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VII.2. First Reading: Zoning Text Amendment Related to Day Nursery and Adult Daycare Facilities; Lindahl (CR2017-128) November 6, 2017 City Council Report 2017-128 Zoning Code Text Amendment Related Day Nursery and Adult Daycare Facilities Proposed Action Staff recommends the following motion: Move to adopt Resolution 2017-073, approving Ordinance 2017-1126 amending Sections 515.07 (Definitions) and 535 (Business Districts) of the City Code related to zoning standards for Child and Adult Daycare Facilities. Overview This application was initiated by staff to update the City’s zoning regulation for Day Nursery (Child Daycare) and Adult Daycare Facilities. The proposed changes are intended to address land use and transportation challenges with how both child and adult daycare facilities operate within Downtown and along Mainstreet. This memo reviews the City’s legal authority for this type of application, the proposal’s consistency with the Comprehensive Plan, the proposed zoning standards and potential non-conformity issues. Based on the findings made below, staff recommends approval of this request. Should the City approve the proposed zoning code text amendment, it would: 1. Update definitions for “Child Daycare Facility” and “Adult Daycare Facility.” 2. Revise the existing conditional use permit standards to address the land use and transportation challenges with how these uses operate within Downtown and along Mainstreet. Primary Issues to Consider • Consistency with the Comprehensive Plan • Zoning Standards • Potential Non-Conformity Issues Supporting Documents • Resolution 2017-073 • Ordinance 2017-1126 • Zoning Map _____________________ Jason Lindahl, AICP City Planner Financial Impact: $ N/A Budgeted: Y/N ____ Source: _____________ Related Documents (CIP, ERP, etc.): _________________________________________ Notes: City Council Report 2017-128 Page 2 Background Over time, staff has noticed land use and transportation challenges with how both child and adult daycare facilities operate within Downtown and along Mainstreet. Existing daycare facilities tend to have exteriors that are closed-off and promote privacy. By contrast, the City’s goal for Downtown and Mainstreet is to have building fronts that promote a connection to the adjacent streets and sidewalks with transparent widows and direct pedestrian access. In addition, the denser land use pattern with buildings that cover most of the lot leaves little space for necessary drop-off and pick- up space for vehicles. To this point, staff attempted to manage these challenges through the general conditional use permit standards already part of the ordinance. The proposed zoning ordinance text amendment would provide detailed standards for child and adult daycare facilities that more specifically address these challenges. Planning & Zoning Commission Action The Planning & Zoning Commission held a public hearing to review this item during their regular meeting on October 24, 2017. During the public hearing, the Commission heard a summary presentation from staff as well as comments from representatives of Open Circle (one of the adult daycare facilities impacted by the proposed zoning changes). Staff noted the they had reached out to both businesses impacted by the proposed zoning changes prior to the Planning and Zoning Commission meeting but did not receive a response. The representatives from Open Circle thanked staff for contacting them and appreciated the opportunity to attend the meeting and learn more about the proposed zoning changes. They went on to say they understood the concerns about pick- up and drop-off of clients within 10th Avenue and that the new standards would allow them to continue operating as they are but would limit their ability to expand without creating an off-street pick-up and drop-off area. After some general discussion, the Planning and Zoning Commission voted 5-1 to recommend the City Council approve this request. Commissioner Warden voted against, stating he disagreed with prohibiting these uses along Mainstreet because he felt the potential traffic concerns didn’t rise to the level of changing the ordinance. Primary Issues to Consider Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will ensure the type of development it desires; however, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. Consistency with the Comprehensive Plan. The proposed zoning ordinance text amendment would update the City’s zoning regulation for child and adult daycare facilities. Staff finds the proposed changes consistent with the applicable goals and implementation strategies from the Comprehensive Plan and the City Council’s 2017 Goals and Strategic Plan. The applicable goals and strategies are detailed below. 