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07-15-2003 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 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: Brandon Fraser, Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Also present:: Julie Wischnack, AICP, Planning Director and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated June 17, 2003 Ms. Otteson moved to approve the minutes of June 17, 2003 as submitted. Seconded by Mr.Currimbhoy. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF A VARIANCE REQUESTED BY SAM SCHOll, PROPERTY OWNER, TO REDUCE FRONT YARD SETBACK FROM 30 FEET TO 25 FEET FOR THE CONSTRUCTION OF A ROOF OVER THE EXISTING ENTRANCE lOCATED AT 712 SHADY RIDGE RD NW Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7059 as published in the Hutchinson leader on July 3, 2003. Ms. Baumetz explained the request and the history of the house and area. The house was constructed in 1958 prior to annexation to the City of Hutchinson. She explained the misunderstanding between the property owner, contractor and staff regarding setbacks and noted construction had begun before a survey was provided to the City. The property owners did cease construction when they learned the roof addition would require a variance. Ms. Baumetz reported the property owner states the hardship as the house was constructed before the zoning ordinances were in place and the roof will protect the steps from ice and snow. Staff recommends approval of the variance with the recommendation the entry not be enclosed in the future. Minutes Planning Commission - July 15, 2003 Page 2 Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:48 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations the entry not be enclosed in the future. Seconded by Mr. Flaata. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY ROGER STEARNS, STEARNSWOOD, TO CONSTRUCT AN 118'X102' POLE TYPE STORAGE WAREHOUSE ON PROPERTY LOCATED IN THE IIC (INDUSTRIAL COMMERCIAL) DISTRICT AT 320-3RD AVE. NW Chairman Kirchoff opened the hearing at 5:43 p.m. with the reading of publication #7060 as published in the Hutchinson Leader on July 3, 2003. Ms Wischnack commented on the most recent site plan. She pointed out the changes which were the setback from the southerly property line which now indicated 20 feet and the size of the building now being 120' x 104'. She stated the elevations were a concern being near the river. The elevation of the building will be above the 100 year flood plain. Ms. Wischnack explained this area is Industrial Commercial and requires a Conditional Use Permit for all proposals to the site. A variance would not be needed in this district because setbacks are recommended in the IIC district. Ms. Wischnack commented on the amount of impervious surface on the site and the need for stormwater ponding in the area. She explained the City of Hutchinson is in the process of purchasing the railroad right of way and at that time, a stormwater pond could be constructed by the City and assessed to the property owners benefiting from the pond. Paving issues must be resolved for access to this building. Ms. Wischnack commented on Mr. Stearns letter regarding an access to the south as a compromise. She stated the railroad property has not been purchased making it difficult for staff to approve an access across the property. Ms. Wischnack stated the staff recommends approval of the request and commented on the following staff recommendations: 1. The City will construct an area stormwater pond and assess the properties along the railroad property for the pond (once the City has obtained ownership of the railroad right of way). 2. Access to buildings must be paved when improvements are made. Minutes Planning Commission - July 15, 2003 Page 3 3. Green space and buffering from the river area is an issue and could be addressed concurrently with the storm water pond improvements. 4. The transformer on the property must be protected, providing 20 feet of separation between the building and the transformer. 5. Building may require 1 or 2 hour fire walls with protection or non-allowance for openings. 6. There must be 20 to 22 foot accessible area for emergency access. Discussion followed regarding paving the site and screening from the park. Ms. Wischnack stated there is not an ordinance in place regulating screening between industry and parkland. There was concern by the Planning Commissioners regarding a south entrance and industrial traffic into the park area. There was also discussion regarding the south entrance being temporary during the Hwy 7 construction or permanent. Mr. Steve Fitzloff, Stearnswood employee, stated the new building will clean up the site. The old metal building on the east will be removed, the trailers will be moved and most of the pallets will be housed inside the warehouse. He commented on the south access stating using it temporarily would be feasible but permanent would be better. Ms. Wischnack stated Mr. Roger Stearns assumed the access would be permanent. She also noted there are fire hydrants within 400 feet of the new building. