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06-16-1981 PCM cMINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, JUNE 16, 1981 CALL TO ORDER The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Don Erickson at 7:34 P.M. with the following members being present: Bill Backen, Ted Beatty, Roland Ebent, Larry Romo and Elsa Young in addition to chairman Erickson. Absent: Clint Tracy. Also attending were City Administrator Gary Plotz, Director of Engineering, Marlow Priebe, Building Official Homer Pittman, Fire Marshal George Field and Assistant City Attorney Jim Schaefer. 2. MINUTES The minutes of the regular meeting dated May 19, 1981 were unanimously approved on motion by Ted Beatty and seconded by Elsa Young. 3. PUBLIC HEARINGS (a) CONSIDERATION OF REQUEST FOR CONDITIONAL USE PERMIT SUBMITTED BY MR. JAMES DEMEYER The hearing was opened at 7:35 P.M. by Chairman Erickson with the reading of publication #2763 as published in the Hutchinson Leader on Friday, June 5, 1981. Mr. Jim DeMeyer commented that a few changes had been made from the original proposal such as the driveway had been widened and the distance between the buildings had been increased. Mr. DeMeyer presented letters from area residents indicating they favored the project. They were put in the file for future reference. Mr. Steve Bruhn, 924 Merrill, was present stating he felt it was a good plan. Mr. Roland Ebent pointed out the setback on the north is 22' in a C-4 zone and the requirement is 25'. After discussion and consult- ing with the Assistant City Attorney, it was felt no variance was necessary based on the fact the site is in both a R-3 and C-4 zone and the sideyard in the R-3 portion is only 6'. Mr. George Field, Fire Marshal, also requested a fire hydrant be placed in the center of Heritage Square. The hearing was closed at 7:51 P.M. on motion by Bill Backen. Second- ed by Ted Beatty, the motion carried unanimously. Hutchinson Planning Commission Page 2 June 16, 1981 Mr. Ted Beatty then made the motion to recommend approval to the City Council for the conditional use permit request providing a fire hydrant is placed in the center of Heritage Square and it should be noted the 22' setback on the north is considered adequate. Seconded by Roland Ebent, the motion unanimously carried. (b) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY RICHARD LARSON FOR "KIMBERLY'S COUNTRY ESTATES" The hearing was opened by Chairman Don Erickson at 7:52 P.M. with the reading of public hearing # 2764 as published in the Hutchinson Leader on Friday, June 5, 1981. Mr. Erickson asked Mr. Plotz to update the Commission on what has happened since the last meeting. Mr. Plotz explained that the PUD which was approved last month by the Commission was tabeled by the Council. They had several requests of Mr. Larson. Meetings were held with residents and park location was discussed. The PUD request was then withdrawn by Mr. Richard Larson. He now is requesting a preliminary plat. A letter has been received from Mr. Larson requesting a variance from the Sub. Ord. #466 for a 40' street right-of-way rather than the required 60' street right-of-way. Mr. Richard Larson commented the park had been provided as requested and that the 40' street right-of-way was in harmony with the rest of the streets in the area. A road to the east was also provided as requested. Mr. John Mlinar, 704 Hilltop Drive, stated he felt more variances were necessary. He felt there were other requirements that were not complied with. Mr. Dave Bruzek, 111 Mark Drive, was concerned about the exit to the East and also felt 40' streets would present a real problem. Mr. Richard Larson used as an example the area of Shady Ridge which has had a lot of development with only one exit and it didn't seem to cause any problem with traffic. This area in fact is much larger than the one he is proposing. Mr. Mlinar referred to section # 5.213 of the Sub. Ord. #466 where it states one exit shall not be permitted. It was determined, however, that Mr. Larson had two exits with a third proposed for the future so this section did not apply to his proposal. Mr. Roman Haas, 113 Mark Drive, questioned if the City had the auth- ority to determine where the roads are to be placed outside of the city limits. Hutchinson Planning Commission Page 3 June 16, 1981 Mr. Ted Beatty explained this is the reason for our Mapped Street Act in which you can designate areas for streets. After being questioned on the subject of fire safety, George Field stated 40' streets were sufficient. Mr. Mlinar referred to Section 5.216 of the Subdivision OrcN nance # 466 where it states residential blocks shall normally be of suf- ficient width for two tiers of lots. He felt with 25' setbacks cars would almost be in the streets that are parked in the drive- ways. Mr. Plotz stated our Director of Maintenance, Mr. Ralph Neumann, was concerned about snow removal. If we have a lot of snow it could be thrown on the cars. Should sidewalks ever be put in that too could be a problem. Mr. Ebent questioned Mr. Larson as to why he chose 40' streets in- stead of 60'. Mr. Larson replied one of the reasons was because of the 40' width streets already in and to keep 10,000 sq. feet per lot. Greater setbacks were then discussed to give more room for cars parked in the driveway. Mr. Lee Stritesky, 709 Hilltop Drive, was concerned about this set- ting a precedent for future developers. Mrs. Ann Haas, 113 Mark Drive, felt the situation at present is not ideal so why continue in this manner. On motion by Elsa Young, the hearing was closed at 8:53 P.M. Second- ed by Ted Beatty, the motion unanimously carried. Mr. Larry Romo then made a motion to recommend approval of the pre- liminary plat contingent upon all front yard setbacks be 35'. Elsa Young seconded the motion and the motion carried with Bill Backen, Ted Beatty, Don Erickson, Larry Romo and Elsa Young voting in favor and Roland Ebent