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HomeMy WebLinkAbout2018 11-15 PCPAT THE CENTER // if I `� " \ PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER November 15, 2018 Regular Session 1. Call to Order: 7:00 PM 2. Roll Call 3. Approval of Regular Meeting Agenda Motion to Approve Planning Commission Meeting Agenda for November 15, 2018 4. Approval of Minutes Motion to Approve Planning Commission Meeting Minutes for October 25, 2018. 5. 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. 6. Planning Items a. Planning Commission Application No. 2018-019 (Public Hearing) Applicant: Mohamed Tababouanga Albert Project Address: 5615 Brooklyn Boulevard Summary: The Applicant is requesting approval of a Special Use Permit to allow for the establishment of an adult daycare facility within an approximately 4,033 -square foot portion of an existing two-story multi -tenant building. 7. Discussion Items a. City Council Meeting Updates (November 13, 2018) b. Cancellation of Planning Commission Meeting (November 29, 2018) C. Planning Commissioner Terms—Upcoming Term Expirations/Reappointments 8. Other Business None. 9. Adjournment MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA OCTOBER 25, 2018 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:04 p.m. 2. ROLL CALL Chair Randall Christensen, Commissioners Jack MacMillan, Stephen Schonning, and Rochelle Sweeney were present. Commissioners Alexander Koenig and Susan Tade were absent and excused. Commissioner Abraham Rizvi was absent and unexcused. City Planner and Zoning Administrator Ginny McIntosh, and Selina Pesta of TimeSaver Off Site Secretarial, Inc. were also present. 3. APPROVAL OF AGENDA — OCTOBER 25, 2018 There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to approve the agenda for the October 25, 2018 meeting as submitted above. The motion passed unanimously. 4. APPROVAL OF MINUTES — SEPTEMBER 13, 2018 There was a motion by Commissioner Sweeney, seconded by Commissioner MacMillan, to approve the minutes of the September 13, 2018 meeting as submitted above. The motion passed unanimously. 5. CHAIR'S EXPLANATION Chair Christensen explained the Planning Commission's role as 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. 6. PLANNING APPLICATION ITEMS 6a) Planning Commission Application No. 2018-017 (Public Hearing) Applicant: Simone Chambliss (Jambo Africa, Inc.) Project Address: 1601 Freeway Boulevard Summary: The Applicant is requesting approval of a Special Use Permit to allow for live entertainment within an existing 6,200- square foot restaurant. PC Minutes 10-25-18 -1- DRAFT Chair Christensen introduced Application No. 2018-017, consideration of a Special Use Permit to allow for live entertainment within an existing 6,200 -square foot restaurant, and located at 1601 Freeway Boulevard (See Planning Commission Report dated 10-25-2018 for Application No. 2018-018.) City Planner and Zoning Administrator Ginny McIntosh introduced the item, reviewed the background, and presented the request. Ms. McIntosh also described Jambo Africa as being located within the C2 Commerce District, and outlining that while Section 35-322 (C2 Commerce District) allows for eating establishments as a permitted use, eating establishment with live entertainment require the issuance of a Special Use Permit. Ms. McIntosh explained the standards of a Special Use Permit and gave an overview of the restaurant, indicating where the bar, stage, and dance area are located. Ms. McIntosh stated that, following a review of the application and the standards for issuance of a Special Use Permit, as identified under Section 35-220, City Staff recommends the Planning Commission provide a recommendation to the City Council for approval of Planning Commission Application No. 2018-017, for the Subject Property located at 1601 Freeway Boulevard, so long as the Applicant complies with the conditions noted in the Planning Commission report and resolution. Chair Christensen asked if the Applicant wished to step forward and make a statement or add anything to the staff presentation. Simone Chambliss of Jambo Africa Inc, thanked the Commission and gave background on her restaurant, Jambo Africa. Ms. Chambliss stated she believes she is doing a great thing for the diverse community of Brooklyn Center, especially for immigrants in the community. Ms. Chambliss also stated she would like all families to come into her establishment and enjoy themselves at her establishment. OPEN TO PUBLIC COMMENTS — APPLICATION NO. 2018-017 Chair Christensen recognized residents in the audience who wished to speak on this matter and called for comments from the public. There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2018-017 at 7:17 p.m. The motion passed unanimously. One resident spoke in support of the proposed issuance of a Special Use permit, and another individual, a business owner located in the light industrial park to the north along Freeway Boulevard, expressed support so long as restaurant customers did not park in his parking lot after hours. He expressed concerns about customers jaywalking across Freeway Boulevard and noted concerns about liability should customers park in his lot and an incident or an accident occur. Ms. Chambliss asked if customers could park in the lot if she provided insurance. The business owner stated he would not like them parking there due to the busy road and the potential of trash being left in the lot. PC Minutes 10-25-18 -2- DRAFT MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to close the public hearing on Application No. 2018-017. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Commissioner MacMillan asked if the City allowed for the former Earle Brown Bowl, located at 6440 James Circle North, to have live entertainment as part of their proposed event center operation. Ms. McIntosh stated that they did, but only through issuance of a Special Use Permit. Commissioner Schonning asked the Applicant what type of African food is served at the establishment. Ms. Chambliss addressed this question by letting the Commission know she serves both East and Western African food, and specifically Liberian and Kenyan cuisine. Chair Christensen asked about traffic and parking, stating that he has driven past the building with a full parking lot. He also stated his concern with the door near the stage and the possibility of customers spilling into the parking lot. Ms. Chambliss stated that this door is not the main door, but only present for emergencies. The main door is located on the east side of the property and faces James Circle North. Chair Christensen asked the Applicant the hours of operation on Sunday. Ms. Chambliss stated that the band she intends to hire on a regular basis would stop at 10:00 p.m. on Sundays. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2018-018 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-017 SUBMITTED BY SIMONE CHAMBLISS OF JAMBO AFRICA, INC. There was a motion by Commissioner Schonning, seconded by Commissioner Sweeney, to approve Planning Commission RESOLUTION NO. 2018-018. Voting in favor: Chair Christensen, and Commissioners MacMillan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its November 13, 2018 meeting. The Applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. PC Minutes 10-25-18 -3- DRAFT 6b) Planning Commission Application No. 2018-018 (Public Hearing) Applicant: Jim Langevin (on behalf of Brooklyn Center Community Schools) Project Address: 5951 Earle Brown Drive Summary: The Applicant is requesting approval of an Interim Use Permit that would allow for the temporary relocation of the Brooklyn Center STEAM High School to a C2 (Commerce) District zoned property within the Central Commerce Overlay District through September 2020. This request is associated with previously approved plans to remodel interior and exterior portions of the existing Brooklyn Center STEAM Middle and High School property, located at 6500 Humboldt Avenue North. Temporary relocation of the High School would allow for a more efficient construction timeline and cause less of an impact on the student learning environment. Approval of the requested Interim Use Permit requires that certain Zoning Amendments be made in conjunction with this request to allow for the temporary school use. Chair Christensen introduced Application No. 2018-018, consideration of an Interim Use Permit, and located at 5951 Earle Brown Drive. (See Planning Commission Reports dated 10- 25-2018 for Application No. 2018-018.) Ms. McIntosh introduced the item, reviewed the background, and presented the request. Ms. McIntosh stated that, currently, elementary and secondary educational uses are not permitted in the C2 or Central Commerce Overlay Districts. On October 22, 2018, the City Council adopted interim regulations through approval of a resolution to allow the Applicant time to work through the City approval process. This was determined through previous conversations at a City Council Work Session on October 8, 2018, which provided an initial outline of the Applicant's request to temporarily relocate the Brooklyn Center STEAM High School to a C2 -zoned property located in the Central Commerce Overlay District. Assuming the Planning Commission allows the request to proceed on to City Council, the Council will review the Interim Use Permit (IUP) request and hold a first reading for the requested amendments to the Zoning Ordinance to allow for temporary school uses in the C2 (Commerce) District and Central Commerce Overlay District at their November 13, 2018 meeting. The amendments would also provide clarification to existing language that addresses temporary school buildings in the R1 (One Family Residence) District by simplifying and relocating the language to a new section, Section 35-430 (Temporary School Uses), which would be added to the Zoning Ordinance. Assuming these item requests move forward, the City Council would likely hold the second reading and public hearing for the amendments to the Zoning Ordinance at their December 10, 2018 meeting. Ms. McIntosh noted that, as is outlined in the draft Section 35-430 language, included with the Planning Commission Report, the Applicant needs to provide information on PC Minutes 10-25-18 -4- DRAFT where the school will be located, the transportation plan, the number of staff and students, and a parking and circulation plan. Ms. McIntosh also noted that the reason to have a temporary school at that location, the length of its use, and any interior or exterior modifications, need to be provided. Ms. McIntosh walked the Commissioners through the proposed plans to temporarily relocate the High School to the Subject Property and outlined specific comments from Building Official Dan Grinsteinner and Assistant City Engineer Andrew Hogg that need to be addressed as part of any approval. Ms. McIntosh stated City Staff recommends the Planning Commission provide a recommendation to the City Council to approve Planning Application No. 2018-018 for