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HomeMy WebLinkAbout1992 09-17 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 REGULAR SESSION SEPTEMBER 17, 1992 CITY HALL CALL TO ORDER The Planning Commission met in regular session and was called to order by Chairperson Wallace Bernards at 7: 38 p.m. ROLL CALL Chairperson Wallace Bernards, Commissioners Kristen Mann, Mark Holmes and Barbara Kalligher. Also present were Director of Planning and Inspection Ronald Warren and Planner Gary Shallcross. Chairperson Bernards noted that Commissioners Sander and Johnson had called to say they would be unable to attend and were excused. APPROVAL OF MINUTES - AUGUST 27 , 1992 Motion by Commissioner Kalligher seconded by Commissioner Mann to approve the minutes of the August 27, 1992 Planning Commission meeting as submitted. Voting in favor: Chairperson Bernards, Commissioners Mann, Holmes, and Kalligher. Voting against: none. The motion passed. OTHER BUSINESS (DECEMBER MEETING SCHEDULE) The Secretary informed the Commission that there was a need to cancel the December 10 Planning Commission meeting since the City Council would also be meeting that night in the Council Chambers. He stated that the City Council would meet that month on the 14th and the 28th. He recommended that the Planning Commission schedule meetings for December 3 and December 17 with the possibility that one or both of these meetings could be cancelled if there were no business items. Chairperson Bernards stated that he would be unable to make the December 3 meeting because he would be out of town. Following a brief discussion, the Commission agreed to schedule meetings for December 3 and December 17 . APPLICATION NO. 92013 (Evergreen Development Group) Following the Chairperson's explanation, the Secretary introduced the first item of business, a request for Planned Unit Development approval to rezone the R7 district at the intersection of Summit Drive and the east leg of Earle Brown Drive to PUD-Mixed and to receive site and building plan approval to construct 90 units of assisted housing in three buildings on the vacant parcel adjacent to the Earle Brown Commons. The Secretary reviewed the contents of the staff report. (see Planning Commission Information Sheet for Application No. 92013, attached) . The Secretary explained that the Planned Unit Development provisions of the Zoning Ordinance are intended to give the City flexibility in approving unique development arrangements that are not comprehended under standard 9-17-92 1 zoning. He stated that it is similar to contract zoning and that it is limited to a specific use. He stated that there can be PUD- R1 or PUD-C1 or other types of PUD districts. He stated that under these designations the zoning district regulations still guide the development of the property, but there is flexibility to make tradeoffs between various requirements in order to achieve the best possible development. The Secretary referred the Commission's attention to an ordinance amendment regarding Planned Unit Developments. He noted that the present ordinance requires that PUD's only be allowed in redevelopment districts. He noted that the present location is not really a redevelopment district. He stated that the amendment would require consistency with the Comprehensive Plan which is the case with this application and should be the case in others as well. Commissioner Kalligher asked what happened with the other proposed phase of the Earle Brown Commons. The Secretary answered that it was his understanding that there was simply a lack of demand for elderly housing in this area. Chairperson Bernards asked whether the State came up with the PUD designation. The Secretary answered that he was not sure if the State created enabling legislation for Planned Unit Developments, but that they are an allowable instrument under State zoning enabling legislation and that they are not limited to Minnesota, but are common throughout the United States. Chairperson Bernards asked whether the Secretary felt this proposal might abuse the PUD provisions. The Secretary answered that he did not think so. He stated that in the past, special use permits were used to give cities some control and flexibility in regulating different types of development, but that court cases have ruled that cities are often arbitrary in applying special use permit provisions. He stated that if Planned Unit Developments were abused, the courts may rule similarly about those regulations. Chairperson Bernards agreed and noted that tax increment financing was abused and that is why it is now restricted. In response to another question from Chairperson Bernards regarding consistency with the Plan, the Secretary stated that the City may have to amend the Plan in some cases in order to approve a PUD. Chairperson Bernards asked if this parcel was in a tax increment financing district. The Secretary responded in the affirmative. Chairperson Holmes asked what a tax increment district is. The Secretary explained that tax increment districts freeze the property tax dispersal to local governments and school districts and use the increment created by new development to pay off the public improvement bonds that are sold to pay for public improvements in the district. Commissioner Holmes asked if the City was pushing the limit of "spot zoning" . The Secretary answered that he did not believe that the City was spot zoning, since the proposal was consistent with the Comprehensive Plan designation for the area. 9-17-92 2 The Secretary resumed his review of the staff report regarding the site and building plans. He explained the parking situation with the Earle Brown Commons and the need for a covenant to require additional parking upon a finding by the City that such parking is needed if the Earle Brown Commons changes from an elderly complex to something else. The Secretary also noted that there will be 30 rooms in each building, not 15, as the report indicates. The Secretary also reviewed the resolution recommending approval of the application and the draft ordinance amendment on Planned Unit Developments. Chairperson Bernards asked whether the reference to ramp and surface parking in Condition No. 11 should be ramp and/or surface parking. The Secretary answered that and/or would probably be better. Chairperson Bernards inquired as to the need for Watershed District approval. The Secretary answered that the proposed plan reduces the impervious area and that the previous pond was adequate for the previously planned development. He stated that the new pond should be adequate to accommodate site drainage and that Watershed District approval is likely. Commissioner Holmes asked whether staff have met with the owners of the Commons to see whether they are in agreement with this proposal. The Secretary answered that staff have not met personally with the owner of the Commons, but that they will have to execute the agreements referred to in the approval if they want to sell the property to Evergreen Development Group. Chairperson Bernards expressed concern