Loading...
08-21-2012 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 21, 2012 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: Raymond Norton, Christie Hantge, Bill Arndt, Dean Kirchoff, Dave Johnston and Chairman Lofdahl. Absent: Jim Fahey Also present: Dan Jochum, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated June 19, 2012 Mr. Arndt moved to approve the consent agenda as submitted. Seconded by Mr. Kirchoff. The consent agenda was approved unanimously 4. PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO ALLOW A TATTOO ESTABLISHMENT IN THE C -3 (CENTRAL COMMERCIAL) DISTRICT AT 15 WASHINGTON AVENUE EAST Chairman Lofdahl opened the hearing at 5:31 p.m. with the reading of publication #7949 as published in the Hutchinson Leader on August 8, 2012. Mr. Jochum reminded the Commissioners the zoning ordinance was amended on July 10, 2012, to allow tattoo establishments by conditional use permit in the C -3 District. Mr. Jochum explained Mr. Moulton is now requesting a conditional use permit to allow a tattoo establishment in the C -3 (Central Commercial) district located at 15 Washington Avenue E. which was an existing vacant building owned by Scott Rech, Stix and Brix Inc. of Litchfield, MN. Mr. Moulton is presently operating a body jewelry and piercing business at this location. He states that they intend to provide tattoo and piercing services in accordance with state and local laws. The proposed business hours will be Monday — Sunday from 10:00 am to 7:00 pm. He reported staff finds that the request would meet the requirements of granting a conditional use permit (Section 154.063) and recommends approval subject to the findings and conditions listed in the draft Resolution, including these specific conditions: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The business must remain in accordance with MN State Statues and meet all health standards for tattooing, piercing, body art, or similar services per the State of Minnesota and /or City of Hutchinson regulations. 3. The applicant must provide the City with yearly documentation of State licensure. 4. The applicant must apply for a City of Hutchinson license to operate a tattoo establishment within the City. 5. Any signage for the business will require a sign permit. 6. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. Minutes Planning Commission — August 21, 2012 Page 2 Roger Stearns, 720 Park Island Drive S.W. questioned the need for a conditional use permit in the C -3 District. Mr. Jochum explained the process for this business. Discussion followed on recommendation #3 regarding other businesses in the C -3 district such as beauty shops, etc., not being required to provide documentation of State licensure to the City. Atty. Sebora commented on the City Council discussions regarding the tattoo business. He reported the Council was concerned with State licensure compliance and the need to provide the license information to the City yearly for a tattoo business. Mr. Kirchoff made a motion to close the hearing. Seconded by Ms. Hantge, the hearing closed at 5:37 p.m. Mr. Norton made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Kirchoff, the motion carried 5 ayes to 1 nay. Chairman Lofdahl stated this item will be placed on the City Council regular agenda at their meeting held August 28, 2012 in the Council Chambers at 5:30 p.m. b) CONDITIONAL USE PERMIT TO ALLOW A DOG DAYCARE BUSINESS IN THE C -4 (FRINGE COMMERCIAL) DISTRICT AT 405 CALIFORNIA STREET N.W. Chairman Lofdahl opened the hearing at 5:38 p.m. with the reading of publication #7949 as published in the Hutchinson Leader on August 8, 2012. Mr. Jochum explained the applicant, Adult Training and Habilitation, is requesting a conditional use permit to allow dog daycare services in the C -4 (Fringe Commercial) district at 405 California Street N.W. The building at 405 California St. S.W. is owned by Dr. John Froning and previously had been a veterinary clinic. The business plan states that ATHC would like to start- up a dog daycare that would be open during the weekdays from 7 am - 6 pm. They are proposing an indoor dog run /play area as well as a fenced outdoor run /play area. The proposed placement for an outdoor run would be on the east side of the building and run the entire length of the building. The fence would run east across the property line between 405 California St. S.W. and 427 California St. NW (owned by ATHC). He reminded the Commissioners the zoning ordinance was amended on July 10, 2012, to allow dog daycare businesses by conditional use permit in the C -4 District. He reported staff finds that the request would meet the requirements of granting a conditional use permit (Section 154.064) and recommends approval subject to the findings and conditions listed in the draft Resolution, including these specific conditions: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. If the proposed dog daycare use fails to start business within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 3. If the proposed dog daycare use ceases for more than one year, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 4. ATHC must provide a letter to the City that states the fence going over the property line is acceptable. 