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4.1. DRAFT PC MINUTE 12-18-2018 Meeting of the Elk River Planning Commission Held at the Elk River City Hall Tuesday, November 27, 2018 Members Present: Chair Eric Johnson, Commissioners Jill Larson-Vito, Robert Rydberg, Alexander Feinstein, Brad Thiel, and Mike Nicholas Members Absent: Commissioner John Jordan Staff Present: Planning Manager Zack Carlton, Senior Planner Chris Leeseberg, and Sr. Administrative Assistant/Recording Secretary Jennifer Green 1. Call Meeting to Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:35 p.m. by Chair Johnson. 2. Consider November 27, 2018, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the November 27, 2018, Planning Commission agenda. Motion carried 6-0. 3. Consider October 23, 2018, Planning Commission Minutes Moved by Commissioner Feinstein and seconded by Commissioner Nicholas to approve the October 23, 2018, Planning Commission minutes. Motion carried 6-0. 4.1. John Anderson – 10215 Twin Lakes Rd. NW  Conditional Use Permit to operate an electrical contracting company, Case No. CU 18-18 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. John Anderson, 10215 Twin Lakes Rd. NW, the applicant, explained that his request to locate the parking on the east side was to prevent cars parking close to the house and near an existing well. He stated he was comfortable with the other conditions and understood if the parking condition was imposed. There being no one present to speak, Chair Johnson closed the public hearing. Planning Commission Page 2 November 27, 2018 ----------------------------- The Planning Commission discussed Condition #1 and modified it to read “employee parking shall either be on the north or west side of the pole building,” staff recommended a fence if the parking is located on the east side. Fencing shall be the same as is required for outdoor storage. Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to recommend approval of the request by Motion carried 6-0. 4.2. D.R. Horton, Inc. – 18970 Edison St. NW  Interim Use Permit to allow for a temporary 4-space parking lot adjacent to a future model home, Case No. IU 18-01 Mr. Carlton presented the staff report. Chair Johnson asked if this type of request was similar to other developments in the city. Mr. Carlton stated he wasn’t aware of anything similar in Elk River but in surrounding communities it was common. Chair Johnson opened the public hearing. There being no one to speak, Chair Johnson closed the public hearing. Moved by Commissioner Rydberg and seconded by Commissioner Thiel to recommend approval of the request by D.R. Horton, Inc. for an Interim Use Permit to construct a temporary parking lot in support of the adjacent model home with the following conditions: 1. The IUP will expire on December 17, 2021. 2. The parking area must be removed and vegetation re-established prior to expiration of the IUP. 3. Upon removal of the parking area the base materials must be removed and the soils must be de-compacted in order to maintain compliance with approved stormwater plans. Motion carried 6-0. 4.3 ResCare Minnesota – 633 Upland Avenue NW  Conditional Use Permit to operate an Institutional Use, Case No. CU 18-19 Mr. Carlton presented the staff report. Chair Johnson asked if there were any other uses currently taking place in the building. Planning Commission Page 3 November 27, 2018 ----------------------------- Mr. Carlton stated there was an office use and a church operating out of the building, and those uses would cease if this use is approved. Chair Johnson opened the public hearing. Patrick Kelly, 2350 Wycliff Street, St. Paul, attorney from Kelly & Lemmons, P.A., representing the applicant. He complimented staff with their assistance in this process. He stated ResCare has no concerns with condition two regarding SAC/WAC charges. Regarding condition three, he explained ResCare’s Robbinsdale location also experienced concerns with smoking and explained they worked with city staff to establish criteria for smoking. He went on to explain the role of ResCare was transitional care for patients to return to the community, noting the patients had already received hospital treatment and were transitioning back to independent living. In response to the police department’s concerns regarding the proposed location in a residential area, he explained many of the other ResCare facilities are located in residential areas. He said their staff are trained first responders and equipped to handle any emergency situation. He noted staff can request no lights and sirens from emergency responders should they be called to their facility. He stated it’s a rare occasion that their patients require emergency response. In his opinion ResCare does good work to assist patients in transitioning back into independent living. Commissioner Rydberg asked the applicant about the conditions being proposed and how many code 3 responses their other locations receive. Thomas Alf, 4440 Beard Ave. N., Robbinsdale, represents ResCare - Minnesota and stated he had no objections to the Planning Commission’s proposed conditions. He stated some locations can go months without calling for police assistance or EMS care. He explained how clients are monitored and constantly evaluated for concerns that may need to be addressed in a hospital setting. Chair Johnson asked about the realm of conditions that their patients are being treated for, and asked if residents can come and go as they please or if they are required to remain at the facility full time. Mr. Alf explained the variety of emotional conditions and psychiatric disorders their patients experience regarding their thoughts, which may include suicidal or confused thinking, preventing them from functioning in the community in a positive way. He stated some patients are recluse and find themselves unable to take care for themselves in their own homes without receiving the assistance of care that ResCare provides called Intensive Residential Treatment Services (IRTS). He stated the patient’s goal is to regain skills and receive support to return to independent living. He stated patients can come and go as they please from the facility but typically stay on site because of the lack of public transportation services such as buses. ResCare will have a van available for any required transportation. They will also have visiting hours. Planning Commission Page 4 November 27, 2018 ----------------------------- Mr. Carlton indicated he had heard from a few property owners in the