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07-18-2000 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 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, Jeff Jones and Brandon Fraser. Also present: Julie Wischnack, AICP, Director of Planning/Building/Zoning; Holly Kreft, Planning Coordinator and Richard Schieffer, City Attorney. 2. CONSENT AGENDA Mr. Westlund moved to approve the minutes as submitted. Mr. Jones seconded the motion. Motion carried. 3. PUBLIC HEARINGS a) CONSI DERATION OF ANNEXATION OF APPROXIMATELY 28 ACRES OF PROPERTY LOCATED IN SECTION 8 OF HASSAN VALLEY TOWNSHIP AS REQUESTED BY ROD AND ANN RIEWER (1445 SOUTH JEFFERSON STREET) Chairman Arndt opened the hearing at 5:32 p.m. with the reading of publication #6204 as published in the Hutchinson Leader on Thursday, July 6,2000. Ms. Wischnack presented the request and displayed a map showing the municipal boundary relative to the property in question. She stated that the existing zoning of the parcel was A-1, Agricultural and that sewer would be available by the end of this year. Mr. Arndt asked for clarification of the location of the proposed sewer line. Ms. Wischnack stated that the sewer line would be to the north of the applicant's property and that they would be responsible payment for the connection from the sewer to their home. Galen Houk, 1399 Jefferson Road, stated that he and many of the neighbors to the north of the property did not want to be annexed in the near future. He added that he felt annexation of this property could expedite the annexation of the northern properties. He also asked that the City provide some written assurance that the properties that did not want to be annexed would not be forced to. Ms. Wischnack stated that staff had held an informational meeting for the neighborhood about a month ago. She added that is was made clear at that time that the City would not force annexation, and that the City would be more supportive of the neighborhood effort for annexation. Mr. Westlund questioned what the history of annexation was for the City. Ms. Wischnack replied that historically the City did not force annexation, and only acted on petitions. Mr. Schieffer stated although there was not a history of forced annexation, he would recommend against the City giving up its right to annex property. Rod Riewer, applicant, stated that the reason for his need of annexation was to replace a failing septic system. He added that because of the proximity of the Trunk Sewer Project, he felt it was an opportune time to petition. Dennis Boncquet, 1355 Jefferson Road, stated that he too was against the annexation at this time. He added that he felt there would be too much conflict between urban and rural residents. Kari Reed, 1425 Jefferson Road, stated that her concern was also an issue of future forced annexation. She stated that at the present time she had two horses. She added that she also was concerned about the conflict between urban and rural residents. She questioned whether the history of the City to not force annexation was a written policy or simply past precedence. Mr. Schieffer stated that there was not such written policy and that it was strictly based on the past history. Ms. Reed replied that she would like to see a written policy in place, particularly for the property owners along Jefferson Street. Mr. Westlund questioned if horses would be an allowed use within City limits. Ms. Wischnack replied that they would not be and that they would be considered non-conforming uses. She also added that of the four townships surrounding the City of Hutchinson, only Lynn Township had an orderly annexation agreement at this time. Minutes Planning Commission - July 18, 2000 Page 2 Mr. Jones questioned the timing of the sewer project. Ms. Wischnack replied that the tentative start is the middle of September. Matt Boncquet, 1355 Jefferson Road, stated that he too was against the annexation. He added that he felt that there would be too much conflict between the rural and urban residents. He also questioned what percentage of the area need to sign a petition for annexation. Staff clarified that it was a majority of the landowners for a given area if the area exceeds 60 acres. Mr. Jones questioned Mr. Riewer as to what his options were if he were not annexed. Mr. Riewer stated that he would then need to install a septic system and that he felt this would be more of a long-term cost. Mr. Jones questioned staff as to the status of the other utilities. Ms Wischnack replied that water would not be available at this time. She also added that she was unsure as to the status of electrical and natural gas services. Mr. Jones also questioned what the comprehensive land use plan indicated for this area. Ms. Wischnack replied that it was low density residential. Mr. Westlund questioned what the history of annexation in this area was. Ms. Wischnack replied that 3 separate parcels had petitioned for annexation in 1997. These