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05-18-1993 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 18, 1993 1. CALL TO ORDER The meeting was called to order by Vice Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Craig, ElRoy Dobratz, Craig Lenz, April Brandt, Roger Gilmer (5:45) and Vice Chairman Wood Members Absent: Chairman Clint Wood Also Present: City Administrator Gary Plotz, Director of Engineering John Rodeberg, Building Official Jim Marka, Building Inspector Mark Hensen, Asst. City Attorney Gina Brandt and City Attorney G. Barry Anderson. 2. MINUTES Mr. Craig made a motion to approve the minutes of the special meeting dated April 14, 1993 and the regular meeting dated Tuesday, April 20, 1993. Seconded by Mr. Dobratz the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONTINUATION OF CONSIDERATION CF CONDITIONAL USE PERMIT REQUESTED BY KEVIN KOLDEN, 620 MADSON Vice Chairman Wood reopened the hearing at 5:31 p.m. with the reading of publication #4498 as published in the Hutchinson Leader on Thursday, April 8, 1993. The request is for the purpose of considering a conditional use permit by the owner to allow the owner to remove the present 20' x 14' garage and construct a 26' x 32' garage on the same site located at 620 Madson. Mr. Lenz moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 5:32 p.m. Mr. Lenz made a motion to recommend approval of the request to City Council. Seconded by Mr. Dobratz the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY STEVE WADSWORTH, 1209 LEWISAVE FOR FILL Vice Chairman Wood opened -cite hearing at 5:34 p.m. with the reading of publication #4507 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for a conditional use permit to allow the owner to bring in fill for general landscaping located at 1209 Lewis Ave. City Administrator Gary Plotz commented on the location 1 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 and the concerns of City Council, Planning Commission and Planning Staff. He stated there have been no permits issued for fill and no site plan has been brought to staff. Staff recommends to continue the hearing to June. Building Official Jim Marka commented on the fill. He stated that legal counsel is reviewing the item. Ms. Joanne Dooley, 815 School Rd N, voiced concern with drainage. Mr. Marka stated the city has not yet received a site plan for the activities he plans on placing in the yard. Ms Dooley asked when the piles of dirt were to be removed that blocks her view of the river. Mr. Wadsworth stated he will be leaving some berming and using some of the dirt for fill. Mr. Craig moved to continue the hearing to the June meeting, seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HOWARD TELECKY, 321 HWY 7 E, FOR CONSTRUCTION OF POLE BUILDING GARAGE Vice Chairman Wood opened the hearing at 5:48 p.m. with the reading of publication #4507 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for the purpose of considering a conditional use permit to allow the owner to construct a 24' x 30' pole building garage located at 321 Hwy 7 East. City Administrator Plotz commented on the request. Mr. Craig made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 5:50 p.m. Mr. Craig made a motion to recommend approval of the request, seconded by Mr. Dobratz the motion carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JOSEPH HACKER, 706 HARMONY LN, FOR CONSTRUCTION OF GARAGE Vice Chairman Wood opened the hearing at 5:51 p.m. with the reading of publication #4508 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for the purpose of considering a request by the owner for a conditional use 12�rmit to allow him to construct a garage over lot line located at 706 Harmony LN. HUTCHINSON PLANNING COMMISSION MAY 18, 1993 Mr. Plotz commented on the request and staff concerns of utility easements in the lot. Building Official Marka commented on the long range plans to attach the garage. Mr. Hacker will be putting in frost footings now. Mr. Dobratz made a motion to close the hearing, seconded by Mr. Gilmer the hearing closed at 5:52 p.m. Mr. Dobratz moved to recommend appKoval of the request to city council, seconded by Mr. Gilmer the motion carried unanimously. (e) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY KERRY KRUEGER, 545 ERIE ST, TO MOVE A GARAGE Vice Chairman Wood opened the hearing at 5:53 p.m. with the reading of publication # 4509 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for the purpose of considering a conditional use permit to allow the owner to move a 18' x 20' garage