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10-26-15 CC Special Meeting Agenda Packet AGENDA Special Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber Monday, October 26, 2015 6:00 pm 1. CALL TO ORDER PAGES A. Roll Call B. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. PUBLIC HEARINGS A. Public Hearing - Approval of Conditional Use Permit 140 - 6500 Olson Memorial 2-17 Highway Peaceful Valley Montessori, Applicant 4. ADJOURNMENT C1 t3/ of M golden11Physical Development F n valley Department P 763-593-8095/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting October 26, 2015 60 day deadline: October 26, 2015 Agenda Item 3. A. Public Hearing - Approval of Conditional Use Permit 140 - 6500 Olson Memorial Highway Peaceful Valley Montessori, Applicant Prepared By Emily Goellner, Associate Planner/Grant Writer Melissa Sonnek, Planning Intern Summary Peaceful Valley Montessori has applied for a Conditional Use Permit (CUP) allowing a child care/preschool facility to locate at 6500 Olson Memorial Highway in a Business and Professional Office zoning district. Child care facilities require a Conditional Use Permit in this District. The building at 6500 Olson Memorial Highway was previously occupied by Trustone Financial Federal Credit Union. The applicant has operated a child care facility at a different property (5530 Golden Valley Road) since 2010, where a previous CUP was approved. As child care demands continue to grow, Peaceful Valley would like to be able to serve more families. The Department of Human Services has issued a license that allows the applicant to provide care to 30 children in the current facility. Within the new facility, the applicant plans to have two infant rooms, two toddler rooms, and three preschool rooms. A fenced-in outdoor recreational area and an additional sidewalk are planned for the south side of the building. The new facility will be built to a capacity of 160 children, with 65 children expected in January 2016 when the facility is planned to open. Upon inspection of the new facility, the Minnesota Department of Health will update Peaceful Valley Montessori's license to serve a maximum capacity of 160 children. A neighborhood meeting was held at proposed child care facility on the evening of Monday, September 14. There were no neighbors in attendance. The Planning Commission has recommended approval of the proposal. Questions regarding driveway access, tree preservation, and traffic safety were addressed by the applicant at the informal public hearing on September 28. Specifically, the Commission felt the proposed use was in compliance with the ten factors in the City Code that determine the eligibility of a conditional use, subject to the following conditions: 1. The site plan prepared by Paul Meyer Architects and received on September 17, 2015, shall become a part of this approval. 2. The Montessori school/childcare facility shall be limited the amount specified by the Minnesota Department of Health and no greater than 160 clients. 3. All necessary licenses shall be obtained by the Minnesota Department of Health and/or the Minnesota Department of Education before schooling and childcare operations may commence. Proof of such licensing shall be presented to the Planning Manager. 4. If any future changes to the site are made on the north side of the building, the owner will be required to remove any driveway entrances it does not intend to use for vehicle access and replace them with curb and gutter to match into the existing curb line. The owner will also be required to extend the sidewalk from the building to the north in order to connect to the City sidewalk on Country Club Drive. 5. The hours of normal operation shall be Monday through Friday from 7 am to 6 pm with occasional events on evenings and weekends. 6. All improvements to the building shall meet the City's Building and Fire Code requirements. 7. All signage must meet the requirements of the City's Sign Code (Section 4.20). 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 9. Failure to comply with any of the terms of this permit shall be grounds for revocation. Attachments • Location Map (1 page) • Applicant's Narrative (1 page) • Unapproved Planning Commission Minutes dated September 28, 2015 (5 pages) • Memo to the Planning Commission, dated September 28, 2015 (3 pages) • Site Plan and Survey dated September 17, 2015 (2 pages) • Ordinance #581, Approval of Conditional Use Permit No. 140 - 6500 Olson Memorial Highway (2 pages) Recommended Action Motion to adopt Ordinance #581, Approval of Conditional Use Permit No. 140, 6500 Olson Memorial Highway - Peaceful Valley Montessori, Applicant. 6300 2 n 111414 7) ci 0 O r----._._� Subject Property Country Club Dr p. 6823 6809 6745 6681 Q 6701 6500 >. 540 - 602 y t.' 512 510 ^- - ~,530tate"WYK° --- -- 551,80••OW..w.s..1-..