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HomeMy WebLinkAboutPC94007 5401 69th Ave 6-2-94CITY OF BROOKLYN CENTER PLANNING COMMISSION APPLICATION Application No. 94007 Street Location of Property Legal Description of Property Owner Please Print Clearly or Type -54c:> r / -;;/�,e 4-). 6;"ty Address_ 9(- �` , Phone No. S_61-Cy7y Applicant 6_11(1� Address Phone No. Type of Request: Rezoning Variance Subdivision Approval L-1� Site & Bldg. Plan Approval Special Use Permit Other: Description of Request: -9e�� 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 $ Receipt No. Date: &/,?/f: 4 PLANNING COMMISSION RECOMMENDATION ates of P.C. Consideration: ti - 16 tip ppiicant's Signature approved �� Denied this day of 19 subject to the Following conditions. Chairman r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CITY COUNCIL ACTION gates of Council Consideration: (J d "i _`1 !pproved Denied this ? -1 day of J U,,t. 19_g_�_, with the following amendment: S EE ewud i rie0uc es -or 4ppKyCIA wer �/I Form No. 18. (over please) CITY OF BROOKLYN CENTER, MINNESOTA 6301 Shingle Creek Parkway 55430 , PROCEDURES AND REQUIREMENTS FOR FILING APPLICATION FOR SITE AND BUILDING,. PLAN APPROVAL Prior to submission of an application for plan review and approval, prospective applicants should arrange an informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with applicable ordinance and policy provisions. Four (4) copies of the following documents and information shall be submitted, at least 14 days prior to the date of the regular Commission meeting, concurrent with fi inT v the application (required documents must be consistent with ordinance and policy provisions before an application may be accepted): 1. A certified site survey drawing by a registered engineer or land surveyor showing pertinent existing condition, accurately dimensioned. 2. *An accurately scaled and dimensioned site plan indicating: a) parking layouts and access provisions, including calculation of ordinance parking requirements; b) designations and locations of all proposed buildings and required setback lines; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location (foot candle strength at property line must be calculated); e) curbing (B612 curb and gutter is required). Indicate radius measurements; f) building information, including: gross floor area, type of construction and occupancy classification. 3. *A landscape plan showing areas to be sodded or seeded, quantity, location, size and species of trees and shrubbery. (Note: underground irrigation is required in all landscaped areas in commercial and industrial districts. Plans must be so noted). 4. *Building floor plans, elevations, sections and specifications, including materials proposed. 5. *Existing and proposed land elevations, drainage provisions, and utility provisions, including the diameters of utility lines. 6. Additional drawings, plans or information deemed necessary by the Secretary. *Must be prepared by a registered architect or person registered with the State Board of Registration for Architects, Engineers, Landscape Architects and Land Surveyors, and said drawings/plans shall be so certified. NOTE: Upon approval of plans by the Council and prior to issuance of permits, a Performance Agreement as to approved site improvements and a supporting financial guarantee, in an amount to be determined by t'R—e—City, are required. Acceptable financial instruments include cash escrow; certificate of deposit; and performance bond. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Planning and Inspection Department. P/I Form No. 19 Planning Commission Information Sheet Application No. 94007 Applicant: Maranatha Baptist Care Center Location: 5401 69th Avenue North Request: Special Use Permit/Site and Building Plan Approval The applicant is seeking site and building plan approval and an amendment to its special use permit to construct a 5,125 square foot addition to the Maranatha Baptist Care Center which is located at 5401 69th Avenue North. This 114.5' by 45' addition would be to Wing II, the center wing, to the rear of the building. The property in question is zoned Rl (one family residence) and this care center is a special use in that zoning district per section 35-310, subdivision 2g which provides for "other, non- commercial uses required for the public welfare in an Rl district, as determined by the City Council." The subject site is located on the south side of 69th Avenue, westerly of Toledo Avenue North. It is bounded on the north by 69th Avenue; on the east by single family homes facing Toledo Avenue; on the south by single family homes facing 68th Avenue North; and on the west by R6 zoned property which is the site of Maranatha Place, a four story senior housing complex operated by Maranatha. ACCESS/PARKING The plan calls for no change with respect to access to and parking for this site. Access