755 Upper 208th Street. Jennifer Orth and Tricia DeMariais, from Hypointe Child Care, were in attendance at tonight’s meeting and were available to answer any questions that the Planning Commission may have. Planning and Zoning Specialist Monica Waite presented the planning report. Ms. Waite stated that Hypointe Child Care is proposing a CUP amendment to expand and occupy the entirety of their current building. The daycare is proposed to have a maximum licensed capacity of 170 children with the addition of three more classrooms and eight additional full-time staff. Ms. Waite reviewed the history of the daycare building and the land uses and zoning surrounding the subject building. She stated that the lot and building comply with Zoning Ordinance requirements. The total amount of available parking for the site exceeds the minimum parking requirements. A minimum of one loading space shall Planning Commission Meeting Minutes, November 21, 2018 Page 2 be provided for the child daycare facility, which is located at the south entrance to the building. Ms. Waite stated that staff recommends approval of the Hypointe Child Care conditional use permit amendment, subject to the four stipulations listed in the November 15, 2019 planning report and adoption of the Findings of Fact dated November 21, 2019. Alternate Chair Lillehei 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 6:06 p.m. Voice vote was taken on the motion. Ayes - unanimous Alternate Chair Lillehei asked for comments from the Planning Commission. Discussion points included: • Commissioner Kelvie asked the applicants if they had any traffic concerns with the proposed increase in capacity. Ms. Orth commented that the high traffic drop-off times are between 7:45 a.m. to 8:15 a.m. and 4:45 p.m. to 5:15 p.m. She did not believe there would be any issues. • Commissioner Witte asked if cars ever backed up on Holyoke Avenue at these times. Ms. DeMariais stated that there is a pretty quick turnaround for drop off and pick up so this has not been an issue. Motion was made by Swenson, seconded by Kelvie to recommend to City Council approval of the Hypointe Child Care, LLC conditional use permit amendment to allow an expansion of the Hypointe childcare facility, located at 8755 Upper 208th Street, and adoption of the Findings of Fact dated November 21, 2019, subject to the following four stipulations listed in the November 15, 2019 planning report: 1. All permits and requirements of the Minnesota Department of Human Services shall be met prior to occupancy of the child daycare expansion area. 2. Licensed occupancy for the child daycare facility shall not exceed 170 children. 3. A building permit is required prior to commencing any construction or remodeling work. 4. A permit shall be obtained prior to the installation of any new permanent or temporary signage. Ayes: Swenson, Majorowicz, Kelvie, Lillehei, Witte, Drotning Nays: 0 6. Gander Outdoors Alternate Chair Lillehei opened the public hearing to consider the application of Gander Outdoors for an interim use permit to allow the outdoor display and sales of City of Lakeville Planning Department Memorandum To : Planning Commission From: Monica Waite, Planning & Zoning Specialist Date: November 15, 2019 Subject: Packet Material for the November 21, 2019 Planning Commission Meeting Agenda Item: Hypointe Child Care Conditional Use Permit Amendment Action Deadline: December 30, 2019 INTRODUCTION Representatives of Hypointe Child Care, LLC have applied for a conditional use permit amendment to allow an expansion of their child daycare facility located at 8755 Upper 208th Street in an area formerly occupied by Independent School District 194 for Community Education office and classroom space. Hypointe Child Care would occupy the entirety of the 10,672 square foot building space. The daycare is proposed to have a maximum licensed capacity of 170 children with the addition of 3 more classrooms and 8 additional full time staff. 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 expand into the new space. The daycare operator will apply for this license separately. 2 The following exhibits are attached for your information: EXHIBITS A. Zoning and Location Map B. Aerial Photo C. Overall Site Plan D. Building Area Floor Plan E. Application Narrative 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; in 2000 allowing the expansion of office and classroom space for adult education, pre-school child education and district offices, and in 2017 for up to 107 children. Surrounding Land Uses and Zoning North – Pioneer Park (P/OS District) and commercial businesses (C-CBD District) South – Upper 208th Street and commercial businesses (C-CBD District) East – Holyoke Avenue and commercial businesses (C-CBD District) West – Howland Avenue and senior housing (PUD District) The proposed child daycare expansion is subject to the provisions of Section 11-31-5 of the Zoning Ordinance as follows: Lot Requirements and Setbacks. The property and building were developed and constructed in 1987 according to the requirements at that time. According to Dakota County records, 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. Parking. The daycare use for 170 children requires 43 parking spaces at a rate of one space for each four children of proposed capacity. The site currently has 42 off street parking spaces on the west side of the property in addition to the on-street parking spaces abutting the parcel as allowed 3 in the C-CBD District. The total amount of available parking for the site exceeds the minimum parking requirements. 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. Signage. A sign permit shall be issued prior to installation of any new permanent or temporary signage. 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 area is fenced, as required, and is subject to approval of the State’s childcare licensing requirements. 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 expansion area. Days and Hours. The child daycare facility will be open Monday-Friday, 6:30am to 6:00pm. Trash Enclosure. A building permit was issued for the outdoor trash enclosure on the northwest corner of the parking lot and it is currently under construction. 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 expansion area. 2. Licensed occupancy for the child daycare facility shall not exceed 170 children. 3. A building permit is required prior to commencing any construction or remodeling work. 4. A permit shall be obtained prior to the installation of any new permanent or temporary signage. Findings of Fact are attached. 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 HYPOINTE CHILD CARE Property Information November 5, 2019 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. Hypointe Childcare is excited to take the next step in providing a safe, loving and more affordable childcare center option for families in the Lakeville area. With our proposed plan, it would increase our ability to care for more young families in our growing community. With the addition of 3 more classrooms, we will grow our capacity for potentially 62 children and providing a supportive work environment for 8 more full time employees. Hypointe Childcare is excited to be apart of the growing landscape in Lakeville. Tricia DeMarais Hypointe Childcare Owner/Manager 8755 Upper 208th St W Lakeville, MN 55044 952-595-6300 www.hypointechildcare.com