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12-21-2004 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, December 21,2004 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, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: Lynn Otteson and Brandon Fraser Also present: Julie Wischnack, AICP, Planning Director, Kent Exner, City Engineer and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated November 16,2004 Mr. Hantge moved to approve the minutes of November 16, 2004 as submitted. Seconded by Mr. Flaata. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) RECONSIDERATION OF CONDITIONAL USE PERMIT GRANTED TO STEARNSWOOD REGARDING PAVING OF ACCESS AREAS Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7279 as published in the Hutchinson Leader on December 9, 2004. Mr. Hantge questioned the need for a public hearing on enforcement issues. Ms. Wischnack explained the past reconsideration of non-compliance issues and amending the Conditional Use Permit. Mr. Hantge stated he did not think the Planning Commission should be dealing with enforcements issues. Discussion followed on the temporary permit issued. Ms. Wischnack commented on the options of enforcement which would include review by the Planning Commission and Council and/or the City Attorney. She explained the Planning Commission could amend the Conditional Use Permit to extend the time line for the paving to June 30, 2005. Mr. Stearns, property owner, commented on the major problem of paving. He stated he has scheduled a contractor for the paving. He explained the problems with the ground and the need for the ground to settle before Minutes Planning Commission - December 21, 2004 Page 2 paving. Mr. Stearns stated he has be bid from the contractor which is $17,000. Discussion followed on the extension of the requirement in the previous Conditional Use Permit. Mr. Stearns stated he would like an extension of the requirement to June 30, 2005. He presented the contractor's estimate and a drawing of the scope of work. Discussion followed on the Planning Commission review of non-compliance issues. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:50 p.m. Mr. Flaata made a motion to recommend approval of the request to extend the requirement to June 30, 2005. Seconded by Mr. Haugen. The motion carried with Mr. Hantge voting nay. Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held December 28, 2004 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) CONSIDERATION OF LOT SPLITS LOCATED AT 230 AND 245 OTTAWA AVE. S.E. SUBMITTED BY PAUL BETKER Ms. Wischnack explained the request being the same as last month only different lots. She stated all the requirements were met and commented on the conditions requested by staff as follows: 1. The applicant/owner is responsible for filing all appropriate deeds and recording of the lot splits. 2. All assessments will be split according to the document provided November 5, 2004 (indicates a 50/50 split). Ms. Wischnack reported a variance was granted for lot coverage. Mr. Flaata made a motion to recommend approval of the lot splits with staff recommendations. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be forwarded to the City Council consent agenda for the meeting to be held at 5:30 p.m. on December 28. 2004. b) PRESENTATION OF THE WELLHEAD PROTECTION PLAN Ms. Wischnack commented on the committee formed to draft a Wellhead Protection Plan. Dick Nagy, Water Systems Supervisor, explained the plan is required by the MN Dept. of Health. He reported the first phase is completed and the second phase is more complicated. He explained the plan is required for the protection of the city water supply. Ms. Wischnack summarized the plan and explained they utilized information from the State of MN. The City must verify the wells in operation and abandoned. Mr. Nagy stated the City hired a consultant to identify the well management area. They have determined there is a non-vulnerable aquifer in this area. He stated Planning and Zoning will control or police Minutes Planning Commission - December 21, 2004 Page 3 the plan. He commented on the map showing the size of the aquifer. He explained accurate data was difficult to acquire. There will be a public hearing on the plan. Discussion followed on the sealing of abandoned wells. Ms. Wischnack stated this is a nonfunded mandate from the State. She commented on the possibility of and overlay zoning ordinance for the City and Joint Planning area. c) DISCUSSION OF PAVED PARKING REQUIREMENT Ms. Wischnack explained the present paving requirement at the time of sale or permit application. She commented on the recent requests which triggered the paving requirement. She explained the staff consensus was to leave the ordinance as it is and to identify the properties in noncompliance. She stated there should be communication with the realtors and property owners regarding the requirement. She stated she used cost estimates as used at Creek Side. Mr. Exner stated the minimum extent of paving is required. Ms. Wischnack stated the cost runs around $10,000 according to the sq. ft. costs at Creek Side. Mr. Exner stated the ordinance allows a 2 inch depth. He stated the compost facility is 3 inches. The key is what is underneath. Discussion followed on the MPCA stormwater management requirements. Mr. Hantge stated he would rather have property owners attend their public hearing than the applicant who is renting. Ms. Wischnack stated a note can be added to the application stating the property owner must be present at the public hearing. Discussion followed on the present paving ordinance. Chairman Kirchoff stated the present ordinance is acceptable. Enforcement of the ordinance should be defined and possibly go to the council directly. It was the consensus of the Planning Commission to leave the ordinance as is. Mr. Hantge stated it would be a good idea to inform realtors and have the information at the closing. Ms. Wischnack stated the assessment search would be a good way to inform the property owner. She commented on using the web site. She stated she will provide an inventory of properties involved for the Planning Commission. d) DISCUSS TOUR AND JOINT MEETING WITH CITY COUNCIL Ms. Wischnack stated there will be a joint Hwy 7 work session with the Council on January 18, 2005 at 4:15 p.m. She reported a February joint Minutes Planning Commission - December 21, 2004 Page 4 meeting with the City Council will be held and the Council will chose a date. She explained the Planning Commission should present a list of discussion items with the Council. 5. OLD BUSINESS Ms. Wischnack stated there is a plan of action from the property owner on the 2nd Ave. dilapidated garage. 6. COMMUNICATION FROM STAFF Ms. Wischnack commented on the agenda items for next month which will include the Water Treatment Plant Conditional Use Permit for their expansion project. 7. ADJOURNMENT There being no further the meeting adjourned at 6:45 p.m.