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HomeMy WebLinkAbout5.c. Request by GDK Preschool CUP EXECUTIVE SUMMARY Planning Commission Regular Meeting: September 17, 2018 Tentative City Council Meeting: September 18, 2018 AGENDA ITEM: 18-46-CUP Request by God’s Discovery Kids Preschool for a Conditional Use Permit to Expand a Daycare Facility Within a Church AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.c. ATTACHMENTS: Site Location; Site Aerial; Engineer’s Memo dated August 28, 2018; Email from Resident APPROVED BY: KL RECOMMENDED ACTION: Motion to recommend approval of the Conditional Use Permit to allow expansion of an existing daycare facility in The Well, a United Methodist Church, for up to 142 children, subject to following conditions: a. The applicant receives all applicable state, county and city licenses. b. When GDK Preschool expands over 88 students, the City reserves the right to request a traffic study and improvements by GDK Preschool as recommended by the study. c. If traffic operations at the southern parking lot are problematic, as determined by City staff, the City may direct GDK Preschool to use the northern parking lot as an alternate access with better circulation. SUMMARY Applicant: Lisa Gilbertson, God’s Discovery Kids Preschool Property Owner: The Well, A United Methodist Church (formerly Rosemount UMC) Site Location: 14770 Canada Avenue Site Area: 4.97 Acres Land Use Des.: LDR-Low Density Residential Current Zoning: R1A-Low Density Residential The applicant, God’s Discovery Kids Preschool, requests a conditional use permit to allow expansion of an existing preschool facility in The Well, a United Methodist Church. The preschool has been operating at its current location since 2004. It was grandfathered in when the zoning ordinance was amended in 2007 to make daycares, Montessori schools, and nurseries conditional uses in the R1 zoning district. Therefore, the applicant did not and has not been required to receive a Conditional Use Permit to operate. Because the applicant would like to increase the number of students at the facility from 70 to 142, a conditional use permit is required. The applicant is currently seeking to update their licensing with the State of Minnesota to serve 88 children, but because there are additional classrooms available, the applicant is requesting the CUP for 142 students to avoid having to amend the CUP in the future. If the applicant chooses to expand up to 142 students, a condition of approval allows the City to initiate further investigation if traffic proves to be an issue. No changes to the site are being proposed. Staff is recommending approval of the conditional use permit. 2 CONDITIONAL USE PERMIT Legal Authority. Conditional use permits (CUP) are considered quasi-judicial actions. In such cases, the City is acting as a judge to determine if the regulations within the Comprehensive Plan, Zoning Ordinance and Subdivision Ordinance are being followed. Generally, if the application meets these requirements it must be approved. Purpose. The purpose of conditional use permits is to allow for those uses which are not generally suitable by right within a given zoning district but may be suitable under some circumstances. The burden of demonstrating the proposed use meets the criteria for granting a conditional use permit and meeting all applicable standards lies with the applicant. As a conditional use, daycares, Montessori schools, and nurseries are subject to the general CUP standards outlined in Section 11-10-7 These standards evaluate the City’s land use and zoning performance standards and the potential impact of the proposed use on the surrounding neighborhood. These standards and staff findings for each are provided below. 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. Finding: The daycare facility will not be detrimental to the public health, safety, or general welfare of the neighborhood or the City of Rosemount. 2. Will be harmonious with the objectives of the comprehensive plan and city code provisions. Finding: The proposed expansion of the existing preschool use will be harmonious with the objectives of the comprehensive plan and city code. The subject property is guided by the comprehensive plan and zoned for low density residential (LDR). The purpose of the LDR designation is to provide housing for families with children that is close to and can be served by schools, churches, and public parks. Daycares, Montessori schools, and nurseries are allowed as a conditional use in the low density residential district. Additionally, the site meets the City Code requirements for parking, which in this case would be 28 stalls or one for every 20 students and one stall per teacher. The site contains one hundred ninety stalls, forty-eight of which are located in the southern parking lot that is the primary entrance for the preschool. 3. Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. Finding: No changes to the building are being proposed by the applicant. Existing classrooms will hold the additional students being proposed by the applicant. 4. Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. Finding: The additional students being proposed will not require any additional public facilities or services. 