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11-15-1994 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 15, 1994 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, Bill Craig, Craig Lenz, Dean Wood and Chairman Gruett. Member absent: April Brandt. Also present: Brenda Ewing, Planning Coordinator and Jim Marka, Building Official. 2. CONSIDERATION OF MINUTES OF REGULAR MEETING DATED OCTOBER 18, 1994 Mr. Craig made a motion to approve the minutes dated October 18, 1994, seconded by Mr. Gilmer the motion carried unanimously. PUBLIC HEARINGS a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MCLEOD COUNTY TREATMENT CENTER/BETHANY BAPTIST CHURCH TO CHANGE USE FROM CHURCH TO SHELTER HOME IN R-2 DISTRICT Chairman Gruett reopened the hearing at 5:31 p.m. with the reading of publication #4723 as published in the Hutchinson Leader on Thursday, October 6, 1994. The request is for the purpose of considering a conditional use permit requested by McLeod County Treatment Center/Bethany Baptist Church to change use from church to shelter home in R-2 district located at 800 Grove St. Planning Coordinator Brenda Ewing commented on the informational meeting held with the neighboring property owners on October 27, 1994. She also commented on the legal opinion from City Attorney G. Barry Anderson. Mr. Steve Fitzloff, 820 Grove St., again expressed the same concerns as at the October meeting and the informational meeting. Those concerns were; property values in the area, security of the neighborhood, terminology of the information presented by the applicant and the fact several other property owners have also expressed concern. Mr. Gail Plaisance, 509 Linden Ave., commented on his concern for the children of the neighborhood. He stated he was told there was a site in Glencoe for the facility. Mr. Jerry Brown, 736 Brown St., stated he agrees with the need but not the means. Ms. Mary Grupe, 743 Grove St., explained her family's move to Hutchinson and the fact they were looking for a good neighborhood when they moved in March of this year. 1 HUTCHINSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 Ms, Mary Berger, 855 Grove St., commented on the meetings the neighborhood held. She stated a concern is with the many conflicting answers about the home and the fact the police could be there at anytime of the evening. Mr. Doug Rettke, 4th and Lynn, stated he lives near a group home and has had more vandalism at this residence, however, he does not know if it is due to group home residents or not. Mr. Dick Jensen, 216 Linden, stated he is not strongly opposed to the request and that the need is valid. He commented he is interested in the property value and the potential number of buyers affected. Building Official Jim Marka commented on the staff prospective of the character of the neighborhood. Discussion followed on the zoning requirements in residential districts and the permitted number of residents in a home such as this. Mr. Don Schultz, 835 Church St., stated he is against any business in residential districts. Mr. Craig made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 5:50 p.m. Mr. Craig commented on the defmition of conditional use permit. Mr. Craig made a motion to recommend denial of the request. Seconded by Mr. Lenz the motion carried after a roll call vote. Mr. Craig, Mr. Lenz, Mr. Gruett and Mr. Wood voting aye. Mr. Matejka and Mr. Gilmer voting nay. Mr. Matejka commented on the precedent this could set to serve the community in this way. County Commissioner Al Huff explained the process the county has gone through to find support for this effort. He stated there is not a site in Glencoe suitable for the facility. Mr. Craig made a motion to direct staff to research language to amend the zoning ordinance for appropriate use, seconded by Mr. Matejka the motion carried unanimously. b) CONTINUATION OF CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.08 REGARDING ANTENNAS AND TOWERS Chairman Gruett reopened the hearing at 6:00 p.m. with the reading of publication #4726 as published in the Hutchinson Leader on Thursday, October 6, 1994. The request is for considering an amendment to the Zoning Ordinance Section 10.08 regarding antennas and towers. Planning Coordinator Brenda Ewing commented on the wording as presented by the City Attorney. Mr. Matejka moved to close the hearing, seconded by Mr. Wood the hearing closed at 6:02 p.m. Mr. Matejka made a motion to recommend approval okhe amendment. Seconded by Mr. Wood the motion carried unanimously. 2 HUTCHINSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 C) CONSIDERATION OF ANNEXATION OF 8.50 ACRES IN LYNN TWP. REQUESTED BY DAN AND ROBERT COWGER Chairman Gruett opened the hearing at 6:04 p.m. with the reading of publication #4734 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for consideration of a petition to annex 8.50 acres located in Section 2, Lynn Township, requested by Robert and Dan Cowger. Planning Coordinator Brenda Ewing commented on the request and the letter from Mr. Charles Johnson stating he is not interested in annexing his property. Building Official Jim Marka stated the road could stay as it is and the right of way dedicated to the city. Mr. Dan Cowger explained the county recommended petitioning for annexation when he went to them with a sketch and preliminary plat. Mr. Craig moved to close the hearing, seconded by Mr. Matejka the hearing closed at 6:15 p.m. Mr. Craig made a motion to approve the annexation and the right of way dedicated from Johnson property on the west. The Johnson property is not to be forced in at this time and assessments are to be deferred on that property. Seconded by Mr. Matejka the motion carried unanimously. Mr. Ernst Duesterhoeft, Lynn Township, inquired as to which roads would belong to the city. d) CONSIDERATION OF CONDITIONAL