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04-18-1989 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 18, 1989 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, Marlin Torgerson, ElRoy Dobratz, Larry Romo, Tom Lyke and Chairman Craig. Also present: Building Official Jim Marka and City Attorney Barry Anderson. Chairman Craig opened the meeting by welcoming Mr. E1Roy Dobratz unto the Planning Commission. 2. MINUTES Mr. Romo made a motion to approve the minutes of the regular meeting dated Tuesday, March 21, 1989. Seconded by Mr. Lyke the motion carried unanimously. 3. PUBLIC HEARINGS None. 4. NEW BUSINESS (a) CONSIDERATION OF EXTENDING CONDITIONAL USE PERMIT REQUESTED BY CLARK MILLER ON THE A & W RESTAURANT SITE Mr. Romo made a motion to recommend approval of the extention to City Council, seconded by Mr. Torgerson the motion carried unanimously. (b) CONSIDERATION OF FINAL PLAT OT "MAC SUBDIVISION" (2 mile radius) Mr. Torgerson made a motion to recommend approval of the final plat to City Council, seconded by Mr. Lyke the motion carried unanimously. (c) CONSIDERATION OF BEGINNING ANNEXATION PROCEEDINGS ON TRACT NI SECTION 1 LYNN TOWNSHIP OFF OF SOUTH GRADE RD. Mr. Ron Hansen, affected property owner, voiced his opposition to the proposal for many reasons with the main concern being the tax increase. Mr. Warren Nelson, property owner, stated opposition concerning his lot being locked -in from Dale St. and Kay St. Building Official Jim Marka explained staff recommendations for the annexation. Mr. Hansen commented on the fact everything has been platted around his property that can be platted. Discussion followed on the prior annexing of the surrounding property. Mrs. Ron Hansen commented on the annexation proceedings. Discussion followed on "forced annexation". Building Official Jim Marka commented on the issue of the Comprehensive Plan. Chairman Craig commented on the property and the 1 HUTCHINSON PLANNING COMMISSION MINUTES 4/18/89 usage of metered water out -side city limits. City Attorney Barry Anderson stated the city could provide services outside the city siting two possible problems: 1) collection problems could exsist 2) property should be brought into the city for servicing utilities Attorney Anderson also commented on the uniqueness of this situation. Discussion followed on the effect of deferred assessments. Mr. Ebent moved not to proceed with the annexation, seconded by Mr. Torgerson the motion carried unanimously. (d) CONSIDERATION OF BEGINNING (REVISED) ANNEXATION PROCEEDINGS ON THE MCDONALD PROPERTY Mr. Torgerson made a motion to recommend approval of the revised annexation to City Council, seconded by Mr. Gruett the motion carried unanimously. (e) DISCUSSION OF DOUG YERKS RECYCLING PROPOSAL There was no discussion since Mr. Yerks was not present. Mr. Torgerson moved to continue discussion when appropriate information is provided. Seconded by Mr. Romo the motion carried unanimously. 5. OLD BUSINESS (a) DISCUSSION OF BURGER KING SITE Building Official Marka stated it has been one year, ten months since the original plan and rezoning. He commented on information and promises from Mr. Hornick on his plan. City Attorney Anderson commented on the following: 1) a pretrial set in May 2) frustration with Mr. Hornick and his promises 3) filing a Chapter 463 proceeding to fill the open excavation to the north of Gas and Grocery 4) Mr. Hornick's conversations stating development proceedings are beginning with Burger King 5) look at the long-term zoning plan, BRW may propose commercial zoning of the property 6) consider the possibility of the development agreement and possible down -zoning. Discussion followed on the removal of the house on 35 - 4th Ave NW. Mr. Craig Reese, neighboring property owner, voiced objection to giving Mr. Hornick any more time. 2 HUTCHINSON PLANNING COMMISSION MINUTES 4/18/89 Mr. Torgerson moved that the Planning Commission advise the City Council that the yellow house located at 35 - 4th Ave. NW is in violation of the Building Ordinances since it has been vacant more than six months. The house is to be removed and the open excavation filled by May 1, 1989, bringing the lot to a buildable status. Also, the open excavation to the North of Gas and Grocery is to be filled and restored to a buildable condition within 20 days of notice or the city will fill at owners expense. Seconded by Mr. Gruett the motion carried unanimously. Discussion followed on the zoning of the property. Mr. Romo made a motion to recommend that a site plan be available by May 1, 1989, to be considered at the May 16, 1989, meeting or downzoning of the property will begin. Seconded by Mr. Dobratz the motion carried unanimously. (b) BRW UPDATE Building Official Marka stated the proposal was more extensive than the city needs. Discussion followed on contract zoning, and as the growth in Hutchinson is slowing the zoning ordinance should possibly be only partially reviewed. (c) FREEDLAND FENCE PROPOSAL Mr. Freedland was not present for discussion. 6. OTHER BUSINESS Building Official Marka commented on the park land dedication fee by the School. Discussion followed on the school having a public recreation area. The item is to be discussed and recommendation made by the Park Board. There will be a possible conditional use permit application submitted at the May meeting regarding a Bed and Breakfast on Main St. 7. AOJOURMENT There being no further business the meeting was adjourned at 8:40 p.m. 3