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10-19-1999 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 19, 1999 CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman Bill Arndt at 5:30 p.m. with the following members present: Jim Haugen, Jeff Jones, Dean Kirchoff, and Jeff Haag. Absent: Dave Westlund and Dean Wood. Also present:: Julie Wischnack, Director of Planning and Zoning; and Richard Schieffer, City Legal Counsel. CONSENT AGENDA a) CONSIDERATION OF MINUTES OF SPECIAL MEETING OCTOBER 5, 1999 AND SEPTEMBER 21, 1999 (PUBLIC HEARING NOTES ONLY) Mr. Haag made a motion to approve the minutes. Seconded by Mr. Jones. The motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE AND PARKING REQUIREMENT VARIANCE REQUESTED BY FAITH LUTHERAN CHURCH TO ALLOW THE USE OF A CHURCH IN THE PREVIOUS BETHANY BAPTIST CHURCH BUILDING LOCATED AT 800 GROVE STREET SOUTH IN THE R-2 DISTRICT AND REDUCE PARKING REQUIREMENTS FROM 20 — 25 SPACES TO 17 SPACES Vice Chairman Arndt opened the hearing at 5:30 p.m. with the reading of publication #6068 as published in the The Hutchinson Leader on Thursday, October 7, 1999. Ms Wischnack explained the proposed parking area. The lot is 17,500 feet in size. Staff feels there are identifiable hardships: such as irregular lot configuration and placement of the building on the lot. The placement of the building does not allow an adequate area for parking. This facility was originally a church; therefore a church use seems to match the character of this area. Staff recommends approval of conditional use permit and variance with the following conditions: The parking lot must be paved within one year of the date of this approval. The applicant must contact the building department regarding any alterations or remodeling of the structure. The city reserves the right to review the conditional use permit if complaints or issue arise. Wally Lee, Duane Peterson, Dave Christensen, Randy Freund, representatives for Faith Lutheran were present. An alternative style service will be held on Sunday and other activities during the week are planned for this facility. They would like the parking lot to be rock with cement markers for parking guides. Mr. Kirchoff moved to closed the hearing, seconded by Mr. Haag the hearing closed at 5:45 p.m. Mr. Kirchoff made a motion to recommend approval of the request for the conditional use permit. Seconded by Mr. Jones. The motion carried unanimously. Mr. Haag made a motion to recommend approval of the variance request. Seconded by Mr. Kirchoff. The motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW GRADING WITHIN THE FLOOD FRINGE REQUESTED BY THE CITY OF HUTCHINSON TO CONSTRUCT COMPOST FACILITY ALONG HWY 22 SOUTH Vice Chairman Arndt opened the hearing at 5:45 p.m. with the reading of publication #6070 as published in the The Hutchinson Leader on Thursday, October 7, 1999. Ms. Wischnack explained I -C on a portion of the property was appropriate zoning. City staff has met with neighboring property owners to resolve buffering and zoning issues. In the I -C zone all issues will be required to obtain conditional use permit.. The neighbors present were favored I -C zoning. The City is requesting a conditional use permit to conduct grading within the flood fringe area of the 100 year flood plain. The City plans to purchase flood plain credits. The City will follow the State wetland process. Staff recommends conditional approval of the conditional use permit to grade areas within the flood fringe: 1. The flood plain elevations must be approved by the Federal Emergency Management Agency (FEMA) as discussed in the letter from the DNR Area Hydrologist. 2. The wetland mitigation or purchase of credits must be clarified. City to follow State Wetland banking process. 3. The composting run-off may not directly enter protected waterway; as the drainage will be directed the sanitary sewer system. 4. The existing berm areas on the northeastern portion of the property should not be graded. Additionally, more plantings should be added to increase the screening for the proposed facility. 5. Silt fencing must be utilized throughout construction to ensure no extra sediment enters the river or non - impacted wetland areas. Mr. Kirchoff moved to close the hearing, seconded by Mr. Jones the hearing closed at 5:55 p.m. Mr. Kirchoff made a motion to recommend approval of the request for conditional use permit with staff recommendations and noting State standards for wetlands are to be followed. Seconded by Mr. Jones. The motion carried unanimously. Mr. Kirchoff made a motion to recommend approval of rezoning to I -C and 1-2 as shown on exhibit with staff recommendations. Seconded by Mr. Jones. The motion carried unanimously. C) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON TELEPHONE COMPANY TO ERECT A 300 FOOT COMMUNICATION TOWER LOCATED AT 345 MICHIGAN STREET S.E. Vice Chairman Arndt opened the hearing at 5:57 p.m. with the reading of publication #6071 as published in the The Hutchinson Leader on Thursday, October 7, 1999. Ms Wischnack explained the six month expiration on a previous conditional use permit has lapsed. The conditional use permit was issued in November of 1998, but the structure was never built. The proposed tower with guide lines location is within property owned by the applicant. There will be an equipment building (350 square feet) near the base of the tower. There will be a security fence installed around the base of the tower and the building. The tower will be lighted, as required to meet airport safety regulations. The tower may not be located closer to the street than the principal building location and may not encroach in the required setback areas. The plan meets these criteria. Staff recommends approval of the conditional use permit with the following conditions: 1. The tower must be constructed as provided in the plans. 2. A building permit is required for the footings and foundation of the anchor, tower, and building. 3. The conditional use permit expires 6 months from the date of approval. If the tower has not been constructed within that time period, the owners would be required to reapply for the conditional use permit. Bernie Knutson, neighboring property owner said the tower will be 8 — 10 feet from his property. Issues concerning him were property value, safety, and ice storms creating ice buildup on the tower. A 300' tower should be 300' from his property line. Mr. Knutson recommended denial of the request. Jim Costello, Hutchinson Telephone representative, said the, tower is designed to with stand high winds. The guide lines are well over rated, and the anchors are extensive. The tower will be well lit per FCC requirements. The tower to be installed by Dec 1, 1999 Bernie Knutson would approve free standing away from his property line. Mr. Jones said he wouldlike information from the Pyrod Company, the company building the tower, with the pro and cons for a tower with guide lines and free standing tower. Mr. Costello said the lights on the tower would be similar to lights on the elevator. Rick Kjonnas recommended fencing around guide wires for protection. Staff to notify adjoining property owners of public hearing date of October 25, 1999. Mr. Jones made a motion to recommend table of the request until October 25, 1999 at 5:30 p.m. and Telephone Company to obtain information on the history, towers in other communities, safety and ice issues.., differences between freestanding and guide line towers, and have information available to Mr. Knutson. Seconded by Mr. Haugen. The motion carried unanimously. d) CONSIDERATION OF VARIANCE REQUESTED BY HUTCHINSON UTILITIES TO REDUCE SIDE YARD SETBACK FROM 20' TO 14.5' TO CONSTRUCT ADDITION TO PRESENT BUILDING LOCATED AT 225 MICHIGAN STREET Vice Chairman Arndt opened the hearing at 6:45 p.m. with the reading of publication #6072 as published in the The Hutchinson Leader on Thursday, October 7, 1999. Ms. Wschnack explained the request. The Utility Company is proposing to connect two existing structures in the 1-1 Zoning District. Staff recommends approval of the 5.5 foot variance from the 20 foot setback requirement with the following condition: 1. The building must be constructed as provided in the plans. Mr. Kirchoff moved to close the hearing, seconded by Mr. Jones the hearing closed at 6:45 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Jones. The motion carried unanimously. e) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A 42'X 62' POLE TYPE BUILDING FOR STORAGE LOCATED AT 522 HWY 7 EAST REQUESTED BY JON OTTESON/HAWAIIAN SHAVED ICE Vice Chairman Arndt opened the hearing at 6:47 p.m. with the reading of publication #6073 as published in the The Hutchinson Leader on Thursday, October 7, 1999. Ms. Wischnack explained this property is zoned C-4 and is approximately 1 acre in size. The owners have an existing building to the north of this property. That building is located on a separate parcel. Access to the site is over a private easement. There is a very full row of vegetation to the east of the property. Staff would recommend that area not be disturbed by construction. Staff recommends approval of the conditional use permit with the following conditions. 1. The proposed building must be located on the property as provided in the site plan. 2. Trees must be planted (11-3 or 4 foot evergreens, 2 inch maples) prior to a certification of occupancy being provided to the building. 3. No disturbance of the heavily vegetated area to the east may occur. 4. If utility easements are necessary in the future, the applicant must provide. Jon Otteson, said he is constructing the building to store equipment that is outside now. He would like to postpone planting a buffer zone until they decide what want to do with vacant area on lot. Kenny Schumann, 125 Morningside Dr. NE, does not want any water directed to the east. Currently the drainage is to the south. Otherwise he is in favor of the project. Mr. Jones moved to close the hearing, seconded by Mr. Kirchoff the hearing closed at 7:10 p.m. Mr. Jones made a motion to recommend approval of the request with staff recommendations and the following notation: The tree buffer be planted and parking lot hard surfaced within one year and water drainage reviewed by City engineer. Amendments to the parking lot and buffer schedule to be submitted to the commission prior to one year. Seconded by Mr. Haugen. The motion carried unanimously. 4. NEW BUSINESS 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF 7. ADJOURNMENT Being no further business the meeting adjourned at 7:20 p.m.