HomeMy WebLinkAbout2007-016 Inf Sheet 6415 Brooklyn Boulevard Application Filed on 8-2-07
City Council Action Should Be
Taken By 10-1-07 (60 Days)
Planning Commission Information Sheet
Application No. 2007-016
Applicant: Adam Maier (Leonard, Street and Deinard, PA)
Location: 6415 Brooklyn Boulevard
Request: Special Use Permit
The applicant, Adam Maier an attorney representing Arena Early Learning Center, Inc. and its owner Antonio Smith, has submitted a request for Special Use Permit approval to operate a
childcare facility in the commercial building located at 6415 Brooklyn Boulevard.
The property in question is a triangular shaped parcel zoned C-1 (Service/Office) and contains an approximate 8,600 sq. ft. office building that the applicant intends to convert into
the childcare facility. The property is bounded on the north by R-5 (Multiple Family Residence) and C-1 (Service/Office) zoned property containing the Brookhaven Apartments and the
Brook Park Dental Center respectively; on the east by Brooklyn Boulevard with Garden City Elementary School on the opposite side of the street; on the south by R-1 (Single Family Residence)
zoned property containing six single family homes.
Group daycare facilities are listed as special uses in the C-1 zoning district per Section 35-320, Subdivision 3b of the Zoning Ordinance. The Zoning Ordinance defines group daycare
facilities as a “facility licensed by the Minnesota Department of Public Welfare (now Department of Human Services) to provide childcare 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, childcare centers, play groups, daycare centers, cooperative daycare
centers and Head Start programs.” Mr. Smith will have to obtain a program license from the Minnesota Department of Human Services relating to the operation of this facility. He has
applied for such a license and the City has been notified of the impending licensing, however, that notification indicated licensing for 144 children, not the 210 children indicated
in the applicant’s letter of application. Clarification of this point is in order, although city zoning regulations do not place a limit on the number of children served in such a facility,
that is a function of the State’s licensing program. We have requested the Department of Human Services to hold off granting of the proposed program license until such time as a Special
Use Permit has been considered and granted by the City of Brooklyn Center.
The applicant has submitted a letter outlining their proposal and explaining how they will comply with the zoning requirements applicable to a childcare facility (copy attached).
Their plan is to modify the building for use as a daycare which will be subject to building code and program licensing requirements. As mentioned, daycare uses are listed as special
uses in the C-1 zoning district provided they meet certain criteria established in the ordinance and also are consistent with the city’s standards for special use permits. Such facilities
are required to be compatible with and complimentary to existing adjacent land uses as well as those uses permitted generally in the C-1 district and also be of comparable intensity
to permitted C-1 uses. They are also to be designed to assure that generated traffic will be within the capacity of available public facilities and not have an adverse impact upon those
facilities, the immediate neighborhood or the community. Traffic generated by other uses on the site are not to pose a danger to the children served by the daycare use. Furthermore,
outside recreational facilities shall be appropriately separated from the parking and driving areas by a wood fence not less than 4 ft. in height; shall be located contiguous to the
daycare facility; shall not be located in any yard abutting a major thoroughfare unless buffered by a device set forth in Section 35-400; shall not have an impervious surface over more
than half the playground area; and shall extend at least 60 ft. from the wall of the building or to an adjacent property line, whichever is less, or shall be bounded on not more than
two sides by parking and driving areas.
The applicant’s comments relative to these provisions notes that their proposed use will be compatible with existing land uses as well as those permitted in the C-1 district generally
noting the properties surrounding the proposed facility. He points out that properties are the type that can function near a childcare facility without disturbance to the property.
Additionally, the fact that a school is currently located in the area indicates that the adjacent properties operate with little trouble from children being located nearby. He also
states that the use is complimentary to existing adjacent land uses pointing out the nearby residences, dental clinic, schools that are adjacent to the property. He adds that the childcare
facility which is similar to a school would be amenity for local residents and further states his belief that the use is of comparable intensity to other permitted land uses noting that
the facility will produce the most activity during the early morning and late afternoon hours and that even during these peak activity times the intensity will be comparable to other
office/service uses provided for under the C-1 zoning classification. He adds that their project will likely produce less activity than other office/service uses because they will provide
bus service for approximately 34 percent of the children that are cared for. The letter goes on to point out that the property is located adjacent to Brooklyn Boulevard, a major thoroughfare
in Brooklyn Center, a street that is well traveled and designed to handle a large volume of traffic. The project will generate comparable traffic levels and the proposed use will not
impact traffic patterns. The applicant further adds that the property will only be used as a childcare facility, and traffic from surrounding sites will not pose a threat to the children
there.
The applicant has provided us with a survey of the property and a proposed site layout showing parking, the building location and surrounding landscaping. Their plan is to provide a
play facility on the south side of the building which will be screened by a 6 ft. high wood opaque fence. The play area proposed will meet the standards outlined in the city’s zoning
ordinance for such facilities. It should be noted that where a C-1 use abuts R-1 use that there are screening and green strip requirements. These green strip requirements have been
provided and no encroachment into the 15 ft green strip is anticipated. The previous office had constructed a 6 ft. high opaque fence along most of the property line with the adjoining
single family residences. Some of this fencing is in need of repair and will be repaired either by the current owner or the applicant. Screening of this facility with the abutting
residential is essential as is the screening of any outside trash disposal facilities. The applicant has assured that these matters will be addressed and corrected.
We have also requested the applicant to review on site landscaping as it relates to the landscape point system utilized by the Planning Commission for evaluation landscape plans. The
applicant’s architect has provided an analysis of the existing landscape. The site is 1.29 acres and requires 129 landscape points. He notes that landscaping was reviewed on April
27, 2007 and lists the landscape improvements such as shade trees, coniferous trees, decorative trees and shrubs. Using the point system, there are a total of 145 landscape points on
the site which exceeds the minimum required. Attached for the Commission’s review is a copy of the architect’s analysis. It appears that landscaping on the site is appropriate and
no additional landscaping should be required.
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 properties;
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 Commission’s attention is
directed to the applicant’s response to the Standards for Special Use Permits contained in their August 2, 2007 letter. We find no conflict with the comments made and the Standards
for Special Use Permits. We would concur generally with the applicant’s comments and believe the Standards for Special Use Permits can be met with the operation that they are proposing.
Furthermore, it is believed that the use is compatible with, complimentary to and of comparable intensity to other uses in the C-1 district. 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
It is believed the application is in order and it is recommended that approval be granted subject to the following conditions and considerations:
The Special Use Permit is granted for a group daycare facility or childcare 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 licensing on file with the city.
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-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 subject all applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation.
Any expansion or alteration of the proposed use beyond that contained in this submittal shall require an amendment to this Special Use Permit.
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.
The required 6 ft. high opaque screening required along the south property line shall be repaired and maintained in a manner consistent with the requirements of the city ordinance.
Building plans for remodeling and occupancy of this building are subject to approval of the Building Official prior to the issuance of these permits.
8-16-07
Page 1
8-16-07
Page 4