neighborhood who expressed concerns with safety and risk to the neighborhood. Mr. Alf responded that he’s worked for 30+ years in mainly residential settings and never really had any incidences with community safety being threatened. He said patients are more vulnerable from members of the public and is not aware of patients that have assaulted or harmed the general public. Tammy Jorgenson Owens, 1790 Tipton Circle NW, stated her concerns are for the safety of her child and other children in the neighborhood playing outside as she lives just down the street from this proposed facility. She stated she was opposed to ResCare operating in her neighborhood. th Chris Jacobson, 4720 30 Avenue So., Minneapolis, works for CBRE as a healthcare real estate advisor and indicated this proposed site is fantastic for this type and level of care and treatment of these vulnerable patients who have already received hospitalized treatment and are transitioning back to independent living. Mr. Jacobson stated there’s already a need for mental health treatment in this area. He explained the remodeling that will be done to the building and job creation as a result of this proposal. He stated there will be interior cameras and exterior cameras at all three entrances monitoring the patients. Councilmember Wagner asked the applicant why this location was attractive to ResCare. Mr. Jacobson explained the criteria used to review the needs for a desired location and what condition the building is in, noting this building is built very well and can support fire suppression as well as already zoned institutional. He stated the community is fantastic. He stated these resources are very much in need for this type of patient population of Sherburne County residents. Mary Jo Cobb, 11445 Brenda Blvd., Becker, is the Director of Health and Human Services at Sherburne County. She explained Thomas Alf asked her 3 years ago if there was a need for an IRTS facility in Sherburne County, and she stated yes there was. Currently they are sending county residents long distances to get this type of service that would now be available in Elk River. She explained it doesn’t allow for patients to get well in their home community, secure employment, and sending someone far away to receive IRTS care is not a good option to get well. She addressed Ms. Owens and stated that the folks that are in these facilities are better monitored and cared for, and less likely to be harmful to others. She understands her fears but she trusts ResCare, noting they’ve looked for a long time to find the right location. There being no one else to speak, Chair Johnson closed the public hearing. Commissioner Thiel stated he felt this type of facility was a good fit for this location, and was a needed service in the Sherburne County community. He stated what struck him is the need for this level of care to properly transition patients into Planning Commission Page 5 November 27, 2018 ----------------------------- independent living. He noted the need to break down the myths and misconceptions about mental illness and show that IRTS works and supports people. He stated this facility would be a good addition to the community. Commission Larson-Vito agreed with Commissioner Thiel, noting she lives in the area and has two sons who bicycle in this location. She stated she too had the same concerns regarding public safety when she initially read this application, but feels more harm may come when people get turned away from care that they need. She’s thought long and hard and need to take care of people. Commissioner Feinstein stated he would support this request, noting the increase in mental health calls experienced by law enforcement and how this type of facility could assist in benefitting patients and the justice system. Chair Johnson agreed, noting he had initial concerns similar to local residents regarding safety, but the applicant explained how the facility is used and felt Sherburne County would benefit from this facility. Commissioner Rydberg stated the only mitigation he could provide for neighbors of this facility is if they observe things happening that they are uncomfortable with, ResCare would love the opportunity to hear from them to resolve any problems. He stated he supports this type of use. Commissioner Larson-Vito asked about future trail connections and any discussion regarding screening. Mr. Carlton indicated there were no discussions or requirements regarding screening the property from any futures trail. Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the request by ResCare Minnesota for a Conditional Use Permit (CUP) to operate an Institutional Use at 633 Upland Avenue, with the following conditions: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of MN must be submitted to the city. 2. The SAC/WAC Units will be reassessed in order to decide if an additional WAC Fee will need to be paid based on the change in use. 3. Smoking shall not be allowed in the building, and a designated smoking area outside of the building must be identified on the site plans. Motion carried 6-0. 4.4 River Walk – 17354 Zane St. NW ~ continued from October 23, 2018  Zone Change – from FAST to PUD, Case No. ZC 18-05  Conditional Use Permit to Establish a PUD, Case No. CU 18-15 Planning Commission Page 6 November 27, 2018 ----------------------------- Mr. Carlton presented the staff report and requested these items be continued to the December 18, 2018, Planning Commission meeting. Chair Johnson stated the public hearing was already opened and asked for a motion that it be continued to December 18, 2018. Moved by Commissioner Larson-Vito and seconded by Commissioner Nicholas to approve the request by Patrick Briggs and Dan Andersen to continue the public hearing for the River Walk Zone Change ZC 18-05 and Conditional Use Permit CU 18-15 to the December 18, 2018, Planning Commission meeting. Motion carried 6-0. 5. General Business There was no general business. Mr. Carlton reminded the commissioners of the upcoming meeting dates of December 18, 2018, and January 29, 2019. 6. City Council Liaison Update Councilmember Wagner discussed the items presented at the last City Council meeting. She discussed the council’s discussion of a concept review for Enerkem and stated the Planning Commission would be involved in future discussions should this proceed as this type of request would affect decisions and changes to the Comprehensive Plan. 7. Adjournment The meeting was adjourned at 7:33 p.m. Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair