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HomeMy WebLinkAbout1992 05-28 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 MAY 28, 1992 STUDY SESSION CITY HALL CALL TO ORDER The Planning Commission met in study session and was called to order by Chairperson Barbara Kalligher at 7 : 33 p.m. ROLL CALL Chairperson Barbara Kalligher, Commissioners Ella Sander, Wallace Bernards and Kristen Mann. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Kalligher noted that Commissioner Johnson was excused in light of recent surgery. APPROVAL OF MINUTES - May 14 , 1992 Motion by Commissioner Bernards seconded by Commissioner Mann to approve the minutes of the May 14, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Kalligher, Commissioners Sander, Bernards and Mann. Voting against: none. DISCUSSION ITEMS a. Group Home Ordinance The Secretary introduced the first discussion item of the meeting, a draft Group Home Ordinance or Residential Facilities Ordinance that he passed out to the Commissioners at the meeting. He stated that it followed the definitions in the State Statute regarding Residential Facilities. Commissioner Holmes arrived at 7 : 36 p.m. The Secretary stated that in a single family zone, residential programs with six or fewer clients, nonresidential programs with twelve or fewer clients, licensed day care with 12 or fewer clients and group family day care with 14 or fewer children would be allowed as permitted uses. He stated that in the multiple zone, which applies to zones R2 through R7, nursing homes would be left in and other residential facilities would be permitted with up to 16 clients. He stated there would be no special use permits for residential facilities. He stated that the ordinance in essence accepts the mandates of State Statute and nothing more. In the Cl zone, the Secretary noted that residential facilities would be eliminated. He stated that in the C2 zone, nursing homes would be added to the category that also allows hospitals. He then reviewed the definitions for day care facility, dwellings both attached and 5-28-92 1 detached, hospital, nursing home, nonresidential program, and residential program. He stated that he recommended against adopting any institutional zones at this time, noting that the City Attorney had advised against this kind of provision. Commissioner Mann asked whether miniprisons would be considered residential programs. The Secretary stated that if they were licensed by the Department of Human Services (which they are not) , then they could be allowed in a residential district. The Secretary reviewed the definition of a residential program in State Statute. He stated that if such a facility is licensed as a residential program, then it would be allowed. Commissioner Bernards stated that he felt that. the ordinance was overly verbose. He asked why it was necessary to recite the State Statute in each of these cases. The Secretary stated that it could be changed or simplified if that was desired. He explained that each of the categories listed had different numbers of clients allowed and were mandated by State Statute. He added that he preferred having some type of listing in the Zoning Ordinance even if it was only a repeat of State Statute. Commissioner Bernards stated that the State may change the number of clients that are mandated. The Secretary stated that it would be fairly simple to modify the ordinance if that happens. Commissioner Bernards noted that the ordinance does not really address the question of density. He asked if the City was powerless regarding that point. The Secretary answered in the affirmative. Commissioner Bernards asked about the possibility of having one right next door to another. The Secretary stated that State Statute limits the location of residential programs, establishing distance requirements between them. Commissioner Mann asked whether the ordinance addressed day care in commercial zones. The Secretary stated that it was not really addressed in this ordinance, though it would be discussed later in the meeting. He stated that the residential facilities ordinance only addresses day care in residential zones. Commissioner Holmes asked whether the number of 16 or fewer in residential facilities included staff. The Secretary answered that staff people would be separate, that the 16 refers to clients only. In response to a question from Commissioner Holmes regarding eliminating boarding care homes, etc. , the Secretary answered that that provision had allowed residential facilities as a special use in the R4 and R5 zones and had been the provision used to acknowledge Northwest Residence and Bill Kelly House as special uses. Commissioner Holmes asked how many clients the Bill Kelly House would be allowed to have if the new ordinance were in effect. The Secretary answered that they could not have more than 16 clients. Commissioner Mann stated that she was somewhat reluctant to do away with the special use permit process. The Secretary explained that the State mandates 16 clients. He added that the draft ordinance would limit residential facilities to 16 clients. He stated that 5-28-92 2 there is really nothing to argue about regarding facilities with 16 or fewer clients since they are mandated anyway. Commissioner Bernards asked if it was the case that the City would not consider facilities with over 16 clients under this ordinance. The Secretary responded in the affirmative. He stated that the State mandates certain numbers and that the City would accept those numbers and that's all. Commissioner Mann stated that residential facilities might turn out to be good neighbors. The Secretary agreed stating that he often has received calls of concern when such facilities are first proposed in a neighborhood, but after they are established, there are generally very few complaints. Commissioner Bernards stated that, having been on the Planning Commission when the Bill Kelly House was considered, he agreed that the special use permit process was a problem for the City. He stated that he endorsed the approach in the draft ordinance. The Secretary noted that the City has suffered from lawsuits relating to a couple of group homes. Commissioner Mann asked whether any other communities have taken this route. The Secretary stated that he didn't know of any offhand, but he thought that other communities have dealt with this issue in their ordinances. He stated that there are some properties in town where such facilities might locate and added that they have generally been good neighbors. Commissioners Bernards and Mann both stated that they liked the draft ordinance after further explanation. ACTION RECOMMENDING ADOPTION OF ORDINANCE AMENDMENT REGARDING RESIDENTIAL FACILITIES Motion by Commissioner Mann seconded by Commissioner Holmes to recommend to the City Council the adoption of an ordinance amendment relating to residential facilities. Voting in favor: Chairperson Kalligher, Commissioners Sander, Bernards, Mann and Holmes. Voting against: none. The motion passed. b. Day Care Facilities in Retail Shopping Centers The Secretary then referred the Commission's attention to a memo that he had drafted relating to day care facilities in retail shopping centers and to other material relating to the development of the commercial day care ordinance. He also noted a letter that had been submitted by