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HomeMy WebLinkAbout1987 06-11 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 REGULAR SESSION JUNE 11, 1987 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairman George Lucht at 7:32 p.m. ROLL CALL Chairman George Lucht, Commissioners Wallace Bernards, Lowell Ainas, and Ann Wallerstedt. Also present were Director of Planning and Inspecton Ronald Warren and Mary Lou Larsen, Recording Secretary. Chairman Lucht noted that Commissioners Carl Sandstrom and Molly Malecki were unable to attend this evening's meeting and were excused, and that Commissioner Mike Nelson would be late. APPROVAL OF MINUTES - May 21, 1987 Motion by Commissioner Ainas seconded by Commissioner Bernards to approve the minutes of the May 21, 1987 Planning Commission meeting as submitted. Voting in favor: Chairman Lucht, Commissioners Bernards, and Ainas. Voting against: none. Not voting: Commissioner Wallerstedt, as she was not in attendance at that meeting. The motion passed. APPLICATION NO. 87009 (Independent School District No. 279) Following the Chairman's explanation, it was noted the applicant was not present and the Commission should move on to the discussion item. DISCUSSION ITEM a) Regulations Concerning Nursing Homes The Secretary reviewed a memo from Sanitarian Tom Heenan regarding repealing the Nursing Home Ordinance because Minnesota Statutes 144.653 makes the State Health Department the exclusive State agency for the regulation of nursing homes. He stated that the Santarian's office does license and inspect the food service in nursing homes. The Sanitarian also recommends that landscaping should be included in the conditions for the special use permit. The Secretary stated that Brooklyn Center has only one nursing home which has been licensed under City Ordinances in the past. The City is not, however, pursuing licensing for 1987. The Secretary suggested an amendment to Chapter 23 of the City Ordinances regarding nursing homes. Commissioner Nelson arrived at 7:45 p.m. Further discussion ensued regarding nursing homes. Density requirements were reviewed by the Secretary and it was noted a minimum of 1 acre of land is required for every 50 beds. Also, there should be adequate open space provided on the site. The Secretary asked for direction from the Commission as to how to proceed with the sanitarian's request. Chairman Lucht asked where this would be defined in Chapter 35. Commissioner Wallerstedt asked for clarification for the definition of 6-11-87 -1- boarding care site. The Secretary stated that boarding care is generally a group home facility. Group homes are also required to be licensed by the State. He explained that group homes are regulated by the City under the Housing Maintenance and Occupancy Ordinance. Commissioner Bernards inquired what problem prompted the Sanitarian's memo. The Secretary stated that the City was pursuing the licensing of the nursing home under City Ordinances when the Sanitarian advised that State Statutes preempted the City licensing provisions and recommended repeal of the ordinance. Commissioner Ainas stated nursing homes should be regulated in the Zoning Ordinance and agreed that repealing the ordinance would satisfy the Sanitarian's request, but legislation would be a better way to address nursing homes. It was the consensus of the Commission to direct staff to draft an ordinance amendment incorporating density and open space provisions for nursing homes under the Zoning Ordinance. APPLICATION NO. 87009 (Independent School District No. 279) Following the discussion item, the Secretary introduced the first item of business, a request for special use permit approval to operate a child care program for ages K through 4th grade during early morning and late afternoon hours at the Cross of Glory Church, 5929 Brooklyn Boulevard. The Secretary reviewed the staff report (see Planning Commission Information Sheet for Application No. 87009 attached). It was noted by the Secretary that Condition No. 5 should read the applicant, notrthe church, shall obtain a food establishment license prior to the-'issuance of the special use permit. A memo from the Building Inspector regarding his recommendations was also reviewed. The Secretary stated that a public hearing is required and notices have been sent to surrounding property owners. He also noted that the applicant was present to answer any questions. The Secretary explained that the children will be bussed from church to school and returned from school to the church. Commissioner Bernards asked if this would be for morning kindergarten, afternoon kindergarten, or both. The Secretary responded it would be for morning only. Commissioner Bernards asked if the day care center would be in operation on nonschool days. Chairman Lucht then called on the applicant to speak. Mr. Lee Skavanger, representing Independent School District No. 279, stated the child care center would be operated on nonschool days as well, and that during the summer months the program would be run out of the schools. He explained that they have 6 sites that have child care programs; three are in churches in Maple Grove and the other three are in District schools. Prinicipals from Garden City and Orchard Lane Schools requested this child care program. Mr. Skavanger stated there will be a number of activities provided: use of a computer, field trips on nonschool days (one each week) and open structure. With more and more working parents there is a need for good child care. Supervisors of this child care center are well qualified. He noted they may not be using the kitchen at Cross of Glory Church to provide meals for the children. Toasters and packaged foods may be used. The Secretary stated the decision of whether or not a food establishment license is needed would be left up to the City's Sanitarian. 