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V.1. Amend Conditional Use Permit (CUP) at 8353 Excelsior Blvd. to Operate a Day CareAugust 27, 2014 -orka Council Report 14-94 FROV 10101 UM130 11 V Proposed Action Staff recommends the following motion: Move to adopt Resolution 14-48, adopting amendment of the conditional use permit tooperate a da y care at 8353 Excelsior Boulevard. At the Zoning and Planning meeting Mr. McNeil moved and Mr. Tait seconded a motion to adopt Resolution RZ14-8, recommending approval to remove the hours of operation from the conditional use permit, and have a review in six months for the day care at 8353 Excelsior Boulevard. The vote was tied at 3-3. Mr. Tait, Mr. Kerssen and Mr. McNeil voted aye. Mr. Fisher, Mr. Firth, and Mr. Hunke voted nay, Overview Last year United Child Care Center was granted a conditional use permit to operate a day care at 8353 Excelsior Boulevard. This is the southeast corner of Excelsior Boulevard and Blake Road, The property is zoned B-1, Limited Business. The Zoning Ordinance requires a conditional use permit for the operation. of a day care. One of the stipulations in the conditional use permit is the hours of operation. Since the daycare opened, the hours of operation have not met their clients' needs. The applicant is requesting that the hours of operation be removed from the conditional use permit. There have been no complaints regarding the operation since it opened. Prima n Issues to Consider What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? What is the condition in the conditional use pen it regarding hours of operation? What was the discussion at the Zoning and Planning meeting? Su orcin Documents Analysis of Issues Resolution 13-24 Resolution 14-48 Letter from neighborhood , �Ku Nancy S,,, Anderson, AICD -city Planner Financial Impact: $ -N/A Budgeted- Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR14-94 Page 2 Primary Issues to Consider What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The subject property is zoned B-1, Limited Business. The Comprehensive Plan has designated the site as Commercial. The proposed use complies with both documents. What is the condition in the conditional use permit regarding hours of operation? The condition is the following: That the hours of the day care will be no more than 6 a.m. to 9 p.m., Monday through Friday, and 6 a.m. to 6 p.m., Saturday and Sunday. The applicant would like this condition removed because the hours to not meet their clients' needs. 0 What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the request for removing the hours of operation. Ms. Anderson stated that there have been no complaints from the neighborhood since the day care opened. Osman Ifrah, the applicant, appeared before the Commission. Mr. Ifrah explained that many of their clients work retail, and they need longer hours in the evening to serve them. Many work until 10:00 p.m. Mr. Ifrah stated they did not now or ever intend on being open 24 hours. At the public hearing, Judy Worrell of 148 Interlachen spoke and presented a letter from several residents. Fred Berg of 1311 Preston Lane also appeared. The Commission discussed why this business had hours of operation when no other day care has hours of operation, nor any other businesses. The Commission also discussed that this business was close to a neighborhood, but it was also discussed that churches have day care and churches are in neighborhoods. Mr. Tait said he had not heard from the neighborhood what the objection was to eliminating the hours of operation. Alternatives 1. Approve the amendment to the conditional use permit to operate a day care. By approving the amendment to the conditional use permit, the applicant will be able to change the hours of operation. 2. Deny the amendment to the conditional use permit. By denying the amendment to the conditional use permit, the day care will operate with the hours in the original conditional use permit. If the City Council considers this alternative, findings will have to be i 'dent'f 1 lied that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. ` y OF E r " . RESOLUTION NO: 13-24 RESOLUTION MAKING FINDINGS OF FACT ANIS APPROVING OF A CONDITIONAL USE PERMIT FOR A DAY CARE AT 8353 EXCELSIOR BLVD WHEREAS, an application for Conditional Use Permit CUP 13-1 has been made by United Child Care Center; WHEREAS, the procedural history of the application is as follows: 1. That an application for a conditional use permit was made by United Child Care Center on April 1, 2013. 2. That the Hopkins Zoning and. Planning Commission published notice, held a public hearing on the application and reviewed such application on April 30, 2013: all persons present were given an opportunity to be heard. 3. That the written comments and analysis of City staff were considered. 4. Legal description of the parcel is as follows: All That part of Lot 77, Auditor's Subdivision No. 239, Hennepin County, Described as follows: commencing at a point in the center line of Excelsior Boulevard 30.01 feet west measured along the center line from the point of intersection of said centerline with the east line of Lot 77 extended; thence south along a line parallel with and distant 30 feet west of the east line of said Lot 77 a distance of 127 feet thence west along a line parallel with the south line of said Lot 77 a distance of 100 feet to the point of beginning of the tract to the described; thence north along a line parallel with the east line of said Lot 77 to the north line of said Lot 77; thence westerly along the north line of Lot 77 to the northwest corner thereof; thence south along the west line of said Lot to a point 80 feet north of the southwest corner of said lot; thence east parallel with the south line of said Lot 133 feet; thence east parallel with said west line of said lot to the intersection with a line drawn from the actual point of beginning parallel with the south of said Lot; Thence east in a straight line to the actual point of beginning except road NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP 13-1 is hereby approved based on the following Findings of Fact. I . That the proposed day care meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP 13 A is hereby approved subject to the following conditions: 1. That the applicant is granted a state license. 