080608 planning commission
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMlvllSSION MINUTES
August 6, 2008
City Hall, 7 p,m.
CALL TO ORDER
ROLL CALL
CONSENT BUSINESS
PUBLIC HEARING
Planning Case 08-11
Item 4.1
The New Hope Planning Commission met in regular session pursuant to due
call al1d notice thereof; Chair Hemken called the meeting to order at 7 p.m.
Present: Paul Anderson, Pat Crough, Kathi Hemken, Jeff Houle, Sandra
Hunten, Ranjan Nirgude, Bill Oelkers, Steve Svendsen
Absent: Jim Brinkman, Roger Landy, Tom SclU11idt
Also Present: Curtis Jacobsen, Community Development Director, Al Brixius,
PI arming Consultant, Steve Sondrall, City Attorney, Jason
Quisberg, City Engineer, Eric Weiss, Community Development
Assistant, Pamela Sylvester, Recording Secretary
There was no Consent Business on the agenda.
Chair Hemken introduced for discussion Item 4.1, request for rezoning,
conditional use permit, vacation of existing easements and creation of new
easement, site al1d building plal1 review, preliminary plat, and
comprehensive sign plan review for expansion of existing facility to provide
short-term rehabilitation and nursing care, 8100 Medicine Lake Road and
2724 Virginia Avenue, Good Samarital1 Society - Ambassador, petitioner.
1vIr. Eric Weiss stated that the petitioner was requesting several plalming
applications to accommodate an expal1sion of the facilities at 8100 Medicine
Lake Road and 2724 Virginia Avenue. The vacant parcel on Virginia Avenue
is zoned R-3 medium density residential and the existing nursing home site is
zoned R-5 senior/disabled. Adjacent land uses include community business
(Midland Shopping Center) to the east, R-2 and R-3 to the north and west,
and residential south of Medicine Lake Road in Golden Valley. The
combined site area is approximately four acres. The current building contains
34,066 square feet al1d the proposed addition would be 15,180 square feet for
a total building area of 49,246 square feet. Completed lot area ratios would be
green area at 48 percent, building area at 29 percent and paved area at 23
percent. The site is located in Planning District No. 16 with the city goal of
preserving al1d enhal1cing residential land uses and working with
Ambassador to facilitate an expal1sion.
Mr. Weiss explained that the facility has been in New Hope since 1964 and
currently has 84 beds. Adjustments would be made to the existing facility so
that the expal1ded facility would remain at 84 beds, such as converting two-
bedroom units into one-bedroom units. The proposed addition would
provide rehabilitation al1d skilled care nursing for acute care patients just
released from the hospital for approximately 15 days. The age of patients is
over the age of 55, with the majority over 85 years of age. Supportive
functions provided by the existing nursing home such as administration,
skilled staff, food service and laundry are critical to the operation of the
proposed facility. The expanded facility would provide a sh'onger health care
institution resulting in high quality services in the community.
Property owners within 350 feet were notified and the city received no
comments.
Mr. Weiss stated that a conditional use permit was required for a long term
care facility in the R-5 zoning district. The project met all CUP requirements,
including side yard setbacks, recreation in rear yard, facility served by a
collector or arterial street, and all state laws/licensure. The vacant property at
2724 Virginia Avenue is zoned R-3 medium density and must be rezoned to
R-5. The zoning change does not address al1Y past zoning mistake but does
recognize tl1e changing character of the community. Site and building plan
review was required due to the size of the addition al1d potential impacts to
the neighborhood. A preliminary plat was submitted to combine the two lots
into one lot, which would be known as Ambassador Addition. Existing
utility easements would be vacated and a new easement created. The city
attorney reviewed the plat and requested additional information from the
applical1t. The applicant has requested that the Planning Commission waive
review of the final plat.
Revised plans were submitted that included the additional information
requested by the Design and Review Committee. The addition would house
21 beds for short term rehabilitation. The applical1t must comply with all
applicable state licensing laws.
The proposed project both supports and conflicts with the goals of the
Comprehensive Plan. A goal for plalming district 16 was that the city would
work with Ambassador on a possible expal1sion that would be compatible
with the adjacent neighborhood, provide a variety of housing choices to meet
the needs of New Hope's changing demographics, and continue the city's
effort to maintain safe, special needs housing. The project conflicts with the
city wide goal of maintaining a strong tax base, due to the fact that this
facility is ta-'( exempt, al1d that the city would maintain its multiple family
residential neighborhoods. Ambassador purchased and demolished an
existing fourplex at 2724 Virginia. Overall, the project meets the objectives of
the zoning district.
