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08-19-2003 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 19, 2003 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with the following members present: Jim Haugen, Lynn Otteson, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: Brandon Fraser and Mike Flaata. Also present: Julie Wischnack, AICP, Planning Director, and Lisa McClure, EDA Director 2. APPROVAL OF MINUTES a) Consideration of Minutes dated July 15, 2003 Mr. Hantge moved to approve the minutes of July 15, 2003 as submitted. Seconded by Mr. Haugen. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF ANNEXATION OF 25.86 ACRES REQUESTED BY RODNEY RIEWER, PROPERTY OWNER, LOCATED IN HASSAN VALLEY TOWNSHIP ALONG JEFFERSON STREET S.E. Chairman Kirchoff opened the hearing at 5:33 p.m. with the reading of publication # 7080 as published in the Hutchinson Leader on August 7, 2003. Ms. Wischnack stated that this is an annexation request by the property owner. Some property in this area has already been annexed. Mr. Riewer has asked to be annexed in the past but withdrew his application. This property does abut city property. If the Planning Commission annexes this property by ordinance, an unusual city boundary will be created. Staff has recommended approval of this application. There are come concerns about the timing of when things will take place on the property. Ms. Otteson asked about what the Comp Plan says. Ms. Wischnack stated that the Comp Plan has identified this area as medium density housing and it was slated to happen between 2000 and 2005. South of Southwinds addition will be in the 2005-2010 timeframe. Mr. Haugen asked of the 25 acres proposed to be annexed, how many are developable acres? Ms. Wischnack did not have the most recent Minutes Planning Commission - August 19, 2003 Page 2 survey and stated that some of the property is in the 1 OO-year flood plain. There will be limited Easterly development. Galen Houk - property owner spoke to the Planning Commission. He stated that he does not object to the annexation. Mr. Houk stated that he does not want his property to be annexed by the city. He stated that if there were an attempt to annex his property, it would produce a hardship for him. He asked if the city really does need this property? How do the costs affect the city? He also stated that this is a rural area, there are farm animals, and these are large properties. The land north of his property is going to be subdivided into a couple of parcels. He questioned the density. He asked if this area really should be high density. Mr. Houk stated that this area is farm area. They will be farming early and late, they spray the fields, kick up dusts, and there are smells associated with farms. He hopes that property owners coming into this area would know that and not complain about those issues. Mr. Houk feels there is a lot of room for complaints on this issue. He stated that he has two main points here: first, if he's surrounded, will the City just take his land at anytime? And second, will this cause property values to go down? Mr. Reiwer stated that he saw the opportunity to sell his property and he took that opportunity. Ms. Wischnack clarified that the city may annex Mr. Houk at any time, since his property will now be surrounded on all sides by City property. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:45 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations and to note that this project is part of the Comprehensive Plan for the City. Seconded by Mr. Currimbhoy, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held August 26, 2003 in the Council Chambers at 5:30 p.m. b) CONSIDERATION TO REZONE PROPERTY FROM R2 TO C4 LOCATED AT 222-STH AVE N.W. FOR OFFICE BUILDING SUBMITTED BY STEPHEN GASSER, APPLICANT Chairman Kirchoff opened the hearing at 5:47 p.m. with the reading of publication # 7081 as published in the Hutchinson Leader on August 7, 2003. Ms. Wischnack stated that this is a rezoning request. She showed a picture of the property, as it exists today. This is a church in the R-2 district. Mr. Hantge asked if a new church comes into town, could they be located in the R-1 and R-2 districts? Ms. Wischnack stated that that is correct. It carries a commercial zoning designation. Minutes Planning Commission - August 19, 2003 Page 3 Ms. Wischnack stated that at this time there are both commercial and residential uses in this area. This would be rezoned to a C-4 zoned property, which is a very general zoning district. The proposal by Mr. Gasser is to use the structure as an office complex for his business, Vivid Image, and possibly renting out office space to other businesses. Ms. Wischnack stated that staff recommends approval. It is adjacent to similarly zoned property. Some of the requirements include: paving a 50x50 area along with the driveway, there will be a need for 10 parking spaces, landscaping and other requirements will be dealt with at the time that the permit is issued. Mr. Haugen commented that there are many churches in town that have had an adapted reuse of the building. Ms. Wischnack stated that there has been one letter received opposing this project. Mr. Gasser stated that the office building would house seven offices for his staff. They are a web development company with little or no traffic coming in and out. They have plans to renovate the building. Mr. Kirchoff asked Mr. Gasser if he understood the conditions of this application. Mr. Gasser stated that he does. