Hope House CUP Staff Report
Project: Conditional Use Permit and Site Plan Review Application for Open Hands Foundation’s
Expansion of the Hope House (Planning Case 2024-16)
Planning Commission Review Date: September 17, 2024
City Council Review Date: September 23, 2024
60 Day Action Deadline: October 1, 2024
Drafted By: Rachel Jeske, Planner
Eric Maass, Community Development Director
Joe Seidl, Water Resources Engineer
Erik Henricksen, Project Engineer
Staff Report Date: September 13, 2024
SUMMARY OF REQUEST:
The applicant is requesting a Conditional Use Permit and site plan approval for a group home with a
capacity up to 16 persons. This proposal encompasses a 5,100 square foot addition to an existing 2,800
square foot group home with a capacity up to six persons.
STAFF RECOMMENDATION:
Staff recommends approval of the requested Conditional Use Permit and Site Plan subject to the
conditions listed in the staff report .
PROPOSED MOTIONS:
“The Chanhassen Planning Commission recommends the City Council approves the Conditional Use
Permit with the conditions as presented and the site plan for the construction of a group home with a
capacity up 16 persons located at 3010 W 78th Street, Excelsior, MN and adopts the attached Findings
of Fact and decision.”
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LOCATION: 3010 78th Street, Excelsior, MN 55331 (Subject Property)
APPLICANT/OWNER: Open Hands Foundation & Westwood Church
CURRENT ZONING: Rural Residential (RR)
2040 LAND USE PLAN: Residential Low Density
ACREAGE: 1.06 Acres
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city’s discretion in approving or denying a site plan is limited to whether or not the proposed project
complies with Zoning Ordinance requirements. If it meets these standards, the city must then approve
the site plan. This is a quasi-judicial decision.
The city has limited discretion in approving or denying conditional use permits, based on whether or not
the proposal meets the conditional use permit standards outlined in the Zoning Ordinance. If the city
finds that all the applicable conditional use per mit standards are met, the permit must be approved.
This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 0.25 miles.
APPLICABLE REGULATIONS
Chapter 20, Division 20-IV-2, Conditional Use Permits.
Chapter 20, Division 20-IV-3, Section 20-261 Group Homes
Chapter 20, Article 20-XI, “RR” Rural Residential District
BACKGROUND
The property is located on the northwest corner of Highway 41 and West 78th Street. The property is run
by the Open Hands Foundation, which is a nonprofit organization established by Westwood Community
Church. Open Hands Foundation has run a permitted group home called the Hope House on this site
since 2015. Hope House is the only 24/7/356 emergency teen shelter in the southwest metro but can
currently only serve up to six teens at a time. Hope House is requesting a Conditional Use Permit and
building expansion which would allow them to serve up to 16 youth at a time. The goal of this expansion
is to serve more youth in the community, as Hope House is currently turning away nearly twice as many
youths as they are serving due to their maximum capacity.
GENERAL CONDITIONAL USE PERMIT AND SITE PLAN
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The applicant is requesting a Conditional Use Permit and a Site Plan Review to construct a group home
with a capacity of up to 16 persons. The city’s Zoning Ordinance allows group homes for up to 16 persons
in the Rural Residential District (RR) subject to the approval of a Conditional Use Permit by the City
Council. In reviewing conditional use permit requests, the Planning Commission must consider possible
adverse effects of the use. The city requires that all conditional uses meet the following issuance
standards:
a) Will not be detrimental to or endanger the public health, safety, comfort, convenience , or general
welfare of the neighborhood or the city.
b) Will be consistent with the objectives of the city's comprehensive plan and this chapter.
c) Will be designed, constructed, operated, and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the essential
character of that area.
d) Will not be hazardous or disturbing to existing or planned neighboring uses.
e) Will be served adequately by essential public facilities and services, including streets, police and
fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or
will be served adequately by such facilities and services provided by the persons or agencies
responsible for the establishment of the proposed use.
f) Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
g) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that
will be detrimental to any persons, property, or the general welfare due to excessive production
of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
h) Will have vehicular approaches to the property that do not create traffic congestion or interfere
with traffic or surrounding public thoroughfares.
i) Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
j) Will be aesthetically compatible with the area.
k) Will not depreciate surrounding property values.
l) Will meet standards prescribed for certain uses as provided in this article.
