HomeMy WebLinkAbout2004-013 Inf Sh 7151 Brooklyn Boulevard Application Filed on 10-27-04
City Council Action Should Be
Taken By 12-26-04 (60 Days)
Planning Commission Information Sheet
Application No. 2004-013
Applicant: Community Emergency Assitance Program (CEAP)
Location: 7151 Brooklyn Boulevard
Request: Special Use Permit
The applicant Steven Klein, on behalf of Community Emergency Assistance Program, Inc. (CEAP), is seeking a Special Use Permit to operate a childcare facility at the proposed location
of a joint tenancy service/office building on the Osseo School District property to be addressed as 7051 Brooklyn Boulevard. The property in question is being created under Preliminary
Plat Application No. 2004-010, which is being considered for approval by the City Council on November 8, 2004. The property is also the subject of a Rezoning proposal to C-1 (Service/Office)
under Planning Commission Application No. 2004-011 and a Site and Building Plan Approval/Special Use Permit for a 48,600 sq. ft., two story, two phase service/office building for a school
district adult education facility use and an adjoining use by CEAP under Planning Commission Application No. 2004-012. These applications are also being considered for approval by the
City Council on November 8, 2004.
Group day care facilities are listed as special uses in the C-1 zoning district (see Section 35-320, Subdivision 3b of the Zoning Ordinance attached). Such a use is allowed through
the Special Use Permit process including review, recommendation and public hearing by the Planning Commission and approval by the City Council. As a Special Use Permit, the proposal
must meet the Special Use Permit standards contained in Section 35-220, Subdivision 2a through 2e (attached) as well as the standards contained in Section 35-320, Subdivision 3 b 1 through
5, regarding group day care facilities. The property in question is proposed to be rezoned to C-1 under Planning Commission No. 2004-011 and is located on the west side of Brooklyn
Boulevard, south of 71st Avenue North. It is bounded on the north by 71st Avenue; on the east by Brooklyn Boulevard and the Willow Lane Apartments (zoned R-5); on the south by Willow
Lane Park; and on the west by the Willow Lane Early Childhood Center and single family homes facing 71st Avenue North.
BACKGROUND
As mentioned above, the Osseo Area School District is in the process of creating a 3.63 acre parcel of land that is to be rezoned to C-1 (Service/Office) so that they can construct a
48,600 sq. ft., two story service/office building to house their adult education program. The School District would occupy 25,000 sq. ft. in the first phase of the development. CEAP
plans to construct the second phase of the building in mid-2006 to accommodate a multi-service family center. They are proposing a 1,500 sq. ft. to 2,000 sq. ft. childcare center to
be operated by St. David’s Child Development and Family Services as a part of their space. This proposed facility would be licensed for approximately 34 toddler and preschool children
and is the subject of this application.
PROPOSAL
The applicant has submitted written material explaining their proposal and how they believe it will meet the standards for special use permits. They point out that their proposed day
care use will enhance the general public welfare by providing an essential service to the children and families of the community, that the St. David’s organization is known for providing
high quality early childhood education for children of all abilities. They claim their childcare center will have little or no negative impact on property values or be injurious to
the use of surrounding properties. It will not impede the development or improvement of surrounding property and have no adverse impact on the residential or commercial development
plan for this area. They contend that their proposal will have minimal impact on traffic in the area. They also point out that their proposed childcare center and playground will comply
with all relevant requirements outlined in Section 35-411 (copy attached). It should be noted, however, that they are requesting that their outside recreational facilities be allowed
to be offsite at the Willow Lane Early Childhood Center. A letter from John Fredericksen, Assistant Superintendent of Osseo Area Schools, has been submitted showing the School District’s
support for providing shared playground facilities for CEAP to provide better services at lower overall costs. Dr. Fredericksen notes that they haven’t finalized the shared playground
planning but have always contemplated such a system at their site. Children using these facilities will always be escorted by an adult via crosswalks and walkways from the childcare
facility to the playground area.
The applicant has submitted a plan showing the new facility, the Willow Lane Early Childhood Center and the location of the proposed playground. This seems like an acceptable proposal
and we would recommend approval provided a formal arrangement can be established between CEAP and the School District. It should be noted, however, that there does not appear to be
anywhere on site at the new facility where required playground/recreational facilities could be provided consistent with the requirements of the zoning ordinance. Absent the agreement,
and continuous use of the shared recreational area, the Special Use Permit could not be recommended.
The proposed day care is also required to meet the standards contained in Section 35-321, Subdivision 3b that required that the day care use must be compatible with, complimentary to
and of comparable intensity in terms of activity levels to permitted C-1 uses. Also, the day care facility must be planned and designed to assure that 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. Traffic generated by other
uses on the site should not pose danger to children served by the day care use.
We believe that these standards are met as well provided there is an agreement for continuous use of the School District property for recreational purposes and that adult supervision
be continuously provided when children are outdoors walking between the facilities.
A public hearing has been scheduled and notices of the Planning Commission’s consideration have been sent to surrounding property owners.
RECOMMENDATION
In general, the application appears to be in order and approval is recommended subject to at least the following conditions:
The Special Use Permit is granted for a childcare/day care facility serving up to 34 toddler and preschool children. Any expansion or alterations of this proposed operation, which is
inconsistent with the proposal submitted will require an amendment to this Special Use Permit.
The childcare/day care operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City.
The granting of the Special Use Permit is contingent upon the approval and filing of the plat comprehended under Planning Application No. 2004-010; the approval of the rezoning comprehended
under Planning Application No. 2004-011; and the approval of site and building plan and special use permit comprehended under Planning Commission Application No. 2004-012.
The granting of this special use permit is contingent upon the development and execution of an agreement between the Osseo Area Schools and CEAP to provide outside playground/recreational
facilities consistent with city ordinance requirements on a continuous basis. A copy of the agreement shall be provided to the City. Absent such an agreement, the special use permit
shall be void.
Children utilizing the childcare facility shall always be escorted by an adult when walking between said facility and the offsite recreational area.
The special use permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation.
Approval of the special use permit does not authorize additional signery other than that comprehended under Chapter 34 of the City Ordinances.
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