2. That the site is reconfigured to a one-way as diagramed in the SRF traffic study. 3. That a solid six-foot fence is constructed on the cast side of the site on the south and east sides. 4. That the hours of the day care will be no more than 6 a.m. to 9 p.m, Monday through Friday and 6 a.m. to 6 p.m. Saturday and Sunday. 5. That there will be no parking from the day care use on the residentially zoned R- I -C district abutting the day care site. 6. That the applicant shall not be allowed to provide day care service for more than 55 children on site at any given time, 7. Refuse containers shall be located on the west side of the building. Refuse pickup shall be scheduled between the hours of 10 a.m. and 3 p.m. at least two times per week. Adopted this 7th day of May 2013. ATTEST: Eugene J. Maxwell, Mayor Kristine A. Luedke, City Clerk CITY OF HOPKINS HENNEPIN COUNTY, i`. RESOLUTION NO: 201.445 WHEREAS, an application for Conditional Use Permit CUP14-1 has been made by United Child Care Center; WHEREAS, the procedural history of the application is as follows: That an application for a conditional use permit was made by United Child Care Center on July 25, 2014, to amend their conditional use permit. 2. That the Hopkins Zoning and. Planning Commission published notice, held a public hearing on the application and reviewed such application on August 26, 2014: all persons present were given an opportunity to be heard. 3. That the written comments and analysis of City staff were considered. 4. Legal description of the parcel is as follows: All That part of Lot 77, Auditor's Subdivision No. 239, Hennepin County, Described as follows: cornmencing at a point in the center line of Excelsior Boulevard 30.01 feet west measured along the center line from the point of intersection of said centerline with the east line of Lot 77 extended; thence south along a line parallel. with and distant 30 feet west of the east line of said Lot 77 a distance of 127 feet thence west along a line parallel with the south line of said Lot 77 a distance of 100 feet to the point of beginning; of the tract to the described; thence north along a line parallel with the east line of said Lot 77 to the north line of said Lot 77 thence westerly along the north line of Lot 77 to the northwest corner thereof, thence south along the west line of said Lot to a point 80 feet north of the southwest corner of said lot, thence east parallel with the south line of said Lot 133 feet; thence east parallel with said west line of said lot to the intersection with a line drawn from the actual point of beginning parallel with the south of said Lot; Thence east in a straight line to the actual point of beginning except road NOW, THEREFORE, BE IT RESOLVED that the application for Conditional Use Permit CUP 14-1 is hereby approved based on the following Findings of Fact: I That the proposed day care meets the requirements for a conditional use permit. BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP 14-1 is hereby approved subject to the following conditions: 1. That the conditions from the original approval apply except for #4. Adopted this 2'd day of September 2014. M Amy Domeier, City Clerk Eugene I. Maxwell, Mayor To: Hopkins Zoning and Planning Commission Public Hearing, August 26, 2014 Re: Application to Amend the Conditional Use Permit to operate a Day Care at 8353 Excelsior Boulevard, Hopkins, MN. Subject: Amendment requested to remove the hours of operation From: The community of Interlachen Park as owners of neighboring properties of this business Members of the Commission: Upon inquiry regarding this requested Amendment, Nancy Anderson, Hopkins City Planner, has communicated that Mr Osman Ifrah, owner of United Child Care Center, desires to increase hours of operation on Saturday and Sunday to 9PM. The current Conditional Use Permit allows hours of operation to be 6AM to 6PM Saturday and Sunday. It is noted the current Conditional Use Permit allows hours of operation on Monday through Friday are 6AM to 9PM. This Amendment presented to the Hopkins Planning Commission is to remove the hours of operation, The immediate and adjacent neighborhood of Interlachen Park with abutting properties to this business are interested parties in this Amendment and are opposed to the Hopkins Zoning and Planning Commission granting an Amendment to remove hours of operation For United Child Care Center, Therefore: The community of Interlachen Park do oppose an Amendment to this Conditional. Use Permit to grant a removal of hours of operation at United Child Care Center. It is requested the Hopkins Zoning and Planning Commission grant an extension of weekend operating hours from 6PM to 9PM on Saturday and Sunday. The community of Interlachen Park, in support of this business, recommend and request the hours of operation be specifically defined in the Conditional Use Permit as Sunday through Saturday, 6AM to 9PM. Respectfully submitted: Judy Worrell, 148 Interlachen Road (Interlachen Park Spokesperson) Bob Worrell, 1.48 Interlachen Road John Landschoot 121 Ashley Road Fred Berg, 1311 Preston Lane David F'olkestad, 1311 Preston Lane Joan Lee, 1318 Preston Lane Thomas Lee, 1318 Preston Lane Caroline Rinker,1301 Preston Lane Rich Rinker, 1301 Preston Lane I -leather Vargo, 217 Blake Road Carter Vargo, 217 Blake Road Samantha Johnson, 132 Homedate Road Leif Johnson, 132 Hornedale Road Gerald Johnson, 1136 Homedale Road Beverly Johnson, 136 Hornedale Road Carol Kunkel, 1327 Boyce Street