The following constitutes our findings:
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The expansion of an existing group home at this location should not be injurious to the use and
enjoyment of surrounding property or substantially diminish property values, as the proposed site
includes significant screening and matches the aesthetics of the surrounding single-family
neighborhoods. This project is consistent with the objectives of the comprehensive plan which guides
this property for low-density residential. Further, the proposed development should not endanger the
public health or safety if the conditions attached to the permit and building code requirements are
adhered to.
No additional traffic congestion will be generated by this project as access will continue to be a right-in
and right-out and there is not anticipated to be an increase in vehicle traffic.
Staff approval has already been given for a planned extension of utilities to the Hope House site as well
as the demolition of the existing septic system. This site will be adequately served by public facilities and
services.
Prior to approval, landscaping and stormwater management plans shall be updated to meet all staff
conditions. By meeting these requirements, natural aspects of the site will be maintained and no impacts
will be made on surrounding properties.
ARCHITECTURE
The Chanhassen City Code does not have architectural design standards for single-family residential
zoning districts. This project is subject to the design requirements of site plan and conditional use permit
approval. Site plan approval requires that “Materials, textures, colors and details of construction as an
expression of the design concept and the compatibility of the same with adjacent and neighboring
structures and uses.” The design standard for group homes as a conditional use requires “Will be
designed, constructed, operated and maintained so to be compatible in appearance with the existing or
intended character of the general vicinity and will not change the essential character of that area .”
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The proposed building expansion is planned to match the character of the original Hope House, which
runs out of a converted single-family home. The expansion mimics this style through the use of matching
siding, a pitched roof, a covered front stoop, a rear walk-out area, and consistent use of windows on all
exterior elevations.
A complete list of building materials and colors must be provided to staff to verify compatibility with the
existing building and the surrounding neighborhood.
PARKING
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City Code does not explicitly list parking requirements for group homes. Staff finds the most comparable
use to be a hospital or nursing home, therefore this project will have to comply with the standard of one
parking space for every two beds, plus one space for each employee on the largest single shift. The
issuance of the Conditional Use Permit would allow up to 16 beds and there are 2 employees on the
largest shift, therefore 10 parking stalls are required by City Code. This project proposes 13 parking stalls
which exceeds the required amount.
A circular driveway is planned around the building expansion for staff, client, and fire access. The
driveway and parking improvements proposed for this project are not located entirely on the subject
property. Approvals shall be conditioned on a lot line adjustment between 3010 W 78th Street (Hope
House) and 3120 Westwood Drive (Westwood Church) to ensure that all improvements are occurring on
the subject property.
LANDSCAPING
An existing tree inventory and landscaping plan was provided with the plan set. A detailed tree removal
plan will need to be provided to verify that the replanting requirements are being met.
The plant schedule must be updated to meet the city’s diversity requirements. No more than ten percent
of the trees may be from any one tree species, no more than 20 percent of the trees may be from any
one genus, and no more than 30 percent of trees from any one family.
LIGHTING
One light pole is proposed for the western parking lot. Prior to City Council review, additional lighting
locations as well as the proposed lighting styles and a photometric plan must be provided for the entire
site.
SIGNAGE
No new advertising signage or identification of any kind has been proposed with this project. Any future
signage will require a sign permit application.
UTILITIES & STREETS
The applicant plans to extend city water and sewer to the subject property though the adjacent
Westwood Church property. Utility extension and septic demolition permits have already been approved
by the city.
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The one existing access point is proposed to remain on W 78th Street. No additional traffic congestion will
be generated by this project as access will continue to be a right-in and right-out and there is not
anticipated to be an increase in vehicle traffic.
GRADING/DRAINAGE
The existing Hope House site consists of a building, parking area, and driveway located along a local high
point within the Lake Minnewashta sub watershed. Current runoff sheet flows to either to the northwest
into an existing wetland, south onto the 78th St ROW, or northeast into an offsite wooded area owned by
the City of Chanhassen.
This project proposes constructing new impervious areas in the form of an expanded building and
additional driveway/parking surfaces. Two filtration basins are proposed to provide water quality and
rate control for the site. The southern basin outlets to the west and the northern basin outlets to the
northeast. The proposed drainage design mimics the existing drainage patterns of the site. Significant
portions of the site produce runoff from impervious surfaces that do not route through BMPs and
therefore would not be treated. Standard practice is to route impervious surface water through BMPs to
the maximum extent practicable. There appears to be sufficient site area to reconfigure the BMPs or add
additional storm sewers to optimize the stormwater design. All onsite storm sewer and BMPs within the
Hope House property will be privately owned and maintained.
