HomeMy WebLinkAbout2004 11-10 PCP •
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
NOVEMBER 10, 2004
REGULAR SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - October 28, 2004
4. Chairperson's Explanation
The Planning Commission is 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.
5. Community Emergency Assistance Program 2004 -013
• Request for a Special Use Permit to operate a group day care facility at 7051 Brooklyn
Boulevard.
6. Other Business
7. Adjournment
40
Application Filed on 10 -27 -04
City Council Action Should Be
Taken By 12 -26 -04 (60 Days)
Planning Commission Information Sheet
Application No. 2004 -013
Applicant: Community Emergency Assitance Program (CEAP)
Location: 7151 Brooklyn Boulevard
Request: Special Use Permit
The applicant Steven Klein, on behalf of Community Emergency Assistance Program, Inc.
(CEAP), is seeking 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, which is being considered for approval by the City Council on
November 8, 2004. 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., two 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 are also being considered
for approval by the City Council on November 8, 2004.
• Group day care facilities are listed as special uses in the C -1 zoning district (see Section 35 -320,
Subdivision 3b of the Zoning Ordinance attached). 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. As a Special Use Permit, the proposal must meet
the Special Use Permit standards contained in Section 35 -220, Subdivision 2a through 2e
(attached) as well as the standards contained in Section 35 -320, Subdivision 3 b 1 through 5,
regarding group day care facilities. The property in question is proposed to be rezoned to C -1
under Planning Commission No. 2004 -011 and is located on the west side of Brooklyn
Boulevard, south of 71 Avenue North. It is bounded on the north by 71 Avenue; on the east by
Brooklyn Boulevard and the Willow Lane Apartments (zoned R -5); on the south by Willow Lane
Park; and on the west by the Willow Lane Early Childhood Center and single family homes
facing 71 st Avenue North.
BACKGROUND
As mentioned above, the Osseo Area School District is in the process of creating a 3.63 acre
parcel of land that is to be rezoned to C -1 (Service /Office) so that they can construct a 48,600 sq.
ft., two story service /office building to house their adult education program. The School District
would occupy 25,000 sq. ft. in the first phase of the development. CEAP plans to construct the
second phase of the building in mid -2006 to accommodate a multi - service family center. They
are proposing a 1,500 sq. ft. to 2,000 sq. ft. childcare center to be operated by St. David's Child
• Development and Family Services as a part of their space. This proposed facility would be
11 -10 -04
Page 1
licensed for approximately 34 toddler and preschool children and is the subject of this •
application.
PROPOSAT,
The applicant has submitted written material explaining their proposal and how they believe it
will meet the standards for special use permits. They point out that their proposed day care use
will enhance the general public welfare by providing an essential service to the children and
families of the community, that the St. David's organization is known for providing high quality
early childhood education for children of all abilities. They claim their childcare center will have
little or no negative impact on property values or be injurious to the use of surrounding
properties. It will not impede the development or improvement of surrounding property and have
no adverse impact on the residential or commercial development plan for this area. They contend
that their proposal will have minimal impact on traffic in the area. They also point out that their
proposed childcare center and playground will comply with all relevant requirements outlined in
Section 35 -411 (copy attached). It should be noted, however, that they are requesting that their
outside recreational facilities be allowed to be offsite at the Willow Lane Early Childhood
Center. A letter from John Fredericksen, Assistant Superintendent of Osseo Area Schools, has
been submitted showing the School District's support for providing shared playground facilities
for CEAP to provide better services at lower overall costs. Dr. Fredericksen notes that they
haven't finalized the shared playground planning but have always contemplated such a system at
their site. Children using these facilities will always be escorted by an adult via crosswalks and
walkways from the childcare facility to the playground area. ,
The applicant has submitted a plan showing the new facility, the Willow Lane Early Childhood
Center and the location of the proposed playground. This seems like an acceptable proposal and
we would recommend approval provided a formal arrangement can be established between
CEAP and the School District. It should be noted, however, that there does not appear to be
anywhere on site at the new facility where required playground/recreational facilities could be
provided consistent with the requirements of the zoning ordinance. Absent the agreement, and
continuous use of the shared recreational area, the Special Use Permit could not be
recommended.
The proposed day care is also required to meet the standards contained in Section 35 -321,
Subdivision 3b that required that the day care use must be compatible with, complimentary to
and of comparable intensity in terms of activity levels to permitted C -1 uses. Also, the day care
facility must be planned and designed to assure that that generated traffic will be within the
capacity of available public facilities and will not have an adverse impact upon those facilities,
the immediate neighborhood or the community. Traffic generated by other uses on the site
should not pose danger to children served by the day care use.
