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HomeMy WebLinkAbout2019 03-14 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER March 14, 2019 1.Call to Order:7:00 PM 2.Roll Call 3. Approval of Regular Meeting Agenda Motion to Approve Planning Commission Regular Session Meeting Agenda for March 14, 2019 4.Approval of Minutes a.Motion to Approve the February 14, 2019, Regular Session Meeting Minutes b. Motion to Approve the February 14, 2019, Work Session Meeting Minutes 5. Chairperson's Explanation The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6.Planning Items a.Planning Commission Application No. 2019-004 (Public Hearing) Applicant: Jane Sharkey (Helena Autism Therapy Center) Project Address: 5637 Brooklyn Boulevard Summary: The Applicant is requesting approval of a Special Use Permit to allow for the establishment of an autism therapy center and ancillary outdoor playground within an existing three-story building. 7.Discussion Items a.City Council Meeting Updates b.City Council Work Session for 2040 Comprehensive Plan Follow-up (March 11, 2019) c.Reminder: LISC | CDI Workshops #1 and #2 for Opportunity Site at Brookdale Library (March 20, 2019 and April 3, 2019) d. Reminder: Special Planning Commission Meeting | Public Hearing for 2040 Comprehensive Plan (March 21, 2019) 8.Other Business None. 9.Adjournment PC Minutes 02-14-19 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA FEBRUARY 14, 2019 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:00 p.m. 2. ROLL CALL Chair Randall Christensen, Commissioners Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioners Alexander Koenig and Jack MacMillan were absent and excused. City Planner and Zoning Administrator Ginny McIntosh, Community Development Director Meg Beekman, and Mary Mullen of TimeSaver Off Site Secretarial, Inc. were also present. 3. APPROVAL OF AGENDA – FEBRUARY 14, 2019 There was a motion by Commissioner Tade, seconded by Commissioner Sweeney, to approve the agenda for the February 14, 2019 meeting as presented. The motion passed unanimously. 4. APPROVAL OF MINUTES – JANUARY 17, 2019 There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve the minutes of the January 17, 2019 meeting as presented. The motion passed unanimously. 5. CHAIR’S EXPLANATION Chair Christensen explained the Planning Commission’s role as an advisory body. One of the Commission’s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 6. PLANNING APPLICATION ITEMS None. 7. DISCUSSION ITEMS 7a) CITY COUNCIL MEETING UPDATE PC Minutes 02-14-19 -2- DRAFT Ms. McIntosh provided an update on the City Council’s January 28, 2019 meeting. A replat and vacation of easements for the Topgolf property was approved unanimously, as well as a request for a PUD amendment that addressed parking issues and additional showroom and outdoor storage space. The application from Jane Sharkey for an autism center was withdrawn after it was recommended for approval to the City Council by the Planning Commission. Ms. Sharkey ran into complications related to government funding as well as maintenance issues identified for the building located at 2800 Freeway Boulevard, however another location within Brooklyn Center is now being considered. The property is located at 5637 Brooklyn Boulevard, and a new application will be reviewed at the Planning Commission’s March 2019 meeting. Ms. Beekman noted that the City Council approved the use of federal Community Development Block Grant (CDBG) funding, which is distributed through Hennepin County, to support household maintenance and renovation projects for low-income residents. The CDBG funds will be used to reimburse the General Fund for code enforcement activities and to fund the Housing Rehab Program, which has 23 residents on a waitlist. CDBG program funding will also be used to fund the City’s new home buyer assistance program, details of which have not yet been finalized. The City Council is reviewing the 2020 budget to find an alternative funding source for Code enforcement activities, as CDBG funds are narrowly defined in terms of what they can be used for. A new beekeeping Ordinance was adopted, which includes a registration process for residents who want to keep bees on their property. This process will be rolled out by the City Clerk’s office within the next 40 days. Residents who want to register will be required to take a certification class and have an equipment inspection. The City Council received an update on the Brooklynk Program from Program Director Luis Saldo-Herrera. The Brooklynk Program, a joint partnership with Brooklyn Park, provides networking and job training opportunities for local youth, and pairs them with local businesses for paid summer internships. The Brooklynk Program has active alumni participation, and a scholarship program through North Hennepin Technical College is in its fourth year. City Staff provided a review of the Summer 2018 First Saturday Pop-up Market series. Possible changes for Summer 2019 were discussed, including the need to relocate due to potential development at the Jerry’s Food site, and moving the date to the 2nd Saturday of each month, as the first weekends tend to be holiday weekends. The marketing plan is being reviewed by City Staff, to include collaboration with community partners. The City Council expressed their support of continuing the market series. PC Minutes 02-14-19 -3- DRAFT A project concept review was presented by City Staff on behalf of Real Estate Equities Development LLC for the former Jerry’s Food Site, located at 5801 Xerxes Avenue North. The proposed residential development would combine affordable senior living and workforce housing in two separate buildings on the property. This project would require Tax Increment Financing (TIF), for which a request would be made by the developer. The City Council expressed support for the project and approved the use of conduit debt financing. A formal application from Real Estate Equities is expected within the next few weeks. A rezoning of the property would be required, as well as an overlay district amendment. The City Council terminated a preliminary agreement with Thor Living related to development on three EDA-owned properties off Brooklyn Boulevard, and approved a Resolution transferring the agreement to Coalition Development, which comprises of the same individuals who worked for Thor Living (now disbanded). There were no changes to the preliminary agreement. The City Council reviewed potential development concepts at two EDA-owned properties: 6500 Camden Avenue North and 1601 James Circle North. Both properties are in the Opportunity Zone. The City Council directed City Staff to hire a broker for the Camden Avenue North property to seek a potential restaurant or brewpub use due to its proximity to Topgolf. The property at 1601 James has a few interested parties, including a tech incubator, in which the City Council expressed interest. Commissioner Sweeney asked whether the Casey’s project is still in planning stages. Ms. McIntosh stated the project is still planned, but groundbreaking has been pushed out to Spring 2019. Ms. Beekman stated the Special Use Permit for the proposed event center located off James Circle North will expire at the end of March 2019. The deadline for an extension of the existing permit has passed, but the property owner can apply for a new permit. A recent water main break within the structure has resulted in damage to the building. The City Council voted to submit a letter of intent to purchase property in Shingle Creek Crossing to build a new liquor store and relocate Municipal Liquor Store #1. Ms. Beekman stated she toured the new Ironwood residential development in New Hope with City Staff and Mayor Mike Elliott. She added a visit can be arranged for those Planning Commissioners who were unable to attend the last tour. Ms. Beekman stated Alatus LLC has partnered with Local Initiatives Support Corporation (LISC), a non-profit community development organization, to provide a series of four design initiative workshops in Brooklyn Center related to redevelopment on the Opportunity Site. The first workshop is scheduled for Wednesday March 20, 2019, from 6:30-8:30 p.m. at Brookdale Library. She encouraged the Planning