Mr. Weiss explained that the proposed project would meet all required
setbacks and lot requirements for the R-5 zoning district. A cantilevered roof
would extend over the front entral1Ce al1d driveway and encroach into the 20-
foot side yard set back. Supporting columns for the roof would be behind the
setback, therefore, staff felt the encroachment was acceptable and no variance
would be required. The plal1 showed 73 parking spaces, including six
handicapped stalls. Per city code, 46 spaces would be required for the
nursing home use and employees. A new drive access from Virginia would
be created at the entrance of the new addition. The 20-foot drive lane would
serve as a fire lane and no parking signs would be posted. The canopy over
the drive lane would be 144 inches high.
Plarming Commission Meeting
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July 8, 2008
Currently, the property at 2724 Virginia shares driveway access with the
property to the north at 2773 Virginia. A cross easement was approved by the
county between the two properties for sharing responsibility for
maintenance, liability, snow removal, capital improvements and taxes.
A photometric plan indicated all lighting met city standards. The addition
would include down light sconces and wall mounted lights, which would
add architectural interest to the building. Trash and recycling would be
housed in an existing enclosure along the south wall of the building. The air
conditioning equipment would be located in a cut out section of the roof of
the addition that would screen the equipment from the ground, The site plan
shows a 1000 kW generator and transformer on the southeast corner of the
property.
The landscaping plan indicated new elm and serviceberry trees would
replace existing trees on a one-for-one basis. Various flowering slu-ubs and
bushes would be added around all sides of the building addition, as well as
perennial gardens. Staff recommended that the applicant consider plal1ts
more tolerable to the hot, dry western exposure. A large rain garden along
the property line adjacent to Midland Center was proposed, and al1 area of
native prairie plants on Midland property east of the rain garden. A letter of
support from the owner of Midland Center must be provided by the
applical1t.
Mr. Weiss explained the building exterior design complied with the Design
Guidelines. It would have a residential look, including cement board lap
siding, double hung windows, cultured stone, lighting accents al1d gabled
roof. The siding would be light green with brown dormers and dark brown
roof. The Call0Py over the entrance would match the principal building and
be sprinkled. The enh'ance would be oriented to the street and pedesh'ian
paths would be provided. Signage information submitted was insufficient to
determine compliance with the code. Signage plans must be revised to show
the type of material, illumination, height and area of each sign on the site. .A.n
existing sign on the site is located in the right-of-way and the applicant has
agreed to relocate the sign.
West Meh'o Fire requested additional information on several items including
location of hydrants, lock box, address numbers, fire department connection,
fire alarm system, driveway and fencing. The applicant must comply with all
West Metro recommendations.
The two existing utility easements through 2724 Virginia must be vacated.
The new drainage and utility easement would be relocated around the
building addition to the north and east.
Mr. Weiss stated that staff recommended approval of the rezoning of 2724
Virginia Avenue from R-3 to R-5, conditional use permit for long-term care
facility, vacation of existing easements and creation of a new easement, site
and building plan review, preliminary plat, and comprehensive sign plan,
subject to the conditions in the plalU1ing report.
Planning Commission Meeting
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July 8, 2008
Commissioner Houle raised the issue of the shared driveway with 2773
Virginia Avenue and the fact that West Metro Fire questioned
maneuverability and turning radius for emergency vehicles with the layout
change. Mr. Quisberg indicated that West Metro should review tl1e driveway
design again and make a determination if the driveway would be adequate.
Houle requested that this issue be addressed and the site plan modified. Mr.
Brixius interjected that in the event of a fire the fire department would
probably park fire vehicles in the cul-de-sac. Staff would clarify with West
Metro Fire inspectors whether or not the drive lal1e for 2773 Virginia was
adequate. Mr. Jacobsen stated that he thought Item 10 in the West Metro
memo referred to the new driveway, which was discussed at the Design and
Review Committee meeting regarding access for fire trucks. He stated he
didn't think West Metro was referring to the old building al1d shared
driveway. Houle pointed out that there was a hammerhead at the end of the
shared driveway between 2773 and 2724 Virginia previously and it was
eliminated now. Commissioner Oelkers agreed that this was a legitimate
concern and to have West Metro clarify whether or not it was a concern.
Mr. Gary Gust, architect for Horty Elving, came forward to address the
Commission.
Commissioner Svendsen initiated discussion on the back up generator al1d
questioned how it would be fueled, spill contaim11ent, al1d noise levels. Mr.
Gust replied that the health deparhnent required diesel as the back up fuel
source as it did not consider natural gas reliable in the case of an emergency.
