HomeMy WebLinkAboutPC88003 - 4/14/88 - 6860 Shingle Creek ParkwayF ,� . COMMISSION FILE Cam.,... e
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Project Number: 83W3
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COMMERCIAL/INDUSTRIAL PROPERTY FILES CHECKLIST
CITY OF BROOKLYN CENTER
PLANNING COMMISSION APPLICATION
Street Location of Property
Application No.
Please Print Clearly or Type
6860 Shingle Creek Parkway - Brooklyn Center
Legal Description of Property
Owner Equitec Institutional Fund III
Address 6860 Shingle Creek'Parkway
Applicant Equitec Institutional Fund III
Address 6860 Shingle Creek Parkway
Type of Request: Rezoning
Variance
Phone No. 561-o4O2
Phone No. 561-o402
Subdivision Approval
Site & Bldg. Plan Approval
Special Use Permit x Other: Appeal
Description of Request: Appeal of zoning determination about LaPepiniere
Montessori School and Day Care Center at this address.
The applicant requests processing of this application and agrees to pay to the City of
Brooklyn Center, within fifteen (15) days after mailing or delivery of the billing state-
ment, the actual costs incurred by the City for Engineering, Planning and Legal expenses
reasonably and necessarily required by the City for the processing of the application.
Such costs shall be in addition to the application fee described herein. Withdrawal of
the application shall not relieve the applicant of the obligation to pay costs incurred
prior to withdrawal.
Fee $ 50.00
Receipt No.
77003
Dates of P.C. Consideration:
Date: 3- q-
PLANNING COMMISSION RECOMMENDATION
cant's Signature
Approved %\ Denied this 1± day of 19 subject to the
CITY COUNCIL ACTION
Dates of Council Consideration:
Approved Denied this _ day of ,s �, 19 with the following
amendment:
Clerk
P/I Form No. 18 (over please)
11arch 24, 1988
T. J. Wilson
Equitee
American National Bank Building
101 East Fifth Street Suite 1810
St. Paul, M' 55101
Re: LaPepiniere Day Care Center and School
Pear Ms. 1 ilson,
This letter is in response to your request for a zoning determination concerning; a
potential tenant in Palmer Lake Plaza, specifically a LaPepiniere school and day
cure center in 6860 Shingle Creek Parkway. According to Janis Elumentals, the
project architect, LaPepinierc would be licensed by the Minnesota Department of
Human Services to operate both a school ( kindergarten) and a day care center. Since
at least part of the operation is clearly a day care center, the facility would be
subject to the limitations and requirements pertaining to day care centers in the
Brooklyn Center Zoning Crdinance.
Croup day care is allowed by special use pen -it in the Cl and C2 zoning districts.
However, Palmer Lake Plaza is located in the I-1 (Industrial Park) zoning district.
While many uses permitted in the Cl and C2 districts are allowed by special use
permit in the I-1 district under Section 35-330.3f, day care centers are not nor is
group day care a permitted use in the I-1 district. I, therefore, conclude that
group day care is not a use comprehended in the I-1 zoning district and we cannot
process a permit application for such a facility at 6860 Shingle Creek Parkway.
If you wish to appeal this zoning determination, you may do so under the provisions
of Section 35-'51 of the Zoning Ordinance (attached). You must submit your
arguments in writing to this office at least two weeks prior to a regularly scheduled
Planning Connission meeting. A fee of $50.00 and a completed Planning Commission
application form (enclosed) must also be submitted.
If you have any further questions regarding this zoning determination, please
contact me at this office.
Sincerely,
Ronald A. Warren
Lirector of Planning and Inspection
RAtii :mll
cc: Janis Blumentals
Blumentalsf
6100 Summit Drive North - Brooklyn Center, Minnesota - (612) 571-5550
Janis Blumentals AIA President Stephen P. Hernick AIA Vice President
Susan Blumentals AIA Executive Vice President Cindy K. Bialon Corporate Secretary
March 30, 1988
Board of Adjustments and Appeals
City of Brooklyn Center
c/o Ronald A. Warren, Dir. of Planning & Inspection
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: LaPepiniere Montessori School and Day Care Center,
Potential Tenant in Palmer Lake Plaza
6860 Shingle Creek Parkway
Project Number 588-13
Ladies and Gentlemen:
On beha I f of our c I lent, the owner of the Palmer Lake
Plaza, we submit the following arguments in the support
of the appeal the zoning determination on this subject
dated March 24, 1988.
We agree that technically day care centers are not a
permitted use in 1-1 zoning district but we want to point
out that in fact 'Section 35-330.3f needs updating because
day care centers have been added as special uses in the
C1 and C2 zoning districts and the office building
portion of the Palmer Lake Plaza is a C 1 and C2 special
use in this 1-1 zoning district.