Weis Asset Management, Inc. , the owners of Humboldt Square Shopping Center. He reviewed the background of the New Horizon application in 1984 which led to the ordinance amendment regulating day care in commercial zones. He stated that at that time some concern had been expressed regarding the outside play areas and that some detailed regulations regarding these play areas had been included in the ordinance. He noted that later the City allowed drop in centers to be located in shopping centers 5-28-92 3 although day care centers were not allowed in shopping centers. He also noted that drop in centers did not require outside play areas. The Secretary went on to explain a proposal for a day care center in the Humboldt Square Shopping Center. He stated that it might be classified as a drop in center which would be allowed without any problems. He stated that if it is a day care center, the ordinance states that it cannot be in a shopping center, nor can it be adjacent to a gas station. He stated that the proposed day care center for Humboldt Square might be able to meet the play area requirements and that the City may want to look at the restrictions in the ordinance on the location of day care centers. Commissioner Mann asked whether the existing ordinance would allow a day care center for Target employees at Target. The Secretary answered that if it was in a shopping center, it would not be allowed. Commissioner Holmes asked about the possibility of holding classes. The Secretary answered that educational uses are acceptable in shopping centers. He stated that if the proposal can be considered a drop in center or an educational use, then it could be allowed in that location. Commissioner Bernards stated that he might be more open minded about this issue if he visited one of the day care centers located in a shopping center. He stated that as of now he is concerned with this possibility. He asked whether the City might be held liable if some accident occurred in a location like this. The Secretary answered that the City can always get sued when accidents occur in Brooklyn Center. He stated that it is important to look at whether the regulations in the zoning ordinance are really land use and zoning related or whether they should be considered as part of the state regulations for licensing. There followed a discussion regarding Humboldt Square and day care centers generally, what would be good for Humboldt Square and what kinds of zoning concerns there are regarding day care. Commissioner Sander asked whether Humboldt Square could afford to lose- the parking where the play area would be. The Secretary answered that they have some surplus because of the change in the retail parking formula. Commissioner Mann stated that she was not sure it would be appropriate to have a day care center next to a gas station. The Secretary asked whether the City's regulations are properly zoning regulations or whether they get into licensing criteria. He noted that the City regulates location and the play area. He stated that any regulation has some impact. Commissioner Holmes left at 9 : 12 p.m. The Secretary went on to say that regulations have to be reasonable and that the City may want to rethink some of the restrictions applying to these day care centers. Commissioner Holmes returned at 9: 16 p.m. 5-28-92 4 Commissioner Mann suggested that it might be appropriate to have a field trip and stated that she still had concerns regarding day care in shopping centers. Commissioner Holmes stated that it was probably necessary to make some changes to the ordinance, but he was not sure what changes to make yet. Commissioner Sander stated that she liked the existing restrictions on the play area. C. Real Estate Sign Ordinance The Secretary then introduced a brief discussion of the real estate sign ordinance that was adopted by the City Council last year. He stated that the ordinance presently in effect sunsets this summer unless it is readopted. He stated that the City can leave that ordinance as is, go back to the old ordinance, or develop a new ordinance. Commissioner Mann expressed some concern about such signs being temporary rather than continuing indefinitely. The Planner stated that a simple ordinance would be easier to enforce. He stated that an ordinance that required signs to be taken down every six months to a year would perhaps need a code enforcement officer to enforce. He stated that it would probably be necessary to have a permit for such signs if the ordinance is more complex. The Secretary stated that the City could certainly have whatever regulations it wants regarding such signs. He stated that a permit would help the staff enforce more complex ordinances. He stated that real estate signs are temporary because at some point they must come down. He also stated that Brooklyn Center has traditionally enforced its sign ordinance more than many communities. The Secretary added that the City Council had also had a concern about such signs being temporary and had debated whether it was more appropriate to have such signs be freestanding or wall signs. d. Moratorium on Home Occupations on Brooklyn Boulevard The Secretary reviewed with the Planning Commission the action on the home occupation at 6136 Brooklyn Boulevard submitted by Nhia Thao. He stated that the City Council had suggested it might be appropriate to have a moratorium on such home occupations until the Brooklyn Boulevard Study was completed. He stated that the staff can draft an ordinance regarding such a moratorium and bring it back for the next meeting. The Planning Commission by consensus agreed that such an ordinance would be appropriate. Commissioner Bernards stated that he would not be at the June 11 meeting. The Secretary briefly referred the Commission to a letter from the Chamber of Commerce. Commissioner Mann noted that a group home was being looked at for a site south of the Joslyn property. The Secretary pointed out that the group home might be located on vacant land owned by Bruce Plumbing. He stated it was his understanding that they are looking 5-28-92 5 to get a grant for a residential facility for people with head injuries. He noted that there are other problems with the site, that it is located in a flood plain. Commissioner Mann asked how the City Council resolved the subject of advisory commission chairpersons. The Secretary stated that the staff was directed to bring back a resolution for the next City Council meeting which would require the election of chairpersons by each advisory group. He stated that if that resolution is passed, the Planning Commission would elect a chairperson and a chairperson pro tem at its next meeting. He stated that there was also some concern regarding appointment by. neighborhood. He stated that the resolution will recommend trying to appoint members from each neighborhood. There followed a discussion regarding advisory commissions, vacancies and chairperson selection. Commissioner Bernards was asked whether he would reconsider serving as chairperson. Commissioner Bernards stated that he felt responsible for some of the difficulty that has arisen and that he would be willing to serve as Chairperson for the rest of the year. ADJOURNMENT Motion by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The Planning Commission adjourned at 10: 04 p.m. Chairperson 5-28-92 6