Loading...
01-15-2002 PCM c MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, JANUARY 15,2002 5:30 P.M. 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: Lynn Otteson, Brandon Fraser, Jason Olsen, Jim Haugen and Dean Kirchoff. Also present: Julie Wi schnack, AICP, Director of Planning/Zoning /Building; Melissa Starke, Recorder; and Dick Schieffer, City Attorney. Absent: Jeff Jones Plannin2 Commission Reor2anization Ms. Wi schnack disbursed a letter to the Commission from Jeff Jones announcing his resignation from the board and the Mayor will be appointing a member to fill his position. Jim Haugen nominated Dean Kirchoff for Vice Chairman of the Planning Commission. Motion by Haugen, second by Olsen to nominate Dean Kirchoff as Vice Chairman of the Planning Commission. Dean Kirchoff, Vice President, called for the nominations of the Chair of the Planning Commission. Motion by Otteson, second by Olsen to nominate Bill Arndt as Chairman of the Planning Commission. 2. CONSENT AGENDA Motion by Haugen, second by Otteson, to approve the minutes from the December 18, 2001, meeting as submitted. Motion carried. 3. PUBLIC HEARINGS A) CONSIDERATION OF REZONING FROM R4 TO R3 AND A SKETCH PLAN REVIEW AS REQUESTED BY ED RETTMAN JR., OWNER OF PROPERTY AT 1111 BLACKHAWK DRIVE SE Ms. Wi schnack explained that currently this area is zoned as R4, which would occupy multiple-use housing (over 8 units). The applicant is requesting this area be rezoned as R3 for single-family dwellings. Ms. Wi schnack explained that staff agreed that rezoning this area as R3 would not be a major issue. The total number MINUTES - PLANNING COMMISSION - JANUARY 15,2002 of units will be approximately 26 in this area. There are no airport safety issues in this area. Ed Rettman, 564 Hassan St, explained that grading would be complete throughout the entire area. Mr. Rettman plans on selling the lots. If the lots do not sell, he would develop in phases. Mr. Kirchoff questioned whether or not the city would be requiring Mr. Rettman to move the current pond. Ms. Wi schnack explained that the original plat has changed greatly as compared to the current application and the entire site plan needs to be re-evaluated. Motion by Haugen, second by Olsen, to close the public hearing. Motion carried. Motion by Haugen, second by Olsen, to approve rezoning this area from an R4 district to an R3 and approving the sketch plan review with staff recommendations. Motion carried unanimously. B.) CONSIDERATION OF A CONDITIONAL USE PERMIT TO OPERATE A MOTORCYCLE REPAIR, SALES AND PAINTING BUSINESS IN THE INDUSTRIAL/COMMERCIAL (I/C) DISTRICT, AS REQUESTED BY MICHAEL ANDERSON, APPLICANT AND BERNIE MCRAITH, OWNER LOCATED AT 700 AIRPORT ROAD Ms. Wi schnack explained that this application is for an expansion within an existing building. Ms. Wi schnack explained that opaque fencing is needed outside the existing building. In addition, there are several disassembled vehicles outside of this building as well as unlicensed vehicles. These vehicles do need to be moved in a timely manner so that a "salvage-lot look" does not transpire. The septic area also needs to evaluated for maintenance. Sewer services may be installed as soon as 2003. There are several conditions that staff is requiring if this conditional use permit is approved. Height elevations of tree plantings will be researched. Michael Anderson, 455 Rose Lane, applicant, spoke before the Commission commenting that this would be an advantageous business for the community. Ms. Wi schnack referred to the letter received from Yamaha MotorSports stating wishes that guidelines being applied to the newly annexed area on Hwy 7 will also apply to the developing area on and around Hwy 15 South. Mr. Arndt commented that the Planning Commission expects this area to look nice and kept up as a gateway to the city. Ms. Wi schnack reported on the vandalism issue in this area and how it is being addressed. 2 MINUTES - PLANNING COMMISSION - JANUARY 15,2002 Mr. Fraser questioned where the gateway boundaries are set in the city. Ms. Wi schnack explained that in the Comprehensive Plan it is clarified as to the areas incorporated into the gateway areas. Ms. Wi schnack explained that when the Urban Design Guidelines ordinance is approved, the content would apply to other parts of the city as well and not just the area along Hwy 7 East. Mr. Schieffer explained that the conditions placed on this permit deal with the applicant and not the property owner. The property owner is currently not in compliance with the original conditional use permit when the building was constructed. Mr. Schieffer also noted that the Commission would have