1. Protect and Enhance Downtown Hopkins Findings: The Comprehensive Plan identifies eight primary goals to guide future development in Hopkins. The most applicable goal to this application is to “protect and enhance downtown Hopkins.” The proposed zoning changes would meet this goal by prohibiting child or adult daycare facilities on properties within B-2, Central Business District, that also abut Mainstreet and providing specific off-street parking and loading standards necessary to support these uses. City Council Report 2017-128 Page 3 2. Review and Update Zoning and Subdivision Regulations Findings: In addition to the eight primary goals, the Comprehensive Plan identifies strategies to implement these goals. Specifically, the Comprehensive Plan identifies the implementation strategy to review and update the City’s zoning and subdivision regulations. Updating the zoning regulations for child and adult daycare facilities will revise the specific standards necessary to implement the City’s goal to protect and enhance downtown. In addition to the Comprehensive Plan the City Council also creates an annual strategic plan. This plan includes the goal—Urban Design: Do it Right with the action step of “explore ways to enhance the Mainstreet experience.” The proposed zoning changes support this goal and action step by creating specific standards to address the land use and transportation challenges from daycare facilities in Downtown and along Mainstreet. Zoning Standards. The proposed zoning ordinance text amendment would revise the existing definitions and conditional use permit standards for child and adult daycare facilities. Currently, the definitions for these uses are inconsistent with the terminology used in other parts of the City Code and State Statute. The existing conditional use permit standards only require daycare facilities be licensed and do not address the land use and transportation challenges created by these uses. The final versions of the proposed changes are provided below. Detailed edits are provided on the attached draft ordinance. 1. Update zoning definition. Adult Daycare Facility: A licensed facility for the supervised care of adults, providing activities such as meals and socialization one or more days a week during specified daytime hours. Child Daycare Facility: A licensed facility in which care is provided for one or more children as defined and regulated per M.S.A.245. 2. Revise conditional use standards for Child or Adult Daycare Facilities. Child or Adult Daycare Facilities provided: 1. Shall obtain and maintain all applicable state, county or city licenses. 2. Within the B-2, Central Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. 3. Conformance with all off-street parking requirements including provision of at least one parking space for each six children based on the licensed capacity of the child daycare facility or at least one (1) stall for each five (5) participants based on state licensed capacity of the adult daycare. 4. Conformance with all loading requirements. Child daycare facilities shall provide at least two (2) off-street drop-off/pick-up stalls for vehicles. Adult daycare facilities shall provide at City Council Report 2017-128 Page 4 least one (1) loading area for a van or bus. Such stalls or loading areas shall be located on private property and designed so as to not interfere with traffic and pedestrian movements. Nonconformities. As with any change to the City’s regulations, this zoning ordinance text amendment has the potential to create sites that are non-conforming or do not meet the new proposed standard. According to Minnesota Statute 462.357, Subdivision 1e., legal nonconformities generally have a statutory right to continue through repair, replacement, restoration, maintenance, or improvement but not through expansion. These rights run with the land and are not limited to a particular landowner. If the benefited property is sold, the new owner will have the same rights as the previous owner. There are currently two existing daycare facilities impacted by the proposed zoning changes. The first is Resources and Childcare Center located at 715 Mainstreet (corner of 8th Avenue North and Mainstreet). This use would become non-conforming because it is located on a property within the B-2 District that also abuts Mainstreet. The second facility is Open Circle located at 34 - 10th Avenue South (west of Downtown Park). In this case, the use remains conforming because it is located on a property within the B-2 District but does not abut Mainstreet. However, the existing building covers the entire property leaving no space for off-street loading of the bus that brings clients to and from the site. As a result, Open Circle’s bus has no alternative but to stop in front of their business within 10th Avenue, creating traffic and circulation issues. A third daycare facility, Noah’s Ark, located at 1410 Mainstreet in the Central Park Square shopping center, is not impacted by the proposed zoning changes. This property is located within the B-3, General Business District, and has off-street parking and loading. Alternatives 1. Approve the proposed Zoning Code text amendment related to Child and Adult Daycare Facilities. By approving this ordinance, the City will update definitions for “Child Daycare Facility” and “Adult Daycare Facility” and revise the existing conditional use permit standards to address the land use and transportation challenges with how these uses operate within Downtown and along Mainstreet. 