planning commission staff report - minnetonka planning commission makes recommendation to the city a...

MINNETONKA PLANNING COMMISSION August 28, 2014

Brief Description A conditional use permit to operate an adult daycare center at

10550 Wayzata Boulevard Recommendation Recommend the city council approve the request ______________________________________________________________________ Project No. 13005.14a Property 10500 Wayzata Boulevard Applicant Irene Grudsky Proposal The applicant is proposing to operate a daycare center for up to

60 senior citizens in the Woodside Office Park. The center would be open Monday through Friday from 8 a.m. to 8 p.m. an on occasional Saturdays. (See narrative and plans on pages A2-A3.)

Proposal Requirements The proposal requires: • Conditional Use Permit: Within the Planned I-394 District,

(PID), licensed daycare facilities are conditionally permitted uses on properties designated for office, retail or service commercial uses.

Approving Body The planning commission makes a recommendation to the city council, which has final authority to approve or deny the request. (City Code §300.06 Subd. 4)

Propsoal On May 13, 2013, the city council approved a conditional use

permit for an adult daycare center, Joy Senior Center, at the same location. The approved center was designed to provide health and social type services for up to 60 senior citizens. The facility would be open from 8 a.m. to 8 p.m. Monday through Friday, with occasional Saturdays. The center would be staffed by an activities director, nurse, three caregivers and two drivers/program assistants. Joy Senior Center never opened and the conditional use permit expired on May 13, 2014. (See meeting minutes on pages A5.)

Meeting of August 28, 2014 Subject: CUP, 10550 Wayzata Boulevard The current applicant is proposing to operate the center as

previously approved. However, as the previously approved conditional use permit has expired, a new permit is required.

Proposed Parking The facility’s parking lot has 47 existing parking stalls. In addition

to the parking available onsite, additional parking is available via a cross-parking agreement for the four office buildings known as Woodside Office Park.

Senior clients of the center would not drive to the site. Rather, the center would transport the clients from their private residences to the property using 2-3 small buses and 2-3 mini-vans. The buses and vans would be stored on property when not in use. The seven employees would likely commute individually to the property. According to the submitted narrative, the applicant is proposing to use no more than 13 of the building’s 47 available parking spaces.

Staff Analysis Staff finds that the applicant’s proposal is reasonable.

• The proposed use would comply with the conditional use

permit standards as outlined in city code.

• The proposed use would require less parking stalls than any permitted office use that would be allowed in the tenant space.

• The clients would be provided with transportation from their private residents to the site. Staff does not anticipate any negative impacts to the surrounding roadway system or on-site parking demand.

Staff Recommendation Recommend that the city council adopt the resolution approving a conditional use permit to operate an adult daycare facility at 10550 Wayzata Boulevard. (See pages A7-A10.)

Originator: Ashley Cauley, Planning Technician Through: Loren Gordon, AICP, City Planner

Meeting of August 28, 2014 Subject: CUP, 10550 Wayzata Boulevard

Supporting Information Surrounding Northerly: Office condominiums, zoned PID Land Uses Easterly: Office condominiums, zoned PID

Southerly: I-394 and office buildings, zoned PID Westerly: Future Hampton Inn, zoned PID

Planning Guide Plan designation: Service commercial Zoning: PID, Planned I394 District Background In 1983, the city council aproved the “12-Hi properties Planned

Unit Development.” The PUD inclued four office buildings which would later become known as the Woodside Office Park.

Ordinance update Following the approval of Joy Senior Center, the city amended

the city code regarding daycare and residential care facilities. The ordinance amendment pertained only to daycare and residential care facilities only within residential zoning districts.

Parking By ordinance, general office buildings must provide one parking

space for every 250 square feet of floor area. If the 3,500 square foot tenant space was an office use, the code would require 14 parking stalls.

A licensed daycare facility requires one parking stall for every six

clients. For the purposes of the CUP standard the required number of parking is based on the number of users rather than a gross floor area. As required by the conditional use permit standards the center would need 10 parking stalls.