the ability to not allow any further expansions/additions until the property owner meets compliance with the current conditional use permit. Mr. Arndt recommended requesting a letter of intent from the property owner. Mr. Schieffer stated that a letter of intent would not be necessary, due to the fact the conditional use permit is already in place. Mr. Fraser questioned whether or not the property owner could be forced to meet compliance and not penalize the applicant regarding the new business. Mr. Schieffer noted that opening a conditional use permit could have ramifications and there could be alternatives to handling this issue. Motion by Fraser, second by Haugen to close the public hearing. Motion carried. Motion by Fraser, second by Haugen to approve the conditional use permit with staff recommendations. Motion carried. (C) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A 14 X 30 FOOT ACCESSORY TEMPORARY BUILDING FOR STORAGE IN AN INDUSTRIAL/COMMERCIAL (I/C) DISTRICT, AND REZONING FROM AN R1 TO AN I/C DISTRICT AS REQUESTED BY LOWELL BAUMETZ (MODERN MAZDA), LOCATED AT 585 HWY 7 W. Ms. Wi schnack explained the site plan to the Planning Commission. There is a small piece of property connected to the north of the property that is zoned as R1 that needs to be rezoned as I/C. Ms. Wi schnack explained that the original application submitted was requesting a temporary building, which staff denied. Mr. Baumetz submitted a revised application that includes a permanent shed-type building. Reasons for original denial by staff dealt with lack of wind load/snow load information, setting a precedence with other businesses along Hwy 7 with this type of building, the placement of the building and the visibility of the building from Hwy 7. Staff questioned the ability to expand to the current building, however due to the drain field, this option was not feasible. A pumping agreement needs to be signed by the applicant with the city. This is required of any business within city limits that may possibly have septic failure. 3 MINUTES - PLANNING COMMISSION - JANUARY 15,2002 Ms. Otteson questioned whether or not this structure could possibly be moved in the coming years. Ms. Wi schnack explained that the applicant does have intentions to move this structure once underground improvements are made. Bonnie Baumetz, Modem Mazda, explained that the additional piece of property to the north was zoned in Acoma Township when the property was purchased. In addition, the small structure to the west of the current building will be moved, as well as the structure up for application. The structure being applied for will house a tow truck that is currently too large for the existing structures. Future plans are to expand the current building once it's feasible. Ms. Baumetz noted that the structure size is 10' in height. Motion by Otteson, second by Olsen to close the public hearing. Motion carried. In the staff recommendations section, Line 5, the word utility will be added to service lines. Motion by Haugen, second by Kirchoff to approve conditional use permit with staff recommendations. Motion carried. (D) CONSIDERATION OF A CONDITIONAL USE PERMIT TO PLACE A PORTABLE SIGN AT 1200 ADAMS STREET SOUTH, AS REQUESTED BY KNIGHTS OF COLUMBUS, APPLICANT AND NATIONAL GUARD ARMORY, OWNER Ms. Wi schnack explained that this is an annual request that has been grandfathered into this process, even though the ordinance no longer allows such a use. Motion by Kirchoff, second by Olsen to close the public hearing. Motion carried. Motion by Kirchoff, second by Haugen to approve conditional use permit with staff recommendations. Motion carried unanimously. Ms. Wi schnack explained that the Knights of Columbus is required to pay a fee for the signage, which is a new policy of the Council. (E) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CREATE A RECREATIONAL PARK FACILITY WHICH WOULD INCLUDE A SKATE PARK, BMX TRACK, SOFTBALL FIELD AND PLAYGROUND AREA WITHIN AN R2 ZONING DISTRICT, AS REQUESTED BY WORD OF LIFE CHURCH, LOCATED AT 950 SCHOOL ROAD SW Matt Jannich, Intern with EDA, presented the site plan information to the Commission. Ms. Wi schnack explained that Mr. Jannich assisted in her 4 MINUTES - PLANNING COMMISSION - JANUARY 15,2002 department through the month of December. Mr. Jannich explained that staff had concerns with the recreation area and the possibility of expansion in the future. The applicant explained that if expansion is completed, the recreation area would be removed. Staff is also recommending that the softball diamond change positions, so that home plate faces the southwest. Additional items addressed were hours of