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070808 planning commission CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428 PLANNING COMMISSION MINUTES July 8, 2008 City Hall, 7 p.m. CALL TO ORDER ROLL CALL CONSENT BUSINESS PUBLIC HEARING Planning Case 08-08 Item 4.1 The New Hope Plalming 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, Jim Brinkman, Pat Crough, Kathi Hemken, Jeff Houle, Sandra Hunten, Roger Lal1dy, Ranjan Nirgude, Tom Sclm1idt, Steve Svendsen Absent: Bill Oelkers Also Present: Curtis Jacobsen, Community Development Director, Steve Sondrall, City Attorney (arrived 7:40 p.m,), 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 variance to rear yard setback requirement, 9000 40 1/2 Avenue North, Daniel Miller, petitioner. Mr. Curtis Jacobsen stated that the petitioner was requesting a IS-foot rear yard setback variance to allow an addition onto the existing house, currently aligned 15 feet from the property line. The property is located in an R-l single family zoning dish'ict and is surrounded by other single family homes. The lot area is 10,080 square feet. The existing house contains 1,280 square feet and garage 442 square feet. The proposed addition would be 251 square feet, bringing the total square footage of the home to 1,531. The building area would be 21 percent of the lot, paved area five percent, and green space would be 74 percent. The house and garage were originally built in 1966 facing 401/2 Avenue. The legal front of the lot is on Ensign A venue, which is the narrowest street frontage at 90 feet. By placing the house on the property facing 40 1/2 Avenue, the side yard is actually the legal rear yard, vvhich requires a 25-foot setback. The petitioner submitted a request to consh'uct an addition to the house that would extend along the current line of the garage and family room, which is 15 feet from the rear property line, thereby requiring a variance. Currently, the property's rear yard setback is legal non-conforming. Property owners within 350 feet of the site were notified and two adjacent property owners came to city hall to review the plans. Mr. Jacobsen stated that the purpose of a variance is to permit relief from the strict application of the terms of the Zoning Code to prevent undue hardships, allow the reasonable use of a parcel of property, and where circumstal1Ces are unique to the individual property and the granting of a varial1ce would be in keeping with tl1e spirit al1d intent of this code, The physical hardship was created by the original placement of the house, the hardship was not created by the owner but by a change in interpretation of the code, al1d the variance would not alter the character of the neighborhood. The Development Review Team al1d Design al1d Review Committee met to discuss the project al1d were supportive of the application. Mr. Jacobsen explained that the plal1 called for a family room addition of 251 square foot immediately behind the existing family room. A screened porch would also be constructed to the east of tl1e new family room addition. The plal1 called for matching siding and cedar soffit/fascia to blend with the existing home's exterior. The application is compliant with the Comprehensive Plan and the goals for the city. Staff recommended approval based on the findings of fact outlined in the planning report. Mr. Dan Miller, 9000 40 1/2 Avenue North, came forward to address the Commission. Chair Hemken asked when construction would begin and Mr. Miller responded that he planned to begin shortly after approval by the City Council. Commissioner Svendsen commended the petitioner on the project. No one in the audience wished to address the Commission. Motion by Commissioner Landy, seconded by Commissioner Svendsen, to close the public hearing on Planning Case 08-08. All voted in favor. Motion carried. Motion Item 4.1 Motion by Commissioner Houle, seconded by Commissioner Landy, to approve Planning Case 08-08, request for variance to rear yard setback requirement, 9000 40 1/2 Avenue North, Daniel Miller, petitioner. V oting in favor: Anderson, Brinkman, Crough, Hemken, Houle Hunten, Landy, Nirgude, Schmidt, Svendsen None Oelkers V oting against: Absent: Motion carried. Chair Hemken stated that this planning case would be considered by the City Council at its meeting on July 28 and asked that the petitioner attend that meeting. Planning Case 08-09 Item 4.2 Chair Hemken introduced Item 4.2, request for conditional use permit amendment to add a memorial garden al1d columbarium to the church property, 3900 Wilmetka Avenue North, Holy Nativity Lutheran Church, petitioner. Plalming Commission Meeting 2 July 8, 2008 Mr. Eric Weiss stated that petitioner was requesting a conditional use permit amendment to add a memorial garden and columbaria to the church property. The property is located in an R-O residential-office zoning district and is surrounded by single family to the west, industrial uses to the north al1d east, and a cemetery in tl1e city of Crystal to the south. The lot is approximately 3.87 acres in size. The church use is allowed in an R-O district by conditional use permit. The City Council approved a CUP for the church use in 1989 and al1 expal1sion took place in 2002. A day care also operates on the site. An amendment to the CUP is being requested to consh'uct the memorial garden al1d columbarium walls. The proposed memorial garden would be located to the southeast of the church al1d would measure 30 feet in diameter for a total of 705 square feet. Initially, three columbarium walls would be consh'ucted, four feet wide by six feet high by 1.5 feet deep. The garden would have the capacity to hold three additional walls in the