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12-17-2002 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, December17,2002 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 2. APPROVAL OF MINUTES a) Consideration of Minutes dated November 19, 2002 Ms. Otteson moved to approve the minutes of November 19, 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 reopened the hearing at 5:35 p.m. with the reading of publication #6795 as published in the Hutchinson Leader on November 7, 2002. He stated he would like to act on each item separately beginning with the Preliminary Plat, then Rezoning and last the Conditional Use Permit. Ms. Wischnack commented on the previous meeting and discussions at that meeting. Chairman Arndt asked the 3 abstaining voters to step down. The commissioners abstaining are: Jim Haugen, Brandon Fraser and Robert Hantge. Ms. Wischnack reviewed the most recent site plan and explained the proposed parking. She commented on the Attorney's opinion dated December 5, 2002 regarding the ConnectCare business located in the house and ConnectCare's response dated December 13, 2002. She also commented on the Attorney's opinion dated December 16, 2002 regarding the placement of a hospice house in an R2 district. Minutes Planning Commission - December 17,2002 Page 2 Atty. Sebora explained his response to the office for the hospice house and to ConnectCare business offices. He stated his opinion of the office use in the house as it relates to the hospice use. Atty. Sebora stated the ConnectCare business in his opinion should not be allowed in the hospice house. Ms. Wischnack continued with the staff report explaining the nine recommendations by Planning Staff. Chairman Arndt stated only new information and discussion from the audience must be presented at this continued hearing. Cheryl Dooley, hospice house committee member, commented on the ConnectCare service provided by the Hutchinson and Glencoe hospitals. She stated there are other businesses in residential districts such as the funeral home. Ms. Dooley commented on the number of employees coming to the house which would be a few. Linda Remucal, Hospice Volunteer Coordinator, presented at petition with 284 signatures in support of the hospice facility. She commented on the need for staff to be housed in the facility and the efficient use of staff time and travel if housed at the facility. Discussion followed on the number of staff needed and the receptionist duties. DeeAnn Dicke, Director of ConnectCare, stated every ConnectCare employee will have duties within the hospice facility. Ms. Otteson asked if the building was secured. Ms. Dicke stated it is locked at night with a door bell just like a residential home. Jeff Bennin, 705 Tyler St. SW, stated there is an agreement in his development where fences are not allowed in the backyards. He asked how they could change the agreement in the event he would need a shield from lighting at the hospice house. Atty. Sebora asked if the document was a covenant or subdivision agreement. Ms. Dooley stated there are restrictive covenants on the development on Tyler Street. Atty. Sebora stated a majority of the land owners must agree to change the covenant. Scott Haag, hospice house committee member, stated the committee and the City Forester will work with the neighbors to try to alleviate a lighting problem for the neighbors. Minutes Planning Commission - December 17,2002 Page 3 Ms. Wischnack explained the staff requirement to change the parking lot was to protect the neighboring yards. Mr. Kirchoff commented on the Intent of the Zoning Ordinance to give flexibility to property owners. Ms. Wischnack commented on the staff recommendation of limiting the number of staff. Mr. Kirchoff moved to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:00 p.m. Mr. Kirchoff moved to approve the request for Preliminary Plat with staff recommendations. Seconded by Mr. Flaata the motion carried with a 4-0 vote. Mr. Haugen, Mr. Fraser and Mr. Hantge abstained from voting. Ms. Otteson moved to approve the request for Rezoning from R1 to R2. Seconded by Mr. Flaata the motion carried with a 4-0 vote. Mr. Haugen, Mr. Fraser and Mr. Hantge abstained from voting. Chairman Arndt moved to approve the request for a Conditional Use Permit to allow a hospice house in an R2 district with the following recommendations: 1. Park dedication fees at a rate of $175 per unit for the R2 area, which would equal $1,400 for the hospice home. The R 1 area would be at a rate of $215 per unit. 2. Sewer and Water Access fees at a current rate of $1950 per unit. The rate is one SAC and WAC unit per 3 beds. This would equal $5,199 in 2002. 