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01-07-25 PC Agenda and Packet A.6:00 P.M. - CALL TO ORDER B.PUBLIC HEARINGS B.1 Consider Proposed Ordinance Amendment XXX: Group Homes as a Conditional Use B.2 Consider a Minor PUD Amendment to the Seven Forty-One Crossing Planned Unit Development C.GENERAL BUSINESS D.APPROVAL OF MINUTES D.1 Approve Planning Commission Meeting Minutes dated December 3, 2024 E.COMMISSION PRESENTATIONS F.ADMINISTRATIVE PRESENTATIONS G.CORRESPONDENCE DISCUSSION H.OPEN DISCUSSION I.ADJOURNMENT AGENDA CHANHASSEN PLANNING COMMISSION TUESDAY, JANUARY 7, 2025 CITY COUNCIL CHAMBERS, 7700 MARKET BOULEVARD NOTE: Planning Commission meetings are scheduled to end by 9:00 p.m. as outlined in the official by-laws. We will make every attempt to complete the hearing for each item on the agenda. If, however, this does not appear to be possible, the Chairperson will notify those present and offer rescheduling options. Items thus pulled from consideration will be listed first on the agenda at the next Commission meeting. If a constituent or resident sends an email to staff or the Planning Commission, it must be made part of the public record based on State Statute. If a constituent or resident sends an email to the Mayor and City Council, it is up to each individual City Council member and Mayor if they want it to be made part of the public record or not. There is no State Statute that forces the Mayor or City Council to share that information with the public or be made part of the public record. Under 1 State Statute, staff cannot remove comments or letters provided as part of the public input process. 2 Planning Commission Item January 7, 2025 Item Consider Proposed Ordinance Amendment XXX: Group Homes as a Conditional Use File No.Item No: B.1 Agenda Section PUBLIC HEARINGS Prepared By Rachel Jeske, Planner Applicant Present Zoning Land Use Acerage Density Applicable Regulations Chapter 20, Section 20-574 Agricultural Estate Zoning District Chapter 20, Section 20-594 Rural Residential Zoning District Chapter 20, Section 20-261 Group Homes SUGGESTED ACTION Proposed Motion: "The Chanhassen Planning Commission recommends that the Chanhassen City Council approves the attached Ordinance amending regulations for group homes as a conditional use as presented." SUMMARY The proposed ordinance amendment removes "Group Homes serving 7-16 persons" as a conditional use in the Agricultural Estate (A2) and Rural Residential (RR) zoning districts. It also removes the associated performance standards for group homes as a conditional use. BACKGROUND 3 At their Work Session on November 18, staff presented a draft ordinance that would amend the maximum number of persons allowed to reside at a group home with a CUP from 16 persons to 8 persons. Staff also recommended the removal of the standard condition of an annual public hearing being required for any Group Home CUP due to the fact that staff believed it caused gave a false impression of a revision to the approval occurring as a result of the annual hearing. Following their discussion, the City Council directed staff to remove "Group homes serving 7-16 persons" as a conditional use within both the Agricultural Estate (A2) and Rural Residential (RR) zoning districts. DISCUSSION RECOMMENDATION Staff recommends approval of the Group Homes Ordinance as presented. ATTACHMENTS Group Home Ordinance Affidavit of Publication 4 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING CHAPTER 20 CHANHASSEN CITY CODE THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS: Section 1. Section 20-574 of the City Code, City of Chanhassen, Minnesota, is hereby amended as follows: Sec 20-574 Conditional Uses The following are conditional uses in an "A-2" District: 1. Cemetery. 2. Electrical distribution and underground electric distribution substations. 3. Churches. 4. Recreational beach lots. 5. Group homes for seven to 16 persons. 5. Golf courses. 6. Towers as regulated by article XXX of this chapter. Section 2. Section 20-594 of the City Code, City of Chanhassen, Minnesota, is hereby amended as follows: Sec 20-594 Conditional Uses The following are conditional uses in an "RR" District: 1. Churches. 2. Private stables. 3. Recreational beach lots. 4. Towers as regulated by article XXX of this chapter. Section 3. Section 20-261 of the City Code, City of Chanhassen, Minnesota, is hereby amended as follows: Sec 20-261 Reserved Section 4. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this ___day of _____, 2025, by the City Council of the City of Chanhassen, Minnesota ______________________________________________________________ 5 Jenny Potter, City Clerk Elise Ryan, Mayor (Published in the _________________________ on ______________________________) 6 7 Planning Commission Item January 7, 2025 Item Consider a Minor PUD Amendment to the Seven Forty-One Crossing Planned Unit Development File No.Case #24-19 Item No: B.2 Agenda Section PUBLIC HEARINGS Prepared By Rachel Arsenault, Associate Planner Applicant Ali Nanne, Owner of Arch Salon & Suites Present Zoning Planned Unit Development District (PUD) Land Use Commercial Acerage 7.53 Acres Density Applicable Regulations Ordinance No. 604 Seven Forty-One Crossing PUD Regulations, Signage. SUGGESTED ACTION Approve the proposed minor amendment to the Seven Forty-One Crossing PUD. SUMMARY The Applicant is requesting an amendment to the signage portion of the PUD regulations to allow for an awning with printed signage. The proposed awning sign is constructed from black metal, with Arch Salon & Suites white vinyl lettering 30 inches tall. The existing PUD standards establish a maximum height of signage lettering of 30 inches. The height of letters allowed by the PUD is not proposed to be amended. BACKGROUND 8 The Applicant and Property Owner approached the city regarding required revisions to a sign permit the sign contractor applied for. The feedback was as follows, "individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing." This would require the lettering be individually dimensioned and made from one of the approved materials, rather than the proposed printed vinyl. The Applicant informed the city the sign had been prematurely manufactured. Due to the support of the Property Owner to amend the PUD regulation to allow for this type of signage and the grand opening of the salon on December 31, the city approved the sign permit with the following condition, "This approval is conditioned on applying for and receiving approval of a minor PUD amendment to allow the proposed sign. If the minor PUD amendment is not applied for within 90 days of the issuance of this permit it shall be removed. Additionally, if the minor PUD amendment is not approved the sign shall be removed and brought into conformance with the original PUD". The Applicant promptly applied for the minor PUD amendment to adhere to the sign permit condition of approval. DISCUSSION RECOMMENDATION Staff recommends approval of the requested amendment. ATTACHMENTS Arch Salon and Suites Awning Plan Arch Salon and Suites Elevation Summarized Redlined Ordinance Affidavit of Mailing Affidavit of Publication 9 2714 E 33rd St. 55406 01-15-14Tiger Sushi MOA 2714 E 33rd St. 55406 BB PAPI’S TACO’S 04-05-21 Chanhassen, MN 2714 E 33rd St. 55406 01-15-14Tiger Sushi MOA 2714 E 33rd St. 55406 Arch Salon & Suites 08-14-24 Chanhassen, MN 11-20-24 10 2714 E 33rd St. 55406 01-15-14Tiger Sushi MOA 2714 E 33rd St. 55406 BB PAPI’S TACO’S 04-05-21 Chanhassen, MN 2714 E 33rd St. 55406 01-15-14Tiger Sushi MOA 2714 E 33rd St. 55406 Arch Salon & Suites 08-14-24 Chanhassen, MN 11-20-24 11 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE AMENDING ORDINANCE NO. 604, WHICH AMENDS CHAPTER 20 OF THE CHANHASSEN CITY CODE, CONCERNING THE SEVEN FORTY-ONE CROSSING PLANNED UNIT DEVELOPMENT. THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Section 7(b), subsection a, of the City of Chanhassen Ordinance No. 604 a. The location of letters and logos shall be restricted to the approved building sign bands, the tops of which shall not extend above parapet height. The letters and logos shall be restricted to a maximum of 30 inches in height. All individual letters and logos comprising each sign shall be constructed of wood, metal, or translucent facing, with the exception of awning signs. Section 2. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED this ____ day of ___________, 2025, by the City Council of the City of Chanhassen, Minnesota Jenny Potter, City Clerk Elise Ryan, Mayor (Published in the ___________________ on __________________) 12 CITY OF CHANHASSEN AFFIDAVIT OF MAILING NOTICE STATE OF MINNESOTA) )ss COUNTYOFCARVER ) 'fltu-ttnnildtter, C ity C lerk Subscribed and swom to before me 4,t&,r,d,n0,^ AMY K. WEIDMAN Notary Public-Minnesota My CommEdon ExPlrc€ Jan 31,2027 Notary Public I, Jenny Potter, being first duly swom, on oath deposes that she is and was on December 26, 2024, the duly qualified and acting City Clerk of the City of Chanhassen, Minnesota; that on said date she caused to be mailed a copy ofthe attached notice Consider a request for a minor amendment to the PUD for Seven Forty-One Crossing related to allowable signage. Applicant: Arch Salon & Suites, Owner: SCP PE Chan' LLC (Paster Properties) to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope addressed to such owner, and depositing the envelopes addressed to all such owners in the United States mail with postage fully prepaid thereon; that the names and addresses of such owners were those appearing as such by the records ofthe County Treasurer, Carver County, Minnesota, and by other appropriate records. this 30 day of T)" ce rvr b4-l , 2024. / 13 NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING NOTICE OF PUBLIC HEARING CHANHASSEN PLANNING COMMISSION MEETING Date & Time: Tuesday, January 7, 2025 at 6:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Consider a request for a minor amendment to the PUD for Seven Forty-One Crossing related to allowable signage. Applicant: Arch Salon & Suites Property Location: 2401 Highway 7 A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans for the project. 3. Planning Commission discusses the proposal. 4. Public hearing is opened taking comments from the public. 5. Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project documents before the meeting, please visit the city’s proposed development webpage: www.chanhassenmn.gov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https://www.chanhassenmn.gov/i-want-to/subscribe Date & Time: Tuesday, January 7, 2025 at 6:00 p.m. This hearing may not start until later in the evening, depending on the order of the agenda. Location: City Hall Council Chambers, 7700 Market Blvd. Proposal: Consider a request for a minor amendment to the PUD for Seven Forty-One Crossing related to allowable signage. Applicant: Arch Salon & Suites Property Location: 2401 Highway 7 A location map is on the reverse side of this notice. What Happens at the Meeting: The purpose of this public hearing is to inform you about the applicant's request and to obtain input from the neighborhood about this project. During the meeting, the Chair will lead the public hearing through the following steps: 1. Staff will give an overview of the proposed project. 2. The applicant will present plans for the project. 3. Planning Commission discusses the proposal. 4. Public hearing is opened taking comments from the public. 5. Public hearing is closed and the Planning Commission continues discussion on the project prior to voting on the project. Questions & Comments: To view project documents before the meeting, please visit the city’s proposed development webpage: www.chanhassenmn.gov/proposeddevelopments Sign up to receive email updates about this or other projects. Go to https://www.chanhassenmn.gov/i-want-to/subscribe 14 Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. «Tax_name» «Tax_add_l1» «Tax_add_l2» Disclaimer This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to prepare this map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the depiction of geographic features. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000), and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees to defend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties which arise out of the user's access or use of data provided. «Next Record»«Tax_name» «Tax_add_l1» «Tax_add_l2» Subject Parcel Subject Parcel 15 Tax name Tax add l1 Tax add l2 AMANDA LYNN SUTTER 2300 MELODY HILL RD EXCELSIOR, MN 55331 BIG BOX ONE LLC 2909 BRYANT AVE S #300 MINNEAPOLIS MN 55408 BOSCO INC 6140 LAKE LINDEN DR SHOREWOOD MN 55331 CARRIE C NORTH 2446 W 64TH ST EXCELSIOR, MN 55331 CHANHASSEN CITY PO BOX 147 CHANHASSEN, MN 55317 CHRISTOPHER J MARA 749 RED OAK DR OCONOMOWOC, WI 53066 CHRISTOPHER OHLAND 6285 CHASKA RD EXCELSIOR, MN 55331-8824 CITY OF SHOREWOOD 5755 COUNTRY CLUB RD SHOREWOOD MN 55331 CLOVER INVESTMENTS LLC 6080 CLUB VALLEY RD EXCELSIOR, MN 55331 DAMON M JOHNSON 6366 MELODY LN EXCELSIOR, MN 55331 DANIEL KELLY 6361 MELODY LN EXCELSIOR, MN 55331 DANIEL REICH 6378 MELODY LN EXCELSIOR, MN 55331 DEVIN A SCHERER 2461 W 64TH ST EXCELSIOR, MN 55331 DMF PROPERTIES, LLC 2500 ORCHARD LN EXCELSIOR, MN 55331 DONALD H DUEFFERT 2451 W 64TH ST EXCELSIOR, MN 55331 EDWARD KNUTSON 6450 ORIOLE AVE EXCELSIOR, MN 55331 ERIN WILBUR HEARST 2014 TRUST 17001 THE STRAND MINNETONKA, MN 55345 FAZEL HARIS 6260 CHASKA RD EXCELSIOR, MN 55331 FAZEL HARIS & SARIKA HARIS 6260 CHASKA RD EXCELSIOR MN 55331 GARY A & MARIE C BRIDGE 2449 64TH ST W EXCELSIOR, MN 55331-8809 GARY SCOTT REED 2471 64TH ST W EXCELSIOR, MN 55331-8809 HEIDI L CARLSON 6440 ORIOLE AVE EXCELSIOR, MN 55331-7809 HPA BORROWER 2016-1 LLC 120 S RIVERSIDE PLAZA STE 2000 CHICAGO, IL 60606 IND SCHOOL DIST 276 5621 COUNTY ROAD 101 MINNETONKA, MN 55345-4214 JASON REYNOLDS 6390 MELODY LN EXCELSIOR, MN 55331 JOHN DRAGSETH 2600 FOREST AVE EXCELSIOR, MN 55331 JOSEPH M PFANKUCH 515 N 3RD AVE BOZEMAN, MT 59715-3460 JUSTIN MILLER 2445 64TH ST W EXCELSIOR, MN 55331-8809 KATARZYNA KUPINSKA 6421 ORIOLE AVE EXCELSIOR, MN 55331 KATHRINE FISHER 6461 ORIOLE AVE EXCELSIOR, MN 55331-7809 KATHRYN BEYER 6470 ORIOLE AVE EXCELSIOR, MN 55331-7808 KIM KAMRATH 6441 ORIOLE AVE EXCELSIOR, MN 55331-7809 16 KRAUS-ANDERSON 501 S 8TH ST MINNEAPOLIS MN 55404 LAURA J LAMBERT LIMITED ACCESS TRUST 6300 CHASKA RD EXCELSIOR, MN 55331-8825 LESLIE A POLTRACK 6354 MELODY LN EXCELSIOR, MN 55331 LYNN SUZANNE MILLER 6405 MELODY LN EXCELSIOR, MN 55331 MICHAEL C TOBIN 6377 MELODY LN EXCELSIOR, MN 55331 MOHAMED JUHAAN JOHAR-PREISLER 6280 CHASKA RD EXCELSIOR, MN 55331 NANCY JO PERKINS-BROOKS 2448 64TH ST W EXCELSIOR, MN 55331-8808 NARAYANAN KRISHNAMURTHY 6270 CHASKA RD EXCELSIOR, MN 55331 RACHEL L POPKEN 2460 64TH ST W EXCELSIOR, MN 55331-8809 REALTY INCOME PROPERTIES 3 LLC 11995 EL CAMINO REAL SAN DIEGO, CA 92130-2539 RICHARD D BLISS PO BOX 100 EXCELSIOR, MN 55331 RR EXCELSIOR WAG LLC PO BOX 1159 DEERFIELD, IL 60015 RUSSELL J & LYNN F PAULY 2447 64TH ST W EXCELSIOR, MN 55331-8809 SCP PE CHAN LLC 606 WASHINGTON AVE N STE 400 MINNEAPOLIS, MN 55401 STANLEY J BARTON III 2350 MELODY HILL RD EXCELSIOR, MN 55331 STEPHEN J LEVOIR 6393 MELODY LN EXCELSIOR, MN 55331 TR OF WAYNE AND KELLY PETERSON 2444 W 64TH ST EXCELSIOR, MN 55331- TROUVAILLE PROPERTY LLC 6600 CITY WEST PKWY STE 205 EDEN PRAIRIE, MN 55344 WAKEFIELD INVESTMENTS LLC PO BOX 147101 Mayer, MN 55360 WILLIAM CROCKER 6290 CHASKA RD EXCELSIOR, MN 55331-8824 17 18 Planning Commission Item January 7, 2025 Item Approve Planning Commission Meeting Minutes dated December 3, 2024 File No.Item No: D.1 Agenda Section APPROVAL OF MINUTES Prepared By Amy Weidman, Senior Admin Support Specialist Applicant Present Zoning Land Use Acerage Density Applicable Regulations SUGGESTED ACTION "The Chanhassen Planning Commission approves its December 3, 2024 meeting minutes" SUMMARY BACKGROUND DISCUSSION RECOMMENDATION 19 ATTACHMENTS Planning Commission Meeting Minutes