future. Each columbarium wall will hold 40 niches for the cremated remains. The niches would be leased long term, with the option to remove the cremains. Mr. Weiss explained that the church submitted information explaining the lal1d use, cost, and personal and safety benefits of the columbaria and garden. Also submitted was a "Columbarium and Memorial Garden Policies" document, outlining the mal1agement plans, purchase and use requirements, title al1d rights, and removal of interned cremains. This is the first proposal of this kind in the city and staff determined it was best to process the request as a CUP amendment. Property owners within 350 feet of the site were notified and the city did not receive any comments. Mr. Weiss explained that the purpose of a conditional use permit was to provide the city with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety of the community. The city may consider the nature of the adjoining lal1d or buildings, similar uses, and the effect upon traffic. Additional criteria include: compatibility with the comprehensive plan, no depreciation in value, traffic is channeled onto thoroughfares not minor residential streets, proposed use is separated by distalKe or screening from residential uses, and appearance will not have an adverse effect upon adjacent residential uses. Staff determined that the application would be processed as an amendment to the current CUP and allowed as a landscaping improvement. The Development Review Team and Design and Review Committee were supportive of the project. Discussion items included ownership of the niches, al1 action plan if the church relocated or dissolved, and potential security/ vandalism issues. Mr. Weiss explained that the memorial garden would include tlu'ee columbarium walls, garden, seating area, retaining wall, and art work. It would be placed on the south side of the property near the southeast church entrance. The garden would be set back 10 feet from the southern property line. No additional parking spaces would be required. It would be built into Planning Commission Meeting ,., ;) July 8, 2008 the hill in existing green space and require a retaining wall. The church plal1s included a limestone wall three to eight feet tall with a fence placed behind the wall. The memorial walls would be constructed of granite, marble, brick or stone. The garden would include benches, paved area, and perennial garden. Recessed lighting would be placed in the ground. Interested parties Cal1 purchase a full niche, half niche, or space in a community niche. The cost covers original right of use, cremain inunm1ent, perpetual care of the unit, garden and site materials. Niche grantee or other designated individual would be permitted the option to remove the cremains at al1Y time, with refund, less 20 percent of the original purchase price and cost to replace the front identification panel. No ownership rights are conveyed to niche purchasers. If Holy Nativity were to relocate, the columbarium walls would relocate with the church. If the church were to cease to exist, arrangements would be made to relocate the columbaria. Staff requested additional information on tl1e course of action if the church were to dissolve. Mr. Weiss reported that staff was recommending approval of the CUP amendment subject to the conditions in the planning report. Chair Hemken questioned what would happen if the church dissolved and there were no funds to move the columbaria. Mr. Dale Emter, a member of Holy Nativity Lutheran Church, 3900 Winnetka Avenue, came forward to al1SWer questions. Mr. Emter stated that through a financial analysis this endeavor should be a source of income and profitable endeavor for the church. The church should break even after approximately 40 niches are sold. An endowment fund would possibly be established after that time to provide for the maintenance of the columbarium site. In the event of disbandment, those funds would be available to purchase new columbarium niches elsewhere. The church would try to locate next of kin to see if they wanted to relocate or take the cremains back. Chair Hemken stressed that the church should put in writing tl1at a certain amount of dollars would be put into a fund. Commissioner Landy wondered if the niches would fall under the state guidelines of perpetual funds for cemeteries and Mr. Emter answered no. Cemeteries must set aside funds for perpetual use, however, it was determined that the difference between cemetery plots and the niches may be that the niches are leased instead of bought. The church would be the owner of the property, and money would be set aside for upkeep of the property. Mr. Emter pointed out that the church would be celebrating its 50 year anniversary this year and had significant assets available in the property and felt funds would be available, if needed. Commissioner Hunten stated she was concerned with the possibility of the cremains being moved to al10ther location when relatives could not be found. She also asked what the $1,250 payment covered. Mr. Emter stated that the fee covered the cost of the construction for the project, the operation of the site, and putting the urn in the niche. Hunten questioned whether or not there was an additional fee if the wall was moved. Mr. Emter responded that when the church was developing the policies, they considered naming a PlalU1ing Commission Meeting 4 July 8, 2008 place where the cremains would go if relatives could not be found, but decided not to cl100se a relocation site because of the uncertainty of the status of that site in the future. A committee would be established to deal with issues for the life of tl1e columbarium al1d would have authority over what