-.:W-.-II:ls".....w."".-- 5 `tate Mt.1/ on I":5, --0-1131- NWH 6401 - 5 an6400 _ 6445 _- ,,,:...:: 6498 6501 _ 6412 _ 6495 __ 6697SS 6494 6415 r U642476800 648968206810 ¢ 6421 6481r 6490 643261 yNc.^, �eKingston' 6427,,4356475 6438 `''.,�--+�_ 6817 6807 430 6827 6478 6444 420 t / \ 425 6450 `' 1840 / 4' 20 6473 ': `ry a 6830 6466 6458 6443 9eh a10 415 N °o i , ,c.:,..______ '� �iarO/ 6820\ 410 �.' 6469 \ 447 \ .\� boo, �\� • � ;tzs 7 tea 6810 6461 6453 /' 401 /0,‘", Aitate Conditional Use Permit: Peaceful Valley Montessori Academy Part b: Narrative description: Peaceful Valley Montessori Academy intends to use the property at 6500 Olson Memorial Hwy for a childcare/preschool facility with the capacity of 160 students. In the space, there will be two infant rooms, two toddler rooms, and three preschool rooms, as well as a large motor area. Each classroom will meet or exceed the minimum 35 sq. ft per child (which is required by Department of Human Services) and will also include the standard requirement of sinks and toilets. Administrative offices, a staff lounge and prep kitchen will also be included in the facility. There will be two outdoor environments, one for the toddlers and one for the preschoolers. The outdoor space on the South side of the building will be designated for use by the infants and toddlers, while the outdoor space on the North side of the building will be used by the preschool children. We intend to plant a garden and fruit orchard in the South side play area. Each outdoor space will be fenced for the safety of the children. Hours of operation will be Monday-Friday, 7:00 am-6:OOpm. On occasion, the space may be used on nights and weekends for parent education classes or conferences. Peaceful Valley Montessori Academy will have nine full time and ten part time employees. The parking lot on the East side of the building will be designated for employee parking. The West parking lot will remain available for parents and will have at least 27 parking spots available and meets ADA requirements for parking. It is our understanding that the City of Golden Valley intends to re-route the traffic pattern on/near the property at 6500 Olson Memorial Hwy. This will be a benefit to our clients, as there will be direct access to/from the highway. The time of day that traffic will be heaviest is 8:15-9:OOam and 3:15-4:OOpm. With a large parking lot to accommodate this, it should not impact local traffic patterns. Peaceful Valley Montessori Academy has been in business in Golden Valley for 6 years. The families at our school consider PVMA a community school and we are proud to be serving the families of Golden Valley. We have an extensive wait list and are excited to be able to serve more children and families in the community. With our extensive Montessori experience, both with our current facility and working at other Montessori schools, we find that the business model that we are proposing is strong and viable. By creating a larger Montessori school, PVMA will add to the charm and tight knit community that Golden Valley provides. Regular Meeting of the Golden Valley Planning Commission September 28, 2015 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Vali y Road, Golden Valley, Minnesota, on Monday, • - .tember 28, 2015. Vice Chair Seg:lbaum called the meeting to order at 7:04 pm. Those • -sent were Planning Commi .sioners Baker, Blum, Cera, Joh , Kluchka, Segelbaum, _ .d �•r°Waldhauser. Also p -sent was Planning Mana. asop Zimmerman, Associate Plann- rant Writer Emil ,Goellner, Planning 1 ,�,- " Melis ''Sonneki and Administrative Assista isa Wittma l, 11�, 1. Approval of Minutes ,tie; ,. 111111 August 24, 2015, Regular a nin ommission Meeting x.11, Waldhauser referred to " second •+:ragraph on a nine and asked for clarification regarding the lasts ence. Zimmer an explainedtha last sentence is referring to the administrate UD amendment rocess and:that if sta s an administrative amendmen ould be considered a + inor PUD amendment inste of administrative then it Id go through the minor P i D amendmerit process. ED by Waldhauser, seconded by Cera and motion carried unanimously to approve e August 24, 2015, minutes as submitted. 