about shutting off the windows in the Earle Brown Commons building. The Secretary answered that glass blocks would be used and that it would only be in the congregate dining area that this would be done. PUBLIC HEARING (Application No. 92013) Chairperson Bernards then opened the meeting for a public hearing and asked whether anyone present wished to speak regarding the application. Hearing no one, he called for a motion to close the public hearing. CLOSE PUBLIC HEARING Motion by Commissioner Mann seconded by Commissioner Holmes to close the public hearing. The motion passed unanimously. Chairperson Bernards then asked the applicant whether he had anything to add. Mr. Janis Blumentals, the architect for the project, introduced Mr. Bob Hopman of Evergreen Development Group. Chairperson Bernards stated that there was a concern when the Heritage Center was renovated about preserving site lines in this area. He asked whether this proposed development would be better for preserving these site lines. Mr. Blumentals answered in the affirmative. Mr. Blumentals stated that with the exterior treatment of the Evergreens complex, the Farm concept would wrap around the Earle Brown Commons building. Chairperson Bernards asked what would happen to the gardens that are used by residents 9-17-92 3 of the Earle Brown Commons. Mr. Hopman stated that he had spoken with Al Beisner about this and that it was his understanding they would probably try to relocate the gardens. The applicants then showed the Planning Commission a video of the Evergreens facility in Fargo, North Dakota. The video reviewed various user friendly design elements of the facility and also the range of services provided to the residents. Following the video, Mr. Blumentals stated that there would be two differences from the facility shown in the film. He stated that two 15 unit buildings would be combined into a 30 unit building and that there would be three of these on the complex. He also stated that there would be a red color to the building to match the Farm rather than the gray in the film. He added that the Evergreens facility would have steel siding as opposed to wood siding. He also pointed out that the new pond would be somewhat smaller than the existing pond because of the smaller parking lot. Chairperson Bernards asked whether residents will not, or cannot have a car. Mr. Hopman answered that, typically residents have stopped driving by the time they come to live in the residential care facility. Commissioner Holmes asked whether the residents would be capable of getting around. Mr. Hopman answered in the affirmative, stating that this is not a nursing home. He stated that the facility would provide help with cooking, dressing, etc. , but that people are helped to be as self reliant as possible. He added that people of the age that live in the facility need a sense of dignity for their health. Commissioner Holmes asked what age group is served by the Earle Brown Commons. Mr. Blumentals stated that congregate dining is also available at the Commons, but that each unit has a kitchen and that they are separate apartments. In response to a question from Commissioner Holmes regarding the connection of the Evergreens to the Heritage Center, Mr. Hopman stated that the facility will continue the white board fence that surrounds the Heritage Center. He added that there would be volunteers that would walk with the residents. Commissioner Mann asked whether there would be some medical personnel on staff. Mr. Hopman stated that there would be a licensed practical nurse on staff in each building. In response to a question from Commissioner Kalligher, Mr. Hopman stated that there are some couples that live in the complex, but that most of the residents are single adults. Commissioner Holmes asked what the average rent was. Mr. Hopman stated that the average in the North Dakota facility is about $1350 per month, but that it may be slightly higher in Minnesota. Mr. Blumentals pointed out that nursing homes cost about $3, 000 per month. He noted that the Evergreens residential care facility would also be providing room and board just as a nursing home 9-17-92 4 would. The Secretary noted that the facility would be different from the Earle Brown Commons and also from Brookwood, both of which provide types of elderly housing. Commissioner Holmes expressed concern about the appearance of the parking ramp for the Commons. Mr. Hopman responded that Mr. Beisner has consented to let the Evergreens plant some ivy on the side of the ramp facing their property. Chairperson Bernards asked the Commission what their pleasure was regarding the ordinance amendment. Commissioner Mann stated that she felt the proposed change in wording was appropriate to deal with development as well as redevelopment in the community. ACTION RECOMMENDING ADOPTION OF AN ORDINANCE AMENDMENT RELATING TO GENERAL STANDARDS FOR PLANNED UNIT DEVELOPMENTS. Motion by Commissioner Mann seconded by Commissioner Kalligher to recommend adoption of an ordinance amendment relating to general standards for Planned Unit Developments. Voting in favor: Chairperson Bernards, Commissioners Mann, Holmes and Kalligher. Voting against: none. The motion passed. Commissioner Holmes asked whether the Earle Brown Commons was aware of the rezoning proposal. The Secretary answered in the affirmative and stated that they do not object to the proposed zoning designation. Mr. Blumentals stated that he has discussed the matter of closing the windows with the owners of the Commons. The Secretary added that the words "and/or" could be substituted in point number 11 of the resolution regarding ramp or surface parking. Mr. Blumentals stated that their desire is to start construction in October so that the first building can open in early spring. ACTION ADOPTING RESOLUTION NO.92-2 REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 92013 RESOLUTION NO. 92-2 Commissioner Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION REGARDING RECOMMENDED DISPOSITION OF APPLICATION NO. 92013 SUBMITTED BY EVERGREEN DEVELOPMENT GROUP The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Mark Holmes and upon vote being taken thereon the following voted in favor thereof: Chairperson Wallace Bernards, Commissioners Kristen Mann, Mark Holmes and Barbara Kalligher. Voting against: none, whereupon said resolution was declared duly passed and adopted. Chairperson Bernards wished the applicants well in their proposed development. 9-17-92 5 There was a brief discussion of outstanding business that had been through the Planning Commission in the past six months and of upcoming business. There was also a brief discussion of on-street parking. Chairperson Bernards expressed congratulations to Commissioners Mann and Kalligher for succeeding in the primary and wished them well in the general election for the City Council. ADJOURNMENT Motion by Commissioner Kalligher seconded by Commissioner Mann to adjourn the meeting of the Planning Commission. The motion passed unanimously. The meeting adjourned at 9:42 p.m. Chairperson 9-17-92 6