would be done in those situations. Hunten was concerned that a lease could terminate and questioned if it was a perpetual lease. Mr. Jacobsen stated that at the Design and Review Committee meeting, the lease arrangement and documentation were discussed al1d staff and the committee were satisfied with the information provided. A condition of approval was added that the documentation be reviewed by the city attorney. Chair Hemken wondered how security would be hal1dled. Mr. Emter stated that the church did not feel there would be a security concern. The site was selected because of its serenity al1d obscurity from the public eye. The memorial garden would be located on the south side of the parking lot and close to the church entrance al1d be visible once in the parking lot. The garden is not readily visible from the street. The site is fairly well lit from the parking lot. The niches have tamper resistant screws on tl1em. There is usually activity at the church in the evenings until nine or 10 o'clock. Commissioner Houle initiated discussion on the columbarium companies. Mr. Emter replied that the church had interviewed three industry providers, Homecoming, Inc., Eickhof Columbaria, Inc., and Infinity Memorial Systems. Each COmpal1Y has its own unique manufacturing process. All of the compal1ies were concerned with the security issue. Some companies build the wall and some provide the niches for a wall provided by the church, At this time, the church had not chosen a company. Houle questioned whether Holy Nativity had written the inurnment agreement or if the information had been received from the companies. Pastor David Moen, senior pastor of Holy Nativity, came forward and stated Holy Nativity's document was adapted from documents provided by the columbarium companies and St. Barnabus Lutheran Church in Plymouth, who has a columbarium on site. Commissioner Landv confirmed that a full niche held two urns and a half ~ niche was for one urn. Commissioner Schmidt stated he was supportive of the concept. However, he was apprehensive of the disaster scenario. Chair Hemken interjected that the city attorney would be reviewing the documents prior to consideration by the City Council. Commissioner Hunten wondered whether this was a new trend whereby other churches would be looking at this as a money maker. Pastor Moen stated that this was a service to the community and not intended as a money maker for the church. He added that according to mortuary staff, 30 to 40 percent of the burials now are cremation. Many churches do not have cemetery properties and the columbaria were a service as congregations mature and have more senior members. Chair Hemken asked if anyone in the audience wished to address the Commission. Plam1ing Commission Meeting 5 July 8, 2008 Mr. Cal Boomer, Twin Cities Hardware owner, stated that he visited cemeteries in Buenos Aires and in Uruguay which had very specific rules al1d wondered if Holy Nativity had done al1Y research on the internet. Pastor Moen indicated tl1e church had not done al1Y internet research to that extent and added that it would not be possible to maluge security 24/7. No one else was as in the audience to address the Commission. Commissioner Anderson pointed out that Gethsemane Cemetery consh'ucted a mausoleum several years ago. Those niches were for purchase. Pastor Moen stated that the church would not be giving title to niche lessees; the property would always remain with the church. Commissioner Landy commented that the state requires perpehlal funds to be put aside in an endowment for maintenalKe. Pastor Moen confirmed that there would be a separate account for this use. Mr. Jacobsen stated that this church was still growing and could outgrow this site al1d move to a new location. The church wal1ted a lease arrangement rather than others having ownership of the property. This would make it easier to have the walls moved with the church if it relocated or if the property was sold. Landy stated that the church had been in the city for a long time and was a good neighbor to the community. Motion by Commissioner Landy, seconded by Commissioner Sclunidt, to close the public hearing on Planning Case 08-09. All voted in favor. Motion carried. Chair Hemken questioned whether or not the grading plan had been reviewed. Mr. Jason Quisberg responded that he reviewed the plan and it didn't appear to impede any of the nahlral flows in the area. The garden site would be constructed into the hill and would be graded as to direct the water awav from it. " Discussion ensued on a drainage pipe under the sidewalk at the southeast entrance. Chair Hemken commented tlut the city attorney would be reviewing the documents related to the columbarium site prior to the City Council meeting. Motion Item 4.2 Motion by Commissioner Schmidt, seconded by Commissioner Landy, to approve Planning Case 08-09, request for conditional use permit amendment to add a memorial garden and columbarium to the church property, 3900 Winnetka Avenue North, Holy Nativity Lutheran Church, petitioner, subject to the following conditions: 1. Review and approval of the Columbarium and Memorial Garden Policy document by the city attorney with specific attention to administrative and financial responsibilities should the church disband. Planning Commission Meeting 6 July 8, 2008 2. Review and approval of the grading plan by the city engineer. Voting against: Absent: Motion carried. Anderson, Brinkman, Crough, Hemken, Houle, Hunten, Lal1dy, Nirgude, Schmidt, Svendsen None Oelkers Voting in favor: Chair Hemken stated that this planning case would be considered by the City Council at its meeting on July 28 and asked that the petitioner attend that