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08-19-1986 PCM cI MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 19, 1986 1. CALL TO ORDER The meeting was cal led to order by Chairman Roland Ebent at 7:35 p.m., with the following members present: Marlin Torgerson, Larry Romo, Spencer Beytien and Chairman Ebent. Members absent: Elsa Young, Shu -Mei Hwang, and Thomas Lyke. Also present: Director of Engineering Marlow V. Priebe and City Attorney James Schaefer. 2. MINUTES Mr. Romo made a motion to approve the minutes of the regular meeting dated Tuesday, July 15, 1986. Seconded by Mr. Torgerson, the motion carried unanimously. 3. PUBLIC HEARINGS Chairman Ebent noted that the request as per publication #3600 had been withdrawn and a hearing on that item would not be held at this meeting. (a) CONSIDERATION OF REZONING AS SUBMITTED BY ISD #423 AND CITY Chairman Ebent opened the public hearing at 7:36 p.m. with the reading of publication #3592, as published in the Hutchinson Leader on Thursday, August 7, 1986. The request is for the rezoning o property located on along the east side of Glen Street across from the elementary school from R-2 (Multiple Family Residence) to C-3 (Central Commercial) for the purpose of providing a parking lot for the elementary school, and to further provide an unrestricted rearyard setback for the proposed police department. Director Priebe explained the request, noting that the affected area adjoins property already zoned C-3. Superintendent of Schools, Glen Matejka stated that the school had an option to purchase the property contingent upon the approval of the rezoning. He further stated that they don't intend to fully pursue the project until the summer of 1987. They would eventually blacktop the parking surface, the date depending upon results of soil testing. _ Mr. Louis Brunner, 957 Hayden Avenue, owner of affected property on 125 Glen Street stated his concern about future street assessments for residential property in commercial zoning. Director Priebe explained that as long as the properties remained residential, the assessment for commercial use would be deferred until such time the use of the property became commercial. Mr. Brunner also asked if a variance couldn't be granted, rather than rezoning. City Attorney Schaefer stated that the advantage of rezoning was that it would bring that area into conformance with the city's comprehensive plan. It was also pointed out that a variance cannot 1 N be granted for "use" of a property but applies to setbacks, lot size, etc. Mrs. Florence Saterlee, 130 Washington Ave W, raised a question about Glen Street being the only street in the area that isn't a 9 -ton street. Director Priebe responded that 1st Avenue isn't a 9 -ton street. He further explained that Washington Avenue is a designated truck route because it is a state aid street. Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Beytien, the motion carried unanimously and the hearing was closed at 7:50 p.m. Mr. Torgerson made a motion to recommend to City Council approval of the rezoning as requested. Seconded by Mr. Romo, the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY CLARENCE AND DELORIS FREITAG Chairman Ebent opened the public hearing at 7:50 p.m. with the reading of publication #3593 as published in the Hutchinson Leader on Thursday, August 19, 1986. The request is for a conditional use permit to allow the operation of a boarding and lodging home for the elderly on property located at 615 Brown Street. Mr. Freitag was present to explain that they are doing everything requested by the City necessary for approval of the request. He has submitted a copy of their license from the State of Minnesota, has installed smoke detectors in every bedroom and intends to install an egress window in the basement bedroom as recommended by the Fire Marshal and Building Official. A survey of the property was presented. The parking area was not shown on the survey, but it was the consensus of the commission that there is enough space available for the 6 spaces -required for such an operation. Mr. Freitag also noted that he owns other property nearby that could be used for parking. Director Priebe explained that the parking has to be provided on the lot where the boarding home is in opera- tion. pera- tion. Mr. Freitag further explained that they have only one resident who requires a wheel chair. He stated that the state inspector has told them to not accept any new residents that are bedridden or wheel chair patients. Discussion followed. Chairman Ebent expressed his concern about the density created by this type of use in an R-2 zone. Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Beytien, the motion carried unanimously and the hearing was closed at 8:05 p.m. Mr. Romo made a motion to recommend to City Council approval of the conditional use permit, subject to smoke detectors being installed in each bedroom unit, installation of an egress window in the basement bedroom, the placement of a pipe from safety relief valve on the hot water heater within 6" of the floor, as recommended by the fire marshal, and also subject to a drawing being submitted to staff indicating minimum parking requirements, a gravel surface being completed this year, and a blacktopped surface being completed according to City Ordinance. Seconded by Mr. Torgerson, the motion carried unanimously. (c) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY PURE CULTURE PRODUCTS Chairman Ebent opened the public hearing at 8:06 p.m. with the reading of publication #3594, as published in the Hutchinson Leader on Thursday, August 7, 1986. The request is for a conditional use permit to allow the construction of a 18' by 40' concrete block loading dock addition on property located at 35 Adams St. N. Mr. Dick McClure and Mr. Julius Rainwater were present to explain the request. There was discussion about whether or not the semis unloading will be a traffic hazzard. It was pointed out that the new loading dock will be an improvement, as the loading and unloading will be done faster and the trailers will not extend out into the street right- of-way. The major problem will be the extension into the railroad right-of-way. There was no one at the hearing representing the railroad. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Romo, the motion carried unanimously and the hearing was closed at 8:12 p.m. Mr. Torgerson made a motion to recommend to City Council approval of the conditional use permit as requested. Seconded by Mr. Beytien, the motion carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY FRANCES CANNON Chairman Ebent opened the public hearing at 8:12 p.m. with the reading of publication #3595 as published in the Hutchinson Leader on Thursday, August 7, 1986. The request is for a conditional use permit to allow the moving of a newly constructed house onto property located on Lewis Avenue. Mr. Cannon was present to explain the request. He explained that house was built by a high school building class, and it meets all codes and regulations. He submitted photographs of the house to be moved. After discussion, Mr. Beytien made a motion to close the hearing. Seconded by Mr. Torgerson, the motion carried unanimously and the hearing was closed at 8:15 p.m. Mr. Beytien made a motion to recommend to City Council approval of the conditional use permit as requested. Seconded by Mr. Torgerson, the motion carried unanimously. (e) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF 'SANTELMAN'S SECOND ADDITION' 3 Chairman Ebent opened the public hearing at 8:15 p.m. with the reading publication #3599 as published in the Hutchinson Leader on Thursday, August 7, 1986. Director Priebe explained that this same property had been previously platted as 7 lots. He stated that Mr. Santelman has changed his plan and intends to construct multiple family dwellings (twin homes or 4-plexes) and has adjusted the lot sizes accordingly. Director Priebe also submitted certification that the plat is in compliance with the requirements of the Subdivision Ordinance as per Preliminary and Final Plat Data. City Attorney Schaefer stated that he has no objection to running this as both a preliminary and final plat as al i the necessary data has been provided and the property had been previously considered regarding drainage and elevation. Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Romo, the motion carried unanimously and the hearing was closed at 8:19 p.m. Mr. Romo made a motion to recommend to City Council approval of the preliminary and final plat as submitted. Seconded by Mr. Beytien, the motion carried unanimously. (f) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY NORM AND LINDA PONSFORD REQUEST WITHDRAWN (G) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE #464 SECTION 7.09 Chairman Ebent opened the public hearing at 8:20 p.m. with the reading of publication #3597 as published in the Hutchinson Leader on_ Thursday, August 7, 1986. The request is to change wor ing in Section 7.09 YARD SPACE ENCROACHMENTS - PROJECTIONS INTO YARDS, in order to clarify and update the wording, as well as allow for larger (12' wide) decks. This hearing had been tabled from the previous meeting due to publication error and additional changes. It was the consensus of the staff and commission that the amendments as published on August 7 are accurate and in the best interest of the city. Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Beytien, the motion carried unanimously and the hearing was closed at 8:21 p.m. Mr. Romo made a motion to recommend to City Council approval of the amendments as proposed. Seconded by Mr. Torgerson, the motion carried unanimously. (h) CONSIDERATION OF REGISTERED LAND SURVEY SUBMITTED BY RICHARD SCHMIDTBAUER Chairman Ebent opened the public hearing at 8:21 p.m. with the reading of publication #3601 as published in the Hutchinson Leader on Thursday, August 7, 1986. The request is for a new registered land survey to allow for an improved legal description of this 4 0 property. Mr. Schmidtbauer was present to explain that the McLeod County Register of Deeds has requested the new RLS. Director Priebe provided certification that the proposed RLS is complete and that the land within it is proposed to be subdivided into several plats in the future. Mr. David Jensen, trustee for the Marvin Horneman estate, was present to state his concern about drainage problems that might be caused by future development of the aforementioned property. Dis- cussion followed. Mr. Beytien made a motion to close the public hearing. Seconded by Mr. Torgerson, the motion carried unanimously and the hearing was closed at 8:30 p.m. Mr. Romo made a motion to recommend to City Council approval of the new Registered Land Survey as proposed. Seconded by Mr. Torgerson, the motion carried unanimously. 4. OLD BUSINESS None. 5. NEW BUSINESS (a) CONSIDERATION OF FINAL PLAT OF PLAZA HEIGHTS Director Priebe explained that the City Council had previously approved the preliminary plat of PLAZA HEIGHTS as recommended by the Planning Commission, contingent upon the developer getting an easement from the adjoining property owner for what is now "Chicago Street. The developer chose not to pursue the easement but to change the plat somewhat, eliminating some of the lots with driveways onto South Grade Road and eliminating the question about two exits from the plat. Director Priebe also provided certification that the plat data submitted meets all the requirements of the Subdivision Ordinance, as per "FINAL PLAT DATA." After discussion, Mr. Torgerson made a motion to recommend to City Council approval of the final plat as submitted, subject to subdivision agreement being executed and parks and playground contribution being paid before the final plat is signed. Seconded by Mr. Beytien, the motion carried unanimously. (b) CONSIDERATION OF FINAL PLAT OF WOODRIDGE ADDITION Director Priebe explained that there are no changes from the preliminary plat previously approved. He also submitted certification stating that the final plat meets all the requirements of the Subdivision Ordinance, as per "FINAL PLAT DATA." After discussion, Mr. Torgerson made a motion to recommend to City Council approval of the final plat. Seconded by Mr. Romo, the motion carried unanimously. 9 �4 (c) CONSIDERATION OF FINAL PLAT OF SCHMIDTBAUER'S THIRD ADDITION Director Priebe explained that there are no changes from the preliminary plat previously approved. He also submitted certification stating that the final plat meets all the requirements of the Subdivision Ordinance, as per "FINAL PLAT DATA." After discussion Mr. Torgerson made a motion to recommend to City Council approval of the final plat. Seconded by Mr. Beytien, the motion carried unanimously. (d) DISCUSSION OF BOARDING HOMES FOR THE ELDERLY There was discussion about how to further regulate boarding homes for the elderly to make them more safe, as welt as to allow them only on properties large enough to serve the number of people who might be living there. In response to discussion about requiring a City license for boarding homes, it was pointed out that other businesses would probably also have to be licensed. In response to having the City inspect the establishments and in turn report violations to the State, it was pointed out that the inspector would have to be qualified to inspect for things such as nutritional value of meals, etc. There might also be a liability question if the City were to inspect and fail to report a violation for whatever reason. After discussion, it was the consenus of the commission that the City's main concern should be with safety of the structure itself. It was suggested that this is similar to the rental housing registration question and could possibly be addressed with that. Another concern raised was the question of density and whether or not these lodging and boarding homes should be allowed in an R-2 zone. Looking at the zoning map, and recognizing a need for this type of housing, it was suggested that it might be better handled by putting restrictions on this type of use in terms of lot size, required square footage per occupant, for example. After discussion, staff was directed to come up with possible ideas regarding the Zoning requirements for boarding homes for the elderly for the next meeting. 6. ADJOURNMENT There being no further business, Mr. Torgerson made a motion to adjourn the meeting. Seconded by Mr. Beytien, the motion carried unanimously and the meeting was adjourned at 9:15 p.m. 2