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03-21-1995 PCM cMINUTES \ k� HUTCHINSON PLANNING COMMISSION Cl l f Tuesday, March 21, 1995 CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Clint Gruett. at 5:30 p.m. with the following members present: Glenn Matejka, Roger Gilmer, April Brandt, Bill Craig, Craig Lenz, Dean Wood and Chairman Gruett Members Absent: None Also Present: Planning Coordinator Brenda Ewing, Building Official Jim Marka and City Attorney Barry Anderson. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED FEBRUARY 21. 1995 Mr. Wood made a motion to approve the minutes dated February 21, 1995, seconded by Ms. Brandt the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION TO REZONE PROPERTY ON NORTH HIGH DR. W. FROM R-3 TO R-4 FOR CONSTRUCTION OF APARTMENT BUILDINGS REQUESTED BY RALPH SCHMITZ, JAMES DEVELOPMENT FIRM Chairman Gruett opened the hearing at 5:31 p.m. with the reading of publication # 4777 as published in the Hutchinson Leader on Thursday, March 9, 1995. The request is for the purpose of considering to rezone property located on North High Dr. W. from R-3 (Medium Density Residential District) to R-4 (High Density Residential District) requested by Ralph Schmitz, James Development Firm. Building Official Jim Marka commented on the project and stated the site plan was received today. He explained the rezoning will also include the existing apartment which is favorable with the property owners of that lot. Mr. Marka also commented on staff recommendations requiring a complete site plan. Mr. Ralph Schmitz commented on the option on the property and presented at site plan including four 12 unit townhouses totaling 48 units. He stated this density is low for the lot size. Discussion followed on the drainage and water problems in the area. Mr. Marka stated storm water is a potential problem and a professional engineer will design ponding. Mr. Craig moved to close the hearing, seconded by Ms. Brandt the hearing closed at 5:40 p.m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Lenz the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT FOR CONSTRUCTION OF APARTMENT BUILDINGS ON NORTH HIGH DR. W. REQUESTED BY RALPH SCHMITZ, JAMES DEVELOPMENT FIRM Chairman Gruett opened the hearing at 5:41 p.m. with the reading of publication #4778 as published in the Hutchinson Leader on Thursday, March 9, 1995. The request is for the purpose of considering a conditional use permit requested by Mr. Ralph Schmitz, James Development Firm. Building Official Jim Marka commented on the staff recommendations approving the request conceptually contingent on a complete site plan submittal. Mr. Craig made a motion to continue the hearing until next month, seconded by Mr. Wood the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES MARCH 21, 1995 C) CONSIDERATION OF CONDITIONAL USE PERMIT TO CHANGE USE OF PROPERTY FROM CHURCH TO SCHOOL LOCATED AT BETHANY BAPTIST CHURCH, 800 GROVE ST., REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE Chairman Gruett opened the hearing at 5:45 p.m. with the reading of publication #4779 as published in the Hutchinson Leader on Thursday, March 9, 1995. The request is for the purpose of considering a conditional use permit to change use of property from church to school located in the R-2 district at Bethany Baptist Church, 800 Grove St. requested by Crow River Special Education Cooperative. Building Official Marka explained the history of the property and the informational meeting held with neighboring property owners on March 7, 1995, at the Central District Offices building. Dr. Peter Malmberg, Director of Special Education Services, explained the proposal for a school to house 25 - 30 students living in Hutchinson, McLeod County area and Howard Lake/Waverly school district. He stated the lease between the Cooperative and Bethany Baptist Church is for two years. There would be three classrooms and the hours would be school days between 7:00 a.m. (when staff arrives) to 4:30 p.m. There would be few evening events and limited summer school days. Dr. Malmberg stated small buses would transport the students from the group homes to school and staff would be the only cars parking on the property. He also stated there are presently 26 students enrolled in the program and the numbers fluctuate but there is anticipated to be no more than 35 students at the school. The staffing ratio is 1 teacher to 3 students. Discussion followed on the place of residence of the students, the majority living in group homes in Hutchinson. Dr. Malmberg explained the students are now transported to Silver Lake. Transportation costs will be less with the school placed in Hutchinson. Mr. Marka commented on the informational meeting stating the