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10-15-1985 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 15, 1985 1. CALL TO ORDER The meeting was called to order by Chairman Roland Ebent at 7:30 p.m., with the following members present: Elsa Young, Don Erickson, Thomas Lyke, Shu -Mei Hwang, Larry Romo, Marlin Torgerson (7:50 p.m.) and Chairman Ebent. Members absent: None. Also present: City Administrator Gary D. Plotz, City Attorney James Schaefer, Director of Engineering Marlow Priebe, Building Official Homer Pittman, and Fire Marshal George Field. 2. MINUTES Mr. Erickson made a motion to approve the minutes of the regular meeting of Tuesday, September 17, 1985, as presented. Seconded by Mr. Hwang, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY HUTCH AGRI- TECH Chairman Ebent opened the public hearing at 7:32 p.m. with the reading of publication #3469 as published in the Hutchinson Leader on Thursday, October 3, 1985. The request is for a conditional use permit to allow the construction of a 14' by 60' and 52' by 70' addition to an existing stucture located at 15 Monroe Street, which is in and IC -1 zone. Chairman Ebent explained that the Planning Commission had previously (July 16, 1985) approved a conditional use permit authorizing Hutch Agri -Tech to construct a 48' by 65' and 12' by 60' addition. Upon inspection, the Building Official had discovered that the addition was actually 14' by 60' and 52' by 70', and advised Hutch Agri -Tech that they needed another conditional use permit and a variance to a allow a 52' loading space, to allow the larger dimensions. City Administrator Plotz commented that Hutch Agri -Tech continued with the construction "at their own risk", while the second conditional use permit and variance were being considered. Chairmen Ebent commented that after talking with Mr. Mark Mortenson of Hutch Agri -Tech and seeing the building plans, he felt that they had intended to build the larger building without proper approval, but it had been caught by the Building Official. He further stated that the Planning Commission should be careful of those who might go ahead with a project first and then expect the Planning Commission to get it to conform. After discussion, Mr. Erickson made a motion to close the public hearing. Seconded by Mr. Romo, the motion carried unanimously, and the hearing was closed at 7:37 p.m. Mr. Hwang made a motion to recommend to City Council approval of the conditional use permit as 1 PLANNING COMMISSION -MINUTES - 10/15/85 requested, based on recommendation of staff as written. (Staff recom- mends approval of the revised layout showing a 9' setback, 52' loading space, 70' and 14' additions, contingent upon applicant surfacing loading space area with concrete, as shown, by October 1, 1986, and surfacing parking spaces behind existing building with concrete or as required by City Ordinance by October 1, 1986. No outside storage of materials after building addition is occupied and no loading done from the existing building structure.) Seconded by Mr. Erickson, the motion carried unanimously. (b) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY HUTCH AGRI-TECH Chairman Ebent opened the public hearing at 7:37 p.m. with the reading of publication #3470 as published in the Hutchinson Leader on Thursday, October 3, 1985. The request is fora TT variance to allow a 52' loading area on property located at 15 Monroe Street. Mr. Erickson made a motion to close the hearing. Seconded by Mr. Romo, the motion carried unanimously and the hearing was closed at 7:38 p.m. Mr. Romo made a motion to recommend to City Council approval of the variance as requested. Seconded by Mr. Hwang, the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF MILLER TOWNHOUSE FOURTH ADDITION Chairman Ebent opened the public hearing at 7:38 p.m. with the reading of publication #3471 as published in the Hutchinson Leader on Thursday, October 3, 1985. The request is for the approval of the preliminary and final platting of Miller Townhouse Fourth Addition. Chairman Ebent explained that this plat i s part of a P.U.D. previously approved by the Commission and that staff recommends approval as it is in accordance with that P.U.D. Mr. Erickson made a motion to close the hearing. Seconded by Mr. Romo, the motion carried unanimously and the hearing was closed at 7:40 p.m. Mr. Hwang made a motion to recommend to City Council approval of the preliminary and final plat as requested. Seconded by Mr. Romo, the motion carried unanimously. (d) CONSIDERATION OF REZONING AS REQUESTED BY ASSEMBLY OF GOD CHURCH Chairman Ebent opened the public hearing with the reading of publication #3472 as published in the Hutchinson Leader on Thursday, October 3, 1985. The request is to rezone property located north of Hwy 7 West and east of California Street from R-3 (Multiple Family Residence) to C-4 (Commercial). City Administrator Plotz explained that the Assembly of God Church had developed a possible subdivision of their property. Their portion of the request would be a "squaring out" of property already zoned C-4. It was the City's recommendation to extend the request to include the Miller property adjoining on the west. 2 PLANNING COMMISSION MINUTES - 10/15/85 Mr. Dean Bemis, Route 1, Hutchinson, neighboring property owner, asked what is proposed for the lots and what street access would there be to the property? Director Priebe explained that there were different people interested in building different commercial structures -- exactly what they were, he didn't know. Since the land is to be subdivided someday, he suggested they submit a proposed subdivision so that we could see how the rezoning could match with it. He further explained that the line designating the C-4 that now exists was drawn before anything was planned for that property, so they measured a certain distance from Hwy 7 and drew the line parallel to the