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HomeMy WebLinkAbout1992 03-26 PCP PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MARCH 26, 1992 STUDY SESSION 1. Call to Order: 7 : 30 p.m. 2 . Roll Call 3 . Approval of Minutes - March 12 , 1992 4 . Chairperson' s Explanation The Planning Commission is an advisory body. One of the Commission' s functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 5. Discussion Item a) Group Home Ordinance 6. Other Business a) Report on Earle Brown Bowl Outdoor Activities . 7. Adjournment �E i . MEMORANDUM TO: Ronald Warren, Director of Planning and Inspections FROM: Gary Shallcross, Planner RE: Draft Group Home Ordinance Date: February 18, 1992 Attached is a copy of the first draft of a group home ordinance. The draft ordinance would do a number of things. It is generally designed to place larger and more confining facilities in more restrictive zones, while allowing smaller, less restrictive facilities by right in residential zones. Among the features of the draft ordinance are the following: 1. It establishes group living units of up to six clients as a permitted use in the R1 zone and up to eight clients in the R2 zone. The R1 provision is consistent with state law. The R2 provision is consistent with a facility existing in the City ' s R2 zone which was allowed by special use permit. 2 . It establishes licensed group living units with 20 or fewer clients as a permitted use in the R4 ,R5 ,R6, and R7 districts. Under state law, residential facilities serving 16 or fewer clients are to be a permitted multiple family residential use of property. The number of 20 clients was suggested by the report by Resolution Inc. as being in keeping with national standards. 3 . It establishes group day care of 13 to 20 clients as a permitted use in the multiple family residential zones. This is suggested as a way to be' consistent with the group home provisions. It is not intended that such numbers could be cared for in a multi-family zone as a home -occupation. It is intended as a provision for a limited day care facility within a multi-family building or in a separate facility. 4 . It establishes two Public Institutional Residential (PIR) zones. These zones would allow licensed group living units as a permitted use, subject to certain conditions. Adult halfway houses serving eight or fewer persons would be a permitted use in the PIR-1 zone. Jails serving eight or fewer inmates would be a special use in that zone. In the PIR-2 zone, PIR-1 uses would be permitted and correctional facilities serving more than eight inmates would be a special use. 4 Memo Page 2 February 18, 1992 5. It establishes a minimum lot area of one acre for the PIR-1 zone and five acres for the PIR-2 zone. Setbacks are also established. It should be noted that the beds per acre for the group living units is different than for nursing homes. In multi-family zones, the maximum density is 40 beds per acre. This seems consistent with a conversion of a multi-family building to a group living unit facility. For institutional facilities with over 20 clients, the maximum density is 20 beds per acre. This is consistent with the one acre requirement and also provides more space for persons who may require more of their needs to be met on-site. 6. It establishes special requirements, including buffering requirements in the PIR-1 and PIR-2 zones. The PIR-1 buffers are similar to the C-2 buffer requirements. The PIR-2 buffers are similar to the I-1 and I-2 buffers. Other special requirements generally follow those for the multi-family zones. 7 . The draft ordinance introduces a number of new definitions, including the state ' s definition for residential facility and community residential ,facility. . Probably the most basic new term in the ordinance is "group living unit" which includes a number of group occupancies such as residential facilities. The term "group home" is not actually used In the ordinance as a separate use, but is one of the group occupancies which make up other larger categories. There is also a modification to the definition of "family" to allow six unrelated individuals as a family, consistent with the number of clients allowed in a single-family residential facility. The definition of "dwelling" is also modified to reduce the references to "family" and make the term more neutral. The draft ordinance is fairly comprehensive with respect to the range of group occupancies which are comprehended in various zones. The ordinance offers language borrowed from the Resolution Inc. study and from the existing ordinance with respect to conditions and special requirements. It may be that some uses will be dropped and some requirements and conditions added or modified. I will be prepared to assist in the drafting process as this ordinance is discussed and debated. I would suggest that we solicit comment at some point from Donn Wiski of Resolution