EROSION CONTROL
The proposed development will exceed one (1) acre of disturbance and will, therefore, be subject to the
General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the
National Pollution Discharge Elimination/State Disposal System (NPDES Construction Permit. A
stormwater pollution prevention plan (SWPPP) and associated Erosion and Sediment Control Plan (ESCP)
were included in the submitted plans and were reviewed by staff. The applicant shall update the SWPPP
and ESCP to address staff comments. A staff-approved SWPPP and ESCP is required. All erosion control
practices shall be installed and inspected by city staff prior to initiation of site grading activities.
STORM WATER MANAGEMENT
Article VII, Chapter 19 of City Code describes the required stormwater management development
standards. Section 19-141 states that “these development standards shall be reflected in plans prepared
by developers and/or project proposers in the design and layout of site plans, subdivisions and water
management features.” These standards include abstraction of runoff and water quality treatment
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resulting in the removal of 90% total suspended solids (TSS) and 60% total phosphorous (TP). The
proposed project is located within the Minnehaha Creek Watershed District (MCWD) and is therefore
subject to the watershed’s rules and regulations. A Stormwater Management Report dated August 23,
2024, was submitted by the applicant to the City.
The site is within MCWD and is required to meet all applicable watershed rules which includes volume
abstraction of 1.1 inches of runoff from all impervious area onsite. Soil borings were submitted with the
overall development review dated December 14, 2022. Based on the soil borings showing clay soils
throughout the site, infiltration was deemed infeasible and filtration BMPs were selected as an
alternative, in line with MCWD sequencing. There are 0.54 acres of total impervious across the site,
requiring 2,156 cubic feet of water quality volume. The site is proposing 2,895 cubic feet of filtration
basin volume. Conditional approval from the MCWD should be provided as part of future submittals to
ensure that the design meets all applicable stormwater regulations.
Water quality modeling was not provided, so pollutant removals cannot be confirmed to be in line with
city requirements (60% TP and 90% TSS removals). Additionally, only 37% of site impervious drains to a
BMP, reducing total potential treated TP and TSS. Water quality modeling (MIDS, P8, etc.) shall be
provided to confirm compliance with city standards.
The Stormwater Memo and supporting Hydrologic and Hydraulic HydroCAD models were reviewed. The
HydroCAD modeling shows the site is meeting rate control to each of the discharge points for the 2-, 10-,
and 100-year storm events. The applicant shall provide a final version of the Stormwater Management
Report and all modeling to address remaining comments and confirm rate, volume , and water quality
requirements are met as part of the final site plan approval.
As outlined in the City’s Surface Water Management Plan adopted in December 2018, the city requires at
least 3 feet of freeboard between a building elevation and adjacent ponding features. Based on the
HydroCAD HWL modeling results and the submitted grading plan, both the existing and proposed
buildings adjacent to the southern filtration basin do not meet this freeboard requirement. Additionally,
there is less than 1 foot of freeboard between the building elevations and the southern filtration basin
emergency overflow. Grading and/or BMP design shall be modified to meet city freeboard requirements.
The applicant shall revise the design and provide additional information in the Stormwater Management
Report to outline how the proposed design meets freeboard requirements.
The proposed BMPs and storm sewer are to be privately owned and therefore will require an Operations
and Maintenance (O&M) Agreement and associated plan. The plan will need to identify the maintenance
schedule, responsible party, and should include information on how the system will be cleaned out. The
proposed BMPs shall be placed outside of drainage and utility easements unless approved by the City
Engineer. The Stormwater O&M plan shall be recorded concurrently with the site plan.
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MISCELLANEOUS
RR Existing Proposed
Lot Area 2.5 acres 1.06 s.f. 2.14 s.f.
Hardcover 30% 33.8% 25.3%
Lot Width 200 ft 246.5 ft 361 ft
Lot Depth 200 ft 191 ft 264 ft
Front Setback 50 ft 76 ft 76 ft
Side Setback (East) 10 ft 113 ft 113 ft
Side Setback (West) 10 ft 106 ft 167 ft
Rear Setback 50 ft 46 ft 106 ft
The proposed lot calculations show the dimensions of the lot after the lot line adjustment occurs as a
condition of approval for the Conditional Use Permit. The lot line adjustment plans to decrease or amend
all existing nonconformities and guarantee that all improvements occur on the Hope House lot.
