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AGENDA ITEM Item No.: 7 Date: March 13, 2017 Item Description: 17-3898, Dale Richardson/CBS-MN Properties, 2060 Wayzata Blvd. West, Amend PUD No. 2C Agreement to Allow Daycare Use Presenter: Mike Gaffron, Senior Planner Agenda Planning Department Section: Report 1. Purpose. The purpose of this action item is to determine whether daycare use is appropriate for this property, and if so, adopt the attached amendment of the PUD No. 2C Agreement. 2. Application Deadline. Rcvd: 1/17/17 Complete: 1/17/17 60 -Day Review Period Expires: 3/18/17 3. Background. The applicant is requesting that the City amend the zoning provisions for the subject property to allow `daycare' as an allowed use for the property. In a separate application (#17-3899), Little Acorns Childcare currently operating in Long Lake has requested a Conditional Use Permit to operate a daycare in the existing building on the property. Please review the attached Planning Commission memo and exhibits. 4. Planning Commission Recommendation. The Orono Planning Commission on 2/21/17 voted 6-0 on a motion to recommend approval of the proposed amendment of the PUD No. 2C Agreement to allow `Daycare Use' as a Conditional Use for the property, subject to the following additional recommendations: - The amendment is for this property only. - Daycare should not be added as an allowed use in the B-6 district at this time. - The standard of 50 sq. ft. of outside play area per pupil that appears in Orono's B-1 and B-3 conditional use requirements for daycare, should not be included in the amendment text, since this standard conflicts with State licensing standards. Applicants should merely be subject to State licensing standards. The provision for 50 sq. ft. of outside play area appearing in the B-1 and B-3 District daycare standards should be eliminated. 5. Public Comments. No public comments were forthcoming at the public hearing held by the Planning Commission. Per the City's standard practice, all property owners within 350 feet of the property were notified of the hearing. 6. Staff Recommendation. Staff recommends approval per the Planning Commission recommendation. A draft amendment of the PUD No. 2C Agreement is attached for Council consideration and approval. Note the following: - The Amendment as drafted applies to Lot 1 which is the site of the existing building, with an allowance for ancillary facilities (outdoor recreation area) within the commons parking lot, Lot 6; this precludes the daycare use extending to the other 4 building lots. If Council desires, this can be amended to include other parcels within the 2060 overall site. - If Council desires, the amendment of the B-1 and B-3 Districts to remove the 50 sq. ft. outdoor play area requirement will be placed on the ongoing list of future code amendments Prepared By: Mike Gaffron Reviewed By: Approved By: D5^