11-19-2002 PCM c
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, November 19,2002
Hutchinson City Council Chambers
1. CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Bill Arndt at 5:30 p.m. with the
following members present Mike Flaata, Brandon Fraser, Jim Haugen, Lynn
Otteson, Dean Kirchoff, Robert Hantge and Chairman Arndt. Absent: None
Also present: Julie Wischnack, AICP, Planning Director, Marc Sebora, City
Attorney and Bonnie Baumetz, Planning Coordinator
The meeting opened with the swearing-in of Planning Commissioner Mike
Flaata.
2. APPROVAL OF MINUTES
a) Consideration of Minutes dated October 15, 2002 and revised minutes of
September 17, 2002
Mr. Haugen moved to approve the minutes of October 15, 2002 and
revised minutes or September 17, 2002 as submitted. Seconded by Mr.
Kirchoff the minutes were approved unanimously.
3. PUBLIC HEARINGS
a) CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS
STEARNS WOODS, REZONING FROM R1 TO R2 AND CONDITIONAL
USE PERMIT FOR CONSTRUCTION OF 8 BED HOSPICE HOUSE
LOCATED ON PARK ISLAND DRIVE
Chairman Arndt opened the hearing at 5:45 p.m. with the reading of
publication #6795 as published in the Hutchinson Leader on November 7,
2002.
Mr. Fraser, Mr. Haugen and Mr. Hantge abstained from voting. Chairman
Arndt stated Mr. Haugen, as the architect for the project, would be making
a presentation during the hearing.
Ms. Wischnack explained the reasons for the commissioners to abstain
when there is a conflict of interest. She stated the request is a 3 part
request containing the preliminary plat, rezoning and conditional use
permit. The plat is a 12 lot preliminary plat. The final plat will consist of 5
lots. Ms. Wischnack stated the Planning Staff had positive and negative
discussion on extending Park Island Dr. to Honey Tree Rd. She
commented on the development costs which include park fees of $1,400
if the hospice house is in the R2 zone. Sewer and water access charge
will be $1900 per unit. A more definitive calculation will be considered for
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Planning Commission - November 19, 2002
Page 2
the hospice house. The City will be bonding for the street improvements
and assessing the costs against the property involved. She commented
on the Forester's opinion regarding the tree on the northeast edge of the
property stating the tree is worth saving.
Ms. Wischnack commented on the request to rezone the northern
property to R2 stating the property is adjacent to R2 property to the north.
The difference in the zoning districts are the minimum lot size
requirements. R1 requires10,000 sq. ft. and R2 - 8,400 sq. ft. The staff's
main considerations in a rezoning request would be the designation of the
property within the comprehensive plan and the adjacent zoning districts.
The cmprehensive plan has provided that this area would be appropriate
for any zoning from R 1 to R3. She stated the adjacent zoning district to
the north is R2 with average lot sizes at 9,500 sq. ft.
Ms. Wischnack commented on the site plan received today. She stated
the question to be answered is the use. She explained that hospice is
closely related to the two allowances in the City Code, within the R2
District. There are licensed nursing homes and boarding and lodging
facilities for elderly, provided as conditional uses within this district. She
stated staff is of the opinion the hospice is clearly a nursing home type
use and she commented on the definitions of nursing home and boarding
and lodging homes. Ms. Wischnack stated staff is concerned that the
house and parking be designed to fit into the neighborhood. She stated
the revised preliminary plat does show the enlarged lot from 33,000 sq. ft.
to 37,000 sq. ft. and compared the lot and building size to Prairie Senior
Cottages which is a 7,300 sq. ft. building on an acre lot.
Staff has had many meetings at which the request has been reviewed
and also held a neighborhood informational meeting to receive feedback
from the neighboring property owners.
Ms. Wischnack commented on the staff recommendations of November
13, 2002 stating there are concerns with the parking lot and access in and
out of the area. She explained parking lots are not typically placed in
residential neighborhoods and the applicants have tried to isolate the
parking lots for this project. She contacted the Edina planning
department and the main issue at their hospice house is the parking
problem since there is only on-street parking. She explained number of
staff on the property is a concern and should be limited by the conditions.