dated December 3, 2024 20 CHANHASSEN PLANNING COMMISSION REGULAR MEETING MINUTES DECEMBER 3, 2024 CALL TO ORDER: Chairman Noyes called the meeting to order at 6:02 p.m. MEMBERS PRESENT: Chair Eric Noyes, Steve Jobe, Perry Schwartz, Ed Goff, Ryan Soller, Jeremy Rosengren, Katie Trevena MEMBERS ABSENT: None. STAFF PRESENT: Rachel Jeske, Planner; and Eric Maass, Community Development Director. PUBLIC PRESENT: None. PUBLIC HEARINGS: 1. CONSIDER PROPOSED ORDINANCE XXX: ADOPTING ZONING ORDINANCE REGULATIONS FOR CANNABIS BUSINESSES Rachel Jeske, Planner, summarized the cannabis ordinance development and the previous discussion. She reviewed the different types of state license and presented maps of the permitted zoning districts. Commissioner Schwartz asked about the differences between a microbusiness and a mezzobusiness. Ms. Jeske answered that the difference was in the size of the square footage of plants that they could grow and the square footage of their retail locations. Commissioner Schwartz commented that he did not see language in the packet that defined the differences. Ms. Jeske responded that the definition was clear in the state language. Commissioner Schwartz asked if there would be testing for purity of the product. Ms. Jeske responded that all products grown in the state of Minnesota had to be tested at state-approved facilities before reaching retail stores. Chair Noyes asked if the number of retail licenses allowed had changed. Eric Maass, Community Development Director, commented that the City Council had not discussed the item. Commissioner Schwartz asked about the email from a resident about adding additional buffers around schools. Ms. Jeske responded that the Economic Development Commission and the Planning Commission considered the possibility, but neither commission wanted to include buffers for schools because they wanted it to be the same as liquor license requirements. 21 Planning Commission Minutes – December 3, 2024 2 Commissioner Schwartz said that there was a difference between the consumption of alcohol and the consumption of marijuana. Chair Noyes stated that the discussion was about the sale of cannabis, not the consumption. Commissioner Soller clarified the differences between microbusinesses and mezzobusinesses according to the state definitions. Chairman Noyes opened the public hearing at 6:14. There were no public comments. Chairman Noyes closed the public hearing at 6:14. Commissioner Soller asked about the lounges and asked for clarification on where they would be zoned. Ms. Jeske clarified where smoking cannabis could and could not occur. Commissioner Soller questioned whether the testing of products would override the Carver County ordinance. He asked in which zoning districts a lounge could be allowed. Ms. Jeske responded that it would be in the microbusiness zoning district and possibly the mezzobusiness. Mr. Maass explained that the Carver County ordinance prohibited smoking cannabis in a public place, but a private business was not considered a public place. Smoking inside of a private business is covered by the MN Clean Air Act. Commissioner Soller asked if there was a loophole in the regulation of indoor smoking with the ability to test products for five minutes. Chair Noyes requested that the email from Emily Nagel be presented. He clarified the response to the resident. Commissioner Trevena moved, Commissioner Jobe seconded that the Chanhassen Planning Commission recommends that the Chanhassen City Council approve the attached Ordinance regulating cannabis businesses as presented. All voted in favor and the motion carried unanimously with a vote of 7 to 0. APPROVAL OF MINUTES: 1. APPROVAL OF PLANNING COMMISSION MINUTES DATED NOVEMBER 4, 2024 Commissioner Jobe moved, Commissioner Schwartz seconded to approve the Chanhassen Planning Commission summary minutes dated November 4, 2024, as presented. All voted in favor, and the motion carried unanimously with a vote of 7 to 0. 