HomeMy WebLinkAboutPC86031 - 8/28/86 - 5615 Xerxes AvePLANNING COMMISSION FILE CHECKLIST
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CITY OF BROOKLYN CENTER
PLANNING COMMISSION APPLICATION
Application No.
86031
Please Print Clearly or Type
Street Location of Property Westbrook Mall Building 1 5615 Xerxes Ave. North
Legal Description of Property ReQisterecl Land Survey ��1235
Owner integr ted Resources,
Addressc/0 Gabbert & Beck 3510 W. 70th St. Edina, NN 55435 Phone No. 925-4321
Applicant Codecq Inc. Kids' Time Out of Brooklyn Center
Address 4704 Townes Road Mirmeapolis, MN
Type of Request: Rezoning
Variance
Special Use Permit
Description of Request: See attached Letter
55424 Phone No. (612) 920-2630
Subdivision Approval
Site & Bldg. Plan Approval
Other:
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 p�lAigation tq�pay cos in rred
prior to withdrawal. (/.�/ /I
Fee $ Applicants Signature
Receipt No. --I �e 1 Date:
Dates of P.C. Consideration:
Approved
PLANNING COMMISSION RECOMMENDATION
Denied this Z day of
19subject to the
CITYrCOUNCILACTION
Dates of Council Consideration: / �/
Approved Denied this _Oday of
amendment:
19 , with the following
Clerk
P/I Form No. 18 (over please)
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WESTBROOK MALL
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BROOKLYN CENTER, MINNESOTA SITE PLAN
Planning Commission Information Sheet
Application No. 86031
Applicant: Codeco, Inc.
Location: 5615 Xerxes Avenue North
Request: Appeal
This application is an appeal from an administrative determination that a drop -in
day care operation is not permitted in the Westbrook Mall Shopping Center. The
property in question is zoned C2 and is bounded by County Road 10 on the north, by
Xerxes Avenue North on the east, by Baker's Square restaurant and First Brookdale
Bank on the south, and by Brooklyn Boulevard on the west.
The appellant, in a letter dated August 12, 1986 (attached), proposed to operate a
drop -in child care service at Westbrook Mall in the building south of Dayton's Home
store. The proposed use would involve care for up to five (5) hours of children 2-12
years of age between the hours of 9:00 a.m. and 10:00 p.m. (Additional information
regarding the proposed use is contained in the appellant's correspondence,
attached). Staff issued a letter to the appellant on August 14, 1986 denying the
proposed use on the grounds that the only reference to a child care use in Section 35-
322 of the Zoning Ordinance (uses allowed in the C2 zone) was Subsection 3q (Group
day care) which specifically prohibits day care centers from locating in shopping
centers (see staff letter and section 35-322.3q attached).
The appellant, Mr. Gary Code, has in turn filed an appeal under the provisions of
Section 35-251 of the Zoning Ordinance (attached) and has submitted a letter dated
August 14, 1986 setting forth the case that a drop -in center should be treated
differently than a traditional day care center. The letter points out that the
hours (9 a.m. to midnight on weekends) are more similar to the hours of retail and
entertainment uses than traditional day care. Mr. Code also points out that
children stay no more than 5 hours and come on an irregular basis. Parents do not
sign up children in advance. No meals would be provided, though bag lunches may be
brought in. Parents take with them an individual pager by which they may be
contacted in the event of an emergency.
Mr. Code concludes his letter by urging that the City change its ordinance to
distinguish between drop -in child care and traditional, regularly -scheduled day
care. Staff would certainly prefer this approach over allowing day-care centers as
such in shopping centers. We would accept the reasoning that temporary care of
young children on an irregular basis does not require an outside play area and may,
therefore, be allowed to locate in enclosed spaces in retail centers or office
buildings. The present ordinance makes no distinction between various types of
child care and that is why the proposed use had to be denied for the Westbrook Mall
location.
In discussions with the appellant, we have inquired as to the manner in which the
State of Minnesota licenses drop -in child care centers as compared to the licensing
of group day care centers. The appellant has indicated that the State will license
drop -in centers without outdoor play areas. Our concern is that the license is
distinguishable from a standard day care license, that a facility such as proposed
cannot receive a general day care license from the State and evolve into a
traditional day care center, contrary to the intent of the Brooklyn Center Zoning
Ordinance.
8-28-86 -1-
Application No. 85031 continued
We have contacted the licensing division at the Minnesota Department of Public
Welfare regarding the licensing of such drop -in centers in other locations. Such
operations receive a general day care license with certain stipulations as to the
operation listed on the license application. This means that the State license is
a general control device that has the degree of specificity desired by the City only
in concert with the license application. If the City is willing to allow drop -in
centers in shopping centers, a copy of both the State license and the application
will have to be regularly submitted to the City to assure that the program continues
to provide only temporary, non -regular child care. A draft ordinance amendment is
attached for consideration by the Commission.
