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06-21-2011 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 21, 2011 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Chad Czmowski, Dean Kirchoff, Jim Fahey, Dave Johnston and Chairman Lofdahl. Absent: Christie Rock and Chris Kovacic Also present: Dan Jochum, Planning Director, Marc Sebora, City Attorney, Kent Exner, City Engineer and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated May 17, 2011 Mr. Kirchoff moved to approve the consent agenda as submitted. Seconded by Mr. Johnston, the consent agenda was approved unanimously. 4.PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY SCOTT BAKEBERG, VILLAGE RANCH INC., COKATO MN, TO ALLOW A 10 BED RESIDENTIAL BOYS GROUP HOME LOCATED AT 851 DALE STREET SW Chairman Lofdahl opened the hearing at 5:32 p.m. with the reading of publication #7883 as published in the Hutchinson Leader on Wednesday, June 8, 2011. Mr. Jochum commented on the request and explained that a conditional use permit is required to allow a group home of more than 6 persons. The request is to expand the Village Ranch located in Cokato to provide transitional placement for 10 adolescent males. He stated the R-3 district conditionally permits state licensed residential facilities serving from seven through 16 persons. The house will be staffed 24 hours and the residents will be supervised at all times. There will be minimal traffic on the premises. Staff recommends approval of the request and in reviewing the conditional use permit, the Commission shall consider if the request meets the following standards: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Mr. Jochum stated the lot is in the R-3 zoning district and approximately 2 acres in size. He reported staff discussions were positive as the property is being cleaned up with the renovations. He explained the property was originally an Aveyron group home. Staff recommends approval with the following recommendations: Minutes Planning Commission – June 21, 2011 Page 2 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. Maximum of 10 individuals will be allowed to live in the home. th Neighboring property owner, Mr. David Lahr, 1012 8 Ave. NW, asked for more information regarding the group home and type of residents who will be living at the residence and what offenses have they committed. Mr. Bakeberg stated because of privacy laws he is not allowed to divulge legal information regarding the residents. He explained the Village Ranch is licensed by the State and has been operating in Cokato for 23 years. He stated the kids living at Village Ranch have varying behavioral problems and need guidance and supervision to transition into the next stage of their life. Some of the boys will be in the Hutchinson High School REACH program. The older boys will be looking for jobs and/or going to Ridgewater College. He explained the boys living here are older and have no parental help once they transition out of the program at Cokato. Mr. Bakeberg stated the residents of the home will be an asset to the community. Tobii Ives, 915 Neil Ave SW, neighboring property owner, asked if any of the boys were sexual offenders. Mr. Bakeberg explained they have worked with abused kids and he could say these residents will be a low risk to do harm to anyone else. He stated because of privacy laws he is not allowed to divulge legal information regarding the residents. Ms. Ives asked if neighbors would be notified if there were sexual offenders living there. Mr. Bakeberg explained there is notification if the resident is over 18 years of age. Mr. Bakeberg assured the neighbors that the residents are supervised 24 hours a day, seven days a week. He introduced staff who will be employed at the house in Hutchinson and explained staff is awake during the evening and night hours. They take supervision very seriously and there are alarms on all windows and doors and cameras in the house. Also, none of the residents are allowed to have driver’s licenses. Mr. Fahey made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 5:42 p.m. Mr. Fahey made a motion to recommend approval of the request with staff recommendations 1 and 2. Seconded by Mr. Czmowski, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held June 28, 2011 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154, DEFINITIONS; SECTION 154.004, SEXUALLY ORIENTED BUSINESS (1)(a)(b)(c) and 3(a)(b) Chairman Lofdahl opened the hearing at 5:43 p.m. with the reading of publication #7883 as published in the Hutchinson Leader on Wednesday, June 8, 2011. Mr. Jochum commented on the amendment to the ordinance relating to the percentage of square footage of inventory, floor space and gross revenues for businesses with sexually oriented materials for sale. The changes proposed are similar to the recently amended New Prague ordinance. He reported staff is supportive of the proposed ordinance amendment and recommends approval. He explained after discussing the ordinance amendment with City Attorney Marc Sebora the wording in 3(b) “shall not be physically accessible to minors and” is covered in the City Code Section 131.03 and does not need to be in the zoning section of the code. Mr. Fahey made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 5:47 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations striking out the words in 3(b) “shall not be physically accessible to minors and”. Seconded by Mr. Johnston, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held June 28, 2011, in the Council Chambers at 5:30 p.m. Minutes Planning Commission – June 21, 2011 Page 3 c) CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTION 154.167, VARIANCES Chairman Lofdahl opened the hearing at 5:49 p.m. with the reading of publication #7883 as published in the Hutchinson Leader on Wednesday, June 8, 2011. Mr. Jochum explained the State of Minnesota has amended State law regarding the standards for granting a variance. The law applies to counties, cities and towns with zoning controls. The change applies similar standards to the individual county and municipal planning and zoning statutes. The reason for this ordinance amendment is to make the City of Hutchinson Zoning Ordinance consistent with State law. The major change was that the term “hardship” is now eliminated and allows a zoning authority to issue a variance to a zoning control if there are “practical difficulties”. “Practical difficulties” are described as follows: 1. “The property owner proposes to use the property in a reasonable manner not permitted by an official control; 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; and 3. The variance, if granted, will not alter the essential character of the locality.” A variance may be issued only if it is “in harmony with the general purposes and intent” of the ordinance and consistent with the comprehensive plan. Mr. Jochum reported staff reviewed the proposed ordinance amendment and recommends approval. Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 5:51 p.m. Mr. Johnston made a motion to recommend approval as noted. Seconded by Mr. Kirchoff, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held June 28, 2011, in the Council Chambers at 5:30 p.m. 5.NEW BUSINESS 6.OLD BUSINESS 7.COMMUNICATION FROM STAFF a) COMPREHENSIVE PLAN UPDATE Mr. Jochum gave an update on the progress of the Comprehensive Plan review. He explained there was a public meeting on May 25, 2011, which was lightly attended. He commented on the results of the SWOT exercise at the public meeting which was similar to the steering committee results. He stated there will be themes added to the plan. He encouraged the planning commissioners to spread the word when there are public meetings. 8.ADJOURNMENT There being no further business the meeting adjourned at 5:56 p.m.