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04-18-2000 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 18, 2000 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Arndt at 5:30 p.m. with the following members present: Jason Olsen, Dean Kirchoff, Dave Westlund, Jim Haugen, Brandon Fraser and Jeff Jones. Absent:. Also present: Julie Wischnack, AICP, Director of Planning/Building/Zoning; Holly Kreft, Planning Coordinator and Marc Sebora, City Attorney. 2. CONSENT AGENDA Mr. Haugen moved to approve the minutes as submitted. Mr. Kirchoff seconded the motion. Motion carried. 3. PUBLIC HEARINGS a) CONSI DERATION OF A CON DITIONAL USE PERM IT AN D A VARIANCE TO PLACE A SECON DARY POLE SHED WHICH DOES NOT MEET THE SETBACK FROM THE SOUTH FORK OF THE CROW RIVER AS REQUESTED BY DEANE AND MAXINE DIETEL (845 2ND AVE SE) Chairman Arndt opened the hearing at 5:31 p.m. with the reading of publication #6145 as published in the Hutchinson Leader on Thursday, April 6, 2000. Ms. Wischnack presented the request and layout of the existing and proposed buildings. She explained that the request was actually for three variances and a conditional use permit. The three requests are variances from the setback of the Crow River, setback from the bluff and allowance of more than one accessory building. The conditional use permit is required for the construction of a pole building. Staff recommends denial of the requests as presented, but did off two options. Those options would include either removing the existing garage and building a larger garage that met the setbacks or attaching a garage to the house. Ms. Wischnack stated that there was an area of approximately 40' width, which would meet all setbacks. Mr. Kirchoff asked if the proposed building was outside of the 1 OO-year floodplain. Ms. Wischnack stated that it was. Mr. Dietel stated that he was living at the site during the 1965 flood event and the water did not come near his buildings. He added that the lot was almost 440' long. The Commission questioned if the building could be moved to the east to meet the setbacks. Mr. Dietel replied that it could not because extensive filling had been done in that area and that it would be a potential site for a new home. Mr. Olsen asked if he had explored the cost of the options presented by staff. Mr. Dietel stated that he had not nor would he. Mr. Fraser questioned if the proposed building could be moved further north. Mr. Dietel replied that it could, but it would then encroach into an existing grove of trees. Mr. Haugen asked if there was a buildable area. Ms. Wischnack reiterated that there was a swath of approximately 40' that would be buildable with some earthwork. Mr. Jones questioned what the comprehensive land use plan indicated for this area. Ms. Wischnack stated that she was unsure as to the exact designation but was confident that industrial did not extend to the east side of the Crow River. Mr. Jones moved to close the hearing at 5:48 p.m. Mr. Haugen seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve the three variance requests and the conditional use permit with the conditions that the building may not exceed 16 feet in height, the building must be constructed above the 1 OO-year flood elevation, and that items, currently stored outside, must be stored in the new structure. Ms. Wischnack suggested adding the condition that the building must match the color of the principal structure, as has been required with other pole type buildings. Mr. Kirchoff added this condition to his motion. Mr. Fraser seconded the motion. Motion to approve with the above listed conditions passed 5-2 with Mr. Haugen and Mr. Jones voting against. b) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT AN AUTOMOTIVE SERVICE CENTER AND A FINAL PLAT AS REQUEST BY WAL-MART STORES INC. (BOSTON AND Minutes Planning Commission - April 18, 2000 Page 2 BALTIMORE) Chairman Arndt opened the hearing at 5:55 p.m. with the reading of publication #6148 for the conditional use permit as published in the Hutchinson Leader on Thursday, April 6, 2000. Ms. Wischnack explained the request for a conditional use permit and a final plat. She updated the Commission as to the conditions of the preliminary plat and the status of those conditions. She explained that the vacation would not be finalized until the final plat is approved by the City Council. She also added that the right-of-way needed for Market Street is currently owned by the Fair Board, and that staff was working with them to purchase this. She stated that the storm water pond was revised to meet concerns staff had about flooding of the Clock Tower Plaza. Mr. Arndt asked what the depth of the pond would be. The engineer stated that it would approximately four feet deep. Ms. Wischnack added that this area was historically a low area, but that Wal-Mart had received a Certificate of Exemption from Roger Berggren, McLeod County Environmentalist. Ms. Wischnack stated that the plat designated a lease area in the southeast corner. She stated that it did not meet the lot size requirements, but that as long as it was not platted and only leased, it did not have lot size requirements. Mr. Arndt asked if the proposed Boston Street would be one block in length. Ms. Wischnack replied that it would. Ms. Wischnack updated the Commission as to the status of the drainage ditch. She added that a consultant would be retained by the City to study the feasibility of filling the ditch and utilizing either a culvert or tile system. Rick Alben, owner