onto property located at 545 Erie St. Mr. Plotz explained the request and staff recommendation as follows: Reshingle, new over head doors, treated sill plates on concrete slabs; repaint. City Administrator Plotz commented on the placement of the garage. Mr. Craig move to close the hearing, seconded by Mr. Lenz the hearing closed at 5:55 p.m. Mr. Lenz made a motion to recommend approval to city council. Seconded by Mr. Craig the motion carried unanimously. (f) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "VILLAGE COOPERATIVE OF HUTCHINSON" SUBMITTED BY COOPERATIVE DEVELOPMENT Vice Chairman Wood opened--,4he hearing at 5:56 p.m. with the reading of publication #4510 as published in the Hutchinson Leader on Thursday, May , 1993. The request is of the purpose of considering a preliminary and final plat of "Village Cooperative of Hutchinson" . City Administrator Gary Plotz commented on the staff recommendations being met and the request for an emergency path. 3 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 Ms. Marion Tiede -Hanson, Cooperative Development, presented a memo addressing the emergency entrance including a key box. Director of Engineering John Rodeberg stated the Police Chief and Fire Marshal are concerns with time to get to the emergency. Building Official Marka stated the building is in conformance with the Uniform Building code. Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:08 p.m. Mr. Craig recommended approval of the plat. Seconded by Mr. Gilmer the motion carried unanimously. (g) CONSIDERATION OF VACATION OF STREET REQUESTED BY COOPERATIVE DEVELOPMENT Vice Chairman Wood opened the hearing at 6:09 p.m. with the reading of publication # 4511 as published in the Hutchinson Leader on Thursday, May 6, 1993 and Tuesday, May 11, 1993. The request is for considering a vacation of street and all utility easements in the "Village Cooperative of Hutchinson" plat. City Administrator Plotz commented on the waivers from cable T.V., telephone, and utilities. Ms. Teide-Hanson presented comments from the above entities. Mr. Lenz moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 6:12 p.m. Mr. Lenz made a motion to recommend approval of the request, seconded by Mr. Dobratz the motion carried unanimously. (h) CONSIDERATION OF REZONING FROM R-3 TO R-4 REQUESTED BY COOPERATIVE DEVELOPMENT Vice Chairman Wood opened the hearing at 6:13 p.m. with the reading of publication #4512 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for considering rezoning from R-3 to R-4 located in "Village Cooperative of Hutchinson". Mr. Plotz explained the R-4 zone requirements. Discussion followed on spot zoning. Building Official Marka stated the staff consensus is that this is appropriate zoning and a large enough area. 4 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 6:15 p.m. Mr. Craig made a motion to recommend approval of the rezoning, seconded by Mr. Gilmer the motion carried unanimously. (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY COOPERATIVE DEVELOPMENT FOR MUFTI RESIDENCE IN R-4 DISTRICT Vice Chairman Wood opened the hearing at 6:16 p.m. with the reading of publication #4521 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for considering a conditional use permit to construct a multi residence unit in an R-4 district. City Administrator Plotz explained the requirement of the conditional use permit being the last step in the process. Mr. Dobratz moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:17 p.m. Mr. Dobratz made a motion to recommend approval of the request, seconded by Mr. Gilmer the motion carried unanimously. City Administrator Gary Plotz asked Mr. Mike Mularoni and Mr. Dean Limoges to present the proposal for the Santelman property. There were many neighboring property owners present concerned with the request. Mr. Mularoni explained the area is 7.3 acres in total area and they are proposing 9.7 units to the acre for no more than 71 units. Mr. Mularoni explained these will be single family owner occupied units and not larger than tri-plex units. He explained these units will look like large homes. All owners will have front and back doors. Parking will be adequate and all off street. Mr. Plotz commented on the Planned Development District as being an overlay of an existing zone. He stated a PDD allows the developer to change the setback for each multiple dwelling unit. It also allows a unique efficient utilization of density in the area. (j) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "SANTLEMAN'S 3RD ADDITION" SUBMITTED