Commissioners to attend each workshop. PC Minutes 02-14-19 -4- DRAFT Commissioner Sweeney asked how information on the workshops will be made available to the community. Ms. Beekman stated flyers are being prepared, and the information will be posted on the City website and social media sites. Invitations will be sent to community groups and residential communities, and a notice will be posted in the Sun Post newspaper. Ms. McIntosh stated the City’s Community Engagement Coordinators will be involved in this effort. She invited the Planning Commission to invite anyone who is interested in the workshops. Chair Christensen stated the City of Brooklyn Center is concerned with increasing accessibility for its residents. He expressed concern that the Park & Ride facility near Topgolf will be affected by potential development on that site. Ms. Beekman agreed that potential development will have an impact on the transit facility, which will be also be affected by reconstruction of Highway 252. Commissioner Sweeney requested an update on the problematic Metro Transit bus hub. Ms. Beekman stated City Staff met with Metro Transit earlier that day. Staffing levels have been increased and a new Police Chief was hired, with 16 new Police Officers dedicated to the “C” Line. Plans are underway for a new substation. 8. OTHER BUSINESS None. 9. ADJOURNMENT There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 7:35 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Randall Christensen, Chair PC Work Session Minutes 02-14-19 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA FEBRUARY 14, 2019 1. CALL TO ORDER The Planning Commission Work Session was called to order by Chair Christensen at 7:36 p.m. 2. ROLL CALL Chair Randall Christensen, Commissioners Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioners Alexander Koenig and Jack MacMillan were absent and excused. City Planner and Zoning Administrator Ginny McIntosh, Community Development Director Meg Beekman, and Mary Mullen of TimeSaver Off Site Secretarial, Inc. were also present. 3. COMPREHENSIVE PLAN REVIEW – JENNIFER HASKAMP City Planner and Zoning Administrator Ginny McIntosh introduced Jennifer Haskamp of Swanson Haskamp Consulting (SHC). She invited Ms. Haskamp to address the Planning Commission. Ms. Haskamp presented the new updated draft of the City’s Comprehensive Plan. She added an adjacent jurisdictional review was commenced in October 2018. A preliminary review letter has been received from the Metropolitan Council, and all chapters have been updated to reflect their comments thus far. The most significant feedback was related to Housing, Housing Affordability Policies, and Commitments. Ms. Haskamp stated the Plan is complete with the exception of the Implementation section. City Staff is working with a consultant to determine the implementation schedule and key dates to be inserted into the Comprehensive Plan. The Metropolitan Council has requested a copy of the City’s current zoning map and zoning descriptions. Ms. Haskamp stated a letter was received from the Minnesota Department of Transportation (MnDOT) regarding the Transportation chapter. She added that is probably the most changed from the last time the Comprehensive Plan was reviewed by the Planning Commission. Ms. Haskamp stated comments were received from a few residents, as well as feedback from the Director of African Career, Education & Resource (ACER) in Brooklyn Park. Ms. Haskamp stated City Staff and consultants are currently involved in the adoption and implementation phase, seeking Planning Commission recommendation and City Council review PC Work Session Minutes 02-14-19 -2- DRAFT and authorization for the adjacent 6-month jurisdictional review, which closes in April 2019; as well as subsequent public hearing and Plan adoption. Ms. Haskamp stated comments have not been received from Hennepin County to date. Chair Christensen stated Chapter 1 still refers to Walmart. Ms. Haskamp agreed to ensure that is removed. Ms. Haskamp stated additional analysis is being requested for updates to Chapter 3 - Land Use and Development, which includes historic sites and aggregate resources. Ms. Haskamp stated the Metropolitan Council is requesting that tables related to affordable housing units be added to Chapter 4 – Housing. The tables were previously included in the background report. Chair Christensen stated he understands there is increased density and the need for affordable housing, which is tied to Area Median Income (AMI). He added market rate housing developments should be included in the mix. He asked why the AMI has not changed, and whether that can be changed to aim for something higher. Ms. Beekman stated AMI percentages, which are regional-based, only pertain to the 238 affordable housing units that are being required by 2040. She added that does not mean the AMI must be used for 100% of all new housing developments. She noted the AMI is not specific to Brooklyn Center, and the Metropolitan Council’s goal is stable, affordable housing. Ms. Haskamp stated the Metropolitan Council’s focus is not only development of 238 affordable units, but also protection of naturally occurring affordable housing. She added the City is required to demonstrate through density that there is land available to address affordable housing allocations, at the density prescribed for by 2030. Ms. Beekman stated a 10-page memo was received earlier that day from the Director of ACER, regarding the Housing chapter. She added staff had not had an opportunity to fully digest the comments, but that in general, they suggested that ACER wants the Housing chapter to function more as an action plan that identifies specific policies and funding sources, and less as a list of potential tools and resources. She noted, as it is currently written, the Housing Chapter, identifies policies and implementation strategies that are possible, but generally would require more study before determining which ones or how to implement them. Ms. Beekman stated ACER has been active advocates for affordable housing and have partnered with other cities on implementing affordable housing strategies. She added the Comprehensive Plan process is one way ACER can express their dissatisfaction with regional housing policy, and that it is likely that their comments will be included in several community’s comprehensive plan reviews as a way to address these types of issues. PC Work Session Minutes 02-14-19 -3- DRAFT Ms. Beekman stated City Staff toured the Ironwood development that afternoon. She added the last market rate residential project to be developed in Brooklyn Center was completed in 1971. She stressed the importance in the Opportunity Site of leveraging investment and new residents to provide benefit to local businesses, entrepreneurs and existing residents, to ensure that the benefit is shared throughout the community. Chair Christensen stated he would like to see potential development in Brooklyn Center of market-rate apartments with amenities, and high-end restaurants. He added current residents who want to stay in the community should have that opportunity too. Ms. Haskamp stated many chapters of the Comprehensive Plan address inclusion of a diverse economic portfolio of housing. Chair Christensen thanked Ms. Haskamp and City Staff for their hard work and dedication to this process. Ms. Haskamp stated the full chapter on Transportation, Chapter 7, is now available. Chapter 7 reviews current transit systems and potential changes. The Transportation chapter also incorporates 2040 traffic model projections, and the Metropolitan Council’s Regional Bike Transportation Network (RBTN) plan. Ms. Haskamp stated Chapter 8 - Infrastructure - includes an update of the sanitary sewer plan, developed in consultation with engineering and sanitary consulting firms. This chapter references potential uses for solar energy. Ms. Haskamp stated an update is currently in progress of Chapter 9 – Implementation. Ms. Haskamp stated the Metropolitan Council has requested a map of utility lines, which has been requested from Xcel Energy, but it has not been provided yet. She added that would be included under Appendix A – Mississippi River Corridor (MRCCA) districts. Ms. Haskamp reviewed