Inc. and the City Attorney as to the legality of various provisions proposed here or in the future. t DRAFT CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the day of , 1992 at p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider an amendment to the Zoning Ordinance relating to residential facilities and institutional uses. Auxiliary aids for handicapped persons are available upon reqwest at least 96 hours in advance. Please contact the Personnel Coordinator at 569-3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES RELATING TO RESIDENTIAL FACILITIES AND INSTITUTIONAL USES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances is hereby amended in the following manner: Section 35-310 . R1 ONE FAMILY RESIDENCE DISTRICT 1 . Permitted Uses C. Licensed residential and supervised living facilities serving six or fewer clients. Section 35-311. R2 TWO FAMILY RESIDENCE DISTRICT 1 . Permitted Uses C. Licensed residential and supervised living facilities serving eight or fewer clients. Section 35-313 . R4 MULTIPLE FAMILY RESIDENCE DISTRICT 1 . Permitted Uses e. Licensed group living units including community residential I' facilities, residential facilities and supervised living facilities serving not more than 20 clients at a density of not more than 40 beds per acre. 3 . Special Uses b. Licensed day care facilities serving between 13 and 20 clients. Section 35-314 . R5 MULTIPLE FAMILY RESIDENCE DISTRICT y i ' • 1 . Permited Uses f. Licensed group living units including community residential facilities residential facilities, and supervised living facilities serving not more than 20 clients at a density of not more than 40 beds per acre. 3 . Special Uses d. Licensed day care facilities serving between 13 and 20 clients. Section 35-315 . R6 MULTIPLE FAMILY RESIDENCE DISTRICT 1. Permitted Uses e. Licensed group living units including community residential facilities, residential facilities, and supervised living facilities serving not more than 20 clients at a density of not more than 40 beds per acre. 3 . Special Uses a. Licensed day care facilities serving between 13 and 20 clients. Section 35-316 . R7 MULTIPLE FAMILY RESIDENCE DISTRICT 1. Permitted Uses e. Licensed group living units including community residential facilities, residential facilities, and supervised living facilities serving not more than 20 clients at a density of not more than 40 beds per acre. 3 . a. Licensed day care facilities serving between 13 and 20 clients. Section 35-317 . PIR-1 PUBLIC INSTITUTIONAL RESIDENTIAL DISTRICT 1 . Permitted Uses. a. Group living units including residential facilities and supervised living facilities serving more than 20 clients at a density of not more than 20 beds per acre. b. Adult halfway houses serving not more than eight clients and licensed by the State Department of Corrections. C. Community health care facilities,boarding care homes intermediate care facilities, nursing homes, and hospitals licensed by the State Department of Health at a density of not more than 50 beds per acre. 2 . Special Requirements a. See Section 35-415 of these ordinances. b. For non state law exempted community residential facilities and group living units, the following additional standards shall be applicable: 1) The group residential facility shall comply with all applicable codes, ordinances, and regulations and have current and in effect, the appropriate state licenses before occupancy. 21 Appropriate group residential facility supervision shall be provided. On-site services shall be for residents of the facility and not for non-residents. 4) The building or buildings shall be consistent with the scale and character of the buildings in the neighborhood. Exterior building materials shall also be harmonious with other district buildings. 5) Appropriate site edge transitional treatment shall be incorporated in the site development plan consistent with the neighborhood or district. 6) Community correctional facilities adiacent to residential districts shall establish a neighborhood advisory committee with representation from the immediately surrounding area. 7) Off-street parking shall be provided as set forth in Section 35-704 of this ordinance, but a proof of parking may be accepted if evidence is provided regarding automobile ownership, policies, or availability of public transportation. 3 . Special Uses a. Jails and detention correctional facilities serving not more than eight inmates. Section 35-318 PIR-2 PUBLIC INSTITUTIONAL RESIDENTIAL DISTRICT 1. Permitted Uses. a. All permitted and special uses allowed in the RI-1 district at the same density of beds per acre. 2 . Special Requirements a. See Section 35-415 of these ordinances. b. See Section 35-317 . 