is gained from 69th Avenue leading to a parking lot at the northeast portion of the property which is connected to a drive lane leading to the main entrance for the care center. Access can also be gained to this same point from a driveway opening on 69th Avenue serving Maranatha Place which also leads to the care center entrance. Approximately 53 parking spaces are located on the care center property, with space available to add more parking if necessary. Also, the care center can utilize some available space at Maranatha Place should the need arise. The parking formula for a nursing or rest home is one space for every four beds, plus one space for each staff doctor and one space for every two employees at the maximum shift. The expansion does not contemplate any additional beds, only the rearrangement of units in the facility to better accommodate patients needs and ADA requirements. In fact, it is my understanding, that there is a moratorium on adding more nursing home beds in the metropolitan area. This facility has 106 beds and, based on past records, has 14 staff doctor's visiting the facility and 50 employees at the maximum shift. This would amount to a parking requirement of 66 (26.5 + 14 + 25 = 65.5) it is not believed that this 13 parking stall deficiency is a problem because of available space to construct additional parking on the site and the arrangement with neighboring Maranatha Place. Hdwever, the execution and filing of a proof of parking agreement between Maranatha and the City might be appropriate should parking become an issue in the future. GRADING/DRAINAGE/UTILITIES No changes to the plans involving these matters are proposed. Because the site is less than 5 acres, no watershed review is required. Planning Commission Information Sheet LANDSCAPING The applicant has submitted a landscape plan in response to the landscape point system used by the Commission to evaluate such plans. This 3.77 acre site requires 342 landscape points. Existing landscaping is shown on the plan and amounts to 148.5 points based on 9 shade trees, 5 decorative trees, 2 'coniferous trees and 78 shrubs. New plantings amount to 194 points for a total of 342.5 landscape points. New plantings include 8 Maple trees, 3 to the rear of the property, 1 on either side of the new addition, one west of Wing III, and one on either side of the entrance drive in the 69th Avenue greenstrip. Eighteen Spruce trees, 5' high, are to be added to the site. Eight will be located along the rear property line, 20' on center, two at the southeast corner of the site, 6 to the east of Wing I also planted 20' on center and two near the front building entrance across the drive lane. Twelve Juniper shrubs are proposed. Five are to be located along the edge of the patio between Wing I and Wing II; two to the south of Wing I; and five near the sign near the front of the building. BUILDING The exterior of the building addition is to be concrete and masonry. Stack bond, painted concrete block with a decorator top course will be provided to match the existing building. Windows are to be aluminum, thermal break units to match the existing. The building addition is to be fire sprinklered. LIGHTING/TRASH No new exterior lighting is proposed and the dumpster is to remain in its current location which is not shown on the plan but is in the northeasterly portion of the site. Special Use Permit Standards A public hearing is scheduled for the special use permit and notices of the Planning Commission's consideration have been sent. Attached for the Commission's review is a copy of section 35-220 subdivision 2 which contains the five standards for special use permits. As of the writing of the this report, I have received one call in response to the notices that from Mrs. Eugene Meyer who owns the home at 6843 Toledo Avenue North (southwest corner of Toledo and 69th Avenues). The Meyer's are currently out of town and will not be able to attend the Planning Commission meeting due to other obligations. Mrs. Meyer has asked me to convey her concerns to the Planning Commission and has left a telephone number in Fergus Falls where she can be reached. .She said that she is opposed to the expansion of Maranatha because she does not believe the organization has been responsive in dealing with neighborhood concerns. Among other things she is concerned about noise and other activities that she considers detrimental to her property. She cites the following: -2- Planning Commission Information Sheet 1. Garbage is being collected at 5:30 a.m. and is disturbing. She claimed Maranatha Care Center had informed her that garbage would not be collected until after 7:00 a.m. (Note - section 7-102 subdivision 4 of the City ordinances requires collection in residential zones to be conducted between 6:30 a.m. and 8:30 p.m.) 2. Noise from employees dumping garbage in the trash containers late at night is also disturbing. She suggests that the dumpster be moved to another location on the property. 