We want to make the following additional comments in
support of the appeal and for location of the proposed
day care center in this building:
1. Day care center is compatible with existing adjacent
land uses such as the offices, Iight industry and
public parkway.
2. Day care center is complementary to existing
adjacent land uses and in fact reduces paving and
increases landscaping.
March 30, 1988
Board of Adjustments and Appeals
City of Brooklyn Center
Page Two
3. Day care center traffic will not be an adverse
impact upon public streets, immediate neighborhood
or the community and in fact will provide valuable
service to the office and industry employees as we l I
as the residents of nearby residential areas.
4. Traffic generated by other uses on the site will not
pose a danger to ch i I dren served by the day care
use. The entrance and the outside recreational
facility for the day care center are located beyond
the traffic to adjacent uses.
5. LaPepiniere Montessori School and Day Care Center is
an educational use I icensed as a school and a day
care center and a school (an educational use) is a
permitted special use in 1-1 zoning district. It is
hard to imagine two more compatible uses:
Kindergarten and a day care center - the only
difference is that in this case one is permitted use
and the other is not.
In conclusion we urge you to permit the LaPepiniere
Montessori School and Day Care Center move to the Palmer
Lake Plaza by updating and/or clarifying this section of
the zoning ordinance. In any case, this will be a
special use only and thus will always require the
Planning Commissions as well as the City CounciIIs
approval.
Sincerely,
&A^>� 9 � �� W
Ja is BIu �eWal s, A I A
Pr sident
JB/cb
cc: T.J. Wilson, Equitec
TIMOTHY J. KEANE
ATTORNEY AT LAW
12" Canterbury Road • Shakopee, Minnesota 55379 •012) 937-3511
April 22, 1988
Mayor Dean Nyquist
Members of City Council
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
RE: LaPepiniere Montessori Academy
Palmer Lake Plaza
Dear Mayor Nyquist and
Members of the City Council:
This letter is offered in support of LaPepiniere Montessori Academy
and my client Equitec Properties to operate a Montessori school and
child care facility at the Palmer Lake Plaza located on Shingle Creek
Parkway. The proposal consists of a 7,000 sq. ft. Montessori school
and child care facility within Palmer Lake Plaza including an attached
4200 sq. ft. fenced exterior play area. The Palmer Lake Plaza is a
mixed use multi-tennant facility consisting of approximately 139,000
sq. ft. including 52,000 sq. ft. of office, 39,000 sq. ft. of
warehouse, and 48,000 sq. ft. of service center uses. There are
approximately 20 tenants doing business within this multi -use
facility.
LaPepiniere Montessori Academy is a family of approximatley 20
certified schools located throughout the Twin Cities Area. (See
information enclosed). Founded in 1967, LaPepiniere Montessori
Academies strive to offer the finest in complete child development and
educational programs for children. The school is in session from 8:30
A.M. to 3:30 P.M. 12 months a year. The students must enroll in
either the full day or 1/2 day school curriculum.
1. Appeal of the Planning Director's Determination the Proposed Use
is a Day-care Center and not an Educational Use.
As noted in the staff report,
rendered a determination that
Academy is a day-care center
distinction is an important o
allowable use in the I-1 Zone
Group day-care facilities are
special use in the I-1 Zoning
treated as a permitted use in
35-322.1.h. These permitted
treated a permissible with a
Section 35-330.3f. There is
the City Planning Director has
the proposed LaPepiniere Montessori
and not an educational use. The
ne because educational uses are an
with a special use permit (SUP).
not treated as a permitted or
District. "Educational uses" are
the C-2 Commerce District, Section
uses are adopted by reference and
SUP in the I-1 District pursuant to
no code definition for an
"Educational use" in the Zoning
Ordinance.
April 22, 1988
Page 2, 1988
The LaPepiniere Montessori Academy is an educational use.
LaPepiniere is very different from the conventional "McDonalds
style" pre-school day-care facility with which we are accustomed.
The conventional group day-care facilites are just that -
facilities where pre-school children are cared for by day.
LaPepiniere Montessori Academy is a school for pre-school
children as well as elementary age children. The LaPepiniere
Montessori Academy is not a group baby-sitting service - it is a
rigorous adademic environment. The school session is conducted
each day from 8:30 A.M. to 3:30 P.M. All students must be
enrolled in the school for either a 1/2 day or full day session.
All school sessions are taught by Montessori accredited teachers.
All Montessori teachers must complete 2-4 years of intensive
Montessori training beyond their previous formal academic
training. All children are enrolled as students. The minimum
enrollment term is one month and students may only commence
enrollment at certain stages of each monthly curriculum cycle.
