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HomeMy WebLinkAbout2014-154 CCR Member Lin Myszkowski introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-154 RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2014-016 SUBMITTED BY BROOKLYN CENTER SCHOOLS - ISD #286 FOR A SPECIAL USE PERMIT TO OPERATE A GROUP DAY CARE FACILITY IN THE C2 (COMMERCE) DISTRICT, LOCATED AT 5910 SHINGLE CREEK PARKWAY WHEREAS, Planning Commission Application No. 2014-016 submitted by Brooklyn Center Schools-ISD #286 ("Applicant") proposes a special use permit allowing a Group Day Care Facility, within the Minnesota School of Business building site, located at 5910 Shingle Creek Parkway ("Subject Property"); and WHEREAS, the Subject Property is situated in the C2 (Commerce) District and pursuant to City Code Section 35-322; Subd. 3.q, Group Day Care Facilities are only allowed by means of special use permit in the C2 Districts, and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2014-016;and WHEREAS, on November 13, 2014, the Planning Commission held a duly noticed and called public hearing, whereby a planning staff report was presented and public testimony regarding the special use permit were received; and WHEREAS, the Planning Commission considered the Special Use Permit request in light of all testimony received, the guidelines and standards for evaluating this special use permit contained in Section 35-220 of the City's Zoning Ordinance, and the request complies with the general goals and objectives of the City's 2030 Comprehensive Plan; and WHEREAS, the Planning Commission determined that Planning Application No. 2014-016 may be approved based upon the standards used to determine and approve a special use permit appear to 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. RESOLUTION NO. 2014-154 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. AND WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2014-17, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2014-016, a special use permit allowing a Group Day Care Facility at 5910 Shingle Creek Parkway, as submitted by Brooklyn Center Schools - ISD No. 286 may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that the Special Use Permit allowing a Group Day Care Facility within the Minnesota School of Business site, located at 5910 Shingle Creek Parkway, is hereby approved subject to the following conditions: 1) The Special Use Permit is granted to Brooklyn Center Schools - ISD No. 286 only, to be used for a group daycare or childcare facility to provide on- site child care of no more than 40 children, which is subject to the granting of a license by the Minnesota Department of Human Services. Brooklyn Center Schools 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 that allows this group day care facility, along with the associated (but permitted) alternative learning center use, are subject to all applicable building codes, ordinances and regulations. Any violation thereof may be grounds for revocation of this special use permit. 4) The playground must be enclosed with a minimum 5-foot high fenced enclosure with appropriate child-safe locked gates as necessary. 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. 2014-154 playground must be well maintained and secured during off hours of operations. 6) Brooklyn Center Schools and/or operators of the group day care will ensure that children being dropped off or utilizing the childcare facility shall always be escorted by a parent or adult when entering or exiting the facility. 7) 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. November 24 2014 Date Mayor ATTEST: Ufty Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Carol Kleven 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.