meeting. Planning Case 08-10 Item 4.3 Chair Hemken introduced Item 4.3, request for site and building plal1 review for a large building expansion al1d vacation of public utility easement through the property, 5650 International Parkway, Twin City Hardware, petitioner. Mr. Eric Weiss stated that the petitioner was requesting site and building plal1 review for a large building expansion and vacation of public utility easement through the property. The site is located in the northern industrial park and is zoned indush'ial with industrial uses to the north, south and west. The city's Victory Park is located to the east. The site area contains 112,170 square feet or 2.58 acres. The existing building contains 12,100 square feet; the proposed addition would include 4,200 square feet of office and 18,800 square feet of warehouse space for a total of 23,000 square feet. The finished building would contain 35,100 square feet. Lot area ratios would include: 40 percent green space, 31 percent building area, and 29 percent paved, One additional truck loading bay would be included with the expansion, as well as an expanded parking lot, improved landscaping and a new storm sewer pipe and easement. Twin City Hardware is a supplier of doors, hardware and security needs, has been located in New Hope for several years, and has outgrown it current facility. Mr. Weiss explained that the building materials and construction type would match the existing. Exterior walls would be precast concrete double tee tilt- up panels with a structural steel roof structure al1d rubber membrane roofing system. The building expansion would require rerouting the existing 24-inch diameter storm sewer line which is located in the proposed facility expansion area. The current 20-foot wide easement must be vacated and a new easement created for rerouted storm sewer line around the building. Property owners within 350 feet were notified and the city did not receive any comments, Per city code, staff recommended formal review of this proposal due to the large building addition which was anticipated to change the parking and traffic demands of the site. The Development Review Team and Design and Review Committee considered the application al1d were generally supportive of the request, however, requested additional information including ventilation for h'ucks stored inside, truck circulation plan, use of new and old space, revised elevation plan, redirect catch basin to treatment device, and 32- Plalming Commission Meeting 7 July 8, 2008 foot curb cut. Revised plal1s were submitted as a result of those meetings. Mr. Weiss explained that the project was compliant with all setback and lot area requirements. The new space would be used for commercial purposes and the older portion would be utilized for residential hardware purposes. Code requires 38 parking spaces al1d 42 spaces are provided including three hal1dicapped spaces. Four parking spaces were removed on the north side of the property, per staff recommendation. Revised plans indicated an altered storm sewer system on site. The circulation plan shows the parking lot is large enough for semi h'ucks. Due to site restrictions, only one loading dock may be available for use at a time. The applicant should submit information on truck stacking. Snow storage would be accommodated in the landscaped area along the south edge of tl1e parking lot. Four pole mounted lights were shown on the photometric plan, which are complial1t with code. A large area of the parking lot is dimly lit al1d additional pedestrian lighting should be included that is consistent with tl1e Design Guidelines. Trash al1d recycling would be housed in an existing cedar enclosure along the south wall of the existing building. The air conditioning equipment would be housed in the rear yard along the south wall of the addition and would be screened from view by lal1dscaping. No rooftop equipment was included. New trees are proposed along the southwest and west property lines. Small bushes are also included along the south wall of the addition. Staff recommended four maples along the west be moved south of the utility easement. The building addition was designed to match the existing building, including precast concrete panels. An entrance awning was shown on the plans, per Design Guidelines. No additional signage was proposed. The Design and Review Committee suggested directional signage to direct customers to commercial and residential spaces. The fire department requested additional information on the fire department connection, location of hydrants, fire department lock box, and arrangement of warehouse space. Mr. Weiss reported there was an existing 20-foot easement rulming east and west through the center of the property. The portion of the easement in the area of the expansion would need to be vacated by the City Council and a new easement around the building dedicated. The new north/south pipe was moved to the east onto city park property so no easement would be required for that portion of the pipe. The plans included the city engineer's recommendation for a structural treahnent device to treat runoff prior to being discharged into the public system. Grading work would need to be completed in the expansion area where the ground slopes to the east. Final grading and utility plans would be subject to approval by the city engineer. [vir. Weiss added that the project met the goals of the Comprehensive Plan and Design Guidelines. Staff recommended approval of the site and building plan review al1d vacation of the utility easement subject to the conditions listed in the planning report. Commissioner Crough clarified that pick up trucks would be parked inside