5. In the event the dog daycare use changes or either property is sold and the new owner does not want to continue the dog daycare use, the fence must be removed. 6. Pet waste must be cleaned up at least twice per day. 7. Pets are not allowed to be boarded on holidays, weekends, or overnight. 8. The maximum amount of dogs allowed is no more than 12 at any one time. Minutes Planning Commission — August 21, 2012 Page 3 There were questions on recommendation #5 regarding the removal of the fence. Mr. Jochum explained the fence is over the property line and if either property is sold for another use there is potential for a problem with the fence. Discussion followed on the 12 dog limit. There was discussion on the need for recommendation #7 since it was a veterinary clinic which did have dogs overnight. Mr. Jochum stated that a dog daycare is not as intense as a boarding or kennel usage. There was an application for a dog daycare in the C -3 (Central Commercial) District downtown which staff denied because of the lack of space for a dog run. Mr. Arndt made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 5:47 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations amending #5 adding: Any new owners will have an agreement the fence could remain over the property line. 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 August 28, 2012, in the Council Chambers at 5:30 p.m. c) CONDITIONAL USE PERMIT TO ALLOW A LICENSED NURSING HOME TO PROVIDE FOR RESIDENTS WITH DEBILITATING DISEASES LOCATED IN THE R -2 (MEDIUM DENSITY RESIDENTIAL) DISTRICT AT 710 PARK ISLAND DR. SW. (FORMERLY BIRCHWOOD HOSPICE) Chairman Lofdahl opened the hearing at 5:49 p.m. with the reading of publication #7949 as published in the Hutchinson Leader on August 8, 2012. Mr. Jochum commented on the request for a conditional use permit to provide specialized care and support for up to 10 residents suffering from debilitating diseases such as Parkinson's and other movement disorders located in the R -2 (Medium Density Residential) district. Approval of a conditional use permit (CUP) is required in order to allow a licensed nursing home to provide for residents with debilitating diseases located in the R -2 District. He explained the house was originally a hospice home from 2006 - 2011 and has been vacant since July, 2011. There discussion on the limiting the number of full time employees that would be serving this house. Mr. Jochum explained the reason for limiting the number of employees was to allow enough parking for visitors. Discussion followed on limiting expansion for the use. There was a question of ownership. Judy Figge, representing Prairie River Home Care explained they are purchasing the building from ConnectCare. The will partner with a Twin Cities Healthcare facility that works with Parkinson's patients. She reported this type of home is a real need in the rural areas. She stated there is not a large turnover of population. The house will be staffed with a licensed nurse in the daytime and 24 hour home health aides. She explained there will be some support group meetings once a quarter for families of patients. Ms. Figge explained there are other patients that may live there with Muscular Dystrophy, Multiple Sclerosis, ALS and other similar disabilities. Parkinson's is the largest need for this type of facility. There are 11 parking stalls. This use is less intense than the prior use with an office. There was discussion on staffing and shift changes. Ms. Figge stated they have an office in Hutchinson and will not need this building for the office site as was the case with ConnectCare . There will be nurses, PT and OT coming into the facility to work with the patients. The ratio of staff for 10 patients would be 1 to 2 on the night shift which depends on the number of patients. Nursing staff could come in from the office. She explained 5 staff is ample. Discussion followed on the adequate parking. There was a question regarding shuttle service. Ms. Figge reported there will be a vehicle to take residents to appointments. Roger Stearns, neighboring property owner, stated he gave the land to ConnectCare and he knows the prospective owners and they are successful business people who care. He is comfortable with the owners. Mr. Stearns reported he would believe there will not be as much staff traffic in and out of the facility. Minutes Planning Commission — August 21, 2012 Page 4 Tim Jeske, 620 Park Island Drive, questioned the .35 space per bed parking ordinance. He is concerned with visitors parking on Park Island Drive. He questioned the support traffic and safety. Mr. Jeske asked if the City would consider speed bumps on the street to slow down traffic. He reported, in the past, visitors and staff parked on the street and he is concerned with speed and traffic in the area. Mr. Jochum commented on the parking for visitors and the ordinance recommendations. He explained there could be parking on the street as there is from time to time in residential neighborhoods. He reported that this is a different volume of use from the hospice uses. Mr. Arndt commented on the previous discussion at the time of the conditional use permit with the hospice house having an office use creating more traffic. He