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HomeMy WebLinkAbout2024-65 CCRMember Jerzak introduced the following resolution and moved its adoption: RESOLUTION NO. 2024-65 RESOLUTION APPROVING PLANNING COMMISSION APPLICATION NO. 2024-004 FOR ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW FOR AN EARLY LEARNING CHILD CARE CENTER (6098 SHINGLE CREEK PARKWAY) WHEREAS, Planning Commission Application No. 2024-004, submitted by Keshia Deon of Treasure Hunt Early Learning Center ("the Applicant") requests review and consideration of an application for a conditional use permit that would convert an approximately 3,500-square foot space formerly occupied by a FastSigns signage and graphics shop and located at 6098 Shingle Creels Parkway ("the Subject Property"), as legally described in Exhibit A and attached hereto, to an early learning child care center; and WHEREAS, the Applicant initially approached City staff with a desire to locate within Shingle Creels Center, where the Subject Property is located; 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)" as a conditional use in certain zoning districts within the City, and the language became effective in April 2024; and WHEREAS, the Subject Property is situated in the City's MX-C (Commercial Mixed - Use) District, and following a review of Section 35-4103 (AlloA,ed Use Table), the proposed use is categorized as a "licensed day care facility (13 or greater persons)" and requires 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 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, the Opportunity Site Infrastructure Framework, as well as information provided by the Applicant with respect to the proposed use's operations and any potential impacts, and the request generally satisfies the criteria as outlined within the above Sections; RESOLUTION NO. 2024-65 and WHEREAS, the City Council finds as follows regarding Planning Commission Application No. 2024-004, submitted by Applicant Keshia Deon (Treasure Hunt Early Learning Center): a) The proposed use is categorized as a "licensed day care facility (13 or greater persons)" and any potential impacts on the surrounding community have been substantially addressed through the documentation provided by the Applicant surrounding the proposed early learning center; b) The proposed use is allowed through approval of a conditional use permit in the MX-C (Commercial Mixed -Use) 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 is 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 extended hours of operation, 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, and a valid license and copy of said license shall be submitted to the City for recordkeeping; 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 child care activities will take place within the approximately 3,500-square foot space with the exception of 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 or as the Opportunity Site, where the Subject Property is located, or adjacent 6100 Shingle Creek Parkway, which is owned by the City's Economic Development Authority (EDA), develops out in the future as there are no proposed exterior modifications; 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 minimizing congestion within the internal parking lot drive aisles by ensuring designated parking spaces are used by parents/guardians during drop-off and pick- up windows; 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. RESOLUTION NO. 2024-65 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- 004 for the requested conditional use permit, which would allow for an early learning center at 6098 Shingle Creek Parkway, and conditioned on compliance with all of the following: 1. 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 parking spaces are utilized during designated drop off and pick up times. Vehicles shall not be left unattended or to queue along the front of the building in the shared drive aisle. Should any issues arise, City staff may request a review of on -site operations and installation of no parking signage. 3. The Applicant shall submit a Sign Permit Application for any proposed signage (e.g., wall, freestanding) and receive issuance of a permit prior to any installation. All signage shall conform to City requirements. May_ 28, 2024 Date Mayor ATTEST:&_WAJLN�� 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, Jerzak, Ki•agness, Lawrence -Anderson and the following voted against the same: none whereupon said resolution was declared duly passed and adopted.