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City of Hastings
Planning Commission Minutes – August 25, 2008 Page 1 of 4
Hastings Planning Commission
August 25, 2008
Regular Meeting
7:00 p.m.
Chair Schmitt called the meeting to order at 7:00 p.m.
Roll Call
1.
Commissioners Present: Peine, McInnis, Schmitt, Stevens, Vaughan, Zeyen
Staff Present: Planning Director John Hinzman
Associate Planner Kari Barker
Approval of Minutes
2. –August 11, 2008
Motion by Commissioner Stevens to approve the August 11, 2008, meeting minutes.
Seconded by Commissioner Vaughan.
Upon vote taken, Ayes 6, Nays 0. Motion carried.
OTHER ACTIONS
Peter & Lynda Peine –
3.Original Hastings Design Standards Review #2008-24 – Siding
th
Substitution – 316 9 Street W. Staff Report by Justin Fortney.
Staff Report presented by Planning Director John Hinzman.
Action by Planning Commission:
Motion by Commissioner Zeyen to recommend approval of the Original Hastings Design
Standards Review for Siding Substitution with the 3 recommended conditions. Seconded by
Commissioner Stevens.
Commission Peine abstained from the vote due to the applicant being a relative.
Upon vote taken, Ayes 5, Nays 0. Motion carried.
PUBLIC HEARINGS
City of Hastings
4.– Preliminary\Final Plat #2008-23 – Riverfront Addition – Replat Block 1 into
a single outlot for future development (no developable lots or building sites).
Staff Report presented by Associate Planner Kari Barker.
City of Hastings
Planning Commission Minutes – August 25, 2008 Page 2 of 4
Chair Schmitt opened the Public Hearing at 7:05. Hearing no comments, the Public Hearing
was closed at 7:05.
Chair Schmitt commented on the legal being messy. Planning Director Hinzman agreed and
stated that was the reason for the replat.
Commissioner Zeyen inquired into the trail easement being recorded separate. Associate
Planner Barker stated that a separate document describing the trail easement will be required
because trail easements cannot be shown on a plat. Planning Director Hinzman stated that
these easements will be recorded with the Final Plat at the County.
Action by Planning Commission:
Motion by Commissioner McInnis to approve the Preliminary and Final Plats for Riverfront
Addition with the proposed trail easements. Seconded by Commissioner Peine.
Upon vote taken, Ayes 6, Nays 0. Motion carried.
City of Hastings
5. – Ordinance Amendment #2007-52 – Adult Use Ordinance.
Staff Report presented by Planning Director John Hinzman.
Chair Schmitt opened the Public Hearing at 7:11.
Kristy Nelson of Tim’s Repair Shop spoke to the issue. Nelson explained that she was a part
of developing the ordinance. She stated that the key items in the ordinance included the
licensing fee along with the renewal of licenses, including licensing everybody including the
dancers. In addition, she stated that prohibiting alcohol on site along with total nudity were
key items.
Nelson stated that the ordinance committee would have preferred to limit hours of operation to
11:00 pm or 12:00 am. However, she explained that the City Attorney did not feel there was a
legal backing for these hours due to bars being allowed to stay open later.
Nelson concluded that a lot of time was spent on the ordinance and she felt that each side
made concessions.
Chair Schmitt closed the Public Hearing at 7:15. He thanked the public for their input on the
ordinance development.
Commissioner Vaughan stated that there were certain distances Adult Uses needed to be from
schools and businesses. He inquired if this included teaching classes. Planning Director
Hinzman stated that there was no differentiation between private and public schools.
Chair Schmitt inquired as to what happens if a school or church located to the center of the
allowed area, throwing the percentages off. Planning Director Hinzman stated the ordinance
City of Hastings
Planning Commission Minutes – August 25, 2008 Page 3 of 4
will be revisited periodically. Chair Schmitt inquired if a regularly scheduled review period
should be put into the ordinance and suggested two years. Planning Director Hinzman agreed
and stated it may go along with Council adoption or be placed in the resolution.
Commissioner McInnis thanked staff for the moratorium and Town Hall meetings. He stated
his satisfaction with the end result. Commissioner McInnis commented that he felt the
prohibition of liquor was a positive aspect of the Ordinance. He stated he agreed with a two
year or maximum of three year review period. Commissioner McInnis stated that a one-year
review period may be excessive.
Commissioner Stevens asked if the Early Childhood Center relocated if that would make more
land available. Commissioner Zeyen questioned if that space was actually a church. Kristy
Nelson stated the space was Elder Care. Planning Director stated that there would still be a
500 foot residential buffer that would need to be met.
Commissioner Stevens asked what the percentage of land was that needed to be available for
Adult Uses. Planning Director Hinzman stated that it is 5%, which is a general number, not a
state law. He further stated that this percentage was based on the comfort level of several
attorneys as lawsuits have been lost on having less than 5% of availability.
Commissioner Stevens asked if the new Ordinance met the percentages. Planning Director
Hinzman stated it did.
Commissioner Stevens inquired about 114.27, Item 4 regarding revocation of licenses for non
sexual offenses. Chair Stevens asked if the words “relating to sexual offenses” should be
added. Planning Director Hinzman agreed it would be a good clarification.
Chair Schmitt stated that a business next door to the Adult Use may serve alcohol. He
recommended changing 114.24 to state that no common walled space can sell liquor.
Chair Schmitt asked if a recommendation was in order. Planning Director Hinzman stated that
a recommendation would be necessary. He further stated that on September 2, a First Reading
and Call for Public Hearing will occur at the City Council Meeting. The Public Hearing will
be held on September 15.
Action by Planning Commission:
Motion by Commissioner Zeyen to approve the Adult Use Ordinance with the comments
discussed. Seconded by Commissioner Vaughan.
Upon vote taken, Ayes 6, Nays 0. Motion carried.
Other Business
6.
Planning Director Hinzman updated the Commission past Council actions and on upcoming
items.
City of Hastings
Planning Commission Minutes – August 25, 2008 Page 4 of 4
Adjournment
7.
Motion by Zeyento adjourn the August 25, 2008, Planning Commission meeting. Seconded
by McInnis.
Upon vote taken, Ayes 6, Nays 0. Motion carried.
The meeting was adjourned at 7:32 p.m.
Respectfully submitted,
_____________________________
Kari Barker
Associate Planner