HomeMy WebLinkAbout6.k. Request by God's Discovery Kids Preschool for a Conditional Use Permit to Expand a Daycare Facility Within a Church
EXECUTIVE SUMMARY
City Council Meeting: September 18, 2018
AGENDA ITEM: Request by God’s Discovery Kids
Preschool for a Conditional Use Permit to
Expand a Daycare Facility Within a
Church
AGENDA SECTION:
Consent
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 6.k.
ATTACHMENTS: Resolution; Site Location; Site Aerial;
Engineer’s Memo dated August 28, 2018;
Email from Resident
APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Approve a Resolution for a Conditional Use Permit
for a preschool serving up to 142 students in the R1A-Low Density Residential zoning at
14770 Canada Avenue.
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. The use 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 has not received 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 initial request was for 88 children but because there are additional classrooms available, the
applicant is requesting a higher amount of students than currently desired. The application is for 142
students which will allow the preschool to expand without having to amend their CUP in the future.
Because of the building’s location, if the applicant chooses to expand beyond the initial 88 students, a
recommended condition of approval allows the City to require a traffic study. No changes to the site are
being proposed. Staff is recommending approval of the conditional use permit.
PLANNING COMMISSION ACTION
The Planning Commission is scheduled to hold the public hearing and vote on the application on
September 17, 2018. Because the Council is scheduled to take action on September 18, any significant
discussion or modifications to recommended conditions of approval will be shared with Council at
Tuesday’s meeting.
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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.
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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
The Planning Commission and staff recommend approval of this request based on information included in
this report and subject to the conditions contained in the attached resolution.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2018-
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT (CUP) FOR A
PRESCHOOL SERVING UP TO 142 STUDENTS IN THE R1A-LOW DENSITY
RESIDENTIAL ZONING DISTRICT AT 14770 CANADA AVENUE
WHEREAS, the City of Rosemount received an application for a Conditional Use Permit (CUP)
from God’s Discovery Kids Preschool; and
WHEREAS, on September 17, 2018, the Planning Commission of the City of Rosemount held a
public hearing to review the CUP application from God’s Discovery Kids Preschool to increase the
number of students at the preschool up to 142; and
WHEREAS, the Planning Commission adopted a motion recommending that the City Council
approve the CUP for God’s Discovery Kids Preschool; and
WHEREAS, on September 18, 2018, the City Council of the City of Rosemount reviewed the
Planning Commission’s recommendation and the CUP application for a preschool serving up to 142
students in the R1A-Low Density Residential zoning district.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the CUP for a Preschool, subject to the following conditions:
1. The applicant receives all applicable state, county and city licenses.
2. 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.
3. If traffic operations at the southern parking lot are problematic, as determined by City staff,
the City can direct GDK Preschool to use the northern parking lot as an alternate.
ADOPTED this 18th day of September, 2018, by the City Council of the City of Rosemount.
__________________________________________
William H. Droste, Mayor
ATTEST:
___________________________________
Erin Fasbender, City Clerk
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.
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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