2b of these ordinances 3 . Special Uses a. Prisons, jails, and detention correctional facilities serving more than eight inmates at a density of not more than 20 beds per acre. Section 35-400. TABLE OF MINIMUM DISTRICT REQUIREMENTS. Every use of land within the City of Brooklyn Center shall conform to the following minimum requirements which are applicable to the Land Use District in which such use is contemplated. (Note: Refer to applicable footnotes) Yard Setbacks District Land Area Width Front Rear Side Corner PIR-1 (See Sec. 35-415) 1 acre 100 50 40 15 25 PIR-2 (See Sec. 35-415) 5 acres 200 100 100 50 50 Section 35-415 SPECIAL REQUIREMENTS IN RI-1 AND RI-2 DISTRICTS 1. All storage shall be contained wholly within an enclosed building. 2 . The incineration of waste matter shall be conducted in approved equipment located within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning �'I official and the sanitarian. 3 Where a proposed RI-1 or RI-2 development abuts an R1, R2 , or R3 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 35 feet wide in the case of RI-1 uses and not less than 100 feet wide in the case of RI-2 uses. The protective strip shall contain an opaque fence or wall or Council approved substitute not less than eight feet in height. The protective buffer strip shall be landscaped and not be used for parking, garages, driveways, off-street loading or storage. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the residential-institutional area. 4 . No building permit shall be issued until a site and parking layout has been approved as provided in Section 35-230. No parking shall be permitted within 15 feet of the street right-of-way, and the 15 foot area shall be maintained as a greenstrip. 5. On developments of sufficient magnitude so as to require on-site water main or sewer main construction, plans for such facilities shall be designed by and 1 � � 1 . installed under the supervision of a civil engineer registered in the State of Minnesota and shall be submitted to and approved by the City Engineer. In cases where on-site water or sewer main construction is required, the land owner or developer shall enter into a water and sewer main and fire hydrant maintenance and . inspection agreement with the City, which agreement shall grant the City the right to enter the development to accomplish maintenance, inspections or repairs that are in the public interest. 6. The site landscaping for proposed RI-1 or RI-2 developments shall include three inch diameter shade trees (as measured four feet above the ground line) at the rate of one tree per 10 beds. Tree species shall be long-lived hardwood. 7 . Security systems and devices. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying institutional buildings, an approved security system shall be provided to control access at each institutional building hereafter constructed. The security system shall consist of locked building entrances or foyer doors. Dead-latch type locks shall be provided with lever knobs on the inside of building entrance doors and with key cylinders on the outside of building entrance doors. Building entrance door latches shall be of a type that are permanently locked from the outside and permanently unlocked from the inside. 8 . Outside recreational ares shall be appropriately separated from parking and driving areas; shall not be located in any yard abutting a maior thoroughfare unless buffered by a device set forth in Section 35- 400, Footnote 10 ; shall not have an impervious surface for more than half the playground area; and shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less. or shall be bounded on not more than two sides by parking and driving areas. Section 35-900 . DEFINITIONS. The language set forth in the text of this zoning ordinance shall be interpreted in accordance with the following definition. Words used in the present tense shall include the future; words used in the singular include the plural and the plural includes the singular. Adult Halfway House - A community-based residential facility, the primary function of which is to provide, through its own program or community resources, services to adults accused of, charged with, or convicted of a criminal I I offense. Adults are persons 18 years of age or older. Boarding Care Home - A residential facility which provides personal or custodial care only. Examples of personal or custodial care include: help with bathing, dressing, or other personal care supervision of medications which can be safely self-administered, plus a program of activities and supervision required by persons who are not capable of properly caring for themselves. Community Correctional Facility - a community based facility, public or private, including group foster homes, adult halfway houses juvenile halfway houses. and shelter facilities having a residential component, the primary purpose of which is to serve persons placed therein by a court, court services department, parole authority, or other correctional agency having dispositional power over persons convicted 'of a crime or adjucated to be delinquent and regularly