The LaPepiniere Montessori Academy does provide extended "stay
and play" hours for enrolled students prior to and at the end of
each school day from 6:30 to 8:30 A.M. in the morning and from
3:30 to 6:30 P.M. in the afternoon. This extended care is an
accommodation to meet the scheduling needs of parents.
The Director of Planning noted in his correspondence and staff report
on this determination that since LaPepiniere Montessori Academy would
be licensed by the Minnesota Department of Human Services to operate
both a school and group day-care facility, the use must be classified
as a day-care facility. This licensing requirement is not unique to
group child care centers. Even public schools that offer pre-school
and kindergarten programs must be licensed by the Department of Human
Services. The public schools are still educational facilities and
LaPepiniere Montessori Academy is still an educational facility, even
though it requries a group child care license from the Department of
Human Services.
LaPepiniere Montessori Academy is in all respects a school, and is
deeply committed to the principles of Montessori educational training.
We respectfully request the City Council find LaPepiniere Montessori
Academy is an educational use, and may apply for a SUP in an I-1
District.
2. Group Day-care Facilities Should be Treated as a Special Use in
I-1 District.
If it is ultimitely determined the LaPepiniere Montessori Academy
will be treated as a group day-care facility and not an
educational use, the group day-care use should be considered, as a
SUP in the I-1 District.
April 22, 1988
Page 3
In October of 1986, the City Council amended Section 35-322.1k to
permit group day-care facilities in the C-2 Commerce District.
The I-1 District, by reference in Section 35-330.3f, permits with
a SUP all permitted uses set forth in the C-2 District. There
was no discussion in the City Council minutes of the Code
Amendment in October 1986 that this additonal allowable use in
the C-2 District should not also be adopted by reference as a SUP
use in the I-1 District. It is reasonably foreseeable that at
the time the code amendement was adopted to allow this additional
use in the C-2 District that by oversight the cross reference to
the addition as a SUP use in the I-1 District. In light of this
possible oversight, we respectfully request the City Council to
consider correcting this code question for the following reasons.
1) Increase demand for group child care facilities. Over the
last decade and continuing on, there has been a significant
trend in the increasing demand for child care facilities.
Two income households were the exception to the rule 20
years ago. Today, over 70% of all households with children
have two working parents. One working parent households are
increasing in number as well. This change in lifestyle
patterns has given rise to a need for new pre-school child
care facilities that is continuing to grow.
2) Trend toward workplace -located child care facilities. This
trend is reflected both in the marketplace of new
developments and in the public regulation of day-care
facilities.
There are several notable examples of mixed -use business
facilites that are incorporating child care facilites in
this area. Recent examples include the Cardiac Pacemaker
Inc. facility, Miller -Schroeder Municipals in Bloomington,
the Trammell -Crow Development in Golden Valley, the
Woodbridge Properties Development in Minnetonka, and Control
Data facility in Minneapolis.
In the area of public regulation, the Planning Director
noted in his survey of communities, 9 of the 16 communities
surveyed permitted group day-care facilities as either an
accessory use, a permitted use, or a conditional use. The
City of San Francisco goes even further, that City requires
the incorporation of group day-care facilities to be
included in significant development proposals.
April 22, 1988
Page 4
3) Parental preference to be closer to children during the work
day. The convenient location of group day-care facilities
is important to making that choice. Parents that can place
their children in a group day-care facility that is closer
to the workplace that allow the parent to respond better to
the needs of their children.
4) Group day-care is inherently compatible with certain
business workplaces. The proximity of group day-care to
workplaces for convenience as well as safety is mutually
beneficial to both business users and the children. The
City can certainly reserve the prerogative to review each
day-care proposal on a case -by -case basis to ensure both
compatibility and the health, safety and welfare of
children.
Additionally, workplace day-care facilities would be located
in areas that generaly have far less traffic, high -velocity
neighboring users and congestion.
The owner of Palmer Lake Plaza, Equitec Properties, surveyed
the 20 businesses located within that facility. That survey
found 17 of the businesses supported the inclusion of a day-
care facility in Palmer Lake Plaze, 2 were opposed, and 1
expressed no opinion. Of the 17 that supported the
inclusion of a group day-care facility, 11 responded they
would likely use this facility.
In the present case, the LePepiniere Montessori Academy would be
subject to the review and appoval of a SUP in the I-1 District. This
SUP would take into consideration all safety issues as well as the
health, welfare, and safety of the children and surrounding uses. The
SUP could certainly include reasonable conditions to assure the
ongoing compliance of the facility and operation.
For the reasons stated above, we respectfully request the Council find
a group day-care facility should be treated as a SUP in the I-1
District.
