CR 2012-068 Conitional Use Permit - Day CareJune 27, 2012 Council Report 12-68
CONDITIONAL USE PERMIT — DAY CARE
Proposed Action
Staff recommends the following motion: Move to adopt Resolution 12-42, approving a
conditional use permit to operate a day care at 8353 Excelsior Boulevard.
At the Zoning and Planning Commission meeting, Mr. Datta moved and Mr. Kuznia
seconded a motion to adopt Resolution RZ12-6, recommending approval of a conditional use
permit to operate a day care at 8353 Excelsior Boulevard. The motion was approved
unanimously.
Overview
Family Resources & Child Care Center has applied for a conditional use permit to operate a
day care at 8383 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. Previously the site was used
for interior design studio. The playground will be to the south of the building.
The site plan indicates five classrooms for a total of 46 children. The proposed hours of
operation are 6 a.m. to midnight, seven days a week.
Primary Issues to Consider
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• What are the conditions for a day care?
• What are the parking requirements?
• Does the proposed site have a state license?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents
• Analysis of Issues
• Site Plans
Letters from residents
Resolution 12-42
Nancy . Anderson, AICP
City Pl er
Financial Impact: $ N/A Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): '
Notes:
CR12-68
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 are the conditions for day care?
535.03. Subd. 2. Conditional uses with B districts:
E) Day care facility provided:
1. Said operation shall be licensed.
• What are the parking requirements?
The parking requirement is one space per classroom. In this case there are five classrooms,
which will require five parking spaces. The site plan indicated 10 parking spaces with an
additional six drop off spaces.
• Does the site have a state license?
At the time this report was written, the applicants had applied for a license. Any approval
will be contingent on the applicant receiving a state license.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the proposed day care. Ms. Anderson noted that residents of the
neighborhood had contacted staff regarding the day care and the biggest concern was the
traffic. Rachel Sampong, representing the applicants, appeared before the Commission. Ms.
Sampong stated that the day care has two vans and most children will arrive to the site in the
vans. She also stated that most of the families do not have cars and work non-traditional
hours, which is the reason for the extended hours of the facility.
Frances Davis, also representing the applicants, appeared before the Commission. Ms. Davis
is a consultant for the applicants. Ms. Davis stated that many of the children will come from
the neighborhood to the north and could walk across the street.
At the public hearing Pat Lauer of 42 Ashley appeared before the Commission. Mr. Lauer
was concerned with the following:
• Traffic
• Pedestrian traffic and buses
• Setback not being met
CR12-68
Page 3
• Noise next to residential — residents to the east will hear the noise
• Hours of operation
• Fire — where will the children go?
• Trash
• Where will people park for events?
• Deliveries
• Children walking across the street
• Tornado shelter
• Contract with Blake for play area
• Hot meals after 6:00 p.m.
• Landscaping
• Fencing
Mina Herrigan appeared at the public hearing. Ms. Herrigan asked if the daycare owned the
vans.
Marilyn Leadens, the owner of the property, appeared at the public hearing. Ms. Leadens
asked about if it could be mandatory that the day care uses the vans.
The Commission had a considerable discussion on the traffic and added a condition to the
resolution that a traffic study be completed.
Alternatives
1. Approve the conditional use permit to operate a day care. By approving the conditional
use permit, the applicant will be able to operate the daycare as proposed.
2. Deny the conditional use permit. By denying the conditional use permit, the applicant
will not be able to operate the daycare as proposed. 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.
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Nancy Anderson
From: Julie Hyjek <jhyjek@comcast.net>
Sent: Tuesday, June 26, 2012 2:48 PM
To: Nancy Anderson
Cc: Peter Hyjek
Subject: Public Hearing for Licensed Daycare at Blake/Excelsior in Hopkins
I just learned of the proposed extended hours daycare at the corner of Blake/Excelsior in Hopkins.
am unable to attend the meeting this evening due to work but would like to state my opposition to this
type of business to the Zoning & Planning Committee. We are a 10 year resident of Ashley
Road. We have invested in our home and have recently seen our property value go down but our
taxes continue to rise. We feel that this type of business would negatively impact our property value,
neighborhood and infringe on our enjoyment of our home.
Below are some additional details of our concerns:
• hours of operation 6am - midnight 7 days a week
• 46 children in building
• potential playground on the property? Maybe at Blake?
• only 16 parking spaces for staff and parents (drop-off)
• overflow parking for staff on Ashley Road
• overflow parking for parents (drop off) on Ashley Road
• traffic congestion at the intersection of Blake/Excelsior
• the need for a traffic study
Thank you for taking our concerns into consideration.
Pete & Julie Hyjek
113 Ashley Road
Hopkins
Nancy Anderson
From: renee_delozier@yahoo.com
Sent: Tuesday, June 26, 2012 3:35 PM
To: Nancy Anderson
Subject: Daycare
Dear Nancy,
I just learned of the proposed extended hours daycare at the corner of Blake/Excelsior in Hopkins. I am unable to attend
the meeting this evening as we are out of town but would like to state my opposition to this type of business to the
Zoning & Planning Committee. We are a 8 year resident of Blake Road. We have invested in our home and have
recently seen our property value go down but our taxes continue to rise. We feel that this type of business would
negatively impact our property value, neighborhood and infringe on our enjoyment of our home.
Below are some additional details of our concerns:
hours of operation 6am — midnight 7 days a week
46 children in building
potential playground on the property? Maybe at Blake?
only 16 parking spaces for staff and parents (drop-off) overflow parking for staff on Ashley Road overflow parking for
parents (drop off) on Ashley Road traffic congestion at the intersection of Blake/Excelsior the need for a traffic study
Thank you for taking our concerns into consideration.
Renee and Kevin DeLozier
Sent via BlackBerry by AT&T
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 12-42
RESOLUTION MAKING FINDINGS OF FACT AND APPROVING
A CONDITIONAL USE PERMIT FOR A DAY CARE AT 8353 EXCELSIOR BLVD
WHEREAS, an application for a Conditional Use Permit CUP 12-2 has been made by Family
Resources & Child Care Center;
WHEREAS, the procedural history of the application is as follows:
1. That an application for zoning amendment was made by Family Resources &
Child Care Center on June 4, 2012.
2. That the Hopkins Zoning and Planning Commission published notice, held a
public hearing on the application and reviewed such application on June 26, 2012:
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 12-2 is hereby approved based on the following Findings of Fact:
1. That the proposed day care meets the requirements for a conditional use permit.
BE IT FURTHER RESOLVED that application for Conditional Use Permit CUP 12-2 is hereby
approved subject to the following conditions:
1. That the applicant is granted a state license.
2. That a traffic study is completed.
Adopted this 10th day of July 2012.
ATTEST:
Eugene J. Maxwell, Mayor
Kristine A. Luedke , City Clerk