the building at the north enh'ance and a ventilation system had been Planning Commission Meeting 8 July 8, 200S provided. He also clarified that the whole building would be sprinklered. Commissioner Nirgude added that customers would utilize the north entralKe al1d park inside the building when they pick up materials. Mr. Cal Boomer, co-owner of Twin City Hardware, came forward to answer questions of the Commission. Mr. Boomer stated that they had 120,000 square feet of welding shop, warehouse al1d office in Oakdale al1d most of the large delivery trucks come to that location. They buy materials in the largest volume possible with most of it delivered to Oakdale. The product is then split up among the stores al1d hauled in smaller trucks to the other locations. In answer to a question regarding additional traffic at the site, Mr. Boomer stated approximately 20 percent of sales was picked up. Most of the merchandise sold was shipped direct from the warehouse. They have 38 national accounts, including Target, Best Buy, Chipotle Grills, and Gander Mountain. The New Hope location stocks wood doors and hollow metal frames and receives materials approximately once a month in two trucks. It v,Tould be very rare that the trucks would arrive at the same time. They wal1ted two loading docks so that they could take materials directly into the new warehouse rather than have to h'uck it through the doors that will be installed in the wall between the old and new portions. The expansion plans were designed so that customers/contractors could pull their vehicles inside to load. Sometimes, in winter, they park COmpal1Y trucks inside at night when it is very cold outside. This expanded facility should accommodate their business for another 10 to 12 years, after which time they would need to move into a larger facility. Commissioner Svendsen inquired of the landscaping on the north side. Mr. Boomer stated that ash trees were in that area. He indicated he would remove the basswood trees and plant something new. Svendsen stated he would agree on a one-for-one tree replacement. Mr. Quisberg, city engineer, stated that due to the topography of the site a sh'uctural treatment device could be constructed in lieu of a pond and would provide the same 'water quality benefits as a pond. The impervious area would be increasing significantly. Per code, the on-site ponding would only be required for the additional impervious. In this situation and given the topography, all of the site runoff would be directed to this treatment device, including the existing. Commissioner Svendsen confirmed that the mechanical room and fire department connections would be in the old portion of the building. No one was in the audience to address the Commission. Motion by Commissioner Landy, seconded by Commissioner Svendsen, to close the public hearing on Planning Case 08-10. All voted in favor. Motion carried. Commissioner Svendsen clarified that the residential products would be housed in the existing building and the commercial products would be placed in the new addition. The showrooms would be in the area of the Plalming Commission Meeting 9 July 8, 2008 current offices. Signage would be placed on the building directing residential and commercial customers to the proper entrance. Motion Item 4.3 Motion by Commissioner Houle, seconded by Commissioner Landy, to approve Planning Case 08-10, request for site and building plan review for a large building expansion and vacation of public utility easement through the property, 5650 International Parkway, Twin City Hardware, petitioner, subject to the following conditions: 1. The applicant shall identify areas for stacking of trucks, should both loading docks be in use. 2. The four Norway maples illustrated on the landscape plan shall be shifted to the south of the utility easement to provide improved landscape screening from the east. 3. A 20-foot utility easement shall be described as shown on the plans. The description shall include a north/south connection on the city's park property, connecting the existing east/west extension. Unused easement shall be vacated by the City Council. 4. Directional signage shall be added to the site to direct customers to the appropriate entrance. 5. Final grading and utility plans are subject to approval by the city engineer. 6. Additional lighting shall be included to illuminate dark or dimly lit areas of the parking lot and pedestrian walkways. 7. Comply with West Metro Fire-Rescue District recommendations (June 11,2008). 8. Tree replacement on a one-to-one basis. V oting in favor: Anderson, Brinkman, Crough, Hemken, Houle, Hunten, Landy, Nirgude, SclU11idt, Svendsen None Oelkers Voting against: Absent: Motion carried. Chair Hemken stated that this planning case would be considered by the City Council at its meeting on July 28 and asked the petitioner to be in attendance. Planning Case 08-05 Item 4.4 Chair Hemken introduced Item 4.4, request for conditional use permit to allow an independent living with services arrangement in an existing 11-unit apartment building, 2730 WilU1etka Avenue North, Nnelma Dinney, TotalCare Assisted Living Services, LLC, petitioner. Mr. Curtis Jacobsen stated that the petitioner was requesting a conditional use permit to allow the conversion of an 11-unit aparh11ent building into a 10-unit independent living with services facility. The property is located in an R-B residential business zoning district with an R-B property to the north (office building), R-4 high density residential to the east, R-l single family residential to the northeast, and C-B community business (Midland Shopping Center) to the west across Winnetka Avenue. The site area contains 22,231 square