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08-19-1997 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 19, 1997 CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Craig, Bill Arndt, Dave Westlund, Jim Haugen, Jeff Haag, and Chairman Wood. Also present: Jim Marka, Director of Building, Planning and Zoning; Bonnie Baumetz, Planning and Zoning; Barry Anderson, City Attorney; and Ken Merrill, Finance Director. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED July 15. 1997 Mr. Arndt made a motion to approve the minutes of the meeting dated July 15, 1997 seconded by Mr. Haag the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF LOT SPLIT AND REZONING FROM C-2 AND R-2 TO R-3 REQUESTED BY RAY TERSTEEG ON PROPERTY LOCATED AT 436 PROSPECT ST. N.E. Chairman Wood opened the hearing at 5:35p.m. with the reading of publication #5063 as published in The Hutchinson Leader on Thursday, August 7, 1997. The request is for the purpose of considering a lot split and rezoning from C-2 and R-2 to R-3 located at 436 Prospect Street N.E. requested by Mr. Ray Tersteeg Jim Marka, Director of Planning and Zoning explained the property location and transitional zoning. He said there is enough area for a seven-plex. The lot split will separate the existing house from the remainder of the lot. The commission said the utility easement should be shown on the registered land survey. Mr. Craig made a motion to close the hearing, seconded by Mr. Arndt the hearing closed at 5:43 p.m. Mr. Craig moved to approve request with staff recommendations, seconded by Mr. Westlund the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RAY TERSTEEG TO CONSTRUCT A 4-PLEX BUILDING LOCATED IN THE PROPOSED R-3 DISTRICT AT 436 PROSPECT ST. N.E. Chairman Wood opened the hearing at 5:44 p.m. with the reading of publication #5064 as published in The Hutchinson Leader on Thursday, August 7, 1997. The request is for the purpose of considering a conditional use permit to construct a 4-plex in a proposed R-3 District at 436 Prospect Street N.E. by Ray Tersteeg. Mr. Craig moved to close the hearing, seconded by Mr. Westlund the hearing closed at 5:44 p.m. Mr. Westlund made a motion to recommend approval of the request noting that the owner submit a registered land survey showing the utility easement, seconded by Mr. Craig the motion carried unanimously. C) CONSIDERATION TO REZONE FROM C-4 TO I/C PROPERTY LOCATED AT 845 HWY 7 REQUESTED BY OTTO TEMPLIN, E&T CONTRACTING Chairman Wood opened the hearing at 5:45p.m. with the reading of publication #5065 as published in The Hutchinson Leader on Thursday, August 7, 1997 The request is for the purpose of rezoning from C-4 to I/C property located at 845 Hwy 7 requested by Otto Templin, E&T Contracting. Bonnie Baumetz, Planning and Zoning explained Mr. Templin's request and said staff recommended approval. to Mr. Marka said we are correcting a possible draftman's error on our zoning map. The Commissioners concluded that the adjoining northerly portion of the adjacent easterly lot owned by Howard Brandon be published for rezoning. Mr. Westlund moved to close the hearing, seconded by Mr. Arndt the hearing closed at 5:55 p.m. Mr. Craig made a motion to recommend approval of the request, seconded by Mr. Arndt the motion carried unanimously. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY OTTO TEMPLIN, E&T CONTRACTING TO CONSTRUCT A 24'X 60' ADDITION ONTO THE EXISTING BUILDING LOCATED AT 845 HWY 7 W. Chairman Wood opened the hearing at 5:55p.m. with the reading of publication #5066 as published in The Hutchinson Leader on Thursday, August 7, 1997 The request is for the purpose of considering a conditional use permit requested by Otto Templin, E&T Contracting, to construct a 24' x 60' addition onto the existing building. Ms. Baumetz explained request and setbacks. Leo Sand, owner of the property adjoining to the north of Mr. Templin's lot had concerns on the outdoor storage and piling of black dirt up to the property line. Mr. Marka said Mr. Sand should file a complaint with his office on the stock piling of dirt and outdoor storage. Mr. Marka suggested Mr. Sand and Mr. Templin work out a compromise. Mr. Templin said the dirt pile has been removed. Mr. Haugen made a motion to close the hearing, seconded by Mr. Westlund the hearing closed at 5:56p.m. Mr. Haugen made a motion to recommend approval of the request, seconded by Mr. Westlund the motion carried unanimously. e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE STATE OF MN FOR CONSTRUCTION OF A 90' RADIO TOWER TO BE LOCATED AT THE HATS FACILITY ON 1400 Hwy 22 S. Chairman Wood opened the hearing at 6:04 p.m. with the reading of publication #5067 as published in The Hutchinson Leader on Thursday, August 7, 1997. The request is for the purpose of considering a conditional use permit for the construction of a 90' radio tower to be located at the HATS facility at 1400 Hwy 22. Ms. Baumetz explained City ordinance provides for a 75' tower. MnDOT is proposing a 90' tower. Planning staff has recommended approval