operation and supervision of the facility. Staff recommends approval with conditions. Mr. Fraser questioned whether or not the facility would be monitored at all times (7 days/week, 365 days/year). If this is not done, he suggested fencing be placed around the entire facility. Rev. Jim Hall, 1085 Randall Road and Brad Messner 835 Elm Street, presented before the Commission. Rev. Hall presented that this type of facility is needed within the community. Mr. Hall explained that there are 13 acres available behind the current church structure. Mr. Hall noted that the BMX track will require 2000 lbs. of clay. He is recommending moving the track to the north and the softball field to the south. Mr. Kirchoff questioned whether or not there would be outdoor lighting at the facility. Rev. Hall stated that there are no plans for outdoor lighting at this time. Mr. Kirchoff also suggested having posted hours at the facility. Mr. Arndt is in favor of switching the location of the BMX track and the softball field due to drainage issues. Rev. Hall addressed some of the issues brought up by staff and residents. One issue was the condition stating "no outdoor music". Mr. Arndt questioned Rev. Hall on liability coverage. Brad Messner explained that he has spoken with the church's attorney and insurance company. The insurance company recommended having waiver forms signed by users. He noted that helmets will be a requirement in the skate park. He also stated that he has been informed by the church's insurance company that the insurance policy will cover all liability issues. Mr. Haugen questioned whether or not dusting from the BMX park would be an issue to area residents. Rev. Hall replied that he didn't feel that there would be any additional dusting that hasn't already occurred. If there is additional dusting, a process of watering the track down would be in place. Ms. Otteson raised the issue of outdoor music. Ms. Otteson suggested wording such as, "no permanent outdoor speakers", as compared to "no outdoor music". Rev. Hall noted that if outdoor speakers were installed by the church, the church would have control over the volume and type of music. 5 MINUTES - PLANNING COMMISSION - JANUARY 15,2002 Kevin Messner, 86 Century Ave., presented on the topic of music being played outdoors. He encouraged the wording of "no music allowed" be removed from the conditions. He did state that if the church regulated the type of music being played, it would be less offensive to residents. Dennis Kahl, 960 Milwaukee Ave., owns the property to the north of the proposed developed area. Mr. Kahl's concern is that there is proper separation between the BMX track and future housing developments. Joe Wozniak, 1525 McDonald Drive, commented that speakers could be placed on the property facing away from the residents, even to the point that the residents may not be able to hear any sound at all. Mr. Schieffer suggested wording, "no outdoor music in connection with the BMX or skate park which creates excessive noise...." Rev. Hall also had concerns with condition #9 on the staff report. He wishes to see specific complaints listed. Mr. Schieffer noted that this condition is already addressed in the City Code. He also noted that revocation of the permit would most likely be a last resort if compliance issues have been addressed by the property owner. Rev. Hall noted that the church would build a burm if required between the BMX track and the residential lots. Mr. Haugen questioned Item #2 and the hours of supervision. Rev. Hall stated that it is not feasible for the church to have someone supervising on site every day. This park will be open to the public and not just parish members. Mr. Fraser questioned whether or not a conditional use permit would be needed if outdoor lighting would be installed at a later date. Ms. Wi schnack stated that staff would like to be informed if outdoor lighting is installed. Rev. Hall commented that no outdoor lighting is planned at this time for the purpose of activities being held after dark at the park. Mr. Fraser stated that an additional condition should be that if outdoor lighting is installed, it would require reviewal by the Planning Commission. Rev. Hall questioned whether or not that would pertain to security lights. Ms. Wi schnack stated that security lights would not need a conditional use permit. Motion by Haugen, second by Kirchoff to close the public hearing. Motion carried. Motion by Fraser, second by Haugen to approve conditional use permit with the following amendments to staff recommendations: 1) striking the word "volunteer" from condition #2; 2) strike "no outdoor music shall be played" in 