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04-15-2003 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 15, 2003 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with the following members present: Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: Brandon Fraser Also present: Julie Wischnack, AICP, Planning Director and Bonnie Baumetz, Planning Coordinator Chairman Kirchoff asked for an acting Vice Chairman in the absence of Brandon Fraser. He will be abstaining for one of the public hearing items. Jim Haugen agreed to serve as Acting Vice Chairman. 2. APPROVAL OF MINUTES a) Consideration of Minutes dated March 18,2003 Mr. Haugen moved to approve the minutes of March 18, 2003 with revisions. Seconded by Ms. Otteson. The revised minutes were approved unanimously. 3. PUBLIC HEARINGS A. CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS RAVENWOOD WEST AND REZONING THE AREA TO R2 (SINGLE AND TWO FAMILY RESIDENTIAL) Chairman Kirchoff opened the hearing at 5.35 p.m. with the reading of publication #7020 as published in the Hutchinson Leader on April 3, 2003. Ms. Wischnack commented on the history of the site and the previous zoning. She stated the 21.47 acre parcel was annexed to the city in 1998. She commented on the issues of the property in the airport zone B which is a conditionally buildable zone. Ms. Wischnack commented on the Preliminary Plat and updated the Planning Commission on the following conditions requested by staff: 1. The developer must provide covenants which indicate and explain the Airport Zoning restrictions and the building plot areas. (Ms. Wischnack explained the covenants must enclose exactly what the property owner can and cannot construct on the lot.) 2. The homeowners association documents indicating the long term maintenance responsibilities of the ponding and ditch Minutes Planning Commission - April 15, 2003 Page 2 areas. (This has not been received. The document must state who is responsible for mowing the ditch area. Ms. Wischnack stated the City will only dredge the ditch when needed.) 3. The twin homes may not be constructed until Bluejay Drive is constructed and the ponding improvements area complete. (There are no issues with this requirement.) 4. There needs to be added right of way on the southern portion of the plat. (This revision has not been received by the City.) 5. The grading plans must indicate extra erosion control around the pond to the north. (This has been changed.) 6. The grading plan must indicate house types for the lots. (The grading plan does not offer the lowest floor elevations. There is concern from the building department regarding the soil correction and verification from a soils engineer that the sites are suitable for construction. These concerns stem from outstanding issues with the movement of the dirt in the area. The compaction of the pad areas is very uncertain.) 7. The sanitary sewer line issue must be resolved. (This has been addressed.) 8. The ditch redesign must be acceptable to the City Engineer. (The ditch redesign has been discussed with the Engineer, however the revised document does not reflect the changes.) 9. The pond shelf requirements must be revised. (This has been revised.) 10. Easements in areas of water, sewer and storm sewer lines must be enlarged to provide a means of access for maintenance and eventual reconstruction of the lines. (It is possible the City will need between 20 -25 feet for space to access the lines that are located on property lines.) 11. A developer's agreements must be approved prior to final plat approval. (This is not an issue at this time.) 12. Fees and bonding are due prior to commencement of construction at the property. (The City is of the impression that all improvements will be conducted privately and has indicated the procedures for this. Excluding Blue Jay, which would be conducted as a City project and assessed to the property. ) 13. The hydrant locations and separations must be addressed. (It was discovered, after the last report, that the hydrant locations Minutes Planning Commission - April 15, 2003 Page 3 are more than 400 feet apart. There may not be more than 400 feet between the locations.) Ms. Wischnack stated one option is to table the request until all questions are answered. Mr. Hantge voiced his concerns with the density of residential units near the airport. Mr. Roger Derrick, property owner, commented on his narrative to explain the concerns and issues. He explained the unit designs and the management of the commons areas by association. He stated the easement between Lots 1 and 2 to serve the single family lots will be 20 feet. Mr. Derrick explained he understood the changes could be made on the final plat. Chairman Kirchoff asked Mr. Derrick to comment on each of the items listed from Staff. Mr. Derrick stated his cover letter explains the covenant statement. He stated language will also be included in the deed and purchase agreement. He explained the large book of documentation will be complete at the approval of the preliminary plat. He stated the homeowners association document does spell out the maintenance of the lots. Discussion followed on confusion when single family and townhouses are constructed in the same area. Mr. Derrick stated the single family lots will maintain Outlot A which will include a picnic area. The homeowners association will include that language in the documents. Ms. Wischnack stated there are concerns regarding the landscape consistency by each property owner along the ditch. Mr. Derrick stated language will be added to address the issue. He addressed the grading issues on the site and stated his Engineer will adjust the plat as requested by staff. Mr. Hantge made a motion to table the hearing until the issues are addressed. Seconded by Mr. Haugen. The hearing was tabled until the issues are addressed to staff satisfaction. B. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY L&P SUPPLY LOCATED AT 1470 SOUTH GRADE RD Ms. Otteson made a motion to table this item to the May meeting. The property owner was not present for this public hearing. Seconded by Mr. Haugen. The hearing was tabled until May. C. CONSIDERATION OF PRELIMINARY PLAT TO BE KNOWN AS WENDY'S ADDITION AND CONDITIONAL USE PERMIT FOR DRIVE- THRU AREA, MINOR FLOOD PLAIN ALTERATIONS AND THE SHORELAN 0 ALTERATIONS LOCATED AT 1190 HWY 7 W Minutes Planning Commission - April 15, 2003 Page 4 Chairman Kirchoff opened the hearing at 6:20 p.m. with the reading of publication #7022 as published in the Hutchinson Leader on April 3, 2003. Ms. Wischnack explained the request for a two lot Plat and Conditional Use Permit to permit the drive-thru, make flood plain alterations and shoreland alterations. She commented on the service road changes and explained the Super America access. She stated the area to be developed does not require NURP ponding, however a new concept will be to construct a rain garden (depression to hold run-off). She explained the grading to realign the trail in the area. Proper siltation measures will be required during construction. She reported on the DNR comments and stated the City Forester is satisfied with the planting proposed. She explained the fees associated with the development and stated the City will maintain Outlot A outside of the rain garden. Ms. Wischnack explained staff will approach Super America regarding realignment of their entrances. Discussion followed on the area and how it can be made more pedestrian friendly. There was also discussion on the rain garden concept and the proposed trail. Christine Moss, Landform, stated the path will be constructed with a 5% slope according to ADA standards. Rick Janssen, Wendy's International, stated there will be two rain gardens on the plat. Ms. Wischnack stated the City will maintain only the rain garden on Outlot A, excluding the actual replanting or original plantings of the garden. Ms. Moss explained the drainage pattern from the rain gardens stating the velocity will be reduced from the present drainage flows. Ms. Wischnack stated the drainage must meet predevelopment conditions or better. A representative from Burger King commented on his concerns with the traffic at the intersection of School Rd and Hwy 7. He asked how the increased traffic will be handled. Ms. Wischnack explained the existing problems with the intersection and stated the new plan should be an improvement with an added right turn lane onto the new frontage road. Discussion followed on the placement of the new frontage road and the stacking to alleviate some blocking of the intersections. Mr. Plaisance, Hutch Bowl, also is concerned with the ability to turn left onto School Rd. He stated now there will be 3 lanes of traffic to watch. There was discussion on the entire plan for the intersection which will be many years in the future. Ms. Wischnack stated this is a somewhat better plan for the present situation and that our future opportunities to address the intersection are apparent at this time. Minutes Planning Commission - April 15, 2003 Page 5 Mr. Haugen made a motion to close the hearing. Seconded by Mr. Hantge. The hearing closed at 6:50 p.m. Mr. Haugen made a motion to recommend approval of the Preliminary Plat with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried unanimously. Mr. Haugen made a motion to recommend approval of the Conditional Use Permit 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 to be held April 22, 2003 in the Council Chambers at 5:30 p.m. D. CONSIDERATION OF VARIANCE REQUESTED BY HUTCHINSON HOSPITAL TO REDUCE SETBACK FROM FREEMONT AVENUE FOR ADDITION TO THE HOSPITAL ICU AREA Chairman Kirchoff opened the hearing at 6:55 p.m. with the reading of publication #7023 as published in the Hutchinson Leader on April 3, 2003. Chairman Kirchoff abstained from voting. Mr. Haugen acted as Vice Chairman. Ms. Baumetz explained the request by the hospital for a variance to reduce the setback from Freemont Avenue from 25' to 4' for a portion of the building. She stated the hardship being no alternative for the ICU unit and the building was constructed before the present zoning ordinance was in place. She commented on the conditions recommended by staff which were as follows: 1. Construction must follow the plans submitted, dated March 3, 2003. If changes occur with the plan, that further encroachment into the setback, the plan must be again reviewed. 2.The emergency access to the east of the addition shall not be impacted. 3. Plantings or other landscape improvements must be approved by the City Forester prior to placement. 4. The approval does not allow future additions to be placed up to 4 feet from the right of way and would require future variance approvals. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 7:00 p.m. Mr. Hantge made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Flaata. The motion carried unanimously with Chairman Kirchoff abstaining. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting to be held April 22, 2003 in the Council Chambers at 5:30 p.m. E. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY KARRIE INGEBRETSON TO REMOVE EXISTING NON-CONFORMING GARAGE AND REPLACE 2.2 FEET FROM ALLEY LOCATED AT 415 FRANKLIN STREET SW Chairman Kirchoff opened the hearing at 7:02 p.m. with the reading of publication #7024 as published in the Hutchinson Leader on April 3, 2003. Minutes Planning Commission - April 15, 2003 Page 6 Ms. Baumetz commented on the request to remove an existing non- conforming garage and replace it with at 2 car garage. She explained the requirement for a Conditional Use Permit for replacement garages in this district. She commented on the recommendations of staff as follows: 1. Home occupations are not allowed in an accessory building. 2. Removal or relocation of services will be at owner's expense. (There are some utilities directly north of the existing garage.) 3. Garage height must not be more than 16'. 4. Driveway areas must be at least 5 feet from the side property lines. Ms. Baumetz explained a firewall must be added between the garage and the porch attached to the garage. Ms. Wischnack clarified home occupations for the Commission, that an accessory building may not be used, exclusively, for a business. Discussion followed on the height of the garage. Chairman Kirchoff made note of two letters in support of the request by neighboring property owners. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 7:10 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations adding the requirement of a firewall between the porch and garage area. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting to be held April 22, 2003 in the Council Chambers at 5:30 p.m. F. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CITY OF HUTCHINSON PARK DEPARTMENT TO CONSTRUCT A 24')(24' STORAGE GARAGE ON PARK PROPERTY LOCATED IN THE 100 YEAR FLOOD PLAIN AT ROBERTS PARK, 1600 ROBERTS ROAD SW Chairman Kirchoff opened the hearing at 7:12 p.m. with the reading of publication #7028 as published in the Hutchinson Leader on April 3, 2003. Ms. Wischnack commented on the request for the garage to be placed in the flood way and explained the requirements and discussions with the DNR. She stated park use is allowed in the flood plain. She explained the staff recommendations regarding the size and height of the building. She also commented on the recommendations by the DNR. Discussion followed on the existing concession stand at the ball park. Dolf Moon, Director of Park and Recreation, stated the concession stand was constructed before the regulations in place today as part of a LA WCON grant. He explained the garage will be constructed as a joint effort between the school district and the city. The high school Minutes Planning Commission - April 15, 2003 Page 7 construction class will build the building in exchange for field use by the school. The building will be used for storage of maintenance equipment. Mr. Flaig, 525 Lakewood Drive, stated he is opposed to the request. He stated residents are not allowed to place accessory buildings on vacant lots. He stated the City should leave the park as a park and not clutter it with buildings. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 7:20 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations. Seconded by Mr.Currimbhoy. Ms. Otteson explained the Commissioners do take comments from the public into consideration. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting to be held April 22, 2003 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS A. CONSIDERATION OF PETITION TO BEGIN ANNEXATION OF PROPERTY BY RESOLUTION LOCATED IN LYNN TOWNSHIP Ms. Wischnack commented on the annexation process and this case being an Orderly Annexation will be by resolution which does not require a public hearing or township review. She explained the proposal and the location of the request. The property does abut city limits. Ms. Wischnack explained the Comprehensive Plan's Staged Growth plan for the parcel to occur between 2010 and 2015. Sewer and water access to the property are not available at this time. She stated there are plans to extend a major trunk line from the east to this area and beyond in the future. She reported concerns of staff which include the proximity to the airport, the comprehensive plan shows ag business planned for the area, over bonding to construct the trunk line and the staff believes annexation is premature at this time. Mr. Flaata asked what an ag business might be. Ms. Wischnack stated landscaping businesses, horticultural business, commercial sale of ag equipment. Discussion followed on the main trunk line needed to service the area and the cost of the line. Mr. Frank Fay, realtor, stated they began looking at the project a year ago. He stated at that time Mr. Rodeberg stated there was a 50/50 chance of the construction of the line in 2003. Mr. Robert McManus, developer, stated he would not begin development of the property until 2004 - 2005. He explained it would possibly take 5 to 7 years to develop this area. He commented on being proactive in Minutes Planning Commission - April 15, 2003 Page 8 development of the city. He commented on the type of single family residential developments he is proposing. Mr. McManus stated if a lift station is necessary he will pay his share of the costs. Discussion followed on the ag related businesses in that area and the concerns with residential development in proximity to the airport. Mr. McManus stated residential will spread costs of the trunk line. Ms. Wischnack stated there will be much City participation when the line is constructed. Ms. Otteson made a motion to recommend the annexation. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Wischnack stated the request will be placed on the City Council consent agenda at their meeting to be held on April 22, 2003 in the Council Chambers at 5:30 p.m. B. CONSIDERATION OF REQUEST BY GENE EBNET TO EXTEND VARIANCE GRANTED ON PROPERTY LOCATED AT 106 GARDEN ROAD Ms. Baumetz commented on the request for an extension of the variance which would also include the staff recommendations from the previous approval. Mr. Currimbhoy moved to approve the request with staff recommendations. Seconded by Mr. Haugen. The motion carried unanimously. C. DISCUSSION OF REGULATIONS REGARDING RESIDENTIAL DOG KENNELS This item was tabled to the May meeting. 5. OLD BUSINESS A. DISCUSSION OF REQUEST BY DAVID BROLL REGARDING PLANTING REQUIREMENT AT 902 HWY 15 S Ms. Baumetz explained the history of the properties involved and the request by Mr. Broil to not plant trees on the North end of his commercial property. City Forester Mark Schnobrich, commented on the lapse in time since 1995. He stated all commercial property must be screened from residential property in the city. Mr. Haugen directed staff to work with Mr. Broil to provide trees as required in 1995. Seconded by Mr. Hantge the motion carried. Minutes Planning Commission - April 15, 2003 Page 9 6. COMMUNICATION FROM STAFF a) Staff will research cities regarding developments near airports. b) John Rodeberg will be asked to the May meeting to explain the proposed roundabouts for Hutchinson. 7. ADJOURNMENT There being no further the meeting adjourned at 7:45 p.m.