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03-19-1991 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 19, 1991 1. CALL TO ORDER The meeting was called to order by Chairman Bill Craig at 7:30 p.m. with the following members present: Roland Ebent, Clint Gruett'Craig Lenz, ElRoy Dobratz, Tom Lyke, Dean Wood (10:00 p.m.) and Chairman Bill Craig. Also Present: Building Official Jim Marka, City Engineer John Rodeberg and City Attorney Barry Anderson. 2. MINUTES Mr. Dobratz made a motion to approve the minutes of the regular meeting dated Tuesday, February 19, 1991. Seconded by Mr. Gruett the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF PRELIMINARY PLAT OF "NORTH OAK RIDGE" SUBMITTED BY KEVIN COMPTON Chairman Craig opened the hearing at 7:35 p.m. with the reading of publication #4204 as published in the Hutchinson Leader on Thursday, March 7, 1991. The request is for the purpose of considering a preliminary plat to be known as "North Oak Ridge" located in Helland's Addition. Chairman began the hearing by reading correspondence from Mr. Scott Peterson, 1265 7th Ave NW, and paraphrased objections to the plat. Building Official Marka commented on his not being aware of that property as designated park land. Director of Engineering John Rodeberg commented on the changes recommended to limit the number of trees taken down and stated the new drainage proposal would reduce impact of storm water. Building Official Marka stated the developer is working with the City Forester to preserve trees. Mr. Kevin Compton, developer of the, property, commented on his meeting with the Forester. Mr. Marka stated the concerns of Utilities with easements. All is in compliance with the zoning ordinance. 1 HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 There was discussion on drainage to the cul de sac. Mrs. Shari Colvin, 735 Shady Ridge Rd, is concerned with drainage into her lot which is in back of the development. Mr. Rodeberg suggested Lots 3 and 4 be dedicated with walkout basements. Discussion followed on the placement of 2 catch basins currently not on the plan. Mr. Ebent made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 7:45 p.m. Mr. Ebent moved to recommend approval of the preliminary plat subject to staff recommendations of March 5, 1991 as follows: 1. Walk outs approved at plat time. 2. Verify setbacks at rear on cul de sac. 3. Name proposed for cul de sac. 4. Soil boring report required. 5. Park land previously paid with land. 6. Park board approval required. 7. Addresses to be on Final Plat 8. Plat to show garage slab elevation not top of block. 9. All trees 8" in diameter or greater shall be shown. 10. Reduce Carolina St to 32' and add radius at corners. 11. Hydrants to be approved by Fire Marshal. The Utilities issue regarding rear yard easements is to be addressed. Lots 2, 3, and 4 in Block one are to be designated for walkout type homes only. Seconded by Mr. Lyke the motion carried unanimously. (b) CONSIDERATION OF VARIANCE REQUESTED BY MARVIN WILLHITE ON 465 HIGH ST Chairman Craig opened the hearing at 7:47 p.m. with the reading of publication #4205 as published in the Hutchinson Leader on Thursday, March 7, 1991. The request is for the purpose of considering a variance requested by Marvin Willhite located at 465 High St. Building Official Marka commented on original request in 1984 and the ordinance changes later denied for lack of hardship. An option open would be to build an unattached garage and the conclusion or best option would be to process a variance and add an attached garage. He also commented on the removal of one accessory building on the property. K, HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 There was discussion on number of accessory buildings on the property and also the fact the construction is to be begun within 6 months and the applicant should be aware of the proposed zoning ordinance if work is not completed by that time he would comply with the new ordinance. City Attorney Barry Anderson recommended notifying Mr. Willhite by certified letter regarding the 6 month time frame and the removal of one accessory building. Mr. Lyke moved to close the hearing, seconded by Mr. Lenz the hearing closed at 7:53 p.m. Mr—Lenz made a motion to recommend approval contingent on removal of one accessory building also, construction to be completed in 6 months. Seconded by Mr. Lyke the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "SCHOOL DISTRICT PLAT" SUBMITTED BY HUTCHINSON SCHOOL DISTRICT Chairman Craig opened the hearing at 7:55 p.m. with the reading of publication #4206 as published in the Hutchinson Leader on Thursday, March 7, 1991. The request is for the purpose of considering a preliminary and final plat to be known as "School District Plat" submitted by the Hutchinson School District. Atty Neil Jensen, representing the School District, commented on the plat and proposed park. He stated the proposed park was favorable to city staff. There was discussion on the size of the proposed park as opposed to the present park. Director of Engineering John Rodeberg commented that fewer lots developed would mean a smaller park size is necessary. Atty. Jensen stated the property is more usable by the school with the park being moved from the present site. Discussion followed on the cash contribution and the land donation at the time of the Wagner platting. Supt. Glen Matejka commented on park contributions as a school district. Mr. Rodeberg noted that park dedication has been made by the school district in open space for the public. Supt. Matejka commented on accessibility to the school property. 