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Shakopee Board of Adjustments and Appeals
March 8, 2018
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Board of Adjustment and Appeals |
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| | | | | | | | Subject:
Conditional Use Permit for Day Care Facility - 1615 Windermere Way |
| | | | | | | | Policy/Action Requested:
Offer a motion to approve Resolution No. PC2018-001, a resolution approving the proposed Conditional Use Permit for a Day Care Facility, subject to the conditions noted in the draft resolution, and move its adoption. |
| | | | | | | | Recommendation:
Staff recommends the Board approve the proposed Conditional Use Permit for a Day Care Facility, subject to the conditions noted in the draft resolution. |
| | | | | | | | Discussion:
Site Information
Applicant: Westwood Professional Services
Property Owner: NHA Partners – Shakopee, LLC
Location: 1615 Windermere Way
Current Zoning: Highway Business (B-1) Zone
Lot Size: 1.54 Acres
Westwood Professional Services, applicant, and NHA Partners – Shakopee, LLC, property owner have made application for a conditional use permit for a day care facility in the Highway Business (B-1) Zone. The proposed project would consist of a day care/early learning school for up to 190 children in a 13,000 sq. ft. building. The site is located at 1615 Windermere Way on a new 1.54 acre commercial lot on the east side of Windermere Way, north of 17th Avenue and west of Marystown Road. The property is zoned B-1, which lists the proposed project as a conditional use in that zone. The day care facility will comply with setback, lot coverage, and parking requirements; however, they may need to seek a variance of the required parking in the future should the gas company not allow them to encroach over the gas main easement with their parking lot. Refer to the applicant’s narrative for details on the hours of operation, proposed average occupancy, and transportation projections.
Day care facilities are listed conditional uses in the B-1 Zone [Section 151.040 (C) (19)], with specific conditions of approval, as follows [Section 151.013 (B) (10)]:
(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 applicant is also proposing a Final Plat, which will be reviewed by the City Council at their March 6th meeting. The proposed Final Plat is consistent with the approved Preliminary Plat.
Planning staff did receive comments from several reviewing agencies, and have incorporated those comments as conditions of the draft resolution. Planning staff will review the site for compliance with the City Code design and performance standard requirements at time of building permit submittal.
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 a day 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 B-1 Highway Business 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.
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