the Subject Property located at 5951 Earle Brown Drive, so long as the Applicant complies with the conditions noted in the Planning Commission report and resolution. Chair Christensen asked if the Applicant wished to step forward and make a statement or add anything to the staff presentation. Jim Langevin of Brooklyn Center Community Schools addressed the request to issue an Interim Use Permit that would temporarily relocate the Brooklyn Center STEAM High School. OPEN TO PUBLIC COMMENTS — APPLICATION NO. 2018-019 Chair Christensen recognized residents in the audience who wished to speak on this matter, and called for comments from the public. There was a motion by Commissioner MacMillan, seconded by Commissioner Sweeney, to open the public hearing on Application No. 2018-018 at 8:00 p.m. The motion passed unanimously. There were no other individuals in attendance who wished to make comments at this time. MOTION TO CLOSE PUBLIC COMMENTS (HEARING) There was a motion by Commissioner Sweeney, seconded by Commissioner Schonning, to close the public hearing on Application No. 2018-018. The motion passed unanimously. Chair Christensen called for questions and comments from Commissioners. Commissioner MacMillan asked if there will be security at this location. Mr. Langevin stated there will be a single entrance and will provide the same amount of security that is at the current school. Chair Christensen addressed parking and traffic and whether there will be a semi -permeant sign going up at the location. Mr. Langevin stated there will be a sign added on the current multi - tenant panel sign at the location. This sign will be taken down after completion of the school. PC Minutes 10-25-18 -5- DRAFT Commissioner Schonning asked if there will be shuttles provided to the students. Mr. Langevin noted that students will only attend core classes at this location. Other elective classes will be taken at the main school where the gym, auditorium, and other facilities will remain. Mr. Langevin stated a transportation manager is currently working on a shuttle route. Commissioner Schonning asked how lunch will be prepared for students at the Subject Property location. Mr. Langevin stated lunches will be prepped at the current school and boxed over to the new location. The Commissioners interposed no objections to approval of the Application. ACTION TO RECOMMEND APPROVAL OF PLANNING COMMISSION RESOLUTION NO. 2018-019 REGARDING THE RECOMMENDED DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 2018-019 SUBMITTED BY JIM LANGEVIN ON BEHALF OF BROOKLYN CENTER COMMUNITY SCHOOLS. There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to approve Planning Commission RESOLUTION NO. 2018-019. Voting in favor: Chair Christensen, and Commissioners MacMillan, Schonning, and Sweeney. And the following voted against the same: None The motion passed unanimously. The Council will consider the application at its November 13, 2018 meeting. The Applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. 7. DISCUSSION ITEMS 7a) City Council Meeting Updates (September and October 2018) Ms. McIntosh presented actions taken at the last City Council meeting including the addressing of the T-21 ordinance and backyard chicken ordinance. Additional items discussed include changes to the rental ordinance. 7b) Upcoming Planning Commission Items Commissioner MacMillan addressed permit fees within the City. Commissioner MacMillan analyzed permit fees for planning applications in surrounding areas and believes Brooklyn Center is charging too high of fees in some instances. Commissioner MacMillan would like to see the City review permit fees. Ms. McIntosh indicated that permit fees have been on staff's radar. They will likely be bringing forward a discussion on the updating of permit fees in the beginning of 2019. PC Minutes 10-25-18 -6- DRAFT 8. OTHER BUSINESS Commissioner MacMillan inquired as to whether Commissioner Rizvi's position would be opening due to regular, unexcused absences. Ms. McIntosh confirmed that she would be forwarding an updated attendance sheet for the Planning Commission on to the City Clerk and City Manager and would update the Commission once information is received on the position. There were no Other Business items. 9. ADJOURNMENT There was a motion by Commissioner MacMillan, seconded by Commissioner Schonning, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:36 p.m. Ginny McIntosh, Secretary Randall Christensen, Chair PC Minutes 10-25-18 -7- DRAFT Planning Commission Report Meeting Date: November 15, 2018 Application No. 2018-019 Applicant: Mohamed Tababouanga Albert Location: 5615 Brooklyn Boulevard Request: Special Use Permit for Adult Daycare Facility a p a K C Y a CENTER AT THE CEH'TER I/ + • Application Filed: 10/16/2018 • Review Period (60 -day) Deadline: 12/15/2018 • Extension Declared: N/A • Extended Review Period Deadline: N/A INTRODUCTION Mohamed Tababouanga Albert ("the Applicant") is requesting review and consideration of an application that would allow for the issuance of a Special Use Permit for the property located at 5615 Brooklyn Boulevard ("the Subject Property"). The Subject Property consists of an existing two-story, multi -tenant building that was constructed in 1987 and associated site improvements. The Applicant is the seeking to bring an adult daycare facility to Brooklyn Center. The Applicant is currently the owner and administrator of Serenity Home Health Care System, Inc, in Saint Paul, which provides home health care