##VIDEO ID:QcD42jW0zk0## e e e e e e e e e uh Welcome to the September 9th Planning Commission meeting uh roll call I see everyone's here Hamma Johnson GMI Fox and noach so the next thing on the agenda would be to approve the agenda so moved second moved by Johnson second by Hemma to approve the agenda any further discussion all in favor say I I we all lied yeah I said I can't remember what I'm supposed to say in that appr yeah say no but we all approve yes okay you can do this Steve um can I get approval of the minutes from August 19th your turn down there motion approve second all in FA motion by noach second by Fox to approve the minutes of August 19th any further discussion all in favor I oppose motion carries I remember what it was good okay next thing on the agenda is the public input uh nobody signed up so we'll dispense with that uh next on the agenda would be a public hearing conditional use permit for a residential eating disorder facility Zach you want to give us a little background yeah not a problem so good evening guys we have an application for a conditional use permit to allow a residential eating disorder facility in the RB Zone 300 Dow Street North for the Recently amended ordinance if you guys recall um rehab centers are allowed via a cup in the B2 Zone and residential facilities are a permitted use in uh all residential zones except for the RB um so in your packet tonight you'll see a list of the permitted and conditional uses all the uses in the RB Zone um it was never stated in writing um but the most obvious assumption is the application tonight would be for a cup under Section 152 608h um believe the applicant and myself are here obviously if you guys have any questions but yeah please share your thoughts on that uh that use uh that being said I'm going to open the public hearing anyone wishing to speak to the request please come forward and give us your name and address on the for the record second call anyone wishing to speak my is my name is Casey cre and I live at 1221 State Street West um I don't know what is going on with the building there has been Lots going on back there recently and I have small children back there who I am concerned about laying them out there with the conditions of not only how it's been looking but as well as what's been going on with the building and garbage flying around even though it's been clean up that building is not an a habitable place to be the conditional use perit I understand that it would be a great thing to have I am all for it if the building were up to code if things were taken care of however at this time I don't see that being a thing that should even be over there until all the problems are addressed with the property itself okay thank you thanks Casey anyone else wishing to address the um request hi Jonathan uh I can address that can I get your Jonathan Catz uh I can address that can I get your address um I don't live here I'm the we get your address okay uh 545 West End Avenue uh New York New York uh yeah I agree the building is not habitable that's part of what why we want to make it into a facility we're going to make it habitable uh we're going to have to do everything in the Minnesota state license to get license for the facility so it is in our plan once we get approval to go ahead and fix the facility okay thank you anyone else wishing to address the public hearing third and last call anybody wishing to address the conditional use permit hearing none I'm going to close the public hearing committee discussion ju in a clarification your understanding Zach is this conditional use permit application does not fit in the RB zoning that is where the old nursing home is um unless there's significant information to prove that they fit under one of the permitted and conditional uses um I guess I haven't I haven't seen that um but yeah um one thing I I've noticed and it's uh I hate you say it wrong but um we just uh worked on this uh Rehab Center Rehab Center ordinance uh is it number 404 is that right is that the number correct okay a couple years ago yes um just passed it in May yeah so um the way I read it and um I think that's kind of what this is is a a a rehab facility um and um I just uh I'm thinking that's we we passed this to make sure that um well not to make sure I don't want to say that um we can uh allow it in other areas of the city but not in this particular area Zach did I say that right right I mean I think at the end of the day um the applicant has to prove that they fit into the r B Zone I mean they're responsible for defining themselves the city can't you know assume or guess what the use is um so if they you know have significant information to say hey this is where we fit under this that's great but we can't go and assume or guess what how the use fits um in that zone Chris see I guess the way that I read it I whether they fit under rehab center or residential facility I don't neither of those fit under the conditional use permit or the the operating procedures for residential business so I don't know I mean it's not defined well but even if you classify yourself under one of those two I don't know how you how we pass this with the current language um which is unfortunate because it seems like a deal but Zack do you want to say something right I think I mean at the when I first kind of introduced it I think the most obvious assumption is that they're going to be applying for they are applying for uh under H in the 152 608 um so it's Hospital similar institution um if the applicant would like to speak on that then maybe that could guide the the board to make a decis decision but again we can't I mean and it's hard to you know guide someone without we need a little little bit more information I think um as to how this would fit in the zone so I think it says it pretty clearly right here on her code it has to be similar to a nursing home group housing doesn't qualif does qualify does not qualify is that right or Hospital sanitarium or similar institutions not including residential rehab centers so it's pretty clearly written the res we we don't allow residential rehab centers that's that's what we did here I think if you uh one of the things you should look at and I did pass out some information under residential rehab center uh it states o or Co accoring disorders right so under the two sheets that I sent out under dis Eating Disorders um one of one of them States Eating Disorders often co-occur with other psychiatric disorders most commonly mood and anxiety disorders obsess obsessive compulsion disorder and alcohol and substance use disorder when we built this ordinance last year this is uh this is exactly what we were talking about y the other thing that I passed out um was another one that first one was out of uh American Psychiatric association this one's out of Psychology today um Eating Disorders frequently occur together with other psychiatric illnesses such as depression substance abuse and or anxiet disorders so when we built what a rehab center is this is exactly what we were talking about y I know there was a lot of concern um with the other one that we had in town and the and the stuff that was going on but this uh when we built this ordinance it took us a year to do it um so so in other words if they'd made the application in a B2 Zone then we could consider it absolutely so if you fight find the correct zoning area then we can look at it but if we if you put it in the wrong zoning area then it's against our code you can get up yeah so I don't think we fall under residential rehab centers uh we are not going to be built to handle detoxes and things like that uh I think we'd fall under the