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PC 09.17.2024CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 17, 2024 CALL TO ORDER: Chairman Noyes called the meeting to order at 6:00 p.m. MEMBERS PRESENT: Chair Eric Noyes, Perry Schwartz, Edward Goff, Katie Trevena, Jeremy Rosengren. MEMBERS ABSENT: Steve Jobe, Ryan Soller. STAFF PRESENT: Rachel Arsenault, Associate Planner; Rachel Jeske, Planner; Eric Maass, Community Development Director; Kory Hanson, Sergeant. PUBLIC PRESENT: John Sonnek Charles Cudd Company Rodney Provart Hope House Richard Coffey 180 Degrees John Roers 7451 Beacon Court Jason Christensen 3331 West 78th Street Lisa Roers 7451 Beacon Court Larry Ruby 7561 Beacon Court Debby Ruby 7561 Beacon Court Haley Ness 7591 Beacon Court Derek Schluender 7521 Beacon Court Ryan Stinson 3360 West 78th Street Suchitra Sriram 7581 Beacon Court REORDER AGENDA: Eric Maass, Community Development Director, requested that the Planning Commission prior to adopting the agenda, amend the agenda such that Planning Case #24-09 would be considered first under Public Hearings. The Planning Commission amended the agenda as proposed prior to its adoption. PUBLIC HEARINGS: 1. CONSIDER A CONDITIONAL USE PERMIT FOR A CONTRACTING YARD AT 1591 PARK ROAD (PLANNING CASE #24-09) Rachel Arsenault, Associate Planner, reviewed the history of the site and summarized the proposed site plan. She stated that the request was in line with the zoning overview. She Planning Commission Minutes – September 17, 2024 2 reviewed the conditional use permit conditions required by the applicants, including the need to work with the water resource department. Commissioner Schwartz asked why they would approve the request if the property owner had not addressed the city’s concerns about the disrepair. Ms. Arsenault responded that the applicant was remedying the situation on the property to come into compliance. Commissioner Schwartz asked if the staff was concerned about the length of time that had passed with disrepair. Mr. Maass explained the history of the property and said that the property owner was taking steps to come into compliance. The conditional use permit is the next step to gaining compliance with the City Code. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Goff moved, Commissioner Rosengren seconded that the Chanhassen Planning Commission recommends the City Council approve the proposed contracting yard conditional use permit at 1591 Park Road. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 2. CONSIDER PRELIMINARY PLAT FOR APPROVAL FOR AVIENDA TOWNHOMES ADDITION (PLANNING CASE 24-17) Eric Maass, Community Development Director, gave a summary of the staff report, noting the changes from the 2021 Plat to the 2024 Plat, including the lot depth increase and the mechanical building code section 401.4 requirement. Commissioner Schwartz asked a question about lots eight, nine, ten, and eleven. He asked if those lots complied and were five feet in the front and five feet in the back. Mr. Maass answered that the lots would conform and there would be ten feet from the building edge to the property line. Commissioner Trevena asked about how this situation came about. Mr. Maass stated that the building department noted them in their plan review process. John Sonnek, Vice President of Construction at Charles Cudd Company, explained the size of the outlot changed to address the problem. The line was moved approximately six feet in the backyard and approximately five feet in the front yard. He said that it would be better for the clients to not have the vents on the roof. Planning Commission Minutes – September 17, 2024 3 Commissioner Schwartz asked about overflow parking and snow storage when the development was settled. Mr. Sonnek said that the snow could be moved to be stored in the stormwater storage area, where it could melt. Commissioner Schwartz clarified that there were no changes to the buildings, but the lot sizes. Mr. Sonnek stated that the vent used to go out the side but will now go out the back. Since the soffit was five feet from the property line, they had to adjust the property line size. Chairman Noyes opened the public hearing. There were no public comments. Chairman Noyes closed the public hearing. Commissioner Trevena noted an incorrect date in the finding of facts and decision. Commissioner Trevena moved, Commissioner Schwartz seconded that the Chanhassen Planning Commission recommend the City Council approval of the Avienda Townhomes Addition preliminary plat prepared by Landform dated August 23, 2024, subject to the conditions within the staff report and adopt the findings of fact and recommendation. All voted in favor and the motion carried unanimously with a vote of 5 to 0. 3. HOPE HOUSE CONDITIONAL USE PERMIT AND SITE PLAN REVIEW (PLANNING CASE #24-16) Eric Maass, Community Development Director, reviewed the timeline of the project and noted that the recommendation would be considered at the City Council on October 14. He provided an overview of the existing conditions and explained the proposed site plan and landscaping plan. He summarized the Group Home conditional use permit and site plan, noting the City Code requirements. He explained the staff recommendations for the conditional use permit. Chairman Schwartz asked about the use of the existing facility and how many residents could be on the property. Mr. Maass stated that the applicant would build the addition but did not know the long-term use of the existing home. The maximum number of residents if the CUP was approved would be eight on the property. Commissioner Schwartz referred to a letter submitted by a resident. He asked if it was within the staff's purview to consider the discrepancies between the email and the applicant’s comments. He stated there were disturbing statements in the