3. Noise from delivery trucks making early morning deliveries with air brakes and back up indicators is also disturbing to neighbors. 4. Mrs. Meyer's cited noise from employees during shift change at night. The noise is from cars, loud mufflers, door slamming, etc. 5. She also cited littering problems noting that Maranatha has a no smoking on the property policy. She indicated employees smoke on the side walk by the Meyer's property and often discard cigarette butts, styrofoam cups and pop cans in the Meyer's yard and on the boulevard area adjacent to the sidewalk. Mrs. Meyer noted that she and her husband try to maintain their property and are constantly picking up this type of material from their property and from the boulevard portion of the right-of-way which they are expected to maintain. 6. She cited water problems on their property because she claims, over the years, Maranatha has built up their parking lot by the entrance so much so that it causes standing water on their property. 7. She claims that over the years there has been a lack of maintenance on the screen fence between the residents property and Maranatha Care Center. She said it has become dilapidated and needs better maintenance. These comments and concerns will be passed along to representatives of Maranatha Care Center for their response on Thursday evening. RECOMMENDATION If the Commission is satisfied that the standards for special use permit are met, we would recommend approval of the application subject to at least the following conditions: 1. Building plans are subject to review and approval by the building official with respect, to applicable codes prior to the issuance of permits. -3- Planning Commission Information Sheet 2. A site performance agreement and supporting financial guarantee shall be submitted prior to the issuance of permits to assure completion of all approved site improvements. 3. Any outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. 4. The building is to be equipped with an automatic fire extinguishing system to meet NFPA standards and shall be connected to a central monitoring device in accordance with Chapter 5 of the City Ordinances. 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. A proof of parking agreement acknowledging the need to install up 66 parking spaces on the site shall be executed and filed with the title to the property prior to the issuance of the building permits for this project. 7. A special use permit is granted to the applicant for the expansion of a nursing care facility. Any expansion or alteration of this use shall require an amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. se PLANNING COMMISSION FILE CHECKLIST File Purge Date: I C I:)C FILE INFORMATION Planning Commission Application Number: C-' PROPERTY INFORMATION Zoning: PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission --( (I �_ + <� ) City Vault Minutes: City Council City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault 0M OR PLANNING COMMISSION FILE CHECKLIST File Purge Date: U Q IC40 FILE INFORMATION Planning Commission Application Number: 5� 1C%L PROPERTY INFORMATION Zoning: R U PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Tvr)e Date Range Location Agendas: Planning Commission Office I - -6 Minutes: Planning Commission , II -� City Vault Minutes: City Council 111 1� ('�) City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault 7-�y Ordinances: City Council City Vault :.r 111.1 PLANNING COMMISSION FILE CHECKLIST File Purge Date: C2 I Cl FILE INFORMATION Planning Commission Application Number: 3% PROPERTY INFORMATION Zoning: R b PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission (,--I ;ix1;i� Is City Vault Minutes: City Council •-) I'-j 14. City Vault Document Type Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault PLANNING COMMISSION FILE CHECKLIST File Purge Date: L FILE INFORMATION Planning Commission Application Number: C,'A PROPERTY INFORMATION Zoning: L� PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Range Location Agendas: Planning Commission Office Minutes: Planning Commission City Vault Minutes: City Council I533 City Vault Document Tvge Number Location Resolutions: Planning Commission City Vault Resolutions: City Council City Vault Ordinances: City Council City Vault PLANNING COMMISSION FILE CHECKLIST File Purge Date: t C' FILE INFORMATION Planning Commission Application Number: PROPERTY INFORMATION Zoning: R U- PLAN REFERENCE Note: If a plan was found in the file during the purge process, it was pulled for consolidation of all plans. Identified below are the types of plans, if any, that were consolidated. • Site Plans • Building Plans • Other: FILE REFERENCE Note: The following documents were purged when this project file became inactive. We have recorded the information necessary