properties were allowed to annex because services were available from the west. She also added that at that time the City Council indicated that no more individual properties should be annexed unless directly served from a service project. Mr. Jones moved to close the hearing at 6:03 p.m. Mr. Haugen seconded the motion. The motion carried unanimously. Mr. Haugen moved to approve the annexation request. Mr. Jones seconded the motion. Motion to approve the annexation request carried 6-1 with Mr. Kirchoff voting against. b) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH IN THE R-1 DISTRICT AS REQUESTED BY OAK HEIGHTS CONVENANT CHURCH (CORNER OF SCHOOL ROAD AND SOUTH GRADE ROAD) Chairman Arndt opened the hearing at 6:10 p.m. with the reading of publication #6205 as published in the Hutchinson Leader on Thursday, July 8,2000. Ms. Wischnack presented the location drawing. She stated that there would be two entrances and the since one is from School Road, a county highway access permit would be needed. She also added that since the intersection of School Road and South Grade Road was high traffic; both the City and County Engineers agreed that no obstructions could be placed in the northwest corner of the property. Mr. Arndt questioned how long the parking lot could remain unpaved. Ms. Wischnack replied that the Ordinance does not give a timeline but that the Planning Commission sometime did attach timeline as part of the conditions. Jon Beckman, member of the Church's building committee, stated that he had met with John Rodeberg, Director of Engineering, and that he had implied that the fees for the water and sewer services could be deferred. Ms. Wischnack stated that the City Council would be making this decision. Mr. Westlund questioned if the entire parking lot would be paved at this time. Mr. Beckman replied that it was the Church's intention to pave only the portion that would be used. Mr. Jones questioned staff as to the need for the two, ten-foot benches around the stormwater pond. Ms. Wischnack stated that this was recommended for safety reasons, particularly with the potential for a future baseball field in the vicinity. Mr. Westlund moved to close the hearing at 6:21 p.m. Mr. Kirchoff seconded the motion. The motion carried unanimously. Mr. Westlund moved to approve the conditional use permit request with the following conditions: 1. A right turn lane must be installed on School Road to accommodate the entrance to the church; 2. A 10' utility easement be provided to the City to address utility issues; 3. All parking area shall be paved. Only Minutes Planning Commission - July 18, 2000 Page 3 parking required for the current construction phase is required. Additional parking, as required by the code, may be built as future additions are constructed; 4. The storm water pond must have 2, 10-foot benches for safety reasons; 5. The future accessory garage will require a conditional use permit because the square footage exceeds 1,000 square feet. Future additions to the church will also require an additional conditional use permit; 5. Sewer and Water Access fees must be clarified by the Council; and 6. A sidewalk or trail connection should be built to connect into the South Grade Trail System. Mr. Olsen seconded the motion. Motion to approve with the above conditions carried unanimously. c) CONSIDERATION OF A CONDITIONAL USE PERMIT TO REPLACE AN EXISTING GARAGE AND DRIVEWAY 3' FROM THE SIDE PROPERTY LINE AS REQUESTED BY PHILLIP FORCIER (668 5TH AVENUE SW) Chairman Arndt opened the hearing at 6:22 p. m. with the reading of publication #6206 for the conditional use permit as published in the Hutchinson Leader on Thursday, July 6,2000. Ms. Kreft presented the requested and displayed a survey showing the existing and proposed garages. She stated that staff felt that the proposed garage should not encroach into the required setback any more than the existing garage. Mr. Haugen moved to close the hearing at 6:24 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the following conditions: 1. The proposed garage and driveway be constructed at least 3.6' from the eastern property line; 2. Gutters shall be installed so as to direct flow onto the applicant's property; and 3. An inspection of the proposed project shall be completed prior to the application for a building permit. Mr. Haugen seconded the motion. Motion to approve with the above conditions carried unanimously. d) CONSIDERATION OF A PRELIMINARY PLAT FOR A SUBDIVISION TO BE KNOWN AS SUMMERSET ADDITION AS REQUESTED BY DEVELOPERS RESOURCE COMPANY (NORTH OF PROPOSED EDMONTON AVENUE AND SOUTH OF ORCHARD AVENUE) Chairman Arndt opened the hearing at 6:26 p.m. with the reading of publication #6211 as published in the Hutchinson Leader on Thursday, July 6,2000. Ms. Wischnack presented the request and reminded that Commission of the previous rezoning configuration. She stated that the proposed three-to-eight family dwellings in the R-3, Medium-High Density