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HomeMy WebLinkAbout1992 03-26 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MARCH 26, 1992 CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Interim Chairperson Wallace Bernards at 7 : 30 p.m. ROLL CALL Chairperson. Wallace Bernards, Commissioners Kristen Mann, Ella Sander, Mark Holmes, Barbara Kalligher and Jill Sherritt. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioner Johnson was still on vacation and was excused. APPROVAL OF MINUTES - MARCH 12 , 1992 Motion by Commissioner Mann seconded by Commissioner Sherritt to approve the minutes of the March 12 , 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann, Sander, Holmes and Sherritt. Voting against: none. Not voting: Commissioner Kalligher. The motion passed. DISCUSSION ITEM - GROUP HOME ORDINANCE Following the Chairperson' s explanation, the Secretary introduced a discussion item regarding a Draft Group Home Ordinance. He briefly introduced the ordinance and an accompanying memo from the Planner. He also referred to the study by Resolution, Inc. which provided much of the basis for the ordinance. He explained that_ a state licensed residential facility with six or fewer clients is a permitted single-family use of property under State law. He added that State Statute defines a residential facility with 7 to 16 clients as a permitted multiple-family use of property. He stated that Cities can classify such homes as a special use, but only for the purpose of assuring proper maintenance of the facility and that the conditions imposed can be no more restrictive than those imposed on other residential uses of property. He stated that public hearings for a special use permit bring out neighborhood fears regarding property values and safety. He added that questions raised at such hearings are generally about the operation of the program over which the City has no control more than the land use issues which it can control . He stated that the Resolution, Inc. study recommended that group homes of a certain size be allowed as a permitted use. He noted that he would recommend that the draft ordinance be revised to limit the number of clients to 16 in multiple-family zones as a permitted use. He stated that the effect of such a limitation might be that there 3-26-92 1 would be lobbying to raise the number to more than 16 at the State Legislature. He pointed out that the draft ordinance would create public institutional residential (PIR) zones for institutional uses. He stated that although no land in the City would necessarily have to be set aside for such uses to begin with, it would be available should an applicant seek a group living unit with more than 16 clients. . Commissioner Mann asked whether an abutment restriction could be added in the R4 through R7 districts so that group homes could not abut R1 property. The Secretary stated that he was not sure if there were many R4 through R7 properties that don 't abut R1 except on the west side of Humboldt between 65th and 69th Avenue North. He pointed out that the multiple-family zones are transitional zones between R1 and more intense commercial zones. In response to another question from Commissioner Mann, the Secretary stated that R1 abutment relates to property value concerns and that the City had commissioned a study which showed that there was not significant impact on property values as a result of group homes locating in residential neighborhoods. Commissioner Bernards asked whether the City was reinventing the wheel or whether there are other models of this type of ordinance to look at. The Secretary stated that the City was not totally unique in developing an ordinance relating to group care facilities. He stated that the statutes which govern this issue are the same for other cities as well as for Brooklyn Center. He stated that the State law mandates that group homes be allowed in residential areas and defines residential facilities as no different than a typical multiple family use. Commissioner Holmes asked how the draft ordinance would affect the Bill Kelly House. The Secretary answered that the ordinance would allow up to 16 clients as a permitted use. A Mr. Wiley, a resident near Upper Twin Lake, showed the Secretary an ad for the home at 5701 June Avenue North which advertised the possibility of a group home. There followed a brief discussion of group homes in single-family homes. The Secretary explained that no more than six clients could be allowed in a single-family home. Mr. Wiley asked whether a license would be required. The Secretary stated that Hennepin County licenses group homes under State authority. He stated that the City requires a rental license unless the facility is owner occupied. He explained that the State regulates the program, not the City. Commissioner Mann stated that the ordinance is looking at land use concerns; and she asked whether the ordinance could also look at something like a success rate for a particular type of program. The Secretary answered that the licensing authority governs that 3-26-92 2 issue and that the City has no control over staffing, programs, specifics, or success rate, etc. In response to another question from Commissioner Mann regarding halfway houses, the Secretary stated that they