to retrieve the documents. Document Type Date Ran-ge Location Agendas: Planning Commission Office Minutes: Planning Commission Minutes: City Council Document Type Resolutions: Planning Commission Resolutions: City Council City Vault y City Vault Number Location City Vault City Vault Ordinances: City Council City Vault CITY OF COOKLYN CENTER Mark J. Maloney, P.E. City Engineer November 20, 1992 Mr. Larry Petersen Maranatha Care Center 5401 - 69th Avenue North Brooklyn Center, Minnesota 55429 RE: Required Improvements at Maranatha Place Planning Dept. Application No. 87010 Dear Mr. Petersen: 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 All work for the above development, as required by the City and detailed in my November 13, 1991 correspondence, is now complete and accepted. I was informed last week by Public Utility personnel that the hydrants and valves that were previously identified have been located and/or adjusted to their satisfaction. Accordingly, I have informed the Planning Department that they may release the Financial Guarantee that the City was holding. Thank you for efforts and patience throughout this process. Sincerely, Mark J. Maloney, P.E. City Engineer cc: GA' Shallcross, Planning & Inspections File-Maranatha CITY OF ROOKLYN CENTER Mark J. Maloney, P.E. City Engineer November 13, 1991 Mr. Larry Peterson Maranatha Care Center 5401 - 69th Avenue North Brooklyn Center, Minnesota 55429 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 RE: Conditions for release of Financial Guarantee, Keller Construction Dear Mr. Peterson: The City of Brooklyn Center is holding a Site Performance Agreement and Financial Guarantee for site improvements at Maranatha. All of the site improvements for Maranatha Place, Planning Dept. Application No. 87010, have been completed except for the following: • The hydrant adjustments referred to in 06/20/90 corresp9ndence from Gary Shallcross have yet to be completed. Specifically, two hydrants need to be raised a minimum of 6", and it appears that the valve boxes for these hydrants also need to be raised. • An asbuilt survey showing buildings, parking areas and horizontal and vertical ties to all utilities (bends, service wyes, water services, etc.) must also be submitted. This asbuilt could simply be the original utility plan with revised or additional information from the contractor's or inspector's records. These items of work must be completed before the City will consider release of the Financial Guarantee. Please contact me regarding the specific requirements of the above -mentioned asbuilt drawings. Questions about the hydrant adjustments should be directed to Dave Peterson, 569-3421. Sincerely, Mark J. Maloney, P.E. City Engineer cc: Gary Shallcross, Planning & Inspections Dave Peterson, Public Utilities ON L b CITY OF COOKLYN CENTER September 15, 1992 Mr. Larry Peterson Maranatha Place 5415 69th Avenue North Brooklyn Center, MN 55429 RE: Drainage Ditch Improvements Planning Commission File No. 87010 Dear Mr. Peterson: 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 Please be advised that the work now completed on the drainage ditch along the westerly side of the Maranatha Place development meets the City's requirements under the site and building plan File No. 87010. Thank you for your cooperation in getting the needed worked accomplished. Yourrpp T.Sy K cc: Ron Warren, Director of Planning & Inspection Project File CITY OF COOKLYN CENTER November 13, 1990 Mr. Larry Peterson Maranatha Baptist Care Center 5401 69th Avenue North Brooklyn Center, MN 55429 Dear Larry, 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 561-0717 EMERGENCY - POLICE - FIRE 911 Please accept my sincere thank you for your cooperation and leadership in resolving the problems relating to the drainage ditch between Maranatha and the Pebble Creek property. Yours veV , _ Sy Kna Director of Public Works cc: G. G. Splinter, City Manager t--l:Co—n Warren, Director Planning & Inspections ***************************************************************************************** ITEM DESCRIPTION: Performance Bond Releases/Reductions DEPT. APPROVAL' A. Warren, Director of MANAGER'S REVIEW/RECOMMENDATION: Inspection No comments to supplement this report Comments below/attached ***************************************************************************************** SUMMARY EXPLANATION: (supplemental sheets attached ) The following performance guarantees are recommended for release or reduction as specified: 1. Maranatha Place 5415 69th Ave. N. Planning Commission Application No. 87010 Amount of Guarantee - $59,500.00 bond Obligor - Keller Construction Company/Maranatha Care Center All site improvements are now complete and accepted and an acceptable as -built utility survey has been submitted. Recommend total release. 