Staff finds that the applicant has met the general standards for all conditional uses and the standards for
group homes. The applicant shall provide the city with a copy of their updated state license once
obtained.
ANALYSIS
Site Plan Findings
In evaluating a site plan and building plan, the city shall consider the development's compliance with the
following:
1. Consistency with the elements and objectives of the city's development guides, including the
Comprehensive Plan, official road mapping, and other plans that may be adopted;
2. Consistency with this division;
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3. Preservation of the site in its natural state to the extent practicable by minimizing tree and soil
removal and designing grade changes to be in keeping with the general appearance of the
neighboring developed or developing areas;
4. Creation of a harmonious relationship of building and open space with natural site features and
with existing and future buildings having a visual relationship to the development;
5. Creation of functional and harmonious design for structures and site features, with special
attention to the following:
a. An internal sense of order for the buildings and use on the site and provision of a
desirable environment for occupants, visitors, and general community;
b. The amount and location of open space and landscaping;
c. Materials, textures, colors, and details of construction as an expression of the design
concept and the compatibility of the same with adjacent and neighboring structures and
uses; and
d. Vehicular and pedestrian circulation, including walkways, interior drives, and parking in
terms of location and number of access points to the public streets, width of interior
drives and access points, general interior circulation, separation of pedestrian and
vehicular traffic, and arrangement and amount of parking.
6. Protection of adjacent and neighboring properties through reasonable provision for surface water
drainage, sound and sight buffers, preservation of views, light and air, and those aspects of design
not adequately covered by other regulations which may have substantial effects on neighboring
land uses.
Finding: The proposed project is consistent with the design requirements, the Comprehensive
Plan, the Zoning Ordinance, and the Site Plan Review requirements. The site design is compatible
with its surroundings.
Conditional Use Permit Findings
When approving a Conditional Use Permit, the city must determine the capability of a proposed
development with existing and proposed uses. The general issuance standards of the conditional use
Section 20-232, include the following 12 items:
1. Will not be detrimental to or endanger the public health, safety, comfort, convenience , or general
welfare of the neighborhood or the city.
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Finding: The proposed project will not be detrimental to or endanger the public health, safety,
comfort, convenience, or general welfare of the neighborhood or the city.
2. Will be consistent with the objectives of the city's Comprehensive Plan and this chapter.
Finding: The proposed use is consistent with the city’s Comprehensive Plan and complies with
city ordinance requirements.
3. Will be designed, constructed, operated, and maintained so as to be compatible in appearance
with the existing or intended character of the general vicinity and will not change the essential
character of that area.
Finding: The proposed project complies with city ordinance requirements. The project
architecture maintains the character of the surrounding single-family neighborhoods.
4. Will not be hazardous or disturbing to existing or planned neighboring uses.
Finding: The proposed project will not be hazardous to existing or planned neighboring uses and
will be designed and constructed to meet all code requirements.
5. Will be served adequately by essential public facilities and services, including streets, police and
fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or
will be served adequately by such facilities and services provided by the persons or agencies
responsible for the establishment of the proposed use.
Finding: The proposed project will be served adequately by essential public facilities and services.
6. Will not create excessive requirements for public facilities and services and will not be
detrimental to the economic welfare of the community.
Finding: The proposed project will not create excessive requirements for public facilities and
services and will not be detrimental to the economic welfare of the community.
7. Will not involve uses, activities, processes, materials, equipment, and conditions of operation that
will be detrimental to any persons, property or the general welfare because of excessive
production of traffic, noise, smoke, fumes, glare, odors, rodents, or trash.
Finding: The proposed project should not create conditions that are detrimental to any persons,
property, or the general welfare of the community.
8. Will have vehicular approaches to the property that do not create traffic congestion or interfere
with traffic or surrounding public thoroughfares.
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Finding: The proposed project will not interfere with traffic circulation and will use existing site
access.
9. Will not result in the destruction, loss or damage of solar access, natural, scenic or historic
features of major significance.
Finding: The proposed project will not destroy or damage natural, scenic, or historic features.
10. Will be aesthetically compatible with the area.
Finding: The proposed project will be aesthetically compatible with the area as it will continue to
resemble a single-family home.
