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HomeMy WebLinkAbout2016-077 CCRMember Kris L awrence _An d ersoWtlothlced the following resolution and moved its adoption: RESOLUTION NO. 2016- RESOLUTION REGARDING THE DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2016-005 SUBMITTED BY PARENTS IN COMMUNITY ACTION, INC. FOR SPECIAL USE PERMIT TO OPERATE A LICENSED DAYCARE AND EARLY CHILDHOOD EDUCATIONAL FACILITY IN THE C-i SERVICE/OFFICE DISTRICT, LOCATED AT 6415 BROOKLYN BOULEVARD WHEREAS, Planning Commission Application No. 2016-005 submitted by Parents in Community Action, Inc. ("Applicant") proposes a Special Use Permit to operate a licensed Daycare and Early Childhood Educational Facility in the C-i Service/Office Zone, located at 6415 Brooklyn Boulevard, ("Subject Property"); and WHEREAS, the Subject Property is situated in the C-i Service/Office District and pursuant to City Code Section 35-320, Subdivision 3.b, " Group daycare facilities" are listed as special uses in the C-i zoning district"; and the Applicant has submitted such application to the City of Brooklyn Center for official consideration under Planning Application No. 2016-005; and WHEREAS, the Planning Commission held a duly noticed and called public hearing on May 12, 2016,. whereby a city planning staff report was presented, and public testimony regarding the special use permit were received and noted for the record; 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. WHEREAS, the Planning Commission determined that Planning Application No. 2016-005 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 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 diminishes and impairs 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. 2016-77 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. 2016-04, which provides a favorable and unanimous recommendation to the City Council that Planning Application No. 2016-005, a Special Use Permit to operate a licensed Daycare and Early Childhood Educational Facility in the C-i Service/Office Zone, located at 6415 Brooklyn Boulevard, may be approved with certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that a the Special Use Permit to operate a licensed Daycare and Early Childhood Educational Facility in the C-i Service/Office Zone, located at 6415 Brooklyn Boulevard is hereby approved, subject to the following conditions: The Special Use Permit is granted for a group daycare and early childhood/Head-Start educational facility, subject to the granting of a license for this operation by the Minnesota Department of Human Services. The applicant shall show proof of this licensing and have a current copy of said license on file with the city. 2.The daycare facility as proposed by the Applicant meets the Standards for Special Use Permits contained in Section 35-220, Subdivision 2b of the Zoning Ordinance. Furthermore, the proposal is considered to be compatible with, complimentary to and of comparable intensity to uses allowed in the C-i zoning district and that the proposal is planned and designed to assure that generated traffic will be within the capacity of available public facilities and will not have an adverse impact upon these facilities, the immediate neighborhood or the community. 3.The Applicant must provide evidence of a recorded deed restriction; or prepare and record a new joint parking agreement between PICA and the current owners of the neighboring property located at 6437 Brooklyn Boulevard. 4. The Applicant acknowledges the future potential impact of the raised, center median traffic control devise to be installed under the future Brooklyn Boulevard Corridor Roadway Improvements by Hennepin RESOLUTION NO. 2016-77 County and City of Brooklyn Center, tentatively scheduled for Year 2021, or thereafter. 5.The Special Use Permit is subject all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. 6.All new or replaced signage for the Subject Property must comply with the standards and provision set forth under City Code Chapter 34-Signs. 7.Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this Special Use Permit. 8.The play area shall be provided in a manner consistent with Section 35- 411, Subdivision 6 of the city's zoning ordinance and be continually maintained in this manner. 9.The required 6 ft. high opaque screening required along the south property line shall be repaired or replaced, and maintained in a manner consistent with the requirements of the city ordinance. 10.Any plans for remodeling and occupancy of this building are subject to approval of the Building Official and/or Fire Chief prior to the issuance of any licenses or permits. May 23, 2016 A71 7 / / f;-'4 - Date Mayor ATTEST: S 1bM& City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member April Graves and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Myszkowski, Dan Ryan and the following voted against the same: whereupon said resolution was declared duly passed and adopted.