solutions to individuals including: personal and home care assistance, registered nursing services, and housekeeping. In reviewing previous requests for "adult daycares" it was determined that the use classification is similar in nature to that of a "group daycare facility," which is allowed by Special Use only in the C1 (Service/Office) District. Requests for issuance of a Special Use Permit require that a public hearing be scheduled. An Affidavit of Publication was received, confirming publication of a public hearing notice in the Brooklyn Center Sun Post on November 1, 2018 (Exhibit A). Mail notices were also sent out to property owners in accordance with Section 35-220 (Special Use Permits) of the Brooklyn Center Zoning Ordinance. Map 1. Subject Property Location (5615 Brooklyn Boulevard). App. No. 2018-019 PC 11/15/2018 Page 1 Photo Source: Arrow Companies and 42 Floors. App. No. 2018-019 PC 11/15/2018 Page 2 COMPREHENSIVE PLAN AND ZONING STANDARDS 2030 Land Use Plan: OS— Office/Service Business Neighborhood: Upper Twin Current Zoning: C1 (Service/Office) District Surrounding Zoning: North: C1 (Service/Office) District East: C2 (Commerce) District —Across Brooklyn Boulevard South: C1 (Service/Office) District West: C1 (Service/Office) District Site Area: Approximately 0.69 Acres SPECIAL USE PERMIT REVIEW Background on Adult Daycare Facility Use The C1 (Service/Office) District does not acknowledge "adult daycare" uses as a permitted or Special Use, nor is the use mentioned anywhere in the City Zoning Code. Minnesota State Statute defines "adult daycare center, adult day services center, or center" as, "a facility that provides adult day care or adult day services to functionally impaired adults on a regular basis for periods of less than 24 hours a day in a setting other than a participant's home or the residence of the facility operator." Further, Minnesota Statutes section 245A.02 (Definitions), subdivision 2a notes that "adult day care," "adult day services," and "family adult day services" mean a program, "operating less than 24 hours per day that provides functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining and improving the participants' capabilities for self-care. Adult day care, adult day services, and family adult day services do not include programs where adults gather or congregate primarily for purposes of socialization, education, supervision, caregiver respite, religious expression, exercise, or nutritious meals." Minnesota Statutes, section 245A.02, subdivision 7, defines "functional impairment" as follows: Subd. 7. Functional impairment. For the purposes of adult day care, adult day services, family adult day services, or adult foster care, "functional impairment" means: (1) a condition that is characterized by substantial difficulty in carrying out one or more of the essential major activities of daily living, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working; or (2) a disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life and that requires support to maintain independence in the community. Adult day centers are center -based facilities directly licensed by the Minnesota Department of Human Services (DHS) that provide adult day services to functionally impaired adults on a regular basis for App. No. 2018-019 PC 11/15/2018 Page 3 periods of fewer than 24 hours during the day in a setting that is not a residence. See Minnesota Rules, parts 9555.9600 to 9555.9730. These rule sets forth requirements governing: • The development of programming to respond to identified needs of the individual • Rights of people receiving services • Staff qualifications, orientation and training requirements • Service expectations to ensure health and safety of people receiving services • Policy and procedure requirements of the program Special Use Permit Request The Applicant is requesting approval of a Special Use Permit to allow for an adult daycare facility to occupy approximately 4,033 -square feet of the first floor in an existing 8,900 -square foot, two-story building located at 5615 Brooklyn Boulevard. According to Section 35-220 (Special Use Permits) of the City's Zoning Ordinance, "Special uses are those which may be required for the public welfare in a given district but which are, in some respects, incompatible with the permitted uses in the district. Before a building or premises is devoted to any use classified as a special use by this ordinance, a special use permit must be granted by the City Council." As "group day care facilities" have been identified as the most closely related use, Section 35-320 (Cl Service/Office District), Subsection 3 (Special Uses), notes that: 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 those uses permitted in the C1 district generally. 3) Of comparable intensity to permitted C1 district land uses with respect to activity levels. 4) 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 those facilities, the immediate neighborhood, or the community. 5) Traffic generated by other uses on the site will not pose a danger to children served by the daycare use. And further provided that the special requirements set forth in Section 35-411 (Special Requirements in C1 and C1A Districts) are adhered to. As is indicated in the language above, the "group daycare facilities" use is typically geared toward the more traditionally seen child daycare model. As was the case in the approval of the other adult day care facility in Brooklyn Center (Kashia Adult Day Services), which was approved of in 2003 and continues to operate today, the Applicant's submittal is similar in that their clients would not be suffering from severe medical problems and would utilize the adult day care for socialization opportunities, peer support, nutritional health, and other social services. The Applicant notes in a letter submitted to the City on October 12, 2018 (Exhibit B), that the adult daycare facility would be open from 9 a.m. until 5 p.m., Monday through Saturday. Clients would be App. No. 2018-019 PC 11/15/2018 Page 4 picked up from their homes and brought to the Subject Property. Per conversations with the Applicant, clients would be picked up by one of up to four 15 -seat transport vans, which would be parked on-site. The pick-up and drop-off times would vary, however, it is anticipated that the majority of pickups would occur between 9 a.m. and 10 a.m. and drop offs would occur between 3 p.m. and 5 p.m. Clients would have access to activities, such as exercising, tabletop games, conversations, reading, movies, etc., and would be provided with breakfast, lunch, and snacks throughout the day. The Applicant anticipates 10 to 15 clients to start, with a potential maximum occupancy of 50 clients. The Applicant also indicated that the intent is to have a minimum of two (2) nursing staff, with four (4) to six (6) aides, who would provide assistance to the nursing staff, serve as drivers, and work with clients throughout the day. The official maximum occupancy is to be determined by the City Building Official and authorized occupancy through licensing by the Minnesota Department of Human Services (DHS). The Applicant notes that, as clients would be brought by transport van to the Subject Property, the parking requirements would be less than that needed in a typical office setting. Assuming a total of six (6) aides and two (2) nurses, a total of eight parking spaces would be required for staff, as well as four parking spaces for the transport vans, for a total of 12 parking spaces. Per the site and building plans approved under Planning Commission Application No. 85013, 44 parking spaces and one (1) proof -of - parking stall west of the building, required to meet the minimum regular office parking requirement of 45 spaces, was outlined as a condition of approval. It was noted that the proof -of -parking space was to be installed upon a determination by the City that, "insufficient parking exists on the site." According to the Applicant, the only other occupant located within the building is Quantum Chiropractic Arts. Assuming the Applicant occupies the approximately 4,033 -square feet within the building, they would occupy approximately 43 percent of the building space. Based on a review of the Subject Property, the parking lot will need to be re -striped in order to comply with the minimum off-street parking requirements and to verify the property meets minimum parking standards and address minimum ADA parking requirements, which require the presence of two (2) ADA stalls. Image 2. Interior Layout of Subject Property (5615 Brooklyn Boulevard). I '2 2.� Suite 106 NURSE OFFICE �TMAI,OFFIGF. I, DINING AREA MEETING ROOM f 1 G' I�l 10 -MWSLOUNGE ' N81Di1NGE AREA ME DINWG AREA I t �S\ AREA 13� Confereno 1 1I iuP I Room I m u IIIj� Suite 101 :FIF,S S,ORKOUT o0 12' .AREA i3� m W 1 1 II.ALLIVAI U cwt+ ' WOMEN'S WORKOUT 1 _ AREA 1 z rZ Suite 100 uite �II ! W 33, DINING AREA WOMEN'S N'APING y AREA l�y WOMEN'S LOLRIGE 1�1 DININGAREA WOMEN'S LODNGE _ Acca AREA / DENING AREA '2 2.� Suite 106 NURSE OFFICE �TMAI,OFFIGF. I, DINING AREA MEETING ROOM f 1 G' I�l 10 AREA DINWG AREA 1-71 DINING AREA App. No. 2018-019 PC 11/15/2018 Page 5 Per the Standards of 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: 1. 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. The Applicant has noted that it is not his intent to endanger the public health, safety, morals, or comfort of his intended clients or the general public. As adult daycare uses are licensed through the Minnesota Department of Health (DHS), the use is conditional upon receiving approval from the State to operate at the Subject Property and ensuring all outstanding comments identified by the City Building Official, Fire Inspector, and Assistant City Engineer are addressed. Prior to applying for the Special Use Permit, the Applicant contacted the City Building Official and met the Building Official and Fire Inspector on-site to go over areas of concern relating to building ingress/egress, the installation of a kitchenette (to be further addressed by the Hennepin County Health Department), and the on-going monitoring and maintenance of a fire sprinkler system within the building. As clients would not be driving to and from the Subject Property, safety is taken into account by having the clients picked up at their respective residences and dropped off at the front entry by a transport van. Clients would be supervised throughout the day by staff and the facility would typically be open Monday through Saturday during the daytime hours of 9 to 5 p.m. The use is intended to provide functionally impaired adults with an individualized and coordinated set of services including health services, social services, and nutritional services that are directed at maintaining and improving the participants' capabilities for self-care. The centralized location also allows clients a place to socialize on a regular basis rather than in a potentially more isolated setting at home. 2. 