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HomeMy WebLinkAboutPC84039 - 12/6/84 - 6000 Earl Brown DrFile Purge Date: ►��z7 /9 S' FILE INFORMATION Project Number: 84�39 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 1z./6/8A tabled, 12/2ol 84 Minutes: City Council ►/ ►41as, 2/11 /615 Document Type Number Resolutions: Planning Commission Resolutions: City Council City Vault City Vault Location ., City Vault City Vault Ordinances: City Council 85-Z City Vault COMMERCIAL/INDUSTRIAL PROPERTY FILES CHECKLIST CITY OF RROOY'LYN CENTER 1'1,A111111i(; CUi 1:11','A ON APPL I (Al 1014 Application No. 84039 Street Location of Property Please Print Clearly or Type 6000 Earle Brown Dr., Brooklyn Center, 1111 55429 Legal Description of Property • Tract A, R.L.S 1458 Owner nark Acollet Medical Center Address 6000 Earle Brun Dr., Brooklyn Center, P11 55429 Phone No. 871-3072 Applicant Devi Horizon Enterprises, Inc., c/o William M. Dunkley Address 701 - 4th Ave. So., Ste. 1400, iiinneapolis, P'TI 55415 Phone No. 339-1290 Type of Request: Rezoning Variance Special Use Permit Subdivision Approval Site & Bldg. Plan Approval XX Other: Description of Request: Determination by the City that a New Horizon School at is a "permitted use" in a C2 zone 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. Withd Aural of the application shall not relieve the applicant of the obligation to cos#.s'i urred prior to withdrawal . 11EVd T' RIZON = : RIS . I* Fee $ 25.00 /Byron J. Dunkley Applicant's 61gn.ature Its Presud t �_� Receipt No. 65554 Date: vZZ PLANNING COMMISSION RECOMMENDATION Dates of P.C. Consideration: �Gv% �Z--id—�f Approved Denied this day of 19 subject to the following conditions: CITY COUNCIL A,fCTION Dates of Council Consideration: Jam"®�ir�� Approved amendment: rman Denied this day of 19 with the following Clerk P/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 c,pplicants should arrange an informational meeting with the Planning Staff to discuss preliminary plans and to become familiarized with applicable ordinance 'Ind policy provisions. Three (3) copies of the following documents and information shall be submitted, :.t least 14 days prior to the date of the regular Commission meeting, concurrent �.-ith filing the application (required documents must be consistent with ordi- nance 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 including access provisions; b) designations and locations of accessory buildings; c) fences, walls or other screening, including heights and type of material; d) outside lighting provisions, type and location; e) curbing. 3.* A landscape plan showing areas to be sodded or seeded; location, size and species of trees and shrubbery. Building floor plans, elevations, sections and specifications, including materials proposed. 5.* Existing and proposed land elevations, drainage provisions, and utility provisions. 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 and Land Surveyors, and said Drawings/plans shall be so certified. . TOTE: Upon approval of plans by the Council and prior to issuance of permits, Performance Agreement as to approved site improvements and a supporting finan- cial guarantee, in an amount to be determined by the City, are required. Accept- ..ble financial instruments include cash escrow; certificate of deposit; and erformance bond. ':opies of the Zoning Ordinance may be obtained from the Administrative Office. _)uestions should be directed to the Planning and Inspection Department. P/I Form No. 19 Planning Commission Information Sheet Application No. 84039 Applicant: New Horizon Day Care Centers Location: 6000 Earle Brown Drive Request: Determination The applicant requests that the City Council determine that day care centers in the C2 zoning district are a permitted use by virtue of being similar in nature to other uses specifically listed as permitted uses in the C2 zoning district (See Section 35-322 attached). Section 35-322 Subsection 1j.of the Zoning Ordinance acknowledges as permitted uses: "Other uses similar in nature to the aforementioned uses, as determined by the City Council." Since day care centers are not expressly listed as a permitted use in the C2 zoning district, the applicant requests that a determination be made that it is "similar in nature" to expressly permitted uses. New Horizon wishes to open up a day care facility in a portion of the Park-Nicollet Med-Center building (formerly Toy City) at 6000 Earle Brown Drive. The property in question is zoned C2 and is bounded on the west by Summit Drive, on the north by Earle Brown Drive, on the east by vacant C2 zoned land, and on the south-southeast by Highway 100. The applicant's representative, Mr. William Dunkley, has submitted a letter (attached) in which he argues basically that the day care center is in fact a school and is, therefore, an educational use which is expressly permitted in the C2 zoning district under Section 35-322 Subsection 1h. In fact, Mr. Dunkley refers to the operation as a school throughout hisletter. He points out on page 2 that Department of Public Welfare Rule 3, page 6(q) states: "The name 'school' may be used only by programs having a minimum of one teacher certified by the