Loading...
HomeMy WebLinkAbout2023 06-20 PC MinutesJune 20, 2023 Planning Commission Meeting Minutes 1 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, June 20, 2023 City Hall, Council Chambers 1830 County Road B East A. CALL TO ORDER A meeting of the Commission was held and called to order at 7:01 p.m. by Chairperson Arbuckle B. ROLL CALL Paul Arbuckle, Chairperson Present Tushar Desai, Vice Chairperson Present Frederick Dahm, Commissioner Present John Eads, Commissioner Absent Allan Ige, Commissioner Present Tom Oszman, Commissioner Present Lue Yang, Commissioner Present Staff Present: Michael Martin, Assistant Community Development Director Elizabeth Hammond, Planner C. APPROVAL OF AGENDA Commissioner Desai moved to approve the agenda as presented. Seconded by Commissioner Yang Ayes – All The motion passed. D. APPROVAL OF MINUTES 1. April 18, 2023 Planning Commission Meeting Minutes Commissioner Ige moved to approve the April 18, 2023 Planning Commission Meeting Minutes as submitted. Seconded by Commissioner Dahm Ayes – All The motion passed. E. PUBLIC HEARING 1. Conditional Use Permit Amendment Resolution, Kline Nissan Additions, 3090 Maplewood Drive North Michael Martin, Assistant Community Development Director, presented the Conditional Use Permit Amendment Resolution, Kline Nissan Additions, 3090 Maplewood Drive North, and answered questions from the Commission. Pam Guilfoile, Kline Nissan, addressed the commission and answered questions. Chairperson Arbuckle opened the public hearing. June 20, 2023 Planning Commission Meeting Minutes 2 There were no speakers on this item. Chairperson Arbuckle closed the public hearing. Commissioner Desai moved to approve a resolution for a conditional use permit amendment approving two building additions to be constructed at 3090 Maplewood Drive North. CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jack Grotkin, RJ Ryan Construction Inc,. on behalf of Kline Nissan has requested approval of a conditional use permit amendment to construct two building additions associated with the service and parts function of the car dealership. 1.02 The property is located at 3090 Maplewood Drive and is legally described as: PIN: 03-29-22-33-0022 – Tract “A”, Registered Land Survey No. 15, on file in the office of the Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. Section 2. Standards. 2.01 City Ordinance Section 44-637 requires a Conditional Use Permit for motor vehicle maintenance garages and car washes. 2.02 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. June 20, 2023 Planning Commission Meeting Minutes 3 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution 2. On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan approved by the city and date- stamped June 1, 2023. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The applicant shall not load or unload vehicles on public right-of-way. 4. Cars can only be parked on designated paved surfaces. 5. The City Council shall review this permit in one year. 6. All repair, assembly, disassembly and maintenance shall occur within an enclosed building, except minor maintenance. Minor maintenance shall include work such as tire replacement or inflation, adding oil or wiper fluid replacement. June 20, 2023 Planning Commission Meeting Minutes 4 7. Water from car wash shall not drain onto a public street or access. A drainage system shall be installed, subject to the approval of the city engineer. 8. All trash, waste materials and obsolete parts shall be stored within an enclosed trash container. 9. The City Council shall review this permit in one year. Seconded by Commissioner Ige Ayes – All The motion passed. This item will go to the city council on July 10, 2023. 2. Conditional Use Permit Amendment Resolution, M-Health Fairview/St. John’s, 1575 Beam Avenue East Elizabeth Hammond, Planner presented the Conditional Use Permit Amendment Resolution, M- Health Fairview/St. John’s, 1575 Beam Avenue East, and answered questions from the Commission. Danielle Gathje, M‐Health Fairview, addressed the commission and answered questions. Chairperson Arbuckle opened the public hearing. There were no speakers on this item. Chairperson Arbuckle closed the public hearing. Commissioner Yang moved to approve a resolution for a conditional use permit amendment, approving a 7,000-square-foot addition to the existing St. John’s Hospital campus to be constructed at 1575 Beam Avenue, subject to conditions of approval. CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 M-Health Fairview has requested approval of a conditional use permit amendment. 1.02 The property is located at 1575 Beam Avenue East and is legally described as: PIN: 032922130014 – The Southwest Quarter of the Northeast Quarter of Section 3, Township 29 North, Range 22 West, Ramsey County, Minnesota, according to the Government Survey thereof except the following parcels: The East 40.00 feet of said Southwest Quarter of the Northeast Quarter lying northerly of the South 660.00 feet thereof. Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter, being the center of said Section 3, said point being marked by a Ramsey County monument; thence along the west line of said Southwest Quarter of the Northeast Quarter, North 00 degrees 01 minutes 40 seconds East, assumed basis of bearing, a distance of 703.29; thence on a bearing of East 437.93 feet to the point of beginning; June 20, 2023 Planning Commission Meeting Minutes 5 thence continuing on a bearing of East 264.24 feet; thence on a bearing of South 124.13 feet; thence on a bearing of West 264.24 feet; thence on a bearing of North 124.13 feet to the point of beginning. Subject to easements of record. Section 2. Standards. 2.01 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed, and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment, or methods of operation that would be dangerous, hazardous, detrimental, disturbing, or cause a nuisance to any person or property because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit amendment request. 1. On June 20, 2023, the planning commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2. On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. The planning commission recommended that the city council approve this resolution. June 20, 2023 Planning Commission Meeting Minutes 6 Section 5. City Council 5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. All construction shall follow the approved plans, date-stamped June 2, 2023. The planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. The property owner shall maintain at least 1,252 parking spaces on the hospital campus. Parking spaces shall be at least 9.5 feet wide; employee parking may be 9 feet wide. Seconded by Commissioner Dahm Ayes – All The motion passed. This item will go to the city council on July 10, 2023. 3. Lot Size and Setback Variance Resolution, 1759 Phalen Place Elizabeth Hammond, Planner presented the Lot Size and Setback Variance Resolution, 1759 Phalen Place, and answered questions from the Commission. Jodi Andrews, property owner, addressed the commission and answered questions. Chairperson Arbuckle opened the public hearing. The following individuals addressed the commission regarding the project: Nora Slawik, 1756 East Shore Dr N Kim Schmidt, 1800 Phalen Place Douglas Watnemo 1777 Phalen Place Chairperson Arbuckle closed the public hearing. Commissioner Ige moved to approve a lot size and rear yard setback variance resolution for the property located at 1759 Phalen Place, subject to certain conditions of approval. VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jodi Andrews (property owner) has requested a variance to the required minimum lot size standards and rear yard setback requirement to construct a residential dwelling on the existing property at 1759 Phalen Place. June 20, 2023 Planning Commission Meeting Minutes 7 1.02 A variance is requested to allow a lot area of 4,783.71 square feet and lot widths of 48.66 feet and 86.78 feet. 1.03 A variance is requested to allow a rear yard setback of 9.2 feet. 1.04 The property located at 1759 Phalen Place is legally described as: PIN: 162922430041 Lot 18 and 19, Block 3, Kavanagh & Dawson's Addition to Lakeside Park, Ramsey County, Minnesota, except that part lying Westerly of the following described line: Commencing at a point on the North line of Lot 19, 110 feet East of the Northwest corner of said Lot 19; thence Southerly to a point on Southerly line of Lot 18, 65 feet Northeasterly of Southwesterly corner of said Lot 18. Section 2. Standards. 2.01 Variance Standard. City Ordinance Section 44-13 refers to a state statute that states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; (3) the variance if granted, will not alter the essential character of the locality. Section 3. Findings. 3.02 The lot size and rear yard setback variance request meet the required standards for a variance. Staff finds: 1. That the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions; 2. That the proposed use is reasonable; and 3. That the variance will not alter the essential character of the locality; and 4. That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 5. That the variance is consistent with the comprehensive plan. Section 4. City Review Process 4.01 The City conducted the following review when considering the variance requests. 1. On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2. On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council June 20, 2023 Planning Commission Meeting Minutes 8 5.01 The city council hereby _______ the resolution. Approval of the application is based on the findings outlined in section 3 of this resolution and is subject to the following conditions of approval: 1. The proposed construction will meet all local, regional, and state requirements. 2. The property owner will submit a tree preservation plan to the environmental planner. 