3 HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 Discussion followed on the timeline of developing the platted land and the additional required land necessary as increased number of students are on the property. Mr. Rodeberg explained the requirements of the State so far is to have more land space for additions to either of the schools. Mr. Joe Wesley, 560 Larson St., had questions as to the need to replat property, availability of proposed park verses accessibility of the present park. Director of Engineering Rodeberg commented on the park from the standpoint of Wagner plat now the new plat. He explained the park would better serve the remainder of the Wagner property plat. Building Official Marka stated needed to replat as related to assessments for the present local property owners. City Attorney Anderson explained that the County Recorder requires replatting rather than vacating the streets, this is a legal requirement. Atty. Jensen noted the plat had been replatted already within the Wagner Development. Discussion followed on the plat itself. Atty. Jensen commented on the need for more property by the school district. Supt. Matejka commented on the possibility of more students in the Middle School in the future. Building Official Marka commented on future planning for the school district. There was some discussion on the community growth. Mr. Marka also commented on the amount of park land in Hutchinson and accessibility of the parks. Kevin Cowles, 1115 Goebel St, voiced his concerns and opposition to the plat. He stated he bought the his lot in the Wagner plat because of the park and its size. Nancy Anderson, 1055 Goebel, also voiced her concerns with the park relocation for small children and questioned the property values if school bought the property. Supt. Matejka explained, if at a future date a building would need to be constructed the infrastructure would be an inhibiting factor. Mr. Cowles commented on the ratio the State requires of students to land. Mrs. Brian Brosz, 685 Kay St., stated her concerns were the same as the other neighboring property owners. 4 HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 Brian Brosz asked what Hutchinson's commitment was to a park system. Mr. Marka stated there was no written commitment and he explained the policy when it comes to cash contribution and land donation. Discussion followed on the taxes on the properties and the Wagner property subdivision agreement with the present property owners. There was discussion on the assessment policy and the policy of the city deciding where parks are to be located. Director of Engineering Rodeberg commented on the city budget cuts and that parks would have no development in the next 5 year plan. City Attorney Barry Anderson advised the city not to improve the park if the school district would plan to develop the property. Discussion followed on the protection of options for both the school district and property owners. There was also discussion on the long range planning for the school district and the logical area for the school to expand and how much area the school would need to expand Supt. Matejka explained the property boarders school property and the school has looked at many options. The whole plat will be sodded and used as ball fields. Mr. Lenz made a motion to close the hearing, seconded by Mr. Gruett the hearing closed at 8:55 p.m. Mr. Lenz made a motion to recommend approval of the preliminary and final plat as submitted for school district expansion. Seconded by Mr. Ebent the motion carried. The vote was 4 ayes and 2 nays by Mr. Lyke and Chairman Craig. (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON SCHOOL DISTRICT IN WAGNER DEV. CORP. PLAT Chairman Craig opened the hearing at 8:57 p.m, with the reading of publication 44207 as published the HUTCHINSON LEADER on' Thursday, March 7, 1991. The request is for the purpose of considering a conditional use permit to allow the School District to construct a 28' by 60' building for related special program school improvements located in the present Wagner Corporation Plat to be replatted to the School District Plat. Supt. Matejka commented on the need for a smaller 5 HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 