3. The hospice home CUP is only for that use. If any use changes or expands, the Planning Commission and City Council must review the proposal through an additional CUP process. In the event the Hospice use discontinues, the house can not be used as a multiple family dwelling. The use must be kept hospice or a type of care facility. 4. No large meetings (beyond 10 persons) relating to personnel, shall be held at the home. (This shall exclude items such as open houses, regular use of the home for hospice purposes, etc.) 5. Connect Care must submit their proposal for how they will comply with the Attorney's opinion. 6. The landscaping plan and parking lot must be completed prior to the building obtaining a certificate of occupancy. 7. The applicants are required to coordinate with the City Forester during construction of the project to ensure the trees to the rear of the hospice home location are not damaged. 8. The applicants are responsible for obtaining all building, plumbing and mechanical permitting required for the home, prior to commencing construction. Minutes Planning Commission - December 17,2002 Page 4 9. The applicants are responsible for disconnecting the Stearn's property septic system and connecting to the new sanitary sewer system. 10. A maximum of 3.5 FTEs, 3 R.N.s and occasional home health care personnel (2 per day) is allowed. This kind of standard would ensure that any expansion of the organization would not occur at the property. 11. Retail sales or leasing of goods from the facility is not permitted. 12. ConnectCare will be allowed as a part of the hospice house. Seconded by Mr. Kirchoff the motion carried with a 4-0 vote. Mr. Haugen, Mr. Fraser and Mr. Hantge abstained from voting. b) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 12.20, SUBD. 1 (K) TO CHANGE LANGUAGE REGULATING SUBDIVISION PLATTING REQUIREMENTS Chairman Arndt opened the hearing at 6.05 p.m. with the reading of publication #6982 as published in the Hutchinson Leader on December 5, 2002 and December 10, 2002. Ms. Wischnack explained the need to amend the ordinance to clarify how the process works in platting. She stated issues like weed control would be more controllable with a letter of credit or bonding. Discussion followed on the differences between bonding and letters of credit. Ms. Wischnack stated the amendment will give the City more control over projects. Mr. Hantge moved to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:13 p.m. Mr. Hantge approve the request with staff recommendations. Seconded by Ms. Otteson the motion carried unanimously. 4. NEW BUSINESS a) PRESENTATION BY HUTCHINSON LAND HOLDINGS OF CONCEPTUAL PLANS FOR RESIDENTIAL DEVELOPM ENT LOCATED IN THE SHIMEK ANNEXATION Ms. Wischnack explained the presentation to share ideas and concerns with the developer. She stated the preliminary plat will be brought before the Planning Commission in February. The revised drawing shows ponding on the west side of the property. She commented on the number of lots and units and the additional access to Edmonton Ave. Ms. Wischnack stated one access only will be allowed on Jefferson St. because of the high traffic volume on Jefferson St. She commented on the staff recommendations for the project. Minutes Planning Commission - December 17,2002 Page 5 Marty Campion, Otto and Associates, commented on the revised plan submittal due to requests by staff. He commented on the two revisions. #1 the ponding was to occur with the wetland and they are still looking at that option. #2 would take out two lots to place the pond in the development. Mr. Campion stated they have addressed the tile line locations. He explained the placement of single family and duplex lots. He stated a solution to sanitary sewer off of Edmonton Ave. is to place right of way on the north edge of the plat. Discussion followed on the lots adjacent to ponds. Mr. Campion explained they are looking at mitigating wetland off-site. There has been discussion of a regional pond in the area. Ms. Wischnack commented on drainage concerns by the neighboring property owners the Sitz and Teigland families. Mr. Campion stated the outlots would be owned by the association. Discussion followed on the maintenance of the pond and the outlots. Ms. Wischnack stated the City monitors the pond maintenance. Ms. Wischnack explained the park dedication or park contribution requirement. Discussion followed on parks in the area. Mr. Kirchoff stated he likes the revised plan with the pond. Discussion followed on access for bus traffic. b) APPOINTMENT TO JOINT PLANNING BOARD Mr. Kirchoff moved to recommend Bill Arndt to the City Council to be appointed to the Joint Planning Board by the County Board. Seconded by Mr. Haugen the motion carried unanimously. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF 7. ADJOURNMENT There being no further business the meeting adjourned at 6:40 p.m.