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HomeMy WebLinkAboutRES 15-048 Approving CUP 3055 Old Hwy 8CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION NO. 15 -048 RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) AMENDMENT TO INCREASE THE SQUARE FOOTAGE OF DAYCARE FACILITIES LOCATED ON THE PROPERTY AT 3055 OLD HIGHWAY 8 WHEREAS, the City of St. Anthony Village received a request from the Applicant, St. Anthony Business Center, for an amendment to the existing conditional use permit to allow for the expansion of daycare facilities located at 3055 Old Highway 8 on June 22, 2015, legally described as outlined in Exhibit A; and WHEREAS, the property located at 3055 Old Highway 8 is located within the City's LI Zoning District; and WHEREAS, St. Anthony Business Center and the Minnesota Education and Childcare Academy has submitted an application for an amendment to their existing Conditional Use Permit under City Code Section § 152.243 (C) to allow for an expansion of the current childcare facilities located in an industrial zoned district; and WHEREAS, on July 27, 2015, the Planning Commission conducted a public hearing on the proposed CUP amendment; and WHEREAS, all required public hearing notices regarding the public hearing were posted and sent as required by State Statute; and WHEREAS, the Planning Commission has recommended approval of the proposed CUP amendment to the City Council upon the conclusion of the public hearing; and WHEREAS, the City Council received the Planning Commission's recommendation, additional written and verbal testimony from the applicant and other interested persons, and upon consideration of the application and supporting materials, Staff's report and all other information constituting the record of this application; and WHEREAS, the City Council upon further deliberation, voted to approve the requested Conditional Use Permit amendment and directed the preparation of the Findings of Fact and this resolution as a contemporaneous record of the Council's decision; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village approves the Applicant's Conditional Use Permit amendment request to expand the square footage of the daycare facilities to a total of 7,630 square feet, as outlined in the floor plan in Exhibit B, based on the following findings: 1. Section §152.122 (H) states that daycare centers without drive - through facilities are an allowed use in the Light Industrial District under a Conditional Use permit. 2. The issuance of a Conditional Use Permit under Section §152.243 (C) of the City's Zoning Code requires the consideration of the following items: a. The use is one of the conditional uses specifically listed for the district in which the property is located. Criterion met. b. The Council has specified all conditions, which the Council deems necessary to make the use compatible with other uses in the area. Criterion met. (Conditions are listed below). c. The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. Criterion met. d. The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. Criterion met. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's approval of the requested Conditional Use Permit is contingent on the following: I. Traffic Control. Off - street loading areas shall be provided on site and designated for the forward travel of vehicles both on entering and leaving the premises, as outlined in Exhibit C. This access should be easily navigated in and out, but allow for the safe drop -off or pick -up of children. This pick -up and drop -off area shall be close to the building. Walkways should be available to provide safe movement between the facility and the loading and/or parking areas. 2. Parking. Required parking shall include one space for each employee on the largest shift, as outlined in Exhibit C. 3. Signs. Signs are permitted as allowed in Title XV, Section 155.29 (C) of the City's Code. 4. Compliance with state and federal laws and regulations. All daycare facilities must comply with state and federal regulations pertaining to the daycare facility and program. 5. Hours of Operation. The childcare facility approved in 2009, totaling 2,370 square feet, and outlined on Exhibit B, shall have hours of operation from 6 a.m. to 6 p.m. Monday through Friday, year round. The drop in daycare center, a total of 5,260 square feet, shall have the school year hours from Monday through Friday, 3 p.m. to 8 p.m., Saturday from 9 a.m. to 5 p.m. and summer hours of Monday through Saturday, 10 a.m. to 3 p.m. 6. Expansion of Footprint. Any additional intensification of the use beyond the submitted floor plan would require an amendment to the Conditional Use Permit. 7. Written verification regarding license.Written verification from the appropriate authories as to the requirement or non - requirement of licensure as determined by city staff. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council's hereby approves the requested conditional use permit amendment, based on the findings stated herein. Adopted this 11 `h day of A must, 2015 J rome O. Faust, Mayor Attested: / z/ N�o erMiller, City CIA Reviewed for administration: IVA G Mark Casey, rity Manager EXHIBIT A THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER IN SECTION 6, TOWNSHIP 29, RANGE 23 DESCRIBED AS BEGINNING AT A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 863.9 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 282.66 FEET; THENCE SOUTHWESTERLY 864.38 FEET, MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE NORTH 350 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 615.35 FEET WEST FROM THE SOUTHEAST CORNER OF THE NORTH 350 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE EAST ALONG SAID SOUTH LINE 95.58 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 143.1 FEET SOUTH FROM THE POINT OF BEGINNING; THENCE NORTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING; EXCEPT THAT PART LYING NORTHERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 863.9 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST, PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 282.66 FEET; THENCE SOUTHWESTERLY, ALONG A LINE THAT INTERSECTS A POINT ON THE SOUTH LINE OF THE NORTH 350 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 615.35 FEET WEST FROM THE SOUTHEAST CORNER OF THE NORTH 350 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 188.86 FEET AND TO THE ACTUAL POINT OF BEGINNING OF THE LINE TO BE DESCRIBED; THENCE SOUTH 52 DEGREES 33 MINUTES 36 SECONDS EAST, A DISTANCE OF 260.03 FEET TO THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED PROPERTY, AND SAID LINE THERE TERMINATING. EXHIBIT B Floor Plan 1-1u ay. n. school /drop in existingdaycare addition EXHIBIT C