BY DEAN LIMOGES, MORNINGSIDE LAND CO. Vice Chairman Wood opened the hearing at 8:16 p.m. with 5 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 the reading of publication # 4513 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for considering a preliminary and final plat of "Santelman's Third Addition". Building Official Jim Marka commented on the street name of Marcy Street not :.eing permitted. Director of Engineering John Rodeberg commented that the final plat is a legal document filed with the county. Mr. Gilmer moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 8:19 p.m. Mr. Craig made a motion to recommend approval of the Preliminary and Final plat, seconded by Mr. Gilmer the motion carried unanimously. (k) CONSIDERATION OF PLANNED DEVELOPMENT DISTRICT SUBMITTED BY DEAN LIMOGES, MORNINGSIDE LAND CO., IN SANTELMAN'S 3RD ADDITION Vice Chairman Wood opened the hearing at 6:45 p.m. with the reading of publication #4514 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for considering a planned development district located in Santelman's Third Addition. Mr. John Doring, 120 Pauls Rd, voiced concern about the zoning and multiple family units. He questioned the setback requirements and the comprehensive plan. Mr. Mularoni stated the setback will affect only 2 buildings on the site plan. Concerned neighboring property owners questioned the setback to residential property. Mr. Doring read from the comprehensive plan and voiced concerns of building houses to fit the area. Building Official Jim Marka commented on the zoning changes and that the area•Jis zoned R-3. He stated that 2 years ago this property could have permitted a higher density use. Also the neighboring property is already zoned R-3. City Attorney Barry Anderson commented on the public policy as far as the Planning Commission making recommendation to the City Council. Mr. Marka stated the city tries to maintain transitional zoning and that this proposal is no longer than 6 plex 6 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 Discussion followed on the proximity of the Industrial district and Commercial district. Mr. Mularoni explained his taking into account the neighborhood and the transition working into the neighboring property. He stated this is a permitted density. Mr. Mularoni commented on the fact the units would be owner occupied. Ms. Shawn Duvall, 114 Pauls Rd, commented on the value of homes on Pauls Rd and asked for a compromise of the development. City Attorney Barry Anderson explained with the appropriate zoning it is not necessary to obtain permission from the planning commission or city council to develop the property. Mr. John Taraldsen, 110 Pauls Rd, commented he lives directly behind the prgposal and does not believe 6 plexes would look like homes. He suggested duplexes or twin homes. He is concerned with street parking and the value of his property. Mr. Dean Limoges, property owner, commented on the look of the buildings. He stated trees will be shielding. He explained there will be covenants on the property. Mr. Limoges presented the floor plans. Chuck Boetcher, 823 Lindy LN, commented on the R-3 and R-4 definitions. Building Official Marka defined zoning districts, he stated R-1 in more restrictive. There was discussion on community growth and transitional use. Mr. Lee Stritesky, 709 Hilltop Dr, commented on annexation in the 70's and the community area and density. Tom Schaffer, 708 Hilltop Dr., commented on the effects of real estate values. Roman Haas, 113 Mark Dr., commented on the history of the area and stated the area should be less density. 7 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 City Attorney Anderson addressed the requirements of a PDD being owner occupied. Building Official Marka commented on the discrimination of rental. Mr. Limoges stated than, green space in the development is more than adequate. He explained the need to keep North of Hilltop Dr. with the owners association and south of Hilltop Dr. single family. Mr. Dan Duvall, 114 Pauls Rd, commented on the existing trees. Mr. Ken McLain, 524 Hwy 7, voiced concern with drainage. Director of Engineering Rodeberg explained that a catch basin would be added to the property for drainage. Mr. Lee Stritesky commented on providing sufficient park space and emergency provisions. Mr. Mularoni explained phasing will be market driven but the developer will not jump around in the plat, there will be continuity. Mr. John Mlinar, 704 Hilltop Dr, voiced concern with the process of development. He stated