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 6:00 p.m. Mr. Hantge made a motion to recommend approval of the request with all 1-6 of the staff recommendations. Seconded by Mr. Haugen. Discussion followed regarding protection of the parkland in regard to the south access. It was the consensus of the Planning Commission the access issue must be revisited when the City acquires the railroad property. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY JUNE INSELMANN, PROPERTY OWNER, TO CONSTRUCT A RETAINING WALL WITHIN THE EASEMENT LOCATED AT 725 SOUTHVIEW DR. S.W. Chairman Kirchoff opened the hearing at 6:07 p.m. with the reading of publication #7061 as published in the Hutchinson Leader on July 3, 2003. Ms. Baumetz commented on the request and the ordinance regulating retaining walls. She stated there was previously a wall constructed of Minutes Planning Commission - July 15, 2003 Page 4 railroad ties which must be replaced. The wall will be 24 inches tall and 32 feet long across the rear yard in the easement area. She explained the property owner did have the area marked for services as requested by staff. There is an electric line running closest to the wall. Ms. Baumetz stated the staff recommends approval of the request and commented on the staff recommendations as follows: 1. Verify drainage is not impeded by the wall. 2. Electric lines appear to be very close to the east edge of the wall. There seems to be appropriate distance from the block as shown on the picture if the block is placed on the west side of the stakes. 3. Any movement of utilities for this purpose would be at the owners expense. 4. If there is any reason the easement area needs to be used and the retaining wall is impairing access to the utility; the wall may be removed without supplying replacement costs to the property owner. Discussion followed on the possibility of grade changes. The property owner stated there will not be grade changes occurring. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson. The hearing closed at 6:11 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations 1-4. Seconded by Mr. Flaata. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF A CONDITIONAL USE PERMIT AND LOT SPLIT REQUESTED BY RTM RESTAURANT GROUP FOR CONSTRUCTION OF AN ARBY'S RESTAURANT LOCATED AT 1340 HWY 15 S Chairman Kirchoff opened the hearing at 6:13 p.m. with the reading of publication #7062 as published in the Hutchinson Leader on July 3, 2003. Ms. Wischnack commented on the lot split and explained the proposal for the drive-thru. She explained the overall plan of the area includes adequate parking. She stated concerns of staff were mainly with the entrance and access off Hwy 15. She commented on the letter received from RTM addressing the staff concerns. Ms. Wischnack stated the staff recommends approval of the request with the following staff recommendations: 1, Pedestrian crossing is required to be connected to the trail located along Highway 15 and a pedestrian striping should be provided in the parking lot. Minutes Planning Commission - July 15, 2003 Page 5 2. There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feet from the building. 3. The southerly access must be closed to avoid traffic congestion problems. 4. The parking lot layout should change to provide angled parking. 5. Provide final landscaping information to the City Forester prior to installation. Discussion followed on the south access drive. Jon Bogart, Engineer for the project, explained the difference between McDonald's south access and the proposed Arby's access. He commented on the differences regarding the length of stacking which would make a difference when entering the south entrance. He reported RTM would request to maintain the south entrance as a one-way. Mr. Bogart commented on the perpendicular parking as opposed to the angle parking. Discussion followed on the space between the drive-thru and the parking area which seemed close. There was also discussion regarding the possibility of angle parking along the drive-thru side of the building. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 6:40 p.m. Mr. Haugen made a motion to recommend approval of the lot split with staff recommendation. The lot split must reflect an allowance for cross parking arrangements and also easements to the other properties for the main access drive on the western portion of the lot. Seconded by Ms. Otteson. The motion carried unanimously. Mr. Currimbhoy made a motion to approve the Conditional Use Permit with staff recommendations 1-5. The motion failed for lack of a second. Ms. Otteson made a motion to recommend approval of the Conditional Use Permit with staff recommendations 1,2 and 5. Recommendations 3 would be the south access must be a one-way entrance and recommendation 4 the parking would remain as included on the proposed site plan. 