3. The property owner will submit a grading plan to the assistant city engineer and work with the environmental planner, if necessary, to incorporate stormwater management best practices. 4. The property owner shall submit a building permit for the new home to be reviewed by the city prior to construction. Seconded by Commissioner Oszman Ayes – All The motion passed. This item will go to the city council on July 10, 2023. 4. Nuway Alliance, 2000 White Bear Avenue North a. Comprehensive Plan Amendment Resolution b. Zoning Map Amendment Ordinance c. Conditional Use Permit Resolution Michael Martin, Assistant Community Development Director, presented the Nuway Alliance, 2000 White Bear Avenue North Comprehensive Plan Amendment Resolution, Zoning Map Amendment Ordinance, and Conditional Use Permit Resolution and answered questions from the Commission. John Miller, Nuway Alliance, addressed the commission and answered questions. Chairperson Arbuckle opened the public hearing. There were no speakers on this item. Chairperson Arbuckle closed the public hearing. Commissioner Oszman moved to approve an amendment to the 2040 Comprehensive Plan’s Future Lane Use Map to re-guide the project parcel located at 2000 White Bear Avenue from Institutional to Commercial. COMPREHENSIVE PLAN AMENDMENT RESOLUTION Resolution approving the comprehensive plan amendment re-guiding the property 2000 White Bear Avenue North from Institutional to Commercial. Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 John Miller, of Nuway Alliance, has requested approval of a comprehensive plan amendment. 1.02 The property is located at 2000 White Bear Avenue North and is legally described as: June 20, 2023 Planning Commission Meeting Minutes 9 That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. Criteria. 2.01 The 2040 Comprehensive Plan states the document may require amending due to a property owner request to change land use designation to allow a proposed development or redevelopment. 2.02 The 2040 Comprehensive Plan amendment process follows the same City identified the public hearing process as the major update process used to develop the 2040 Comprehensive Plan. Amendments are required to submit and gain approval from the Metropolitan Council. Section 3. Findings 3.01 The requested amendment would meet various amendment criteria outlined in the 2040 Comprehensive Guide Plan. June 20, 2023 Planning Commission Meeting Minutes 10 Section 4. City Review Process 4.01 The City conducted the following review when considering this amendment request. 1. On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2. On July 10, 2023, the city council discussed the comprehensive plan amendment. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The above-described comprehensive plan amendment is ________ based on the findings outlined in section 3 of this resolution. Approval is subject to, and only effective upon, the following conditions: 1. Review and approval of the Metropolitan Council as provided by state statute. 2. The development must further comply with all conditions outlined in City Council Resolution No. _______ for a conditional use permit _________ by the Maplewood City Council on July 10, 2023. Seconded by Commissioner Desai Ayes – All The motion passed. Commissioner Oszman moved to approve an ordinance amending the City’s zoning map to rezone the property from F, farm residence, to CO, commercial office. AN ORDINANCE REZONING THE PROPERTY AT 2000 WHITE BEAR AVENUE FROM F, FARM RESIDENCE DISTRICT, TO CO, COMMERCIAL OFFICE DISTRICT The City Of Maplewood, Minnesota, Ordains: Section 1. 1.01 The 2000 White Bear Avenue property is hereby rezoned from F, farm residence district, to CO, commercial office district. 1.02 The property is legally described as: That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of June 20, 2023 Planning Commission Meeting Minutes 11 intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds West, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. 2.01 This ordinance is based on the following findings: 1. The rezoning to CO, commercial office district would result in a development compatible with the surrounding development type and intensity. 2. The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive guide plan. 3. The rezoning would be consistent with public health, safety, and welfare. 2.02 This ordinance is subject to the following conditions: 1. Metropolitan Council approval of Resolution No. _______ for a comprehensive plan amendment _________ by the Maplewood City Council on July 10, 2023. 2. The project must further comply with all conditions outlined in City Council Resolution No. _______ for a conditional use permit _________ by the Maplewood City Council on July 10, 2023. Section 3. This ordinance is effective upon publication in the city's official newspaper. Seconded by Commissioner Desai Ayes – All The motion passed. June 20, 2023 Planning Commission Meeting Minutes 12 Commissioner Oszman moved to approve a resolution for a conditional use permit for Nuway Alliance at 2000 White Bear Avenue for an adult residential treatment center. CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 John Miller, of Nuway Alliance, has requested a conditional use permit to operate an adult residential treatment center. 