HomeMy WebLinkAbout1987 09-03 PCP Planning Commission Information Sheet
Application No. 87012
Applicant: Bill Kelly House
Location: 5240 Drew Avenue North
Request: Special Use Permit
This application for a special use permit to operate a residential treatment
facility for 23 mentally ill and chemically dependent adults was considered and
tabled by the Planning Commission at its August 13, 1987 meeting. The purpose of
the tabling was to provide additional time for interested persons to submit any
additional data they wished the Commission to consider in making their
recommendation to the City Council. The Planning Commission established August
27, 1987 as deadline for submitting additional data and further established
September 3, 1987 as the date for them to deliberate and make a recommendation
regarding this application.
The following is a list of information which was submitted and delivered to the
Planning Commission on Friday, August 28, 1987:
1. A study and information regarding a four block area in the City of
Fridley around Community Options, a residential treatment
facility. The information and comments were prepared by
Margaret Otten, a person living in that area. (This had been
submitted to the Planning Commission at the August 13, 1987
Commission meeting, but enough copies weren't available at that
time for distribution) .
2. A letter from Marcy Theoufeld and Kathryn L. Nelson, owners of
2544 Pillsbury Avenue South, Minneapolis. (Also submitted to
the Commission on August 13) .
3. A written report prepared by the neighborhood committee and
submitted August 28, 1987 including various attachments and
comments regarding their position that this permit should be
denied.
4. A copy of a report prepared for the Alcohol, Drug Abuse and Mental
Health Administration of the U. S. Department of Health and Human
Services entitled Chronic Mentally Ill Young Audlts with
Substance Abuse Problems: A rev'e of Relevant Literature and
Creation of a Research Agenda by M. Susan Ridgely, M.S.W. , Howard
H. Goldman, M.D. , PhD. , and John A. Talbott, M.D. This 89 page
report was submitted and highlighted by the neighborhood
committee.
5. A copy of the City's Standards for Special Use Permits, submitted
and highlighted by the neighborhood committee.
6. A copy of Fridley police calls to 5384 5th St. N.E. (Community
Options) between June, 1986 and July, 1987. (It appears there
were 18 calls during this 13 month period) .
7. A copy of Minneapolis police calls to 5812 Lyndale Avenue South
between December, 1985 and November, 1986. This facility, known
as the Re-Entry House, was apparently administered by Henry
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Norton in 1981. Also included are copies of various
supplemental police reports regarding particular incidents
during that time. (There were 52 calls to the facility during
this 12 month period) .
8. A copy of Brooklyn Center police calls to various addresses in
Brooklyn Center that received notice of the public hearings for
this application and an attached map. The period of time covered
is August, 1984 through August, 1987. (This information was
requested and supplied to the neighborhood committee) . It shows
470 calls to addresses at the Brookdale Ten apartment complex; 55
calls to the apartment complex at 5240 Drew; and approximately 55
calls to all other addresses within the area over a 36 month
period) .
9. An August 14, 1987 letter from Richard Ellis, Program Director at
Bill Kelly House, regarding the University of Maryland research
project and maintenance at their existing facility.
10. A copy of an August 14, 1987 letter to Richard Ellis from M. Susan
Ridgely, University of Maryland, regarding the research project.
Additional data and information was received after our August 28, 1987 delivery and
is attached with this information sheet.
1. An August 28, 1987 letter from Edward J. Fitzpatrick, Fridley
City Councilmember regarding Marge Otten's study and
observations.
2. A copy of Golden Valley police calls to 6739 Golden Valley Road
(Oasis Residential Treatment facility) between May, 1985 and
August, 1987 (42 calls in this 27 month period) .
3. A September 1, 1987 letter from the Minneapolis Police Chief
listing 13 calls for police assistance to the Bill Kelly House
during 1986 as well as comments stating the number of calls not
being considered excessive.
Also available in the Planning Commission files are pictures taken by the
neighborhood committee of the Bill Kelly House which were submitted on August 13,
1987.
The Planning Commission's responsibility is to review all of the information and
data received as well as previous submissions and comments that have been made and to
make a determination regarding a recommendation on this special use permit
application to the City Council. Again, the two key issues on which this
application seemed to hinge are concerns raised over adverse affect on neighboring
property values and safety concerns posed by the location of this facility in the
neighborhood. These concerns relate to Standards a and b of Section 35-320,
Subdivision 2 of the Zoning Ordinance (Standards for Special Use Permits) .