2. Investors Savings Bank 5540 Brooklyn Boulevard Planning Commission Application No. 91005 Amount of Guarantee - $401000 savings certificate Obligor - Investors Savings Bank All site improvements have been completed in accordance with the approved plans and an acceptable as -built survey has been submitted. Recommend total release. Performance Bonds Page 2 December 14, 1992 3. New Horizon Day Care 6800 Humboldt Ave. N. Planning Commission Application No. 92010 Amount of Guarantee - $10,000 cash escrow Obligor - Weis Asset Management Landscaping is complete. Curbing is complete. The fence is up. Playground equipment and rock remain to be placed. Recommend Reduction to $2,000 until spring to determine the visibility of landscape plantings. Respectfully Submitted, Gary Shallcross Planner • COST ESTIMATE FOR PERFORMANCE AGREEMENT For the purpose of establishing a bond amount to guarantee site improvements approved under Planning Commission No. 4: p Eb _, please complete the following checklist of improvements as they pertain to the project in question. Unless otherwise requested, the improvements listed are those to be made on the site, not on public right-of-way. Type of Improvement Grading Landscaping.(trees & shrubs) Sodding Seeding Underground irrigation Curb and Gutter (B612) Bituminous paving Storm sewer & catch basins Sidewalks Handicapped ramps Fencing Rooftop screening Trash enclosure Other as specified TOTAL Quantity i N0V c CEIVED HUNTER, MINK Unit Cost a $ 3SCC5 e � lbo�oo " 4000 aaoo $ The cost estimate provided is subject to verification by the City Manager prior to determination of a bond. Bond amounts as a percentage of a verified cost estimate will vary depending on the size and nat re of,the project. U^^n� \ ou P/I Form No. 52 July 26, 1994 Mr. Larry Peterson Maranatha Baptist Care Center 5401 69th Avenue North Brooklyn Center, MN 55429 Dear Mr. Peterson, This letter is to inform you of the action taken regarding an amendment to the approval of Application No. 94007. Enclosed is an excerpt from the minutes of the City Council meeting and also a copy of the Planning Commission meeting pertaining to Application No. 94007. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary cc: File No. 94007 Enclosures action.pf Ms. Donberg stated that the poor road conditions in that area are mostly due to the war fr m the Car Wash during the winter freezing and then melting, / Chal erson Willson called for any more questions for the applicant or for anyon else to speak t the public hearing, t Tllere was 14uodon by Collullissioner Mstrom and seconded by Coll,,,, * ioner Reem to close the pub ' hearing at 7:56 p.m. The motion passed unanimously. There was a motion Commissioner Hilstrom and seconded Commissioner Booth to recommend approval Application No. 94006 submitted Wendy's International for preliminary plat approv to combine into a single lot a property more commonly described as 5545 Xerxes entle North and the vacant to mediately to the south subject to the following conditions: 1. The final plat is subject t review and appro al by the City Engineer. 2. The final plat is subject to th provision of Chapter 15 of the City Ordinances 3. The financial guarantee being he f Planning Commission Application No. 93009 submitted by Wendy's Inter, hall not be released until the final plat has been approved by the City Council an ill with Hennepin County, 4. The financial guarantee bein eld for PI ' g Commission Application No. 93009 submitted by Wendy's Into ational shall t be released until all landscaping and parking lot improvements omprehended un the expanded parking Iot plan have been completed and in compliance with a maintenance provisions of the executed oerformanc agreement. Voting in favor: Chairpe on Willson, Commissioners Booth, 'lstrom, Reem, and Sander, The motion passed un imously. The Secretary noted hat the application will be referred to the City ncil at the June 27, 1994, meeting. Th applicant is required to be present at the City Coun ' meeting. If any changes or modifi ations are made to the plans prior to city C hinc:il ronsidn tine, they may 11dYc LU UV U1VU 1t uabR L,%oLv16, t111r 116611malro %e/,iaauAkJQAW+a tva .y,jyTT, APPLICATION NO. 94007 iMARANATHA BAPTIST CARE CENTER) Chairperson Willson introduced the next item of business, a request from Maranatha Baptist Care Center requesting site and building plan approval and an amendment to its special use permit to construct a 5,125 square foot addition to the nursing care center. 