neighbors were somewhat comfortable with the request provided after two years the request is revisited. Mr. John Reynolds asked why the school moved from Silver Lake. Dr. Malmberg explained the facilities at Silver Lake were in need of fire code update which are costly. This facility is also more appropriate for use and positive support for instruction. Jim Marka stated the church will share the facilities with the school until the new church is completed. Dr. Malmberg stated the church will use the sanctuary some evenings and weekends until the new church is completed possibly mid -year next year. He stated the Cooperative will remodel the building to meet health and safety requirements including the handicapped accessible codes. Discussion followed on the fire alarm and sprinkling system. Dr. Malmberg explained he has contacted the State Fire Marshal who has no objection. Building Official Marka commented on the traffic flow and the hard surfacing of the parking lot in three years. He stated the requirements for sprinkling are regulated by type of construction. KA HUTCHINSON PLANNING COMMISSION MINUTES MARCH 21, 1995 Ms. Brandt moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:07 p.m. Ms. Brandt made a motion to recommend approval of the request subject to staff recommendations and the Cooperative return in two years to the Planning Commission for review of the conditional use permit. Seconded by Mr. Gilmer the motion carried unanimously. d) CONSIDERATION OF VARIANCE TO REDUCE DRIVEWAY SETBACK TO 0' FOR CARWASH AT FREEDOM - ERICKSON OIL LOCATED AT 114TH AVE. N.E. Chairman Gruett opened the hearing at 6:09 p.m. with the reading of publication #4780 as published in the Hutchinson Leader on Thursday, March 9, 1995. The request is for the purpose of considering a variance to reduce driveway setback located at Freedom - Erickson Oil, 11 -4th Ave. N.E. Planning Coordinator Brenda Ewing commented on the request and presented a site plan of the driveway encroaching on the Quade property. Building Official Jim Marka explained the flow of traffic to the car wash. Mr. Tom Harper, Erickson Oil Products, commented on the proposal and the water service to the property. Discussion followed on the stacking requirements. Mr. Harper presented a more detailed site plan and commented on the grade of the property. Mr. Marka explained the variance requirements and stated the intent of the law was to discourage variances except for unique circumstances. City Attorney Barry Anderson commented on the hardship question and the fact this is not unlike a common driveway which is not unusual in Hutchinson. Mr. Matejka moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:24 p.m. Mr. Matejka made a motion to approve the request. Seconded by Mr. Gilmer the motion carried with Ms. Brandt voting nay. e) CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS "TECHNOLOGY PARK" SUBMITTED BY ROBERT BARWICK LOCATED ON HWY 7 E. Chairman Gruett opened the hearing at 6:29 p.m. with the reading of publication #4781 as published in the Hutchinson Leader on Thursday, March 9, 1995. The request is for the purpose of considering a preliminary and final plat of Technology Park submitted by Robert Barwick located on Hwy. 7 East. Planning Coordinator Brenda Ewing commented on 13 staff recommendations. Building Official Jim Marka commented on the grading plan and redesign of the pond placement. He stated there is a storm drainage problem and commented on the water shed from the west.. Mr. Marka explained the natural storm water run-off was affected and flooded the area over the Jensen's septic,tank and septic field. There was discussion on the drainage and wetland. Mr. Barwick has consulted with the environmental specialist for the county. Discussion followed on verification of the wetland on the property and the fact the natural drainage must be retained. Chairman Gruett read correspondence from Dr. Julie Jensen regarding the flooding of her mother's property. 3 HUTCHINSON PLANNING COMMISSION MINUTES MARCH 21, 1995 There was discussion of obtaining proof of wetlands and the completion of the staff recommendations. Ms. Ewing stated there were three additional recommendations to the list of 13 which were: 1) Lift station or sewage ejectors needed for Lots 2 and 3 when sold. 2) Temporary stockpiling of topsoil cannot affect natural drainage. 