1.02 The property is located at 2000 White Bear Avenue North and is legally described as: That part of the West 620 feet of the North 438 feet of the North half of the Southwest Quarter and of the West 620 feet of the South 235.8 feet of the Northwest Quarter all in Section 14, Township 29, Range 22, Ramsey County, Minnesota, according to the government survey thereof, described as follows: Commencing at the northwest corner of said Southwest Quarter of Section 14, Township 29, Range 22; thence South 0 degrees 11 minutes 56 seconds East, assumed bearing, along the west line of said Southwest Quarter, a distance of 43.00 feet to the point of beginning of the property to be described; thence continuing South 0 degrees 11 minutes 56 seconds East, along said west line, a distance of 395.01 feet to the point of intersection with the south line of the North 438 feet of said North half of the Southwest Quarter; thence North 89 degrees 24 minutes 19 seconds East, along said south line of the North 438 feet, a distance of 620.02 feet to the point of intersection with the east line of the West 620 feet of said North half of the Southwest Quarter; thence North 0 degrees 11 minutes 56 seconds West, along said east line of the West 620 feet, a distance of 358.00 feet; thence North 17 degrees 09 minutes 12 seconds West a distance of 57.00 feet; thence North 27 degrees 03 minutes 22 seconds West a distance of 128.50 feet; thence South 89 degrees 59 minutes 56 seconds West a distance of 62.00 feet; thence North 0 degrees 0 minutes 04 seconds W est, parallel with the west line of said Northwest Quarter, a distance of 145.50 feet to the point of intersection with the north line of said South 235.8 feet of the Northwest Quarter; thence South 89 degrees 24 minutes 19 seconds West, along said north line of the South 235.8 feet, a distance of 167.70 feet; thence South 75 degrees 13 minutes 47 seconds West, a distance of 140.91 feet; thence southwesterly a distance of 35.11 feet along a tangential curve concave to the southeast, having a radius of 50.00 feet and a central angle of 40 degrees 13 minutes 47 seconds; thence South 35 degrees 0 minutes 0 seconds West, tangent to the last described curve, a distance of 23.92 feet; thence southwesterly and southerly a distance of 91.63 feet along a tangential curve concave to the southeast, having a radius of 150.00 feet and a central angle of 35 degrees 0 minutes 0 seconds; thence South 0 degrees 0 minutes 04 seconds East, tangent to the last described curve and parallel with the west line of said Northwest Quarter, a distance of 76.72 feet to the south line of said Northwest Quarter; thence South 0 degrees 11 minutes 56 seconds East, parallel with the west line of said Southwest Quarter, a distance of 43.00 feet; thence South 89 degrees 24 minutes 19 seconds West, parallel with the north line of said Southwest Quarter, a distance of 110.00 feet to said point of beginning and there terminating. Subject to the rights of the public for White Bear Avenue (C.S.A.H No. 65) and easements of record. Section 2. Standards. June 20, 2023 Planning Commission Meeting Minutes 13 2.01 City ordinance section 44-473 requires a conditional use permit for convalescent hospitals. 2.02 City ordinance section 44-1092 requires a conditional use permit for state-licensed residential programs. 2.03 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed, and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment, or methods of operation that would be dangerous, hazardous, detrimental, disturbing, or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools, and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On June 20, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2. On July 10, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council June 20, 2023 Planning Commission Meeting Minutes 14 5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. Any exterior improvements to the building or site require approval via the city’s design review process and requirements. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Provide the city with a copy of its state license to operate an adult residential treatment program. 5. Any increase in residents above 120 will require an amendment of this permit. 6. The applicant shall provide on-site staffing 24 hours a day and 365 days a year. Seconded by Commissioner Desai Ayes – All The motion passed. This item will go to the city council on July 10, 2023. F. NEW BUSINESS None G. UNFINISHED BUSINESS None H. COMMISSION PRESENTATIONS None I. STAFF PRESENTATIONS None J. VISITOR PRESENTATIONS None K. ADJOURNMENT Chairperson Arbuckle adjourned the meeting at 8:24 p.m. Seconded by Commissioner Ige Ayes – All The motion passed.