In conclusion, staff recommend that the appeal either be denied in total, or that an
ordinance amendment be adopted to list drop -in child care separately as a permitted
use in the C2 zoning district. We do not recommend that the present provisions for
group day care centers as a special use in the C1 and C2 zones (Sections 35-322.3q and
35-320.3b) be either altered or relocated in the ordinance. We also, of course, do
not recommend that the appeal be granted in the form of finding drop -in child care to
be more similar to some other permitted use listed in Section 35-322.
8-28-85 -2-
Codeco, Inc.
Kid's Time Out of Brooklyn Center
4704 Townes Road
Minneapolis, NIN 55424
(612) 920-2630
August 14, 1986
Planning Commission
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, 1,N 55430
RE: Appeal of Decision on classification of short-term, drop -in babysitting
services.
Dear Sirs:
We would life to appeal a decision of the Planning and Inspection Department.
In their letter dated August 14 (attached), they denied our proposal of
operating a short-term drop -in babysitting service in the Westbrook Nall,
building number one (1) (not attached to Dayton's Home Store). Our
examination of the ordinances, as well as the staff opinion, reveals that
no subsection currently addresses our use. 'therefore, we would like to
take this opportunity to request an amendment to Brooklyn Center's
ordinances. An addition, which more closely alicy our specific use.
While the nearest type of use to ours :nay be "group day care," we are
distinctly different on several issues. The major differences are as
follows:
VKt�z�
1) Hours - we are more ali&-ied (9:00 a.m, to 12:00 a.m. on weekends) to
retail and leisure activities than traditional day care.
2) Length of Stay - our children may stay for a maximum of five (5) hours.
3) Type of Use - our use patterns are irregular. Parents do not need
to sign up by the week or month and they do not need
to make reservations.
4) Food - we prepare no meals, althought bag lunches may be brought in.
5) Contact - we are in continuous contact with parents throughthe
use of individual pagers to alert parents immediately if
the need should arise.
6) Concept - we are designed to give flexibility to parents, to provide
a fun atmosphere for children, and "Time Out" for both.
There is additional information about our service attached.
Therefore, we feel that the provisions of ordinance Section 35-322,
subsection 3q does not pertain to our special situation. And, as a
result, would ask for a new subsection to be created, allowing our type
of service in areas zoned C2. Furthermore, since our service is
orientated towards the retail, medical, and entertainment industries,
we feel a shopping center location is justified.
Kid's Time Out currently operates two (2) other centers in the Twin
Cities area. One facility, located in Burnsville, is a consistent use
of the local zoning ordinances in.that community. And, the facility
located in Edina requested and received an amendment to the local
ordinances to allow our use in a retail area in 1981.
In conclusion, we feel that Kid's Time Out is a compatible use for retail
areas by the response we received from parents and retailers alike. A
section added to your zoning ordinances that addresses short-term
babysitting in a C2 area will help fulfill the needs of modern parents
and their active lifestyles as well as be an asset to Brooklyn Center.
Sincerely,
Gary Code
President, Codeco, Inc,
Kid's Time Out of Brooklyn Center
GC:tc
KidsMme Out
The Babysitting Alternative
I. THE
A. The Babysitting Alternative Kids Love
1. Twofold Service
Kids' Time Out provides a twofold service (1) a place for
parents to leave their children without an appointment for a
short period of time, and (2) a place for children to play
and interact with their peers under supervised conditions.
This unique service does more than play the role of a
"babysitter" for modern parents who enjoy an active life-
style. Kids' Time Out combines creative facilities,
professional equipment, and a qualified staff to promote
fun, learning, and the development of motor skills.
2. Time Out For Kids
The name itself - Kids' Time Out - explains the service we
provide for families. Children, like adults, become bored
at times with the routine of a normal day and need some
"time out". Whether that be found in playing with new
friends, enjoying a different selection of goys, or simply a
change of environment, Kids' Time Out helps supply these
solutions. We provide a wide range of facilities and
equipment geared to the development of children, ages 2-12
years. While education is not our primary objective,
learning and fun often go hand in hand.
Corporate Office —
Kids' Time Out, Inc.
6600 France Av. South
Suite 422
Edina, MN 56435
(612) 927-5411
fed Cam,
3. Time Out For Parents
We are called Kids' "Time Out" but we are equally a "time
out" for Parents. Because appointments are not necessary
and the hours run from early morning to late evening, seven
days a week, Kids' Time Out can provide parents with the
option of participating in a wide range of activities.
"Time out" for parents can mean household errands - doctor
appointments - shopping - sports - lunch and dinner
engagements - entertainment - or just needed time away from
children. By providing a facility designed for safety and
supplying individual pagers or "beepers" to alert parents
immediately if they are needed, parents can enjoy themselves
knowing that their children are receiving excellent care.
