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08-20-2002 PCM c MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, AUGUST 20, 2002 5:30 P.M. 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Arndt at 5:25 p.m. with the following members present: Lynn Otteson, Brandon Fraser, Robert Hantge, and Jim Haugen. Also present: Julie Wi schnack, AICP, Director of Planning/Zoning /Building; Lisa McClure, EDA Intern; and Marc Sebora, City Attorney. Members Absent: Dean Kirchoff and Kathy Hanneman 2. CONSENT AGENDA Robert Hantge moved to approve the minutes for the July 16,2001, meeting as submitted. Lynn Otteson seconded the motion. Motion carried. 3. PUBLIC HEARINGS a) CONSIDERATION OF PRELIMINARY AND FINAL PLAT SUBMITTED BY FRANK FAY FOR FREDRICK SELTZ AND HENNEN'S PROPERTIES TO BE KNOWN AS SELTZ SUBDIVISION LOCATED ON HWY 7 EAST AND HWY 22. Chairman Arndt opened the hearing at 5:30 p.m. with the reading of the publication #6762 as published in the Hutchinson Leader on August 8, 2002. Ms. Wi schnack commented on the nature of the plat application. The process has been long and had some changes made. Mr. Heikes' property has been removed from the plat therefore it will only have the Seltz and Hennen's properties. Issues that have been resolved are road right of way, and there will be room for future development and access to the Heikes property. There will not be utilities run to the property, which is stated in the Subdivision Agreement. Ms. Wi schnack read Page 1 on the Subdivision Agreement regarding the access road. Mr. Hantge moved to close the hearing, seconded by Mr. Haugen the hearing closed at 5:32 p.m. Mr. Fraser made a motion to approve the request for preliminary and final platting with staff recommendations. Ms. Otteson seconded the motion. The motion carried unanimously. Ms. Wi schnack stated this item would be placed on the August 27, 2002, City Council consent agenda. Planning Commission Minutes - August 20, 2002 Page 2 b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MICHAEL DEMMER, PRAIRIE SENIOR COTTAGES, TO CONSTRUCT AN ASSISTED LIVING PROJECT FOR 16 PERSONS WITH MEMORY LOSS LOCATED AT 850 CLEVELAND AVE. S.W. Chairman Arndt opened the hearing at 5:33 p.m. with the reading of publication #6763 as published in the Hutchinson Leader on August 8, 2002. Ms. Wi schnack explained the location of the proposed project to be the NE corner of Sunset and Cleveland. The layout of the facility will be the same as the existing Prairie Senior Cottages of Bradford Street. It will be a one level, duplex type facility with 8 persons living on each side. They will have covered entrances and a fenced in courtyard area in the back. Ms. Wi schnack showed pictures of the facility on Bradford and of the property, as it now stands, vacant. Chairman Arndt asked where the courtyard would be located. Ms. Wi schnack showed a picture and explained it would be located on the West side of the facility. Ms. Wi schnack went on to explain that it will be a 24 hour a day, seven day a week care facility for people with memory loss. Prairie Senior Cottages have a State License as an assisted living facility. The property is 42,000 square feet. .35 parking spaces per unit is the minimum requirement for this facility and they do meet this requirement. Ms. Wi schnack discussed the staff recommendations, number one: was there enough turnaround space for fire and emergency vehicles? The building will be fully sprinkled, alleviating that issue. The remaining issues have been taken care of. Michael Demmer, applicant, Prairie Senior Cottages, said he would answer any questions. Ms. Otteson asked why on the proposed courtyard drawing was there a circular sidewalk. Mr. Demmer explained that it would be a circular sidewalk with grass and a flower garden. The reasoning for this is that people with dementia often walk in circles; this will help them to find their own way around the courtyard. Mr. Demmer also commented on being in Hutchinson, it is a good location and he appreciates being here to provide this type of service. Bev Alsleben, 835 Cleveland, a neighbor, toured the existing cottages and said they look nice and are well kept. She came to the meeting to lend her support to the project. Ms. Wi schnack stated she had a call from a man who asked about the fencing. She explained it would be a 6-foot, green, plastic coated, chain-link fence, just like the existing fence. Mr. Haugen moved to close the hearing, seconded by Mr. Hantge the hearing closed at 5:45 p.m. Ms. Otteson made a motion to approve the request with staff recommendations. Mr. Haugen seconded the motion. Ms. Wi schnack explained that due to the time it would take to start this project, this fall, and to complete it this spring, a Planning Commission Minutes - August 20, 2002 Page 3 timeframe of one year be a condition, instead of the usual six months. Chairman Arndt asked if the motion could include that timeframe. The motion carried. 4. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS COLORADO RIDGE SUBMITTED BY KEVIN COMPTON LOCATED IN HELLAND'S SEVENTH ADDITION Ms. Wi schnack stated that drainage and driveway issues have been resolved. This project is three sets of twin homes, equaling six units. The preliminary plat was brought before the Planning Commission in May. Ms. Wi schnack went through the staff recommendations. Most have been completed, a couple are ongoing issues. Mr. Hantge made a motion to approve the request with staff recommendations. Mr. Haugen seconded the motion. The motion carried unanimously. b) DISCUSSION OF WEED ORDINANCE AND PROVESS USED (PRESENTED BY CITY FORESTER MARK SCHNOBRICH) Mr. Schnobrich was not at the meeting at this time. This item was moved later in the meeting. c) DISCUSSION OF RESEARCH ON FENCE ORDINANCE Ms. Wi schnack explained that Ms. McClure had done research on other city ordinances to find out how they handle fence issues. Ms. Wi schnack asked about this research because people have to come in for a Conditional Use Permit every time they do not meet front yard setbacks, which is very often. She would like to make it easier for the public and for city staff. Research was presented in the packet. Ms. Wi schnack commented looking through the research that Hutchinson was in the middle as to setbacks. She explained the Site Line Triangle used by many cities. Mankato and Maple Grove were two cities that used this triangle. Ms. Wi schnack asked for feedback from