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10-21-2003 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 21, 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: Brandon Fraser, Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: Also present: Julie Wischnack, AICP, Planning Director and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated September 16, 2003 Mr. Haugen moved to approve the minutes of September 16, 2003 as submitted. Seconded by Mr. Currimbhoy. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY STEPHANIE GUGGISBERG, APPLICANT, FOR DRIVE THRU STACKING AT A 10' X 18' COFFEE KIOSK LOCATED IN THE MENARDS PARKING LOT AT 1525 MONTREAL STREET SE Chairman Kirchoff opened the hearing at 5:32 p.m. with the reading of publication #7107 as published in the Hutchinson Leader on October 9, 2003. Ms. Wischnack commented on the request and the type of building to be constructed on the site. She explained there are no city zoning laws regulating this type of building or use. She explained the location of the building on the parking lot and the need for electric, water and sewer. Natural gas and telephone will not be needed. Ms. Wischnack commented on the staff concerns with the flow of traffic and requirement to stripe the area for direction. She commented on the staff recommendations as follows: 1. No stacking would be allowed on the street. 2. A step down transformer is necessary for the amount of power needed in the kiosk. 3. Sewer, water and electric must be addressed prior to obtaining a building permit. (Separate billing would be required for this use.) Minutes Planning Commission — October 21, 2003 Page 2 4. Location of curbing, striping, signage, etc. need to be determined prior to building permit application. 5. Building code standards must be met by the proposal. 6. Landscaping requirements have been met by the Menard's site development. Discussion followed on disposing of garbage. Ms. Wischnack stated the garbage will be kept inside the building and taken out once a day. Mr. Fraser made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 5:50 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Flaata. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held October 28, 2003 in the Council Chambers at 5:30 p. M. b) CONSIDERATION OF A PETITION TO ANNEX CITY OWNED PROPERTY (WETHERALL PROPERTY - 21.66 ACRES) FOR INDUSTRIAL USE LOCATED IN HASSAN VALLEY TOWNSHIP REQUESTED BY THE HUTCHINSON EDA Chairman Kirchoff opened the hearing at 5:53 p.m. with the reading of publication #7108 as published in the Hutchinson Leader on October 9, 2003. Ms. Wischnack explained the request and the location as it relates to the City limits. She stated the property is owned by the City of Hutchinson and the Economic Development Authority has petitioned for the annexation. This property is to be developed for industrial use. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:58 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Flaata. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held October 28, 2003 in the Council Chambers at 5:30 p.m. c) CONSIDERATION TO VACATE DRAINGE AND UTILITY EASEMENTS REQUESTED BY MIKE MCNELIS, PROPERTY OWNER, 1344 HERITAGE AVE. NW Chairman Kirchoff opened the hearing at 5:59 p.m. with the reading of publication #7109 as published in the Hutchinson Leader on October 9, 2003. Ms. Wischnack explained the request and the fact there is a large telephone line in the easement. Discussion followed on the type of cable and where it is located. Minutes Planning Commission — October 21, 2003 Page 3 Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:05 p.m. Mr. Currimbhoy made a motion to recommend denial as recommended by staff. Seconded by Mr. Hantge. Discussion followed regarding the possibility of relocating the cable. If the cable is relocated, the vacation could again be acted on. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held October 28, 2003 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS ROLLING MEADOWS EAST SUBMITTED BY BRUCE NAUSTDAL Ms. Wischnack commented on the following issues: 1. Resolution of access to on going maintenance required for the ponding areas. Staff has discussed this with the project engineer and there will be provisions in the specifications that indicate a natural, non - maintenance kind of seeding for the ponding areas that are not accessible from the lot. 2. Plans must indicate the trail and sidewalk locations. This still needs to be completed, no utility or street construction may begin prior to the final approval of the City Engineer. 3. If single family homes are built on the south side of the project, additional drainage and utility easements are necessary. The developer understands this provision and will provide separate drainage and utility documents, if necessary. 4. Acknowledgement of the park issues must be submitted by the applicant. The City has received a written acknowledgement. 5. A subdividers agreement will be considered prior to the final plat and then executed at the time of final plat. A grading agreement has already been provided. An additional subdividers agreement will need to be provided prior to the City Council's consideration of the final plat. 6. An updated title opinion must be provided. Ms. Wischnack stated items 1 and 4 have been addressed. Mr. Haugen made a motion to recommend approval of the request with staff recommendations 2, 3, 5 and 6. Seconded by Ms. Otteson. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held October 28, 2003 in the Council Chambers at 5:30 p.m. Minutes Planning Commission — October 21, 2003 Page 4 b) CONSIDERATION TO DETACH PROPERTY FROM CITY LIMITS REQUESTED BY DIANE AND KON SORENSEN (5 ACRES) Ms. Baumetz explained the request and staff discussion on the precedence that could be set by approving the detachment. Ms. Sorensen, property owner, commented on the process she and her husband encountered when they constructed their home on the property outside the city limits. She stated the County Environmentalist suggested the driveway be constructed from the city street. She explained they would like to keep all the property in the township since their property is treated like rural property. Mr. Fraser made a motion to allow for the detachment. Seconded by Mr. Hantge. The motion carried 6 ayes and 1 nay. Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held October 28, 2003 in the Council Chambers at 5:30 p.m. 5. OLD BUSINESS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM DAGGETT, HUTCHINSON MANUFACTURING, REFERRED BACK TO PLANNING COMMISSION BY CITY COUNCIL FOR FURTHER CLARIFICATION Ms. Wischnack commented on the request and correspondence with Mr. Daggett. She explained the process and her discussions with Mr. Daggett. She stated the Planning Commission must act on the request since no formal withdrawal of the request has been made. There is a 60 day time limit when items must be acted on or they are automatically approved. Discussion followed on the screening requirements and the properties. Mr. Flaata made a motion to deny the request based on the letter from Mr. Daggett of 9/18/2003 in which there were concerns with compliance to the previous staff recommendations. Seconded by Mr. Hantge. The motion carried with Mr. Haugen abstaining. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held October 28, 2003 in the Council Chambers at 5:30 p.m. b) DISCUSSION OF HWY 7 ACCESS MANANGEMENT Ms. Wischnack commented on the ongoing Hwy 7 access management process. She stated the access management ordinance could be presented to the Planning Commission in November for action. Discussion followed on concerns with commercial accesses. Minutes Planning Commission — October 21, 2003 Page 5 6. COMMUNICATION FROM STAFF Ms. Wischnack stated the nuisance ordinance will be presented next month. Ms. Wischnack commented on her discussion with Dolf Moon regarding development of parks in the City. Dolf will be asked to give a presentation in November. There was discussion on the upcoming addition to the Century Cinema Theater. 7. ADJOURNMENT There being no further business the meeting adjourned at 7:00 p.m.