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HomeMy WebLinkAbout2024-64 CCRMember Jerzak introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-64 RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO. 2024-005 FOR ISSUANCE OF A CONDITIONAL USE PERMIT FOR AN EXISTING PLACE OF RELIGIOUS ASSEMBLY AND NEW CHILD CARE CENTER (5139 BROOKLYN BOULEVARD) WHEREAS, Planning Commission Application No. 2024-005, submitted by Brookdale Covenant Church and Bright Future Child Care Center (together, "the Applicant") are requesting review and consideration for approval of a conditional use permit at 5139 Brooklyn Boulevard ("the Subject Property"), as legally described in Exhibit A and attached hereto, for Brookdale Covenant Church, which has continuously operated at the Subject Property since 1955, and Bright Future Child Care Center; and WHEREAS, Applicant Denise Fadina of Bright Future Child Care Center initially approached City staff with a desire to locate their child care center within existing Brookdale Covenant Church; however, City staff realized that the provisions outlined within the City's new Unified Development Ordinance no longer accounted for larger day cares (13 or more persons); and WHEREAS, an ordinance amendment was requested and subsequently adopted by the City Council in March 2024 to allow for "licensed day care facilities (13 and greater persons) associated with Places of Assembly or Public and Private Elementary and Secondary Schools Offering a Regular Course of Study" as a conditional use in certain zoning districts within the City, and the language became effective in April 2024; and WHEREAS, a review of City records determined that while churches were once considered permitted uses within the City's RI District, and during which time Brookdale Covenant Church located from the Camden neighborhood of North Minneapolis to Brooklyn Center, "Places of Religious Assembly" are now considered a conditional use within the City's RI District, and the church desires to address this nonconformity; and WHEREAS, the Subject Property is situated in the City's RI (Low Density Residential) District, and following a review of Section 35-4103 (Allowed Use Table), the identified uses require issuance of a conditional use permit in the aforementioned district; and WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post on April 25, 2024, mail notifications were sent to adjacent property owners and physical properties, and notice was provided for on the City's website and email bulletins; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on May 9, 2024, whereby a planning staff report was presented and public testimony regarding the conditional use permit were received; and RESOLUTION NO. 2024-64 WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the conditional use permit request in light of all testimony received, the guidelines and standards for evaluating the conditional use permit contained in Section 35-7700 (Conditional Use Permit), the City's 2040 Comprehensive Plan, as well as information provided by the Applicant with respect to existing church and proposed child care center operations and any potential impacts, and the request generally satisfies the criteria as outlined within the above Sections; and WHEREAS, the City Council finds as follows regarding Planning Commission Application No. 2024-005, submitted by Applicants Brookdale Covenant Church and Bright Future Child Care Center: a) The existing church has been at its present location on the Subject Property for nearly 70 years in co -existence with the surrounding neighborhood and the proposed child care center, which is categorized as a "Licensed Day Care Facility (13 or greater persons) associated with Places of Assembly or Public and Private Elementary and Secondary Schools Offering Regular Course of Study" and any potential impacts on the surrounding community have been substantially addressed through the documentation provided by the Applicant surrounding the proposed child care center, and the existing church has indicated no plans for alteration of its operations with exception of the proposed child care center; b) The existing and proposed uses are allowed through approval of a conditional use permit in the Rl (Low Density Residential) District; c) The conditional use, as proposed, will be in accordance with the general objectives of the City's Comprehensive Plan and the City's Unified Development Ordinance and the proposed child care center is additionally subject to separate licensing requirements for the use; d) The establishment, maintenance, or operation of the conditional use will promote or enhance the general public welfare by filling a need for childcare in the City of Brooklyn Center, and with a cognizance for surrounding residents and users, including the neighboring New Millennium Academy charter school, and will not be detrimental to or endanger the public health, safety, morals, or comfort, and will be in accordance with City Code provisions, including those outlined in Section 35-7700 (Conditional Use Permits), and any additional licensing and safety requirements for the child care center; e) The conditional 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 as all church and child care activities take place on the Subject Property with exception to outings to the playground and parks and field trips; f) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district as this area is substantially developed; g) Adequate measures have been taken to provide ingress, egress, and parking so designated as to minimize traffic congestion in the public streets, and by RESOLUTION NO.2024-64 minimizing congestion by utilizing the Lilac Drive North loop road located at the northwest corner of the Subject Property for the majority of drop-off and pick-ups for the child care center, and for the church, in accordance with any shared access or parking provisions with the adjacent New Millennium Academy (5105 Brooklyn Boulevard); h) Impacts such as noise, hours of activity, and exterior light have been sufficiently addressed to mitigate impacts on nearby uses; and i) The conditional use will conform to the applicable regulations of the district in which it is located. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that it hereby approves Planning Commission Application No. 2024- 005 for the requested conditional use permit, which would allow for an existing place of religious assembly (Brookdale Covenant Church) and new licensed day care facility of 13 and greater persons in association with a place of religious assembly (Bright Future Child Care Center), and conditioned on compliance with all of the following: The Applicant and Property Owner shall adhere to the provisions as outlined under Section 35-7700 (Conditional Use Permit), and shall coordinate with City staff to file a copy of the City Council resolution approving the requested conditional use permit, along with a legal description of the Subject Property for which the permit was issued, and list of any conditions set forth by City Council as a condition of said conditional use permit. A certified copy shall be recorded by the Applicant with the Hennepin County Recorder -Registrar of Titles within 60 days of approval of said resolution. a. The day care facility shall maintain a valid license and a copy of said license and application shall be submitted to the City annually. Failure to maintain a license shall be subject to the conditions as outlined under Section 35-7700. 2. The Applicant shall ensure designated drive aisles are not blocked during pick up and drop off times for the child care center, and that no queuing occurs in the public right-of-way. Should any issues arise, City staff may request a review of on -site operations. RESOLUTION NO. 2024-64 �l t May 28, 2024 Date Mayor ATTEST:i( City Clerk - The motion for the adoption of the foregoing resolution was duly seconded by member Kragness and upon vote being taken thereon, the following voted in favor thereof: Butler, Graves, Jerzalc, Kragness, Lawrence -Anderson and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.