Item Coversheet

6.A.


Shakopee Board of Adjustments and Appeals
June 6, 2019


FROM: Mark Noble, Senior Planner 
TO:Planning Commission
Subject:
PUBLIC HEARING - Conditional Use Permit Amendment for an Infant Care Facility
Policy/Action Requested:
Offer a motion to approve Resolution No. PC19-009, a resolution approving the proposed Conditional Use Permit Amendment, subject to the conditions noted in the draft resolution, and move its adoption.
Recommendation:
Staff recommends the Board approve the proposed Conditional Use Permit Amendment, subject to the conditions noted in the draft resolution.
Discussion:

A. Peter Hilger has made application for a conditional use permit amendment to allow a second child care facility on property located at the southwest corner of Bluff Avenue and Prairie Street in the B-1 Zone. The proposed project would consist of a second structure on this property; the first being an 11,000 sq. ft. day care facility, with this second structure being a 3,717 sq. ft. child care facility, exclusively for infants. This would replace the previously approved proposed 3,360 sq. f.t. retail building.

The site received approval in 2016 for a child care facility and the retail building. Since that time, the child care facility has been constructed and demand for infant child care has been high, resulting in a long waiting list. This has resulted in the property owner shifting development plans to include this proposed infant care facility. Occupancy is projected at 48 children, with 13 staff on site. There are no plans for additional playground facilities as this will be an infant only center. Day care facilities are listed conditional uses in the B-1 zone, with specific conditions of approval, as follows:
(a) Shall have drop-off and pick-up areas located outside of the public right-of-way, and designed to enhance vehicular and pedestrian safety; and
(b) Shall have outdoor play areas located and designed to mitigate visual and noise impacts on adjoining residential uses.

The proposed structure would be 20 feet from the Prairie Street property line, which was previously approved by Variance in 2016, as was the parking lot 10 feet from the Bluff Street property line.

Planning staff did receive comments from several reviewing agencies, and have incorporated those comments as conditions of the draft resolution. Planning staff has included a condition that references compliance with the City Code design and performance standard requirements should this request be approved.

Conditional Use Permit Findings:
Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity;

 

 

Finding #1: The Board has not received any evidence that the use will be injurious to the use and enjoyment of other property in the vicinity, if conducted in accordance with proposed conditions.

Criteria #2 The amendment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area;
Finding #2: The Board finds that the conditional use permit for an infant care facility will not impede the normal and orderly development and improvement of surrounding property.

Criteria #3 Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided;
Finding#3: The Board finds that adequate utilities, access, drainage and other necessary facilities have been or will be provided for the site.

Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and
Finding #4 The Board finds that this use is consistent with the purposes of the Highway Business (B-1) Zone.

Criteria #5 The use is not in conflict with the Comprehensive Plan.
Finding #5 The Board finds that the use is not in conflict with the Comprehensive Plan.

ATTACHMENTS:
Description
Resolution No. PC2019-009
Site Aerial
Overall Site Plan
Infant Care Site Plan
Exterior Elevations
Landscape Plan
Floor Plans
Engineering Memo
SPUC Memo