the Comprehensive Plan next steps, including the 6-month adjacent jurisdictional review which will close at the end of March 2019. A City Council workshop will be held March 11, 2019 at 5:00 p.m. prior to the City Council meeting, and Planning Commissioners are welcome to attend. She added this could be a joint meeting with the City Council, although it is a public meeting, and anyone can attend. Chair Christensen stated the Planning Commission is not listed on the “Acknowledgements” page. Ms. McIntosh stated the Planning Commission should be listed, as well as former involved parties, including former Mayor Willson. Ms. Beekman stated a special Planning Commission meeting, including public hearing, is planned for Thursday, March 21, 2019 at 7:00 p.m. Final adoption and submittal of the PC Work Session Minutes 02-14-19 -4- DRAFT Comprehensive Plan will be made to the Metropolitan Council after the close of the jurisdictional review. Ms. Haskamp encouraged the Commission to submit photos they would like to be considered for inclusion in the Comprehensive Plan. 4. ADJOURNMENT Chair Christensen adjourned the Work Session at 9:00 p.m. _______________________________ _______________________________ Ginny McIntosh, Secretary Randall Christensen, Chair ________________ App. No. 2019-004 PC 03/14/2019 Page 1 Planning Commission Report Meeting Date: March 14, 2019 Application No. 2019-004 Applicant: Jane Sharkey (Helena Autism Therapy Center, Inc.) Location: 5637 Brooklyn Boulevard Request: Special Use Permit for Autism Center and Outdoor Playground INTRODUCTION Jane Sharkey of Helena Autism Therapy Center, Inc, (“the Applicant”) is requesting review and consideration of an application that would allow for the issuance of a Special Use Permit to operate an autism therapy center and ancillary outdoor playground at the property located at 5637 Brooklyn Boulevard (“the Subject Property”). The Subject Property consists of a three-story, multi-tenant building that was constructed in 1980 on approximately 1.06 acres. The Subject Property originally received site and building plan approval in 1979 under Planning Commission Application No. 79020 for construction of an approximately 14,850-square foot, three story office building, with its intended primary use as a law office. Approval of the site and building plan also included approvals for a landscape plan, installation of an underground irrigation system, and automatic fire extinguishing system. Map 1. Subject Property Location (5637 Brooklyn Boulevard). • Application Filed: 02/12/2019 • Review Period (60-day) Deadline: 04/13/2019 • Extension Declared: N/A • Extended Review Period Deadline: N/A ________________ App. No. 2019-004 PC 03/14/2019 Page 2 Image 1. Exterior Images of Subject Property (5637 Brooklyn Boulevard). Photo Source: Joseph Hartmann (City of Brooklyn Center). COMPREHENSIVE PLAN AND ZONING STANDARDS 2030 Land Use Plan: OS– Office/Service Business Neighborhood: Northport Current Zoning: C1 (Service/Office) District Surrounding Zoning: North: R1 (Single Family Residence) District East: Brooklyn Boulevard and C2 (Commerce) District ________________ App. No. 2019-004 PC 03/14/2019 Page 3 South: C1 (Service/Office) District West: Northport Park and R1 (Single Family Residence) District Site Area: Approximately 1.06 Acres SPECIAL USE PERMIT REVIEW Background on Autism Therapy Center The Applicant has leased a space in Fridley since 2012 for the Helena Autism Therapy Center, but has been unable to obtain permission to construct an outdoor playground. As many of her clients are young children, it was felt that outdoor play should be provided in order “to address large motor deficiencies and enjoy fresh air and a fun setting.” The Applicant initially met with City staff to discuss their intent to purchase the property located at 2800 Freeway Boulevard and plans to construct an outdoor playground immediately adjacent to the building. However, the Applicant’s application for 2800 Freeway Boulevard (filed under Planning Commission Application No. 2019-002) was withdrawn prior to appearing before City Council. A new application has since been filed under Planning Commission Application No. 2019- 004 for the Helena Autism Therapy Center to relocate to the property located at 5637 Brooklyn Boulevard (Subject Property). Given discussions with the Applicant, the request for an outdoor playground, and the intended focus of the autism therapy center on serving clients primarily two (2) to seven (7) years in age, it was determined that the use classification would be similar in nature to that of a “group daycare facility,” which is allowed by Special Use only in the C1 (Service/Office) District. Requests for issuance of a Special Use Permit require that a public hearing be scheduled. An Affidavit of Publication was received, confirming publication of a public hearing notice in the Brooklyn Center Sun Post on February 28th, 2019 (Exhibit A). Mail notices were also sent out to property owners in accordance with Section 35-220 (Special Use Permits) of the Brooklyn Center Zoning Ordinance. The Applicant has provided supplemental information on the certification of the autism therapy center through the Minnesota Department of Human Services (DHS) as well as the Center’s mission and operations, attached hereto as Exhibit B. Helena Autism Therapy Center provides therapy services to children aged approximately two (2) to seven (7) years in age who have a medical diagnosis of Autism Spectrum Disorder (ASD) or other diagnoses. Services are also provided to family members of children on the Autism Spectrum Disorder, which would occur either at the Center or within their homes. Children receiving services from the Helena Autism Therapy Center typically spend 20 hours per week at the clinic where group treatment modalities, including art and music classes, are provided to model typical academic settings. The Center also provides speech and occupational therapy. Helena Autism Therapy Center possesses CTSS (Children’s Therapeutic Services and Supports) certification, which requires adherence to certain Minnesota State Statute guidelines, including those relating to state and local coordination, day treatment services, and emotional disturbance. The Minnesota Department of Human Services (DHS) notes that CTSS are a “flexible package of rehabilitative mental health services to meet the needs of each individual child” and “provide varying degrees of care for children and youth who require more than psychotherapy alone to return lost capabilities and restore them to normal development.” CTSS is intended to “help children and families develop skills in areas such as anger, aggression, ________________ App. No. 2019-004 PC 03/14/2019 Page 4 following directions and rules, relating to peers, anxiety, depression, family conflicts, and offer a spectrum of services, including: individual, family, and group psychotherapy and skills training, children’s day treatment, crisis assistance, behavioral health management, and mental health behavioral aides.” The Center would employ approximately 32 on-site employees. An additional 10 staff and a manager are employed under a DBA (“Doing Business As”) called, “Helena Family Support.” While the manager would maintain an office at the Subject Property, the other 10 staff would provide services off-site with the exception of regular once per week meetings and other scheduled meetings as needed at the Subject Property. The Center typically hosts 20 children during the morning program, and another 20 children during the afternoon program, with proposed operating hours of 7:45 a.m. to 5:30 p.m., Monday through Friday. Children are either dropped off by their parents or guardians, or transported by Medical Assistance carriers. No transportation vehicles would be stored on site of the Subject Property. The C1 (Service/Office) District does not specifically outline “autism center” type uses as a permitted or Special Use, although “medical, dental, osteopathic, chiropractic, and optometric offices” are a permitted use under this zoning district designation. In consideration of the day-to-day operations, age of clientele, and request for construction of an outdoor playground, City staff determined that