of Champion Auto, questioned if he would have two access points after the reconstruction of the streets. Ms. Wischnack stated that this could be coordinated with the Engineering Department. Mr. Westlund moved to close the hearing for the conditional use permit request at 6: 13 p.m. Mr. Kirchoff seconded the motion. The motion carried unanimously. Mr. Westlund moved to approve the conditional use permit with staff recommendations. Mr. Kirchoff seconded the motion. Motion to approve with the condition that if the use changes or expands the permit must be amended carried unanimously. Mr. Haugen moved to approve the final plat with staff recommendations and the additional condition that staff will work with Champion Auto to maintain two accesses. Mr. Jones seconded the motion. Motion to approve with the following conditions: the applicant must execute the subdivider's agreement prior to commencement of construction, the applicant must hold a preconstruction meeting with the City, the City must obtain a deed to the property for the street prior to work commencing on Market Street, the applicant must execute a maintenance agreement, and staff will work with Champion Auto to maintain two access points carried unanimously. Mr. Arndt questioned if there would be angled parking. The engineer stated that in the main parking lot it would be with 900 parking in the peripheral lots. c) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A DRIVE-UP BANK FACILITY AS REQUESTED BY CITIZENS BANK (NORTH OF EDMONTON AVE AND WEST OF TH 15) Chairman Arndt opened the hearing at 6:17 p.m. with the reading of publication #6149 as published in the Hutchinson Leader on Thursday, April 6, 2000. Ms. Kreft explained the request and location of the satellite office. She stated that the main floor would be the main banking area with the second floor being used as lease space. She added that the original plans indicated a two-way street at the southern entrance. Staff had concerns that the turning radius would not be feasible and therefore recommended that this entrance be made an eastbound one-way. Jeffrey Pfilipsen of HTG Architects explained the project and presented a rendition of the proposed building. Mr. Jones questioned if all three facilities would be remain open. Tim Ulrich of Citizen's Bank stated that the south bank facility would be relocated to the proposed site. Mr. Westlund moved to close the hearing at 6:20 p.m. Mr. Kirchoff seconded the motion. The motion carried unanimously. Minutes Planning Commission - April 18, 2000 Page 3 Mr. Kirchoff moved to approve with the conditions that construction shall meet plans submitted on April 4, 2000 with one additional parking space to be located on the southeast corner of the building site and that the Summit Ash trees shall be changed to Black Ash species and Norway Maple to Common Hackberry as recommended by the City Forester. Mr. Jones seconded the motion. Motion to approve with the above conditions carried unanimously. d) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF MATERIAL (EXISTING USE) AS REQUESTED BY AMCON BLOCK INC (311 Hwy 7 EAST) Chairman Arndt opened the hearing at 7:12 p.m. with the reading of publication #6151 as published in the Hutchinson Leader on Thursday, April 6, 2000. Ms. Wischnack explained the request and that a conditional use permit had never been obtained for the outdoor storage. She listed the sections of the Ordinance which address outdoor storage and displayed photographs of the site. Ms. Wischnack also listed the proposed staff recommendations. Mr. Arndt questioned if the trees were on property owned by Amcon Block. Ms. Wischnack replied that they were and that there may be property line issues. Mr. Kirchoff questioned if the sale of property was complete. Ms. Wischnack stated that to her understanding it would not be completed until the conditional use permit was obtained. David Pederson, president of Amcon Block, stated that the property had been surveyed this morning and that the west lot line was actually approximately 40 feet further west than first believed. Mr. Pederson indicated the area of the tile inlet. He added that there had been some repair done to the intake last fall and that a berm and silt fencing had been constructed at that time. Ms. Wischnack read a letter that a neighboring property owner had written regarding the dust issues along 6th Avenue NE. Mr. Pederson stated that issues had been remedied last fall when that access had been barricaded. June Redman, 255 Hwy 7 East, stated that she felt the conditional use permit was not necessary because the plant had been in existence for so long. Mr. Arndt questioned her as to the existence of the ponds located in the northern portion of the property. She stated that they been in existence for many years. Bernadine Telecky, 321 Hwy 7 East, stated that there was often plastic and other materials that would cross into her property. She added that she would like to see a fence constructed. Clint Megard, 262 6th Avenue NE, stated that he had concerns with the construction of a fence adjacent to his property because the entrance would then need to be moved. He stated that by moving the gate, access would be restricted to his garage and driveway. Mr. Jones questioned if the conditions along 6th Avenue had improved. He stated that they had since ready mix trucks were no longer utilizing this route. Jay Miller, President of Marshall Concrete and potential owner, stated that the construction of an interior fence, as recommended