3) All natural drainage patterns shall be maintained. Mr. Lenz made a motion to continue the hearing to next month, seconded by Mr. Gilmer the motion carried unanimously. f) CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS "GREAT PLAINS FIRST ADDITION" LOCATED ALONG LAKEWOOD DR., 8TH AVE. S.W. AND ROBERTS RD. SUBMITTED BY DAVE SMITH AND BRUCE NAUSTDAL Chairman Gruett opened the hearing at 6:48 p.m. with the reading of publication #4782 as published in the Hutchinson Leader on Thursday, March 9, 1995. The request is for the purpose of considering a preliminary plat to be known as Great Plains First Addition located along Lakewood Dr., 8th Ave. S.W. and Roberts Rd. submitted by Dave Smith and Bruce Naustdal. Planning Coordinator Ewing commented on the proposal and staff recommendations. She noted there are issues with Lakewood Dr. right-of-way to widen the sidewalk and there is a gap in platting north of Lot 1, Block 1. Building Official Marka stated the staff recommended approval. Mr. Lenz moved to close the hearing, seconded by Mr. Wood the hearing closed at 6:56 p.m. Mr. Lenz made a motion to recommend approval of the plat. Seconded by Mr. Craig the motion carried. Mr. Matejka and Mr. Gilmer voted nay. Discussion followed on the number of requirements and contingencies noted by staff. Mr. Lenz amended his motion as follows: to approve the preliminary plat with staff recommendations being met before the final plat is brought to the planning commission. Seconded by Mr. Craig the motion carried with Mr. Matejka voting nay. g) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTIONS 8.04, 8.05, 8.06, 8.07 AND 8.11 INCORPORATING STATE REQUIREMENTS REGARDING GROUP HOMES Chairman Gruett opened the hearing at 7:06 p.m. with the reading of publication #4783 as published in the Hutchinson Leader on Thursday, March 9, 1995. The request is for the purpose of considering an amendment to the Zoning Ordinance Sections 8.04, 8.05, 8.06, 8.07 and 8.11 incorporating state requirements regarding group homes requested by City Staff. Building Official Jim Marka commented on the request to bring our ordinance in line with State Statute in the case of group homes and crisis shelters. He explained in the process staff also tried to clarify licensed day cares in the residential districts. Mr. Marka stated the city's intent was to get in line with State Statutes. He commented that the State has day care regulations and criteria set up by the Dept. of Human Services which the zoning ordinance would not permit. Mr. and Mrs. Lance Heaton, voiced concern with the amendment stating it would be more restrictive regarding the number of children served by the provider. Mr. Marka explained the day cares should be regulated by the Dept. of Human Services which states, in home licensed day care up to 14 persons with a helper who is not an employee. City Attorney Barry Anderson stated the intent of the amendment is not to violate the State regulations and language would include compliance with State regulations. 4 HUTCHINSON PLANNING COMMISSION MINUTES MARCH 21, 1995 Mr. Craig moved to continue the hearing to the next meeting to act on revised language by the City Attorney. Seconded by Mr. Lenz the motion carried unanimously. CONSIDERATION OF CONDITIONAL USE PERMIT TO ROTATE BUILDING 90 DEGREES AND CONSTRUCT 40' X 128' POLE TYPE BUILDING LOCATED AT STEARNSWOOD INC., 320 - 3RD AVE. N.W. Chairman Gruett opened the hearing at 7:20 p.m. with the reading of publication #4784 as published in the Hutchinson Leader on Thursday, March 9, 1995. The request is for the purpose of considering a conditional use permit to rotate a building 90 degrees and construct a 40'x 128' pole type building located at Stearnswood Inc. requested by Roger Stearns. Mr. Roger Stearns, Stearnswood Inc., explained the proposal to rotate the building off of railroad property. He presented a sketch of the site showing the buildings and setbacks. Jim Marka stated the parking criteria is addressed and parking in front of the building may be limited. He question the placement of a loading berth. Mr. Stearns stated he uses portable loading ramps for off-street loading. Mr. Marka commented on buffering of plantings to provide the buffering recommended. He stated the City Forester would work with Mr. Stearns to recommend types of trees. Mr. Matejka moved to close the hearing, seconded by Ms. Brandt the hearing closed at 7:30 p.m. Mr. Matejka made a motion to approve the request with staff recommendations. Seconded by Mr. Craig the motion carried unanimously. 1) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT 48'X 72' OFFICE BUILDING IN I/C DISTRICT LOCATED AT 902 HWY 15 S. REQUESTED BY DAVID BROLL Chairman Gruett opened the hearing at 7:31 p.m. with the reading of publication #4785 as published in the Hutchinson Leader on Thursday, March 9, 1995. The request is for the purpose of considering a conditional use permit to construct a 48'x 72' office building in the I/C district located at 902 Hwy 15 S. requested by David Broil. Building Official Jim Marka commented on the staff recommendations and proposal. He noted the neighboring property owners to the west are not in favor of a buffer. The property owners to the north are requesting buffering. Mr. Broil presented a new site plan and recommendations from the City Forester and All Seasons Landscaping. Discussion followed on the placement of the trees and the existing curb cut. There was also discussion on the storm water run-off concerns and that a private easement must be filed with the building permit. The dumpster and lighting must be screened. Mr. Marka stated there will be connection fees. Mr. Broil stated construction will begin in June or July. Mr. Marka noted staff concern with the planting issue being unresolved. Mr. Craig made a motion to continue the hearing to April meeting, seconded by Ms. Brandt the motion carried unanimously. 4. OLD BUSINESS a) COMPREHENSIVE PLAN UPDATE Planning Coordinator Brenda Ewing commented on the March 1st deadline for committees to respond with their comments. She will be contacting the committees and task force members to work on the plan in April. There was discussion on the role of the Planning Commission in reviewing the document. 5 HUTCHINSON PLANNING COMMISSION MINUTES MARCH 21, 1995 b) ACOMA ANNEXATION UPDATE Ms. Ewing stated the 226 acre annexation in Acoma Twp. has been sent to the Municipal Board for consideration. Mr. Marka stated a letter has been drafted for the affected property owners. C) CONSIDERATION OF ROBERTS ROAD ADDRESS CHANGE Planning Coordinator Ewing explained the history of the request by staff and commented on the memo from Director of Engineering John Rodeberg to leave Roberts Rd. as is for the easttwest portion of the street and at the Roberts Park entrance change the name to Roberts St. S.W. Discussion followed on the possibility of changing the numbering for new homes and not change the name. Mr. Craig made a motion to approve the request by staff, seconded by Mr. Wood the motion carried with Mr. Gruett abstaining. 5. NEW BUSINESS a) CONSIDERATION OF ADDRESS ORDINANCE Building Official Jim Marka stated this ordinance gives direction in addressing. At the present time, there are no guidelines. Mr. Matejka made a motion to approve the address ordinance with review in November of 1995. Seconded by Mr. Lenz the motion carried unanimously. b) CONSIDERATION OF JOINT RESOLUTION TO FORM JOINT PLANNING BOARD Planning Coordinator Brenda Ewing commented on the orderly annexation procedure and the discussions city staff has had with township officials. She explained the city designation of urban boundary lines and the make up of a joint planning board. Ms. Ewing commented on meetings with Hutchinson, Lynn and Acoma Townships to explain the joint planning board. She stated the concept was well received by those townships and she and Jim will meet with Hassan Valley officials on March 22nd. Discussion followed on the input of the board in the urban boundary district. This will keep communication open with the county and townships. Mr. Robert Anderson, Hassan Valley Township treasurer, asked City Attorney Anderson if the county attorney had issued an opinion on forming a joint board. City Attorney Barry Anderson stated the suggestion for a joint planning board came from the township's attorney. He stated he has a draft from Douglas County. Mr. Craig made a motion to move forward with the resolution, seconded by Ms. Brandt the motion carried unanimously. C) ELECTION OF PLANNING COMMISSION OFFICERS Mr. Craig made a motion to elect Mr. Wood as Chairman and Mr. Matejka as Vice Chairman for 1995 -'96. Seconded by Mr. Lenz the motion carried unanimously. D HUTCHINSON PLANNING COMMISSION MINUTES MARCH 21, 1995 d) DISCUSSION OF PROPOSED ANNEXATION OF 2.45 ACRES SUBMITTED BY EVERETT HANTGE Ms. Ewing explained the annexation proposal is for 1.54 acres not 2.45 acres as stated in the application. She stated the public hearing will be held at the next meeting. Mr. Hantge has requested city services which is not possible this year. Mr. Matejka made a motion to approve the annexation subject to staff correspondence with Mr. Hantge and pursue the feasibility to provide services. Seconded by Mr. Lenz the motion carried unanimously. e) CONSIDERATION OF LANGUAGE CHANGE ON FINAL PLAT PROCEDURE IN SUBDIVISION ORDINANCE SECTION 12.20 (D AND E) Ms. Ewing commented on the ordinance language change and explained the meaning of the change as it relates to the developer in regard to recording. Mr. Craig made a motion to approve and directed City Attorney Barry Anderson to draft final language, seconded by Mr. Wood the motion carried unanimously. 6. COMMUNICATION FROM STAFF Jim Marka commented on an electric community board requested by the Chamber of Commerce. 7. ADJOURNMENT The meeting adjourned at 8:50 p.m. 7