the “group day care facilities” use, allowable only through issuance of a Special Use Permit, would be the closest type use designation and requested that the Applicant submit an application for consideration by the Planning Commission and City Council. Outdoor Playground Request The Applicant has indicated that the primary reason in relocating from Fridley to Brooklyn Center would be to offer an outdoor playground for their young clients to utilize. The Applicant identified an area just outside a side door on the west side of the Subject Property, facing Northport Drive. The approximate dimensions of the playground, as proposed, would be approximately 28 feet wide and 60 feet in length. The playground would be fully enclosed with a cedar fence. The western edge of the proposed playground area would be located approximately 71 feet to the edge of curb along Northport Drive, and approximately 45 feet from the northern property line, which contains single family residential. The Applicant intends to incorporate equipment per the Minnesota Department of Human Services (DHS) recommendations and as indicated in treatment plans from Primary Care Physicians, physical therapists, and mental health providers. Image 2. Proposed Playground Area (5637 Brooklyn Boulevard). ________________ App. No. 2019-004 PC 03/14/2019 Page 5 Image 3. Site Plan Layout of Subject Property with Proposed Outdoor Playground (5637 Brooklyn Boulevard). In most cases, group daycare or child care centers are required to provide an outdoor play area for children. In the C1 District, outdoor recreational facilities (e.g., playgrounds) are regulated by certain special requirement standards under the City’s Zoning Code. Per Section 35-411 (Special Requirements in C1 and C1A Districts), “In the case of group day care facilities, outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than four feet in height; or a Council approved substitute; shall be located contiguous to the day care facility, shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35-400; Footnote 10; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than two sides by parking and driving areas.” Based on the information provided by the Applicant, the Applicant intends to install an eight (8) foot high cedar fence around the perimeter of the outdoor playground, not only as a safety mechanism, but to buffer noise that may come from the surrounding streets. Per conversations held with the Planning Commission at their review of the Applicant’s initial application for the autism therapy center under Planning Commission Application No. 2019-002 for a different location (2800 Freeway Boulevard), the Planning Commission stressed the importance of utilizing a double-sided fence in order to ensure the “nice side” faces out towards the neighboring properties and street. This conversation initiated as the Applicant had intended to face the fencing inward to prevent her young clients from trying to scale the fence while in the playground area. The playground area would be located just outside an egress door and feature an exit through the fence. As the proposed playground and fence would result in the loss of eight (8) parking spaces, Assistant City Engineer Andrew Hogg noted that the Applicant would need to provide sufficient spacing between the playground, parking lot curb, and drive aisle. Per his memorandum dated March 7, 2019 (Exhibit C), the proposed playground fencing shall be located a minimum of four (4) feet from parking lot curbing and ________________ App. No. 2019-004 PC 03/14/2019 Page 6 provide sufficient spacing to allow for adequate movements within the drive aisle. Additionally, all perimeters of driving and parking areas are to be bounded by cast-in-place concrete curb and gutter which conforms to Minnesota Highway Type “B6-12.” Based on a review of the submitted site plan (Exhibit B), sufficient spacing should be allowed for given the proposed configuration of the playground area. The Applicant will also want to ensure the Subject Property remains in compliance with the original site and building plan approvals, as noted under PC Application No. 79020. For instance, as a landscape plan was approved, the Applicant would need to verify by inventory that the existing landscaping is still in compliance. If trees or shrubs are to be removed to make way for the proposed playground or other improvements, the Applicant will need to propose replacement landscaping to make up for the deficiency that is in compliance with the originally approved landscape plan and the City’s Landscape Point System Policy standards (e.g., caliper sizing). Existing Tenants and Site Needs The Subject Property is currently home to existing tenants; however, it is to City staff’s understanding that should the Applicant receive issuance of a Special Use Permit and move into the building, Helena Therapy Autism Center would be the sole occupant. Assuming approximately 14,850-square feet of the building is utilized for “office use,” Section 35-704 (Minimum Parking Spaces Required) would require a minimum of 74 parking spaces to serve this use during the week. Per the Planning Commission meeting minutes on file for Planning Commission Application No. 79020, which approved the original site and building plans for the Subject Property, the Applicant noted at that time that they only required 59 parking spaces but proposed the construction of 60 off-street parking spaces with Proof of Parking for 14 additional spaces, if needed. The construction plans approved for the Subject Property in 1979 indicated a total of 60 off-street parking spaces. The Applicant indicated with their submitted site plan that 68 off-street parking spaces are currently available on site (refer to Exhibit B). Assuming eight (8) parking spaces are lost to accommodate the playground, the Applicant would be providing the minimum 60 spaces necessary for the use proposed. Upon a visit to the site, City staff noted that the existing trash dumpster is not currently enclosed. As part of any approval, and per City Code, the Applicant will be required to fully enclose the dumpster and relocate it out of the parking lot, where it is currently located. The Applicant has stated that they are currently obtaining quotes to enclose the dumpster. The Applicant will also need to address non-conforming ADA parking and re-stripe their parking lot to address any faded striping and ensure the appropriate number and widths for ADA parking and loading spaces are provided. Building Official Review Building Official Dan Grinsteinner provided comments regarding the occupancy classification, floor locations of occupants depending on the presence of an automatic fire sprinkler and/or fire alarm system, and the minimum egress requirements given the types of uses within the building. In addition, accessible ADA parking is to be located the shortest accessible route of travel from adjacent parking to an accessible building entrance. As there is no elevator or lift in existence at this location, ADA parking is required outside the lower (1st) and main (2nd) levels of the building. Please refer to his attached comments for more information (Exhibit D). ________________ App. No. 2019-004 PC 03/14/2019 Page 7 Special Use Permit Request The Applicant is requesting approval of a Special Use Permit to allow for the establishment of an autism therapy center and construction of an outdoor playground in an existing three-story building located at 5637 Brooklyn Boulevard. According to Section 35-220 (Special Use Permits) of the City’s Zoning Ordinance, “Special uses are those which may be required for the public welfare in a given district but which are, in some respects, incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use by this ordinance, a special use permit must be granted by the City Council.” As “group day care facilities” have been identified as the most closely related use, Section 35-320 (C1 Service/Office District), Subsection 3 (Special Uses), notes that: b. Group day care facilities provided that such developments, in each specific case, are demonstrated to be: 1) Compatible with existing adjacent land uses as well as with those uses permitted in the C1 district generally. 