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02-18-2003 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, February 18, 2003 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman Dean Kirchoff at 5:30 p.m. with the following members present: Brandon Fraser, Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Vice Chairman Kirchoff. Absent: None Also present: Julie Wischnack, AICP, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. ELECTION A) ELECTION OF OFFICERS Mr. Hantge nominated Mr. Kirchoff as Chairman and Mr. Fraser as Vice Chairman. Mr. Haugen moved nominations cease. Seconded by Ms. Otteson nominations ceased and Mr. Kirchoff was elected Chairman and Mr. Fraser was elected Vice Chairman by a unanimous vote. 3. APPROVAL OF MINUTES A) Consideration of Minutes dated January 21, 2003 Mr. Haugen moved to approve the minutes of January 21, 2003 as submitted. Seconded by Mr. Currimbhoy. The minutes were approved unanimously. 4. PUBLIC HEARINGS A. CONSIDERATION SUBMITTED BY PROPERTY) OF PRELIMINARY PLAT AND REZONING HUTCHINSON LAND HOLDINGS (SHIMEK Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7002 as published in the Hutchinson Leader on February 6, 2003. Ms. Wischnack commented on the request for a Preliminary Plat and rezoning the entire plat to R2. The developers have decided not to request a POD. The zoning will be straight R2 zoning. Ms. Wischnack stated there will be 95 single and two family lots in the plat. She stated a plat name will is required on the Final Plat. She explained Edmonton Ave. is not presently constructed. Ms. Wischnack explained no driveway may access onto Edmonton Ave. or Jefferson St. She stated a turn lane is Minutes Planning Commission February 18, 2003 Page 2 suggested on Jefferson St. Issues discussed were the wetland area and stormwater ponding, grading and turf establishment (maintaining Outlot A) weed control with one contact person the City may call and the fee schedule. Ms. Wischnack commented on the staff recommendations as follows: 1 The plat must be named. 2 Staff will work with the developer to establish Street names. 3 The wetland mitigation document and approval from Roger Berggren must be submitted. 4 A phasing plan, by year, must be submitted. 5 A maintenance company must be identified to take care of the property prior to homes being constructed in the area. 6 A bond or letter of credit must be submitted at the time of subdivision agreement execution. 7 The escrow must be submitted prior to construction. S Other fees will be collected at the time of building permit. 9 The plat must reflect 6 foot side yard easement areas. 10 A south bound, right turn lane should be added to the grading plan. 11 The Final Plat will not be considered until the City Council has approved proceeding with the Edmonton Avenue project. Mr. Paul Betker, property owner, questioned the 7% cash escrow required by the City. Ms. Wischnack explained 1 % may be excluded if the developer would apply and receive affordable housing status with the HRA. Ms. Wischnack stated a twelfth condition should be adding regarding the tile line agreement being signed by the owners prior to final plat approval. Mr.Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:50 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations adding #12 regarding the tile line agreement. Seconded by Mr. Fraser, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held February 25,2003 in the Council Chambers at 5:30 p.m. B. CONSIDERATION OF LOT SPLIT AND VARIANCE REQUESTED BY DAVID BROLL ON PROPERTY LOCATED AT 216 LINDEN AVE. SW. This item was withdrawn by Mr. Broil. Ms. Wischnack stated there was previous communication from Mr. Broil stating he would plant trees along the north property line when his development was completed. Minutes Planning Commission February 18, 2003 Page 3 C. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY MENARDS TO CONSTRUCT A FENCE 14 FEET IN HEIGHT AND OUTDOOR STORAGE AND DISPLAY AREA LOCATED AT 1525 MONTREAL STREET SE Chairman Kirchoff opened the hearing at 5:53 p.m. with the reading of publication #7000 as published in the Hutchinson Leader on February 6, 2003 Ms. Wischnack commented on the request and stated this is an amendment to the original Conditional Use Permit. She stated the plan indicates a cold storage warehouse to be located on the north end of the present building. She commented on the detail design plans and the emergency access concerns. She reported on the City Forester's recommendations regarding species of trees to be planted. Ms. Wischnack commented on the following staff recommendations: 1. The site plan dated 12/05/02 shall be followed. Any deviations to the site plan, must be approved by the City, prior to construction. 2. The City Forester's request for change in one of the species shall be followed. 3. The conditional use permit is valid for a period of six months, from the date of approval. 4. The applicant must provide detailed building drawings for the building department to review. 