Residential District, would require an additional conditional use permit. She also added that the higher density area required 20% private open space and that this would need to be shown on the final plat. Mr. Arndt questioned if the ponding would also be done at a later time. Ms. Wischnack replied that it would be done as part of a regional pond which also service the Menard Addition. She explained that the developer was proposing the first phase to be located in the northern end since this is where services are currently available. Gary Knudsen, 130 Orchard Avenue SE, stated that he felt it was important that the phasing start with the lower density and move into the higher density lots. He also questioned what the developer's history was. Mr. Arne Esterbrooks, the developer, stated that he had been a part of numerous projects located in and around the Twin Cities. Ms. Wischnack added that if there were any changes to the plans presented tonight, an additional hearing on the revised preliminary plat would be held. Tom Byrne, 330 Jefferson Circle, listed his concerns regarding the drainage in the southeast corner of the plat. Marty Campion, project engineer from Otto Associates, stated that lots in that corner had been intentionally oversized to allow for significant drainage easements. Mr. Westlund moved to close the hearing at 6:42 p.m. Mr. Jones seconded the motion. The motion to close the hearing carried unanimously. Mr. Westlund moved to approve the preliminary plat with the following conditions: 1. Need statement from applicant about the phasing plans, including grading (should start in the northern area of the development); 2. Need trail connection from Bradford to Minutes Planning Commission - July 18, 2000 Page 4 Edmonton; 3. Would need a temporary cul-de-sac if not extending Sherwood Street; 4. Denver should have a different name east of Sherwood Street; 5. Extend the east/west Bradford Street to the very eastern portion of the property with temporary cui de sac; 6. Future plans should include 10' trail on Denver Avenue and Sherwood Street; 7. Engineer must provide comment if an extension of the southern road is necessary; 8. Grading plans must be reviewed by the City Engineer, prior to submission for final plat; and 9. A subdivider's agreement must be executed at the time of final plat review. Mr. Kirchoff seconded the motion. Motion to approve with the above conditions carried unanimously. e) CONSIDERATION OF A CONDITIONAL USE PERMITTO REPLACE AN EXISTING GARAGE WITH A GARAGE EXCEEDING 1000 SQUARE FEET AND OCCUPYING MORE THAN 25% OF A REAR YARD AS REQUESTED BY RON TELECKY (607 BLUFF STREET NE) Chairman Arndt opened the hearing at 6:43 p.m. with the reading of publication #6207 as published in the Hutchinson Leader on Thursday, July 6,2000. Ms. Kreft presented the request and displayed overheads showing both the existing and proposed garages. She read the list of conditions that staff had recommended. Mr. Ron Telecky, applicant, stated that the garage size would actually be somewhat reduced to 34' width by 46' length. Mr. Arndt questioned if the height should also be limited. Ms. Kreft stated that it could be a condition if the Commission wished. Mr. Jones moved to close the hearing at 6:50 p.m. Mr. Haugen seconded the motion. The motion carried unanimously. Mr. Olsen moved to approve the conditional use permit with the following conditions: 1. Gutters shall be installed so as to direct flow onto the applicant's property; 2. The proposed garage shall be for storage only; 3. The proposed garage shall not be of pole-type construction; 4. The exterior of the proposed garage shall be similar to the exterior of the home; 5. Any driveways shall meet the required 5' setbacks; and 6. The height shall not exceed sixteen feet. Mr. Kirchoff seconded the motion. Motion to approve with the above conditions carried unanimously. f) CONSIDERATION OF A CONDITIONAL USE PERMIT TO USE AN EXISTING BUILDING FOR AN ANIMAL SHELTER IN THE I/C DISTRICT AS REQUESTED BY HEART OF MINNESOTA ANIMAL SHELTER (880 CENTURY AVENUE SW) Chairman Arndt opened the hearing at 6:53 p.m. with the reading of publication #6208 as published in the Hutchinson Leader on Thursday, July 6,2000. Ms. Kreft presented the request and read the list of conditions that staff had recommended. She added that staff was aware that the applicants' had concerns relative to the number of allowed animals and that staff was in agreement with the proposed changes. Mr. Olsen questioned why staff had chosen 20 animals as the limit. Ms. Kreft replied that it was based on numbers that the applicant had suggested as well as guidelines used by the McLeod County Zoning. Ms. Carla Hooper, representing the Heart of Minnesota Animal Shelter, explained the history of the project and read a letter that had been distributed to the Commission. Mr. Arndt questioned if the dogs would be allowed in the exercised area only. Ms. Hooper replied that they would. Mr. Jones questioned