2. Informal Public Hearing - Copditional Use Permit (CUP #140) — Peaceful Valley Montessori Academy 46500 Olson Memorial Highway Applicant: Peaceful Valley Montessori Academy Addresses: 6500 Olson Memorial Highway Purpose: To allow for a childcare/preschool facility in the Business and PrPfessional Offices Zoning District. Sonnek stated that the property is guided Commercial/Office on the General Land Use Plan Map and is zoned Business and Professional Offices. She explained the applicant's request to relocate their existing childcare/preschool facility to this location. She referred to a site plan of the property and discussed the proposed site access, visitor parking, employee parking, main entrance and play area. She added that the applicant will also be constructing a sidewalk on the southwest corner of their property to provide egress from the building and noted that the applicant is not proposing any changes to the exterior of the building. Sonnek referred to the parking on the property and explained that the requirement for the proposed use is 1 space for every 6 participants and the property will have a surplus of parking with 89 stalls. She discussed the traffic generated by the proposed use and Minutes of the Golden Valley Planning Commission September 28, 2015 Page 2 stated that staff does not anticipate a significant change in traffic from the previous use (TruStone Financial) but rather a shift in peak hours to 8 am and 4 pm. Sonnek stated that the applicant is expected to serve 65 children when they open in January with a total capacity of 160 children. She stated that based on review of the application materials and evaluation of the factors used when considering a Conditional Use Permit staff is recommending approval of the applicant's request. Kluchka referred to the recommended condition regarding the number of pijelats allowed and questioned if the City needs to limit the number of clients since theistate`i nse sets the number of clients the applicant is allowed to have. ;l ##, iil� '14 Waldhauser stated that there were plans for a play area on the'north side ofithe!building and asked if that is still an option. Sonnek stated that the applicant's current proposal only has one play area on the south side of the property. ;;t, Segelbaum referred to the three entrances along Country Club Drive, two of which appear to be access to the former bank drive-through lanes and asked' if there is another use planned for the entrances. Sonnek noted that two of the tn`ree entrances provide access to the employee parking area. Segelbaum aV'lli ked'$fi`there is I us traffic. Sonnek said she will defer that question to the applicant. ,ili�' ill , 11 P{�aE�, did Segelbaum asked if there are other zoning di$tncts that allow childcare as a permitted use. Zimmerman stated that childcare is;on1 ;;allowed as a conditional use in certain zoning districts and is not a perry itted use in any district. Kluchka asked if there will be a communication plan with the parents regarding which streets should be used for access. Sonnek said that has not been discussed with the applicant. Johnson referred to the proposed new sidewalk on the southwest corner and asked if the large tree currently in that location will be removed. Kluchka asked how much of the sidewalk e?ci,t how much is new, and where it will go. Sonnek said 491 square feet of sidewalk will; 6'installed. Zimmerman added that the sidewalk is on the applicant's property' id ilrequired'for egress from the building. Katie Wagoner, Applicant, stated that their plan, due to overwhelming demand, is to expand from their 30 student facility to this new location. She said their vision is to serve families with different aged children in one facility. She explained that parents will pick up and drop off their kids and that there will be no bus traffic. Cera referred to the existing drive through on the north side of the property and asked if there are future plans for that area. Summer Picha, Applicant, stated that that they would like to create a second playground area in the future but it will currently be left as is. Waldhauser referred to the proposed fence on the south side of the property and asked if it is meant for privacy or for safety. Wagoner stated that it will be a six foot tall fence to Minutes of the Golden Valley Planning Commission September 28, 2015 Page 3 provide a noise buffer, privacy, and a secret garden. She referred to Commissioner Johnson's question regarding the tree currently located near where the proposed sidewalk will be and stated that the tree will remain. Kluchka noted that the fence around the proposed orchard area will be chain link and asked why it couldn't be the same material that will be used along the playground. Wagoner said they want people to be able to see the orchard and that the privacy fence is for the secret garden area. Kluchka said the chain link fence may detract from the aesthetics. Cera noted that the applicant currently has 30 clients and will be Iicensed;$;pr1; 60 children and asked if they have a five year plan. Picha said they have a two year plan.'Wa asked if there are enough qualified teachers. Wagoner stated that there is a Montessori training facility in St. Paul so the area is saturated with qualified teachers. '' Segelbaum referred to the three access points and questioned wh4route people will take and if it would make more sense to enter in the middle driveway. Picha stated that the middle driveway accesses the