5. The City has outstanding issues relating to the road improvements for the project and drainage to the south of the existing fence. These problems must be resolved and the City reserves the right to withhold permitting or certificate of occupancy for the construction. Ms. Wischnack stated the applicant requested #3 should be changed to one year from six months. Discussion followed on the drainage issues on the south side of the property. There was also discussion on the traffic flow from the north end of the site. Mr. Prochaska, Menards, explained the request to include a garden center on the south end of the building. He stated they would sell live plants in the Spring and Christmas trees in the winter. He commented on the roof line and fence changes. Ms. Wischnack explained the warehouse is taller than the fence. Mr. Prochaska stated access to the garden center is walk through Discussion followed on fire department access to the warehouse and proposed parking on the north side of the building for customers or employees. Minutes Planning Commission February 18, 2003 Page 4 Mr. Haugen made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6.05 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations changing #3 to indicate one year. Seconded by Mr. Haugen, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held February 25, 2003 in the Council Chambers at 5:30 p.m. D. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON UTILITIES COMMISSION FOR CONSTRUCTION OF POWER LINE LOCATED IN THE 11 DISTRICT ALONG CITY LIMITS IN SECTION 5 (LUCE LINE TRAIL) Chairman Kirchoff opened the hearing at 6:07 p.m. with the reading of publication #7001 as published in the Hutchinson Leader on February 6, 2003 Ms. Wischnack explained the placement of the power line within the City limits. She explained Great River Energy will apply for the Conditional Use Permit for the portion of line in the Joint Planning Area. Don Nelson, Hutchinson Utilities, explained the need to change the routing of the line from the request in January. He stated the previous route crossed more private properties. Now they will be using more public right of way. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Hantge, the hearing closed at 6.15 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Flaata, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held February 25,2003 in the Council Chambers at 5:30 p.m. At this time, Ms. Wischnack asked Chairman Kirchoff to proceed to the new business items since there were persons in attendance to discuss their requests. 5. NEW BUSINESS A. CONSIDERATION OF CONDITIONAL USE PERMIT VIOLATION LOCATED AT 1150-13 TH AVE. NW Ms. Wischnack commented on the discussion from last month and asked the Planning Commissioners for their decision to proceed with enforcement of this matter. Chairman Kirchoff commented on the 4 options given by City Atty. Marc Sebora at the January meeting. He questioned the draft proposed by the Plowman's and submitted at this meeting. Minutes Planning Commission February 18, 2003 Page 5 Atty. Sebora stated the Plowman draft would accomplish the same purpose. He stated he would change the recording in #3 to state the City would record the covenant. Ms. Otteson commented on the use of a covenant or quit claim deed and stated that #2 of the covenant addresses the third party heirs. Atty. Sebora explained the covenant maintains there would be no residence until one year after the property is conveyed to another party. Mr. Fraser made a motion to approve granting one year to construct a house on the property. The motion failed for lack of a second. Mr. Flaata made a motion to approve Atty. Sebora's deed restriction, seconded by Mr. Haugen. The motion carried with Mr. Fraser voting nay. The vote was 6 ayes to 1 nay. Ms. Wischnack stated this item will placed on the City Council regular agenda from their decision on February 25, 2003. B. CONSIDERATION OF FINAL PLAT TO BE KNOWN AS STEARNS WOODS LOCATED WEST OF HONEY TREE ROAD Ms. Baumetz commented on the request for a Final Plat and reminded the Planning Commissioners of the background leading to the plat. She commented on the proposal for Park Island Drive and the bonding for street improvements with assessment costs against the property involved. She commented on the following staff recommendations: 1. A subdivision agreement must be executed prior to commencement of construction. 2. The outlots will never be deemed buildable parcels of property. 3. Further subdivision of the property will require a replatting process. 4. Further subdivision must coincide with Park Island Drive connecting to the east. Mr. Fraser abstained from voting. Ms. Otteson made a motion to approve the request with staff recommendations. Seconded by Mr. Haugen the motion carried. