Adult Day Care: 4718 Hammersley Road PC

Plan Commission Meeting Information

Adult Day Care

The Adult Day Care project at 4718 Hammersley Road will be presenting at Plan Commission. Legistar 90345, contains the application, letter of intend and project plans.

The staff report was added to the file for your review.

Summary of the Project:

1. Request of conditional use approval to convert the existing vacant building, a former mosque, into an adult day care center.
2. Always Best Care, plans to offering daily activities and programming for seniors.
3. Occupancy of 38 people – 30 seniors and eight staff
4. Interior renovations:
   1. update bathrooms to meet ADA standards
   2. offices for staff
   3. kitchen for food preparation
   4. communal space.
5. Exterior renovations:
   1. the existing door will be removed and a new one added a few feet to the right of the existing one
   2. a few windows need to be replaced
6. Site changes:
   1. required to remove the automobile access from the Starlight Drive cul-de-sac
   2. a trash enclosure and grass will be added
   3. parking area will be updated and stalls will be reduce from 20 to 16
   4. add a striped drop-off area near the building’s southeast corner

Why is this project presenting to the Plan Commission?

• Day Care Center is a conditional use in the Suburban Residential-Consistent 1 (SR-C1) District.
• The Supplemental Regulations section, MGO Section 28.151, has additional requirements for Day Care Centers. 

Staff Recommendation is to approve:

"Staff believes that the Plan Commission can find standards 1-6 to be met. This is due to the modest size of the use, the target population of the center being seniors, the limited changes to the existing building, the removal of the ongoing concern of traffic cutting through the site, and the other conditions recommended by reviewing agencies. Furthermore, Staff does not believe that the proposed use would impede the normal and orderly development of the surrounding properties. At the time of report writing, staff is also not aware of any evidence that the use will be detrimental to or endanger the public health, safety, or general welfare or would impair or diminish the uses, values and enjoyment of the surrounding properties."

Approval Standards

For this request, Standards 7-16 do not apply, while standards 1-6 are applicable. Staff believes that the Plan Commission can find standards 1-6 to be met. It is important to understand that the State law 62.23(7)(de)1.b. requires that conditional use findings must be based on “substantial evidence” that directly pertains to each standard and not based on personal preference or speculation.

Standards 1-6, §28.183(6) M.G.O. 

1. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare.
2. The City is able to provide municipal services to the property where the conditional use is proposed, given due consideration of the cost of providing those services.
3. The uses, values and enjoyment of other property in the neighborhood for purposes already established will not be substantially impaired or diminished in any foreseeable manner.
4. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
5. Adequate utilities, access roads, drainage, internal circulation improvements for pedestrians, bicyclists, public transit and vehicles, parking supply (in cases with minimum parking requirements) and other necessary site improvements have been or are being provided. (Am. by ORD-23-00013, 1-25-23)
6. The conditional use conforms to all applicable regulations of the district in which it is located.

Supplemental Regulations

Per MGO Section 28.151, Day Care Centers are subject to the following Supplemental Regulations:

• (a) The loss of any state license or permit by a day care center shall result in automatic revocation of that facility's use permit.
• (b) A designated area for the short-term parking of vehicles engaged in loading and unloading children shall be provided. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk.
• (c) Where the use is conditional, an appropriate transition area between the use and adjacent property may be required, using landscaping, screening, and other site improvements consistent with the character of the neighborhood.