6-11-87 -2- Mr. Skavanger stated there could be 30 to 45 children at one time in the day care center. The staff would consist of 1 to 12 employees, depending on the enrollment. Commissioner Bernards asked if all activities would be inside the church. Mr. Skavanger stated they may use the parking lot (in back of the school) for playground activities as the children do need to be out-of-doors for play. Commissioner Bernards agreed. PUBLIC HEARING Chairman Lucht then opened the meeting for a public hearing and asked if anyone present wished to speak regarding the application. William Clinton, of 5956 Admiral Lane, stated he was concerned about the traffic in the neighborhood resulting from parents dropping off and picking up the children. When there have been other activities at the church people park in the street instead of the church parking lot and have blocked his driveway so that he cannot get his car out. Another concern would be the possibility of the children running through the neighborhood. Mrs. Lorraine Clinton explained she also is concerned with traffic and inquired if they could have a "resident parking only" sign posted. She stated people coming to the church should use the parking lot instead of the street. The Secretary stated that it is very difficult to enforce resident only parking on City streets and that the City has not used this type of signing in the past. Commissioner Bernards asked Mr. Skavanger to communicate with parents in educating their children to respect property in the neighborhood around the church, and suggested that the parents of children in the program be advised of neighbor's concerns regarding parking on the street. Commissioner Wallerstedt stated the Clintons should be able to approach the applicant with future problems. Mr. Skavanger asked Mr. and Mrs. Clinton for their address and telephone number so he could communicate with them in the future regarding any concerns they may have. The Secretary stated that there appears to be ample on-site parking available in the church parking lot for activities conducted at the church. He noted that the problem really is that people want to park as close as possible to the building. In some cases it is more convenient for people to park on the streets, such as Admiral Lane and Ewing Avenue, than to park in the far extremes of the church parking lot. Signs indicating "no parking during church services" are posted in some areas. However, the only effective, enforceable method is to prohibit parking totally on these streets, which also becomes an inconvenience for the neighbors. He added that he did not believe the child care program would necessarily aggrevate the problem, but that the applicant should be responsible for responding to these concerns by pointing out the problems to the users of the program and seeing to it that it does not become a problem in the future. CLOSE PUBLIC HEARING Motion by Commissioner Nelson seconded by Commissioner Ainas to close the public hearing. Voting in favor: Chairman Lucht, Commissioners Bernards, Ainas, Nelson, and Wallerstedt. Voting against: none. The motion passed. ACTION RECOMMENDING APPROVAL OF APPLICATION NO. 87009 (Independent School District No. 279) Motion by Commissioner Nelson seconded by Commissioner Ainas to recommend approval of Application No. 87009 subject to the following conditions: 6-11-87 -3- 1. The standards for a special use permit are deemed to be met on the basis of the following: a) the proposed child care operation will enhance the general public welfare by providing needed child care services in a safe location. b) the proposed child care center should have no detrimental effect on adjacent properties. c) traffic entering and exiting the site are expected to travel predominately via Brooklyn Boulevard rather than local neighborhood streets. 2. The permit is issued to the applicant as operator of the facility and is nontransferable. 3• The permit is subject to all applicable codes, ordinances and regulations and any violation thereof shall be grounds for revocation. 4. The operation is limited to the main floor of the church building for reasons of exiting and fire safety. 5• The applicant shall obtain a food establishment license as determined by the Sanitarian prior to the issuance of the special use permit. 6. The applicant shall comply with all code requirements pertaining to exiting, etc. in the Building Inspector's memo of June 9, 1987 prior to issuance of the special use permit. Voting in favor: Chairman Lucht, Commissioners Bernards, Ainas, Nelson, and Wallerstedt. Voting against: none. The motion passed. A discussion ensued regarding upcoming business items for the July 16 Planning Commission meeting. ADJOURNMENT Motion by Commissioner Ainas seconded by Commissioner Nelson to adjourn the meeting of the Planning Commission. Voting in favor: Chairman Lucht, Commissioners Bernards, Ainas, Nelson, and Wallerstedt. Voting against: none. The motion passed. The Planning Commission adjourned at :28 p.m. V�f hai 6-11-87 -4-