highway. Director Preibe also stated that he thought they would get access from Hwy. 7. Mr. Bemis stated he has no objection to the rezoning but he is concerned about truck traffic on California Street. With the development of commercial, there might be semi -trucks driving out on California Street. Director Priebe responded that California is a "state aid" street which permits truck traffic regardless of how the property is zoned. Director Priebe explained that the staff had recommended that the site plan requirement be waived for this rezoning because it is in an undeveloped area. City Attorney Schaefer stated he had no objection to the rezoning itself, but he felt that as long as the Planning Commission had stipulated requiring a site plan for rezoning to avoid speculative zoning, the rezoning should not be approved until a site plan with a specific use is presented. It was the consensus of the Planning Commission members that they would like to see a site plan for the proposed rezoning as well as a specific initial use identified. Mr. Torgerson made a motion to close the public hearing. Seconded by Mr. Erickson, the motion carried unanimously and the hearing was closed at 8:05 p.m. After discussion, Mr. Torgerson made a motion to reopen the hearing. Seconded by Mrs. Young, the motion carried unanimously and the hearing was reopened at 8:07 p.m. Mr. Torgerson made a motion to continue the hearing until a site plan is provided, with notification being sent to affected property owners. Seconded by Mr. Hwang, the motion carried unanimously. 4. OLD BUSINESS (a) REVIEW OF CHANGES IN SUBDIVISION ORDINANCE #466 After review of proposed changes and some additional changes to Subdivision Ordinance #466, Mr. Erickson made a motion to set a public hearing on all of the proposed changes at the next regular meeting on Tuesday, November 19, 1985. Seconded by Mr. Torgerson, the motion carried unanimously. 5. NEW BUSINESS (a) PRESENTATION OF REZONING PROPOSAL BY JOHN KORNGIEBEL 3 PLANNING COMMISSION MINUTES - 10/15/85 Postponed to November 19. (b) CONSIDERATION OF REZONING REQUEST SUBMITTED TO THE COUNTY BY JOHN JORGENSON (WITHIN TWO MILE RADIUS) Chairman Ebent explained that this is property located north of KDUZ and that the request has been approved by the township. After discussion, Mr. Erickson made a motion to state that the Planning Commission has no objection to the rezoning request as it conforms with the City's Comprehensive Plan. Seconded by Mr. Romo, the motion carried unanimously. (c) CONSIDERATION OF NEW HOUSING CODE ORDINANCE Building Official Pittman and Fire Marshal Field presented a proposed Rental Dwelling Registration Code Ordinance. Mr. Pittman stated that they had used the St. Cloud code as a model, but had changed several items to make it pertain to the City of Hutchinson, including lower fees and penalties for not registering. He further stated that he is continually receiving complaints from renters about substandard rental units. It is their feeling that it is necessary to register rental units for safety reasons. Fire Chief Orlin Henke was present to state his support for the new code. During discussion concerns were raised about criteria for inspection. Building Official Pittman explained that they would use the Minnesota Uniform Building Code and Fire Code to keep criteria consistent. Penalties for noncompliance are spelled out in the code. Results of the inspections would be provided to the property owner, or the local person in charge of the building. Reasonable time limits would be established to allow the owners of rental property time to come into compliance with the code. It was also noted that the building department feels that they would be able to do the registration without additional help during the mid -winter months when building is slower. After discussion, Mr. Torgerson made a motion to set a public hearing on the proposed Rental Dwelling Registration Code for Tuesday, November 19, 1985. Seconded by Mr. Hwang, the motion carried unanimously. Fire Marshal Field stated that before the hearing a brief presentation could be provided. A news story on the proposed code would be helpful in informing the public of the proposal. Public notice of the hearing will be put in the Hutchinson Leader. (d) REVIEW OF AMENDMENT TO ZONING ORDINANCE 464, SECTION 6.09 City Attorney Schaefer explained that in order for the City to make any changes in the fees it charges for conditional use permits, variances, etc., the zoning ordinance has to be amended. By taking the fee schedule out of the ordinance, the City Council could make the changes without amending the ordinance. After discussion, Mrs. Young made a motion to set a public hearing to consider an amendment to delete the fee schedule from Zoning 4 PLANNING COMMISSION MINUTES - 10/15/85 Ordinance #464, for Tuesday, November 19, 1985. Seconded by Mr. Hwang, the motion carried unanimously. (e) REVIEW OF TAX INCREMENT AMENDMENT TO FACILITATE CONNECTOR TRACT TO INDUSTRIAL PARK AND SPUR LINE ADJACENT TO FARMER'S ELEVATOR City Administrator Plotz explained that the City Council will be considering an amendment to the tax increment plan to allow the aforementioned connector tract and spur line. He noted that the Planning Commission should make a recommendation based on whether or not the proposal is compatible with the Comprehensive Plan. He further stated that the County has recommended approval of the amendment because of the help it would provide to the Farmer's Elevator. After discussion, Mr. Romo made a motion to recommend approval of the tax increment amendment as, in concept, it is in accordance with the Comprehensive Plan. Seconded by Mr. Hwang, the motion carried unanimously. 6. ADJOURNMENT There being no further business, Mr. Torgerson made a motion to adjourn the meeting. Seconded by Mrs. Young, the motion carried unanimously and the meeting was adjourned at 9:10 p.m. 5