Adopt Resolution #19-132 Approving Conditional Use Permit to Operate a Preschool at 6013 167th Ave NW (Project No. 19-117); Case of Valerie Phillips

The site is located within the City's informal Elmcrest District (for planning and redevelopment purposes). The City has received an application from Valerie Phillips (the "Applicant") for a Conditional Use Permit to operate a preschool in a multi-tenant building located at 6013 167th Ave NW (the "Subject Property"). The proposed tenant space has been previously occupied by various child care operations, but the most recent tenant vacated the unit approximately fifteen (15) months ago.

For the June 6 Planning Commission, Staff attempted to notify all Property Owners, as indicated by Anoka County Property Records, within 350 feet of the Subject Property via standard US Mail of the Public Hearing. The Public Hearing Notice was published in the Anoka Union Herald.   

Notification is not required and has not been provided for this City Council Case. 

The Subject Property is located in the B-1 General Business District. The surrounding properties are zoned B-1 General Business or R-1 Residential (Rural Developing). The Applicant is fully aware of the fact that directly east of the Subject Property is the indoor shooting range. Day Care Centers are a Conditional Use in the B-1 General Business District. City Code does not define Day Care Centers or Preschools; however, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) categorizes prekindergarten education (preschool) as Child Day Care Services. In other words, Staff interprets preschools and day cares one in the same for purposes of our Zoning Code.

The Applicant is proposing to operate a Montessori Preschool, for children up to age six (prekindergarten age) in the eastern most unit of the multi-tenant building on the Subject Property. This unit has been utilized by multiple tenants over the years as a commercial child care center (most recently occupied by Little Me Child Care, which vacated the Subject Property approximately 15 months ago) and has access to a fenced-in outdoor play area. With the proposed preschool serving children up to age six (prekindergarten age), it seems reasonable to classify this as a Day Care Center, which again is a Conditional Use in the B-1 General Business District.

The Applicant has had a walk-through 'pre-inspection' with the Fire Marshal, Building Inspector, and Planning Staff. The purpose of the walk-through was for City Staff to understand what improvements or modifications were being proposed and to outline any other items/issues that would need to be addressed by the Applicant. Furthermore, it also provided an opportunity for the Applicant to understand what permits would be required prior to commencing with any interior work.

There does appear to be sufficient off-street parking on the Subject Property. City Code does not specifically identify parking standards for Day Care Centers or Preschools. Although, there is no history of concerns or issues related to available parking, which is relevant considering that this unit has previously been used as a day care center.

The Planning Commission conducted a Public Hearing on this request at their June 6, 2019 meeting.  There were no written or verbal comments received.

Alternatives
Alternative 1: Motion to approve a Conditional Use Permit for the operation of a preschool on the Subject Property. The unit in question has historically been used as a Day Care Center. Since the preschool is limited to children up to age six (prekindergarten age), it is essentially a continuation of past uses. In fact, had this request come forward several months earlier, it likely would have been allowed under lawful, nonconforming use regulations. Assuming all required modifications and/or improvements are completed in accordance with applicable codes, Staff supports this alternative.

Alternative 2: Motion to approve a modified version of the Conditional Use Permit for the operation of a preschool on the Subject Property. This alternative would be appropriate if the City Council identifies additional conditions and/or necessary modifications to the Conditional Use Permit.

Alternative 3: Motion to deny the requested Conditional Use Permit. Considering the past uses within this unit on the Subject Property, the proposed preschool seems reasonable. Assuming the Applicant makes any required improvements and/or modifications to ensure compliance with applicable codes, Staff would not support this alternative.

The Applicant is responsible for all costs related to this request.

The Planning Commission recommends approval of the Conditional Use Permit to operate a preschool on the Subject Property.

Motion to approve Resolution #19-132 granting a Conditional Use Permit to operate a preschool on the Subject Property.