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HomeMy WebLinkAbout2022-140 CCRMember Lawrence -Anderson introduced the following resolution and moved its adoption: RESOLUTION N0.2022-140 RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO, 2022-006 SUBMITTED BY OLIVER WALKER (GOLDEN AGE ADULT DAY CARE LLC) FOR ISSUANCE OF A SPECIAL USE PERMIT FOR AN ADULT DAY CARE FACILITY AT THE PROPERTY LOCATED AT 6070 SHINGLE CREEK PARKWAY WHEREAS, Applicant Oliver Walker of Golden Age Adult Day Care LLC ("the Applicant") contacted the City of Brooklyn Center in September 2022 and indicated an interest in opening a new adult day care facility in Brooklyn Center within 6070 Shingle Creek Parkway ("the Subject Property"); and WHEREAS, following a review of the business operation for Golden Age Adult Day Care LLC, it was determined that the Applicant would need to obtain a special use permit for the operation of an adult day care facility, as outlined under Sections 35-220 (Special Use Permits) and Section 35-322.3 (C2 Commerce District) of the City Code of Ordinances for the "adult day care facility and services;" and WHEREAS, all proposed improvements are limited to the interior of the existing, approximately 1,600-square foot suite located within the existing multi -tenant commercial retail building; and WHEREAS, a public hearing notice was initially submitted to the Brooklyn Center Sun Post for publication on October 2 7, 2022 and notifications mailed to property owners and residents within vicinity to the Subject Property, per state statute and City Code requirements; however, the Planning Commission failed to meet quorum at their meeting and scheduled public hearing on November 10, 2022 and therefore a recommendation could not be provided; and WHEREAS, a new public hearing notice was submitted for publication on December 1, 2022, and for the City Council meeting scheduled for December 12, 2022, and updated notifications mailed to property owners and residents within vicinity of the Subject Property; and WHEREAS, the City Council of the City of Broolyn Center, Minnesota held a duly noticed and called public hearing on December 12, 2022, whereby a planning staff report was presented and public testimony regarding the Special Use Permit request were received; and WHEREAS, the City Council of the City of Brooklyn Center, Minnesota considered the Special Use Permit and use determination requests in light of all testimony received, the guidelines and standards for evaluating this Special Use Permit contained in Section 35-220 (Special Use Permit) and Section 35-330.3.c of the City's Zoning Code, and the request complies with the RESOLUTION NO.2022-140 general goals and objectives of the City's 2040 Comprehensive Plan, which identifies the Subject Property with a future land use designation of "Mixed Use - Commercial" and allows for a mix of retail, commercial, and office uses, and WHEREAS, in light of all testimony received, the City of Brooklyn Center City Council did determine that Planning Commission Application No. 2022-006, submitted by Oliver Walker (Golden Age Adult Day Care LLC), may be granted after demonstration by evidence that all of the following standards are met as outlined under 35-220.2 (Special Use Permits). a. 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; b. 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; c. 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; d. Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets; and e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located; and NOW, THEREFORE BE IN RESOLVED, By the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2022-006 submitted by Oliver Walker of Golden Age Adult Day Care LLC for the issuance of a Special Use Permit for operation of an adult day care facility within the approximately 1,600-square foot suite located within 6070 Shingle Creels Parkway, maybe approved subject to the following conditions: Any maj or changes or modifications made to the Subj ect Property can only be made either through the City's Building Permit process or through formal Building and Site Plan review by the City. a. The Applicant shall provide final plans and submit permit applications for any work to be conducted in the leased space. b. The Applicant shall adhere to the maximum occupancies outlined by City Staff and in accordance with any State licensing requirements for the adult daycare use. c. Issuance of a Special Use Permit for the adult daycare use is conditioned upon the Applicant obtaining any necessary licensure 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, and prior to the issuance of any building permits. d. The Applicant shall obtain approval from the Hennepin County Health Department RESOLUTION NO. 2022-140 e. for the proposed prep kitchen area. Approval paperwork shall be submitted to the City of Brooklyn Center. The Applicant/Property Owner shall ensure the fire sprinkler system is maintained and monitored. December 12 2022 Date ATTEST: l;rty l;lerk The motion for the adoption of the foregoing resolution was duly seconded by member Ryan and upon vote being taken thereon, the following voted in favor thereof. Butler, Elliott, Graves. Lawrence -Anderson, Ryan and the following voted against the same: None whereupon said resolution was declared duly passed and adopted.