being opposed. (c) CONSIDERATION OF REQUEST FOR A VARIANCE SUBMITTED BY SAYLES WALDRADTH The hearing was opened at 8:55 P.M. by Chairman Don Erickson with the reading of publication # 2765 as published in the Hutchinson Leader on Friday, June 5, 1981. Mr. Waldradth come forth and explained his request stating a new porch was necessary as the old one was rotting. Since the original porch was built the road had been widened. Mr. Waldradth also explained because of the location of his driveway he also needed a variance to build a garage 3' from the sideyard lot line rather than the required 6'. Hutchinson Planning Commission Page 4 June 16, 1981 The variance request is to reduce the front yard setback from 25' to 13.5' and to reduce the sideyard setback from 6' to 3'. No one was present voicing any objection to his requests. Mr. Ted Beatty made a motion to close the hearing at 9:00 P.M. Seconded by Bill Backen, the motion unanimously carried. Mr. Ted Beatty then made a motion to recommend approval to the City Council for the requested variances. Seconded by Elsa Young, the motion carried unanimously. (d) CONSIDERATION OF AMENDMENT TO (PUD) CONDITIONAL USE PERMIT FOR MR. DELMAR PITTMAN "SOUTHDALE APARTMENTS" The hearing was opened at 9:02 P.M. by Chairman Don Erickson with the reading of publication #2766 as published in the Hutchinson Leader on Friday, June 5, 1981. Mr. Plotz explained it was an agreement by the City to close Neal Ave. as a part of the PUD hearing in April 1979. However, it is the request of our Fire Chief, Mr. Lloyd Schlueter, to leave the access as is for better fire protection. At the time of the earl- ier hearing, Mr. Schlueter had not been properly consulted. A petition was presented of signatures of people in favor of leaving it open. Mr. Michael Carls, 915 Neal Avenue, felt that traffic was a problem and was concerned about the safety of children in the area. Mr. Michael Jaster, 815 Neal Avenue, pointed out that the property owner Mr. Pittman had complied with the fence and the playground area but the City had neither put up the "No Parking" signs or closed the Neal Avenue access as was agreed upon. Mr. Orville Kuiken, Mgr. of Southdale Apts., felt the residents of the apartment hardly used this access. A break -away barrier was suggested but it was determined that would be a problem with snow removal. After extensive discussion and numerous suggestions, the hearing was closed at 9:25 P.M. on motion by Elsa Young and seconded by Ted Beatty. The motion unanimously carried. Elsa Young then made a motion to have the access on Neal Avenue remain open with the following conditions: 1) Sign "Fire Lane" be erected; 2) Signs reading "Do not Enter" and "Do not Exit" be erected; and 3) Yellowing of curb along Neal Avenue as well as any other necessary restrictions such as speed bumps if necessary. Seconded by Bill Backen, the motion carried unanimously. Hutchinson Planning Commission Page 5 June 16, 1981 (e) CONSIDERATION OF REQUEST SUBMITTED BY RICHARD SCHMIDTBAUER FOR PRELIMINARY PLAT FOR "SCHMIDTBAUER'S SECOND ADDITION" The hearing was opened at 9:40 P.M. with the reading of publicat- ion # 2767 as published in the Hutchinson Leader on Friday, June 5, 1981. Mr. James Black, 15 Century Avenue, inquired why two hearings were held on this. Mr. Priebe, City Engineer, explained the first hearing was for the rezoning only. At the time of the Final plat request all easements will be listed. Mr. Ted Beatty then made a motion to close the hearing at 9:45 P.M. Seconded by Elsa Young, the motion carried unanimously. Mr. Beatty then made a motion to recommend approval to the City Council of the preliminary plat of "Schmidtbauer's Second Addition". Seconded by Bill Backen, it unanimously carried. (f) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 464 SECTION 8 ZONING DISTRICTS & ZONING MAP The hearing was opened at 9:46 P.M. with the reading of publication # 2768 as published in the Hutchinson Leader on Friday, June 5, 1981. Mr. Plotz explained that most of the residentail property that comes into the City is rezoned to R-2 by request. By having it come in as R-2 rather than R-1, it would save having so many hearings. Elsa Young questioned if we would have any future R-1 in the City if we changed it. Mr. Priebe stated if the developer requests R-1 zoning we could hold a hearing at that time. The hearing was closed at 9:48 P.M. on motion by Roland Ebent. Second- ed by Larry Romo, the motion carried unanimously. Mr. Ted Beatty then made a motion to recommend approval to the City Council of the stated change in the zoning ordinance to have annexed areas come into the city as R-2 rather than R-1. Seconded by Elsa Young, the motion unanimously carried. 4. OLD BUSINESS (a) DISCUSSION ON SECTION 9 - ZONING ORDINANCE # 464 (SETBACKS) At the request of staff, this item was tabeled until the July meeting. Hutchinson Planning Commission Page 6 June 16, 1981 (b) REVIEW OF DEVELOPERS DIVERSIFIED LANDSCAPE PLAN AS REQUIRED BY THE SUBDIVISION AGREEMENT Due to the fact the incorrect information was mailed to Mr. Priebe, he requested this item be tabeled until a later date. 5. NEW BUSINESS (a) REVIEW OF PARK DONATION SCHEDULE Mr. Plotz explained the park contribution schedule had not been reviewed for three years. With the rising cost of land it is becoming more difficult to purchase land for parks. He went on to say we are trying to arrive at a dollar figure that is closer to the land value. a 10% increase is proposed. Mr. Schmidtbauer stated if its too cheap you won't have many parks in the City. Elsa Young made a motion to set a public hearing date for the proposed park contribution schedule. Seconded by Ted Beatty, the motion unanimously carried. 6. ADJOURNMENT There being no further business to come before the Board at this time, the meeting was adjourned at 10:10 P.M. on motion by Ted Beatty and seconded by Bill Backen. The motion unanimously carried.