They would install a fuel tank to provide the proper amount of fuel and
would comply with MPCA requirements for fuel containment, double lined
tal1k with monitoring, and spillage when filling. The generator would be
located approximately 25 feet from the south property line. With regard to
noise, Caterpiller indicated that this unit would put out 65 decibels at 25 feet.
Typically, conversation is 60 decibels. This type of unit is utilized in many
nursing homes and hospitals. The unit would handle the nursing home
under full load al1d would be relatively quiet.
Commissioner Svendsen inquired about the rain garden design. Ivir.
Quisberg stated that staff was not comfortable vvith the proposed design of
the rain garden. Currently, they show the storm water from the Virginia
Avenue cul-de-sac being routed around the building. This design has a
choker pipe which restricts the flow and causes the line to surcharge and
back up through the structure. Staff was concerned because as the water is
released up through the structure, the pipe is achlally two feet higher than
the cul-de-sac. This means that by the time that would be spilling water, there
could already be two fee of water in the cul-de-sac. Modifications are needed
to the proposed system to meet the storm water requirements. Mr. Quisberg
maintained that this was a difficult site to work with given how the northern
and eastern sides of the property were much higher than the balance of the
site, al1d it would be difficult to provide on site h'eah11ent. A cash dedication
fee may be a better option. A question was raised whether or not a rain
garden should be considered on the west side of the property. Mr. Quisberg
al1swered that one of the concerns was that, as drawn, the rain garden would
only capture runoff generated on the eastern half and the roof and not treat
Plalming Commission Meeting
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July 8, 2008
any of the water on the west. An option may be to add an another rain
garden inside the loop driveway.
Commissioner Nirgude questioned whether or not this issue could be
worked out prior to the Council meeting at the end of the month. Mr.
Quisberg indicated the city would work witl1 tl1e applical1t on revising plans
to meet the storm water treahnent requirements.
Mr. Nicholas Adam, a civil engineer with Rehder & Associates, 3440 Federal
Drive, Eagan, indicated that revised plans could be prepared within two or
tl1ree days of receiving information from the city's engineer. In answer to a
question regarding a rain garden on the west side, Mr. Adam indicated that
may be possible. He explained that the plan was designed so water flowing
off tl1e roof on the west would flow to the catch basin in the cul-de-sac al1d be
choked in the choker pipe into the rain garden. They were proposing to treat
the entire site in the rain garden on the east. Mr. Quisberg interjected that the
direct flow into the rain garden only captures the runoff on the east. The
plans show the applicant utilizing the city line pipe and directing all the
water from Virginia to drain to the rain garden. The city would prefer
another method for treating water from a city line due to the high risk. Mr.
Quisberg reiterated that this was a difficult site to work with and was the
reason a cash dedication fee had been proposed, which may be
approximately $36,000. Mr. Adam stated that they would prefer to
accomplish the storm water treahnent on site.
Mr. Gust questioned how tl1e cash dedication fee amount was figured. Mr.
Quisberg stated that the cash fee was figured on the impervious surface of
the entire site, or the theoretical cost to construct a wet pond according to
NURP stal1dards. If a pond is constructed on site, the pond must be sized for
the additional impervious surface.
Commissioner Svendsen questioned where the water would flow if a pond
was not provided. Mr. Quisberg stated that the water would flow to a site
south of Medicine Lake Road in Golden Valley. The wet storage volume of
the rain garden would be minimal.
A question was raised whether or not the city should allow more water to be
added to al1 area already prone to flooding. Mr. Quisberg replied that the city
would prefer not to have additional water added at that location, however,
additional water would be added due to the increased impervious surface
area with the building expansion. The rain garden may offset water runoff
from the new roof.
Commissioner Svendsen initiated discussion on a shared access agreement
with 2773 Virginia Avenue. Mr. Gust indicated that the old agreement had
been approved by Hennepin County and a new agreement was completed
within the past couple months. Svendsen wanted confirmation that the
agreement was with the owner of 2773 Virginia and Ambassador rather than
the previous owner of 2724 Virginia.
Commissioner Nirgude requested the status of the agreement with Midland
PI arming Commission Meeting
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July 8, 2008
Shopping Center for work to be done on the shopping center property. Mr.
Gust stated that the agreement was close to being finished. The agreement
would allow Ambassador to COlmect the water main on the northeast corner
of the property, as well as cut the hill down, and allow them to do the work
between the two properties. He also informed the Commission that they had
revised the landscape plan based on the discussion at the Design al1d Review
Committee meeting. The large trees that follow the property line were
relocated to other parts of the site so as not to interfere with utility lines.
Commissioner Oelkers questioned whether the elm h'ees proposed on the
plans were appropriate for the site. Mr. Gust indicated that they would work
with the city forester to be certain the type of tree would be hardy. Mr.