providing 24-hour-a-day care including food and lodging. Community Health Care Facility - A facility or institution, public or private principally engaged in providing services . for health maintenance, diagnosis or treatment of human disease, iniury, deformity, or physical condition including, but limited to a general hospital , special hospital , public health center, diagnostic center, treatmentcenter, rehabilitation center, extended care facility, outpatient clinic, dispensary, home health care agency, boarding home or home for sheltered care or central services facility serving one or more such institutions excluding institutions that provide healing solely by prayer. Community Residential Facility - A residential facility, public or private, which for gain or otherwise regularly provides one or more person with a 24 hour per day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the person ' s own home. Residential facilities shall be considered to include: state institutions under the control of the Commissioner of Human Services foster homes residential treatment enters, maternity shelters, group homes, residential programs, or schools for handicapped children. - Correctional Facility - Adult - A facility which provides short term incarcerative sanctions imposed by the court for commission of a gross misdemeanor or felony and providing 24-hou-a-day lodging, food, care and security. Day Care Facility - A facility, public or private, which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, i I�� II rehabilitation, or developmental guidance on a regular basis, for persons of less than 24 hours per day, in a place other than the person ' s own home. Day care facilities include but are not limited to: family day care homes, group family day care homes, day care centers, day nurseries, nursery schools, daytime activity centers day treatment programs, and day services. Dwelling - A building, or portion thereof, designed or used predominantly for family and affiliated group residential occupancy of a continued nature, including one-[family]unit dwellings, two [family] unit dwellings, and multiple [family] unit dwellings, including earth-sheltered homes and manufactured homes; but not including unaffiliated group living units, hotels, motels, commercial boarding or rooming houses, tourist homes and recreational vehicles, such as travel trailers, camping trailers, pick-up campers, motor coaches, motor homes and buses. Dwelling, Attached (Apartment Condominium, Cooperative Townhouse or Duplex) - A dwelling joined to one or more other dwellings by party wall or walls. Dwelling, Detached - A dwelling entirely surrounded by open space. Family - Any of the following definitions shall apply: 1. A person or persons related by blood, marriage or adoption, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit. 2 . Group or foster care of not more than six wards or clients by an authorized person or persons, related by blood, marriage, or adoption, together with his or their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit approved and certified by the appropriate public agency. 3 . A group of not more than [ five] six persons not related by blood, marriage or adoption maintaining a common household in a dwelling unit. Group Living Unit - Includes all occupancies over six unrelated individuals A single group residential facility or accommodation which is intended for occupancy by 7 or more unrelated individuals sharing a common kitchen and eating facilities but excluding dwelling units one and two unit dwellings, multiple unit dwellings condominiums and apartments. Hospital - An institution licensed by the state Department of Health primarily engaged in providin by or under the I supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical diagnosis treatment, and care of injured disabled or sick persons or (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons Institutional Living Unit - Any group occupancy over 20 unrelated individuals. Intermediate Care Facility (nursing home) - A community health facility which provides on a regular basis health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide but who because of their mental or physical condition require care and services (above the level of room and board) which can be made available to them only through group institutional facilities such as these. Jail/Detention Correctional Facility - A facility which Provides short term secured confinement while awaiting court action and disposition and providing 24-hour-a-day lodging, food, care and .security. Nursing Home, Rest Home or Convalescent Home - A residential facility which provides for the accommation of persons who are not acutely ill and not in need of hospital I care, but who do require nursing care and related medical services. Examples of nursing care include: bedside care and rehabilitative nursing techniques administration of medicines, a