Minnesota State Department of Education. One certified nursery school teacher must be present during the major part of the program for every 20 children." Mr. Dunkley explains that the facility at 6000 Earle Brown Drive would consist of approximately 5,600 sq. ft. of building space and an enclosed outdoor play area. It would serve 115 children age 6 months to 12 years. Hours would be 6:30 a.m. to 6:30 p.m.,Monday through Friday, except legal holidays. But, the letter nowhere states that there will be six nursery school teachers present during the "major part" (6 or more hours?) of the program.Mr. Dunkleyhas submitted some correspondence with the Cities of Roseville and Mound (attached), but has not submitted a letter from the State regarding the status of New Horizon Enterprises (the company? a location?) as a school. Staff are, therefore, at a loss to know whether the proposed facility is considered a school by the State or not. We would also point out that the example provided in Mound is for an operation to be located in a former prepschool in a residential district. This is certainly a different situation than the present case in a commercial zoning district. The letter to the Roseville City Manager is fora commercial location; however, Roseville had to amend its Zoning Ordinance to accommodate the "child care facility" in the B2 (General Commerce) district. Mr. Dunkley concludes his letter by discussing three important aspects of the operation: traffic, the playground area, and safety. Regarding traffic, he notes that the clinic is open from 8:30 a.m. to 5:00 p.m. Most day care traffic would occur before or after these hours. Regarding the outdoor play- ground area (a converted area of the parking lot west of the building), Mr. Dunkley states that the existing opaque fence on top of the berm adjacent to Earle Brown Urive would remain and that the playground would be fenced off from the parking lot with chain link fence with or without metal slats. (Staff feel that a playground area for young children should have as residential an atmosphere as possible and would prefer an opaque wood fence around the play area rather than a chain link fence.) 12-6-84 Application No. 84039 continued Finally, Mr. Dunkley notes that there will be separate entrances and exits for both "sick care" and "well care" and an exit to the outside playground. The fenced playground would have a gate at one end, "away from the structure and away from all parking facilities." Staff are unable to determine where this is. A gate on the north side of the playground would lead to an area between a fence and the building. A gate on the south side of the playground would lead to the parking lot and immediately to an access drive where cars enter and leave the site. Staff are not opposed to the existence of day care facilities in commercial zones, but are frankly skeptical that such uses should be comprehended under the rubric of "educational uses." In this case we feel that the proposed facility is a day care or child care facility, not a school, and should be listed as such. The C1 zoning district allows as a permitted use under Section 35-320 Subsection la: "Nursing care homes, maternity care homes, child care homes, boarding care homes, provided, however, that such institutions shall— ... be licensed by the appropriate state or municipal authority." (emphasis added) It seems to us that this category may be more appropriate to comprehend day care facilities. However, this category of uses was specifically excluded from the list of C1 uses allowed in the C2 zoning district. The term "day care" is only used in the City's Zoning Ordinance in association with home occupations. New Horizon has two day care centers in Brooklyn Center located in churches in the R1 zone by special use permit. From this history, we feel that day care centers are primarily a residential use which should only be allowed in commercial zoning districts if certain conditions are met; ie. it should be considered a special use in commercial districts if permitted at all. This would require an amendment to the Zoning Ordinance. A further concern, if day care centers were allowed by special use permit, is over appropriate recreational space. It is our opinion that children, especial- ly those over age 3, have a definite,need to be outside and play periodically. They should not be warehoused in an office building, but should have ready access to recreation space that is, in all appearances, residential. The con- version of a parking area to a playground, if done sensitively, might accomplish this. The difficulty is in writing such residential requirements into a commerc- ial classification. This difficulty may be the reason for the absence of child care centers from the list of permitted or special uses in the C2 zoning district in the first place. If ,the Planning Commission feels that day care centers can be comprehended in the C2 zoning district, staff recommend that an ordinance amendment be devel- oped and brought back for eventual adoption. We recommend, in the interim, that the request for a determination that day care centers are similar in nature to permitted C2 uses be denied or tabled pending the drafting of an ordinance amendment. However, if the Commission feels these facilities are truly "similar in nature" to educational uses, such a determination can be recommended. 