feet. The building is three levels with 2,743 square feet per level. Lot area ratios include: building 12 percent, paved and green area approximately Planning Commission Meeting 10 July 8, 2008 44 percent each. The site currently provides 17 parking spaces. An easement would be necessary from the owner to accommodate a new drainage easement associated with the Terra Linda drainage project later this year. The ll-unit apartrnent building has fallen into disrepair and needs attention to the building, grounds, and parking lot. The petitioner proposed purchasing the property and making tl1e necessary repairs. Mr. Jacobsen explained that TotalCare Assisted Living Services offers the only program in the Twin Cities operated by a pharmacist with a specific focus on chronic disease management, al1d emphasizes achieving independent living through the best use of medicines. The petitioner had worked with veteran populations on mental health, emergency and medication management for chronic disease, congestive heart failure, diabetes, and post traumatic stress syndrome. The program would provide assisted living services for individuals over 18 years of age who are medically disabled due to chronic illness. Most clients are 45 to 55 years of age or older. The following services would be provided: 24-hour oversight and social activities, tlu'ee meals per day plus snack, 24-hour emergency pull cord response system, assistance with medications and bathing, light housekeeping, weekly laundry, transportation, and assistance finding work or volunteer opportunities. Properties within 350 feet were notified al1d staff had not received any negative feedback. The owners of the shopping center to the west contacted staff seeking more information on the project; they had no comment either for or against. Mr. Jacobsen stated that the city was processing this application as a conditional use permit to allow a long term care facility in the R-B zoning district. All state laws and permits must be strictly adhered to and all required permits must be obtained. The Development Review Team and Design al1d Review Committee discussed the request and were generally supportive but stressed the need to complete all building, fire and site improvements prior to occupancy. Areas requiring modification include major repairs to pavement, sh'iping of parking stalls including one handicapped space, landscaping maintenance, provide lighting plal1 showing compliance with light trespass and security, replace/relocate trash enclosure, relocate storage building, general site maintenance, and maintain existing easement. Mr. Jacobsen reiterated that the proposed reuse of the property would be a significant upgrade to the current use. Safety feahlres such as sprinkler system and doors/hallways that meet the fire code are a positive step in the reuse of the property. Staff recommended approval subject to the conditions listed in the planning report. Commissioner Houle pointed out that code required one parking space per unit plus one space for each employee on the largest shift (two employees on afternoon/evening shift) or 12 spaces. One space would be needed for the van used to transport clients. Seventeen spaces are provided on site. Planning Commission Meeting 11 July 8, 2008 Commissioner Hunten questioned whether all aparhnents would contain a kitchen and if clients would be eating meals provided by staff. Mr. Jacobsen stated that clients could cook for themselves or have meals served to them. Part of the plan would be to convert the kitcl1en in the office unit to a commercial kitchen, if required. Commissioner Crough asked about tl1e storm sewer al1d Mr. Jacobsen stated that the petitioner and current owner were agreeable to entering into an utility easement with the city for the drainage. Commissioner Svendsen clarified that the building is three stories with the lower level units partially below grade. Ms. NnelU1a Dirmey, CEO of TotalCare Assisted Living Services, 8906 177th Street, Lakeville, came forward to answer questions of the Commission. Chair Hemken asked for a definition of independent living with services. Ms. Dilmey stated that Hennepin County now defines assisted living as customized living. A new idea from the state of Minnesota was to rebalance money spent for nursing home care to community services. Many clients, who do not need skilled nursing care, could move from costly nursing homes to less expensive customized living arral1gements, and live independently with some supervision such as medication reminders, meal preparation, housekeeping, laundry, et cetera. This is not a group home, due to the fact that eacl1 client has an aparhnent. Chair Hemken wondered where the current residents of the apartment building would go. Ms. Dilmey stated that the leases with the current owner are on a month-to-month basis. Approximately five of the apartments are now vacant. The rest of the tenants could be notified to vacate with proper notice. Some of those residents are already plalming on moving after hearing of the proposed change in use. Commissioner Brinkman inquired whether or not an elevator was in the building and Ms. Dinney replied that there was no elevator. All clients would be mobile and able to walk up and down the stairs. There would be no need for handicap access. There would be one client per apartment, for a total of 10 residents, which complies with the contract for independent living. Discussion ensued regarding the rent payment for the units. Ms. DilU1ey explained that there are two types of funding available: one would pay for the services and another paid for the rent. A question was raised whether there were other facilities such as this in the Twin