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11-20-1990 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 20, 1990 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, Dean Wood, E1Roy Dobratz, Tom Lyke and Chairman Bill Craig. Members absent: Craig Lenz. Also Present: Building Official Jim Marka, City Engineer John Rodeberg and City Attorney Barry Anderson. 2. MINUTES Mr. Gruett made a motion to approve the minutes of the regular meeting dated Tuesday, October 16, 1990. Seconded by Mr. Dobratz the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONTINUATION OF CONSIDERATION OF REZONING FROM R-2 TO C-4 REQUESTED ON THE WALMART PROPERTY CONTINGENT ON APPROVAL OF WALMART SUBDIVISION PLAT The public hearing for the request is to be continued to the December meeting. (b) CONTINUATION OF CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF WALMART SUBDIVISION The public hearing for the request is to be continued to the December meeting. 4. NEW BUSINESS (a) DISCUSSION OF $5000 CAPITAL EXPENDITURE FOR DETENTION PONDS Building Official Jim Marka commented on the intent of $5000 budgeted for the Comprehensive Plan. The staff discussed using the money to possibly purchase land for detention ponds to develop the Comprehensive Plan. Building Official Jim Marka commented on a low area on Loretta McDonalds land of approximately 5 acres and explained ponding development. Discussion followed on liability of ponds with City Attorney Anderson commenting on the possibilities. Discussion followed on other possibilities pertaining to 1 HUTCHINSON PLANNING COMMISSION MINUTES 11/20/90 drainage problems in the North end of the city. (b) REVIEW WARD HAUGEN SITE PLAN AND PARKING Mr. Ebent asked to abstain from discussion as a Planning Commissioner. Mr. Ward Haugen, owner of CarQuest, commented on the proposed parking and explained the use of the building at this point. He stated the site will be curbed around the entire site for drainage purposes. Discussion followed on the storm sewers available for drainage and the roof drainage to the South. Building Official commented on the calculation of parking spaces with is determined by use of the building. He stated the building could be a three function building thus making the calculating more difficult. Mr. Roland Ebent, neighboring property owner, voiced his concern as not being with the development of the property but how the development is being accomplished. He stated the property should be platted as suggested by the city attorney's letter of October 11, 1990, and the recommendation of the Planning Commission and City Council. Mr. Ebent sited other concerns as follows: * there is no city sewer in the area at this time * easements should be provided for services * subdivision ordinance section regarding conveyance of property * neighboring property owners are prepared to bring suit to stop the granting of the certificate of occupancy unless the property is platted City Attorney Barry Anderson commented on the concerns of Mr. Ebent as follows: * drainage concerns should be addressed before a Certificate of Occupancy is given * City Attorney Anderson addressed the platting concerns and stated the property owners very possibly will begin platting procedures in the near future. However, he explained in his opinion there is not an urgent need to rush into platting since the developers are not ready to sell all the property for a particular use. Building Official Marka stated the Haugen building complies with the zoning ordinance. Platting is for the street right-of-way not the building, he also presented a sketch plan which was completed many years ago. City Attorney Anderson 2Bxplained the building and use of lot is legal and Mr. Ebent's concerns regarding roadway HUTCHINSON PLANNING COMMISSION MINUTES 11/20/90 and utility easements should be addressed with a binding agreement between the affected property owners and brought to a public hearing. Building Official Marka explained staff indicated a public hearing on a sketch plan regarding roadway and utility easements but the building is not an issue, it is in compliance to code. Mr. Lyndon Gernand, neighboring property owner, asked where the road is to be. Discussion followed on platting procedures to service the adjacent property. There should be an understanding with the developer and property owners for the road and utility easements. Mr. Ebent stated he is concerned with the absence of the platting procedure and the drainage. City Attorney Anderson commented the roadway and utility easements are to be resolved before the Certificate of Occupancy is issued. Mr. Haugen stated he is working with the city and adjacent property owner. Mr. Marka stated the city is working with the developer and the project is moving in the right direction. Mr. Haugen stated there would be no problem with platting and will work with the city. Chairman Craig stated his understanding of the problem being as follows: 1) The building is in conformance 2) The procedural problems 3) Supply of essential utilities City Attorney Anderson stated the critical issue is to sure that access and utilities are provided. Chairman Craig commented the commission must abide by the recommendation of the City Attorney that there is no violation of procedure and it is important to make progress with the issues. City Attorney Anderson suggests he will present an outline of the formal agreement to address concerns at the December Planning Commission meeting to avoid misunderstanding of previous development. Mr. Ebent commented the agreement should address road and utility easements. 3 HUTCHINSON PLANNING COMMISSION MINUTES 11/20/90 5. OLD BUSINESS 6. (a) (b) (c) UPDATE OF ZONING ORDINANCE Building Official Jim Marka commented on the status of the Zoning Ordinance stating staff will bring back for Planning Commission review in December. COMMUNICATION FROM STAFF Mr. Marka commented on the Comprehensive Plan update. Some discussion followed on the drainage petition regarding McCuen Creek. HWY 7 ADDRESSING (PARK AND 4TH AVE) Building Official Marka commented on staff discussion regarding the addressing system on Hwy 7. Mr. Wood suggested if a change is to be made it would be best changing at the time the county is updating their addressing system. There being no further business the meeting was adjourned at 9:05 p.m. 0