email. Planning Commission Minutes – September 17, 2024 4 Mr. Maass responded that the city’s purview is whether the conditional use permit request adheres to City Code. He stated that the property owner and applicant must agree to submit truthful and honest information. Commissioner Rosengren asked what was in the scope of the review. Mr. Maass stated that the conditional use permit could be revoked if the operator did not adhere to the conditions. He provided an example of what would cause the revocation of the conditional use permit. Commissioner Rosengren clarified that the annual review could not determine incidents that had occurred. It was solely limited to the conditional use permit. Commissioner Schwartz stated that the number of residence would be reduced by two to bring the resident count to six if the conditional use permit was revoked. Chairman Noyes reviewed the purpose of the Planning Commission. Commissioner Schwartz voiced concerns about the allegations and commented that it was difficult to focus on the zoning with the ongoing issues. Chairman Noyes responded that the Planning Commission is a recommending body to the City Council and noted the need to focus on the assigned task. Commissioner Rosengren asked if it was within the purview to include a provision to make sure that the City Council reviews the public concerns. Chairman Noyes stated that the discussion was documented in minutes and would be presented to the City Council. He said that they can add things to the conditional use permit. Chairman Noyes said that the City Council would receive the minutes and the written comments received from residents. He stated that the city could add conditions to a conditional use permit, but they need to be related to the use requested. Commissioner Schwartz stated that some residents would share their concerns about why it was not a good idea. Chairman Noyes said that the Planning Commission needs to hear the public’s opinions, but they need to understand the focus of the Planning Commission. He said that the City Council would look at the project at a larger scope, but the Planning Commission would need to look at the zoning ordinance. Commissioner Schwartz asked about the street address of the location since it had an Excelsior address but was within Chanhassen. Planning Commission Minutes – September 17, 2024 5 Rodney Provart, Executive Director for Hope House, introduced himself and explained the purpose of the additional two rooms. Commissioner Rosengren asked about the nine rooms and asked if one would always be empty. Mr. Provart clarified that they were licensed for eight residents, so one room would be empty. Commissioner Schwartz asked what was being done with the empty rooms in the other house. Mr. Provart answered that they would evaluate what other social services might be appropriate for the region with those rooms. Commissioner Schwartz questioned the purpose of the flex rooms when Hope House is an overnight shelter. Mr. Provart explained that individuals can stay for up to ninety days. Commissioner Schwartz asked what the residents would be doing during the day. Mr. Provart answered that the residents would be going to school. Commissioner Schwartz asked if the shelter was serving only residents from Carver County. Richard Coffey, from 180 Degrees, responded that most of the residents were from Carver County. Commissioner Goff asked about how Open Hands Foundation, Hope House, and 180 Degrees interacted. Mr. Provart summarized the history of the opening of Hope House and the partnership established with 180 Degrees and Westwood Community Church. Commissioner Schwartz stated that the teens were troubled. He asked about the precautions to ensure the safety of residents, staff, and neighbors. Mr. Coffey responded that the teenagers might also just be homeless. He explained the intake process for the teenagers and the 24-hour staffing model. Commissioner Schwartz asked about the policies in place if an incident occurred. Mr. Coffey responded that there was a 24-hour crisis team. They can also call 911. The team goes through training to understand how to de-escalate a situation. Commissioner Trevena asked about the statement to double the capacity of beds. Planning Commission Minutes – September 17, 2024 6 Mr. Provart answered that it was a wording error. He explained they made a modification since the initial application and would now only be seeking approval for a capacity of eight persons. Commissioner Schwartz discussed the email from a neighbor about the differences between the stated purpose and the reality. Commissioner Schwartz read the statement from the neighbors. Mr. Provart responded that the intent was eight, which is also limited by state licensing. Commissioner Schwartz read a statement from a neighbor that stated teens from various counties had stayed at Hope House. He commented that some residents were on probation, including individuals wearing ankle monitors. Mr. Coffey stated that they operate shelters across the state. There are some situations where a teen from another county might be placed in a different county. This is dependent on the needs of teenagers and available openings. He stated the goal is to not have youth who are violent in the shelter. He did not know of a case with a youth on probation in the shelter. He stated that they do not take violent youth through their vetting process. Commissioner Trevena asked if the condition for the conditional use permit stated that it had to serve youth from Carver County. Mr. Maass responded that it was not a condition. He said that it is not uncommon for a proposal to evolve as staff considers comments. Mr. Coffey commented that their homes could only serve up to eight youths. Chairman Noyes stated that an individual from Carver County Sherrif Department could answer questions