HomeMy WebLinkAbout2003-007 Inf Sh 5650 Lilac Dr N Application Filed on 5-2-03
City Council Action Should Be
Taken By 7-1-03 (60 Days)
Planning Commission Information Sheet
Application No. 2003-007
Applicant: Mr. and Mrs. Tony Yang
Location: 5650 Lilac Dr N
Request: Determination/Special Use Permit
The applicants, Mr. And Mrs. Tony Yang, are seeking a special use permit to operate an adult day care at 5650 Lilac Drive North. Implied in the approval of such a special use permit
is a determination that the “adult day care facility” use classification is similar in nature to a “group day care facility” use, which is an allowed special use in the C-1 zoning district.
The property in question is zoned C-1 (Service/Office) and is located along the east side of Lilac Drive North, southerly of 57th Avenue North. It is surrounded on the north and east
by C-2 zoned property containing the Anderson Drywall operation and the Bumper to Bumper Auto Parts store; on the southeast and southwest by R-1 zoned property containing six single
family homes; and Lilac Drive North generally to the west of the site.
BACKGROUND
The C-1 zoning district does not acknowledge an adult day care use as a permitted or special use in that zoning district. In fact, adult day care is not an acknowledged use anywhere
in the zoning ordinance. State Statutes defines adult day care as “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 or improving the participants capabilities for self
care. Adult day care does not include programs where adults gather or congregate primarily for services of socialization, education, supervision, caregiver respite, religious expression,
exercise or nutritious meals.” Adult day care is required to be licensed by the State of Minnesota Commissioner of Human Services.
PROPOSAL
The Yangs wish to occupy the commercial building at 5650 Lilac Drive North for their licensed adult day care use and have submitted much written material in support of their request
to be allowed to use this property for that purpose. They have been advised that the closest use classification to their proposal appears to be “group day care facilities” use, which
is a special use in the C-1 zoning district (Section 35-320, Subdivision 3b). Attached for the Commission’s review is a copy of Section 35-320, Subdivision 1-3, which lists all of the
permitted and special uses in the C-1 zone. Because group day care uses are special uses, we have asked the applicants to address the Standards for Special Use Permit contained in Section
35-220, Subdivision 2 of the Zoning Ordinance.
The Zoning Ordinance definition for group day care facility is “a facility licensed by the Minnesota Department of Public Welfare (now Department of Human Services) to provide child
care for six or more children at one time”. This term also includes, but is not limited to facilities having programs for children known as nursery schools, day nurseries, child care
centers, play groups, day care centers, cooperative day care centers and Head Start programs.
The Yangs note that there are currently no adult day care operations in existence in the city. They point out that there are two types of adult day care programs, one which provides
intensive health, therapeutic and social services to individuals with severe medical problems and another which offers participants socialization opportunities, peer support and nutritional
health and other social services. They note their proposal is for the second type. They indicate clients will not suffer from severe medical problems. Rather, their program will focus
more on therapeutic activities, supervision, health monitoring, personal care and nutritional support. They note that they believe their operation is most similar to that of a preschool
child care operation. They note that at any one time the operating capacity is expected to be about 20 care recipients. Their license will also require a minimum of one caregiver per
eight recipients. There will, therefore, be three staff members on site. They expect a total of about six employees including a director and a secretary in addition to the staff members
previously noted. They have submitted a code analysis of the building done by a registered architect noting that the total capacity will be limited to 40 occupants.
They point out that traffic at the location will be less than the current use. Care recipients are dropped off at the center or are picked up by a van provided by the center. The site
currently contains 38 parking spaces and they believe is ample for the proposed use. Based on the City’s parking requirement for this 4,000 sq. ft. building, 20 parking spaces is all
that is required. They also indicate hours of operation to be 7:00 a.m. to 7:00 p.m. Monday through Friday. They expect minimal changes to be made to the building for their proposed.occupancy.
It seems that from the standpoint of zoning regulations, the adult day care use and the group day care use are similar in nature to each other. Both are required to be licensed facilities
by the State of Minnesota and would be appropriate commercial uses. We recommend that the Planning Commission make a recommended finding that adult day care is similar in nature to
group day care and should be considered an allowable special use in the C-1 zoning district. The main distinction between the two uses is that the group day care requires screened outside
recreational facilities per Section 35-411, Subdivision 6 (copy attached). No such facilities are required for adult day care and all activities will be inside.
As part of the special use permit process, findings will also need to be made that the proposed adult day care use is compatible with existing adjacent land uses as well as those uses
permitted in the C-1 district generally; complimentary to existing land uses as well as to those uses permitted in the C-1 district generally; of comparable intensity to permitted C-1
land uses with respect to activity levels; and is planned and designed to assure that generated traffic will be within the capacity of available public facilitates and will not have
an adverse impact upon those facilities, the immediate neighborhood or the community.
SPECIAL USE PERMIT STANDARDS
As a special use , the proposal is required to meet the Standards for Special Use Permits contained in Section 35-220, Subdivision 2 of the Zoning Ordinance (copy attached). These standards
require that the proposed special use promote and enhance the general public welfare and not be detrimental to or endanger the health and safety of the public; not be injurious to the
use and enjoyment of other property in the immediate neighborhood nor substantially diminish or impair property values; not impede the normal and orderly development of surrounding property;
be designed so as to minimize traffic congestion on the public streets; and conform with applicable regulations of the district in which it is located.
The Yangs have submitted in writing also how they believe their application meets the Standards for Special Use Permits contained in the Zoning Ordinance. They note that their adult
day care center will promote and enhance the general public welfare and will compliment and promote the public health, safety, morals and comfort. They point out that there is currently
a severely under-served market in Brooklyn Center for the proposed use. They add that serving that market will improve not only the livability of the care recipients, but also of those
who provide such care when the recipient is not at the center. It provides an opportunity for socialization and interaction the recipients currently do not get elsewhere. They contend
that the center will not diminish or impair the use and enjoyment or values of the surrounding property. The center will provide a valuable service to the community and will serve residents
living approximately within a five mile radius of the property. They contend that the establishment of this use will not impact development or improvement of surrounding property for
uses already permitted. They add that there are no issues in regard to ingress and egress, which would have any negative impact on traffic congestion on public streets. Their center
will, in all respects, meet the requirements established by the licensing authorities along with conforming to applicable regulations in this zoning district.
We would concur generally with the applicants’ comments and do believe that the Standards for Special Use Permits can be met with the operation they are proposing. Furthermore, we see
the use as being compatible with, complimentary to and of comparable intensity to other uses in the C-1 zoning district. Furthermore, the traffic generated by this use 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 in general.
A public hearing has been scheduled with respect to this special use permit application and notices have been sent to surrounding property owners.
RECOMMENDATION
We believe the application is in order and would recommend approval subject to the following conditions and considerations:
The proposed adult day care facility is similar in nature to a group day care facility for zoning regulations and shall be considered a special use in the C-1 and C-2 zoning districts.
The adult day care facility as proposed by the applicants 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-1 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.
The special use permit is granted for an appropriately licensed adult day care facility as outlined in this proposal. Any expansion or alteration of the proposed use beyond that contained
in this submittal shall require an amendment to this special use permit.
The special use permit is subject to all applicable codes, ordinances, and regulations. Any violations thereof may be grounds for revocation.
Building plans for remodeling and occupancy of this building, are subject to approval of the Building Official prior to issuance of permits.
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