11. Will not depreciate surrounding property values.
Finding: The proposed project should not depreciate surrounding property values.
12. Will meet standards prescribed for certain uses as provided in this article.
Finding: The proposed project will meet standards established for group homes.
RECOMMENDATION
Staff recommends the Planning Commission adopt the following motion:
"The Chanhassen Planning Commission recommends the City Council approves the Conditional Use
Permit with the conditions as presented and the site plan for the construction of a group home with a
capacity up 16 persons located at 3010 W 78th Street, Excelsior, MN, and adopts the attached Findings of
Fact and decision.”
STAFF CONDITIONS
Planning
1. The project shall comply with the requirements in SECTION 20-261. GROUP HOMES of the Zoning
Ordinance.
2. The group home shall be limited to a maximum occupancy of eight persons.
3. The applicant must complete a lot line adjustment so that all improvements associated with Hope
House exist on the same property, located at 3010 W 78th Street, Chanhassen, MN prior to the
conditional use permit being granted.
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4. The applicant must submit a copy of their updated state group home license to the city once it is
received.
5. The Site Development Summary must be updated to show standards for the Chanhassen City
Code and the Rural Residential zoning district.
6. Additional lighting locations as well as the proposed lighting styles and a photometric plan must
be provided for the entire site.
Forestry
1. Applicant must update the tree inventory to reflect which trees will be removed and which trees
will be saved.
2. Applicant must install tree protection fencing outside of the dripline of trees that are to be
preserved prior to construction. Silt fencing should not be installed within the dripline of
preserved trees wherever possible.
3. Applicant must include buffer yard calculations in accordance with Chapter 20 Sec 20 -1176 on the
landscape plan.
4. Applicant must update the plant schedule to reflect city diversity requirements where no more
than ten percent of the trees may be from any one tree species, no more than 20 percent of the
trees may be from any one genus, and no more than 30 percent of trees from any one family.
5. Applicant must update the landscape legend to indicate which species are being planted in which
location.
6. Applicant must update the landscape summary to include the canopy coverage that is being
preserved and update the number of trees provided to match the number of trees in the plant
schedule.
Engineering
1. The developer shall enter into a site plan agreement with the City and provide necessary financial
security to guarantee compliance with the terms of site plan approval.
2. The developer shall enter into encroachment agreements for all existing and proposed
improvements located in public easements. The encroachment agreements shall be recorded
prior to or concurrently with the site plan agreement.
Water Resources
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1. It is the developer’s responsibility to ensure that permits are received from all other agencies
with jurisdiction over the project (i.e. Carver County, MCWD, Board of Water and Soil Resources,
MnDOT, etc.) prior to the commencement of construction activities.
2. The developer and their Engineer shall work with City staff in amending the construction plans,
dated August 29, 2024 prepared by David Bade, PE with Westwood Professional Services, Inc., to
fully satisfy construction plan comments and concerns. Final con struction plans will be subject to
review and approval by staff prior to recording of the site plan agreement.
3. Water quality modeling shall be provided to confirm the site meets the City’s water quality
requirements of 60% TP and 90% TSS removal. Water quality modeling shall be approved by staff
prior to recording of the site plan agreement
4. The applicant shall update modeling per City and any watershed district comments and submit
updated computations and models in their native forms with the final site plan submittal and
final construction plans. Any future submittals shall receive conditional approval from the
watershed district prior to city staff review.
5. The applicant shall update the design and SWMP to meet the city’s freeboard requirement.
Freeboard requirements shall be approved by staff prior to recording of the site plan agreement.
6. An Operations and Maintenance plan for all proposed BMPs and private stormwater
infrastructure including the inspection frequency, maintenance schedule, and responsible party
shall be submitted for review. A staff-approved stormwater Operations and Maintenance
Agreement shall be recorded concurrently with the site plan agreement.
Building
1. A building permit must be obtained before beginning any construction.
2. The building must comply with State of Minnesota standards for group homes.
Fire
1. The new addition and original home will need to have a full fire sprinkler system installed.
2. The new addition and original home will require a full fire alarm system.
3. The driveway will need to be able to support the heaviest fire apparatus.
4. A turnaround will need to be provided for the largest fire apparatus (ladder truck).
5. A turn radius study is to be completed for the largest fire apparatus (ladder truck).
6. The development will need to add a fire lock box to the building (Knox Box).