regarding safety. Sergeant Hanson from the Carver County Sherrif Department introduced himself. He read the numbers from the previous years, noting that there were eighteen calls for service and two calls were criminal in nature. Commissioner Schwartz asked if some of the teens were wearing ankle monitors. Sergeant Hanson noted that two calls were criminal in nature. Chairman Noyes requested a general example of other calls for service. Sergeant Hanson stated that other calls could be mental health, staff assistance, or different criminal in nature calls. Chairman Noyes asked how the calls to Hope House compared with calls to other group homes. Sergeant Hanson did not have this information. Planning Commission Minutes – September 17, 2024 7 Mr. Maass reviewed the public safety calls since October 6, 2023 and a snapshot of the general vicinity to show what occurred in the neighborhood in the last thirty-one days. Chairman Noyes opened the public hearing. John Roers, 7451 Beacon Court, stated that there were twelve criteria for the conditional use permit and seven of the twelve requirements were not met. He said that Hope House detrimentally impacted the neighborhood. He reviewed the different ways he thought the criteria were not met. Jason Christensen, 3331 West 78th Street, reviewed how an incident impacted his family and himself. He stated that the incident brought anxiety, questions, and concerns. He noted an uptick in police vehicles in 2022, and that the house brought safety concerns. He said it applied to rules number one, four, and six of the conditional use permit. He noted that there were seven runaways from the house. Lisa Roers, 7451 Beacon Court, restated that seven of the conditional use permit factors were failing. He noted that Westwood seemed to see the positive side of the occasion and did not communicate about the worst-case scenario. She stated that many of the residents had probation officers and no neighbors received a letter about the project. She commented that the residents were criminals and were leaving their facility. She voiced concerns about building a facility for only two more beds, about communication with Westwood Church, and about home assessment values in neighborhoods with a group home. Chairman Noyes requested that the communication timeline be displayed. He asked about the timing of the communication and if it was typical to the city’s standards. Mr. Maass stated that the City Code does not require a neighborhood meeting but does encourage a neighborhood meeting to gather feedback and to work with neighbors. Chairman Noyes asked about the postcards and if they were reminders for the public hearing at the Planning Commission. Mr. Maass confirmed this information. Larry Ruby, 7561 Beacon Court, is a member of the Arbors Homeowners Association. He commented that he thought the conditional use permit should be denied. He provided a background of requirements for the Arbors Homeowners Association and stated that they r equire architectural design standards. He said that the design is commercial rather than residential, which is not compatible with the design of the nearby single-family residential homes. He commented that the police presence is unsettling. He questioned how they would be able to operate a larger facility. Debby Ruby, 7561 Beacon Court, voiced agreement with what had previously been shared. She expanded on the 911 calls to the sheriff. She stated that she found 21 calls to the sheriff. She reviewed the types of calls, including a threat to kill everyone, juveniles on probation, juveniles Planning Commission Minutes – September 17, 2024 8 with ankle monitors, and juveniles who could be violent. She stated that the number of residents was showing as eight and asked about the process for Hope House to increase residential capacity since they had bedroom space. She asked what it would take for 180 Degrees to be licensed for a larger group of residents or if Hope House could utilize a different group to increase its residential facility. She voiced confusion about the cost of the renovations to only add two more beds. Haley Ness, 7591 Beacon Court, stated that she felt her family’s sense of security was being jeopardized with the expansion of the Hope House. Derek Schluender, 7521 Beacon Court, said that the Department of Human Services completes an audit of the facility every year. He reviewed the repeated violation of the Hope House. The violation was associated with training and onboarding promptly. He encouraged the Planning Commission to not pass the conditional use permit. Ryan Stinson, 3360 West 78th Street, voiced the importance of understanding the safety associated with the Hope House since it has a high probability of impacting the safety around it. Suchitra Sriram,7581 Beacon Court, voiced concerns about the safety in the neighborhood and how it impacted the perception of safety for her mother. Chairman Noyes closed the public hearing. Commissioner Schwartz asked if the conditional use permit items referenced by the residents were applicable in the annual review. Mr. Maass responded that the conditional use permit would be applicable with the annual review if it was in the City Code. He commented that the annual review does not require an action on behalf of the city. Commissioner Schwartz asked if any of the concerns raised by the residents were a part of the City Code. Mr. Maass reviewed the conditional use standards and the process followed by the city when considering the conditional use permit application. He stated that the original request was for sixteen beds and considered if there was capacity for these beds. This request was dropped to eight beds. Commissioner Schwartz asked if the concerns raised by the residents applied to the City Code concerning the existing facility. Mr. Maass stated that