building to house 8-10 special education students outside the school building. He stated the School District preferred option #1 - Lots 1 and 2, Block 6 in Wagners Plat. Discussion followed on the access to utilities for each option. There was discussion on the type of students and ages of students in the facility. These students have emotional/behavioral disorders and are 4th - 9th grades. Building Official Harka commented on the possibility of deferring the decision on the proposal one month. It is the consensus of the Planning Commission to approve the conditional use permit and approve the site in April recommending that Lots 1 & 2 Block 6 in Wagners Plat be excluded in the decision as not an option due to neighboring property owners concerns. Discussion followed on the use of the building in the summer. Supt. Matejka stated the building would be used during school hours and school year. Mr. Dobratz moved to close the hearing, seconded by Hr. Lenz the hearing closed at 9:25 p.m. Hr. Craig made a motion to approve the request subject to the site being approved in April. Seconded by Mr. Gruett the motion carried unanimously. (e) CONSIDERATION TO REZONE FROM R-2 TO I-1 REQUESTED BY HUTCHINSON TECHNOLOGY INC. Chairman Craig opened the hearing at 9:26 p.m. with the reading of publication #4208 as published in the HUTCHINSON LEADER on Thursday, March 7, 1991. The request is for considering a rezoning of property from R- 2 (Residential District) to I-1 (Limited Industrial Park District) located at Hutchinson Technology Inc. Chairman Craig.abstained from discussion of the request due to conflict of interest. Mr. Mike Degner, Hutchinson Technology, explained the rezoning of the property and the project. Building Official Harka explained that property of more than 5 acres does not need to be platted. Mr. Lyke moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 9:32 p.m. Mr. Lyke made a motion to recommend approval of the rezoning. Seconded by L HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 Mr. Lenz the motion carried with one abstaining, Bill Craig. (f) CONSIDERATION OF VARIANCE REQUESTED BY 3M CO Chairman Craig opened the hearing at 9:33 p.m. with the reading of publication 44209 as published in the HUTCHINSON LEADER on Thursday, March 7, 1991. The request is for considering a variance by 3M Company to reduce front yard setback from 50' to 0' on Hwy 22 S. Mr. Frank Mott, 3M Co., introduced the Engineer from 3M St. Paul, who presented the proposal and background on the building. There was discussion on Hwy needs in the future. Mr. Mott commented on permits issued by MN DOT. Discussion followed on the hardship of the property. Mr. Mott stated the hardship is that MPCA mandates the underground storage tanks to be removed. Mr. Lenz moved to close the hearing, seconded by Mr. Lyke the hearing closed at 9:43 p.m. Mr. Lenz made a motion to recommend approval of the variance due to the MPCA mandates as a hardship. Seconded by Mr. Lyke the motion carried with two abstaining votes, Mr. Gruett and Mr. Dobratz. (g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY 3M CO Chairman Craig opened the hearing at 9:44 p.m. with the reading of publication 44210 as published in the HUTCHINSON LEADER on Thursday, March 7, 1991. The request is for the purpose of considering a conditional use permit to allow 3M Company to construct a new addition to building adhesive tanks on Hwy 22 S. Mr. Lenz. moved to close the hearing, seconded by Mr. Lyke the hearing closed at 9:45 p.m. Mr. Lyke made a motion to approve the request. Seconded by Mr. Lenz the motion carried unanimously. (h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY TOM DAGGETT, HUTCH MFG. Chairman Craig opened the hearing at 9:46 p.m. with the reading of publication 44211 as published in the HUTCHINSON LEADER on Thursday, March 7, 1991. The 7 HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 request is for considering a conditional use permit requested by Tom Daggett, Hutchinson Mfg., to allow him to construct a 70' x 240' building for painting and sandblasting at Hutch Mfg. Mr. Daggett explained the changes from the previous two requests and presented a photograph showing placement of the building. He also commented on drainage. Building Official Marka commented on the hard surfacing of parking and outside lay down area. Mr. Lenz moved to close the hearing, seconded by Mr. Lyke the hearing closed at 9:55 p.m. Mr. Lyke made a motion to recommend approval of the request. Seconded by Mr. Lenz the motion carried unanimously. (i) CONSIDERATION OF VARIANCE REQUESTED BY DR. BRUCE RANNOW ON SOUTH GRADE RD Chairman Craig opened the hearing at 9:56 p.m. with the reading of publication #4212 as published in the HUTCHINSON LEADER on Thursday, March 7, 1991. The request is for considering a variance by the owner to reduce side yard setbacks from 25' to 20' and 50' to 49.04' located at 585 South grade