6 MINUTES - PLANNING COMMISSION - JANUARY 15,2002 condition #7, replacing with the wording".. . relating to outdoor music being allowed in conjunction with the softball park and skating facility but would not create excessive noise to the residents" (wording provided by Dick Schieffer); 3) add condition #10 - an additional conditional use permit would be required for the installation of outdoor lighting for softball park/BMX track; 4) a revised site plan should be submitted before approval at the Council meeting. Motion carried unanimously. Ms. Wi schnack reminded the applicant that a new site plan should be submitted to address the placement of the softball field and BMX track, as well as the separation between the track and the residential area. Mr. Kirchoff requested that Hunter's Ridge Church and Word Of Life Church continue working in a good relationship and that Word of Life continue to comply with requests of Hunter's Ridge. (F) CONSIDERATION OF ORDINANCE NO. 01-304, AMENDMENT TO CHAPTER 11 (ZONING ORDINANCE) ADDING LANGUAGE FOR A NEW ZONING DISTRICT NAMES "GATEWAY ZONING DISTRICT" Ms. Wi schnack explained that this is a first draft that was modeled after Mankato's Urban Design Guidelines. Ms. Wi schnack explained the details of the draft. Much emphasis was placed on building design and construction, landscaping and fencing. Mr. Haugen stated that a definition is needed for transitional yard. Ms. Otteson questioned whether or not there was enough staff to enforce the landscaping portion of the ordinance. Ms. Wi schnack stated that the City Forester would be able to handle the enforcement. Dennis Miller, contractor working with Bob Wiehr, Yamaha MotorSports presented before the Commission. Mr. Miller has concerns with the section pertaining to building design and construction, especially relating to precast panels. He has concerns with the expense incurred for "nicer looking buildings". Mr. Miller also has concerns with no chain link fences. His example is that if Yamaha would like to display products, but does not want them to be stolen or vandalized, the only choice would be for them to have a chain link fence. Another issue would be the type of building used for storage. Lenny Greggis, Lester Buildings, requested that the Commission be sensitive to various types of material and not limit the type of material used. "Cheaper" material can be used and look very attractive. Mr. Miller commented on the buildings his construction company has done work on and the ability there is to "dress up" the buildings. 7 MINUTES - PLANNING COMMISSION - JANUARY 15,2002 Ms. Wi schnack addressed these concerns by stating that this area is receiving the most scrutiny because of the extremely highly visible area, the "gateway". Ms. Wi schnack further noted that there is room to work with the types of structure under Section A (5). Mr. Schieffer noted that if there are no controls within the code, there will be no controlling of the design or of requiring applicants to provide the design of the building. Mr. Kirchoff requested that verbage from the C-5 district be incorporated into the ordinance regarding building design. Ms. Wi schnack is requesting suggestions for revisions to present at the workshop being held with the City Council on January 22. Ms. Otteson noted that transitional yard needs to be defined, the purpose verbage from C-5 needs to be incorporated and the issue of materials needs to be addressed. Mr. Schieffer suggested that a title be assigned to the bullet "or similar or better materials....." as well as a process be assigned to this item. Mr. Haugen also suggested striking the word "better" out of "or similar or better materials.. ." Motion by Otteson, second by Kirchoff to close public hearing. Motion carried. Motion by Olsen, second by Haugen, to table this item until February 19,2002. Motion carried. 4. NEW BUSINESS a.) Comprehensive Plan Open House - Tuesday, February 19,3:00-5:30 p.m. A second Open House will be held - Wednesday, February 20,3:00-5:30 p.m. Ms. Wi schnack explained that there will be two open houses to share the Comprehensive Plan with the public. The open houses will be walk-around events with maps stationed at various locations. A public hearing will be held those same nights regarding the Comprehensive Plan. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF a) Tentative February Agenda 8 MINUTES - PLANNING COMMISSION - JANUARY 15,2002 Mr. Haugen noted that if anyone has a recommendation to fill Jeff Jones's position, they should provide such names to the Mayor for appointment. 7. ADJOURNMENT Motion by Haugen, second by Fraser to adjourn. Meeting adjourned at 8:20 p.m. 9