USE PERMIT TO MOVE A 1972 MOBILE HOME UNTO LOT IN MCDONALDS TRAILER COURT Chairman Gruett opened the hearing at 6:16 p.m. with the reading of publication #4735 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for the purpose of considering a conditional use permit to move a 1972 Riviera mobile home unto lot 131 in McDonalds Trailer Court. Ms. Ewing explained the staff recommendations and that the property owner has met all the life safety requirements. Mr. Wood made a motion to close the hearing, seconded by Mr. Craig the hearing closed at 6:17 p.m. Mr. Wood made a motion to recommend approval of the request with staff recommendations to meet the life safety requirements. Seconded by Mr. Craig the motion carried unanimously. e) CONSIDERATION OF CONDITIONAL USE PERMIT TO SELL CHRISTMAS TREES IN R-2 DISTRICT REQUESTED BY CINDY BEADELL LOCATED AT 540 GLEN ST. 3 HUTCHINSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 Chairman Gruett opened the hearing at 6:18 p.m. with the reading of publication #4736 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for the purpose of considering a conditional use permit to sell Christmas trees in R-2 District located at 540 Glen St. Planning Coordinator Ewing commented on the staff recommendation of approval and the favorable letter received from a neighboring property owner. Mr. Matejka moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:20 p.m. Mr. Matejka made a motion to recommend approval of the request. Seconded by Mr. Lenz the motion carried unanimously. f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DOUG RETTKE TO MOVE A BUILDING FOR WAREHOUSE TO UC DISTRICT LOCATED AT 1844TH AVE NW. Chairman Gruett opened the hearing at 6:21 p.m. with the reading of publication #4737 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for the purpose of considering a conditional use permit to move a building for warehouse to UC district located at 184 -4th Ave. N.W. Planning Coordinator Brenda Ewing commented on the numerous staff requirements and the survey presented by Mr. Rettke. Building Official Jim Marka commented on the staff recommendations stated many have been met. Discussion followed on the 6' setback and drainage. There was also discussion on the parking and off-loading berth. Mr. Lenz moved to close the hearing, seconded by Mr. Matejka the hearing closed at 6:30 p.m. Mr. Lenz made a motion to recommend approval of the regtest subject to staff recommendations. Seconded by Mr. Matejka the motion carried unanimously. g) CONSIDERATION OF REZONING FROM R-1 TO C-4 NEWLY ANNEXED PROPERTY ON HWY 7 EAST FOR CONSTRUCTION OF MOTEL REQUESTED BY ROBERT BARWICK Chairman Gruett opened the hearing at 6:32 p.m. with the reading of publication #4739 as published in the Hutchinson Leader on Thursday, November 3, 1994. The request is for the purpose of considering a request to rezone newly annexed property on Hwy 7 East from R-1 to C-4 for construction of motel. Ms. Ewing stated the State Municipal Board did approve the annexation requested in October. Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed at 6:35 p.m. Mr. Craig made a motion to recommend approval of toe rezoning request. Seconded by Mr. Wood the motion carried unanimously. 4 HUTCHINSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 4. OLD BUSINESS NONE 5. NEW BUSINESS a) CONTINUED DISCUSSION OF URBAN BOUNDARY MAP AND ANNEXATION IN ACOMA TWP. Building Official Jim Marka commented on the meeting held in June with Acoma Township residents. The meeting was tabled until this meeting (November). He stated legislation has changed and at the present time, annexations require a public hearing at the local municipal level. The need for orderly annexation is taken care of through the legislation. Mr. Jim Field, Acoma Twp., representing the chairman, stated the township officials feel they can not do much about the annexation. Mr. Marka explained the development in the area and the extension of services. He commented the mobile home park has water at this time. A letter of opposition by Atty. Steven Ward representing Mr. Mark Fratzke was read. Jim Marka explained the city can not service the remainder of the Montgomery property out of city limits. Mr. Dave Bernhagen questioned the road right of way being annexed and how that would affect his taxes. Discussion followed on the cost to property owners. Building Official Marka explained development would be encouraged when the collector road is located. He stated the present service will handle Krisean Acres and Montgomery property. Rust Engineering will do a study on the remaining property for services. Discussion followed on maintaining Koglin Rd. or Co. Rd. 76. Mr. Craig made a motion to prepare for a public hearing, seconded by Mr. Lenz the motion carried unanimously. b) DISCUSSION TO CHANGE STREET NAME FROM ROBERTS ROAD TO ROBERTS AVE. S.W. Planning Coordinator Brenda Ewing commented on the two informational meetings with property owners and explained the staff would recommend changing all of Roberts Rd. to alleviate confusion of numbering for emergency services. Discussion followed on the informational meetings and the opposition to the change. 9 HUTCIHNSON PLANNING COMMISSION MINUTES NOVEMBER 15, 1994 It was the consensus of the planning commission to table the item until the plats are in for the south area. Mr. Lenz moved to table the item with an update at the next meeting, seconded by Mr. Gilmer the motion carried unanimously. c) DISCUSSION OF AMENDMENT TO MUNICIPAL CODE REGARDING DEMOLITION REQUIREMENTS Mr. Marka explained the City Council adopted an amendment to the ordinance and this item was for information only. d) COMMUNICATION FROM STAFF Jim Marka presented a portion of the city survey regarding building and zoning enforcement. 6. ADJOURNMENT The meeting adjourned at 7:25 p.m. 11