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05-21-1996 PCM c�,n 4 cq-W MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 21, 1996 1. 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 Arndt, Glenn Matejka, Bill Craig, Craig Lenz, Roger Gilmer and Chairman Wood. Members Absent: Dan Prochnow Also Present: Jim Marka, Director of Building, Planning and Zoning and G. Barry Anderson, City Attorney. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED APRIL 16. 1996 Mr. Matejka made a motion to approve the minutes of the meeting dated April 16, 1996, seconded by Mr. Arndt the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TWIN CITY TACO JOHN'S INC. FOR AN ADDITION TO THE DINING ROOM AT TACO JOHN'S LOCATED AT 134 - 4TH AVE. N.W. Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication #4914 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering a conditional use permit requested by Twin City Taco John's Inc. to construct an addition to the dining room at Taco John's located at 134 - 4th Ave. N.W. Director of Building, Planning and Zoning Jim Marka explained the proposal and summarized the request by Taco John's to add a small addition to the present building. This property is in the I/C district requiring a conditional use permit. Discussion followed on the staff recommendations regarding security which is only a recommendation not a criteria. Dale Dynick, Taco John's, was present to answer questions. Mr. Craig moved to close the hearing, seconded by Mr. Arndt the hearing closed at 5:35 p.m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Arndt the motion carried unanimously. b) CONSIDERATION OF VARIANCE REQUESTED BY ERICKSON OIL TO REDUCE DRIVEWAY SETBACK FOR A CAR WASH LOCATED AT 11 - 4TH AVE. N.E. Chairman Wood opened the hearing at 5:39 p.m. with the reading of publication # 4915 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering a variance requested by Erickson Oil to reduce driveway setback for construction of a car wash located at 11 - 4th Ave. N.E. Mr. Marka explained the request which is the same as previously requested one year ago. He stated, since the six month time period has lapsed, Erickson's had to reapply for the variance. There is a private easement with Quade's. Jim explained staff recommendations and stated this is a remodeling of the present building. Tom Harper, Erickson Oil, explained the length of the easement is for one year or if the carwash is not approved the easement would not be in effect. He stated a 2 1 Hutchinson Planning Commission Minutes May 21, 1996 inch water service is more than enough and he has talked to the City Engineer regarding the service. Mr. Marka stated the easement is private between the two parties. City Attorney G. Barry Anderson stated the city can legally require an easement and it should be permanent. Mr. Harper commented on the easement which is a permanent easement. Mr. Craig made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 5:46 p.m. Mr. Lenz made a motion to recommend approval of the request subject to staff recommendations. Seconded by Mr. Matejka the motion carried unanimously. c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY 3M COMPANY TO PLACE SECONDARY UNDERGROUND SPILL CONTAINMENT TANKS AND MODIFY EXISTING TANKS IN THE FLOOD FRINGE LOCATED AT 905 HWY 22 SOUTH Chairman Wood opened the hearing at 5:47 p.m. with the reading of publication #4916 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering a conditional use permit requested by 3M Company to place secondary underground spill containment tanks and modify existing tanks in the flood fringe located at 905 Hwy 22 South. Jim Marka commented on the request which is in the flood fringe and the informational meeting held on May 16, 1996, with 3M representatives, MPCA representatives, DNR Hydrologist, TKDA Engineering and city staff. He commented on a summary of the minutes of the informational meeting. Mr. Marka stated staff recommends approval. He stated the informational meeting was very good for communications and 3M will meet all criteria by city, MPCA, etc. Discussion followed on the chemicals to be stored and the review process. Mr. Marka explained the there is one underground spill containment tank the other tanks are above ground. He also commented the Police Chief is comfortable with the request. Mr. Gilmer made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 5:55 p.m. Mr. Gilmer made a motion to recommend approval of the request subject to staff recommendations seconded by Mr. Lenz discussion followed. Ms. Judy Kopesky, neighboring property owner, voiced concern with the request and requested assurance the property values would not change. She asked what would happen if a spill occurred. There was discussion of the request as a safegaurd to the property. It was requested of 3M to provide toxicity comparisons for public knowledge and information before the council meeting next week. Mr. Bruce Bjerkelund, 3M Engineer Hutchinson and Mr. Aleks Klidzejs, 3M Engineer St. Paul, explained the function of the tanks and what happens if there is a spill. They stated that nothing stays in the underground spill containment tanks permanently. Mr. Marka stated the minutes from the information meeting would be sent to Ms. Kopesky. Mr. Klidzejs summarized the 3 levels of protection. Hutchinson Planning Commission Minutes May 21, 1996 After discussion the motion carried unanimously. Mr. Craig made a motion to direct city staff to obtain data on chemicals before the Council meeting on May 28, 1996, seconded by Mr. Matejka the motion carried unanimously. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY STEVE ARNESON TO MOVE A 1976 ARTCRAFT MOBILE HOME ONTO LOT IN COUNTRY CLUB TERRACE Chairman Wood opened the hearing at 6:05 p.m. with the reading of publication #4917 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering a conditional use permit requested by Steve Arneson to move a 1976 Artcraft manufactured home onto Lot 73 in Country Club Terrace, 448 California St. Mr. Marka stated the manufactured home meets criteria. Mr. Lenz made a motion to close the hearing, seconded by Mr. Arndt the hearing closed at 6:06 p.m. Mr. Lenz made a motion to recommend approval subject to staff recommendations. Seconded by Mr. Arndt the motion carried unanimously. e) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE FOR THE ADDITION OF THE DEFINITION OF MASSAGE SERVICE ESTABLISHMENTS TO BE PERMITTED IN C-3, C-4, 1-1, 1-2 AND I/C Chairman Wood opened the hearing at 6:08 p.m. with the reading of publication #4918 as published in the Hutchinson Leader on Thursday, May 9, 1996. The request is for the purpose of considering an amendment to the Zoning Ordinance for the addition of the definition of Massage Service Establishments to be permitted in C-3, C-4, 1-1, 1-2 and I/C Districts. Mr. Marka commented on City Council approval of the licensing of Massage establishments. He explained it is a formality to place the changes in the ordinance. There are no problems at this time. Mr. Gilmer made a motion to close the hearing, seconded by Mr. Matejka the hearing closed at 6:09 p.m. Mr. Gilmer made a motion to recommend approval of the request. Seconded by Mr. Matejka the motion carried unanimously. f) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE TO ESTABLISH AN NEW ZONING DISTRICT C-5 (CONDITIONAUCOMMERCIAL) TO BE LOCATED IN THE ISLAND BETWEEN HWY 7 AND 3RD AVE. N.W. Chairman Wood opened the hearing at 6:10 p.m. with the reading of publication #4919 as published in the Hutchinson Leader on May 9, 1996. The request is for the purpose of considering an amendment to the Zoning Ordinance to establish a new zoning district C-5 (Conditional/Commercial) between Hwy 7 and 3rd Ave. Mr. Marka explained the request to C-5 from I/C and the history of the area and the transition of the island from residential to commercial. The Hwy. 7 development is not part of the discussion since MN Dot has not determined when or if the change will take place. Mr. Marka stated HCDC proposed this district as commercial. Staff held an informational meeting in July 1995. Another informational meeting was held April 25, 1996, the consensus of those present that evening was positive. 3 Hutchinson Planning Commission Minutes May 21, 1996 Roger Stearns, Stearnswood, commented on prohibiting of outdoor storage of retail and raw materials and also, pole barns are prohibited. Discussion followed on the properties being "grandfathered in" . Mr. Marka stated the change in zoning is not to dictate the presently owned property use. Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:16 p.m.. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Gilmer. Discussion followed to include the "grandfathered in" properties in the language. City Attorney G. Barry Anderson stated the present use is clearly "grandfathered in". The motion carried with Mr. Lenz abstaining. 4. OLD BUSINESS a) CONTINUATION OF CONSIDERATION OF REQUEST BY BRIAN AND BRAD LOKENSGARD TO REZONE PROPERTY IN SECTION 33, HUTCHINSON TWP., FROM AGRICULTURAL TO HWY BUSINESS (B-1) Mr. Marka stated the matter was continued for further information and the staff would recommend to continue as there has been no further information. Mr. Craig made a motion to continue the request one more month only, seconded by Mr. Lenz the motion carried unanimously b) REVIEW OF PROPOSED AMENDMENT TO SHORELAND MANAGEMENT ORDINANCE SECTIONS 2.71 AND 5.22 REGARDING BOATHOUSES Jim Marka commented on the intention of the amendment and pointed out the addition of the structure requirement of 3 ft. doors to prevent a building for boat storage. Discussion followed on the opposition of "shacks" being placed on the properties. It is the consensus of the Planning Commission that gazebos and decks are not the same problem as boat houses. Mr. Marka stated structures must comply with the flood plain ordinances . Discussion followed on the need for a building permit or conditional use permit and the elevation of the structure. Mr. Matejka made a motion to hold a public hearing on the amendment in June, seconded by Mr. Craig the motion carried unanimously. 5.' NEW BUSINESS a) CONSIDERATION OF TWO LOT SPLITS REQUESTED BY WORD OF LIFE OUTREACH CENTER 1) PADEN'S ADDITION Mr. Marka commented on the land use request and the church long range plan. Rev. Hall explained the request for the split to satisfy the investment bank requirements. He stated that in the C-4 zone they are buildable lots if split. Mr. Lenz made a motion to approve the request, seconded by Mr. Arndt the motion carried unanimously 2) HUNTER'S RIDGE Jim Marka commented on the split. Rev. Hall stated the split will create the 5 acre lot and 13 acre lot as requested on the conditional use permit. 4 Hutchinson Planning Commission Minutes May 21, 1996 Discussion followed on the ownership of the properties and the legality of Word of Life to make the split. David Broil stated the council has requested the lot split. City Attorney Anderson stated the lot split may be a recording requirement. Mr. Craig moved to approve the lot split if it is necessary , seconded by Mr. Arndt the motion carried unanimously. 6. COMMUNICATION FROM STAFF a) COMPREHENSIVE PLAN MAPPING Jim Marka commented on the land use and transportation maps handed out for review. He stated there will be a formal presentation prior to the adoption of the plan. b) INFORMATION REGARDING WORKSHOP FOR STAFF, PLANNING COMMISSION AND CITY COUNCIL ON VARIANCE REQUESTS AND THE LAW TO BE PRESENTED BY CITY ATTORNEY G. BARRY ANDERSON After discussion, the planning commission is in favor of the workshop being held on Monday, June 17, 1996, from 7:00 a.m. to 8:30 a.m. C) INFORMATION ON THE SCHOOL CRITERIA TASK FORCE There are representatives for a school criteria task force which may begin meeting in July. d) DISCUSSION OF TURNAROUNDS IN NEW DEVELOPMENTS Mr. Arndt commented on his concerns with turnarounds in the undeveloped areas of the city and questioned the criteria for the new developments. Mr. Marka will research the request with the League of MN Cities and ask Police Chief Steve Madson and Fire Marshal Casey Stotts for input on emergency vehicles access. 7. ADJOURNMENT Being no further business the meeting adjourned at 7:00 p.m. 5