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HomeMy WebLinkAbout2025-047 CCRMember Graves introduced the following resolution and moved its adoption: RESOLUTION NO. 2025-047 PLANNING COMMISSION APPLICATION NO. 2025-002 FOR A MAJOR SITE AND BUILDING PLAN AMENDMENT AND CONDITIONAL USE PERMIT FOR THE CONVERSION OF AN APPROXIMATELY 14,000-SQUARE FOOT FORMER CREDIT UNION TO A NEW HORIZON ACADEMY EARLY LEARNING CENTER (7100 BROOKLYN BOULEVARD) WHEREAS, Planning Commission Application No. 2025-002, submitted by New Horizon Academy (“the Applicant”) requests review and consideration of an application for approval of a major site and building plan amendment and issuance of a conditional use permit to convert an approximately 14,000-square foot former credit union to a Licensed Day Care Facility—13 or greater persons at 7100 Brooklyn Boulevard (“the Subject Property”), as legally described in Exhibit A attached hereto, and of which would allow for the re-use of the property as a New Horizon Academy; and WHEREAS, the Subject Property sits on approximately 0.99 acres and the MX-N2 (Neighborhood Mixed-Use 2) District where the Subject Property is located allows for Licensed Day Care Facilities—13 or greater persons through issuance of a conditional use permit, as identified within Section 35-4103 (Allowed Use Table); and WHEREAS, Section 35-7605 (Amendments) provides that a major amendment to an approved site and building plan shall be triggered under certain outlined scenarios, including but not limited to a 20 percent or greater change in the number of parking spaces provided or required or change in the ground area covered by the project, or a 25 percent or greater change in the floor area use of any one structure, and City staff determined this threshold had been met; and WHEREAS, a public hearing notice was published in the Brooklyn Center Sun Post on March 27, 2025, mail notifications were sent to adjacent property owners and physical properties, and notices were provided for on the City’s website and via a weekly bulletin; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota held a duly noticed and called public hearing on April 10, 2025, whereby a planning staff report was presented and public testimony regarding the proposed building and site modifications and conditional use permit were received; and WHEREAS, the Planning Commission of the City of Brooklyn Center, Minnesota considered the major site and building plan amendment and conditional use permit requests in light of all testimony received, the guidelines and standards for evaluating the conditional use permit contained in Sections 35-7600 (Site & Building Plan Approval) and 35-7700 (Conditional Use Permit), the City’s 2040 Comprehensive Plan, 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; and RESOLUTION NO. 2025-047 WHEREAS, the City Council finds as follows regarding Planning Commission Application No. 2025-002, as submitted by Applicant New Horizon Academy: a)The proposed use, in terms of intensity, is substantially similar in nature to, or a less intense use with respect to other permitted and conditional uses within the MX-N2 District, including retail operations, and the Subject Property’s previous operation as a financial institution with standalone ATM, and its potential impacts on the surrounding community as a Day Care Facility are addressed through documentation provided by the Applicant; b)The conditional use, as proposed, will be in accordance with the general objectives of the City’s 2040 Comprehensive Plan and the City’s Unified Development Ordinance given the Subject Property’s future land use designation under the 2040 Comprehensive Plan is “Neighborhood Mixed Use” (N-MU) and the Subject Property’s zoning designation of Neighborhood Mixed-Use 2 (MX-N2) District allows for Licensed Daycare Facilities—13 or greater person through issuance of a conditional use permit; c)The establishment, maintenance, or operation of the conditional use will promote or enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort; d)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, and the Applicant intends conduct a full remodel of the interior building space and undertake exterior site modifications, including installation of three new play areas that would be located at the north end of the Subject Property and away from the neighboring Boulevard Plaza office condominiums to the south; e)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; f)Adequate measures have been taken to provide ingress, egress, and parking so designated as to minimize traffic congestion in the public streets, and the Applicant has submitted plans to remove parking deemed unnecessary for their operations, as supported through a traffic study developed for prototypical, 85- percent occupied New Horizon Academy facilities; g)Impacts such as noise, hours of activity, and exterior light have been either sufficiently addressed to mitigate impacts on nearby uses, or will be addressed as an identified condition of approval; and h)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. 2025- 002 for approval of a major site and building plan amendment and conditional use permit for RESOLUTION NO. 2025-047 renovation of a former credit union and office building located at 7100 Brooklyn Boulevard to an approximately 14,000-square foot New Horizon Academy early learning center (Licensed Daycare Facilities—13 or greater persons), and conditioned on compliance with all of the following: 1.The Applicant shall adhere to the provisions as outlined under Section 35-7700 (Conditional Use Permits) and 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 resolution shall be recorded by the Applicant with the Hennepin County Recorder—Registrar of Titles pending approval of the related application. 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 outlined under Section 35-7700. 2.Any major changes or modifications made to the Site and Building Plan, and as outlined within the City Code, can only be made by an amendment to the approved Site and Building Plan as approved by the City Council. a.The building plans are subject to review and approval by the Building Official and as outlined in the memorandum dated April 4, 2025 with respect to applicable codes prior to the issuance of permits. b.The Applicant shall apply for and obtain separate City approval for the vacation and dedication of certain easements located on the Subject Property. c.A SAC Determination shall be submitted by the Applicant to the Metropolitan Council for the change of use and any associated fees paid at the time of any permit issuance. d.Photometric Plans and any proposed lighting fixtures are to comply with Section 35-5400 (Exterior Lighting). e.The Applicant shall ensure an irrigation system is in place to facilitate maintenance of new and existing site landscaping and green areas, and irrigation shop drawings for any new systems shall be submitted for review and approval prior to installation. 3.Any outside trash disposal facilities and rooftop or ground mechanical equipment shall be appropriately screened from view per City Code requirements and a detail sheet provided. a.Per City Code requirements, the proposed trash enclosure shall be located a minimum of five (5) feet from the interior and rear property lines, provide a minimum 20-foot clearance from an existing fire hydrant located on City property, and the area shall be striped for no parking. 4.The Applicant shall work to ensure all applicable Minnesota Fire Code requirements have been met as part of any site plan approval and with respect to the proposed modifications to the building. a.A fire sprinkler system is required to be installed and shall be maintained on RESOLUTION NO. 2025-047 a consistent basis per City Code requirements. 5.The Applicant agrees to comply with all conditions or provisions noted in the Principal Engineer’s review memorandum, dated April 4, 2025. 6.Application to and approval from the Hennepin County Health Department as needed for the proposed kitchen area. 7.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. Signage shall comply with the City of Brooklyn Center sign code provisions for a Neighborhood Mixed-Use District property. May 5th. 2025 Date Mayor ATTEST: Interim 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: Graves, Jerzak, Kragness, Lawrence-Anderson, Moore and the following voted against the same: none. whereupon said resolution was declared duly passed and adopted.