4. Learning Through Fun Activities
By the time children reach grade school, some of their most
important experiences are already behind them. For this
reason Kids' Time Out feels it is vital to provide a program
that challenges, stimulates, and encourages young children.
Our curriculum offers a blend of flexibility and learning in
play situations through:
Music and Movement
Dramatics and Sbory-telling
Arts and Crafts
Exercise and Free Play
Discovery and Awareness Games
5. The Philosophy of Play
When children play, they exercise their senses, their
intellect, their emotions, and their imagination. In this
way, play is a child's work. Exploring, discovering, and
experimenting gives children a wealth of knowledge and
information about their little world. Kids' Time Out gives
children the opportunity to choose activities, allowing time
for concentration on individual areas of interest. Our
teachers are available to initiate play and learning
situations and to add a sense of security but the activities
are performed by the children themselves.
2
Objectives of Play
* To encourage independence, self-confidence, and
exploration
* To provide opportunity for the development of
individual interests and freedom of choice
* To stimulate group interaction between children of
various ages in a supervised setting
B. The Facility
1. Unique Design
The facility at Kids' Time Out has been custom designed to
provide a unique blend of learning and playing seldom found
in an indoor setting. Dividing the center into "interest
areas" allows children to make choices, to move freely and
independently, and to learn individually or in a group
setting.
2. Indoor Playground
Growing children need and enjoy "active play" as a way to
release their abundant energy. A maze of slides, platforms,
ramps, climbing nets and crawl tubes challenge their
coordination and physical strengths.
3. Creativity Area
All children desire an outlet to express their creativity.
By supplying a wide variety of media and exposing children
to art concepts and techniques they discover new ways to
communicate their ideas.
4. Independent Learning Area
Individual discovery is a rewarding and necessary aspect of
children's development. Books, records, games, puzzles, and
manipulative treys stimulate learning and exploration.
5. Entertairmtent Area
While children need to exert themselves physically , a time
for pure relaxation is also important. The terraced
amphitheatre, accented with bean-bag chairs, offers a
restful setting to enjoy wholesome entertainment by watching
Walt Disney and other selected movies.
6. Dramatics Area
"Make-believe" and "Role-playing" are important parts of
children's development. Our child -size house, complete with
all the furnishings and accessories of a real home, provide
an intimate atmosphere in which to express the way they
perceive their world.
7. Games Fbr The Mind
Problem solving and mentally challenging situations become
particularly important for children in their school age
years. Electronic and table games offer excellent vehicles
for learning while having fun.
4
CITY
OF
ROOK LY N
C ENTER
August 14, 1986
Gary J. Code
Codeco, Inc.
4704 Townes Road
Minneapolis, MN 55424
Re: Dear Mr. Code:
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
TELEPHONE 561-5"0
EMERGENCY - POLICE - FIRE
911
This letter is in response to the proposal contained in your letter dated August
12, 1986 to operate a "short-term, drop -in baby sitting service" in building #1
at Westbrook Mall (attached to the Dayton's Home Store). Your proposed use would
involve temporary care for children 2-12 years of age between the hours of 9:00
a.m. to 10:00 p.m. You state that you will be licensed by the State of Minnesota
to provide child care for a maximum of five (5) hours.
As we have discussed previously, the Brooklyn Center Zoning Ordinance does not
specifically list drop -in child care centers in any zoning district. The property
in question is zoned C2 (General Commerce). The only use involving chilb care
listed in Section 35-322 (attached) which sets forth permitted and special uses in
the C2 zone is under subsection 3q: Group day care facilities provided they are
not located on the same property as or adjacent to any use which is not permitted
to abut Rl, R2, or R3 zoned property and rp ovided they are not located in a retail
shopping center. (emphasis added). On the grounds that this is the only
reference to child care in Section 35-322, we have concluded that your proposed
use must be classified as a day care center for zoning purposes and, therefore,
may not be approved in the Westbrook Mall shopping center.
If you wish to appeal this administrative determination, you must file a planning
application, a fee of $25.00, and a written statement setting forth your position
at least two weeks prior to a Planning Commission meeting. The procedures for an
appeal are set forth in Section 35-251 of the Zoning Ordinance (attached). The
letter submitted on August 12, 1986 contains a good deal of information and argu-
ment. I would ask, however, that you submit a separate written statement addres-
sing the City's ordinance provisions and framed directly as an appeal. You may
certainly refer to your August 12 letter which will be transmitted to the Planning
Commission with the application.
Gary J. Code
Page 2
August 14, 1986
If you have any questions regarding this matter, please contact this office. Your
cooperation in following this process is appreciated.
Sincerely yours,
Gary Shallcross
Planner
cc: Ronald A. Warren, Director of Planning and Inspection
Staff Interpretations File
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