The revised site plan does provide a landscaping plan as requested by
staff. Ms. Wischnack explained the conditional use permit is for the
hospice use only. Any use changes or expansion of the facility would
require another conditional use process. The applicants must coordinate
with the City Forester during construction of the project to ensure the
trees to the rear of the house are not damaged. Applicants are
responsible for obtaining all permits prior to commencing construction and
are responsible for disconnecting the Stearn's property septic system and
connecting to the new sanitary sewer system. Ms. Wischnack stated staff
would recommend tabling the request to December to review the most
recent site plan.
Minutes
Planning Commission - November 19, 2002
Page 3
Discussion followed regarding the revision of the site plan and the staff
recommendations. Ms. Wischnack stated the revised site plan does
address all the recommendations.
Discussion followed on the parking. The consensus was the building
would be a better buffer on the north side of the property. The revised
parking to the south is not intrusive. Ms. Wischnack stated this is a better
excavation plan which will save the trees on the west side of the property.
Architect Jim Haugen commented on the building height and the inside of
the building. He stated there will be a ramp access to the first floor. Staff
will enter the building through the garage. He explained 1,000 sq. ft. of
basement space will be used for office and the remaining 5,500 sq. ft. of
basement for families and storage of supplies.
Discussion followed on the removal of the excess dirt from the property.
Cheryl Dooley, committee member, explained the history of the project
beginning in the Fall of 2002. She stated presently there are 2 hospice
beds in Hutchinson. One is located in the hospital and one in the nursing
home. Ms. Dooley commented on the overwhelming support the
committee has had by the community and they want to be "good
neighbors". She stated they met will staff for a pre-development review
and made revisions again after the neighborhood meeting on November
12, 2002. They would like to begin construction in the Spring of 2003.
She stated construction vehicles will go through the Stearns property.
Ms. Dooley stated they researched the property to the east and found it to
be less desirable that the proposed site. The committee and owners want
the house in a home-like setting. She stated they did visit several
hospice houses in Minnesota.
Pat Bestick, 645 Park Island Dr., commented on his concerns regarding
the process for application, following statutes and following the same
rules throughout the community. He stated the most recent plan is a
better design than before.
Ms. Wischnack commented on questions posed to staff by the
neighborhood and the staff responses.
Discussion followed on the business of ConnectCare in the house.
Ms. Wischnack stated there can be office space in the house as an
accessory use. The question being, is the entire ConnectCare use
accessory to the hospice house. Consensus of staff is regulation of
staffing for the office use.
City Atty. Marc Sebora stated there must be a common sense approach
to the question. He explained there typically is an office involved in
apartment dwellings. He commented on his research of conditional use
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Planning Commission - November 19, 2002
Page 4
permit as viewed by the courts stating courts use a common sense
approach. If a use would make common sense courts will not argue the
conditional use decision. He stated ordinances are written in defense of
the land owner and applicants if applying a common sense approach.
Discussion followed on stipulations for home occupations as opposed to
this request.
Atty. Sebora stated, in his opinion, the office use is accessory to the
hospice house.
Ms. Wischnack explained the missing link in the ordinance is stating an
acceptable size of building and the impact to the neighborhood. She
stated the scale of the operation should be addressed in the ordinance
when it pertains to nursing homes, board and lodging facilities, etc.
Roger Stearns, property owner, stated Connect Care will eventually own
the property under a 501C3 entity. Title transfer will take place after the
first of the year.
Discussion followed regarding the use of the property in the event
hospice would not remain in the house. Mr. Stearns stated the
agreements are written to state the property would revert back to the
Stearn's if the house did not remain hospice.
Mr. Stearns stated 8 of the oak trees will remain on the property.
Leslie Zastre, cancer patient, stated she is terminally ill and would not like
to see the project tabled. She explained many terminally ill patients are
not able to remain at home and do not want to die in the nursing home as
a younger person or in a hospital but in a home-like setting. She stated a
house this size is needed in the community.
Mr. Stearns stated he is not sure tabling the project until December would
delay Spring construction.
Ms. Dooley stated is does take time to line up contractors.
Chairman Arndt stated he does believe the house belongs where
proposed and saving the trees is a donation to the community.
Lori Mittelsteadt, 605 Park Island. Dr., presented a petition to the
Planning Commission signed by homeowners of 7 properties on Park
Island Dr. questioning the business use in the area.
Ms. Wischnack again explained the revised office space plan and the
condition set by staff limiting the number of staff.
Ms. Mittelsteadt voiced concern with the traffic and the business in a
residential area. She commented on the delivery service to the house as
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Planning Commission - November 19, 2002
Page 5
a concern of the neighborhood. She asked the commissioners to
consider all the interests of the neighborhood.