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. The special use is not intended to be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair the property values within the neighborhood. The building is currently occupied by Quantum Chiropractic Arts, which offers an outpatient clinic setting for a variety of chiropractic, cranio- sacral, acupuncture, qi gong, and other therapeutic services to patients. Quantum is located on the second floor of the building. The proposed adult daycare facility would be located on the first floor of the building, allowing for some separation in uses. The Subject Property is bordered to the south by the Girl Scout River Valleys service center building (located at 5601 Brooklyn Boulevard), a parking lot to the west, and another office building, containing an attorney's office, Hoglund, Chwialkowski & Mrozik, PLLC, and an accounting and tax firm, Robert Rampi, LTD (located at 5637 Brooklyn Boulevard) to the north. The office building is buffered by the Brooklyn Boulevard service road to the east before continuing across Brooklyn Boulevard to commercial uses such as Wells Fargo, Bremer Bank, and Taco Bell. App. No. 2018-019 PC 11/15/2018 Page 6 3. 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. The establishment of the special use should not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district. The Subject Property is currently surrounded by like -zoned C1 (Service/Office) District properties, with commercially -zoned C2 (Commerce) District properties located across Brooklyn Boulevard to the east. The proposed location of the adult daycare facility is within an existing building and the surrounding area is currently developed with office buildings constructed in 1965 and 1980, respectively. 4. Adequate measurements have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. As previously mentioned the Applicant contacted the City Building Official and Fire Inspector for a pre -inspection on site of the Subject Property and held a walk-through of the proposed space. The Building Inspector and Building Official have provided feedback on necessary measures identified from the City's perspective to allow for the operation of an adult daycare facility at the Subject Property. Per Fire Inspector Brandon Gautsch, "they (the Applicant) will need to maintain and have the sprinkler system monitored. I noticed that there were no records of annual sprinkler testing and the property owner did not believe he had any type of monitoring service. Both would need to be in place and obtain UL Certification." Additionally, the Property Owner/Applicant will need to address the storage of combustibles and use of extension cords in the electrical/mechanical/riser room. This is an issue to be addressed not necessarily for the Applicant and use of the tenant space, but for the building as a whole. City Building Official Dan Grinsteinner provided a preliminary plan review based on his visit to the Subject Property with the Fire Inspector. Per his review, dated October 30, 2018, and attached as Exhibit C, the Applicant will need to provide sufficient ingress/egress through the addressing of door swings, door hardware, and exit signage. Portable fire extinguishers are to be provided and a fire department lock box, if not already installed, is to be provided. Additional approval from the Hennepin County Health Department is required for the proposed kitchenette area. City Building permits may be required for any anticipated remodeling, including electrical, mechanical, and framing work. Per Assistant City Engineer Andrew Hogg in his memorandum dated November 5, 2018, sufficient ADA parking is to be provided, the parking lot is to be re -striped per City standards, and a parking study is to be performed to evaluate the parking needs and layout of the parking (refer to Exhibit D). The Applicant/Property Owner shall also ensure the parking meets the site plan approvals identified for parking under Planning Commission Application No. 85013. 5. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Per the submitted plans, the Applicant has no plans to alter the exterior of the building in such a way to render the building or site non -conforming. With regard to the minimum parking App. No. 2018-019 PC 11/15/2018 Page 7 requirements, and based on the intended operation of the adult daycare facility, staff is not concerned that sufficient parking will not be provided; however, the parking lot will need to be re -striped and sufficient ADA parking required as a general City requirement. Based on staff findings, staff recommends the Planning Commission recommend City Council approval of the requested Special Use Permit for an adult daycare facility for the property located at 5615 Brooklyn Boulevard (Subject Property); subject to the Applicant complying with the comments outlined in the Approval Conditions noted below. SITE AND BUILDING PLAN APPROVAL CONDITIONS: Staff recommends the following conditions be attached to any positive recommendation on the approval of Application No. 2018-019 for 5615 Brooklyn Boulevard (Subject Property): 1. Building and Site Plan Review: a. Any major changes or modifications made to the Subject Property can only be made either through the City's Building Permit process or through formal Building and Site Plan review by the City. 2. Agreements: a. The Applicant shall adhere to the maximum occupancies outlined by City staff and in accordance with any licensing requirements for the adult daycare use. b. Issuance of a Special Use Permit for the adult daycare use is conditioned upon the Applicant obtaining any necessary licensure from the Minnesota Department of Human Services (DHS) or other licensing authorities for the use or services provided. This information shall be provided to the City Planner for confirmation. c. The Applicant shall comply with the Preliminary Plan Review comments identified in Building Official Dan Grinsteinner's memo dated October 30, 2018. The Applicant shall provide final plans and submit permit applications for any work to be conducted in the leased space. d. The Applicant shall comply with all comments outlined in the memorandum prepared by Assistant City Engineer Andrew Hogg on November 5, 2018, and the parking/site plan identified under Planning Commission Application No. 85013. 