2) Complementary to existing adjacent land uses as well as those uses permitted in the C1 district generally. 3) Of comparable intensity to permitted C1 district land uses with respect to activity levels. 4) Planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon those facilities, the immediate neighborhood, or the community. 5) Traffic generated by other uses on the site will not pose a danger to children served by the daycare use. And further provided that the special requirements set forth in Section 35-411 (Special Requirements in C1 and C1A Districts) are adhered to. As indicated in the language above, the “group daycare facilities” use is typically geared towards the more traditionally seen child daycare model. However, as an example, Planning Commission Application No. 2018-019, which granted a Special Use Permit to an adult daycare facility, was reviewed at the end of 2018 utilizing the “group daycare facilities” determination as a guideline. Per the Standards of Special Use Permits, a Special Use Permit may be granted by the City Council after demonstration by evidence that all of the following are met: 1. The establishment, maintenance, or operation of the special use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. The Applicant has noted that it is not their intent to endanger the public health, safety, morals, or comfort of their clients, existing tenants, or the general public. As the autism therapy center currently possesses CTSS certification through the Minnesota Department of Human Services (DHS), the Applicant would need to provide updated documentation noting the relocation or potential re-certification of the autism therapy center at the Subject Property and ensure all outstanding comments identified by City staff, including the City Building Official, Fire Inspector, and Assistant City Engineer, are addressed. ________________ App. No. 2019-004 PC 03/14/2019 Page 8 The Applicant did sit down to meet with City staff prior to submitting their initial application to the City (Planning Commission Application No. 2019-002) and prior to submitting their most recent application for the Subject Property located at 5637 Brooklyn Boulevard (Planning Commission Application No. 2019-004). Regarding the proposed outdoor playground, the Applicant intends to install an eight (8) foot high cedar fence to not only address safety concerns, but to buffer out any noise, dust, or fumes from the adjacent streets. An egress from within the playground area would be provided that would not only provide a continued path of egress from within the building, but also ensure young clients remain within the playground area. Considering the separation requirements between the playground fence and parking lot curbing, the Applicant will want to work with City staff to ensure sufficient safety measures are in place (e.g., overall separation, installation of barricades or bumpers). 2. The special 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 neighborhood. The special use is not intended to be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair the property values within the neighborhood. The building is currently occupied by some tenants, however, it is to City staff’s understanding that should the Special Use Permit be approved and Helena Therapy Autism Center relocate onto the Subject Property, they would be the sole occupant. Other than the installation of a playground area on the west side of the Subject Property and corrections to parking and landscaping, etc. the Applicant has no plans to substantially alter the existing building’s exterior. The intent is to operate the autism therapy center during normal, weekday business hours. The Applicant has also indicated that they would construct a new enclosure for the trash dumpster currently located on-site. The Subject Property is bordered to the south by a multi-tenant office building located at 5615 Brooklyn Boulevard and Greater Minneapolis Girl Scouts Council (5601 Brooklyn Blvd), to the west by Northport Park (5600 France Avenue North), to the north by single family residential homes, and to the east by Brooklyn Boulevard with adjacent commercial retail. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The establishment of the special use should not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district as the surrounding land is currently either fully developed or utilized as parkland. As the existing Helena Therapy Autism Center currently occupies a similarly sized space in Fridley, the Subject Property building would be fully occupied. ________________ App. No. 2019-004 PC 03/14/2019 Page 9 4. Adequate measurements have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. The Applicant met with City staff on a few occasions to discuss her proposal and identify potential issues as outlined by the Assistant City Engineer, City Planner, and Building Official. The Applicant is aware of the potential ingress and egress needs for the proposed autism therapy center, including the assurance that sufficient ADA parking is provided and adequate spacing is allotted for in the lower parking area closest to the proposed playground. There are no plans to create additional ingress or egress access points as part of the proposal. The Applicant will need to ultimately work with City staff to ensure all ingress, egress, and parking concerns are addressed as to minimize traffic congestion in the public streets. 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Per the submitted plans, the Applicant has no plans to alter the exterior of the building in such a way to render the building or site non-conforming. The only anticipated alterations include the incorporation of an outdoor playground with fencing, buffering of the playground area from the parking area, any required re-striping, the construction of a new trash enclosure, and any required landscaping to address deficiencies with the originally approved landscape plan. Based on staff findings, staff recommends the Planning Commission recommend City Council approval of the requested Special Use Permit for an autism therapy center with ancillary outdoor playground for the property located at 5637 Brooklyn Boulevard (Subject Property); subject to the Applicant complying with the comments outlined in the Approval Conditions noted below. APPROVAL CONDITIONS: Staff recommends the following conditions be attached to any positive recommendation on the approval of Application No. 2019-004 for 5637 Brooklyn Boulevard (Subject Property): 1. Building and Site Plan Review: a. Any major changes or modifications made to the Subject Property can only be made either through the City’s Building Permit process or through formal Site and Building Plan review by the City. b. The installation of the as-proposed eight (8) foot cedar fence and any alterations to the parking lot will require issuance of a City building permit and/or zoning approval. i. The proposed fence shall be double sided as per conditions outlined by the Planning Commission in their initial review of the originally submitted Planning Commission Application No. 2019-002 and previously approved Planning Commission Resolution No. 2019-002. 