that PDD developments require phasing to protect the existing residents. Mr. Ken Santelman, 106 Pauls Rd, commented on the zoning of R-3 stating originally the property was considered for Commercial or Industrial. He commented on the buffer and transition in the area. Mr. John Mlinar, commented on Section 8.17 regarding planned development district. Mr. Gilmer moved to close the hearing, seconded by Mr. Lenz the hearing closed at 8:10 p.m. Mr. Craig commented on his decision stating that inevitably the property will be developed. He explained this is an attractive development with owner occupied units. Mr. Craig reminded the public that the comprehensive plan is a guideline to the future. He commented in his estimation the use is appropriate for the area and meets the needs of the entire community. Mr. Lenz commented on the plan as proposed and he 8 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 commented the zoning ordinance requirements had been met with no gray areas. He stated this is a transitional zone and may not make everyone happy. Mr. Dobratz stated this is the best transition for the area and the developers have been up front with staff and the commission and have hidden nothing. Mr. Craig made a motion to recommend approval of the PDD, seconded by Ms. Brandt the motion carried unanimously. (1) CONSIDERATION OF REZONING FROM R-3 TO PDD -3 REQUESTED BY DEAN LIMOGES, MORNINGSIDE LAND CO., IN SANTELMAN'S 3RD ADDITION Vice Chairman Wood opened the hearing at 8:20 p.m. with the reading of publication #4515 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for considering a request by Morningside Land Co., to rezone property in SanteimanIs Third Addition from R-3 to PDD. Ms. Shawn Duvall, 114 Pauls Rd, asked if a berm would fit in the setback. Mr. John Doring, 120 Pauls Rd, presented a petition and is opposed to the rezoning. Vice Chairman Wood read the petition of opposition to the rezoning signed by 60 residents in the area. Mr. John Mlinar, 704 Hilltop Dr., commented on the concern of the request complying with the ordinance. Mr. Lenz moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 8:28 p.m. Mr. Gilmer made a motion to recommend approval of the rezoning, seconded by Mr. Craig the motion carried unanimously. (m) CONSIDERATION OF VARIANCE FOR CONSTRUCTION OF ADDITION TO CROW RIVER AUTO REQUESTED BY BARRY WILLMERT Vice Chairman Wood opened the hearing at 6:16 p.m. with the reading of publication #4517 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for considering a variance requested by Barry Willmert, Crow River Auto, for a rear yard setback from 20' to 111, residential zoning district from 75' to 11' and parking circulation to the north from 30' to ill. 9 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 City Administrator Gary Plotz commented on the three variances of rear yard, residential and parking circulation. He also commented on the staff recommendations of May 4, 1993. Vice Chairman Wood read correspondence from Mr. Barry Willmert regarding the future addition. Building Official Marka explained the parking requirements and the set back requirements. Mr. Todd Willmert commented on the possible long term use which could be cold storage. Director of Engineering John Rodeberg stated the area is a transitional zoning between commercial and residential. Mr. Robert Link, Jefferson St, voiced concern over junk vehicles on the site and noise. Building Official Marka commented on the staff concerns and recommendation of life safety and the over all site. Mr. Gilmer moved to close the hearing, seconded by Mr. Lenz the hearing closed at 6:28 p.m. Mr. Craig made a motion to approve the request with staff contingencies as follows: approval of the 52' x 52' addition not for the future 62' x 40' addition, flammable waste trap, fully sprinkled building, southwesterly wall a one hour wall, hardsurfaced parking; 4 stalls per service bay, address berming and screening between commercial and residential, seconded by Mr. Gilmer the motion carried unanimously. (n) CONSIDERATION OF CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ADDITION TO CROW RIVER AUTO REQUESTED BY BARRY WILLMERT Vice Chairman Wood opened the hearing at 6:29 p.m. with the reading of publication #4516 as published in the Hutchinson Leader on Thureday, May 6, 1993. The request is for considering a conditional use permit to construct an auto garage addition unto a non -conforming building located at Crow River Auto, 1020 Hwy 22 S. City Administrator Plotz explained the conditional