CUP Standards The proposal would meet the general conditional use permit

standards as outlined in City Code §300.21 Subd.2:

1. The use is consistent with the intent of this ordinance;

2. The use is consistent with the goals, policies and objectives of the comprehensive plan;

3. The use does not have an undue adverse impact on

governmental facilities, utilities, services or existing or proposed improvements;

4. The use is consistent with the city's water resources

management plan;

Meeting of August 28, 2014 Subject: CUP, 10550 Wayzata Boulevard

5. The use is in compliance with the performance standards specified in section 300.28 of this ordinance; and

6. The use does not have an undue adverse impact on the public

health, safety or welfare.

By definition, the city code does not distinguish between daycare facilities for children or for adults. Some of the conditions associated with daycare facilities utilize the terms “child” and “children.” Ignoring the references to “child” and “children” the proposed daycare facility would meet the specific conditional use permit standards as outlined in city code:

1. Shall have loading and drop-off points designated to avoid

interfering with traffic and pedestrian movements;

Finding: Both loading and drop-offs would occur at the existing accessibility door adjacent to the parking lot.

2. Outdoor play areas shall be located and designed in a manner

which mitigates visual and noise impacts on adjoining residential areas;

Finding: While primarily all of the activities associated with the center would occur within the building, a small gathering areas would be located behind, in front and the west side of the building. The property does not have any adjacent or adjoining residential uses.

3. One parking space for each six children based on the licensed

capacity of the center; and

Finding: The proposed daycare facility would be for up to 60 clients. As such, the facility would require 10 parking spaces. These ten parking spaces could easily be accommodated within the existing parking lot. The applicant does indicate that it is more likely that the proposed facility would use a maximum of 13 parking stalls. The parking lot would adequately provide for the additional three stalls on site.

4. Shall obtain all applicable state, county and city licenses.

Finding: This has been added as a condition of approval.

Neighborhood The city sent notices to 29 area property owners and has Comments received no comments to date.

Meeting of August 28, 2014 Subject: CUP, 10550 Wayzata Boulevard Deadline for November 11, 2014 Decision

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Location MapProject: Grudsky, IreneAddress: 10550 Wayzata Blvd(13005.14a)

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This map is for illustrative purposes only.

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Subject Property

A1 Irene Grudsky 10550 Wayazata Boulevard

13005.14a

Written Statement

I'd like to propose to operate a licensed day care facility within an existingbuilding at 10550 Wayzata Boulevard. It is anticipated that the facility would be licensedby the state for up to 60 senior citizen clients. The center would be open Mondaythrough Friday from 8 a.m. to 8 p.m. with occasional Saturdays. The proposal requires aconditional use permit.

The center would be staffed by an activities director, nurse,three caregivers and two drivers/program assistants.

The facility's parking lot has 47 existing parking stalls. Inaddition to the parking available on the property, there is anexisting cross-parking agreement for the four office buildings.

The adult clients would not drive to the site. Rather, the centerwould transport the clients to the property from their residencesusing 2-3 small buses and 2-3 mini-vans. The buses and vanswould be stored on site when not in use. The seven employeeswill likely commute individually and park on the property.According to the narrative, the applicant is proposing to use nomore than 13 of the facility's 47 parking spaces.

Site and Floor Plans are attached.

Thank youl

Irene Grudsky

Written Statement

I'd like to propose to operate a liceris6d day care facility within an existing building at 10550 Wayzata Boulevard. It is anticipated that the facility would be licensed by the state for up to 60 senior citizen clients. The center would be open Monday ttirough Friday from 8 a.m. to 8 p.m. with occasional Saturdays. The proposal requires a conditional use permit.

The center would be staffed by an activities director, nurse, three caregivers and two drivers/program assistants.

The facility's parking lot has 47 existing parking stalls. In addition to the parking avaiiabie on the property, there is an existing cross-parking agreement for the four office buildings.

The adult clients would not drive to the site. Rather, the center would transport the clients to the property from their residences using 2-3 small buses and 2-3 mini-vans. The buses and vans would be stored on site when not in us©. The seven employees will likely commute individually and park on the property. According to the narrative, the applicant is proposing to use no more than 13 of the facility's 47 parking spaces.

Site and Floor Plans are attached.

Thank you!

Irene Grudsky

b JUL 1 4 2014

S o b m i ^ y A p p i t o a n t


13005.14a

Proposed Floorplan

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10550 WAYZATA BLVD13005.13A


13005.14a

Woodside Office Park - Site Plan

Woodside Office Park

DowntownMinneapolis

This 9.2 acre Planned Unit Development is located in the City of Minnetonka on a highly visible site adjacent to U.S. Highway 12. Plans call fora 10,000 square foot Stuart Anderson's Cattle Company Restaurant and five office condominium buildings totalling 42,000 square feet. Therestaurant and office building number one are scheduled for openings in the fall of 1983.