2. Agreements: a. The Applicant shall adhere to the maximum occupancies outlined by City staff and in accordance with any licensing or certification requirements (e.g., DHS) for the autism therapy center. b. Issuance of a Special Use Permit for the autism therapy center and ancillary outdoor ________________ App. No. 2019-004 PC 03/14/2019 Page 10 playground is conditioned upon the Applicant obtaining any necessary certification or re-certification from the Minnesota Department of Human Services (DHS) or other licensing authorities for the use or services provided. This information shall be provided to the City Planner for confirmation. c. The Special Use Permit for the autism therapy center and ancillary outdoor playground is subject to all applicable building codes, ordinances and regulations. Any violation thereof may be grounds for revocation. d. The Applicant shall comply with the review comments identified in Building Official Dan Grinsteinner’s memorandum dated March 7, 2019 (Exhibit D). The Applicant shall provide plans for any remodeling and submit building permit applications for any work to be conducted in the space. e. The Applicant shall comply with all comments outlined in the memorandum prepared by Assistant City Engineer Andrew Hogg on March 7, 2019 (Exhibit C). f. Children being dropped off or utilizing the autism therapy center/outdoor playground shall always be escorted by a parent or designated adults/guardians when entering or exiting the building or outdoor playground. Children are not to be left unattended in the outdoor playground area. 3. Facilities and Equipment: a. The Subject Property parking lot is to be re-striped to meet City Code and site plan approval requirements, and provide sufficient ADA parking in proximity to main entrances. Plans are to be submitted detailing the re-striping and alterations to accommodate the proposed outdoor playground. b. The Applicant shall conduct an inventory of existing landscaping to determine whether the existing landscaping is in conformance with the approved landscape plan under Planning Commission No. 79020 and as outlined in the construction set dated July 27, 1979. Should any deficiencies or removals be identified, the Applicant shall propose like replacements. All new landscaping is to meet the minimum standards noted under the City’s Landscape Point System Policy (e.g., caliper sizing). c. The Applicant shall obtain approval from the Hennepin County Health Department for any proposed kitchen facilities. d. The Applicant/Property Owner shall ensure the fire sprinkler system is maintained and monitored. e. No outdoor music or loud speakers will be allowed in and around the outdoor playground area; the playground shall be monitored by the required number of adult leaders per any certification or licensure requirements; and the playground must be well maintained and secured during off hours of operations. f. The Applicant must ensure that the playground area drains properly or provide measures or drainage devices that ensure positive drainage. g. Any playground curbing materials, play structures, fencing and/or concrete curb barricades damaged or destroyed due to accidents or natural events shall be replaced immediately. RECOMMENDATION Based on the above-noted findings, Planning Staff recommends the Planning Commission recommends City Council approval of Planning Commission Application No. 2019-004, Special Use Permit for an autism therapy center with ancillary outdoor playground for the Subject Property located at 5637 Brooklyn Boulevard, subject to the Applicant complying with the Approval Conditions. ________________ App. No. 2019-004 PC 03/14/2019 Page 11 Should the Planning Commission accept this recommendation, the Commission may elect to adopt the resolution to be provided at the Planning Commission meeting on March 14th, 2019, which memorializes the findings in issuing a Special Use Permit approval, subject to the Applicant complying with the above- mentioned conditions of approval. Attachments Exhibit A- Affidavit of Publication for Notice of Hearing (5637 Brooklyn Boulevard), published February 28, 2019, in Brooklyn Center Sun Post. Exhibit B- Application, Memo, and Exhibits for Special Use Permit Request, prepared by Jane Sharkey (Helena Autism Therapy Center, Inc.), and dated February 11, 2019. Exhibit C- Memorandum, prepared by Assistant City Engineer Andrew Hogg, and dated March 7, 2019. Exhibit D- Memorandum, prepared by Building Official Dan Grinsteinner, and dated March 7, 2019. Exhibit A E x h i b i t B 1 February 11, 2019 Ms. Ginny McIntosh City Planner / Zoning Administrator 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Ginny, This letter is an application for approval of an outdoor playground at the following address: 5637 Brooklyn Ave, Brooklyn Center, MN 1. History of Helena Autism Therapy Center; DBA Helena Family Support: Website: www.hfsatc.com I am a licensed Marriage and Family therapist who established Helena Family Support, Inc. in 2002, an agency providing mental health services to troubled youth and families in the metro area at home, at school or in the community. In 2012 I expanded our services to include, specifically, children diagnosed with Autism. With the experience of providing in-home services to assist families, whose children were struggling with mental illness, with more intense support to families affected by Autism, I established an in- clinic service in Fridley. Helena Autism Therapy Center’s trademark is “The Missing Piece to the Puzzle” due to the fact that the services offered are detailed individual services for each child. I have leased a 14,000 square facility since 2012 in Fridley and have not been able to obtain permission from the neighbors to install an outdoor playground. At Helena Autism Therapy Center, we believe that in order to provide the most complete services, the children should have the option of outdoor play to address large motor deficiencies and enjoy fresh air and a fun setting. I have chosen to purchase the Brooklyn Blvd property so an outside playground could be added to our services and enhance each’s child’s experience and success with their individual and family treatment plan goals. 2 2. Certification with MN Department of Minnesota: Helena Autism Therapy Center has a CTSS (Children’s Support and Services) certification effective through September 30, 2021. If requested, I can provide the Certification Documentation provided MN DHS. The MN Statute guidelines for CTSS are: Section 245.4873; Subdivision 1.State and local coordination. Coordination of the development and delivery of mental health services for children shall occur on the state and local levels to assure the availability of services to meet the mental health needs of children in a cost-effective manner. Subd. 10.Day treatment services. "Day treatment," "day treatment services," or "day treatment program" means a structured program of treatment and care provided to a child in: (1) an outpatient hospital accredited by the Joint Commission on Accreditation of Health Organizations and licensed under sections 144.50 to 144.55; (2) a community mental health center under section 245.62; (3) an entity that is under contract with the county board to operate a program that meets the requirements of section 245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475; or (4) an entity that operates a program that meets the requirements of section 245.4884, subdivision 2, and Minnesota Rules, parts 9505.0170 to 9505.0475, that is under contract with an entity that is under contract with a county board. Day treatment consists of group psychotherapy and other intensive therapeutic services that are provided for a minimum two-hour time block by a multidisciplinary staff under the clinical supervision of a mental health professional. Day treatment may include education and consultation provided to families and other individuals as an extension of the treatment process. The services are aimed at stabilizing the child's mental health status, and developing and improving the child's daily independent living and socialization skills. Day treatment services are distinguished from day care by their structured therapeutic program of psychotherapy services. Day treatment services are not a part of inpatient hospital or residential treatment services. Subd. 15.Emotional disturbance. "Emotional disturbance" means an organic disorder of the brain or a clinically significant disorder of thought, mood, perception, orientation, memory, or behavior that: (1) is detailed in a diagnostic codes list published by the commissioner; and 3 (2) seriously limits a child's capacity to function in primary aspects of daily living such as personal relations, living arrangements, work, school, and recreation. "Emotional disturbance" is a generic term and is intended to reflect all categories of disorder described in the clinical code list published by the commissioner as "usually first evident in childhood or adolescence." Please review the highlighted area as that area best describes Helena Autism Therapy Center services according to DHS. We are contracted with most major insurance companies namely BCBS, UHC, Health Partners, Hennepin Health, among others. These companies contract services (how the contract terminology for the type of service provided) is written in a variety of ways. For example, the contract names our services as Day Treatment, or in-clinic mental health services, or Children’s Mental Health and Developmental disability. 