I
We believe that these standards are met as well provided there is an agreement for continuous
use of the School District property for recreational purposes and that adult supervision be
continuously provided when children are outdoors walking between the facilities.
11 -10 -04 •
Page 2
A public hearing has been scheduled and notices of the Planning Commission's consideration
have been sent to surrounding property owners.
RF.0 OMMF.NDATTC)N
In general, the application appears to be in order and approval is recommended subject to at least
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 Application No. 2004 -010; the approval
of the rezoning comprehended under Planning Application No. 2004 -011; and the
approval of 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.
11 -10 -04
Page 3
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• Special Use Permit for Property at 71st Avenue North and Brooklyn Boulevard
Lots 2 & 3, Block 1, all in Center Brook Addition, Hennepin County Minnesota
Narrative Information
We are submitting this request for a Special Use Permit for a Child Care Center which
will be a tenant in a proposed multi- service Family Center. This Family Center will be
constructed by early to mid 2006 at (legal description) on the corner of 71 Avenue North
and Brooklyn Boulevard. The Child Care Center will occupy about 1500 -2000 square
feet of the proposed 25,000 square foot Family Center. In addition, the permit would also
allow the child care center to use for its playground space on an adjacent lot (see
drawing)
The Child Care Center will be operated by St. David's Child Development and Family
Services and will be licensed for approximately 34 toddler and preschooler children.
The proposed playground will not be contiguous to the building but will be located on the
adjacent lot approximately 320 feet from the Center.(see drawings). Children will cross a
walkway over a small portion of the parking lot in order to reach the playground.
The Child Care Center will certainly enhance the general public welfare in that it will be
providing a very essential service to the children and families of the community. St.
David's is known for providing high - quality, developmentally - appropriate early
childhood education. Children with special needs are included in the classrooms along
with typically developing children, providing children of all abilities the unique
opportunity of learning together. In addition, it will be an integral part of the
comprehensive services being provided in the proposed Center and in School District
279's Adult Basic Education building which will be attached to the Family Center. This
Center will in no way be detrimental to public health, safety or comfort.
The Child Care Center will have little, if any, impact on property values and will not be
injurious to other properties. It will, as noted, be located within an office type facility
and attached to a school district building. A school district early childhood education
center is located on the adjacent lot and the services provided there serve similar
populations as the Child Care Center. Most of the activities of the Child Care Center will
occur within the Family Center building.
The Child Care Center and the Family Center in which it will be located will not impede
the development nor improvement of the surrounding area. This Center will be located
on a corner lot facing Brooklyn Boulevard and a small portion of 71" Avenue North. Its
location and use should have no impact on any residential or commercial development
which may be planned for that area.
The attached drawings demonstrate that there will be minimum impact on traffic on
public streets. Families bringing their children by car will enter the private parking area
• off of Brooklyn Boulevard, park their cars near the "back" entrance and escort their
children to the child care center. Families not driving will either come by bus or walking
and will use the sidewalk and entrance in the front (Brooklyn Boulevard side) of the
Family Center. Automobiles will enter and exit the parking lot from/to Brooklyn
Boulevard generally in the early morning or late afternoon. The impact on the traffic will
be minimal and within a small time frame.
In addition, the traffic generated should not pose a danger to the children. As previously
noted, they will spend most of their time inside the Center. When their parents bring
them they will not have to walk across any parking lots or major roads with the exception
of when their parents bring them by bus. The children will have to cross a small portion
of the parking via a walkway in order to reach the playground (see drawings). They will
always be accompanied by an adult when they are outside of the building.
The proposed child care center and playground will comply with all relevant
requirements as outlined in Section 35 -411 of the city ordinance.
I
•
C� District
���
L. CHRIS RICHARDSON, Ph.D.
Superintendent
• OSSEO AREA SCHOOLS
Phone: (763) 391 -7000
FAX: (763) 391 -7070
October 14, 2004
Stephen Klein, Executive Director - Community Emergency Assistance Program, Inc.
6840 78 Avenue North
Brooklyn Park MN 55445
RE: Adult Education — Famil Services Center Shared Playground
Dear Steve:
Thank you for the opportunity to write about shared playground operations at the Adult Education —
Family Services Center site adjacent to the Willow Lane Early Childhood Center site. While we
haven't totally finalized playground planning for the site, yet, we have always contemplated and
continue to plan for a shared playground system at the sites. We would use shared playgrounds to
allow for better differentiation of playground tools for educational development for the variety of
students we serve at the Willow Lane Education Center. These children have a wide spectrum of ages
and experience an even broader set of educational needs. By sharing playground tools with the
Community Emergency Assistance Program (CEAP) tenant(s), we can have more playground spaces
on site and a larger spectrum of specialized tools for student educational development. This will enable
us to provide better services at lower overall costs with an added benefit for increased neighborhood
serviceability during non - school hours.