Woodside Office Park - Site Plan

Woodside Office Park

Downtown Minneapolis

Lake etonlJ

Airport

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north

This 9.2 acre Planned Unit Development is located in the City of Minnetonka on a highly visible site adjacent to U.S. Highway 12. Plans call for a 10,000 square foot Stuart Anderson's Cattle Company Restaurant and five office condominium buildings total l ing 42,000 square feet. The restaurant and off ice building number one are scheduled for openings in the fall of 1983.


13005.14a

Proposed location

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CITY COUNCIL MINUTES PAGE 3 MEETING OF MAY 13, 2013

9. BIDS AND PURCHASES:

A. Bids for 2013 Contractor Overlay project

Barone gave the staff report.

Hiller moved, Allendorf seconded a motion to award the contract for the2013 Contractor Overlay Project No.13409 to GMH Asphalt Corporation inthe amount of $639,836.10. All voted "yes." Motion carried.

10. CONSENT AGENDA (Items Requiring a Majority Vote):

A. Resolution accepting plans and specifications and authorizing theadvertisement for bids for the Eden Prairie Road Sidewalk andGatewood area improvements

Allendorf moved, Hiller seconded a motion to adopt Resolution No. 2013-034 accepting plans and specifications and authorizing the advertisementfor bids for the Eden Prairie Road Trail Project No. 13206. All voted "yes."Motion carried.

B. Resolution authorizing easement acquisition for the Shady Oak RoadTrail Project

Allendorf moved, Hiller seconded a motion to adopt Resolution No. 2013-035 authorizing easement acquisition by condemnation for one parcel forthe Shady Oak Trail Project. All voted "yes." Motion carried.

C. Resolution amending the council policy on utility connection fees

Allendorf moved, Hiller seconded a motion to adopt Resolution No. 2013-036 amending the council policy on connection fees. All voted "yes."Motion carried.

D. Resolution approving a conditional use permit amendment withvariance for expansion of the outdoor patio at 17805 State Hwy 7

Allendorf moved, Hiller seconded a motion to adopt Resolution No. 2013-037 approving the request. All voted "yes." Motion carried.

E. Resolution approving a conditional use permit for Joy Senior Centerat 10550 Wayzata Boulevard

Allendorf moved, Hiller seconded a motion to Resolution No. 2013-038approving the request. All voted "yes." Motion carried.

CITY COUNCIL MINUTES PAGE 3 MEETING OF MAY 13, 2013

9. BIDS AND PURCHASES:

A. Bids for 2013 Contractor Overlay project

Barone gave the staff report.

Hiller moved. Allendorf seconded a motion to award the contract for the 2013 Contractor Overlay Project No. 13409 to GMH Asphalt Corporation in the amount of $639,836.10. All voted "yes." Motion carried.

10. CONSENT AGENDA (Items Requiring a Majority Vote):

A. Resolution accepting plans and specifications and authorizing the advertisement for bids for the Eden Prairie Road Sidewalk and Gatewood area improvements

Allendorf moved. Hiller seconded a motion to adopt Resolution No. 2013- . 034 accepting plans and specifications and authorizing the advertisement for bids for the Eden Prairie Road Trail Project No. 13206. All voted "yes." Motion carried.

B. Resolution authorizing easement acquisition for the Shady Oak Road Trail Project

Allendorf moved, Hiller seconded a motion to adopt Resolution No. 2013-035 authorizing easement acquisition by condemnation for one parcel for the Shady Oak Trail Project. All voted "yes." Motion carried.

C. Resolution amending the council policy on utility connection fees

Allendorf moved. Hiller seconded a motion to adopt Resolution No. 2013-036 amending the council policy on connection fees. All voted "yes." Motion carried.

D. Resolution approving a conditional use permit amendment with variance for expansion of the outdoor patio at 17805 State Hwy 7

Allendorf moved, Hiller seconded a motion to adopt Resolution No. 2013-037 approving the request. All voted "yes." Motion carried.