Conclusion
It is our opinion the Palmer Lake Plaza is an ideal location for the
LaPepiniere Montessori Academy. The facility and operation will
comply in all respects with the licensing regulations of the State and
the requirements of the City of Brooklyn Center. It is our belief the
LaPepiniere Montessori Academy is inherently compatible and
complimentary to the uses in Palmer Lake Plaza and the surrounding
April 22, 1988
Page 5
neighborhood. We respectfully request the City Council does find the
proposed LaPepiniere Montessori Academy is an educational use and the
application for the SUP should be processed. In the alternative, if
the City Council does not reach this conclusion, we respectfully
request the City Council amend its zoning ordinance to permit group
day-care facilities in the I-1 District with a SUP.
If you have any questions, please feel free to contact me at 937-3511.
Respectfully submitted,
Timothy J. Ke ne
Attorney for Equitec Properties
Enclosure
u
Planning Commission Information Sheet
Application No. 88003
Applicant: Equitec Institutional
Parkway III
o 6860 shingle
care
Request: Appeal the Zoning Official that day
zone. The appellant wishes
appeal of a determination by
This application is an ed
rs are not p ri School and Day Care Center in the officbuilding
centerse permitted in the Industrial Park (1-1 The land in question cent iniere Montess Creek
to place a LaPep 6860 Shingle Creek Parkway• b the Shingle
portion of Palmer Lake Plazy 6 th Avenue North y the herSouth,r and by vacant I-1
zoned I-1 and is bounde bb by
Creek Parkway day
greenstrip on the east, Y has conveyed its determination on the proposed states
The City 1988 attached). The letter simply
zoned land on the west . nor is it listed among
care center in a letter dated March 24,d use permit in the I-1 zone under Section 35-
that day care is not listed as b psrecial use n the I-1 zone,
those commercial uses allowed y P
330.3f.
The appellant's representative,
Mr• Janis Blumentals, has submitted a letter
(attached) in accordance with the provisions of
Sect arelnot3co prehended5-251 (also ain the attached).
The letter does not dispute that day care
zoning district. Rather, it agrees that ordinance should be changed to allow
day care centers in the I-1 zone basedon
the 1. Day care is chtPandustr land publ existingparkwayt land uses such as
offices, lig Y
2. A day care center is complimentary to existing adjacent land uses
and actually reduces paving and increases landscaping.
3. Day care center traffic will not be adverse to the public streets,
the immediate neighborhood or the community, but will, in fact,
provide a valuable service to the office and industry employees
as well as nearby residents.
4. Traffic generated by other uses on the site will not pose a danger
to children served by the day care center. The entrance and the
outside play area are to be located away from traffic to adjacent
uses.
5. LaPepiniere Montessori School and Day Care Center is an
educational use licensed as a school and a day care center. A
school (an educational use) is comprehended as a special use in
the I-1 zoning district. The school and day care center are
compatible uses.
These comments basically address the special standards applied to day care centers
in the commercial zoning districts (attached). Another set of requirements in
Sections 35-411 and 35-412 apply,to the play yard (see Section 35-412.7 (attached) .
The appellant has submitted a site plan which shows an enclosed play yard in the yard
area abutting 69th Avenue North. The play yard would cut off the driving lane along
the north side of the building (play yards must be contiguous to the day care center
under Section 35-412) . The Fire Chief sees no problem with cutting off a portion of
this driving lane. A hydrant at the northeast corner of the building would have to
be relocated, however. A turnaround at the northeast corner of the site would also
have to be constructed to allow movement of fire trucks as well as cars dropping off
children.
4-14-88 _1-
Application No. 88003 continued
Returning to the question of use, staff are not violently opposed to, nor overly
excited about, the location of day care centers in the Industrial Park. However,
the Planning Commission and City Council should be convinced that all standards and
requirements pertaining to day care centers in commercial zones can be met in an
industrial zone as well. The standards and requirements can probably be met in this
case, but these are few such locations in the Industrial Park. Staff have surveyed
16 Minneapolis suburbs. The results of the survey are as follows:
-Eleven (11) communities do not allow day care as a principal use in any
industrial district. Of these, four cities allow day care as an
accessory use in an industrial district.
-Five (5) communities do allow day care centers as a principal use in an
industrial district. Of these, three cities allow day care by
conditional use permit.
If the Commission is sympathetic to the idea of day care in the Industrial Park, we
would recommend that it be allowed only special use permit as other commercial uses
are allowed in the I-1 zoning district. The Commission should be aware, however,
that the City Council is reviewing the present I-1 special uses with an eye to how
they are affecting development options for the remaining parcels in the I-1 zone.
Generally, staff are recommending against small, fragmented developments north of
Freeway Boulevard which would commercialize the portions of the industrial park
that have generally been developed with larger, consolidated developments. Lay
care centers, if freestanding, would tend to be a smaller development in the
Industrial Park and, thus, work against an effort to promote larger developments.
We will have more information on the City Council's desires for the Industrial Park
by Thursday night's meeting.
4-14-88 -2-
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