of the application. Bob Prudhomme, Mn/DOT said the tower would provide radio coverage for the dispatch trucks. Mr. Prudhomme said with the state system there is space on tower for the city also. Mr. Haugen moved to close the hearing, seconded by Mr. Craig the hearing closed at 6:08 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Westlund the motion carried unanimously. f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MICHAEL OLSON TO CONSTRUCT AN ADDITION ONTO A NON -CONFORMING GARAGE LOCATED AT 15 -11TH AVE. N. E. Chairman Wood opened the hearing at 6:09p.m. with the reading of publication #5068 as published in The Hutchinson Leader on Thursday, August 7, 1997. The request is for the purpose of considering a conditional use permit requested by Michael Olson to construct an addition onto a non -conforming garage located at 15 -11th Ave. N. E. 2 Ms. Baumetz explained the request stating the planning staff recommended approval. Michael Olson, owner, explained the placement of the existing garage, placement of addition, and driveway entrances. Mr. Olson said the existing utility can be moved if necessary. Mr. Westlund moved to close the hearing, seconded by Mr. Haag the hearing closed at 6:14 p.m. Mr. Haag made a motion to recommend approval of the request. Seconded by Mr. Haugen the motion carried unanimously. g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICK LINDER TO REMOVE EXISTING NON -CONFORMING GARAGE AND CONSTRUCT A 24'X 28' GARAGE TO BE LOCATED AT 435 FRANKLIN ST. S.W. Chairman Wood opened the hearing at 6:14p.m. with the reading of publication #5069 as published in The Hutchinson Leader on Thursday, August 7, 1997. The request is for the purpose of considering a conditional use permit to remove an existing non -conforming garage and construct a 24'x 28' garage to be located at 435 Franklin St. S.W. Ms. Baumetz explained the request, and said the Planning Staff recommends approval. Mr. Marka said the existing garage and proposed garage are 3' from the rear property on an alley. Staff and Street Dept. have no objections. Mr. Arndt made a motion to close the hearing, seconded by Mr. Westlund the hearing closed at 6:18p.m. Mr. Arndt made a motion to approve with staff recommendations, seconded by Mr. Haugen the motion carried unanimously. h) CONSIDERATION OF PETITION FOR A VACATION OF PARK LANE LOCATED IN ROLLING OAKS 4TH ADDITION REQUESTED BY CITY STAFF Chairman Wood opened the hearing at 6:18p.m. with the reading of publication #5073 as published in The Hutchinson Leader on Thursday, August 7, 1997. The request is for the purpose of considering a vacation of Park Lane located in Rolling Oaks 4th Addition. Mr. Marka explained Planning Staff, Park & Rec. Director, City Engineer, and Barry Anderson recommended the vacation of Park Lane but City maintain the 10' easement. The access appears to be unused and is unmarked. John Miller, dedicator of the woods, explained there are other accesses to the Miller's woods. Mr. Miller said the time has come for City of Hutchinson to maintain the woods. Mr. Marka asked to table the request because of issues City was not aware of. Barry Anderson suggested the issue be deferred. Ed Doring, 1282 Rolling Oaks Lane, read a statement giving statics on Miller's woods. He said there are 24 residence propertys abutting Miller's woods only six knew the access was there. Paul Haag, 1288 Rolling Oaks Lane, said he was on the council when the land was donated to City. His personal feeling is that the lane should be left as it is, and have it marked as lane. Dale Smith, 1280 Rolling Oaks Lane, didn't know lane was there and is in favor of leaving as it is. Marie Langholtz, 1200 Rolling Oaks Lane, didn't know path was there would like it to stay as it is. Mike Yerks, 1275 Rolling Oaks Lane, would like it to stay as is. 3 IZO.— Mark Krueger, 1265 Rolling Oaks Lane, didn't realize a path was there, and is in favor of leaving it as is. Mr. Arndt made a motion to close the hearing, seconded by Mr. Westlund the hearing closed at 6:40 p.m. Mr. Arndt made a motion to deny the request, seconded by Mr. Westlund the motion carried unanimously. 4. NEW BUSINESS a) CONSIDERATION OF VARIANCE REQUESTED BY DOUG INSELMAN TO REDUCE FRONT YARD SETBACK FROM 130' TO 85' TO CONSTRUCT AN ADDITION ONTO A NON -CONFORMING HOUSE LOCATED AT 1010 DALE STREET IN LYNN TOWNSHIP. (This property is in the urban boundary district). Mr. Marka said the City is in the process of holding an informational meeting for annexation of this area. The Planning staff recommended Mr. Inselman postpone upgrading septic system. If Mr. Inselman's septic system failed before completion of the city improvement project in his area, he would put in a holding tank or mound system. Doug Inselman has been approved by township, and is looking for approval from the City. He is also looking forward to annexation into the City. Mr. Craig made a motion to approve the request for a variance, noting if City does not extend sewer and water services in 1999, Mr. Inselman upgrade his system.with