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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 2 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 3 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 4 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 5 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