would only be allowed in the PIR zones. He explained the definition of a residential facility includes facilities licensed by the Department of Human Services, not the Department of Corrections. Chairperson Bernards asked about the issue of saturation, when is enough, enough. The Secretary answered that there are spacing standards in State law that require group homes to be 1320 ft. apart. Chairperson Bernards asked whether it would be possible to have a cluster of group homes. The Secretary answered that the central cities have this problem. He stated that State law has been instituted to try to deconcentrate group homes. He stated that a provision on separation could be added to the ordinance if desired. He stated that the concern of the City should be that it not have to accommodate more than its fair share of such facilities. Commissioner Sherritt asked how many group homes the City has. The Secretary stated that there is Northwest Residence and Welcome Community Home and a number of smaller facilities. Commissioner Sherritt asked whether the County had not come out with guidelines about the concentration of group homes and stated that perhaps the City should take the initiative in finding locations for group home facilities. The Secretary agreed, but stated that when the City begins to steer such facilities to a certain location, it would get public reaction from people in that neighborhood. Commissioner Sherritt asked what kind of facilities the City would have to have. The Secretary answered that at first they only counted larger facilities and expected each community to have up to 1/2% of their population in such facilities. He stated that they now count smaller facilities, but require that 1% of the population be the ceiling for such populations. 'Chairperson Bernards asked what was the property tax status of group homes. The Secretary stated that they might be exempt although he was not certain. Commissioner Sherritt stated that it depended on if they were nonprofit agencies or not. She stated that the Bill Kelly House had to pay taxes, but were reimbursed for them. The Secretary asked the Commission how the matter should be moved along. He stated that it would be good to have an ordinance on the books before the next group home comes before the City. Commissioner Mann asked where a nursing home would fit under the ordinance.* The Secretary answered that it would have to be located in an institutional or a commercial zone. Chairperson Bernards identified abutment and concentration as two issues that had been 3-26-92 3 voiced during the discussion. It was generally agreed among the Commission that they preferred a limit of 16 on group homes in multiple-.family zones. Commissioner Mann suggested that there perhaps be a public hearing and invite the public and Human Services representatives to such a meeting. The Secretary stated that that could be done, but Chairperson Bernards stated that he did not think it would do any good and Commissioner Sherritt agreed with Chairperson Bernards. Commissioner Mann inquired as to the off-street parking requirements. The Secretary answered that a proof of parking was an option as long as the property had enough land to meet the parking requirements. The Secretary stated that numbers and concentrations seemed to be two items that need revision. He stated that he felt the City should get away from special use permits for such facilities. Commissioner Mann stated that a special use permit might keep some of these facilities out. Chairperson Bernards stated that a case could be made for intimidation if that is the objective of such a provision. The Secretary stated that the City could go either way, but that he would recommend doing away with special use permits since they only seem to add to the animosity between the parties. OTHER BUSINESS Report on Earle Brown Bowl Outdoor Activities The Secretary briefly reviewed a memo regarding the Earle Brown Bowl activities. He stated that a special use .permit had been granted in 1991 to allow outdoor dining and outdoor volleyball during the off season. He stated that no complaints had been received although the outdoor dining did not take place last year. Commissioner Sander asked how a special use permit would be revoked and whether one had ever been revoked. The Secretary responded that special use permits have been revoked if they were in violation of the conditions of approval . The Secretary stated that the City staff would not bring back the special use permit for Earle Brown Bowl in the future unless there were problems with the conditions of approval. 'ACTION RECOMMENDING CONTINUANCE OF SPECIAL USE PERMIT FOR EARLE BROWN BOWL SUBJECT TO THE ORIGINAL CONDITIONS Motion by Commissioner Mann seconded by Commissioner Kalligher to recommend that the special use permit for outdoor activities at the Earle Brown Bowl be continued subject to the original conditions of approval . Voting in favor: Chairperson Bernards, Commissioner Mann, Sander, Holmes, Kalligher and Sherritt. Voting against: none. The motion passed. ADJOURNMENT Motion by Commissioner Mann seconded by Commissioner Holmes to adjourn the meeting of the Planning Commission. The motion passed unanimously: The Planning Commission adjourned at 8 : 51 p.m. Chairperson 3-26-92 4