if the applicants had any previous experience with other animal shelters and if these other facilities had received complaints. Ms. Hooper stated that the group did work with other county shelters and that to her knowledge, they had not received any complaints. Mr. Jones also questioned if the group did know a maximum number of animals they would allow. Larry Sorenson, Chairman, stated that it was difficult to determine the number of animals, especially if any of the females were pregnant; however, he stated that they would never accept more animals than they had room for. Mr. Arndt read a letter of opposition from Victor Brinkmeier, 785 Cleveland Avenue SW. Mr. Jones moved to close the hearing at 7:05 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Minutes Planning Commission - July 18, 2000 Page 5 Mr. Haugen moved to approve the conditional use permit with the following list of conditions: 1. Any additional licensing required shall be obtained and copies submitted to the City prior to occupancy; 2. The exercise area is to be completely enclosed; 3. A building permit will be required for the fence for the exercise area; 4. Backflow controls shall be installed on the plumbing prior to occupancy; 5. The number of adult dogs shall not exceed 20 at anyone time with the number of cats (adult and infant) to be unlimited; 6. No animals shall be allowed to be housed outside the confines of the building; and 7. Animals shall only be exercised four at a time and under the direct supervision of staff. Mr. Kirchoff seconded the motion. Motion to approve with the above conditions carried unanimously. g) CONSIDERATION OF A CONDITONAL USE PERMIT FOR GRADING AND FILLING IN THE FLOODPLAIN FOR THE CONSTRUCTION OF A BMX TRACK AS REQUESTED BY THE CITY OF HUTCHINSON (TARTAN PARK) Chairman Arndt opened the hearing at 7:06 p.m. with the reading of publication #6209 as published in the Hutchinson Leader on Thursday, July 6,2000. Ms. Wischnack presented the request. She stated that since a significant amount of fill would be needed staff recommended that silt fencing be used next to the river as well as around the track during construction. Mr. Kirchoff questioned if the track would be for public use. Ms. Wischnack replied that to her knowledge it would have a user fee like other city recreation projects. Mr. Westlund questioned if the City would be holding the sporting events. Ms. Wischnack replied that they would. Mr. Haugen moved to close the hearing at 7: 11 p.m. Mr. Jones seconded the motion. The motion carried unanimously. Mr. Jones moved to approve the conditional use permit with the following conditions: 1. Silt fencing must be installed to properly protect the area from erosion; 2. Fencing must be installed around the track area; and 3. The DNR Hydrologist must provide comment on the request. Mr. Kirchoff seconded the motion. Motion to approve with the above conditions carried unanimously. h) CONSIDERATION OF AMENDMENTS TO THE CITY OF HUTCHINSON ZONING ORDINANCE REGARDING HOME OCCUPATIONS (SECTIONS 3,8 AND 10) Chairman Arndt opened the hearing at 7:12 p.m. with the reading of publication #6203 as published in the Hutchinson Leader on Thursday, July 6,2000. Mr. Westlund questioned if the existing uses would be allowed to continue. Ms. Wischnack replied that they would and if they did not meet the new requirements that they would be considered a non- conforming use. Ms. Wischnack presented a definition used in the City of Roseville ordinance regarding employees. She also referred to their example of the definition of delivery vehicles. She also added that the wording of "normal household use" may be difficult to define. There was discussion relative to the definition of employee and it was decided to use a definition similar to the City of Roseville's but to make allowances for employees who briefly visit the site. Mr. Fraser questioned if item numbered ten should be removed from the list. Mr. Schieffer stated that he would like to see it included. Mr. Kirchoff suggested leaving the wording for that item as presented and to have staff make the necessary interpretation if needed. Mr. Haugen moved to close the hearing at 7:29 p.m. Mr. Jones seconded the motion. The motion carried unanimously. Mr. Westlund moved to approve the recommended amendments to the ordinance with the additional language regarding employees and deliveries. Mr. Haugen seconded the motion. Motion to approve carried unanimously. i) CONSI DERATION OF A CONDITIONAL USE PERM IT FOR A TEM PORARY COM POST F ACI L1TY TO Minutes Planning Commission - July 18, 2000 Page 6 BE PLACED WITHIN THE FLOODPLAIN OF THE SOUTH FORK OF THE CROW RIVER AS REQUESTED BY THE CITY OF HUTCHINSON (SOUTH OF ARMORY BUILDING) Chairman Arndt opened the hearing at 7:30 p.m. with the reading of publication #6210 as published in the Hutchinson Leader on Thursday, July 6,2000. Ms. Kreft presented the request and displayed the area relative to the floodplain. She added that staff recommended approval and read the recommended conditions. Mr. Haugen questioned if the Department of Natural Resources had been notified. Ms. Kreft replied that Mr. Collett had been notified. Mr. Kirchoff moved to close the hearing at 7:32 p.m. Mr. Olsen seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the following conditions: 1. The site shall be limited to only yard waste; 2. No part of the proposed site may encroach outside of City property; and 3. The site shall not be used for a timeframe of greater than six months, unless an extension is requested. Mr. Olsen seconded the motion. Motion to approve with the above conditions carried unanimously. 