3. Facilities and Equipment: a. The Subject Property parking lot is to be re -striped to meet City code requirements and provide sufficient ADA parking in proximity to main entrances. b. A parking study is to be performed to evaluate the parking needs and layout of the parking. c. The Applicant shall obtain approval from the Hennepin County Health Department for the proposed kitchenette. d. The Applicant/Property Owner shall ensure the fire sprinkler system is maintained and monitored. RECOMMENDATION Based on the above -noted findings, Planning Staff recommends the Planning Commission recommends City Council approval of Planning Commission Application No. 2018-019, Special Use Permit for an adult daycare facility for the Subject Property located at 5615 Brooklyn Boulevard, subject to the Applicant complying with the Approval Conditions. App. No. 2018-019 PC 11/15/2018 Page 8 Should the Planning Commission accept this recommendation, the Commission may elect to adopt the resolution to be provided at the Planning Commission meeting on November 15, 2018, which memorializes the findings in issuing a Special Use Permit approval, subject to the Applicant complying with the above-mentioned conditions of approval. Attachments Exhibit A- Affidavit of Publication for Notice of Hearing (5615 Brooklyn Boulevard), published November 1, 2018, in Brooklyn Center Sun Post. Exhibit B- Application and Memo for Special Use Permit Request, prepared by Mohamed T. Albert, and dated October 12, 2018. Exhibit C- Preliminary Plan Review, prepared by Building Official Dan Grinsteinner, and dated October 30, 2018. Exhibit D- Memorandum, prepared by Assistant City Engineer Andrew Hogg, and dated November 5, 2018. App. No. 2018-019 PC 11/15/2018 Page 9 Exhibit A CITY OF BROOKLYN CENTER NOTICE OF PUBLIC HEARING TO WHOM IT MAY CUNCEPN: Please take nonce that the Plan- ning Commission of tile, City of Brooklyn Center vvill hold a public hearing on Tliursrlay, Novernlaer 15, 2018, at approximately 7:09 p.m., at Broraklvri Center City Hall. locat- ed at 6361 Shingle Creek Pa'rkviay, Brooklyn Center, Minnesota, A r1rh nate time for this application to be considered cannot he given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Special Use Permit for Adult Daycare [=a- rility PETITIONER: Moharne:d lalaabouanya Albert PROPERTY OWNER: Gedi-Da- ma€7a Family Limited Partnership PROPERTY NAME© IN THE PETITION: 5615 Brooklyn Braule- varr_I; Brooklyn Center, Minnesota PROPEFftY ID- 03-118-21-42--00,10 CS:03-118-21-42--00,10 LEGA. DESCRIPTION: Tram B, Registered Land Survely leo. 1:547, Hennepin County, kilinnesota BRIEF STATEMENT OF CON- TENTS OF PETITION: The Applicant is requesting ap- proval of a Special Use Permit to alloys' for the e.titablishrnent of an ad Lilt daycare facility within ars ap- proximately 4,9,33 --square toot por-- tion of an existing tvvo-story multi - tenant building. Questions, comments, state- ments of srjpport or objections should be directed to City Planner" Zoning ,administrator Ginny Mcln trash at (763; 569-3319 or email to rtrt�rir�trast�tui.farraoklyr� rr_r�tr_r. rnn.us. AUXiliarV aids for persons with disabilities ;are available upon re- quest at least 96 hours in advance. Please contact the City [clerk at (763) 569-3300 to rnake arrange.•-- rne7nts. P espec ttully, Ginny Mclntos) City Planner/Zoning Administrator Published in the Brooklyn Center Sun Post Nayember t, 2018 873677 Exhibit B rSERENITY HOME HEALTH CARE SYSTEM INC. 400 Selby Avenue, Suite # M, Saint Paul, Minnesota 55102 Agency Phone: (952) 451-4149 Agency Fax: (651) 493-4868 October 12, 2018 City of Brooklyn Center Planning Commission City Hall Council Chambers 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Greetings Planning Commission Members: I look forward to our November 15, 2018 planning meeting to discuss with you the matter of our company's desire to acquire a "Special Use Permit" from the City of Brooklyn Center to expand our business operations and better service our clients. SERENITY ADULT DAY CARE will provide our adult clients with a community facility to socialize and engage in fun and stimulating group activities. This company is a subsidiary of SERENIY HOME HEALTH CARE SYSTEM INC, the parent company. Below I will provide the requested relevant information to the committee: BUSINESS OPERATIONS DETAILS • Hours of Operation 9:00 AM to 5:00 PM; Monday -Saturday • Transportation Services to and from the facility: Pick-up times may vary (7:00 AM to 9:00 AM); Drop-off times may vary (5:00 PM to 6:00 PM) • Activities Exercise, Breakfast, Lunch, Snacks, Television, Tabletop Games, Conversations, Reading, Movie Nights and Occasional Community Gatherings • Total Number