Cities. Ms. Dinney stated there are many in the cities, including Touchstone at 7376 Bass Lake Road in New Hope. That facility was established years ago and has two people per unit. Now the county prefered that individuals live independently in one-bedroom units. Commissioner Brinkmal1 inquired of staffing on site. Ms. Dilmey responded Planning Commission Meeting 12 July 8,2008 that tl1e number of staff depends on the type of clients in the building. Generally, during the peak hours in the morning, one staff person was sufficient, and in the evening when cooking meals, two people may be on staff, witl1 some overlap during shift changes. Commissioner Svendsen wondered which unit was for the caretakers and the answer was Unit #1 on the garden level on the east side of the building. The garden level units are down a half-flight of stairs from the front door. Commissioner Svendsen questioned who would be available to dispense medicines from the locked cabinet. Ms. Dim1ey stated that nurse's aides would be on staff al1d were licensed to dispense medicine. Some of the clients just needed to be reminded to take medication. Commissioner Nirgude wondered whether visitors and family members had restricted hours al1d if there was any special place to meet with the clients. Family members could visit with the residents until 9 p.m. in the community room. Commissioner Landy pointed out the condition of the property al1d asked whether the petitioner was comfortable with all of the improvements. In response to Commissioner Anderson's question regarding property maintenance and the general contractor, Ms. Dinney stated that Duane North would be completing the renovations. Commissioner Brinkman wondered if other facilities are the same size and Ms. Dirmey stated that this facility would be smaller thal1 some in the cities, which house 14 to 18 clients. Chair Hemken commented that the city inspects, ammally, all properties where a conditional use permit had been approved. City Attorney Sondrall interjected that a CUP could be checked every day. The applicant must comply with the conditions of the CUP. Commissioner Svendsen reminded the petitioner that their Certificate of Regish'ation for Housing With Services was near the expiration date and it was confirmed that the license had been renewed. Commissioner Svendsen pointed out that the applicant's narrative indicated that a bed and breakfast facility with fewer thal1 10 residents did not need to have a commercial kitchen. This facility would have 10 residents plus staff. Ms. Dilmey stated that 10 clients or less was code for having a commercial kitchen. Staff was not included in the count. Commissioner Nirgude thanked the petitioner for providing information requested at the Design and Review Committee meeting. Chair Hemken questioned whether or not Ms. Dinney planned on doing any other landscaping on the property and she indicated that may happen as the business stabilized. She would try to beautify the building first. Commissioner Nirgude confirmed that Ms. Dirmey was going into this venhlre with a long-term commitment. Plalming Commission Meeting 13 July 8,2008 No one was in the audience to address the Commission. Motion by Commissioner Landy, seconded by Commissioner Svendsen, to close the public hearing on Planning Case 08-05. All voted in favor. Motion carried. Commissioner Houle wondered whether the list of deficiencies from the building official was included in the conditions of approval. Mr. Jacobsen stated that the initial code compliance inspection was done and those correction orders must be completed. The list was provided to the owner and the applical1t so they could determine who would be completing those items. Commissioners suggested an additional condition that "corrective action is taken prior to occupancy of the building" and amend condition number 1 to read "The building shall be improved to meet all current fire regulations and building codes. All building plans shall be reviewed and approved by the fire chief and building official." Motion Item 4.3 Motion by Commissioner Houle, seconded by Commissioner Landy, to approve Planning Case 08-05, request for conditional use permit to allow an independent living with services arrangement in an existing ll-unit apartment building, 2730 Winnetka Avenue North, Nnenna Dinney, TotalCare Assisted Living Services, LLC, petitioner, subject to the following conditions: 1. The building shall be improved to meet all current fire regulations and building codes. All building plans shall be reviewed and approved by the fire chief and building official. 2. A pest elimination plan shall be submitted and approved by the building inspector. 3. The kitchen plan shall be approved by the State Department of Health and result in a food license from the department. 4. A televised sewer inspection shall be conducted. The results shall be reviewed by city staff. Any corrective measures recommended by staff shall be completed by applicant. 5. Property shall be inspected for the presence of mold. If mold exists, a hazard mitigation plan shall be completed showing how the mold will be removed. The plan shall also document how existing asbestos materials will be removed and disposed of. 6. A heating system safety check shall be completed and be approved by the building inspector. 7. A lighting plan shall be submitted showing the location of all exterior fixtures along with a photometric evaluation. Plan shall include a description of all proposed fixtures. Plan shall demonstrate compliance with both light trespass and security standards. 