the commissioners. Mr. Haugen commented on the language used by some cities, including hedges and walls with their fence ordinances. He liked that language. Mr. Hantge and Ms. Otteson liked the site line triangle concept. Ms. Wi schnack said she would bring back language for the Planning Commission to review including language on the site line triangle. She also mentioned that allowing a Planning Commission Minutes - August 20, 2002 Page 4 Conditional Use Permit should still be allowed, if the proposed fence is not incompliance with the new language. d) DISCUSSION OF RESEARCH ON ROOF ORDINANCE Ms. Wi schnack discussed the research done by Ms. McClure on roof requirements. She commented that most cities do not have requirements about prohibiting flat roofs. Ms. Wi schnack also brought up language used by other cities as to the size requirement of an accessory building. Brainerd uses language to regulate the size (square footage) and height of the accessory building. Mr. Fraser commented that he did not see a problem with a flat roof and does not think the city should regulate against them. Ms. Otteson commented she liked the language used that would require an accessory building to be smaller than the principal building. Ms. Wi schnack explained that some cities even have requirements on the size of the doors of the accessory building, this would discourage some people wanting a business or to storage large objects in their accessory building. Mr. Haugen stated he received a call from a woman whose neighbor came in for a conditional use permit regarding a garage and she and her husband did not come to the meeting. Now that the garage is built, she is very unhappy with it and does not like that her neighbor has built a garage so large. Ms. Wi schnack commented that in the year-end report they could include pictures of accessory buildings that are of varying sizes, to get an idea of what the building would look like before it is built. Chairman Arndt suggested the Planning Commissioners going on a tour to look at sites to see the size of them now that they have been constructed. 5. OLD BUSINESS UPDATE ON AUAR Ms. Wi schnack updated the Planning Commission on the progress of the AUAR. She told the commission that the County Board had approved it. Now that the County Board, City Council, Planning Commission, and Joint Planning Board had approved it, the AUAR will be published soon. 6. COMMUNICATION FROM STAFF a) UPDATE ON ANNEXATION BY JOINT RESOLUTION OF VINCENT DOOLEY PROPERTY (1 ACRE) Planning Commission Minutes - August 20, 2002 Page 5 Ms. Wi schnack explained that the city is now going to go through the process of orderly annexation for the Vincent Dooley property. Ms. Baumetz will go to the township meeting next week to get more information. Mr. Dooley would like to be annexed because of sewer and water issues. c) JEFFERSON STREET PROJECT Ms. Wi schnack updated the Planning Commission on the progress of the Jefferson Street project. The project cost has come in lower than original anticipated. There will be a meeting with the neighbors to discussion the construction and the costs of the project. Dunnick Brothers has gotten the bid for the project. Chairman Arndt commented that two school buses would need to get in that area during the school year. Ms. Wi schnack said the school buses, garbage, and day care are three issues they are currently working to fix. The city has set aside money for gravel trails for people to walk on to be constructed during the project. The timeline for the project is to put in sewer and water this fall and to connect the homes to those services. Put a gravel base on the road and leave it for the winter. Then in the spring finish the road and pave it. d) HOPSICE HOUSE The Hospice House project is still coming on the agenda. Ms. Wi schnack anticipates it will be on the October meeting. They will have a neighborhood meeting coming soon. Some of the opposition to the project has come from rezoning and granting a Conditional Use Permit, what type of state licensing the facility will have and parking and traffic Issues. DISCUSSION OF WEED ORDINANCE (FROM NEW BUSINESS ABOVE) Mark Schnobrich came to the meeting to discuss the issue of the weed ordinance. He stated that thistle is the biggest problem. In the year 2002, 108 notices have been sent out and about 1/3 of them are to absentee or forfeited landowners. Chairman Arndt asked Mr. Schnobrich if they could send notices earlier in the year? He said yes they could and they will do so next year. Chairman Arndt asked if they could change the process. Mr. Schnobrich said they were going to for next year. Mr. Schnobrich explained that it is hard to get contractors out to clean up the lot once the city has sent a notice to the property owner. Some notices sent to businesses get sent to Corporate Headquarters. This never gets a response. Mr. Schnobrich explained the regulations; piles cannot be left for a certain number of days. The weeds once they are 8 inches tall can be tagged. Planning Commission Minutes - August 20, 2002 Page 6 There was been a good response from people who were fined. People are fined the cost of mowing/removal and administrative costs, which are $50. Mr. Haugen asked why they could not tag properties and then keep adding to the amount of the fine year after year. Mr. Hantge asked if the city ever gets their money from fines? Ms. Wi schnack said no. Spraying is one solution, it is acceptable and does work, but sometimes it leaves brownfields, creating another problem. Mr. Schnobrich said they are going to send notices right away in April in 2003. He also said that he needs support from the Planning Commission and the City Council to do this enforcement. It makes it easier to handle. Suggestions given to Mr. Schnobrich: earlier notices, getting rid of piles faster, try to get a phone number of someone who will be responsible for handling this problem, who owns the property that Mr. Schnobrich can work with if weed become a problem. Mr. Hantge suggested having a deposit when developers come in to do a subdivision, like a park dedication fee. If they meet the agreement, they can have their deposit back, if not, the city uses the money to clean up the property. Ms. Wi schnack did not think this would work. 7. ADJOURNMENT The next Planning Commission meeting is September 17, 2002 at 5:30 p.m. With no further business to discuss, the Planning Commission adjourned at 6:35 p.m.