stated this is the best use for the house. There was a question on a planned name for the facility. Ms. Figge stated the name will be kept Birchwood House since the Birch family was so instrumental in seeing the residence was constructed. She commented on the traffic in a residential area and explained this use can't compare with the previous hospice use and office. She explained that occasionally there will be support group meetings. This is the best use of the building. Ms. Figge again stated they will not move their office to this facility. Discussion followed on the shift lengths. It was noted this use is more specialized than the nursing home or assisted living and patients will stay until the end of life. She commented on the six houses in the Twin Cities for Parkinson's. There will be visits to the facility in Hutchinson to meet the standards. They would like to have an Open House in the Fall and Spring. Mr. Exner commented on the difficulty to change the speed limit which is only for schools. He stated speed bumps are not advised. He suggested the neighbors work with Prairie River Home Care should there are any issues to be resolved. Jason Schmitz, 610 Park Island Dr. SW, commented on the daycare in the neighborhood and traffic especially with the delivery drivers. Mr. Jochum commented on other areas in the community with the same traffic issues. Mr. Schmitz reported he welcomes the home and, as a neighborhood will keep open communication with the home. Mr. Exner stated traffic issues can also be handled with enforcement. Mr. Jochum reported staff finds that the request would meet the requirements of granting a conditional use permit (Section 154.057) and recommends approval subject to the findings and conditions listed in the draft Resolution, including these specific conditions: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. If the proposed nursing home use fails to start business within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 3. If the proposed nursing home use ceases to exist for more than one year, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 4. In the event the use ceases to exist, the house cannot be used as a multiple family dwelling. The use must be kept a type of care facility. 5. A new conditional use permit will be needed if the type of care facility or use of the property were to change in the future. 6. No large meeting (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 care purposes, etc.) 7. A maximum of 5 FTE's is allowed to work at the location at any one time. This standard would ensure that any expansion of the organization would not occur at the property. 8. Retail sales or leasing of goods from the facility is not permitted. Minutes Planning Commission — August 21, 2012 Page 5 9. No office space for Prairie River Home Care or any other business is permitted. Office space incidental to the on -site operation of the facility is allowed. 10. Parking requirements for nursing home is .35 per bed. There appears to be sufficient parking on the premises. 11. Any remodeling necessary at the facility (main floor or basement) will need a building permit and need to meet all State of Minnesota requirements for this type of facility. 12. Directional street signage changes at McDonald Dr./ School Rd. and Park Island Dr. will be at the property owner's expense, should the property owner want signage for the facility. Mr. Arndt made a motion to close the hearing. Seconded by Ms. Hantge, the hearing closed at 6:24 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Hantge, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held August 28, 2012 in the Council Chambers at 5:30 p.m. d) PRELIMINARY AND FINAL 3 LOT PLAT AND VACATION OF EASEMENTS A REPLAT OF MONTREAL PLACE TO BE KNOWN AS MONTREAL PLACE SECOND ADDITION AND SITE PLAN REVIEW OF A DOLLAR TREE DEVELOPMENT IN MONTREAL PLACE SECOND ADDITION Chairman Lofdahl opened the hearing at 6:25 p.m. with the reading of publication #7949 as published in the Hutchinson Leader on August 8, 2012. Mr. Jochum commented on the request by Jacob Wert, Carlton Holdings I, LLC, for a three lot re -plat of Montreal Place, to be known as Montreal Place Second Addition located south of Kwik Trip. The re -plat will include vacating the existing easements and platting new easements on the three lots. The proposed use for lot one of the new plat is a Dollar Tree retail store. A one stop shop was held on July 16th with the developers of the proposed Dollar Tree Store. Staff has reviewed the preliminary and final plat, vacation of easements and site plan and recommends approval of the request with the following recommendations: 1. The applicant shall record the final plat prior to issuance of any building permits for the project. 2. The proposed building and site improvements would comply with the standards of the C -2 district and the Zoning Ordinance. 3. A certified property survey showing the building elevations is required at the time of building permit. 4. SAC and WAC fees will be calculated upon building plan submittal and due at the time of building permit issuance. 5. All signage shall meet the requirements of the C -2 district. Sign permits are required prior to installation of the signage. 