2. Deny the proposed Zoning Code text amendment related Child and Adult Daycare Facilities. By denying this ordinance, the City will not make the zoning changes detailed above. If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2017-073 A RESOLUTION APPROVING ORDINANCE 2017-1126 AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO ZONING STANDARDS FOR CHILD AND ADULT DAYCARE FACILITIES WHEREAS, the City of Hopkins initiated an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for Child and Adult Daycare Facilities; WHEREAS, the procedural history of the application is as follows: 1. That an application to amend Sections 515.07 and 535 of the City Code related to zoning standards for these uses was initiated by the City of Hopkins on September 22, 2017; 2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on October 24, 2017: all persons present were given an opportunity to be heard; and, 3. That the written comments and analysis of City staff were considered. 4. That the Hopkins Planning & Zoning Commission voted 5-1 that the City Council approve this item. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves Ordinance 2017-1126 amending Sections 515.07 and 535 of the City Code related to zoning standards for Child and Adult Daycare Facilities based on the findings detailed in City Council Report 2017-128. Adopted this 6th day of November 2017. _______________________ Molly Cummings, Mayor ATTEST: ______________________ Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2017-1126 AN ORDINANCE AMENDING SECTIONS 515.07 AND 535 OF THE CITY CODE RELATED TO CHILD AND ADULT DAYCARE FACILITIES THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 515.7, Definitions, is hereby amended as follows: Subd. 5. Adult Daycare Facility: a licensed facility for the supervised care of adults, providing activities such as meals and socialization one or more days a week during specified daytime hours. Subd. 61. Day Child Daycare Facility: a licensed facility in which care is provided for one or more children as defined and regulated per M.S.A.245. (Amended Ord. No. 87-601) (Amended Ord. No. 14-1069) SECTION 2. 535.03 Subdivision 2.E, Conditional Uses Requirements, is hereby amended as follows: Child or Adult Daycare Facilities provided: 1. Said operation shall be licensed. Shall obtain and maintain all applicable state, county and city licenses. 2. Within the B-2, Central Business District, no such use shall be located on a property that has frontage on or abuts Mainstreet. 3. Conformance with all off-street parking requirements including provision of at least one parking space for each six children based on the licensed capacity of the child daycare facility or at least one (1) stall for each five (5) participants based on state licensed capacity of the adult daycare. 4. Conformance with all loading requirements. Child daycare facilities shall provide at least two (2) off-street drop-off/pick-up stalls for vehicles. Adult daycare facilities shall provide at least one (1) loading area for a van or bus. Such stalls or loading areas shall be located on private property and designed so as to not interfere with traffic and pedestrian movements. SECTION 3. This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: November 6, 2017 Second Reading: November 21, 2017 Date of Publication: November 30, 2017 Date Ordinance Takes Effect: November 30, 2017 ______________________ Molly Cummings, Mayor ATTEST: _______________________ Amy Domeier, City Clerk R-2 R-1-D R-1-E INS R-1-C BP BP B-1 R-6 R-4 PUD BP I-2 I-2 I-1 I-2 BP R-1-B INS INS R-1-D R-1-C R-1-D I-1 R-4 R-5 B-4 I-2 R-2 R-1-A R-1-A INS I-2 R-!-B B-3 R-1-A R-4 R-4 I-2 I-2 I-1 INS INSB-2 R-1-C R-3 R-4 B-4 R-3 R-1-D INS R-1-A B-1 R-2 B-3 B-3 R-2 R-4 PUD B-3 B-4 R-4 R-1-C R-4 B-3 R-1-C R-4 B-3 R-1-A I-2 R-4 R-4 R-3B-3 B-3B-3 B-3 R-5 I-1 I-1 R-1-A R-4 B-2 B-3 B-3 B-3 R-4 R-3 R-1-C R-1-CR-2 R-2 B-3 B-3 B-3 R-4 R-4 B-1 I-2 B-1 R-5R-5 R-4 R-3 R-1-C B-4 TextR-2 Closed Landfill Restricted BP BP City of Hopkins Zoning Map ³ ZONING DISTRICTS R-1-A Single and Two Family Hig h Density R-1-B Single Family High Density R-1-C Single Family Medium Density R-1-D Single Family Low Density R-1-E Single Family Low Density R-2 Low Density Multiple Family R-3 Medium Density Multiple Family R-4 Medium High Density Multiple Family R-4 PUD R-5 High Density Multiple Family R-6 Medium Density Multiple Family B-1 Limited Business B-2 Central Business B-3 General Business B-4 Neighborhood Business Business Park Institutional I-1 Industrial I-2 General Industrial Mixed Use Closed Landfill Restricted (CLR)