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HomeMy WebLinkAbout01/22/90 Hastings Planning Commission Meeting of 1/22/90 The regular meeting of the Hastings Planning Commission was called to order by Commissioner Kaiser at 7:30 p.m. Commissioners Present: Commissioners Dredge, Patzke, Cedar, Ditty, Reinardy, Zender, Anderson, Featherstone, Kaiser. Members Absent: None Staff Present: Planning Director Harmenlng, Robertson Planning Intern Commissioner Kaiser called for additions or corrections to the minutes of the meeting of January 8, 1990. There being no additions or corrections the minutes were approved as presented. Harmening indicated that a new ordinance has been proposed regulating outdoor retail temporary sales within parking lots. This ordinance has been proposed because city code does not contain any clear provisions for dealing with such requests and in fact does not allow for such uses. The public hearing was opened for comments at 7:40. The first to speak was Tim O'Gorman, manager of the Midtown Food Center. He stated that they had had outdoor sales for seven years and have not had any complaints. He felt that this new ordinance was an unnecessary regulation. He did not want to submit a new site plan every year when he used the same one each year. Harmening said that if this were the case he could just send down a statement saying that the site plan was exactly the same as the one the year before and then he would not have to submit a new plan. There being no further comments the public hearing was closed at 7:40 p.m. There was considerable discussion of this issue. Commissioners Reinardy and Patzke expressed concerns about handicapped parking spaces being blocked by temporary structures. Commissioner Patzke suggested that a provision be added to the ordinance saying that access to the building for handicapped would not be blocked in any way. Other suggestions included adding an "intent" section, as well as language regarding the repair of temporary structures which may be damaged by the elements. Commlsslone Zender MINUTES PUBLIC HEARING ZONING ORDI- NANCE AMEND- MENT-T~5~DRARY SALES WITHIN PARKING LOTS made a motion, seconded by Commissioner Reinardy to approve the amendment with direction to city staff to check on the items raised during their discussion. Upon vote taken, Ayes, 9; Nayes, 0. Harmening indicated that on January 8, 1990 the MINOR SUB- Planning Commission had tabled action on the DIVISION - minor subdivision request made by Mark Morstad 741 W. 7TH and Lester Fair and requested that the city ST. MORSTAD/ Attorney and staff provide input on several issues. FAIR Harmening indicated that in his opinion there was only one other similar lot in this area which could possibly be subdivided to allow further development. This lot is located at the northwest corner of Prairie St. and Hwy 55. All other lots in the area are either land locked without access to any street, too small to build upon, or because of drainage or other easements do not have a large enough buildable area. The only way that any land locked parcels could gain access to a street would be through a private alley or driveway and the city would have the option of approving or disapproving this. Harmening indicated that if the minor subdivision were approved, city staff does not believe that it would have any effect on the tax situation of adjacent properties. Assistant city Attorney Shawn Moynihan indicated that if the minor subdivision were approved and someone subsequently sought to build upon the newly created lot, that the city would have the same legal right to deny the ability to build as it would in any similar situation. In other words, if the builder complied with all regulations and requirements the city would not have the right to deny him or her the right to build. Consequently, if the subdivision were approved conditions for approval should contain all the requirements and restrictions that the city felt were necessary. Mark Morstad stated that he felt that the lot was buildable as it currently existed now. He said that entering into a subdivision agreement would give the city greater control over a future development than it would otherwise have. Lester Fair stated that he wanted to clarify concerns about just when the land survey was done. He said that the land survey was performed after Mr. Morstad had signed the purchase agreement. There was considerable discussion of this issue. Commissioner Reinardy stated that he thought there were five to seven buildable lots rather than one. He also stated that he didn't like the private letter that he had received from Lester Fair and asked Mr. Fair in the future to present any such information in public. He also stated that he didn't think a second principal structure on this lot was a viable option. Commissioners Kaiser and Patzke expressed concerns about access to and from the driveway and its effect on traffic. Commissioner Zender also indicated that he had concerns about traffic. Commissioner Dredge asked what has changed since this was brought up and denied in 1987. Commissioner Featherstone asked Mr. Morstad if he had any objections to any of the conditions suggested by Harmening or in discussion by Planning Commission members. Mr. Morstad said that he did not. A motion was made by Commissioner Patzke, seconded by Commissioner Zender to table this issue until after the Planning Commission could meet with city staff and observe the Highway 55 construction plan and the effect that it would have on this issue. Upon vote taken, Ayes, 7; Nayes, Anderson and Reinardy. Harmening indicated that Dr. Joseph & Jill Kugler are requesting approval of a minor subdivision of property they own at 2524 Old Bridge Lane. The Kuglers propose to split the existing parcel into two lots with the intent of building a new home on the new parcel. The Planning Commission is requested to order a public hearing on the proposed subdivision for its meeting on February 12, 1990. There was a motion by Commissioner Zender, seconded by Commissioner Patzke to order a public hearing on this matter for 7:30 p.m. on February 12, 1990. Upon vote taken, Ayes, 9; Nayes, 0. Harmening indicated that city staff is going through the process of updating the municipal zoning ordinance. He indicated that he sought feedback from Planning Commission members on what they felt were current deficiencies in the zoning ordinance. The Planning Commission members made many excellent suggestions. ORDER PUBLIC HEARING-MINOR SUBDIVISION- 2524 OLD BRIDGE LANE- KUGLER ZONING CODE REVISIONS/ UPDATE Harmening indicated that he would like to set up a meeting where the Planning Commission members could be updated by the City Engineer and other city staff on matters pertaining to the proposed Highway 55 reconstruction project. Upon examination of everyones calendar it was determined that the best time for the meeting was Monday, January 29th at 5:00 p.m. HWY 55 RECONSTRUCTION pROJECT Harmening updated the Planning Commission on recent actions taken by the city Council. Harmening indicated that there were some upcoming seminars on planning which might be of interest to the new Planning Commission members and also to experienced Planning Commission members. Harmening also indicated that he had provided an article from a recent planning magazine about pipeline safety and planning issues related to it because of Planning Commissioners interest in this subject in the past. Their being no further business a motion was made by Commissioner Dredge, seconded by Commissioner Zender to adjourn the meeting at 8:43 p.m. Upon vote taken, Ayes, 9; Nayes, 0. UPDATES/OTHER BUSINESS ADJOURNMENT