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held February 25, 2003 in the Council Chambers at 5:30 p.m. C. PRESENTATION OF CONCEPTUAL PLAN OF NAUSTDAUSORENSEN DEVELOPMENT EAST OF ROLLING MEADOWS PLAT Ms. Wischnack commented on the plan and the history of the property. She stated the development is approximately 25 acres. She stated the Greater Minnesota Housing fund is helping to design the development and are requiring the alley concept on a portion of the development. This will create a few narrow lots at 55 feet. The property will be rezoned to R3 which requires 60 foot wide lots. The developers will request the property be placed in a Planned Development District to allow for the Minutes Planning Commission February 18, 2003 Page 6 narrow lots. Ms. Wischnack reported there will be twin homes on the south edge of the development. Discussion followed regarding walking paths along Golf Course Rd. Diane Sorensen, Naustdal/Sorensen, stated the garages will access from the back onto the alley. She stated Greater M N is trying to obtain a front porch type neighborhood in the middle portion of the development. Sidewalks will lead to the one acre park area. Ms. Sorensen explained the Greater MN Housing funding will help keep houses affordable. She stated there will be a housing mixture throughout the development. Twin homes will buffer the commercial district to the south. Consensus of the Planning Commission is to move forward with the project. PUBLIC HEARINGS - CONTINUED E. CONSIDERATION OF AMENDMENT TO SIGN ORDINANCE REGARDING SANDWICH BOARD SIGNS Chairman Kirchoff opened the hearing at 6: 55 p.m. with the reading of publication #7003 as published in the Hutchinson Leader on February 6, 2003. Ms. Wischnack commented on the proposal stating there are presently sandwich board signs in use in the City. She reported the Downtown Association began discussions on the need for regulation of the boards and regulation should include all areas of the City. Discussion followed on the use of some proto-type signs. She then reviewed the proposed ordinance with the Commissioners stating the permit costs may range between $10 - $15. Atty. Sebora commented on the claims to the City by citizens tripping on the sidewalks. He suggested adding a statement naming the City of Hutchinson on the insurance yearly with the permit. The business must supply a copy of the declaration to the City. Ms. Wischnack commented on the survey sent to businesses regarding sandwich board sign usage. There was a high return of the surveys. Consensus of the Planning Commission was not to use proto-type signs but allow businesses to individualize their boards. Mr. Hantge moved to table this item to next month. Seconded by Mr. Haugen the motion carried unanimously. Ms. Wischnack stated temporary and portable signs will be researched for a future meeting. Mr. Hantge left the meeting at 7:20 p.m. Minutes Planning Commission February 18, 2003 Page 7 F. CONSIDERATION OF AMENDMENT TO THE FLOOD PLAIN ORDINANCE REGARDING THE OFFICIAL MAPS Chairman Kirchoff opened the hearing at 7:20 p.m. with the reading of publication #7004 as published in the Hutchinson Leader on February 6, 2003. Ms. Baumetz commented on the ordinance change required by the State. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 7:22 p.m. Mr. Haugen made a motion to recommend approval of the request. Seconded by Ms. Otteson, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held February 25,2003 in the Council Chambers at 5:30 p.m. G. CONSIDERATION OF AMENDMENT TO REQUIREMENTS SECTION 12.4 ADDING REQUIREMENTS IN NEW SUBDIVISIONS) THE SUBDIVISION SUBD. 5.5 (TREE Chairman Kirchoff opened the hearing at 7:29 p.m. with the reading of publication #7005 as published in the Hutchinson Leader on February 6, 2003. City Forester Mark Schnobrich commented on the request. He stated previously the City provided the boulevard trees and the maintenance of the trees. He reported research of other communities is very diverse in boulevard tree planting. He reviewed the proposed ordinance with the Commissioners stating as developments are completed the city will plant and maintain the trees. Developers would now be responsible to escrow monies to purchase the trees. He stated this ordinance would secure funding for future boulevard trees. Discussion followed on the possibility of creating a City nursery. Mr. Schnobrich stated that type of a project would not be cost effective for the City. There was discussion on the previously proposed soil amendment ordinance. A consensus followed to incorporate some soil adjustment to the boulevards along with the tree planting if needed. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 7:59 p.m. Mr. Fraser made a motion to recommend approval of the request incorporating verbage regarding soil adjustment. Seconded by Ms. Otteson, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held February 25, 2003 in the Council Chambers at 5:30 p.m. Minutes Planning Commission February 18, 2003 Page 8 5. COMMUNICATION FROM STAFF a) Year end report - Ms. Wischnack stated staff will mail the Commissioners the Year end Planning, Zoning and Building Report. 6. ADJOURNMENT There being no further the meeting adjourned at 8:05 p.m.