existing drive through and doesn't allow access to the parent parking area. Kluchka asked about signage. Picha said they would like to use the existing time and temperature sign and change the existing sign on!ithe building to say "your neighborhood Montessori" instead of "your neighborhoodic'redit union." Segelbaum asked about the existing vault. Wagoner said it will be used for storage. Blum asked the applicants if they've given any thought to additional landscaping along Highway 55. Picha said they haven't thought about it but they will consider it in the future. Segelbaum opened the public hearing. Linda Loomis, 6677 Olson Memorial Highway, said she would like to ask the Planning Commission to support this use. She said it is a great re-use of the property and she is excited that the applicants are able to expand in Golden Valley. Seeing and hearing no one else wishing to comment, Segelbaum closed the public hearing. Waldhauser said this proposal does seem to be a good use for this attractive property. She added that she is not fond of a solid wood fence. Baker said he has expressed concern about Conditional Use Permits not benefitting the City but this proposal clearly does and he supports it. Kluchka said he would like to discuss requiring a Highway 55/Douglas Drive communications plan. He said he is proposing the clients be told that they shouldn't be using Country Club Drive because it is a dangerous intersection. Zimmerman noted that that exit will be closed as part of the Douglas Drive reconstruction project. Segelbaum said making the conclusion about this intersection may not be a good thing for the Minutes of the Golden Valley Planning Commission September 28, 2015 Page 4 Planning Commission as a body to state as a part of this Conditional Use Permit request. Kluchka reiterated that he would like some sort of communication in place to avoid issues involving this dangerous intersection especially during rush hour. Cera said he agrees with Kluchka that this is a dangerous intersection, but there are other intersections in the City that are just as dangerous and he thinks it is up to the Street Department and the Police Department to decide how to handle dangerous intersections. He added that he doesn't think it is a condition that should be put on the approval of this proposal. Baker also agreed that it is dangerous, but he would not support a condition regarding a communication plan. Segelbaum recommended that the applicant study,andwatch the traffic at that intersection and to the extent it makes sense to communicate anyissues to their clients. Blum stated that after the intersection is closed the issue will be resolved. He added that 9 full time and 10 part time jobs will be on site, and theiCity willbe keeping and creating jobs and will allow families access to quality childcare. Cera referred to the condition regarding the number of clientslalloAed and asked if the language should be changed to match whatever the State will allow. Zimmerman said the City might not want the number to be as high as the Staie'may allow because there could be issues related to parking. Cera suggested the condition be'amended to state that the applicant is limited to 160 children or the numberapproved by the Department of Health, whichever number is lower. Baker said he thinksihe applicant could come back and amend their Conditional Use Permit in the future. Segelbaum agreed. Waldhauser said she would like to avoid requiring limits for no reason. Segelbaum said that 160 children is the maximum number the State will,allpw per the square footage of the space. Cera said if the use becomes larger he would'want there to be a one way entrance and exit. MOVED by Baker, seconded by Ceral,and motion carried unanimously to recommend approval of a Conditional Use Permit at 6500 Olson Memorial Highway to allow for a childcare/preschool facility in theBusiness and Professional Offices Zoning District subject to the followlnfindingpiand conditions: i Findings: 'll; ;j111)i 1. Demonstrated Need`for the Proposed Use: As the Peaceful Valley Montessori transitions into their new building, they need this facility to continue educating their established and;'pQtential future student base. 2. Consistency with`the Comprehensive Plan: A child care use is allowed as a conditional use within the Business and Professional Offices Zoning District. 3. Effect on'Property Values: Staff anticipates the introduction of this use would have no impact on the surrounding property values. 4. Effect on Traffic: Staff does not anticipate any negative traffic impacts to the surrounding areas based on the trips generated by this proposed use. 5. Effect of Increases in Population and Density: The proposed use will employ nine full-time and ten part-time employees on site. 6. Increase in Noise Levels: The proposed use may result in a slight increase in noise as a result of more children using the outdoor play area, but any increase is anticipated to have minimal impact. 7. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. Minutes of the Golden Valley Planning Commission September 28, 2015 Page 5 8. Impact of Pests: The proposed use is not anticipated to attract pests. 9. Visual Impact: Due to the fact that the applicant does not intend on redesigning the footprint of the building, but rather the interior design and layout, staff does not anticipate any negative impacts on the visual quality of the property. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects caused by the proposed use. Conditions: 1. The site plan prepared by Paul Meyer Architects and received on September 17, 2015, shall become a part of this approval. 2. The Montessori school/childcare facility shall be limited to 160 clients, or the amount specified by the Minnesota Department of Health, whichever is less. 3. All necessary licenses shall be obtained by the Minnesota=Department of:Health and/or the Minnesota Department of Education before sehoblifnd,and childcare operations may commence. Proof of such licensing shall14e pke4enteto the Planning Manager. 4. If any future changes to the site are made on the noi'ttilsjdebf the building, the owner will be required to remove any driveway entrances it�does not intend to use for vehicle access and replace them with curb and gutter to match into the existing curb line. The owner will also be requir ,d:to extend the`Sidewalk from the building eii ` to the north in order to connect to th C, i �dewalk o , Club Drive. � �� !� ountry 5. The hours of normal operation shall.`be Mo day through Friday from 7 am to 6 pm with occasional events on evenlpds ahFlii ileekends. 6. All improvements to the buil9I'g shll r> t the City's Building and Fire Code requirements. ,)�. 7. All signage must meet the requirements of the City's Sign Code (Section 4.20). 8. This approval is subject to all other,,state, federal, and local ordinances, regulations, or laws with authority over this development. 9. Failure to comply with any of the terms of this permit shall be grounds for revocation. Kluchka asked if the City has ever approached MnDOT in order to get some kind of welcome/gateway sign near this location other than the standard green street sign. Cera stated that the Commission could suggest to the City Council that they consider placing welcome signsin gateway locations. 3. Informal PA'bli Hearing — Zoning Code Text Amendment— Amending PUD Requirements Z000-102 Ap• cant: Cit of Golden Valley Purpose: Ti consider modifi - '.ns to PUD requirements when considering e:jor, • • , •r administrative amendments Goellner re •.•••ed t - C•` missioners that this item was continued at their last meeting. She e. -fined that t e purp�. e of the text amendment is to simplify the entitlement •cess and the cu bersome eframe. The current PUD process can take up to six city of goldent, MEMORANDUM Physical Development valley� Y PDepartment 763-593-8095/763-593-8109 (fax) Date: September 28, 2015 To: Golden Valley Planning Commission From: Emily Goeliner, Associate Planner/Grant Writer Melissa Sonnek, Planning Intern Subject: Informal Public Hearing, Conditional Use Permit 140—Allowing for a Child Care Facility in a Business and Professional Offices Zoning District—6500 Olson Memorial Highway— Peaceful Valley Montessori, Applicant Summary Peaceful Valley Montessori has applied for a Conditional Use Permit (CUP) allowing a child care/preschool facility to locate at 6500 Olson Memorial Highway. This property is zoned for Business and Professional Offices. Child care facilities require a Conditional Use Permit in this District. The building at 6500 Olson Memorial Highway was previously occupied by Trustone Financial Federal Credit Union. The subject property is bounded by Olson Memorial Highway to the south with access to Country Club Drive to the north. There is Light Industrial use to the north, Institutional use to the west, and Single Family Residential to the south. The site can be accessed from Country Club Drive through three driveways facing to the north of the site. The applicant has operated a child care facility at a different property (5530 Golden Valley Road) since 2010, where a previous CUP was approved. As child care demands continue to grow, Peaceful Valley would like to be able to serve more families. The Department of Human Services has issued a license that allows the applicant to provide care to 30 children in the current facility. Within the new facility, the applicant plans to have two infant rooms, two toddler rooms, and three preschool rooms. A fenced-in outdoor recreational area and an additional sidewalk are planned for the south side of the building. The new facility will be built to a capacity