6-16-94 3 The Secretary presented the staff report, used overhead transparencies to show the location and detail (see Planning Commission Information Sheet for Application No. 94007, attached). The Secretary stated he had received two calls in response to the notices. One call was from Mrs. Eugene Meyer who owns the home at 6843 Toledo Avenue North (southwest corner of Toledo and 69th Avenues). The Meyer's are currently out of town and will not be able to attend the Planning Commission meeting due to other obligations. The Secret reported Mrs. Meyer had asked him to convey her concerns to the Planning Commission and had left a telephone number in Fergus Falls where she can be reached. She said that she is opposed to the expansion of Maranatha because she does not belicvc the organization has been responsive in dealing with neighborhood concerns. Among other things, she is concerned about noise and other activities that she considers detrimental to her property. She cites the following: 1. Garbage is being collected at 5:30 a.m. and is disturbing. Z. Noise from employees dumping garbage in the trash containers late at night is also disturbing. 3. Noise from delivery trucks. 4. Noise from employees during shift change. 5. Littering problems since Maranatha has a no smoking on the property policy. 6. Water problems due to Maranatha building up their parking lot by the entrance. 7. Lack of maintenance on the screen fence between the residents property and Maranatha Care Center, The Secretary reported he also received a call from Ms. Sandy Christenson of 6803 Toledo Who would not be able to attend the Planning Commission's meeting due to other obligations, stating a concern that the proposed trees which border her property would shade her garden and should be moved back from the fence, Commissioner Sander question the Secretary if the mature growth width of Spruce trees to be planted are taken into consideration. Commissioner HUstrom showed concern if the staff would be increased with this expansion. The Secretary stated that at this time the applicant is not proposing to increase the bed count and would need City approval to do so since the parking lot would have to 6-16-94 4 accommodate this increase. He added that it is his understanding that the staff will also not increase due to this addition. Commissioner Booth asked for clarification of where the Meyer's property is located. The Secretary pointed the property out on the overhead projector. Commissioner Hilstrom raised the question, what kind of fence borders the Meyer's property and Maranatha Care Center, The Secretary was not sure but believes it to be chain link fence. Chairperson Willson requested that the applicant come forward. Mr. Jerry Mundt architect for Maranatha Care Center came forward to answer landscaping questions. The shrubs on the east were designed as screening. The trees will be 20 feet from center and will not be any closer than 8 feet from the property line. The remodeling will be affecting room sizes turning 2 bed rooms into 1 bed rooms so it will not be increasing beds. Mr. Mundt then referred questions to Ms. Eunice Ulshafer of the Administration of Maranatha Care Center. Ms. Ulshafer addressed each issue that Mrs. Meyer had voiced. The garbage vendor had already been approached about collecting at a later time and staff will be approached about late night dumping. Staff will also be approached about noise during shift change and behavior while smoking. The fence is already be* repaired, Commissioner Reem questioned if the dumpster could be moved. Ms. Ulshafer stated it was not possible at this time noting the edsting location near the maintenance pan of the building, Commissioner Sander asked if accommodations could be made for smokers so they would not have to leave the property. Commissioner Reem questioned the responsibility of Maranatha for their employees and their behavior. Ms. Ulshafer stated she would approach the Board of Directors about accommodations for the smokers. Commissioner Reem also suggested that as a good neighbor, Maranatha should phone Mrs. Meyer to inform her of the meeting and what Maranatha is planning on doing to resolve the issues. The Secretary added that it was his understanding that Mrs. Meyer would not object to the expansion if the stated issues would be resolved. Ms. Ulshafer assured the Planning Commission that she would contact Mrs. Meyer. Chairperson Willson reiterated that the water issue needs to be investigated. The Secretary stated he would review and collaborate with the Girt' Engineer to seek answers to this problem. Commissioner Hilstrom requested that the fence be kept in repair regularly. 