Please accept this letter of information for the playground plan. If you have questions, please contact
me at 763 -391 -7014. Thank you.
ctfully,
ohn E. Fredericksen, Ph.D.
Assistant Superintendent - Administration abeceapplayground
•
INDEPENDENT SCHOOL DISTRICT 279
Educational Service Center, 11200 93rd Avenue North
Maple Grove, MN 55369 -6605
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City of Brooklyn Center
Special Use Permits - Section 35 -220
2. Standards for Special Use Permits
A special use permit may be granted by the City Council after demonstration by evidence that all of the
following are met:
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.
e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it
is located.
3. Conditions and Restrictions
The Planning Commission may recommend and the City Council may impose such conditions and restrictions
upon the establishment, location, construction, maintenance and operation of the special use as deemed
necessary for the protection of the public interest and to secure compliance with requirements specified in this
ordinance. In all cases in which special use permits are granted, the City Council may require such evidence
• and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith.
4. Resubmission
No application for a special use permit which has been denied by the City Council shall be resubmitted for a
period of twelve (12) months from the date of the final determination by the City Council; except that the
applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to
gain the consent of the City Council for resubmission at an earlier time.
5. Revocation and Extension of Special Use Permits
When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall
expire without further action by the Planning Commission or the City Council unless the applicant or his
assignee or successor commences work upon the subject property within one year of the date the special use
permit is granted, or unless before the expiration of the one year period the applicant shall apply for an
extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use
Permit" application requesting such extension and paying an additional fee in an amount as set forth by the
City Council resolution.
Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire
within one year of the effective date of this ordinance if construction upon the subject property pursuant to
such special use permit has not commenced within that time.
In any instance where an existing and established special use is abandoned for a period of one eyar, the special
use permit related thereto shall expire one year following the date of abandonment.
•
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gift shops, book and stationery shops, tobacco shops,
4, Retail food shops, g pp equipment,
accessory eating establishments, sale an d service of office story supply
office buildings
multi
newsstands and similar accessory retail shops within that there is no associated
over 40,000 sq. f in gross floor area, p out or
signery visible from the exterior of the building; there is no carry-
delivery of food from the lot; and the total flod floor area of the build within a
building shall not exceed 10% of the total gro
to the aforementioned uses as determined by the City
t. Other uses similar in nature
Council.
limited t f banks and savings and
U. Financial institutions including, but not
loan associations.
V. Drop -in child care centers licensed by the Minnesota Department s said license l and
pursuant to a valid license application, provide p
application shall be submitted annually to the City.
W. Leasing offices, provided there is no storage or display of products on the use site.
X. Libraries and ar t galleries.
2 SRequirem
•
a. I See Section 35 -411 of these ordinances.
3 e Special Uses
a. Accessory off -site parking
not located on the same property with the principal use,
subject to the provisions of Section 35 -701.
b. Group day care facilities provided that such developments, in each specific case, are
demonstrated to be:
1 Compatible with existing adjacent land uses as well as with those uses
permitted in the C1 district generally.
2. Complementary to existing adjacent land uses as well as to those uses
p utted in the C1 district generally.
to permitted
C1 district land uses with respect to
3 Of comparable intensity p
activity levels.
35 -31 City Ordinance
City of Brooklyn Center
r.
to assure that generated traffic will be within the capacity
i 4 planned and designed act upon those
of available public facilities and will not have an adverse imp P c
facilities, the immediate neighborhood, or the community-
is g enerated by other uses on the site will not pose a danger to children T .
5.
Traff g
served by the day care use. {
t..
a nd further provided that the special requirements set forth in Section 35-4 are
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adhered to
decorat
C. Instructional ing, dancing and the like and
uses for art, music, photography, t
studios for like activity. '
Educational uses including post secondary schools, business schools, trade schools and
d.
the like, but excluding public and p rivate elementary and secondary schools (K -12).
Section 35 -321. C1A SERVICE /OFFICE DISTRICT.
1. Permitted Uses (No height limitation)
a. All of the permitted uses set forth in Section 35 -320 shall be permitted in a building or
establishment in the CIA district.
2. Special Requirem
a. See Section 35-411 of these ordinances.
3, Special Uses
ated on the same property with the principal use,
a. Accessory off -site parking not loc
subject to the provisions of Section 35 -701.
b.
All of the special uses set forth in Section 35 -320 shall be allowed by special use
permit in the C 1 A district.