2. APPROVAL OF PLANNING COMMISSION WORK SESSION MEETING MINUTES DATED NOVEMBER 19, 2024 22 Planning Commission Minutes – December 3, 2024 3 Commissioner Goff moved, Commissioner Trevena seconded to approve the Chanhassen Planning Commission work session minutes dated November 19, 2024, as presented. All voted in favor, and the motion carried unanimously with a vote of 7 to 0. COMMISSION PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: 1. DISCUSS ORDINANCE XXX: AMENDING CONDITIONAL USES IN THE AGRICULTURAL ESTATE AND RURAL RESIDENTIAL ZONING DISTRICTS TO REMOVE GROUP HOMES SERVING SEVEN TO 16 PERSONS AS A CONDITIONAL USE IN THOSE ZONING DISTRICTS, AS WELL AS REMOVING CITY CODE SECTION 20-261. Eric Maass, Community Development Director, reviewed the previous discussion about the conditional use approval and noted that this topic would be on the agenda for the next meeting’s public hearing. Commissioner Goff asked about the current zoning of Hope House and if they were in the right zoning if they wanted to do the seven to 16 persons. Mr. Maass answered that Hope House was zoned rural residential. They applied for an ordinance to serve seven to 16 persons but rescinded the request. Mr. Maass informed Hope House about the discussion with the City Council. He stated that Hope House understood the proposal and they were moving forward with their building project. Commissioner Jobe asked if Hope House were to serve above sixteen persons, if it would have to be zoned commercial. Mr. Maass responded that he would research the question. Commissioner Soller clarified that a group home could serve six residents. He asked whether a group home could serve 24 individuals if they had four separate houses. Mr. Maass confirmed this information. Commissioner Soller asked if Hope House would have to request an amendment to build a house for seven to 16 persons. Mr. Maass responded that there was a difference between how many the house was planning to serve versus the size of the house. Chair Noyes asked whether Hope House could buy a property in another zoning district to serve seven to 16 persons. Mr. Maass responded that they could buy a property in a multi-family zoning district. Commissioner Soller stated that a house could be built with extra bedrooms, but the number of people served, and licensing were of importance. He asked if variance requests came into play with conditional use requests. Mr. Maass answered that variances wouldn’t be used in a CUP. The way to amend this would be to request an amendment to the zoning ordinance. 23 Planning Commission Minutes – December 3, 2024 4 Chair Noyes asked if the property could be rezoned. Mr. Maass answered that the property would not be eligible for rezoning to a multi-family zoning district based on the comprehensive plan. They would need to request a comprehensive plan amendment to reguide their property to medium-density residential and then a rezoning. He did not know if this request would be successful. Commissioner Jobe questioned the commercial and other applicable sizes around the property. Mr. Maass responded that he would have to look into the question. Commissioner Schwartz asked if anything in the ordinance addressed operational concerns brought forth by neighbors of the Hope House. Mr. Maass said that the operational standards are managed by state licensing. Commissioner Schwartz asked if the permit could be pulled because of the use. Mr. Maass responded that the city could not pull a permit because it was a state license. Commissioner Rosengren asked if their conditional use permit would be taken away. Mr. Maass clarified that Hope House does not have a conditional use permit at this time, since they rescinded their application before it made it to the City Council. Commissioner Schwartz asked if this was the only property operating a group home of up to six people. Mr. Maass responded that he could research the rough number of homes that were operating. He said there were no operational conditional-use