E. Resolution approving a conditional use permit for Joy Senior Center at 10550 Wayzata Boulevard

Allendorf moved, Hiller seconded a motion to Resolution No. 2013-038 approving the request. All voted "yes." Motion carried.


13005.14a

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13005.14a

Resolution No. 2014-

Resolution approving a conditional use permit for an adult daycare center at 105500 Wayzata Boulevard

_____________________________________________________________________ Be it resolved by the City Council of the City of Minnetonka, Minnesota, as follows: Section 1. Background. 1.01 Irene Grudsky has requested a conditional use permit to operate an adult

daycare center within an existing building. (Project 13005.14a.). 1.02 The property is located at 10550 Wayzata Boulevard. It is legally described

as: Registered Land Survey No. 1586, Tract A 1.03 On August 28, 2014, the planning commission held a hearing on the

proposal. The applicant was provided the opportunity to present information to the planning commission. The planning commission considered all of the comments received and the staff report, which are incorporated by reference into this resolution. The commission recommended that the city council approve the permit.

Section 2. General Standards. 2.01 City Code §300.21 Subd. 2 lists the following general standards that must

be met for granting a conditional use permit:

1. The use is consistent with the intent of the ordinance;

2. The use is consistent with the goals, policies and objectives of the comprehensive plan;

3. The use does not have an undue adverse impact on governmental

facilities, utilities, services or existing or proposed improvements; 4. The use is consistent with the city's water resources management


13005.14a

Resolution No. 2014- Page 2

plan;

5. The use is in compliance with the performance standards specified in §300.28 of the ordinance; and

6. The use does not have an undue adverse impact on the public

health, safety or welfare. Section 3. Specific Standards. 3.01 City Code §300.21 Subd. 4 lists the following specific standards that must

be met for granting a conditional use permit for licensed daycare facilities:

1. Shall have loading and drop-off points designated to avoid interfering with traffic and pedestrian movements;

2. Outdoor play areas shall be located and designed in a manner which

mitigates visual and noise impacts on adjoining residential areas; 3. One parking space for each six children based on the licensed

capacity of the center; and 4. Shall obtain all applicable state, county and city licenses.

Section 4. Findings. 4.01 The proposal meets the conditional use permit standards:

1. Both loading and drop-offs would occur at the existing accessibility door adjacent to the parking lot.

2. While primarily all of the activities associated with the center would occur within the building, small gathering areas would be located behind, in front of and on the west side of the existing building. The property does not have any adjacent residential uses.

3. The proposed daycare facility would be licensed for up to 60 clients.

As such, the facility would require 10 parking spaces. These ten parking spaces could easily be accommodated in the existing parking lot. The applicant does indicate that the proposed facility would use a maximum of 13 parking spaces. These additional three spaces could be accommodated in the existing parking spaces.

4. A condition of approval has been included to ensure all applicable licensure is obtained.


13005.14a


Section 5. Council Action. 5.01 The above-described conditional use permit is approved, subject to the

following conditions:

1. Subject to staff approval, the property must be developed and maintained in substantial conformance with the following plans: Narrative submitted and date-stamped July 14, 2014 Plans submitted and date-stamped July 14, 2014

2. Prior to issuance of a building permit:

a) This resolution must be recorded with Hennepin County. b) Submit evidence of all applicable state, county and city

licenses.

3. If no building permit is necessary, the following must be submitted prior to occupancy of the daycare business:

a) This resolution must be recorded with Hennepin County. b) Submit evidence of all applicable state, county and city

licenses.

4. The number of clients at any one time is limited to 60.

5. The daycare facility must have loading and drop-off points designated to avoid interfering with traffic and pedestrian movements.

6. The daycare facility must have an outdoor area for clients.

7. An addressable fire alarm system must be installed within the tenant

space.

8. The applicant must contact the Minnesota State Fire Marshal Division for a fire inspection.

9. The city council may reasonably add or change the conditions to

address any future unforeseen problems.


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10. Any change to the approved use that results in an increase in traffic

or a significant change in character would require a revised conditional use permit.

Adopted by the City Council of the City of Minnetonka, Minnesota, on September 15, 2014. _______________________________________ Terry Schneider, Mayor Attest: _________________________________ David E. Maeda, City Clerk Action on this resolution: Motion for adoption: Seconded by: Voted in favor of Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka, Minnesota, at a meeting held on September 15, 2014. David E. Maeda, City Clerk


13005.14a

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