Jacobsen added that there are several new varieties of elm trees that are
resistant to Dutch elm disease. The planning consultant suggested that the
trees be disease resistant and the applicant work with the city forester on this
issue. He also stated that the landscaping planted over the utilities between
the east property line and the building be identified in an easement
agreement so if the city had to work on the utility lines al1d there was
damage or loss of vegetation, that it would be replaced at the applicant's
expense.
In response to a question regarding signage, Mr. Gust stated that the sign
contractor would apply for a permit al1d provide information on signage.
The new sign for the acute care facility would have lighting at ground level
that would shine up to the sign; it would not be back lit. Mr. Jacobsen stated
that the sign code provided for a maximum square footage for the site. There
are several existing signs on site. The sign contractor must work with staff to
provide information on all site signage. Mr. Brixius stated that the applicant
must insure the signs were located on their property. Houle pointed out that
the applical1t must provide all details for the comprehensive sign plal1 prior
to the City Council meeting or come back for approval at a later date. Mr.
Gust indicated they would work to provide the information prior to the next
City Council meeting.
Commissioner Hemken questioned how the water would drain from the cut
out area in the roof for the air conditioner. Mr. Gust indicated that the area
well created to screen the condensing unit would be large enough so air
could flow under the unit al1d discharge hot air just below the roof level.
Water and snow would collect at the bottom which would be flashed and a
single ply membrane installed with a roof drain in the center. Water would
be discharged from a drain and flow to the rain garden.
Commissioner Nirgude inquired about the location and size of the fuel tank
for the back up generator and whether it would be screened. Mr. Gust
responded that it had not yet been determined whether the tank would be
above grade or below, as they did not yet have the soil report. If the tank was
above ground, screening would be provided. The tank would probably be
sized to run for a day or two, whicl1 may be 200 to 300 gallons. The generator
would be 1000 kW. The approximate size would be eight feet wide by 12 feet
long and eight feet tall. The back up generator is required by the state.
Currently, there is a generator in the basement of the existing facility, but it
Plarming Commission Meeting
6
July 8, 2008
did not handle the full facility. The new generator would handle the entire
facility, including the new addition. The generator needed to be larger
because air conditioning would be added to the new facility. The unit would
need to be tested under full load one time per month. Mr, Sondrall, city
attorney, pointed out that if the generator put out 65 decibels it may not meet
Mumesota Pollution Control Agency guidelines during the evening hours.
Additional soundproofing may be required. Discussion ensued on decibel
levels and the zoning districts impacted. Mr. Brixius added that the southern
and eastern boundaries were zoned commercial. Mr. Gust reiterated that they
would comply with all state requirements.
Commissioner Houle questioned how mal1Y additional jobs would be
created with the addition al1d the reply was one job.
Commissioner Svendsen asked for clarification regarding the conditions of
approval.
Commissioner Houle stated he was concerned that there were several major
issues still unanswered al1d the application was not as complete as it should
be to move forward to the City Council. Mr. Jacobsen stated that 16
conditions were proposed for this project, including the rain garden
maintenance agreement, and many of them could probably be addressed
prior to the August 25 Council meeting. Houle maintained that the city did
not have information on signage, decibel level of the generator, driveway at
2773 Virginia, West Metro Fire's concerns, and the storm water site drainage.
Commissioner Hunten agreed that many issues were not resolved and felt
the applicant could come back to the Plal1l1ing Commission when more
information was available al1d wondered who made sure that all the
conditions were met on a project. Mr. Sondrall added that the 60-day time
limit expired on September 6 and the Council could pass a resolution
extending the time period for approval for another 60 days. If the PI aIming
Commission is uncomfortable with the application, then the option would be
to postpone action and require the applicant to return with the additional
information. Once the Council approves tl1e project, staff would be
responsible for insuring all conditions were met. Building permits would not
be issued until staff was satisfied that all conditions were met.
Commissioner Nirgude stated that he was confident the applicant could
provide the needed information on the generator prior to the Council
meeting. The drainage issue should be resolved or a cash dedication fee paid.
He stated he was concerned about the fire lane/driveway at 2773 Virginia and
suggested staff follow up on this issue, and Mr. Jacobsen indicated he would
follow up with the fire department.
Commissioner Svendsen agreed that there were many concerns, but stated he
felt that if the concerns were added as conditions of approval, he was
confident the issues would be addressed.
No one was in the audience to address the Commission.
Planning Commission Meeting
7
July 8, 2008
Motion by Commissioner Svendsen, seconded by Commissioner Oelkers, to
close the public hearing on Plarming Case 08-11. All voted in favor. Motion
carried.
