HomeMy WebLinkAbout2018-201 CCRintroduced the following resolution and Member
moved its adoption:
RESOLUTION NO.
RESOLUTION REGARDING THE RECOMMENDED DISPOSITION OF PLANNING
COMMISSION APPLICATION NO. 2018-019, SUBMITTED BY MOHAMED
TABABOUANGA ALBERT FOR APPROVAL AND ISSUANCE OF A SPECIAL USE
PERMIT FOR AN ADULT DAYCARE FACILITY IN THE C1 (SERVICE/OFFICE)
DISTRICT (LOCATED AT 5615 BROOKLYN BOULEVARD)
WHEREAS, Planning Commission Application No. 2018-019, submitted by Mohamed
Tababouanga Albert (“Applicant”) requests approval and issuance of a Special Use Permit that would allow
for an adult daycare facility to occupy approximately 4,033-square feet of the first floor in an existing two-
story, 8,900-square foot building located at 5615 Brooklyn Boulevard (“Subject Property”); and
WHEREAS, the Subject Property is situated in the C1 (Service/Office) District and pursuant
to a previous determination of the “adult daycare facility” use, the use classification is similar in nature to that
of a “group daycare facility,” which is allowed by Special Use only in the C1 District per City Code Section
35-320; Subpart 3; and
WHEREAS, the Planning Commission held a duly noticed and called public hearing on
November 15, 2018, whereby a Planning Commission 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
Sections 35-320 (C1 Service/Office District) and 35-220 (Special Use Permits) 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 of the City of Brooklyn Center, Minnesota, does
hereby recommend to the City Council that the Special Use Permit for an adult daycare facility, to be located
at 5615 Brooklyn Boulevard, and as comprehended under Planning Commission Application No. 2018-019,
may be approved based upon the following considerations:
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, as the proposed adult daycare facility is
similar in nature to that of a group day care facility for zoning regulation purposes
and requires separate licensure from the Minnesota Department of Human
Services (DHS) for the adult daycare facility use.
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 as the proposed
facility would be located within an existing two-story multi-tenant building with a
tenant located on the second floor of the building, and the properties to the north
and south have been developed with service/office type buildings including the
Girl Scout River Valleys service center, an attorney’s office, and an accounting
firm, with the area to the west serving as parking.
Dan Ryan
2018-201
RESOLUTION NO.
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 given that the proposed use is considered to be compatible with,
complementary to, and of comparable intensity to other uses allowed in the C1
(Service/Office) Zoning District and that the Applicant will provide sufficient
documentation to ensure that generated traffic will be within the capacity of
available facilities and will not have an adverse impact on existing on-site and
adjacent uses, nor the immediate neighborhood or community.
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 as a
preliminary walk through of the proposed space was held with the City Building
Official and Fire Inspector to provide feedback on necessary measures to allow for
the safe operation of an adult daycare facility, and additional conditions have been
outlined that will require the incorporation of sufficient ADA parking, the re-
striping of the parking lot to meet City standards, and the completion of a parking
study to evaluate parking needs for the use and layout.
E.The special use shall, in all other respects, conform to the applicable regulations of
the district in which it is located as the Applicant has no plans to alter the exterior
of the building in such a way as to render the building and site non-conforming,
and the parking lot would be re-striped per City standards to ensure sufficient
parking is provided as per the originally approved plans for the building under
Planning Commission Application No. 85013.
AND WHEREAS, upon acceptance of all public comments and discussion of this item, the
Planning Commission adopted Planning Commission Resolution No. 2018-020, which provides a favorable
and unanimous recommendation to the City Council that the Special Use Permit for an adult daycare facility
on the Subject Property 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. 2018-019 is hereby approved, subject to the
following conditions and considerations:
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 and/or services provided. This
information shall be provided to the City Planner for confirmation.
2018-201
2018-201
Marquita Butler
Marquita Butler, April Graves, Dan Ryan, Tim Willson
None