02-21-2017 Planning Commission Packet

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• #17-3898 2060 Wayzata Blvd. February 21,2017 Page 2 The property remains in a partially developed state,containing the initial building, a foundation for a second building, and 3 vacant lots. Site grading, parking lot and utilities were substantially completed by the original developer in 2007-2008 but little additional activity has occurred on the site since 2009. Comprehensive Plan Considerations The Orono Community Management Plan (CMP) in Map 3B-6: Land Use Plan,guides the property at 2060 Wayzata Boulevard for"Office" use,while the CMP text suggests that the area west of the Orono Woods Senior Housing "should be developed with a mix of commercial uses including retail,service and office components"(CMP Part 3B, Land Use Plan, Urban Commercial Land Use, Orono/Long Lake Commercial Area, Pages 38-40). The only other properties within the Highway 12 corridor guided for'office' use are the Service 800 building and the four parcels south of Kelley parkway between Willow Drive and Old Crystal Bay Road. The Orono CMP does not(and probably should not) provide the level of detail as to what specific uses are considered as"office"or"service". Daycare uses are commonly found in office settings as well as in retail, residential and institutional settings. Zoning Considerations Daycare is not a permitted or conditional use within the underlying B-6 Highway Commercial Zoning District, and is not a permitted or otherwise allowed use per the provisions of the PUD 2C Agreement. Because the PUD 2C Agreement functionally becomes the zoning for this property, an amendment of the Agreement at minimum is necessary for approval of a daycare use should the City Council choose to allow it. While it could be argued that the underlying B-6 district standards could undergo a text amendment to allow daycare, such an amendment would be applicable to all other properties zoned B-6 in Orono. The number of such properties is fairly small, however,consisting only of the Otten Brothers Nursery site and the three undeveloped commercial lots along the south side of Kelley Parkway, plus the medical/dental office building across from City Hall. In the residential zoning districts where daycare is an allowed use, it is a conditional use. Those districts include R-1A, R-1B, LR-1A, LR-1B, LR-1C, LR-1C-1, RR-1A and RR-1B.The code provisions for a daycare conditional use within each of these districts are listed as follows: "Within any(R-1A, etc.) one-family residential district, no structure or land shall be used for the following uses except by conditional use permit: Schools, daycare centers, uses accessory to a high school: a. Pre-kindergarten, primary and secondary public schools and private schools with a curriculum similar to a pre-kindergarten, primary or secondary school. Schools may include before and after school care for students. b. Daycare centers, nursery schools and similar programs that are not associated with a public or private school and serve pre-kindergarten children." Daycare is also allowed in just two of Orono's business districts(again as a conditional use) including B-1 and B-3.The provisions are slightly different for these two districts: "Within the (B-1, B-3) business district, no structure or land shall be used for one of the following uses without a conditional use permit: "Day nurseries,provided not less than 50 square feet of outside play area per pupil is available and fenced."