3. Mission Statement of Helena Autism Therapy Center Helena Autism Therapy Center is a humble and courageous ally for our learners and their families. Employing a design to share expertise with a focus on results, we are passionate about creating a truly individualized, collaborative and transformative experience for our clients. Helena Autism Therapy Center Philosophy: Helena Autism Therapy Center provides therapy for children, approximately ages thirty months through age seven, who have a medical diagnosis of Autism Spectrum Disorder (ASD) or other diagnoses. Family members of children on the ASD will also receive services at the Center and at their home. With the diagnosis of ASD on the rise (2014 statistics from the United States Center for Disease Control and Prevention identified around 1 in 58 American children as on the Autism Spectrum, which is a 600% increase in prevalence over the past two decades), the need for Autism-specific mental health services is critical, in addition to other mental health diagnoses. Helena Autism Therapy Center ensures staff members are trained to provide mental health psychotherapy and/or skills training services to children with a diagnosis of Autism Spectrum Disorder or other diagnoses. There is a strong focus on the individual needs of the child and family as well as best practices from a variety of effective treatment modalities. Children with an ASD diagnosis often struggle with communication, social interaction, play skills, emotional regulation, and other challenges such as sensory processing and digestive problems. Also prevalent may have restricted, repetitive and stereotypical patterns of negative behaviors and interests. The above challenges often impede ability to interact with others and master developmental milestones. Our staff strive to provide a warm and welcoming atmosphere. We are committed to coordinating with the helping professionals involved in the child’s life. We recognize the unique challenges families of children with an ASD diagnosis may face and we are dedicated to teaching, encouraging, empowering, engaging in play, and improving the lives of their clients. Success of the strategies used will be measured through achieved outcomes in consideration of the child’s identified goals. 4 4. What services provided by Helena Autism Therapy Center entail At Helena Autism Therapy Center, families and children with ASD diagnosis and other diagnoses receive high quality, unique, individualized treatment strategies specifically identified for the child’s needs. We are dedicated to the child’s success and believe families should see positive changes as well as long-term results in the overall satisfaction and healthy functioning of their child which should markedly affect the family. Helena Autism Therapy Center staff is trained to provide psychotherapy and skills training services to children with an ASD diagnosis. Helena staff will focus on the child and family’s individual needs with effective treatment approaches which can include relational, behavioral, client-centered play, and child development approaches based on theorists such as, Rogers and Dawson, Gutstein, Greenspan, Skinner, Piaget, Erikson, and Vygotsky. The child with an ASD diagnosis will attend 20 hours per week at the clinic on the Main floor. Morning schedule is 8:00 am to 12:00 noon and 1:00 pm to 5:00 pm. There are four therapy teams providing services with each team therapy room being approximately 450 square feet. The team therapy room will serve approximately ten children, with services provided by 8 to 9 floor staff and supervised by a Lead. The children will have their personal items in a “cubbie”, including food provided by family members. The children will have snack time and lunch within the treatment room. Group treatment modality is also part of services provide. The modalities include art classes, music, modeling academic settings and other types of group interaction. Additional services the child and family members receive will be family skills training and family psychotherapy. The majority of the time, these services are provided in the child’s residence. Some families choose to participate in these services at the facility. There will be several treatment rooms located on the Main floor. A twenty hour per week Speech Therapist will be located on the lower level floor of the facility. The 2019 business plan includes adding a second twenty hour Speech Therapist and full time Occupational Therapist – also located on the lower level floor. In addition to the Speech Therapist(s) and Occupational Therapists located on the lower level floor, the Receptionist will be located on the Main floor. The Director of Operations, Manager of Helena Family Support, Lead and staff offices and Billing Specialist will be located on the Top floor. 5. What does Helena Autism Therapy Center bring to the Economic Development of the city of Brooklyn Center: Historically, floor staff number approximately 25 with the management of these staff called Leads. Currently there are four Leads providing direction, supervision and direct one-on-one contact with the clients in the Center setting and their families via in-home services. In addition to the 29 employees, there is a Director of Operations, an office manager and billing specialist. Helena Family Support is the “DBA” for Helena Autism Therapy Center and primarily provides services to clients at home, at school or in the community. This company employs 5 approximately 10 staff and has a manager located in the Helena Autism Therapy Center facility. The 10 employees meet at the facility one time per week as a group and other times throughout the week for individual supervision. Helena Autism Therapy Center’s client population is approximately 20 children (approximately 24 months to seven years of age) in the AM program and 20 children in the afternoon program. Families will be driving from their homes in to the city of Brooklyn Center. The building located at 5637 Brooklyn Blvd, Brooklyn Center, has approximately 70 parking spaces. There will be no other tenants in this building. 6. How are Helena Autism Therapy Center clients transported to receive treatment at the facility: Most children are transported by Medical Assistance carriers and these companies generally transport one child per vehicle. Parents and other guardians deliver and pickup children by the family vehicle. The Medical Assistance drivers and family members will be encouraged to use the parking spaces on the south side of the building. Employees will be encouraged to use the parking spots west of the building. The number of full time Employees will be approximately 32 and the number of In-home Employees is approximately 8 who will be needing parking one morning per week between 9:30 AM and 11:30 AM. The morning schedule for drop off is Monday through Friday 8:00 am to 8:15 am and pick up at 12:00 noon to 12:15. The afternoon schedule is drop off is Monday through Friday at 1:00 pm to 1:15 pm to pick up at 5:00 pm to 5:15 pm. 7. Playground plan The projected plan for the outdoor playground would be located on the west side of the building using the lower level egress on the west side of the building. A fence will run from the west entrance sidewalk curb traveling west side, make a 90 degree turn and run south to the curb, continue traveling west on the grass, turn 00 degrees to the east and run east, make a 90 degree turn to the north and connect with the southwest corner of the building. A drawing has been submitted by HTG Architects with the dimensions of 28 feet X 60 feet. The fence will be eight feet high and constructed from cedar boards. There is an egress door from the playground at the northwest corner of the playground. The playground will use 7 parking spaces. Playground equipment will include a trampoline, a swingset, a climbing wall, stepping and crawling type and other large motor activities specific to children’s needs with an Autism diagnosis. Treatment plans developed with the child’s Primary Care Physician, physical therapist and mental health providers would be according to MN Department Human Services recommendations to best address the child’s needs. Examples of playground equipment is included. Helena currently has a trampoline, a climbing wall and other small equipment that has been used inside the facility located in Fridley. 