6-16-94 $ PUBLIC HEARING (APPLICATION NO 94007) Chairperson Willson asked for a motion to open the public hearing on the request from Maranatha Baptist Care Center requesting site and building plan approval and an amendment to its special use permit to construct a 5,125 square foot addition to the nursing care center at 8:40 p.m. There was a motion by Commissioner Hilstrom and seconded by Commissioner Booth to open the public hearing. The motion passed unanimously. Chairperson Willson asked if there was anyone present who wished to address the Commission. There was no response to the open hearing, CLOSE PUBLIC HEARING There was a motion by Cummissiuner Hilstrurn and- seconded by Couunissioner Booth to close the public hearing at 8:41 p.m. The motion passed unanimously. Commissioner Sander questioned the Secretary if 8 feet would be enough room for the maturity of the Spruce trees. The Secretary stated with grooming the trees should stay within the boundary of the property. C',ommissioner ,Sander felt 9 or 10 feet would be more appropriate. Mr. Jerry Mundt then stated they would move the trees to 10 feet from the property line, Commissioner Hilstrom questioned if the shrubs near the dumpster were actually screening the dumpster. Mr. Mundt stated that the shrubs were quite thick, AQMON RECOMMENDING APPROVAL OF APPLICATION NO 94007 MARANATHA BAPTIST gARF UN'T'E _Sr�.a • r There was a motion by Commissioner Sande and seconded by Commissioner Hilstrom to recommend approval of Application No. 94007 submitted by Maranatha Baptist Care Center requesting site and building plan approval and an amendment to its special use permit to construct a 5,125 square foot addition to the nursing care center subject to the following conditions: 1. Building plans are subject to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 2. A site performance agreement and supporting financial guarantee shall be submitted prior to the issuance of permits to assure completion of all approved site improvements. 3. Any outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view, 6-16-94 6 APPLICATION NO 94007 Tne City Manager introduced Planning Commission Application No. 94007, submitted by iNfaranatha Baptist Care Center for site and building plan approval and an amendment to its special use pe „ it to construct a 5,125 square foot addition to the nursing care center. This application was recommended for approval by the Planning Commission at its June 16 1994, meeting, , The Planning and Zoning Specialist presented the Staff repot on the application. He further eiplained that, in response to notices sent out in relation to the special use permit, two telephone calls were received from neighboring property owners. He reviewed the cone;.-ns and explained how the business has already begun to address them. He also specifically reviewed condition number si:x which had been imposed upon the application. Fie said, be the addition adds square footage to the building, there is technically a need for more parking spaces to be added. However, no nursing care beds arc being added and therefore the parking expansion is not necessary agreement is a safeguard for the tutus in the evt thetprooeme' The proof of parking p cry is sold. Councilrnember KaLigher asked for more information about condition number six regarding Parking. The Planning and Zoning Specialist stated easements for parking are in e stencg 6i27/94 but there is no proof of parking, which the City could require. Therefore, it would be appropriate for a proof of parking to be on file for future reference. Councilmember Kalligher then inquired about the water problems on the site. The Planning and Zoning Specialist said Staff is still reviewing the situation but have not found any apparent cause for water back-up. He said it could possibly hays been a temporary problem Iast year due to heavy precipitation. Councilmember Kalligher asked whether resolution of the water problem could be added to the list of conditions. The Planning and Zoning Specialist said a condition could be added and Commissioner Kalligher asked that it be done. Councilmember lyfann asked the applicant, Larry Paterson, whether the garbage collector is complying with the change in pick-up time. Mr. Peterson said the collector has been contacted about the change. Councilm4mber Mann asked Mr. Peterson whether he plans to arrange to accommodate smokers on his staff Mr. Peterson noted this is an ongoing problem which he is attempting to control. Councilmember, Kalligher asked Mr. Peterson about the water problem. Mr. Peterson said he has spoken with hfrs. die; er and appreciates her patience. He said the water is blocked - and he is willing to work to resolve the problem. Councimember Kalligher asked Mr. Peterson whether he minded if a condition was added to address the water problem. Nir. Peterson said he did not. There was a motion by Councilmember Mann and seconded by Councilmember Kalligher to approve Punning Commission Apolication No. 94007 submitted by Maranatha Baptist Care Center, subject to the following conditions: 1. Bufiding plans are subject to review and approval by the building official with respect to applicable codes prior to the issuance of permits. 2. A site perfo .. ance agreement and supporting financial guarantee shall be submitted prior to the issuance of aemzits to assure completion of all approved . site improvements. �. zy outside trash disposal facilities and roof top mechanical equipment shall be appropriately screened from view. Y. The building is to be equipped with an automatic fire extinguishing system to meet .NF'A standards and shall be connected to the central monitoring, device iLn accordance with Chapter _ of the City Orc:narces. 