The City Attorney has advised that to deny this application a finding would have to
be made on the basis of substantial and credible evidence, rather than speculative
and unsubstantiated fears, that the location of this facility would either cause a
substantial diminution in surrounding property values and/or it represents a
substantial and unacceptable threat to public safety.
The applicant has submitted a revised site plan (copy attached) for proposed
improvements to the property based on the staff report submitted to the Commission
on July 16, 1987. -2-
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They have revised the plan to provide for a four foot high board-on-board wood fence
along the south property line to provide required screening. The plan also shows
revisions to the parking lot to provide 90 degree parking stalls and relocation of
the trash enclosure. The plan calls for 15 parking stalls (one of which is a
handicapped stall) rather than the 17 recommended in the July 16 staff report. We
recommend, if the Planning Commission recommends approval of this application, that
the applicant be required to further revise the plan to include 17 stalls with a
turnaround area.
Regarding additional staff for the facility during the hours of 4:00 p.m. and
midnight on weekdays and 8:00 a.m. to midnight on weekends, we would concur that at
least one additional staff person should be there. The representative of the
State Department of Human Services, at the August 13, 1987 Planning Commission
meeting encouraged such a condition. However, I would caution that such a
condition should be considered for the protection of the residents of the
facility and can really only be advisory since the State regulates minimum
staffing requirements as part of their licensing requirements.
Options
It appears that the options available to the Commission are either to recommend
denial of the permit, recommend approval of the permit or recommend to the City
Council that additional studies are necessary.
If the Planning Commission chooses to recommend denial of this special use
permit, such a recommendation must be based on a finding by the Commission that
the facts and information submitted clearly support that there will be a dimi-
nution in surrounding property values and/or this proposal represents a sub-
stantial and unacceptable threat to public safety.
A recommendation of approval of this application suggests a finding that the
Standards for Special Use Permits have been met and that approval should be
subject to at least the following conditions:
1 . Building plans are subject to review and approval by the Building
Official and the State Building Codes Division with respect to
applicable codes prior to the issuance of permits.
2. Grading, drainage, utility and berming plans are subject to
review and approval by the City Engineer prior to the issuance
of permits.
3. A site performance agreement and supporting financial guarantee
(in an amount to be determined by the City Manager) shall be
submitted prior to the issuance of permits.
4. The site plan shall be amended prior to consideration by the
City Council to indicate a 42 foot wide parking lot at least 17
90 degree parking stalls and be bounded by 8612 curb and gutter.
5. The premises shall continue to be licensed under the Housing
Maintenance and Occupancy Ordinance and shall be subject to the
occupancy provisions therein.
6. The permit is issued to the applicant and is nontransferable.
7. The permit is subject to all applicable codes, ordinances and
regulations and any violation shall be grounds for revocation.
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8. Existing tenants shall receive a minimum of 30 days notice prior
to the date they are to expected to vacate the premises.
9. The City strongly recommends the addition of at least one staff
person on the premises during the hours of 4:00 p.m. and midnight
during weekdays and between the hours of 8:00 a.m. and midnight on
weekends to provide better supervision and protection of the
residents of the facility.
10. The facility shall be subject to a City Board and Lodge License
and compliance with these requirements.
11 . The special use permit shall be reviewed within one year of the
date of issuance to examine the history, if any, of complaints or
police actions relating to the facility.
12. Approval acknowledges the ability of the applicant to provide up
to 20 parking spaces on-site meeting the minimum requirements of
the Zoning Ordinance. The applicant shall enter into an
agreement with the City whereby the applicant agrees to provide
at least 20 parking spaces on-site upon a determination by the
City that the parking spaces are needed. Said agreement shall be
filed with the title to the property.
13. Any and all outside trash disposal facilities shall be
appropriately screened from view.
If the Commission believes additional study is necessary before the City Council can
make any final determination such a recommendation could also be made. If the
Commission believes that the information thus far submitted is inconcl -sive, then a
recommendation for further analysis such as what was suggested in a memo from the
City Assessor to the City Manager regarding an impact analysis on property values in
the neighborhood could be made.
The public hearing regarding this matter has been continued to this evening's
meeting and notices have been sent.
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