4. NEW BUSINESS a) CONSIDERATION OF A FINAL PLAT FOR A 4-LOT SUBDIVISION TO BE KNOWN AS MENARD ADDITION AS REQUESTED BY MENARD INC. (NORTH OF AIRPORT ROAD AND EAST OF TH 15) Ms. Wischnack stated that since the applicants had not yet submitted their construction or grading plans, staff recommended the request be tabled. Mr. Haugen moved to table the request until the August 15, 2000 meeting. Mr. Jones seconded the motion. Motion to table the request carried unanimously. b) CONSIDERATION OF A FINAL PLAT FOR A 6-LOT SUBDIVISION TO BE KNOWN AS SECOND ADDITION TO ROLLING MEADOWS AS REQUESTED BY SORENSON AND NAUSTDAL PROPERTIES (EAST OF LOUISIANA AVENUE NW AND SOUTH OF GOLF COURSE ROAD) Ms. Wischnack stated that the proposed final plat consisted of six lots which followed the preliminary plat. She also added that the access to Golf Course Road was in the process of being constructed. Mr. Westlund moved to approve the final plat with the following conditions: 1. Must execute subdivider's agreement prior to consideration of the final plat by the City Council; 2. Erosion control must be present throughout construction, until stabilization of the soil occurs; and 3. Adequate access must be maintained during construction for the purposes of entering the property for emergency services. Mr. Olsen seconded the motion. Motion to approve with the above conditions carried unanimously. 5. OLD BUSINESS a) TABLED REQUEST FOR CONSIDERATION OF ANNEXATION OF PROPERTY LOCATED ON HWY 7 EAST AS REQUESTED BY FRANK FAY Ms. Wischnack summarized the sewer study that the Commission had requested from the previous meeting. She also added that staff would like an agreement similar to Mr. McRaith's if the annexation were approved. Mr. Fraser questioned how staff would like to handle the time period for the non-annexed properties. Ms. Wischnack replied that since the township's attorney was outside of the country at this time, the resolution could not be changed. She also added that staff recommended that there be either no time or a shorter time period. Mr. Jones questioned if the City could force the properties to annex. Ms. Wischnack stated that under Statute the City could force annexation for services, but not the way the present resolution is written. Minutes Planning Commission - July 18, 2000 Page 7 Mr. Jones questioned what the plans were for the parcel located directly to the south. Ms. Wischnack stated that it was the Hackbarth property and that they had not expressed an interest in annexation at this time. Mr. Westlund stated that he didn't like the use of the Luce Line Trail as the abutting property. Mr. Frank Fay, representative for property owners, read a letter written by Hennen's Furniture stating that they would like to see the process move forward. He also reiterated that they would only need water at this time and not sewer services. Mr. Jones asked if the City was going to pay for the water extension. Ms. Wischnack replied that the discussions have been it would not. Mr. Fay stated that the City Engineer had told him the developers would be responsible for about half of the cost. Mr. Fraser stated that it was a point for the City Council to decide. Mr. Jones stated that the request only met part of the staging plan and he questioned if it was sufficient. Mr. Haugen stated that since the sewer project relied on the property to the south being annexed, he did not feel that it met the staging plan. Bob Weir, owner of Yamaha Motorsports, stated that he had received a copy of the minutes from the Hutchinson Township meeting and at that time, they had approve the annexation with the condition that the properties not be annexed for 7 years. There was discussion relative to the township's intentions. Mr. Fraser moved to approve the annexation and asked that the City Council strongly consider the issues of city services, staff recommendations for changes to the resolution, and agreements if services are not in place. Mr. Haugen seconded the motion. The motion to approve, with the suggestions, carried 5-2 with Mr. Olsen and Mr. Kirchoff voting against. 6. COMMUNICATION FROM STAFF Ms Kreft presented the tentative agenda for August. 7. ADJOURNMENT There being no further business, Mr. Jones moved to adjourn the meeting at 8:25 p.m. Mr. Kirchoff seconded the motion. Motion carried.