residential facility State licensed which you guys uh have a definition for as uh five or more people whose primary diagnosis is mental illness uh which eating disorder falls under so I mean co-occurring disorders could be just about anything uh but we're not planning Andor going to be capable of handing in substance abuse and or alcohol disorders facility uh like illnesses and issues as we will not have a detox so Zach can you clarify for us not to put you on the spot but say that's the way we we see it at same as them that their residential facility state licens that still can't happen in an RB zone right there's a couple other zones in they're all residential zones this is the only they're all permitted to for uh to have residential facilities this is the only Zone that doesn't permit or even allow by conditional use a residential facility um I know you you know if if if there if you can make an argument that what you're proposing is more align to a hospital that would would fit but um that that's correct yeah R R1 R2 R3 um allow for that but I think we can argue more that we are closer to a Nur nursing home uh where people come in get better and then go out would you be affiliated with a hospital uh we do plan on getting Affiliated once we're up and running but uh the Mayo Clinic is our Dream partnership is your you're representing an organization that uh runs these facilities in other places this will be our first one but uh we do have our team has a extensive history in this they've built for other companies give or take uh 20 such facilities how if you're if you're pardon me but if you're from New York how did you end up in Minnesota because you guys have the Mayo Clinic and the Mayo Clinic is one of the greatest hospitals in America so you don't own the facility currently no is that your tent if we get approval to make the facility yes but you're not affili affiliated with a hospital at this point no further discussion yes Jessie anything um so what's involved with the state license on this process what do you mean by that um you said you'd have to get licensed through the state so is that are you categorized then as a a rehab facility what's the no we wouldn't be categorized as a Rea facility they Define Rea similar to you where it's substance and or alcohol okay so what does the licensing process involve uh inspection of the properties looking over our uh uh what's it called again processes and and all policy and procedures uh going over making sure that we have the right staff ratios depending on our on our client base I guess um I get where you're coming from and I also get where the city is coming from on this um because it really is it's a real thin line here on if if if you get this and you run this it's a in my opinion it's a um a slippery slope right on once once you get up and running and you get permission then um I don't I don't see the city um getting too involved with the the day-to-day activities of this and it becomes a real um um it's easy to all of a sudden sort of switch into a uh a facility that while at the beginning it was going to be this it may morph into something else um you know I I would prefer obviously um that it was just in a different a different zone right I mean it's I'm just going with a facility you know what I'm saying I hear you there's a building there that's meant for I get it I get it can I can I address sorry Hi Bava cats um can I address what you just said about um that it's a slippery slope and can morph into something else um these facilities are very strictly um uh coded and you you there is not any flexibility in what you are a nursing home is a nursing home it cannot be an assisted living an assisted living cannot be an independent living um it's their everything's kind of siloed out and put into their own little box so when we come in and we say that there will be no substance and alcohol abuse um uh disorders there somebody may have had that and recovered but before they come into this facility they have to be recovered because we we will not be equipped um nor um by by Federal Regulation allowed to have those people there so there isn't such a slippery slope as you as you can imagine it's not um you know like it's not like opening up you know uh I I don't know I don't know how kind of example to give you it's not like opening up a school from like you know kindergarten and then all of a sudden having a high school you know what I mean where one kind of goes right into the other here it's two very separate things you have to have two very very different Personnel who who you know Staffing wise who can administer to those type of people and it's just not going to it's not going to go over one to the other um when Jonathan said about being more like a nursing home um what I think he meant was that it's a group of people living together who get the services that they need in order to get back to life um so there will be you know different therapies there there will be that type of thing but there will not be um anything with drug or substance abuse it's just not it's not going to be coded for it in any way okay thank you this is supposed to be our time for discussion oh sorry that's all right we wanted their if there's I mean if there's anything else that I can you know answer so um I thank you for that um uh and I and I understand the philosophy and of of what what we're what you're trying to do um it's it still feels like a rehab facility Maybe not an alcohol and a and a drug rehab facility but it's still right it you guys are a diff slightly different thing but the way that the ordinance is written is it's it's about rehab facilities excuse me so that's I I think where the rub comes as far as not meeting um the ability to be a condition conditional use and I would second what uh do you know it it's not that we don't want the building to be used or actually torn down or rehabbed or something um but we want it to be a use that is compatible to the um um RB Zone that it that it is ex exists in and not that we're don't want your organization to succeed in an eating disorder rehab thing it's not the right zone for it um and I don't even go with the slippery soap I just it's it's not in our language to have it allowed there um at which I'm sorry you know to have to say that but um anything else I'm going to make a motion to recommend approval of resolution 2024 -15 denying a conditional use permit I'll second it motion by gasmi second by Hamma any further discussion all in favor I iOS motion carries and then we'll uh prepare a resolution with Bing the facts of this decision I think Zach already has a in there right Zach got the findings in what he's got the findings in the resolution okay you do it right now okay that moves us on to next meeting what next meeting me inour we have to talk about um our meeting in October uh because that is um a city administrators meeting is that right Neil is that did I say that right City administrators meeting staff meeting staff meeting all the candidates so not seeing a calendar in front of me you want to move it one week back 21 21st of October okay 21st okay is that okay with everybody okay and then so moving on to November actually we could really ask Z that's okay with you we show um moving on to November is U Veterans Day right it is the 11th should we push that back a week two then as supp mat okay with you guys so that would be November 18 18 should work okay anything else anybody wants to bring up for tonight can't we find something to go on until 10 no Monday Night Football U I'm going to make a motion to adjourn second motion by GMI second by Johnson to adjourn all those in favor I I thank you e for