Chairman Arndt commented on the daycare in the neighborhood and
traffic associated with that business.
Ms. Wischnack summarized the petition for the record.
DeeAnn Dicke, Director of ConnectCare, stated there will be a small
amount of equipment in the business. She explained medical supplies
will be stored there. She stated the confusion regarding equipment pick
up by ConnectCare customers stems from the fact Allina medical
equipment shared an office with ConnectCare for a time. Ms. Dicke
stated they do not have pharmaceutical companies coming to
ConnectCare. Staffing will relate to the hospice house and bringing
ConnectCare to the house will be more efficient for the house and the
office. Ms. Dicke believes there would be more traffic if the office were
not in the house.
There was discussion on staff meetings on the site.
Ms. Dicke stated currently there small staff meetings once a month. The
home health aides meet six times per year. Volunteers meet at the
hospital. She explained the staff in the house do the cooking and
cleaning.
Mr. Kirchoff stated there is much information they have not seen before
tonight and would like to table the request to review the information more
closely.
Mark Mittelsteadt asked if there would be laundry trucks, vendors, etc. to
the house and would oxygen be delivered there often.
Ms. Dicke stated oxygen is delivered once every 7 - 10 days by the Allina
van. Laundry is done at the house.
Ms. Otteson stated she is overwhelmed by the amount of information and
would also like another month to review the plans.
Mr. Flaata agrees to waiting another month and stated the plan looks
good.
Mr. Kirchoff moved to continue the hearing and table the request to the
December 17, 2002 meeting. Seconded by Ms. Otteson the motion
carried unanimously.
Ms. Wischnack stated she will ask for an opinion from Atty. Sebora
regarding business uses in the R2 district and staff will respond to the
concerns and re-recommend. Notices of the continued hearing will be
sent to the neighboring property owners.
Minutes
Planning Commission - November 19, 2002
Page 6
4. NEW BUSINESS
a) CONSIDERATION OF LOT SPLIT REQUESTED BY BRIAN BURGESS
LOCATED AT 1383 JEFFERSON ST. S.
Ms. Wischnack commented on the request for a lot split and explained
the topography of the property. She commented on staff
recommendations regarding the 60' width in the middle of the lot. It is
difficult to know where to measure the lot width. Ms. Wischnack stated
the address of the present lot will change and she explained the isolated
structure must be removed or a principal structure constructed within one
year.
There was discussion on the access to the back lot.
Brian Burgess, property owner, addressed the 60' width stating the
north/south lines are not parallel and he would like to keep the remaining
lot with the ability to subdivide in the future. He explained the access to
the back of the new lot and stated the shed will be removed. The
Burgess' intend to build a house on the east section of the lot.
Mr. Kirchoff moved to approve the lot split with staff recommendations.
Seconded by Mr. Haugen the motion was approved with Mr. Fraser
voting nay.
b) DISCUSSION OF SANDWICH BOARD SIGN ORDINANCE
Ms. Wischnack commented on signage issues in the City. She explained
that presently portable signs are illegal and asked the Commissioners if
they would be receptive to amending the ordinance to permit sandwich
board signs. She stated if they would like to change the ordinance the
Downtown committee would be asked to help with the changes. Staff
discussion included sign size, snow removal issues, hours of placement,
etc. She stated the City cannot regulate content.
The consensus of the Planning Commission is to pursue the amendment.
5. OLD BUSINESS
6. COMMUNICATION FROM STAFF
7. ADJOURNMENT
There being no further the meeting adjourned at 7:35 p.m.
8. REOPEN MEETING
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Planning Commission - November 19, 2002
Page 7
Ms. Otteson made a motion to reopen the meeting. Seconded by Mr. Flaata the
meeting was reopened at 7:50 p.m. with Mr. Hantge absent.
Chairman Arndt explained the need to reopen the meeting is to straighten out the
action on the lot split requested by Brian Burgess. The motion was to approve
the request with staff recommendations.
Mr. Kirchoff amended the prior motion to recommend the motion with the
exception of staff recommendation #3 - The north property line must be no
closer than 80 feet from the south property line at any point. Seconded by Mr.
Haugen to amend the prior motion the new motion carried unanimously by a 6-0
vote. Ms. Wischnack stated the request will be placed on the City Council
consent agenda November 26,2002.
The meeting was adjourned at 7:55 p.m.