in 12 months, seconded by Mr. Haugen the motion passed unanimously. b) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY DARYL LUTHENS TO OPERATE A 1,620 ANIMAL UNIT FAMILY DAIRY OPERATION IN SECTION 3 OF HASSAN VALLEY TOWNSHIP. Mr. Marka explained this is a sensitive issue. The Directors felt the feed lot would have an insignificant impact on city residents. In the City's comprehensive plan for the next 20 years this area is zoned agricultural. Growth on the City's east side is projected as industrial and commercial. The city will support township and county decisions. Mr. Marka said the city's role would be advisory. Daryl Luthens explained his land use and current animal units. The permit would allow him to increase up to 900 animal units. Mr. Arndt asked where will animal wastes would be applied. Mr. Luthens said on 720 acres. Mr. Luthens said they have MPCA permit. Wanda Heinecke, representative from Hassan Valley Township, said the township had concerns regarding odor, waste management, wear and tear on the roads, setbacks, and public nuisance. Wanda Heinecke said they may have a stipulation to incorporate the manure in the ground. Lynn Jacobson, resident on Nicole Ave., has noticed the odor this summer, and is also concerned about setbacks. Garnette Marvan, 829 Hilltop Dr. N.E., is concerned about odor. Rich Reznechek, 14485 - 180th St. said Mr. Luthens has been stock piling 300' from his property. Cindy Kramer said she is concerned about odors 0 Wanda Heinecke, resident at 18682 Nickel Avenue, is concerned about saturation of the land that is now infringing on her land, odor within cars, and she cannot have open windows in the summer. Jim Heikes, 15873 Hwy 7, is concerned that Mr. Luthens may no longer have adequate land for manure disposal. Dean Heinecke, 18682 Nickel Avenue, is concerned about ground water contamination, and the size of Mr. Luthens operation, he feels it cannot be considered a family farm. June Redman, 255 Hwy 7 E., said the odor is excessive. Mr. Craig, said he would be concerned not having adequate "owned" land by the farmer to spread manure. Mr. Haag's concern was significant density. Mr. Arndt said it is difficult being a good neighbor and disposing of the manure. Mr. Marka said he would like a list defining criteria to be met for a conditional use permit from the township and county. Mr. Craig made a motion for a favorable recommendation to the county. There being no second the motion failed. Mr. Westlund made motion to recommend no recommendation to county, seconded by Mr. Haag. Roll call vote taken Mr. Westlund, Mr. Haag, Mr. Haugen, and Mr. Wood in favor and Mr. Craig and Mr. Arndt opposing. C) DISCUSSION OF ADDING A SEVENTH MEMBER TO THE PLANNING COMMISSION. Mr. Marka said planning staff recommended commission going back to seven members. Ms. Baumetz said this will be an item on the City Council agenda. d) PLANNING COMMISSION APPOINTMENT TO THE SALES TAX TASK FORCE. Ken Merrill explained the sales tax task force. It will be a 12 -member task force. A member is needed from Planning Commission. There were no volunteers. e) DISCUSSION OF PROPOSED DEVELOPMENT REQUESTED BY JBS INC. (BRADFORDS) Marty Campion, civil engineer for JBS described the townhome and golf course project. They plan to be under construction this fall with town homes and driving range. JBS intends to dedicate the city with a 100 -foot wide strip of land along the west side for an extension of School Road North. Mr. Marka said there should be research of future frontage vs. future assessable infrastrusture costs, change of the comprehensive plan from mid density to low density, planned development district ownership, confirmation of city's position of public ownership vs. private ownership, discussion of utility services, i.e., water consumption including: perpetual cost such as infrastructure maintenance, flow of hydrants, and long term utility repair. Mr. Marka said we should move forward cautiously because this is a new non -typical development. Council needs to look closely at potential nonassessable costs. Mr. Marka suggested that JBS make a preliminary presentation to the council at the August 26 meeting. 5 '? a-- Mr. Craig said JBS would be receiving free advertising as the council would not take action on the request. Ms. Baumetz said she would contact the mayor as he ultimately sets the agenda. 5. OLD BUSINESS a) Update on the Doug Rettke property located at 184 -4th Avenue N.W. Mr. Marka said Mr. Rettke is making progress and recommended no action be taken. b) Review of section 7 of the Zoning Ordinance Review was postponed to the September meeting. 6. COMMUNICATION FROM STAFF Mr. Marka said staff would like a five-year annexation staging plan along with a five-year improvement plan. Both should be driven by sanitary sewer installation. Mr. Baumetz explained the possibility of joint planning funding. Ed Homan, county zoning administrator, will work on getting grant money. 7. ADJOURNMENT There being no further business the meeting adjourned at 8:22 p.m. A