6. Exterior lighting must be shielded and shall not cause glare to adjacent properties. Mr. Jochum stated this is a straight forward plat and staff had no concerns. He reported that the site plan would have a north and a south entrance off Montreal Street S.E. There will be a cargo door for delivery in the back of the building. The front would face Hwy 15. He explained the site plan meets the ordinance and the landscaping requirements by staff have been met. There is a shared access point and staff agrees with limiting the amount of accesses. He commented on the on -site parking requirements. Mr. Exner stated he agrees with limiting of access points as brought forward by the applicant. He explained that shared access compromises the setback requirements but, in doing so, Minutes Planning Commission — August 21, 2012 Page 6 meets the green space and landscape requirements. He explained that ponding is accounted for with the large pond on the north side of Edmonton which can accommodate future development. Mr. Norton made a motion to close the hearing. Seconded by Mr. Kirchoff, the hearing closed at 6:33 p.m. Ms. Hantge made a motion to recommend approval of the request with staff recommendations. 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 August 28, 2012 in the Council Chambers at 5:30 p.m. e) PRELIMINARY AND FINAL ONE LOT PLAT AND VACATION OF EASEMENTS TO BE KNOWN AS STONEY POINT RIVERVIEW LOCATED AT 1209 LEWIS AVENUE S.W. Chairman Lofdahl opened the hearing at 6:34 p.m. with the reading of publication #7949 as published in the Hutchinson Leader on August 8, 2012. Commissioner Hantge excused herself to the audience. Mr. Jochum explained the plat will combine three residential lots into one large lot along the South Fork of the Crow River. It was noted the plat will clean up the lot. Easements will also be vacated in the plat and new easements will be platted. The existing house encroaches over a lot line and the plat will clean up the lot lines on the property. The plat will also bring the property into conformance with shoreland issues. He reported the house meets City requirements. Staff has reviewed the preliminary and final plat and vacation of easements and recommends approval of the request with the following recommendations: 1. The applicant shall record the final plat prior to issuance of any future building permits. 2. Any future modifications to the site shall comply with shoreland district requirements. 3. Any future construction on the property must comply with Zoning Ordinance requirements. Christie Hantge, 1210 Lewis Ave. S.W. asked what the plans are for the property. Jim Pauly, representative for Reiter and Schiller, P.A., explained there are plans to market the property. Ms. Hantge asked if they would sell the property as is or complete the house. Mr. Jochum reported that his understanding is to market the property as is. He explained the house meets the zoning and legal requirements. Ms. Hantge stated the concerns by the neighborhood are that the house will not be completed. Mr. Jochum explained the property will be compliant after the plat is approved. He reported the building height, impervious coverage and exterior will be in compliance. Mr. Arndt made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 6:43 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Norton, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held August 28, 2012, in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS a) LOT SPLIT AT 1485 SOUTH GRADE RD Mr. Jochum explained the property owner is requesting a lot split to split the 2.77 acre former building site from the 10.00 acre farmland. He stated the proposed lot split would meet the Minutes Planning Commission — August 21, 2012 Page 7 requirements of the Zoning Ordinance, therefore staff recommends approval with the following recommended findings and conditions: 1. The proposed lot split would meet the standards of the R -1 zoning district. 2. There will be only one access point from South Grade Road to two lots. 3. City water and sewer will be utilized on the site. 4. The lot split must be recorded at McLeod County Recorder's Office within one year of approval by the City. Mr. Jochum has spoken to the property owner and Mr. Wilson, prospective property owner. He explained the access drive will remain as from the previous home by easement. The property will utilize the Bridgewater development drainage and utility easement to get services to the property. Water service will come from Bridgewater Estates. The City will administer the installation of water service agreement with Mr. Wilson to convey the operation to the property owner. Gas and electric will come from South Grade Rd. He explained the location of the present service from the east and west. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. 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 August 28, 2012 in the Council Chambers at 5:30 p.m. 6. OLD BUSINESS 7. COMMUNICATION FROM STAFF Mr. Jochum gave a Comprehensive Plan update to let the Commissioners know there will be a Downtown Plan public meeting from 6 -8 p.m. on September 20th at the Public Arts Center. 8. ADJOURNMENT There being no further business the meeting adjourned at 6:56 p.m.