of 160 children, with 65 children expected in January 2016 when the facility is planned to open. Upon inspection of the new facility, the Minnesota Department of Health will update Peaceful Valley Montessori's license to serve a maximum capacity of 160 children. The applicant plans to utilize the parking spaces built by the previous owner of the building. According to the City Zoning Code, the use of child care requires 1 parking space for each 6 participants. The building is being designed for a capacity of up to 160 children, which requires 27 parking stalls. The applicant has surpassed this requirement by providing 89 parking stalls. As part of the reconstruction of Douglas Drive in 2016 and 2017, access to and from Country Club Drive will be removed and Country Club Drive will terminate in a cul-de-sac at its eastern end. The current right-in access to Country Club Drive from Olson Memorial Highway will be augmented with right-out access. These changes are not anticipated to significantly affect access to the site. A neighborhood meeting was held at proposed child care facility on the evening of Monday, September 14. There were no neighbors in attendance. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors: 1. Demonstrated Need for the Proposed Use: As the Peaceful Valley Montessori transitions into their new building, they need this facility to continue educating their established and potential future student base. 2. Consistency with the Comprehensive Plan: A child care use is allowed as a conditional use within the Business and Professional Offices Zoning District. 3. Effect on Property Values: Staff anticipates the introduction of this use would have no impact on the surrounding property values. 4. Effect on Traffic: Staff does not anticipate any negative traffic impacts to the surrounding areas based on the trips generated by this proposed use. 5. Effect of Increases in Population and Density: The proposed use will employ nine full-time and ten part-time employees on site. 6. Increase in Noise Levels: The proposed use may result in a slight increase in noise as a result of more children using the outdoor play area, but any increase is anticipated to have minimal impact. 7. Impact of Dust, Odor, or Vibration: The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. Impact of Pests: The proposed use is not anticipated to attract pests. 9. Visual Impact: Due to the fact that the applicant does not intend on redesigning the footprint of the building, but rather the interior design and layout, staff does not anticipate any negative impacts on the visual quality of the property. 10. Other Impacts to the City and Residents: Staff does not anticipate any other negative effects caused by the proposed use. Recommended Action Staff recommends approval of Conditional Use Permit 140 allowing for a child care facility in a Business and Professional Offices Zoning District at 6500 Olson Memorial Highway. The approval of a Conditional Use Permit is subject to the following conditions: 1. The site plan prepared by Paul Meyer Architects and received on September 17, 2015, shall become a part of this approval. 2. The Montessori school/childcare facility shall be limited to 160 clients, or the amount specified by the Minnesota Department of Health. 3. All necessary licenses shall be obtained by the Minnesota Department of Health and/or the Minnesota Department of Education before schooling and childcare operations may commence. Proof of such licensing shall be presented to the Planning Manager. 4. If any future changes to the site are made on the north side of the building, the owner will be required to remove any driveway entrances it does not intend to use for vehicle access and replace them with curb and gutter to match into the existing curb line. The owner will also be required to extend the sidewalk from the building to the north in order to connect to the City sidewalk on Country Club Drive. 5. The hours of normal operation shall be Monday through Friday from 7 am to 6 pm with occasional events on evenings and weekends. 6. All improvements to the building shall meet the City's Building and Fire Code requirements. 7. All signage must meet the requirements of the City's Sign Code (Section 4.20). 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 9. Failure to comply with any of the terms of this permit shall be grounds for revocation. Attachments Location Map (1 page) Applicant's Narrative (1 page) Site Plan and Survey dated September 17, 2015 (2 pages) al fbZ51kll3(OUd - E , Z1=o t O LZb55 NW'�Capen uap�oo .fcL rc: :,t•< I906'49s'C91 IL. '; o isCN4 o anpa qn�Q A.;uno3 00S9 9rv5s viosaNNlw tnowaia s4§ N N W' LL Z `. n[\afros•u1Mo1.1 3(1,13.u19f OMI ' E j d 1�� t� RIOSS31NOWA311VA1f1i33V3d DNI •S1 , 311H3aV pV1h za R4.-i. W ^ a< a •N 114 ET) �I 1 0 c-‘1Y I 0 oz z w 1 CO I „ ZI— O 1 1-r-1- O r 11 illw w O q� 1\ coV/ LL LL LL I p / %� 1\\ W ~ Z W 1 Zrn c.) n w a n u ° I OW LL 1\I Z d_ U O n O Q d cn J 1- WO n a zx a2 n U Z >_ Ca two II - ----- - \ \\n ? 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City Code Chapter 11 entitled "Land Use Regulations (Zoning)" is amended in Section 11.10, Subd. 2, and Section 11.45, by approving a Conditional Use Permit for a certain tract of land at 6500 Olson Memorial Highway, thereby allowing a child care facility in the Business and Professional Offices Zoning District. This Conditional Use Permit is approved based on the findings of the Planning Commission pursuant to City Code Section 11.80, Subd. 2(G), which findings are hereby adopted and incorporated herein as follows: 1. The applicant has demonstrated that there is a need for additional capacity at Peaceful Valley Montessori School. The facility in this location will accommodate that additional need. 2. The proposed child care facility is consistent with the General Land Use Plan Map. 3. Staff anticipates that the introduction of this use would have no negative impact on the surrounding property values. 4. The number of trips generated by the proposed use will have no negative impacts to the surrounding area. 5. The proposed use will employ approximately nine full-time and ten part-time employees on site, which is compatible with the size of the property and its location within the City. 6. The proposed use may result in a slight increase in noise due to the addition of an outdoor play area, but any increase is not anticipated to cause a negative impact. 7. The proposed use is not anticipated to cause an increase in dust, odor, or vibrations. 8. The proposed use is not anticipated to attract pests. 9. Since the changes to the exterior of the building are very limited, negative impacts on the visual quality of the property are not anticipated. The building's character is consistent with other buildings on Country Club Drive and Olson Memorial Highway. 10. No other negative effects are anticipated by the proposed use. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to the following specific conditions: 1 . The site plan prepared by Paul Meyer Architects and received on September 17, 2015, shall become a part of this approval. 2. The Montessori school/childcare facility shall be limited the amount specified by the Minnesota Department of Health and no greater than 160 clients. 3. All necessary licenses shall be obtained by the Minnesota Department of Health and/or the Minnesota Department of Education before schooling and childcare operations may commence. Proof of such licensing shall be presented to the Planning Manager. 4. If any future changes to the site are made on the north side of the building, the owner will be required to remove any driveway entrances it does not intend to use for vehicle access and replace them with curb and gutter to match into the existing curb line. The Ordinance No. 581 - continued owner will also be required to extend the sidewalk from the building to the north in order to connect to the City sidewalk on Country Club Drive. 5. The hours of normal operation shall be Monday through Friday from 7 am to 6 pm with occasional events on evenings and weekends. 6. All improvements to the building shall meet the City's Building and Fire Code requirements. 7. All signage must meet the requirements of the City's Sign Code (Section 4.20). 8. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 9. Failure to comply with any of the terms of this permit shall be grounds for revocation. Section 2. The tract of land affected by this ordinance is legally described as follows: That Part of Lot 2, AUDITOR'S SUBDIVISION NO. 322, Hennepin County, Minnesota, lying north of Trunk Highway 55 and westerly of a line running from a point in the southerly line of Sixth Avenue north 195 feet easterly of the west line of said lot, measured along said southerly line, to a point in the northerly line of Trunk Highway 55 distant 195 feet easterly from the west line of said lot measured along said northerly line of. Per Certificate of Title Number: 528055 That Part of Lot 2, AUDITOR'S SUBDIVISION No. 322, Hennepin County, Minnesota, lying north of Trunk Highway 55 and easterly of a line running from a point in the southerly line of Sixth Avenue North 195 feet easterly of the west line of said lot, measured along said southerly line, to a point in the northerly line of Trunk Highway 55 distant 195 feet easterly from the west line of said lot measured along said northerly line. Per Certificate of Title Number 528056 Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Sec. 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 26th day of October, 2015. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Kristine A. Luedke Kristine A. Luedke, City Clerk