modified diet regime irrigations and catheterization, application of dressings or bandages and other treatments prescribed by a physician. In addition the social , religious, educational and recreational needs of these patients must be fulfilled. Residential Facility - A licensed residential facility, public or private, which for gain or otherwise regularly provides one or more person with a 24 hour per day substitute for care, food lodging training education supervision, habilitation rehabilitation and treatment they need, but which for any reason cannot be furnished in the person ' s own home. Residential facilities shall be considered to include: state institutions under the control of the Commissioner of Human Services foster homes residential treatment centers, maternity shelters group homes, residential programs, or schools for handicapped children. Supervised Living Facility - A residential facility that Provides a residential, homelike supervised setting including lodging meals and in accordance with the rules of the Department of Human Services counseling and developmental habilitative or rehabilitative services to five or more persons who are mentally retarded, adult mentally ill chemically dependent, or physically handicapped Services include provision of meals, lodging, housekeeping services health services and other services provided by either staff or residents under supervision. Class A facilities include homes for ambulatory and mobile persons who are capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions Class B facilities include homes for ambulatory, non-ambulatory, mobileor nonmobile persons who are not mentally or physically capable of taking appropriate action for self-preservation under emergency conditions as determined by program licensure provisions. Section 2 . This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of 1992 . Mayor ATTEST: Clerk Date of Publication Effective Date (Brackets indicate matter to be deleted; underline indicates new matter. ) MEMORANDUM To: Brooklyn Center Planning Commission From: Planning Staff Re: Earle Brown Bowl Outdoor Activities Date: March 26, 1992 Last year, the Planning Commission and the City Council approved a special use permit for Earle Brown Bowl to conduct an outdoor volleyball league in their parking lot and to construct an outside deck for up to 50 dining seats with both activities operating during the months from May 1st through Labor Day. A condition of the special use permit approval was that complaints regarding these activities be monitored and a report on such complaints and on any parking, drainage, noise, or sanitation problems be submitted by April 1, 1992 to the Planning Commission and City Council . The purpose of this memo is to inform the Commission that no complaints regarding parking, drainage, noise, or sanitation associated with the outdoor volleyball league were received last year. We have checked with the Sanitarian, the City Engineer, and the Police Department and they report no problems. The outdoor dining area was never constructed. The only staff complaint regarding the volleyball activity was the temporary use of plastic banners reading "Budweiser" which constituted illegal signery. These were removed upon request. The applicant, in the person of Mark Bruer, has submitted a brief written request that the same activities approved in 1991 be allowed during the same period of 1992 . The only difference this year is that the volleyball league will be run by the bowling alley rather than by Volleyworld as was the case last year. A copy of Mr. Bruer 's request with sales data is attached for the Commission 's review. We believe that this request is consistent with the special use permit approval of application #91009 and that there is no need to modify that approval in light of the operation ' s record of no complaints last year. We would ask that the Commission concur in our recommendation that the special use permit for outdoor eating and volleyball be continued, subject to the conditions of the original approval . There was a motion by Councilmember Rosene and seconded by Councilmember Scott to approve Planning Commission Application No. 91009 submitted by the Earle Brown Bowl subject to the following conditions: 1. Construction plans for the deck are subject to review and approval by the Building Official with respect to applicable codes prior to the issuance of permits. 2. Seating on the deck shall be limited to 50 seats and service shall terminate not later than 10:30 p.m. 3. The outside deck and the volleyball courts may operate during the seasonal period when bowling leagues are not functioning between May 1 and Labor Day of each year. This permit shall be in effect only as long as the property is used as a bowling alley. 4. Volleyball play shall cease not later than 10:30 p.m. 5. The applicant shall sweep the parking lot near the volleyball courts on a weekly basis to minimize the flow of sand into the storm sewer system. 