8. Parking lot shall be resurfaced and parking spaces striped. A handicapped space shall be located near front door. 9. A plan shall be submitted showing the design and materials proposed for the trash enclosure. Plan shall be reviewed and approved by city staff. 10. Property shall be cleaned of trash and landscaping shall be trimmed Plalming Commission Meeting 14 July 8, 200S Design and Review Committee Item 5.1 Codes and Standards Committee Item 5.2 OLD BUSINESS Miscellaneous Issues NEW BUSINESS Plalming Commission Meeting and approved by staff. 11. Annual inspection by city staff for CUP compliance. 12. Repairs outlined by building inspector to be completed prior to occupancy. Voting in favor: Anderson, Brinkman, Crough, Hemken, Houle, Hunten, Landy, Nirgude, Sclm1idt, Svendsen None Oelkers Voting against: Absent: Motion carried. Chair Hemken stated that this plalming case would be considered by the City Council at its meeting on July 28 and asked the petitioner to be in attendance. The Commission thal1ked Ms. DilU1ey for her work in this field. Commissioner Svendsen reported that the Design and Review Committee met in June to review the projects discussed at this meeting. Mr. Jacobsen added that one pre-application meeting had been conducted for a lot split, which may move forward for the August Plalming Commission meeting. The committee would be contacted if a meeting would be necessary on July 17. Chair Hemken stated that the Codes al1d Standards Committee did not meet in June. A question was raised as to the status of 3965 Wirmetka. Mr. Jacobsen stated that the developer was still trying to find a lender to work with him on the project. Mr. Jacobsen gave an update on the Holiday Stations tore project and stated that construction plans had been submitted, The EDA would be considering the loan agreement at its meeting at the end of July. The Comprehensive Plal1 was in the six-month review period. New Hope's plan had been sent to surrounding cities for review. Mr. Jacobsen offered a brief update on the City Center project. The developer continued to meet with staff and the financial consultant to try to make the project work. An update was given on the Bass Lake Road Apartment site. All the buildings have been demolished. The bihlminous would be ground and hauled off site, and then the site would be graded al1d hydro-seeded. Commissioner Schmidt initiated discussion on the rear yard variance requests for legal non-conforming properties and possibly allowing administrative approval. Mr. Jacobsen stated that due to the description for the legal front of the lot and because a variance was required there was no way to circumvent the public hearing process. Mr. Sondrall stated that the issue revolved around the definition of a side yard or front yard al1d the placement of the house on the property when it was constructed years ago. 15 July 8, 200S Commissioner Houle initiated discussion on the signage placed in yards by roofing contractors after the hail storm and stated he felt the signs were beneficial in keeping many door knockers away. He suggested that the city develop a policy for staff to follow in these situations. Mr. Jacobsen offered input from the building department's perspective. After a major storm, many out-of-state contractors come into the area that are not familiar with al1Y of the state's regulations, and staff spends a great deal of time educating these contractors. Sondrall added that the Council indicated staff should move the signs to make them legal and rela-'( enforcement of the city code. Mr. Jacobsen stressed that the City Council recently adopted a new sign code that stated signs should be placed 10 feet behind the curb or behind the sidewalk. Staff was enforcing this uniformly throughout the city. After contacting the roofing contractors al1d receiving assurances that the signs would be placed correctly, the next day signs were again placed next to the curb and at the comers. Staff understands that residents were inundated with the door knockers; however, staff was h-ying to enforce the new sign code as it was written and keep the signs out of the boulevard area. The code does allow contractors to put signs on private property for a period of 10 days. Once a permit is issued, the sign is allowed in the yard until the job is completed. Mr. Jacobsen reiterated that it was the job of the inspectors to enforce the ordinance that was approved by the Plarming Commission and City Council. He added that there had not been any complaints since the Council recommended relaxing the standard for placing roofing/siding contractor signs. Staff would be following the same policy for storm damage situations in the future. Discussion ensued on the pros and cons of a solicitor's license where the contractors have to apply for, pay for, and go through a background check. Mr. Sondrall added that solicitor's licenses were not very enforceable al1d easily challenged. He also stated that it was a discrimination and freedom of speech issue. Sondrall indicated he was more in favor of establishing a policy. Motion to Approve Minutes Motion by Commissioner Svendsen, seconded by Commissioner Landy, to approve the Planning Commission minutes of May 6, 2008. All voted in favor. Motion carried. ANNOUNCEMENTS Mr. Weiss stated that nominations were due on July 31 for the Residential Property Recognition Program award and the Outstanding Business Program award. Volunteers would be needed to judge the residential program nominations in August. The next Planning Commission meeting would be held on Wednesday, August 6, due to National Night Out activities on Tuesday. ADJOURNMENT The Planning Commission meeting was unal1imously adjourned at 8:58 p.m. Respectfully submitted, c;;p~ ..s;~ Pamela Sylvester, Recording Secretary Planning Commission Meeting 16 July 8, 2008