12-6-84 -2- DUNKLEY AND BENNETT, P.A. LAW OFFICES SUITE 1400 701 FOURTH AVENUE SOUTH MINNEAPOLIS, MINNESOTA SS41S JAY L. BENNETT WILLIAM M. DUNKLEY JOHN HARPER III November 21, 1984 MICHAEL D. MADIGAN RICHARD M. DAHL Mr. Ron Warren City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Re: Proposed New Horizon School at 6300 Earle Brown Drive Brooklyn Center, Minnesota Dear Mr. Warren: TELEPHONE (612) 339-1290 I represent a joint venture consisting of New Horizon Enterprises, Inc., Park Nicollet Medical Center and MedCenters Health Plan for the purpose of creating a New Horizon school at the above -referenced location adjacent to the existing Park Nicollet Medical Center. I am as well the Board Chairman of New Horizon Enterprises, Inc. and one of its co-founders. I am herein submitting an application to your office for consideration by the Planning Commission and City Council of Brooklyn Center for approval of our proposed school facility as a Permitted Use pursuant to Zoning Ordinance Section 35-322, C2 Commerce District subparagraph 1(h) captioned Educational Uses. New Horizon schools are strictly regulated, governed and licensed by the State of Minnesota, Department of Public Welfare. New Horizon has been in business since 1972 and currently serves 11 cities in the metropolitan area with 13 locations and child enrollment exceeding 750. We have served the City of Brooklyn Center with a nursery school at Lutheran Church of the Master since 1972 and a child care center at Berean Evangelical Free Church for approximately five years. Park Nicollet Medical Center currently operates a substantial facility at 6300 Earle Brown Drive. In your determination of whether a New Horizon school facility would be a Permitted Use at the above -referenced location under your present zoning ordinance,please consider Mr. Ron Warren November 21, 1984 Page Two the fact that New Horizon is licensed as a school in the State of Minnesota pursuant tothe Department of Public Welfare Rule 3, Standards For Group Daycare Of Preschool and School Age Children. I specifically refer you to DPW Rule 3, Page 6(q) "The name 'school' may be used only by programs having a minimum of one teacher certified by the Minnesota State Depart- ment of Education. One certified nursery school teacher must be present during the major part of the program for every 20 children." This particular issue has been addressed regarding New Horizon in three other cities that I am aware of: Plymouth, Minneapolis and Mound, Minnesota. Enclosed for your review please find a copy of correspondence to the City Manager of Mound, Minnesota, in December of 1980 from New Horizon Enter- prises, Inc. and from the State of Minnesota, particularly Sally Goldberg regarding our status as a school and the opinion of the City Attorney of Mound, Minnesota, acknowledging same. I would also like to reference for the City's consideration Zoning Ordinance subparagraph j -"other uses similar in nature to the aforementioned uses as determined by the City Council," and the fact that the City could reasonably deem that the pro- posed New Horizon school could fall under this subsection as it relates to in part subsections h - Educational uses and f - involving certain medical and health uses. Our proposed facility would consist of approximately 5,600 square feet pursuant to the enclosed site plan and building plan. We would intend to serve approximately 115 children and we would intend that this new facility would not only provide child care benefits for children from 6 weeks of age through 12 years of age, but also provide a sick care program for the needs of parents who need to return to work when their children are recovering from an illness or accident which does not allow them to return to their regular child care provider. The guidelines for such care have been established with the help of Park Nicollet Medical Center and MedCenters Health Plan, New Horizon and the State of Minnesota. The New Horizon school would be open Monday through Friday, except legal holidays, from 6:30 a.m. to 6:30 p.m. Realizing you may have concerns about traffic congestion, peak travel times, parking, playground area, safety and exit requirements, we wish to address each of these issues individually. DUNKLEY AND BENNETT, P.A. Mr. Ron Warren November 12, 1984 Page Three 1. Traffic Congestion and Parking. There is parking for more than 150 cars at the location and there is no business other than the Park Nicollet Medical Center. Park Nicollet Medical Center's regular hours of operation during the week, Monday through Friday, are 8:30 a.m. to 5:00 p.m. by appoint- ment and the "urgent emergency care" hours are from 5:00 p.m. to 10:00 p.m. Children in our proposed child care facility would be arriving anywhere from 6:30 a.m. throughout the morning. The majority of parents would drop their children off by the time the clinic opens. Children are usually picked up anywhere from 4:00 p.m. to 6:00 p.m. We foresee no conges- tion problem as the clinic regular hours by appointment end at 5:00 p.m. In our opinion, ample parking is available. In my experience in each of the 11 cities, I have not yet experienced concern by the various cities for special parking requirements. 