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Home My WebLink About07/11/77PLANNING COMMISSION MINUTES MONDAY, JULY 11, 1977 The meeting was Members present: called to order at 7:30 P.M. by Chairman Stoffel Stoffel, Gergen, Terrell, Johnson, Fischer, Groth Kramer and Murry. Absent - Wendler The June 27, 1977 minutes should be amended as follows: 1) The Public Hearing on Mid- Continent developers was closed at 7:58 P.M. rather than 7:38 P.M.; 2) The motion on the Tanner request for a Special Use Permit was seconded by Gergen rather than Fischer. Moved by Commissioner Fischer, seconded by Commissioner Kramer to approve the minutes as amended. 8 Ayes 0 Nayes APPROVAL OF MINUTES The Public Hearing for a preliminary plat PUBLIC HEARING - MID CONTINENT for Mid Continent Developers was opened at DEVELOPERS - PRELIMINARY PLAT 7:35 P.M. by Chairman Stoffel. The Planning PLEASANT DRIVE AND 4TH STREET Director informed the Commissioners that the Notice of Public Hearing, the Affidavit of Publication, and the Certificate of Mailing was on file and that the Public Hearing was properly called. The Planning Director explained to the Commissioners that 0utlot B of Whispering Oaks First Addition had been dropped from the proposal and that the design had been changed to eliminate the small ponding basin originally proposed. Mrs. Tierney, resident of the existing townhouses, expressed concern about past assessments that the townhouse owners had to pick up for Pleasant Drive. Mr. Balitz, also a resident of the townhouse in- dicated a concern about assessments for 4th Street, and who would pick these up. In addition, Mr. Balitz was concerned about the existing drainage problem which causes erosion problems on the 4th Street right- of-way and the large drainage area whic~/~o the west of the townhouse units. Mr. Marston, the Planning Director, explained to the Commissioners that the drainage problem to the west would not be affected by this project and Planning Commission Minutes July 11, 1977 Fage 2 erosion problem on the 4th Street right-of- way would be corrected with street improvements which are proposed as part of this plan. In addition, it was suggested that as part of the developers agreement, we include a provision stating that the developer will pay for all the assessments related to the 4th Street improvements from Pleasant Drive to the Whispering Lane right- of-way. Moved by Cormmissioner Fischer, seconded by Commissioner Kramer to approve the preliminary plat and site plan for Mid Continent Developers subject to the conditions mentioned in the staff memo of July 8, plus a contract revision requiring the developer to pay for all street improvement costs assessable to the property owner on the south side of the street, and that necessary corrections are made to the drawing regarding fire hydrant locations and proposed storm sewers. The Public Hearing regarding the rezoning of property on South 23rd. Street was called to order at 8:00 p.m. by Chariman Stoffel. The Planning Director informed the Commissioners that he had on file the Notice of Public Hearing, Affidavit of Publication and the Certificate of Mailing and thus the hearing was properly called, Mrs. McCoy, who signed a petition opposing the rezoning indicated that she did not necessarily oppose the project, however, she had not seen any plans and thus was not familiar with what is being proposed. PUBLIC HEARING - REZONING JUDGE ELECTRIC 116 SO 23RD STREET Commissioner Terrell expressed concern that Mr. Judge's proposal , which involves 80% warehousing, is inappropriate for a C-3 zone. In addition, Commissioner Terrell felt that it would not be proper for the Commission to recommend encroachment of a commercial district into a residential neighbor- hood. Commissioner Fischer explained that when property is rezoned we have to remember that any permitted use in that zone would have to be allowed. Commssioner Fischer repeated Commissioner Terrell's concern about encroachment of commercial property on residential zoning districts. According to Commissioner Fischer~ the comment that is always heard is that the City of Hastings needs more commercial property but as one drives up and down Vermillion Street there are empty buildings and empty lots which will never be de- veloped if the City continues to rezone additional com- Planning Commission Minutes Page 3 July 11~ 1977 mercial property. The question is, where will the community finally draw the line on rezoning to commercial property? After all the people were afforded an opportunity to be heard, Chairman Stoffel closed the Public Hearing at 9:40 p.m. Moved by Coum, issioner Fischer, seconded by Commissioner Murry to deny the rezoning due to excessive and continuing encroachment of cormnercial property on residential areas. 4 Ayes: Groth, Kramer, Stoffel and Gergen Nay. Moved by Commissioner Groth and seconded by Commissioner Johnson to recommend to the City Council that all property presently zoned R-2 in Block 3, Vermillion Addition, be rezoned to commercial. 5 Ayes. Fischer, Murry and Terrell Nay. Commissioner Fischer expressed concern PRELIMINARY PLAT - INDUSTRIAL about the site distance at the intersection BUILDERS - HILLSIDE AND WEST- of Westview Drive and the service drive and VIEW DRIVE. asked the staff to check to make sure a Similar problem does not come up again with this development. Moved by Commissioner Fischer, seconded by CoLm,Lissioner Terrell to approve the preliminary plat submitted. 8 Ayes 0 Nayes Application for a Special Use Permit has been filed to develop 21 rental townhouse DEVELOPMENT CO~fPANY - units. A conceptual drawing has been sub- 11 STREET mitted with the hope that the Planning Commission and Council will rule on the desirability of this project, and if a favorable response is received the developer will draw more detail plans for the site plan review. SPECIAL USE PERMIT - VILLA 700 W. The Planning Director reviewed possible variances that would be needed with the proposal which in- cludes a variance from the five acre minimum site requirment, width of the private driveway, setbacks of the parking stalls from the property lines, the length of the proposed townhouse units, and setback from the Pine Street right-of-way. Commissioner Kramer asked whether or not the 10th street right-of-way stll exists, to provide access to this proposal. Planning Commission Minutes July 11, 1977 Page 4 Chairman Stoffel referred the Special Use request to the Fischer Committee and also reqested that the Fire Marshall respond to the proposal. Mr. Hoff has been running a manufacturing business out of his home and after letters from the Planning Director and the City Attorney, he has agreed to discontinue this use. Mr. HoOf~, however, would like to con- tinue to operate a business which involves the sale of garage door openers from his home. This item was referred by Chairman Stoffel to the Wendler Committee, Moved by Commissioner Murry and seconded by Commissioner Fischer to adjourn at 9:50 p.m. HOME OCCUPATION - LARRY HOFF 320 W. 12TH STREET ADJOURNMENT