by staff, surrounding the block piles was not feasible for access to the block. Mr. Arndt questioned him as to the area needed for block storage. Mr. Miller replied that approximately 12 acres would be needed for block storage. Ms. Wischnack questioned if an approximate timeline could be set for removal of the scrap material. Mr. Miller stated that it could possibly be done by the end of next season. Mr. Miller stated that they would reopen the access to 6th Avenue since a majority of the raw material would be transported from the northwest. Mr. Arndt questioned if Marshall Concrete had plans to also do ready mix concrete. Mr. Miller stated that it was not in their plans at this time. Mr. Haugen questioned the timeframe of this transaction and what effect tabling the request would have. Mr. Miller stated that tabling the request would not be in the best interest of the purchase. Mr. Olsen asked if the only condition recommended by staff that would not be feasible would be the interior fence requirement. Mr. Miller replied that was the only requirement not feasible. Mr. Westlund questioned if Mr. Miller felt that the fence requirement was feasible. Mr. Miller stated that he did feel it was feasible if limited to those areas adjacent to residentially zoned areas. John Fisher, General Manager of Marshall Concrete Products, discussed the screening issues and felt that the neighbors would want to comment on the placement of the fence since there are boundary line Minutes Planning Commission - April 18, 2000 Page 4 discrepancies. He added that he did not feel that a long term clean up should be attached to the conditional use permit. Mr. Haugen moved to close the hearing at 7:12 p.m. Mr. Jones seconded the motion. The motion carried unanimously. Mr. Jones moved to approve the conditional use permit including the following conditions: the owners agree to install a fence (where needed to provided screening) along the western boundary of the property to effectively screen the outdoor storage of materials from the Residential Zoning Boundary (western property line) required in Section 10.01 Screening; all items currently stored on the site which are not connected to the primary use of the property (i.e. inoperable machinery shall be stored in the designated area or removed from the site; the owners submit any environmental information concerning the property; compliance with any regulation regarding filling of wetland areas (if found to be in violation). This may occur by the owner agreeing to a certain time line for compliance; and compliance with any requests for drainage reconstruction. The request would not be placed on the City Council's agenda until a clean up plan would be submitted. Mr. Olsen seconded the motion. Motion to approve with above listed conditions carried unanimously. e) CONSIDERATION OF ANNEXATION REQUEST BY LARRY GRAF OF KDUZ/KKJR FOR 3.10 ACRES AND THE CITY OF HUTCHINSON FOR 15.18 ACRES LOCATED IN SECTION 30 OF HUTCHINSON TOWNSHIP (20132 HWY 15 N) Chairman Arndt opened the hearing at 7:25 p.m. with the reading of publication #6147 as published in the Hutchinson Leader on Thursday, April 6, 2000. Ms. Kreft displayed the location of the area proposed to be annexed. She explained that KDUZ/KKJ R is needed of receiving City sewer services and since the City owned property adjacent to the request, this property is also proposed to be annexed. Larry Graf, President and General Manager of KDUZ/KKJR, reiterated that the property was in need of City sewer. Ms. Kreft explained that since this was less than 60 acres it could be annexed by ordinance. Mr. Kirchoff moved to close the hearing at 7:27 p.m. Mr. Haugen seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve. Mr. Haugen seconded the motion. Motion to approve carried unanimously. f) CONSIDERATION OF CONDITIONAL USE PERMITS TO GRADE AND FILL IN THE FLOODPLAIN FOR CONSTRUCTION POLE BUILDINGS IN THE I/C DISTRICT AS REQUESTED BY CARLlE KARG (546 AND 579 2ND AVE SE) Chairman Arndt opened the hearing at 7:28 p.m. with the reading of publication #6150 as published in the Hutchinson Leader on Thursday, April 6, 2000. Ms. Wischnack explained the request and location of the proposed projects. She stated that Huron Street north of 2nd Avenue had been vacated in 1999. She added that the projects were on two separate lots and that grading and filling would need to be done on Lots 3 and 4. Mr. Kirchoff questioned why the building on Lot 10 of Block 21 was so much higher than other buildings and if it was necessary to build it at this height. Ms. Wischnack stated that sometimes buildings were built at a higher elevation, but that is was not always necessary. Ms. Kathy Lindblom, 216 Huron Street SE, raised a number of questions regarding the proposed project. She stated that she would like a privacy fence built to protect her children from trucks. She added that the shed on their property is only one foot from the property line. Mr. Karg stated that he would be willing to split the costs of such a project. Ms. Lindblom also stated that she would like at least a ten-foot setback for the proposed building maintained. Ms. Wischnack replied that the survey does currently have a setback of ten feet. Ms. Lindblom stated that currently trucks are parked blocking their driveway and displayed photographs. Mr. Karg stated that he had proposed to set back the building 60 feet from Huron Street to allow for enough room for the trucks to park and back into the lot. Ms. Lindblom also Minutes Planning Commission - April 18, 2000 Page 5 questioned if there would be set hours for loading and unloading and if assessments will increase because of increased truck traffic. She also added that people are often rummaging through the garbage of the current businesses to find discarded chip bags. Mr. Karg stated he would be willing to pay for the costs of utilizing a locked dumpster. Mr. Kirchoff questioned if Mr. Karg knew what use the proposed building in question would be. Mr. Karg stated that he had not yet decided if it would be used as lease space to a distributor or for his own septic installation business. Mr. Haugen moved to close the hearing at 7:46 p.m. Mr. Olsen seconded the motion. The motion carried unanimously. Mr. Haugen moved to approve with staff conditions and an additional condition that the dumpster be locked. Mr. Kirchoff seconded the motion. Mr. Haugen amended the motion to also include that a fence, decided upon by both neighbors, be constructed and that a locked dumpster be in place before occupancy of the building. Motion to approve included the following conditions: the permit is valid for 6 months (if a building permit has not been requested within that period, the applicant must request an extension prior to expiration); the buildings must be constructed as proposed on the site plan, additionally, grading must also be constructed as proposed, the applicant must meet with the City Engineer prior to commencement of construction; the parking areas for the buildings must be paved prior to receiving a certificate of occupancy for the buildings; no outside storage is allowed; building plans must be signed by a structural engineer; a locked dumpster must in place prior to occupancy of the building; and a fence, decided on by the property owners, shall be constructed. Motion carried unanimously. g) CONSIDERATION OF VARIANCES TO REPLACE AN ADDITION (2'5" SIDE YARD SETBACK INSTEAD OF REQUIRED 6') AND CONSTRUCT A DETACHED GARAGE WITH DRIVEWAY (3' SIDE AND REAR SETBACKS INSTEAD OF REQUIRED 6') AS REQUESTED BY RICHARD AND BARBARA PETERSON (24 GROVE STREET NW) Chairman Arndt opened the hearing at 7:55 p.m. with the reading of publication #6152 as published in the Hutchinson Leader on Thursday, April 6, 2000. Ms. Wischnack explained the request for three variances. She displayed photographs showing the existing home and proposed location for the garage and shed. She stated that the existing setback for the home is approximately 2.5 feet. The required setback is six feet. The proposed setbacks for the detached garage and shed is three feet. The required setbacks are also six feet for these structures. Ms. Wischnack explained that staff recommended a three foot setback for the addition to meet the requirements of the Building Code. She explained that the Building Code allowed for walls to be set back three feet with a one foot overhang into the setback, but that staff recommended that the entire addition be placed outside the three foot setback. She also added that staff recommended denial of the variances for the garage and shed. Mr. Peterson stated that they would be willing to construct the addition with the three foot setback and the allowance of the one foot overhang. He added that the staff recommendation would make the proposed addition too narrow to be feasible. He stated that due to the small size of the lot, it would be difficult to meet required setbacks for the garage. Mr. Richard Barrett, 415 Washington Avenue West, introduced himself as a neighbor of the Peterson's. He stated that he had no objections to the request. Mr. Jones moved to close the hearing at 8:31 p.m. Mr. Haugen seconded the motion. The motion carried unanimously. Mr. Westlund moved to approve the requests for variances with the following conditions: construct the addition onto the home at least 3 feet from the northern property line with no more than a one foot overhang; the driveway must be five feet from the property line; and grading for the driveway and garage must address drainage to the neighboring property, which is slightly below this home. Mr. Haugen seconded the motion. Motion to approve with the above listed conditions carried unanimously. Minutes Planning Commission - April 18, 2000 Page 6 i) CONSIDERATION OF A MORATORIUM ON CELLULAR AND RADIO TOWERS IN ORDER TO UPDATE AND REVISE THE EXISTING PORTION OF THE ZONING ORDINANCE Chairman Arndt opened the hearing at 8:26 p.m. with the reading of publication #6153 as published in the Hutchinson Leader on Thursday, April 6, 2000. Staff explained the process of adopting the moratorium. Staff recommended a moratorium of four months from the adoption of the ordinance. Mr. Westlund moved to close the hearing at 8:32 p.m. Mr. Olsen seconded the motion. The motion carried unanimously. Mr. Westlund moved to recommend adoption of a moratorium on all new telecommunication towers for a period of not more than four months. Mr. Olsen seconded the motion. Motion carried unanimously. 4. NEW BUSINESS a) EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY PAXTON ANDERSON Ms. Wischnack explained the request and stated that the extension would be for a time period of six months. Mr. Westlund moved to approve the extension. Mr. Kirchoff seconded the motion. Motion carried unanimously. 5. OLD BUSINESS Discussion was held relative to enforcement of banner signs on Main Street. 6. COMMUNICATION FROM STAFF Ms. Kreft presented the tentative agenda for May. 7. ADJOURNMENT There being no further business the meeting adjourned at 8:42 p.m.