2. Playground Area. In an effort to maintain the aesthetic appearance of the present site, we feel the existing landscaping would work extremely well, requiring very minimal change for a playground. A diagram attached will give you a visual outline of our proposal. The existing fencing would be kept as is and we propose to add only two sections of chain link fence (with or without metal slats). There would not be a visual change in appearance from the street itself. The existing wood fence is high on a bank and the contour of the land slopes dramatically to a quite level area. The slope is grassy and attractive, yet hidden from view of the street as would be our playground which would be on the level portion. The equipment within the play- ground would be of high quality and certainly not a detriment to the area although very little of it would be seen with slatted chain link fencing. The proposed playground area would still permit warehouse deliveries around the side of the building and .such deliveries would be very limited since no retail sales are involved. 3. Safety and Proposed Exits. As shown on the enclosures submitted herein, there are entrances and exits for both "sick care" and "well care" and in addition, an exit to the outside through the playground area. The playground would be fenced on three sides adjacent to the building as shown on the diagram. At one end of the fence, we propose additional egress through a gate, away from the structure itself and away from all parking facilities. DUNKLEY AND SENNETT, P.A. Mr. Ron Warren November 21, 1984 Page Four On behalf of New Horizon schools and our joint venture with Park Nicollet Medical Center and MedCenters Health Plan, we appreciate your attention to our request. We would, of course, attempt to accommodate all concerns raised by the City. Very truly yo r , William M. Dunkley WMD:ljc Enc. CC: John Pfiel Jim Stolhanske DUNKLEY AND BENNETT, P.A. r STATE OF MINNESOTA DEPARTMENT OF PUBLIC WELFARE OFFICE OF THE CENTENNIAL OFFICE BUILDING GENRRAL COMMISSIONER INFORMATION 612/29&2701 ST. PAUL,. MINNESOTA 53155 612/29"117 December 3, 1980 Mr. Leonard Kopp City Manager Mound, Minnesota Dear Mr. Kopp,, "Standards, Minnesota Department of Public Welfare, Rule 3", which have the full force and effect of law as provided in Minnesota Statutes 257.101-257.123, in Section II, Q, state that the name "School" may be used only by programs having a minimum of one teacher certified by the Minnesota State Department of Education. One certified teacher must be present during the major part of the program day for every 20 children. New Horizon Day Care meets this requirement as well as the other requirements in Rule 3. It is licensed and certified by our department, and provides educational programming within the framework of a consistent and well. -defined curriculum. I have been the licensing consv?tant for New Horizon's nine programs since its inception in 1971. The programs have consistently complied with all requirements. If you have any further questions, please feel free to call me at 296-2873. Si erely. Sally Goldberg Licensing Consultant • AN EQUAL OPPORTUNITY EMPLOYER "Ow 4 D►W •Gao N,771 Planning Commission Information Sheet Application No. 84039 Applicant: New Horizon Enterprises, Inc. Location: 6000 Earle Brown Drive Request: Determination This application was reviewed by the Planning Fmmmission at its December 6, 1984 meeting. At that time, the Commission tabled the application and directed staff to prepare a draft ordinance amendment making day care centers a special use in the C2 zoning district. This is an alternative means of addressing day care centers than the applicant's request that day care centers be determined to be similar in nature to "educational uses" which is listed as a permitted use in the C2 zoning district. Staff have prepared a draft ordinance that would make day care centers a special use in the Cl and C2 zoning districts. Day care centers would not be permitted to abut certain intense commercial uses such as gas stations or convenience food restaurants which, in turn, are not permitted to abut R1, R2 or R3 zoned property. Special conditions would apply to day care centers in commercial districts similar to the conditions which apply to office uses in the R5 and I-1 zoning districts. Finally, the draft amendment would stipulate certain site requirements on the outside recreational areas at day care centers in the Cl and C2 districts. The requirements are intended to make the play area a substantial component of the site, separated from commercial traffic as much as possible. Staff will be prepared to discuss the draft ordinance in further detail at Thursday's meeting. Minutes of the previous discussion are enclosed. It is recommended that the Planning Commission recommend rejecting the determination sought by the aplicant in favor of an ordinance amendment making day care centers a separate, acknowledged special use in the Cl and C2 zoning districts. 12-20-84