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HomeMy WebLinkAbout2014-095 CCR Member Carol Kleven introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-95 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-012 SUBMITTED BY SPIRITUAL LIFE MINISTRIES FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAY CARE FACILITY IN THE Cl (SERVICE/OFFICE) DISTRICT FOR THE PROPERTY LOCATED AT 6865 SHINGLE CREEK PARKWAY (SPIRITUAL LIFE CHURCH) WHEREAS, Planning Commission Application No. 2014-012 submitted by Spiritual Life Ministries ("Applicant") proposes a Special Use Permit allowing a Group Day Care Facility within the Spiritual Life Church, located at 6865 Shingle Creek Parkway ("Subject Property");and WHEREAS, the Subject Property is situated in the Cl (Service/Office) District and pursuant to City Code Section 35-320; Subpart 3, Group Day Care Facilities are only allowed by means of special use permit in all C 1 Districts, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No.2014-012;and WHEREAS, the Planning Commission held a duly noticed and called public hearing on June 25, 2014, whereby a planning staff report was presented and public testimony regarding the special use permit were received;and WHEREAS, the Planning Commission recommends to the City Council that Planning Application No. 2014-012, submitted by Spiritual Life Ministries, may be approved based upon the guidelines and standards for granting a special use permit, as contained in Section 35-220 have been met,which are noted as follows: 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. RESOLUTION NO. 2014-95 E. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. AND WHEREAS, in light of all testimony received, and evaluating the guidelines and standards for granting a special use permit as contained in Section 35-220 of the City's Zoning Ordinance, along with the acknowledgment this special use permit request complies with the general goals and objectives of the City's 2030 Comprehensive Plan, the Planning Advisory Commission of the City of Brooklyn Center did determine that Planning Application No. 2014-012 may be approved; and adopted Planning Commission Resolution No. 2014-13, which provides a favorable and unanimous recommendation to the City Council that this Special Use Permit be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that Planning Commission Application No. 2014-012, submitted by Spiritual Life Ministries requesting approval of a Special Use Permit allowing a Group Day Care Facility within the Spiritual Life Church, located at 6865 Shingle Creek Parkway is hereby approved,subject to the following conditions: pp J g 1) The Special Use Permit is granted for a group daycare or childcare facility to provide temporary care of no more than 65 children, which is subject to the granting of a license by the Minnesota Department of Human Services. The Applicant shall submit a copy or proof of this licensing to the City. 2) Any expansion or alteration of the proposed group day care use beyond that contained in this submittal and approved under the proposed city council resolution, including any increase to the number of children to be cared for under this permit and Minn. DHS license shall require an amendment to the Special Use Permit. 3) The Special Use Permit and the related Group Day Care facility are subject to all applicable building codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 4) The playground must be enclosed with a 5 ft. vinyl coated chain link fence, which is hereby considered a suitable material, and must maintain a minimum 4-foot high enclosure as measured from the top level of the playground's plastic play-curbs. 5) No outdoor music or loud speakers will be allowed in and around the outdoor playground area; the playground shall be monitored by the required number of adult leaders under the State DHS license; and the RESOLUTION NO. 2014-95 playground must be well maintained and secured during off hours of operations. 6) The Applicant must ensure that the playground area drains properly or provide measures or drainage devices that ensure positive drainage. 7) Children being dropped off or utilizing the childcare facility shall always be escorted by a parent or adult when entering or exiting the church facility. 8) Any playground curbing materials, play structures, fencing and/or concrete curb barricades damaged or destroyed due to accidents or natural events shall be replaced immediately. 9) Approval of the special use permit does not authorize additional signage other than that allowed for under City Code Chapter 34 — SIGNS. No banners or temporary signs will be allowed. July 14,2014i�% L Date Mayor ATTEST: Imam City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kris Lawrence-Anderson;; Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.