6. The volleyball courts shall be placed on the site in a manner to minimize any disruption of parking and to avoid proximity to catch basins. 7. The applicant shall employ on the premises security personnel whose responsibility it shall be to prevent the consumption of food or liquor at the volleyball courts and to respond promptly to any noise complaints. 8. City staff shall monitor any complaints pertaining to the operation of the outside deck and/or volleyball courts during the first summer of operation. A report on such complaints and on any parking, drainage, noise or sanitation problems associated with either outdoor activity shall be submitted to the Planning Commission and City Council for their consideration not later than April 1, 1992. If the Council finds that any .aspects of these outdoor activities constitutes a nuisance, it may terminate or modify this special use permit. Specifically, but without limiting the foregoing, this permit may be terminated or modified if the use proposed creates noise which, in the discretion of the Council, is deemed to be unreasonable or undesirable, or results in a shortage of available on-site .parking. The applicant has requested and agreed that this permit be granted on an experimental or trial basis for one summer only and shall be terminated no later than Labor Day, 1991, unless the permit is extended by the Council. But for this agreement, this permit would not be granted by the Council." 9. The special use permit is subject to all applicable codes, ordinances and regulations. Any violation thereof shall be grounds for revocation. 10. Alcoholic beverages may not be sold or consumed outside with the exception of the deck area. Consumption of alcoholic beverages is subject to regulations established by the Chief of Police, consistent with the provisions of Chapter 11 of the City Ordinances. 11. Any noise coming from the deck or volleyball area constituting a nuisance shall be prohibited. The applicant and his representatives shall cooperate fully in complying with this directive and any others given by police or code enforcement personnel. The motion vassed unanimously. 6/10/91 - 10 - 1 3 1 319,2- o�01 arle Urcwn Bowl 6440 James Circle N. Minneapolis, MN 55430 566-6250 March 20, 1992 City of Brooklyn Center Mr. Ronald A. Warren Planning Commission Secretary 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Re: Earle Brown Bowl' s request for outdoor sand volleyball and the construction of an outdoor temporary seasonal deck. Dear Mr. Warren: Pursuant to our telephone conversation of last week, I am formally requesting approval from the Brooklyn Center City Council to allow Earle Brown Bowl to operate outdoor sand volleyball leagues and to construct their outdoor patio deck, again this summer. VOLLEYBALL LEAGUES The only change planned in the operation of the volleyball leagues for this summer is as follows: In 1991 the volleyball leagues were organized and run by- VolleyWorld. In 1992 Earle Brown Bowl intends to organize and operate the volleyball leagues for themselves. All other areas of operation, including construction of the volleyball courts, lighting, location of the courts, will be exactly as outlined in Earle Brown Bowl' s original application, Planning Commission Application -No. 91009. OUTDOOR PATIO DECK The outdoor patio is planned exactly as outlined in Earle Brown Bowl' s original application (same as above) . I understanding that before construction can begin a building permit must be acquired and the health department needs to be contacted, 1: arle Brown lBcwl 6440 James Circle N. Minneapolis, MN 55430 566-6250 Attached is a summary of Earle Brown Bowl' s roio-rithly sales for their fiscal years ending June 30, 1990 - 1992. Again, Earle Brown Bowl experienced a significant drop in sales during the surnrner. A review of the monthly sales for the fiscal year 190 - 191 shows the following: Coraparing the two slowest summer months, July 190 and June 191, to the highest winter month, March 191, the following can be determined: TOTAL SALES July 190 $128, 751 46% Decline in Total March 191 $237, 685 Sales BOWLING SALES July 190 Open Bowling $10, 564 League Bowling 2, 778 ------- 80% Decline in $13, 342 Bowding Sales March 191 Open Bowling $23, 381 League Bowling 42, 801 $66, 182 June 191 Open Bowling $ 8, 353 League Bowling 3, 845 82% Decline in ------- Bowling Sales $12, 198 As the above figures represent, Earle Brown Bowl experienced a significant drop in business during the suriimer months. With such a significant drop in business during the summer rnonths, parking should not be a problern. . E arle Urcw" Bowl 6440 James Circle N. Minneapolis, MN 55430 566-6250 If there is additional information that is required beft-nre the City Council meets, please contact me. 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