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HomeMy WebLinkAbout2004 11-10 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION NOVEMBER 10, 2004 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:32 p.m. ROLL CALL Chair Tim Willson, Commissioners Graydon Boeck, Rachel Lund, Sean Rahn, Dianne Reem, and Tim Roche were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Rebecca Crass. Commissioner Newman was absent and unexcused. APPROVAL OF MINUTES — OCTOBER 28, 2004 There was a motion by Commissioner Boeck, seconded by Commissioner Roche, to approve the minutes of the October 28, 2004 meeting as submitted. The motion passed. Tim Willson abstained as he was not present at the meeting. CHAIR'S EXPLANATION Chair Willson 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. APPLICATION NO. 2004 -013 COMMUNITY EMERGENCY ASSISTANCE PROGRAM C( EAP) Chair Willson introduced Application No. 2004 -013, a request for a Special Use Permit to operate a childcare facility at the proposed location of a joint tenancy service /office building on the Osseo School District property to be addressed as 7051 Brooklyn Boulevard. The property in question is being created under Preliminary Plat Application No. 2004 -010. The property is also the subject of a Rezoning proposal to C -1 (Service /Office) under Planning Commission Application No. 2004 -011 and a Site and Building Plan Approval /Special Use Permit for a 48,600 sq. ft., three story, two phase service /office building for a school district adult education facility use and an adjoining use by CEAP under Planning Commission Application No. 2004- 012. These applications were approved by the City Council on November 8, 2004. Group day care facilities are listed as special uses in the C -1 zoning district. Such a use is allowed through the Special Use Permit process including review, recommendation and public hearing by the Planning Commission and approval by the City Council I1 -10 -04 Page 1 Mr. Warren presented the staff report describing the location of the property and the proposal. (See Planning Commission Information Sheet dated 11 -10 -04 for Application No. 2004 -013, attached.) PUBLIC HEARING — APPLICATION NO. 2004 -013 There was a motion by Commissioner Rahn, seconded by Commissioner Lund, to open the public hearing on Application No. 2004 -013, at 7:54 p.m. The motion passed unanimously. Chair Willson called for comments from the public. Mr. Steven Klein, Executive Director of LEAP, introduced himself to the Commissioners. Commissioner Reem inquired about the one year limitation for construction to begin following approval of a Special Use Permit since the applicant has indicated that construction will not start on their portion of the building until 2006. Mr. Klein explained that the reason for delaying construction until 2006 was based on financial need but that they felt it important to get city approval prior to beginning their campaign to raise the $4.6 million capital necessary to fund the project. There was a discussion among Commission Members regarding adding a Condition No. 8. The Commission agreed that a condition No. 8 would be added to the conditions of approval stating: 8. Approval of the Special Use Permit shall be effective through December 31, 2006 without the need for an extension as comprehended by Section 35 -220, Subdivision 5, provided all conditions established above are met in their entirety. Chair Willson stressed the importance of working out a formal agreement between CEAP and the School District for use of the off site recreational facility. Without such an agreement, there would be no Special Use Permit. Commissioner Lund inquired about an indoor play area on the site. Ms. Linnea Davis, representing St. David's, responded that they have plans for both indoor and outdoor play space. She added that they are required by the Department of Human Services to have 2,000 sq. ft. of play area. Commissioner Roche asked for further clarification of the outdoor play area. Mr. Dave Suman Coordinator of Construction Projects with Osseo School District 279 demonstrated the layout of the play areas on the site. No other persons from the public appeared before the Commission during the public hearing on Application No. 2004 -013. CLOSE PUBLIC HEARING There was a motion by Commissioner Reem, seconded by Commissioner Roche, to close the public hearing on Application No. 2004 -013, at 8:07 p.m. The motion passed unanimously. 11 -10 -04 Page 2 The Chair called for further discussion or questions from the Commissioners. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 2004 -013 — COMMUNITY EMERGENCY ASSISTANCE PROGRAM (CEAP) There was a motion by Commissioner Boeck, seconded by Commissioner Roche to recommend to the City Council that it approve Application No. 2004 -013, submitted by Community Emergency Assistance Program for a Special Use Permit to operate a group day care facility at 7051 Brooklyn Boulevard subject to the following conditions: 1. The Special Use Permit is granted for a childcare /day care facility serving up to 34 toddler and preschool children. Any expansion or alterations of this proposed operation, which is inconsistent with the proposal submitted, will require an amendment to this Special Use Permit. 2. The childcare /day care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. 3. The granting of the Special Use Permit is contingent upon the approval and filing of the plat comprehended under Planning Commission Application No. 2004 -010; the approval of the rezoning comprehended under Planning Commission Application No. 2004 -011; and approval of the site and building plan and special use permit comprehended under Planning Commission Application No. 2004 -012. 4. The granting of this special use permit is contingent upon the development and execution of an agreement between the Osseo Area Schools and CEAP to provide outside playground/recreational facilities consistent with city ordinance requirements on a continuous basis. A copy of the agreement shall be provided to the City. Absent such an agreement, the special use permit shall be void. 5. Children utilizing the childcare facility shall always be escorted by an adult when walking between said facility and the offsite recreational area. 6. The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 7. Approval of the special use permit does not authorize additional signery other than that comprehended under Chapter 34 of the City Ordinances. 8. Approval of the Special Use Permit shall be effective through December 31, 2006 without the need for an extension as comprehended by Section 35 -220, Subdivision 5, provided all conditions established above are met in their entirety. 11 -10 -04 Page 3 Voting in favor: Chair Willson, Commissioners Boeck, Lund, Rahn, Reem and Roche. The motion passed unanimously. The Council will consider the application at its November 22, 2004 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS Mr. Warren reminded Commissioners that there is only one Planning Commission meeting in November and December. If there are no applications, the December meeting would be canceled. Mr. Warren asked the Commission members whose terms expire on December 31, 2004 of their interest to be reappointed. All members expressed their desire to continue serving on the Planning Commisison. Commissioner Rahn stated his interest in a joint meeting with the City Council. Mr. Warren will pass that request on to the City Council. There was no other business. ADJOURNMENT There was a motion by Commissioner Boeck, seconded by Commissioner Lund adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:15 p.m. Chair Recorded and transcribed by: Rebecca Crass 11 -10 -04 Page 4