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HomeMy WebLinkAbout2001-001 Inf Sheet 6120 Xerxes Avenue North Application Filed on 12-27-00 City Council Action Should Be Taken By 2-25-01 (60 Days) Planning Commission Information Sheet Application No. 2001-001 Applicant: Kids Dominium Preschool Location: 6120 Xerxes Avenue North Request: Special Use Permit Amendment The applicant, Linda H. Thibodeaux, on behalf of the Kids Dominion Preschool, is seeking an amendment to the Special Use Permit granted to operate a child care/day care facility at the Jehovah Jireh Church of God in Christ, 6120 Xerxes Avenue North. The purpose of the amendment is to increase the number of children served from the 29 currently authorized to 42. The property in question is zoned R-1 (Single Family Residence) and is bounded on the north by Brooklyn Drive with single family homes on the opposite side of the street; on the east by city owned park and open space property; on the south by the Brookdale Christian Center Assembly of God Church; and on the west by Xerxes Avenue with single family homes on the opposite side of that street. Churches and accompanying uses such as childcare or daycare are considered special uses in the R-1 zoning district. The City Council on November 24, 1997, approved Planning Commission Application No. 97-014, which was a request to operate a child care/day care facility at the church. Condition No. 1 of that approval states “the special use permit is issued for a child care/day care facility serving up to 29 children in a preschool and after school program. Any expansion or alteration of these operations will require an amendment to this special use permit.” The proposed increase in the number of children served, thus, requires the special use permit amendment. Ms. Thibodeaux, Director of the Kids Dominion Preschool, has submitted written information regarding the expanded program and a plan showing the locations in the building where the program will operate. The increased number of children served will allow the program to accommodate seven toddlers, 20 preschoolers and 15 school aged children in an after school program. The hours of operation are between 5:30 a.m. and 6:30 p.m., Monday through Friday. The facility is licensed by the Minnesota Department of Human Services and is subject to provisions of Minnesota Statutes as well as various rules and regulations relating to such facilities. The use of the building for childcare purposes also requires an inspection by the City’s Building Official and compliance with code related items. The Building Official has recently reviewed the building and is requiring a fire alarm system be installed. The proposed special use permit amendment is subject to the standards for special use permit contained in Section 35-220 of the City’s zoning ordinance (attached). These standards require that the proposed special use promote and enhance the general public welfare and not be detrimental to, or endanger, the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish and impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district of which it is located. We find no conflict between the applicant’s expanded proposal and these standards, provided there is compliance with the Building Official’s directives regarding the property. A public hearing has been scheduled for this application and notices have been sent. RECOMMENDATION This application appears to be in order and approval is recommended subject to at least the following conditions: The amended special use permit is issued to allow a child care/day care facility serving up to 42 children in a preschool and after school program. Any expansion or alteration of this operation will require an amendment to the special use permit. The child care/day care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. The premises will be brought into compliance with applicable state and local regulations relating to fire safety, health and building code standards for this operation as determined by the Building Official and Fire Chief. The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 1-11-01 Page 1 Application Filed on 12-27-00 City Council Action Should Be Taken By 2-25-01 (60 Days) Planning Commission Information Sheet Application No. 2001-001 Applicant: Kids Dominium Preschool Location: 6120 Xerxes Avenue North Request: Special Use Permit Amendment The applicant, Linda H. Thibodeaux, on behalf of the Kids Dominion Preschool, is seeking an amendment to the Special Use Permit granted to operate a child care/day care facility at the Jehovah Jireh Church of God in Christ, 6120 Xerxes Avenue North. The purpose of the amendment is to increase the number of children served from the 29 currently authorized to 42. The property in question is zoned R-1 (Single Family Residence) and is bounded on the north by Brooklyn Drive with single family homes on the opposite side of the street; on the east by city owned park and open space property; on the south by the Brookdale Christian Center Assembly of God Church; and on the west by Xerxes Avenue with single family homes on the opposite side of that street. Churches and accompanying uses such as childcare or daycare are considered special uses in the R-1 zoning district. The City Council on November 24, 1997, approved Planning Commission Application No. 97-014, which was a request to operate a child care/day care facility at the church. Condition No. 1 of that approval states “the special use permit is issued for a child care/day care facility serving up to 29 children in a preschool and after school program. Any expansion or alteration of these operations will require an amendment to this special use permit.” The proposed increase in the number of children served, thus, requires the special use permit amendment. Ms. Thibodeaux, Director of the Kids Dominion Preschool, has submitted written information regarding the expanded program and a plan showing the locations in the building where the program will operate. The increased number of children served will allow the program to accommodate seven toddlers, 20 preschoolers and 15 school aged children in an after school program. The hours of operation are between 5:30 a.m. and 6:30 p.m., Monday through Friday. The facility is licensed by the Minnesota Department of Human Services and is subject to provisions of Minnesota Statutes as well as various rules and regulations relating to such facilities. The use of the building for childcare purposes also requires an inspection by the City’s Building Official and compliance with code related items. The Building Official has recently reviewed the building and is requiring a fire alarm system be installed. The proposed special use permit amendment is subject to the standards for special use permit contained in Section 35-220 of the City’s zoning ordinance (attached). These standards require that the proposed special use promote and enhance the general public welfare and not be detrimental to, or endanger, the health and safety of the public; not be injurious to the use and enjoyment of other property in the immediate neighborhood nor substantially diminish and impair property values; not impede the normal and orderly development of surrounding property; be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district of which it is located. We find no conflict between the applicant’s expanded proposal and these standards, provided there is compliance with the Building Official’s directives regarding the property. A public hearing has been scheduled for this application and notices have been sent. RECOMMENDATION This application appears to be in order and approval is recommended subject to at least the following conditions: The amended special use permit is issued to allow a child care/day care facility serving up to 42 children in a preschool and after school program. Any expansion or alteration of this operation will require an amendment to the special use permit. The child care/day care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. The premises will be brought into compliance with applicable state and local regulations relating to fire safety, health and building code standards for this operation as determined by the Building Official and Fire Chief. The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 1-11-01 Page 1