Section 35 -322. C2 COM ERCE DISTRICT.
1, permitted Uses
i a. The retail sale of food.
City of Brooklyn Center
35 -32 City Ordinance
Section 35 -411. SPECIAL REQUIREMENTS IN C1 AND CIA DISTRICTS.
1. All storage, display, service, repair or processing shall be conducted wholly within an
enclosed building. Semi - trailers may not be used for the out of door storage of
materials, equipment, merchandise, inventory, etc.
ted in 2. Incineration of waste materi al shall be condu d. p E ui entshall be conside d
the building wherein the permitted use is conduct q P
"approved" when approved by the zoning official and sanitarian.
3. Where a C1 or CIA development abuts an Rl,
R2 or R3 district other than at a public
street line, buffer provisions shall be established. f Th e or s ha ll all or pr
approved
strip not less than 15 feet wide with an opaque off- street
substitute. The protective driveways Y strip shall not be used for parking,
loading or storage and shall be landscaped. The screening device design must be
approved by the City Council as being in harmony with the residential neighborhood
and providing sufficient screening of the C 1 or na area within 10 0 feet of any street
shall be no less than four feet in height and shall ex
right -of -way.
4. No building permit shall be issued until a site and parking dlayout ln 35 feet of any appro
or as
provided in Section 35 -230. No parking shall be permitted
thoroughfare right -of -way or within 15 feet of any other right -of -way and the 35 foot or
15 foot area shall be maintained as a green strip.
The site layout shall include an underground lawn sprinkler system to facilitate
maintenance of site landscaping and green areas.
5. On developments of sufficient magnitude so as to n p lans for such utilities shall
main, storm sewer, or storm drainage facilities cons , p a civil engineer registered in
be designed by and installed under the supervisions f roved b the City Engineer. ti ln
State of Minnesota and shall be submitted to and pp Y
cases where on -site utilities construction is required, the land owner or developer shall
which
enter into a utilities maintenance and msp o c enter theedevelopment to a ment with the
agreement shall grant the City the righ
maintenance, inspection or repairs that are in the public interest.
City of Brooklyn Center
35 -59 City Ordinance •
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care facilities, outside recreational facilities shall be
i 6. In the case of group day<
appropriately separated from the par and driving areas by a wood fence not less r
than four feet in height; or a Council approved substitute; shall be located contiguous to
the day care facility; shall not be located in any yard abutting a major thoroughfare'
0, Footnote 10; shall not
unless buffered by a device set forth in Section 35 -40 have 60 t '
Playground area; and shall extend at least 60 t . „.
impervious surface for more than half the playgr line, whichever is less, or
feet from the wall of the building or to an adjacent property
azkin and driving areas. �.
shall be bounded on not more than two sides by p g
7. Nursing care homes shall provide one six inch diameter tree per 14 beds. Tree species
shall be long
-lived hardwood. Si inch and larger trees existing on the site may be
credited toward this requirement.
Section 35 -412. SPECIAL REQj]IREIaNTS IN C2 DISTRICTS.
an
storage, display, service, repair or processing shall be conducted feet lily w ithin or high
I' All g ' a ue fence or wall not less than
enclosed building or behind an op q
enough to completely screen the storage or other activ d for the out of door storage of
property at ground level. Semi - trailers may noe berme outdoor storage of merchandise
materials, equipment, merchandise, inventory,
during business hours on a private pedestrian walkway located contiguous to the
ply to
P
teary building is not prohibited by this section. Toto re
vehicles or h rnarine craft for
the out of door storage and display of new and used m to the
which a special use permit has been issued. Neither shall h for which a special use
out of door retail sale of food at drive- td eating
es tabl i shments
ermit has been issued. Temporary outdoor storage and display of merchandise maybe
P
allowed by permit p ursuant to Section 35 -800 of this ordinance.
cineration of waste matter shall be conducted in approved equipment located within
2. In ment shall be considered
the building wherein the permitted use is conducted. Equip
"approved” when approved by the zoning official and sanrtanan'
3.
Where a proposed C2 development abuts an R1, R or R3 district other than at a public
street line, buffer provisions shall be established. stn S halbno b used for parking,
strip of not less than 35 feet in width. The protective p
driveways, off -street loading or storage and shall be landscaped. The landscape
fain an opaque fence or wall d by which shall not extend within 1 C�melet Of
treatment shall con P
any street right -of -way. The fence or wall design must be approve e gg Sufficient
bei
n harmony with the residential neighborhood and ht feet in height. The
t as g
screening of the commercial area. The es othe than the approved fence or wall.
protective strip shall contain n
•� 35 -60
City Ordinance
City of Brooklyn Center