9.Parking Requirements 6 There are 67 parking spaces in the west and south parking areas of 5637 Brooklyn Blvd. There is approximately 33 employee parking spaces required from 7:45 AM to 5:30 PM. The playground will use 7 parking spaces. 10.Enclosures Information pertaining to design and costs of the playground Construction plan and costs for interior Enclosures include a plot drawing of the projected playground, an elevation of the fence and Home Depot proposal for fencing costs and suggested outdoor playground equipment. Enclosure also includes three plans per floor with the first page being color coded for demolition and construction, the second page showing the existing plan, and the third page is the projection completed space plan and projected construction costs for the interior construction of the three floors. Closing date is expected to be on May 10, 2019. Construction for the interior and playground is expected to be completed by the end of May and the company will move in June 2019. If you need any additional information, please call 952-484-4885 or email janesharkey@yahoo.com Sincerely, Jane Sharkey Owner, Helena Autism Therapy Center M E M O R A N D U M DATE: March 7, 2019 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Site Plan Review - 5637 Brooklyn Blvd Public Works Department staff reviewed the following documents submitted for review on February 27, 2019, for the 5637 Brooklyn Blvd - Autism Center improvements: Site Plan dated February 27, 2019 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Special Use Permit: C1.01 – Site Plan 1. Accessibility shall comply with ADA standards. 2.The perimeters of all driving and parking areas shall be bounded by cast-in-place concrete curb and gutter which confirms with the Minnesota Highway Type “B6-12”. 3.Play area shall be shown on site plan with dimensioning. Playground shall be fenced in. Proposed fences shall be minimum of 4’ offset from curb. 4. Provide a striping plan. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City. Exhibit C MEMORANDUM Date: March 7, 2019 To: Ginny McIntosh, City Planner/Zoning Administrator From: Dan Grinsteinner, Building Official Subject: Preliminary Review –5637Brooklyn Boulevard (Special Use Permit) 1)Occupancy classification will be determined pending information submitted on the age of occupants. •MN State Fire Marshal Division: Child care centers will be classified as Group E occupancies with the exception of those providing care for more than five children 2 ½ years of age or less. Such facilities shall be classified as Group I-4. Classification as a Group E occupancies are a child day care facility that provides care for more than five but no more than 100 children 2 ½ years or less of age, where the rooms in which the children are cared for are located on a level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior. 2)Floor locations of occupants with an Automatic Fire Sprinkler system or Fire Alarm system or Both. Child care rooms and areas may be located on any floor level below the fourth story if meeting the following conditions: •The building is protected throughout with an approved automatic fire sprinkler system and; •The building is protected throughout with an approved automatic fire alarm system having automatic smoke detection devices installed throughout the exiting system and within every room or area used for any purposes other than a classroom or office. Other provisions if met, will allow occupants to be located on floor levels other than the level of exit discharge if an automatic fire sprinkler or fire alarm system is installed. 3)Minimum Egress requirement of 2 exits from rooms, areas, floor levels for Group E & Group I-4 differ. Group E : Exceeds 50 occupants; 1750 Square ft/35 occupant factor Group I-4: Exceeds 10 occupants; 350 Square ft/35 occupant factor 1.All travel distances to an exit for sprinkler or non-sprinkler building shall be met. Exhibit D 4)Accessible parking: •Accessible parking spaces shall be located on the shortest accessible route of travel from adjacent parking to an accessible building entrance. Accessible parking stalls shall be calculated per MNBC Chapter 11 & ICC ANSI A117.1-2009 with MN amendments table 1106.1. This would require at least one parking space at each level of parking to the upper and lower entrance since there is no lift or elevator in the building. 5)Alterations to an area containing a primary fuction: •Priority for application of the 20 percent cost for the primary function area shall e as follows: o Accessible pat of travel to the primary function area, such as exterior route, building entrance interior route or elevator; o Accessible toilet facilities o Accessible parking o Accessible telephones and o Accessible drinking fountains 6)Multilevel buildings and facilities: •At least one accessible route shall connect each level, including mezzanines, in multilevel building and facilities; o Exception: and accessible route is not required to stories and mezzanines that have an occupant load of not more than 30 and are located above or below accessible levels. •Since the main and lower levels are accessible and the second floor is to be used as office; an elevator or lift will not be required do to occupant load calculations and technically infeasible. (Office area 3965 sq ft/100 sq.ft. per person = 39 occupants) (Proposed 2020 code has 150 sq. ft. per occupant which would equal 26 occupants) 7)A SAC Determination from Met Council will need to be provided for the new occupancy use. The City of Brooklyn Center has partnered with developer Alatus to redevelop the old Brookdale Ford and Brookdale Square site at Bass Lake Road and Shingle Creek Parkway. You are invited to an exciting conversation to help guide the redevelopment. How can this investment benefit the community? Come explore what’s possible for this important opportunity. MARK YOUR CALENDARS! FOR MORE INFORMATION, CONTACT: Ashley Bisner, Alatus Development Analyst/Associate at (612) 455-0706 or albisner@alatusllc.com Meg Beekman, City of Brooklyn Center at 763-569-3305 or mbeekman@ci.brooklyn-center.mn.us Gretchen Nicholls at (651) 265-2280 or gnicholls@lisc.org WWW.CI.BROOKLYN-CENTER.MN.US HTTP://BIT.LY/LISC_CDI Sponsored by: Alatus LLC & City of Brooklyn Center We encourage participants to attend all four events. All events are free and open to the public and will be held at: BROOKDALE LIBRARY 6125 Shingle Creek Pkwy, Brooklyn Center, MN 55430 Childcare will be provided by request only. Please RSVP to Gretchen Nicholls at 651-265-2280 one week in advance of each workshop if you would like to request childcare. The Corridor Development Initiative is a program of Twin Cities LISC Join us in guiding the future redevelopment of the OLD BROOKDALE FORD AND BROOKDALE SQUARE SITE WORKSHOP1 GATHER INFORMATION Wednesday, March 20, 2019 6:30 – 8:30 pm What is important and unique about the old Brookdale Ford/Brookdale Square site? What are the concerns about future development, and what can be achieved? WORKSHOP2 DEVELOPMENT OPPORTUNITIES: THE BLOCK EXERCISE Wednesday, April 3, 2019; 6:30 – 8:30 pm Join your neighbors in an interactive workshop to create development scenarios for the old Brookdale Ford/Brookdale Square site. Alatus designers and developers will be on hand to share ideas and insights. WORKSHOP3 DEVELOPER DISCUSSION Wednesday, April 17, 2019 6:30 – 8:30 pm Explore the opportunities and challenges of the redevelopment site with Alatus representatives, and ways the investment could benefit the community. WORKSHOP4 FRAMING RECOMMENDATIONS Wednesday, May 1, 2019 6:30 – 8:30 pm Contribute to the creation of development recommendations for the old Brookdale Ford/ Brookdale Square site, which will be submitted to the Brooklyn Center City Council and Planning Commission.~ A light meal will be provided at each workshop ~ SH I N G L E C R E E K PK W Y BASS LAKE RD HWY 1 0 0 Item 7.c