Rd. Building Official Marka commented on the history of the proposal being part of the ShopKo relocation project. As the new and old zoning ordinance state 11" is incidental but requires a variance. He also stated the catch basin proposed would take care of drainage. Mr. Marka explained the hardship would be the narrow lot for commercial. City Attorney Anderson commented on the relocation issues. He stated Dr. Rannow has accommodated the relocation procedure, also, that this is a reasonable request. Discussion followed on the procedure and possible violations of procedure followed. Building Official Marka explained the property owner's position. Dr. Rannow stated his business would suffer because of timing in the construction. City Attorney Barry Anderson explained the timing and this property owner's response from the city. He stated 8 HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 Dr. Rannow has made prior efforts to relocated his business. He suggested a public policy issue would be to pass on the decision to the City Council. Mr. Dobratz moved to close the hearing, seconded by Mr. Lenz the hearing closed at 10:15 p.m. Mr. Lyke made a motion to send the request, to City Council with no recommendation. Seconded by Mr. Gruett the motion carried with one abstaining vote by Mr. Wood due to the fact he was not at the entire hearing. There were 4 aye votes and 2 nays, Mr. Lenz and Chairman Craig. (j) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "HOWARD'S ADDITION" SUBMITTED BY WARD HAUGEN Chairman Craig opened the hearing at 10:16 p.m. with the reading of publication #4213 as published in the HUTCHINSON LEADER on Thursday, March 7, 1991. The request is for considering preliminary and final plat of "Howard's Addition" located on Hwy 7 East. Mr. Ebent asked to abstain from voting as he is a neighboring property owner. Building Official Marka commented on the earlier proposal and the platting of the property. City Attorney Anderson commented on the easements and the properties to the West. Mr. Marka commented on easements and the subdivision agreement is to state easements on the remaining property. Mr. Ebent voiced concern with the Developmental Agreement between Lutz Trust/Haugen/City. He suggested to record the agreement prior to the recording of the plat. City Attorney Anderson explained the agreement and the issues yet to be addressed with the Lutz Trust attorney. Mr. Lyke moved to close the hearing, seconded by Mr. Wood the hearing closed at 10:30 p.m. Mr. Lyke made a motion to approve the preliminary and final plat provided the development agreement be filed prior the filing of the final plat. Seconded by Mr. Lenz the motion carried unanimously. 4. NEW BUSINESS 9 HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 (a) UPDATE ON LUTZ/HAUGEN AGREEMENT This item was covered in the previous public hearing. (b) DISCUSSION OF TOWN AND COUNTRY TIRE PARKING SPACES Building Official Jim Harka commented on Mr. Elliott's intent to meet the present variance. He stated there are two changes in the site since the variance approval as follows: 1) the whole area may not be hardsurfaced 2) there are changes in the building plan. The consensus of the Planning Commission was favorable of the intent of the approved variance even with the upgrading of the property. (c) DISCUSSION OF CONSIDERATION OF REZONING FORMER BURGER KING SITE TO R-2 Mr. Lenz commented on the unfilled hole on the property to the North of the convenience store leading to Council discussion to rezone the property back to R-2 It is the consensus of the Planning Commission to direct staff to begin rezoning to R-2. (d) DISCUSSION OF URBAN EXPANSION DISTRICT Building Official Marka commented on the joint meeting of the County/Twp/City on the urban expansion. Mr. Gruett will represent the planning commission at the next joint meeting. (e) REVIEW OF PLANNING FEE SCHEDULE Building Official Marka explained that because of budgeting the city does need to look at raising fees. It is the consensus of the planning commission to set a new fee schedule for review by the commission. (f) DISCUSSION OF AL CHRISTOPHER GARAGE ON JUUL There was discussion of the trees in the back yard as the reason for needing a variance to construct a garage. Staff was directed to research past garage variances as to approvals and rejections. 10 HUTCHINSON PLANNING COMMISSION MINUTES 3/19/91 There is to be more discussion in April on this item. (g) CONSIDERATION OF SKETCH PLAN SUBMITTED BY PETE KASAL, LYNN TWP, 2 MILE RADIUS Mr. Lyke moved to recommend approval of the sketch plan, seconded by Mr. Dobratz the motion carried unanimously. 5. OLD BUSINESS (a) UPDATE OF ZONING ORDINANCE Building Official Marka suggested the City Council review the proposed changes with the Planning Commission or Planning Staff. (b) COMMUNICATION FROM STAFF None. 6. ADJOURNMENT There being no further business the meeting was adjourned at 11:05 P.M. 11