6i27/94 . 6 - 5. Plan approval is exclusive of all signery which is subject to Chapter 34 of the City Ordinances. 6. A proof of parking agreement acknowledging the need to install up to 66 parjdng spaces on the site shall be executed and filed with the title to the property prior to the issuance of the building permits for this project. 7. A special use permit is granted to the applicant for the expansion of a nursing care facility. Any expansion or alteration of this use shall require an amendment to this special use permit. 8. The special use permit is subject to all applicable codes, ordinances and regulations, any violation thereof could be grounds for revocation. 9. The applicant shall eliminate on -site obstructions causing the ponding of water on the northwesterly portion of the property located at 6843 Toledo Avenue North. The motion passed unanimously. , , DISCLiSSION ITEMS BROOKLYN BOULEVARD PLAN A representative of BRW, Arijs Pakalns, -presented the final recommendations for r,e CITY OF BROOKLYN CENTER CITY COUNCIL 6301 Shingle Creek Parkway 569-3330 INFORMATIONAL MEETING TO WHOM IT MAY CONCERN: Please take notice that the City Council of the City of Brooklyn Center will hold a public hearing on Monday, June 27, to consider the petition described below. The meeting will begin at 7:00 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. A definite time for this petition to be considered cannot be given as it will depend on the progression of the agenda items. TYPE OF REQUEST: Special Use Permit PETITIONER: Larry Peterson PROPERTY NAMED IN THE PETITION: Maranatha Baptist Care Center, 5401 69th Ave N Legal Description: Lot 1, Block 1, Maranatha Addition BRIEF STATEMENT OF CONTENTS OF PETITION: Request for Special Use Permit to construct 5,000 sq. ft. addition and remodeling of nursing care center. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. Respectfully, C A - Ronald A. Warren Planning Commission Secretary June 3, 1994 Mr. Larry Peterson Maranatha Baptist Care Center 5401 69th Ave N Brooklyn Center, MN 55429 Dear Mr. Peterson, Please be advised that the Planning Commission of the City of Brooklyn Center will review Planning Commission Application No. 94007, submitted for Special Use Permit and Site and Building Plan approval, at its meeting on Thursday, June 16, at approximately 7:30 p.m. in the City Hall Council Chambers, 6301 Shingle Creek Parkway. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW: cc: File 94007 CITY OF COOKLYN C ENTER June 22, 1994 Mr. harry Peterson Maranatha Baptist Care Center 5401 69th Ave N Brooklyn Center, MN 55429 Dear Mr. Peterson, 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 Please be advised that the City Council of the City of Brooklyn Center will review Planning Commission Application No. 94007, submitted for special use permit, at its meeting on Monday June 27, 1994 in the City Hall Council Chambers, 6301 Shingle Creek Parkway. This City Council- Meeting begins at 7:00 p.m. and this matter will be considered as soon thereafter as the City Council's agenda will permit. The applicant or a designated representative must be present at this meeting. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. If you have questions or comments regarding this matter, please contact me. Sincerely, Ronald A. Warren Planning Commission Secretary RAW: cc: File No. 94007 r!ema CITY OF COOKLYN CENTER DATE: June 22, 1992 6301 SHINGLE CREEK PARKWAY BROOKLYN CENTER, MINNESOTA 55430 MEMORANDUM TELEPHONE: 569-3300 FAX: 569-3494 EMERGENCY - POLICE - FIRE 911 TO: Sy Knapp, Director of Public Works Dave Peterson, Public Utilities Superintendent Gary Shallcross, Planner File - Maranatha Care Center FROM: Mark J. Maloney, City Engineer M RE: Status of Financial Guarantee for Maranatha Care Center As of this date, the Financial Guarantee for the above project should not be released. A brief update of the project is as follows: - The Public Utility Department reported some time ago that hydrants and/or valves needed adjustment prior to final approval by the City. It now appears that one of the hydrant lead valves originally shown (on the approved plan) was never actually installed. This information has been given to the Maranatha representative, Mr. Larry Peterson, by both myself and Dave Peterson. I was informed in May of this year that "they were working on it". - An asbuilt survey has been forwarded to me. It is in reasonable compliance with the standards set forth by this office, however, when the additional valve work is performed, that resulting data will need to be added to the drawing. Until these items are taken care of properly, I cannot recommend release of the Financial Guarantee. Please let me know of any questions that you may have. 19B6ALLrIMf1iCACfIY � Q