the existing facility is licensed by the state. Commissioner Schwartz asked if there was anything in the City Code that impacted the proposal. Mr. Maass said the existing property, with a capacity up to six persons, is a permitted use. Planning Commission Minutes – September 17, 2024 9 Chairman Noyes stated that the residents expressed concerns about crime that could happen in the future. He commented that there were many calls within the operation of the business. He said that if the Planning Commission does not approve this site plan r eview, the Hope House can still operate in the current condition. Commissioner Schwartz said that the city cannot do anything about the alleged safety concerns, but if the city approves the conditional use permit and the alleged safety concerns continue, the city can take action in the annual review. Mr. Maass responded that the requirement for a group home over six people requires an annual public hearing. If there is a violation of a conditional use permit, the city does not need to wait for the annual review to consider revocation of a conditional use permit, if issued. Commissioner Schwartz stated that the neighbors would have more power if the conditional use permit was reviewed. Mr. Maass answered that the city could call for a revocation of the conditional use permit if the city had evidence of a violation of one of its conditions of approval. This would not revoke the permitted use. He stated that the group home would lose the ability to have eight individuals reside in the group home but could still have six individuals. Commissioner Goff said there are state records of the individuals in the home. He said that no one received the mailers since the radius is one-quarter of a mile. Mr. Maass responded that the city mailer was sent to the respective neighborhoods, even if it was more than one-quarter of a mile. He reviewed the general issuance standards and the conditional imposable on permits that the staff analyzes when an application is received. Chairman Noyes clarified that the site improvements would need to meet the standards, not the business of itself. Commissioner Schwartz clarified it was the facility that would need to meet the standards, not the use of the facility that would need to meet the standards. Commissioner Trevena asked about the zoning areas and how the proposed building did not meet the neighborhood aesthetics. Mr. Maass clarified that the Hope House was zoned rural residential. He said that the city does not have architectural standards for this zoning district, but staff reviewed the proposed elevations, and they are consistent with what to expect for a rural residential building. He said that the proposed construction material would match residential construction. Commissioner Rosengren said that on the surface of the application, it seems like it would help the teenagers better than the current facility. He stated that it seemed difficult to not approve this, as it meets the guidelines of the use of the property and what is in the scope of the Planning Planning Commission Minutes – September 17, 2024 10 Commission. He encouraged sending a statement to the City Council to encourage more communication between the neighborhood and the organizations that manage the Hope House. Chairman Noyes clarified that the business does not need to meet the conditional use permit, but the site plan needs to meet the conditional use permit. Commissioner Goff said that there was no clear communication. He asked if there was a way to increase communication between the business and residents to improve relations and alleviate concerns. Chairman Noyes stated if they table the request, it does not change the Planning Commission’s abilities. He said that whether they recommend to approve or deny the request, Hope House will still operate there. Commissioner Schwartz said that the residents’ comments were on the record and that the City Council would see the comments. Chairman Noyes responded that the City Council meeting is on October 14 and the City Council has a larger purview. Mr. Maass reminded the Planning Commission that the city must act on a land-use application within 120 days. Commissioner Schwartz said that the site plan meets the conditional use standards. Commissioner Schwartz moved, Commissioner Rosengren seconded that the Chanhassen Planning Commission recommend the City Council approve the conditional use permit with the conditions as presented and the site plan for the construction of a group home with a capacity up to 8 persons located at 3010 W 78th Street, Excelsior, MN, and adopt the findings of fact and decision. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: 1. APPROVAL OF PLANNING COMMISSION MINUTES DATED SEPTEMBER 3, 2024 Commissioner Goff moved, Commissioner Trevena seconded to approve the Chanhassen Planning Commission summary minutes dated September 3, 2024 as presented. All voted in favor, and the motion carried unanimously with a vote of 5 to 0. CITY COUNCIL ACTION UPDATE: Eric Maass, Community Development Director, noted that the meeting on October 1 would likely be canceled. Planning Commission Minutes – September 17, 2024 11 Commissioner Schwartz requested information about the Civic Campus project. Mr. Maass responded that the foundation work and the elevator shaft work was nearly complete. He stated that the city secured a grant to help with the costs of solar panels. Chairman Noyes asked if there was an analysis completed about how much money the city would save by utilizing solar. Mr. Maass stated that he would look into this and would report back. ADJOURNMENT: Commissioner Schwartz moved, Commissioner Trevena seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The Planning Commission meeting was adjourned at 8:11 p.m. Submitted by Eric Maass Community Development Director