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 July 22, 2003 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF AMENDMENT TO SECTIONS 3 AND 7 ADDING DEFINITION OF RESIDENTIAL DOG KENNEL AND REGULATION OF PLACEMENT OF RESIDENTIAL DOG KENNELS IN YARDS. Chairman Kirchoff opened the hearing at 6:46 p.m. with the reading of publication #7063 as published in the Hutchinson Leader on July 3, 2003. Minutes Planning Commission - July 15, 2003 Page 6 Ms. Wischnack commented on staff consensus stating the issues might not be addressed by setback. She stated the issues noted by the Police Department were complaints of noise and not often odor. She presented examples of properties and possible placement of dog kennels with the new ordinance. She commented on a letter received by Mr. and Mr. Manthey in favor of the ordinance. Discussion followed on including side yards in the ordinance as opposed to rear yards only and discussed at earlier meetings. Barry Greive, Building Official, stated this ordinance would be difficult to enforce. He explained the area of enforcement needed and reported the City does not have the manpower. He recommended following the City Code and not adding an ordinance to the Zoning Code. Mr. Manthey, 725 Lakewood Dr. SW, commented on his letter and asked that all owners of dog kennels be made to comply. Mr. Hantge made a motion to close the hearing. Seconded by Ms. Otteson. The hearing closed at 7:10 p.m. Mr. Fraser made a motion to recommend approval of the ordinance changing the language to include only the area behind the plane of the house and the 10 foot setback from the lot line shall be adhered to. Seconded by Mr. Hantge. There was a roll call vote. Mr. Hantge, Mr. Currimbhoy, Mr. Fraser and Mr. Flaata voting aye. Ms. Otteson, Chairman Kirchoff and Mr. Haugen voting nay. The motion carried on a 4-3 vote. Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS RAVENWOOD WEST Ms. Baumetz commented on the final plat and the reviewed the recommendations of the preliminary plat. She stated staff recommends approval with the following recommendations with the addition of a fourth item requiring escrow dollars for boulevard tree plantings: 1. Additional fees will be collected at the time of building permit. 2. The property owner must record the covenants for the development. 3. Improvements/progress must be acceptable and approved by the City Engineer for issuance of building permits and certificates of occupancy for the entire development. As with all development, the City reserves the right to withhold permitting and occupancy within the development. Mr. Hantge made a motion to recommend approval of the request with staff recommendations adding item #4. Seconded by Mr. Flaata. The Minutes Planning Commission - July 15, 2003 Page 7 motion carried unanimously. Ms. Bauemtz stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2003 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS SOUTHWIND Ms. Wischnack commented on the final plat of 48 lots and location of the property. She stated staff recommends approval with the following recommendations adding a sixth item requiring escrow dollars for tree plantings: 1. The subdivision agreement must be drafted and reviewed. 2. The revised grading plan with the right turn lane off of Jefferson Street and storm water revisions should be provided. 3. The wetland mitigation document does not have to be provided, since the phase that impacts the wetland area is not being final platted at this time. 4. The name of the company who will be responsible for maintenance of Outlot A and the general development maintenance must be provided. 5. The private tile line agreement document must be signed and the City must receive a copy. Ms. Wischnack stated the items must be completed before the Final Plat may be brought to the City Council for action. Ms. Otteson made a motion to recommend approval of the request with staff recommendations adding item #6 and also requiring the recommendations be completed before the final plat is brought to City Council. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda possibly at their meeting held August 12, 2003 in the Council Chambers at 5:30 p.m. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF Downtown Guidelines - Ms. Wischnack stated next month Mr. Bob Claybaugh will present the downtown plan. CD's or Volumes - Ms. Baumetz stated we now have the Comprehensive Plan, AUAR, Housing Study and Downtown Plan on the web, CD's or volumes. 7. ADJOURNMENT There being no further the meeting adjourned at 7:30 p.m.