use permit for a non -conforming building. Mr. Lenz moved to close the hearing, seconded by Mr. Dobratz. Mr. Lenz made. a motion to recommend approval of 10 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 the request. Seconded by Mr. Dobratz the motion carried unanimously. (o) CONSIDERATION OF CONDITIONAL USE PERMIT TO INCREASE NUMBER OF RESIDENTS AT MCLEOD COUNTY GROUP HOME Vice Chairman Wood opened the meeting at 8:29 p.m. with the reading of publication #4518 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for a conditional use permit to allow for increase in number of residents from 8 tho 10 at McLeod Group Home, 440 Grove St. City Administrator Gary Plotz explained the request stating the fire marshal has no objection to the request. Mrs. Carl Nelson, neighboring property owner, voiced concern with the increasing number of residents. Ms. Linda Aaberg, State Dept. of Corrections, stated that 10 is the maximum limit and there can not be more added. Ms. Kristin Lies, Director of the Group Home, stated there will be remodeling on the residence. Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing closed at 8:36 p.m. Mr. Craig made a motion to recommend approval of the request. Seconded by Mr. Dobratz the motion carried unanimously. (p) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MARTIN RUBISCHO TO MOVE A GARAGE UNTO PROPERTY LOCATED AT 138 6TH AVE SE Vice Chairman Wood opened the hearing at 8:37 p.m. with the reading of publication #4519 as published in the Hutchinson Leader on Thursday, May 6, 1993. The request is for considering a conditional use permit to allow the owner to move a 131 x 22' garage unto property located at 138 6th Ave S.E. Mr. Lenz moved to close the hearing, seconded by Ms. Brandt the hearing closed at 8:38 p.m. Mr. Lenz made a motion to recommend approval of the request subject to 11 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 the following staff recommendations: paint garage, structural evaluation by building inspector, garage to be placed on concrete slab, moving permit required by the city and move before -:00 a.m. and after 7:00 p.m. Seconded by Mr. Dobratz the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION TO BEGIN ANNEXATION OF SW AREA OF HUTCHINSON IN LYNN TWP SUBMITTED BY CITY STAFF City Administrator Plotz commented on the various informational meetings with Lynn Township. He read correspondence from Lynn Township suggesting approval of the annexation excluding West of Otter Lake and North of Otter Lake 1760' along Ulm Ave. Director of Engineering John Rodeberg commented on the parcel in question stating it may not be developable and can not be serviced at this time. Building Official Jim Marka stated the shorelard ordinance is very restrictive. Mr. Bill Arndt, Lynn Twp., explained the land owner's perspective and the fact the townboard listens to the land owners. City Administrator Gary Plotz read correspondence from Lynn Township regarding orderly annexation agreements. Mr. Lenz made a motion to approve the annexation excluding West of Otter Lake and North of Otter Lake 1760' along Ulm Ave., seconded by Mr. Craig the motion carried unanimously. (b) DISCUSSION OF CITY/COUNTY PROCEDURE ON DEVELOPMENT WITHIN 2 MILE RADIUS Mr. Bill Arndt, Lynn Twp., stated the proposed procedure is basically what the county presently follows. Discussion on soil borings being taken before the sketch plan is brought to the city. Mr. Lenz moved to approve the procedure, seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF SKETCH PLAN SUBMITTED BY JOE 12 HUTCHINSON PLANNING COMMISSION MAY 18, 1993 MCPHERSON, HASSAN VALLEY TWP., 2 MILE RADIUS Mr. Craig moved to approve the sketch plan with no objection subject to ��%eptic systems by certified installers and inspectors, seconded by Mr. Dobratz the motion carried unanimously. (d) CONSIDERATION OF SKETCH PLAN SUBMITTED BY GERALD KOELLN, HUTCHINSON TWP, 2 MILE RADIUS Mr. Craig made a motion to recommend approval with no objection subject to septic systems by certified installers and inspectors, seconded by Mr. Dobratz the motion carried unanimously. (e) DISCUSSION OF SKETCH PLAN SUBMITTED BY DAN HUEBERT AND ROGER STEARNS City Administrator Gary Plotz commented on staff recommendation. Building Official Marka stated the developers are to work with Johnson Estates to encroach on the property. Director of Engineering Rodeberg commented on storm sewer and easement for utilities. 5. OLD BUSINESS NONE 6. ADJOURNMENT There being no further business the meeting was adjourned at 9:15 P.M. 13