permits for group homes serving an excess of six people. Commissioner Schwartz asked what recourse the residents or the city had to address the issues found at Hope House. Mr. Maass answered that if there were operational issues with Hope House, a resident would need to file a complaint with the state. Commissioner Schwartz clarified that a resident would not need to voice grievances about group homes at a Planning Commission Meeting. Commissioner Rosengren asked whether a city could issue a complaint with the state about operational concerns on behalf of residents. Mr. Maass replied that he suspected that to be true but did not want to speak for the City Council. Commissioner Soller would like to see a visual about where group homes serving seven to 16 people would be permitted to be built. Mr. Maass answered that the facilities would be zoned multi-family. Commissioner Schwartz asked if the group homes would have to be free-standing. Mr. Maass responded that he would research the answer to this question. Commissioner Soller asked if the position to be more restrictive was unique or aligned with comparable cities. 24 Planning Commission Minutes – December 3, 2024 5 Commissioner Schwartz asked if they were aligned with other communities. Mr. Maass responded that he would research to see if they were aligned with other cities. Commissioner Jobe discouraged a comparison between Brooklyn Park and Brooklyn Center. Commissioner Trevena clarified that there were no revisions to the conditional use permit process or permit process to allow for more effective oversight for larger group homes rather than removing it. Mr. Maass responded that it was an option, but the City Council directed to eliminate it entirely. Commissioner Schwartz asked how other commissioners felt about not having oversight. Chair Noyes said that there were interesting parallels between the cannabis discussion and the group home discussion. He commented that the state had gone through a process to protect industries. Commissioner Schwartz expressed concerns about the comments from residents who live adjacent to the group homes that are not well-managed and have little recourse to address their concerns. Chair Noyes said that most of the audience was not present to voice their concerns about the expansion, but they did not want a group home in their neighborhood. He voiced concerns about the city assessing the operational effectiveness of group homes. He said that the state is responsible for monitoring the operations of a group home. Commissioner Schwartz discussed his experience driving through the neighborhood and said that the residential community was not right next door to Hope House. Commissioner Rosengren commented that it was important that the state mandates group homes. CORRESPONDENCE DISCUSSION: None. OPEN DISCUSSION: Eric Maass, Community Development Director, stated that the Civic Campus construction started with structural steel and the clock tower is complete. The current estimate for completion is August. Commissioner Rosengren asked about the estimate for the start date of the Bluffs Community Center. Mr. Maass responded that the City would need to enter into a purchase agreement with the landowner of the property. The planning, design, and bidding would start in 2025, with the construction starting in 2026. 25 Planning Commission Minutes – December 3, 2024 6 Commissioner Schwartz asked about the warehouse project. Mr. Maass answered that it was the Audubon Business Park. He said that both buildings were leased to a local company. Commissioner Soller asked if anything of the Community Center would come to the Planning Commission. Mr. Maass responded that the Planning Commission would see a site plan and a plat. ADJOURNMENT: Commissioner Schwartz moved, Commissioner Trevena seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 7 to 0. The Planning Commission meeting was adjourned at 6:52 p.m. Submitted by Eric Maass Community Development Director 26