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6.5. SR 04-17-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Plannin A rill?, 2006 Item Description Request by Shepherds Inn Daycare, Inc. for Conditional Use Permit at Solid Rock Church Location Item Number 6.5 Prepared by Chris Leeseber Reviewed by Introduction Institutional uses are allowed as a Conditional Use Permit in residential zoning districts. The applicant is asking for a Conditional Use Permit to operate a daycare facility located in the basement of the Solid Rock Church. Discussion How the operation was licensed and concerns with at fenced in play area were the only discussions. The Planning Commission recommended adding a condition that required the facility/operation comply with all state and/or county regulations. The Commission unanimously recommended approval of the request. Attachments . City Council Memo Action Requested Staff and the Planning Commission are recommending the City Council approval of the request. Council Action Motion by _ Second by _ Vote Follow Up S:\PLANNING\Case Files\2006\CUP\CU 06-05 Shepherds Inn\Request Council Action.doc Item #-----!. MEMORANDUM TO: Mayor and City Council Chris Leeseberg, Planner ~ FROM: DATE: April 17, 2006 SUBJECT: Case No. CU 06-05 Request by: Shepherds Inn Daycare to Operate a Daycare Facility out of the Solid Rock Church Zoning: Adjacent Zoning: Ria Single Family Residential N - RIa E-RIa S - RIa W -RIa Conforms: Land Use Plan - Yes Zoning Code - Yes Subdivision Code - Yes Land Use: Adjacent Land Use: Public/Semi Public N - Rural Residential E - Highway Business S - Rural Residential W - Rural Residential 60 Day Rule: Action must be taken on this request by Apri126, 2006 Recommendation Staff and the Planning Commission are recommending the City Council approval of the request. Planning Department Mission: the orderly development of a livable and sustainable Elk River community. City Council / CU 06-05 April 17, 2006 Page 2 Attachments . Cover Sheet Location Map Applicants Narrative Site Plan Floor Plan . . . . Overview Institutional uses are allowed as a Conditional Use Permit in residential zoning districts. In 1994 Solid Rock Church was granted a Conditional Use Permit to operate a school accommodating grades K-12 with a maximum of 300 students. The current request is to reduce that to 150 children for the school and add up to 160 children for the daycare. Analysis No more than 280 children will be in the church at one time; 150 children for the school and 130 children in the daycare during the school season. Since there is no school during the summer season, only 160 children using the daycare would occupy the church. With the requested changes, it will result in a fewer amount of children in the church than the original CUP allowed. Staff would still recommend that the total number of children allowed be consistent with the original CUP. The hours of operation for the daycare will be Monday-Friday 6:00 am - 6:00 pm. There will be 30 employees at full capacity. There were no issues raised at the staff site plan review meeting. Parking and Circulation With the existing parking for the church, there is adequate parking for the daycare. On street parking shall not be allowed with this request. Standards for Issuance of a Conditional Use Permit (Section 30-654) The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will not endanger, h!Jure or detrimentallY ciffect the use and e'!iqyment of other propertY in the immediate viciniry or the public health, sqfery, morals, comfort, convenience or general welfare of the neighborhood or the ciry. 2. Will be consistent with the comprehensive plan. 3. Will not impede the normal and orderlY development and improvement of surrounding vacant propertY. 4. Will be seroed adequatelY b and will not adverselY ciffect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer !)Istems, parks S:\pLANNING\Case Files\2006\CUP\CU 06-05 Shepherds Inn\CU 06-05_CC.doc City Council / CU 06-05 April 17 , 2006 Page 3 and schools; and will not, in particular, create trqffic congestion or inteiference with trqffic on aqlacent and neighboring public thoroughfares. 5. Will not involve uses, activities, processes, materials, equipment and conditions if operation that will be detrimental to af!)l persons or properry because if excessive trqffic, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Will not result in the destruction, loss or damage if a natural, scenic or historic feature if mqjor importance. 7. WillfullY complY with all other requirements if this Code, including af!)l applicable requirements and standards for the issuance if a license or permit to establish and operate the proposed use in the ciry. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Planning Commission Actions How the operation was licensed and concerns with at fenced in play area were the only discussions. The Planning Commission recommended adding a condition that required the facility / operation comply with all state and/or county regulations. The Commission unanimously recommended approval of the request. Recommendation Staff and the Planning Commission recommend the City Council approve of the request with the following conditions: 1. A maximum of 300 students shall be allowed to attend the school/ daycare. 2. If more than 300 students are desired in the future, the applicant shall apply for an amendment to the Conditional Use Permit. 3. No on street parking shall be allowed for the school/daycare. 4. The facility shall meet all Building and Fire Codes. 5. The facility/operation shall comply with all state and/or county regulations. S:\PLANNING\Case Files\2006\CUP\CU 06-05 Shepherds Inn\CU 06-05_CC.doc ~lDGB BLl< ~11'B~ f- eBl''! w w 0:::: f- UJ I I . 1'~O ORTHBO ----- fT1 -1 CROSSING z :::E ~~ ~ <~ UJ ~ ~~ <f> <c q 0.. > '-';Y (J) -1 :::D FILL Location Map 1r N Case Number: CU 06-05 SHEPHERDS INN DA YCARE 0) :Skep~erdSI"" ~I CkristiaWl I>ayc.are, IWlC.. . DESCRIPTION OF PROJECT NARRATIVE At the present time I have a daycare, "The Shepherds Inn Daycare, Inc.", which is licensed through Sherburne County. The daycare is located in the basement of the Solid Rock Parsonage and I am looking to move it to the basement of the Solid Rock Church so it can house more children and become state licensed. The Church has a conditional use permit for 300 possible children for the Solid Rock Christian Academy. We are looking to change that to 150 children for the Academy, and 130 children during the school season and 160 children during the summer season for the Daycare. This would meet the requirements according to State guidelines for these 2 identities for spacmg. The hours of operation for the Daycare would be from 6:00a.m. - 6:00p.m. The Daycare would have approximately 30 employees when in full capacity. The building does meet the design standards to house a daycare and also the school combined. 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