of Clients Served Variable anywhere from 1 min. to 50 max. • Total Number of Employees Variable anywhere from 1 min. to 10 max. • Square -Footage of Leased Space 4,033 SF • Interior Layout of Business Refer to attached pages for interior floor plans of the Facility • Other Tenants in Building QUANTUM CHIROPRATIC ARTS • Vehicle Parking Spaces Variable parking space requirements anywhere from 1 to 6 for employee vehicles and 4 spaces reserved for (15 Seat capacity) Transport Vans PROPERTY OWNER DETAILS • Name GEDI-DAMANA FAMILY LIMITED PARTNERSHIP • Address 15100 Stone RD Wayzata, MN 55391 • Phone (763) 533-6071 SERENITY HOME HEALTHCARE SYSTEM INC. 400 Selby Avenue, Suite # M, Saint Paul, Minnesota 55102 Agency Phone: (952) 451-4149 Agency Fax: (651) 493-4868 REAL ESTATE AGENCY DETAILS • Agency Name ARROW COMPANIES • Address 7365 Kirkwood Court N. Suite #335 Maple Grove, MN 55369 • Phone (763) 424-6355 • Relevant Agent Name Trevor Morlock; Ph: (763) 913-2734 Thank you for your consideration in this matter as I look forward to working with you to better assist our clients to live the rich and fulfilling lives they deserve. Regards, W4 A Mohamed T. Albert Owner & CEO SERENITY HOME HEALTH CARE SYSTEM INC. I O's 7�FL -tj- 3:1 0 0 Cn O's 7�FL -tj- 3:1 v� — /��/C �f � �-/tS���c ;' N 0 0 a Exhibit C % O O K L Y uENTER AT THEsCENTER I BUILDING & COMMUNITY STANDARDS — PLAN REVIEW Plan analysis based on 2012 IBC/2015 MN State Building Code, ANSI A117.1-2009, MN Chap 1323 Energy, MN State Fire Code Project Number: BCXXXXXXX Date: 10/30/2018 Project Name: Serenity Home Health Care Contractor: Address: 5615 Brooklyn Blvd. Phone: Valuation: $XXXXX Architect: Occupancy: 14,A2 Engineer: Construction: IIB Occupant Load: 123 Area Square Ft: 4,033 Sprinklers: Yes SAC Charges: 0 Report by: Dan Grinsteinner Mohamed T. Albert 400 Selby Ave. Suite #M St. Paul, Mn, 55102 Dear Mohamed, A preliminary review for Serenity Home Health Care located at 5615 Broolyn Blvd, has been completed. The documents that have been received are: Architectural Plans Un -signed. The building was reviewed as a "IIB" type of construction, fully fire sprinklered and "14,A2" occupancy with an occupant load of XXX. The following comments must be addressed: 1. Additional City permits that may be required from the Building Inspection Department for this proposal are: Building permit, HVAC permit, Plumbing permit, Electrical permit, Fire Sprinkler & City of Brooklyn Center 1 6301 Shingle Creek Pkwy Brooklyn Center, MN 55430-2199 (763) 569-3300 www,cityofbrooklyncenter.org Alarm permit. Also the City's Community Development Department must be contacted on all proposed signage on the site. Permits are required for all exterior signage. 2. Door located in Suite 105 shall swing in the direction of travel when serving 50 or more occupants. 3. Door located in Suite 106 shall swing in the direction of travel when serving 50 or more occupants. 4. Doors in Suite 105 & 106 shall have hardware that does not require tight grasping, pinching or twisting of the wrist to operate. 5. Doors swinging into the required width of egress access shall not reduce the required width by more than half. 6. Doors located by kitchenette shall swing in the direction of travel to an exit or be removed. 7. The Facility must be licensed by Hennepin County Health Department. A Health Department approval letter shall be received prior to building permit approval. 8. Exit signage must meet the requirements of MNBC 1011 and approved on site by City Inspector. 9. Exit illumination must meet the requirements of MNBC 1006 and approved on site by the City Inspector. 10. Portable fire extinguishers must be current on inspection dates and placed in accordance with MNBC 906 and MNFC 906 and approved on site by the City Inspector. 11. A fire department lock box if not already installed is required to be installed in the area of the front entry or as agreed to with the City Inspector. 12. All requirements listed on the Fire Inspection report shall be corrected or addressed. 13. All requirements of the City Planning and Zoning shall be met. A permit will be issued when items 1,& 7, are submitted / received before a final review can be completed and a permit is issued. If you have any questions please do not hesitate to call me at 763-569-3313. Sincerely, Dan Grinsteinner Building Official City of Brooklyn Center ; 6301 Shingle Creek Pkwy I Brooklyn Center, MN 55430-2199 (763) 569-3300 11 www.cityofbrooklyncenter.org Exhibit D MEMORANDUM DATE: November 5, 2018 TO: Ginny McIntosh, City Planner/Zoning Administrator FROM: Andrew Hogg, Assistant City Engineer SUBJECT: Special Use Permit — Serenity Adult Day Care Public Works Department staff reviewed the following documents submitted for review on November 5, 2018, for a Special Use Permit for Serenity Adult Day Care at 5615 Brooklyn Blvd: • Application dated October 12, 2018 Subject to final staff Site Plan approval, the referenced plans must be revised in accordance with the following comments/revisions and approved prior to issuance of Land Alteration permit: C1.01— Site Plan 1. Accessibility shall comply with ADA standards. 2. Perform a Parking study to evaluate the parking needs and layout of parking. 3. Restripe parking lot. The aforementioned comments are provided based on the information submitted by the applicant at the time of this review. Other guarantees and site development conditions may be further prescribed throughout the project as warranted and determined by the City.