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 5:55 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Hantge, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held August 26, 2003 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY FLORIAN THODE, PROPERTY OWNER, TO ALLOW OUTDOOR STORAGE ON PROPERTY IN THE 1-1 DISTRICT LOCATED AT 327 HWY 7 EAST Chairman Kirchoff opened the hearing at 5:57 p.m. with the reading of publication # 7082 as published in the Hutchinson Leader on August 7, 2003. Ms. Wischnack stated that this is an application for outside storage. In the 1-1 District it states that storage much be fenced or within a building. There are some houses near the property. HTI, Marshall Concrete and two residences are Mr. Thode's neighbors. Ms. Wischnack stated that Mr. Thode has been cooperative in this matter. The fence has been completed on the property and there is a buffer of vegetation on the property. Mr. Thode has removed many tires and unlicensed vehicles Minutes Planning Commission - August 19, 2003 Page 4 from his property. She asked the Planning Commission, how much outside storage is acceptable? Mr. Hantge stated he thought that all storage in the 1-1 district should be inside. Why does he need a conditional use permit? Ms. Wischnack stated that sometimes there is an allowance for outside storage. In the Industrial Park, for example, it is more acceptable to have outside storage. City does not do regular enforcement on those properties. Laura Wendorf, representing Delauto came to speak to the Planning Commission. She sated that her property is leased by HTI. She asked if there is any commercial zoned property? Ms. Wischnack stated that there is not in this area. Ms. Wendorf asked if there could be residential and commercial uses in Industrial zoned land? Ms. Wischnack stated that if it is that way now, and the use is not changed, that is acceptable. Ms. Wendorf asked if offices are allowed in the 1-1 district. Ms. Wischnack stated that they are allowed. Ms. Wendorf stated that in the 1960's, trees were planted and a fence was put up. Currently the biggest problem on this site is the tires. The tires tumble over onto her property. They collect water and are a haven for mosquitoes. She asked for clarification on whether or not, because there are trees there as a buffer, that Mr. Thode does not need a fence? Ms. Wischnack stated that that decision is up to the Commission. Ms. Wendorf stated that she would be happy if Mr. Thode would keep the tires off her property and keep his property maintained, she would be happy. She asked if Mr. Thode charges a fee for getting rid of the tires? Also, what type of things will be stored, tires and old cars? Ms. Wendorf also wanted to state that she is not against the conditional use permit, she just had questions. She also mentioned that she would like Mr. Thode to control the weeds on his property better. Mark Telecky came to represent his grandmother, Bernie. Mr. Telecky asked what would be stored outside? The fencing is better, it helps the gateway ordinance. He asked if the storage could be moved further back on the property? Mr. Thode addressed the Commission to answer some of the questions. The storage will be for tires, cars, tractors, and equipment. He stated he is trying to clean up his property. He does have a person who comes to pick up the tires; they have not been there yet. Mr. Kirchoff stated that he wants to make sure the property is picked up and stays clean and if they get complaints the City will be doing enforcement. Ms. Otteson asked Mr. Thode whether or not he is out of the tire business. Mr. Thode stated that he is. He stated that not everything will be behind the fence. There will be some outside storage. He also stated Minutes Planning Commission - August 19, 2003 Page 5 that he was unaware that tires had fallen over onto Ms. Wendorf's property. Ms. Otteson asked what is stored in the large containers in the back of his property. Mr. Thode stated that there is water in those containers. Mr. Hantge asked if there are other conditional use permits issued for outside storage. Ms. Wischnack stated that Dick McClure has one, for example. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:20 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Hantge, Ms. Otteson asked to add to the recommendations. She stated that weed control should be part of the requirements for Mr. Thode. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held August 26, 2003 in the Council Chambers at 5:30 p.m. d) CONSIDERATION TO REVOKE CONDITIONAL USE PERMITS GRANTED ON PROPERTIES NOT COMPLYING WITH CONDITIONS SET FORTH IN THE RECORDED RESOLUTIONS Chairman Kirchoff opened the hearing at 6:24 p.m. with the reading of publication # 7083 as published in the Hutchinson Leader on August 7, 2003. Ms. Wischnack stated that there are some enforcement actions that need to be taken. Five permits had fallen behind, there was a letter sent to them from Mr. Sebora, City Attorney, to get people to take action. First issue, 700 Airport Road. This is in progress. Ms. Wischnack stated that there is a gas line running through the property and the meter cannot be fenced in. This was an unknown complication. The conditional use permit was for a car repair shop. The number of cars has been an issue. There has been some vandalism to the cars, causing additional problems. Julie stated that there is part of a fence up. Mr. McRaith is in the process of finishing the fence. Ms. Wischnack stated that the Planning Commission could wait one month and follow up on this with a letter. Mr. Kirchoff asked if this issue can be tabled? Ms. Wischnack stated that it can be. She also stated that this project has come a long way, it looks very good. She made a suggestion to table this item and check back before the September meeting. Mr. Kirchoff said that at least Mr. McRaith is making headway; he is doing a good job. Mr. Hantge asked what the enforcement scenarios are. Ms. Wischnack stated that this is it. They can have this hearing to discuss this issue or charge the person with a misdemeanor. That is not the route Minutes Planning Commission - August 19, 2003 Page 6 she felt the Planning Commission wanted to take. Revoking the conditional use permit is also an option. The Planning Commission requested that the property owner should be present at the September meeting. Mr. Hantge made a motion to table this until September. Ms. Otteson seconded, the motion carried unanimously. Second, Mr. Rolf is requesting to pave over the property line. In the C-5 there are recommended setbacks from property lines. Ms. Wischnack stated that they should provide an allowance to pave over the property line. This property needs to have a paved surface. It should have been completed by June 15, it is not. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen, the hearing closed at 6:40 p.m. Ms. Otteson made a motion to recommend approval of the request to amend the conditional use permit to pave over the property line. Seconded by Mr. Currimbhoy, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held August 26, 2003 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) PRESENTATION OF UPDATED HWY 7 ACCESS MANAGEMENT ORDINANCE BY CINDY CARLSSON, MNDOT Ms. Wischnack introduced Cindy Carlsson representing the Highway 7 Coalition. The ordinance presented by Ms. Carlsson is a cohesive access management ordinance for highway 7 between S1. Bonifacius and Hutchinson. This will need to be adopted by McLeod County and the City of Hutchinson. This is a partnership of MNDOT, County, Cities, and Townships. Ms. Carlsson presented the ordinance and gave examples to the Planning Commission of how this can be used. She stated that this ordinance is needed and the partnerships are needed, because it is the local government units that deal with land use issues. MNDOT does not deal with land use issues; they deal with transportation issues. Ms. Wischnack stated that the Planning Commission would go over this ordinance at the September meeting. b) CONSIDERATION OF SKETCH PLAN OF REPLAT OF ISLAND VIEW HEIGHTS 5TH ADDITION SUBMITTED BY BILL GILK Ms. Wischnack stated that she did receive a sketch of what Mr. Gilk would like to do. Staff has indicated that they approve of the plan, but there are some sewer issues that need to be addressed. This Minutes Planning Commission - August 19, 2003 Page 7 likely will come before the Planning Commission in September for the replat. c) PRESENTATION OF THE DOWNTOWN DESIGN GUIDELINES BY MR. BOB CLAYBAUGH Ms. Wischnack introduced Mr. Bob Claybaugh and Mr. Pete Musty. Mr. Claybaugh and Mr. Musty presented the Downtown Design Guidelines to the Planning Commission. It was stated that these guidelines were developed out of the Downtown Revitalization Master Plan. The Planning Commission will look through and discuss the information presented and then discuss the guidelines in more detail at the October meeting. 5. OLD BUSINESS Mr. Hantge asked Ms. Wischnack about Arby's plans. She stated that the plan was on the City Council agenda on August 12. The reason it was on the regular agenda, and not the consent agenda, was because staff disagreed with the Planning Commission's decision. Ms. Otteson asked about the Dog Kennel ordinance. Ms. Wischnack stated that the City Council overturned the decision and is now looking at a nuisance ordinance. 6. COMMUNICATION FROM STAFF Ms. Wischnack invited the Planning Commissioners to the State Planning Conference in Alexandria in September. She stated that she has more information if anyone would like to see a brochure. 7. ADJOURNMENT There being no further business, the meeting adjourned at 8:30 p.m.