Mr. Sondrall conuuented that during the discussion on the generator it was
mentioned that natural gas was not a reliable fuel source. He offered that
during a recent council discussion on this subject, the Council requested
natural gas as the fuel source for the back up generator not diesel. He
suggested that the applicant be prepared to justify tl1eir need for diesel rather
than natural gas. Commissioner Houle added that he thought the fire
marshal made the call on the reliability of natural gas. Mr. Gust stated that
the Minnesota Health Department required diesel for the generator. He
added that in preliminary discussions with Caterpillar they inquired about
natural gas. Diesel could provide more BTUs per hour, therefore, they would
be able to get more power out of the diesel witl1 the smaller tank. With
natural gas they would have to increase the size of the generator, which
would triple the cost. A suggestion was made that the applicant should
provide information from the healtl1 department and a comparison on unit
size and output.
Motion
Item 4.1
Motion by Commissioner Svendsen, seconded by Commissioner Oelkers, to
approve Planning Case 08-11, request for rezoning, conditional use permit,
vacation of existing easements and creation of new easement, site and
building plan review, preliminary plat, and comprehensive sign plan
review for expansion of existing facility to provide short-term
rehabilitation and nursing care, 8100 Medicine Lake Road and 2724
Virginia Avenue, Good Samaritan Society - Ambassador, petitioner,
subject to the following conditions:
1. Enter into a site improvement agreement with the city to be
prepared by the city attorney.
2. Provide performance bond (amount to be detern1ined by city
engineer and building official).
3. The applicant shall revise plans to show consistent location of
easements.
4. Applicant shall comply with all applicable state licensing laws to
operate the facility.
s. Submit a letter of agreement with Midland Shopping Center
permitting grading and landscape work on Midland property.
6. Applicant to maintain landscaping as shown on the landscape plans
and replace all damaged or dead plant materials.
7. The landscape plan shall be revised to show disease resistant plant
types hardy to this zone and appropriate to western light exposure.
8. Revise site plans to show details of all proposed fencing.
9. All grading, drainage and erosion control plans are subject to the
review and approval of the city engineer.
10. Comply with city engineer recommendations dated July 30, 2008.
11. Revise signage plans to show the material type, illumination type,
height and area of each sign on the site and submit comprehensive
sign plan for entire property.
12. Comply with recommendations of city attorney related to plat (July
Plarming Commission Meeting
8
July 8, 200S
Design and Review
Committee
Item 5.1
Codes and Standards
Committee
Item 5.2
OLD BUSINESS
Miscellaneous Issues
NEW BUSINESS
Motion to Approve
Minutes
ANNOUNCEMENTS
ADJOURNMENT
Plalming Commission Meeting
29,2008 correspondence).
13. Must comply with recommendations of West Metro Fire-Rescue
District memo dated July 15, 2008, and future correspondence
clarifying issues discussed.
14. Approval of plans by building official.
15. Planning Commission to waive review of the final plat.
16. Applicant to enter into a rain garden maintenance agreement with
the city.
17. Back up generator to comply with city, state, zoning and noise codes,
including landscaping/screening. Provide information on decibel
levels and fuel storage details.
18. Rain garden with a workable plan or payment of cash dedication
fee.
19. Enter into an easement agreement for the repair of landscaping at
the cost of the owner if the city is required to do repair or
maintenance of utilities in the easement area.
Voting in favor:
Anderson, Crough, Hemken, Houle Hunten, Nirgude,
Oelkers, Svendsen
None
Brinkmal1, Lal1dy, Schmidt
V oting against:
Absent:
Motion carried.
Chair Hemken stated that this plalming case would be considered by the City
Council at its meeting on August 25 al1d asked that the petitioner attend that
meeting.
Commissioner Svendsen reported that the Design and Review Committee
met in July to review the Ambassador project. Mr. Jacobsen added that at this
time staff was not aware of any plarming applications to be submitted for the
September meeting. The committee would be contacted if a meeting would
be necessary on August 14.
Chair Hemken stated that the Codes and Standards Committee did not meet
in July.
There was no old business.
There was no new business.
Motion by Commissioner Svendsen, seconded by Commissioner Houle, to
approve the Planning Commission minutes of July 8, 2008. All voted in
favor. Motion carried.
Mr. Weiss stated that there were five nominations for the Residential
Recognition Award and one more nomination was expected.
The Plalming Commission meeting was unanimously adjourned at 8:28 p.m.
9
July 8, 2008
Respectfully submitted,
0J~'S}~
Pamela Sylvester, Recording Secretary
Plarming Commission Meeting
10
July 8, 2008