3 5. Will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. Finding: The proposed expansion of the preschool will not involve uses, activities, processes, material equipment and conditions of operation that will be hazardous or detrimental to any persons, property, or the general welfare. The Assistant City Engineer has reviewed the proposal and provided comments regarding the impact on the neighborhood increasing the number of students at the school would have, specifically as it relates to traffic. Their comments are contained in the Engineer’s memo included with the attachments. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. Finding: The site has three access points, but the preschool mainly utilizes the entrance and parking lot on the south end of the site. The Assistant City Engineer has reviewed the request and does not anticipate the need for any changes to traffic controls. 7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. Finding: The preschool expansion will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance and will comply with all local, state, and federal environmental quality standards. 8. These standards apply in addition to specific conditions as may be applied throughout this code. Finding: There are no specific conditions for this use in the R1A zoning district. RECOMMENDATION Based on the information contained in this report and provided by the applicant and the Assistant City Engineer, staff is recommending approval of the request for a conditional use permit to expand the number of students at God’s Discovery Kids Preschool from 70 to up to 142. Dakota County, MN Property Information Au gust 16, 2018 0 450 900225 ft 0 130 26065 m 1:4,800 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. MEMORANDUM DATE: August 28, 2018 TO: Anthony Nemcek, Planner CC: Kim Lindquist, Community Development Director Stacy Bodsberg, Planning & Personnel Secretary Brian Erickson, Director of Public Works/City Engineer FROM: Stephanie Smith, Assistant City Engineer RE: God’s Discovery Kids (GDK) Preschool Engineering Review SUBMITTAL: This memorandum is based on proposed expansion from 70 students to 142 student enrollment. It is understood that GDK Preschool wishes to expand to 88 students at this time, but intends to increase to the full 142-child enrollment at a later date. No plans to modify the site are anticipated. This project is not anticipated to include public infrastructure improvements. STREETS AND PARKING LOTS The site currently has three accesses: two off Canada Avenue and one off Lower 147th Street West. The large parking lot on the north portion of the site has two accesses and multiple drive aisles to provide circulation. The smaller parking lot south of the building has one access and a single aisle lot that terminates in a dead-end. It is staff’s understanding that the daycare currently uses the southern parking lot as its main entrance. Per ITE’s Trip Generation Manual, 6th Edition, the daycare is expected to generate vehicle trips during the peak hour as shown below: Existing (70 Students) Initial Expansion (88 students) Future Expansion (142 students) A.M. Peak Hour Trips 57.4 72.16 (+14.76) 116.44 (+59.04) P.M. Peak Hour Trips 60.2 75.68 (+15.48) 122.12 (+61.92) These additional trips are not anticipated to change warrants for traffic control on Canada Avenue, therefore, roadway improvements are not recommended with this proposal. Staff recommends the following condition approval: 1. When GDK Preschool expands over 88 students, the City reserves the right to request a traffic study and improvements by GDK Preschool as recommended by the study. 2. If traffic operations at the southern parking lot are problematic, as determined by City staff, the City may direct GDK Preschool to use the northern parking lot as an alternate access with better circulation. Should you have any questions or comments regarding the items listed above, please contact me at 651-322-2015. 1 Nemcek, Anthony From:Bodsberg, Stacy Sent:Thursday, August 23, 2018 9:10 AM To:Nemcek, Anthony Subject:FW: Comments-Public Hearing Methodist Church Daycare     From: Carol & RC [mailto:rcandcarol@frontiernet.net]   Sent: Thursday, August 23, 2018 8:56 AM  To: Bodsberg, Stacy   Subject: Comments‐Public Hearing Methodist Church Daycare  I live on 149 ST W in Rosemount which is on the route of travel for people going from Co Rd 42 (at Chippendale) to The Well church. The traffic on my street in the morning increases dramatically when parents are on their way to drop off children at The Well's preschool business. My street is one block long where I live and you would think it would be a relatively quiet street, it is not. It seems that there a fair number of parents run late and often they will be travelling too fast for my liking. I have lived at my house for 43 years. Being retired I now find myself at home during the prime time drop-off hour for The Well's preschool and I do not like the additional traffic. (I do not have any problem with traffic going to The Well's church services as those folks apparently manage their time better and have better driving skills.) Have you done traffic counts on my street during the preschool session versus when the preschool is not is session? I paid my assessment for my street's maintenance a few years ago. I doubt the church will help me defray that cost and future costs due to their business expansion. The Well is a church in a residential area and they should follow zoning laws. My wife and I speak against allowing The Well to expand into daycare because it will mean additional traffic that will make my daily life less enjoyable. I urge you to decline The Well's request. Robert and Carol Anderson 3275 149 ST W Rosemount MN 55068