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09-16-2003 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, September 16, 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. Absent: None Also present: Julie Wischnack, AICP, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated August 19, 2003 Mr. Haugen moved to approve the minutes of August 19, 2003 as submitted. Seconded by Mr. Currimbhoy, the minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON MFG TO CONSTRUCT A 40X80 POLE TYPE STORAGE BUILDING IN THE IIC DISTRICT LOCATED AT 720 HWY 7 WEST Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7091 as published in the Hutchinson Leader on September 4, 2003. Ms. Wischnack commented on the request and past permitting history. She stated the Hwy 7 construction will impact the property access. She reminded the Planning Commission of the request by Stearnswood last month and the conditions required for their project in regards to stormwater ponding and the buffering on the south property line. The southerly landscaping will be completed by the City at the time the railroad property becomes available and then the City would assess back the cost of the installation. Ms. Wischnack stated the northern buffering would be problematic due to the Hwy. 7 construction. She stated the northern landscaping would be concurrent with the Hwy 7 project. If for some reason the project is not constructed, there should still be buffering implemented no later than 2007. Ms. Wischnack commented on the following staff recommendations: 1. The applicant must be aware that there will be pending landscaping and buffering improvements to the south of the property and that cost would Minutes Planning Commission - September 16, 2003 Page 2 be assessed back to the benefiting property owners. 2. Written verification that the storm water pond on the western portion of the property is in working order. 3.That there be paved access to the building constructed when the Highway 7 improvement is completed in the area or no later than 2007 (if the highway project does not occur). 4. Plantings/buffering shall occur on the north side of the parcel when the highway project is completed. 5. An additional hydrant and water looping must occur when the frontage road is constructed. 6. Building code compliance must be discussed with the building official. 7. The conditional use permit is valid for six months, unless an extension is requested or construction of the addition has commenced. Discussion followed on the difference between screening and landscaping. Ms. Wischnack commented on Mr. Mark Hensen's letter regarding the screening issues. Mr. Daggett questioned the staff recommendation number 1 regarding the landscaping and buffering improvements to the south. He also asked about the paving and curbing of Les Kouba Parkway. Ms. Wischnack stated the previous ponding on the property must be certified that it works properly. She stated the additional hydrants could be assessed to the property owner. She explained the paved access meaning to the new building addition only which will be the truck access. Discussion followed on the new service road with the Hwy 7 project. Ms. Wischnack stated the conditions are tied to the building. Item 3 should state the paved access to the new building. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Fraser the hearing closed at 5:50 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations changing item 3 to state paving to the new building. Seconded by Mr. Hantge. The motion carried with Mr. Haugen abstaining. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held September 23,2003 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A PRELIMINARY PLAT TO BE KNOWN AS ROLLING MEADOWS EAST, REZONING OF THE PROPERTY FROM R1 TO R3 POD AND A REQUEST FOR A PLANNED DEVELOPMENT DISTRICT SUBMITTED BY BRUCE NAUSTDAL, PROPERTY OWNER, LOCATED NORTH OF HWY 7 WEST Chairman Kirchoff opened the hearing at 5:55 p.m. with the reading of publication #7092 as published in the Hutchinson Leader on September 4, 2003. Ms. Wischnack explained the request and location. She stated there would be approximately 60 units in the development which is being Minutes Planning Commission - September 16, 2003 Page 3 developed with the Greater MN Housing Fund. Ms. Wischnack commented on the street and sidewalk locations and reminded the Planning Commission of the proposed roundabout on the north side of the development. She stated the property is 23.25 acres and the lot sizes will be of varying widths and areas in the central portion of the development which will require a Planned Development District. The construction of the alley was discussed at length by the developer and staff. The proposed houses will have attached garages to the alley. Ms. Wischnack commented on the stormwater ponding locations. She stated a concern has been raised by one property owner to the west regarding drainage. The stormwater pond should alleviate the drainage problems to the west. Ms. Wischnack commented on the maintenance issues and suggested a planting plan to aid with the maintenance. Discussion followed on the roundabout concept with Mr. Hantge expressing concern and opposition to the concept in our rural area. Ms. Wischnack explained the roundabout issues will be decided by the City Council. She commented on the planned development regulation of 20% open space. This development is slightly short of the 20%. She commented on the parkland proposed and stated the City has not been accepting parkland due to lack of funding to maintain and equip parks. A compromise for this park will be discussed with the Park Staff and Park Board regarding the dedication of the land and a contribution of dollars toward maintenance and equipment. She reminded the Planning Commission of the escrow required for tree planting and commented on the following staff recommendations: 1. Resolution of access to on-going maintenance required for the ponding areas. 2. Plans must indicate the trail and sidewalk locations. 3. If single family homes are built on the south side of the project, additional drainage and utility easements are necessary. 4. Acknowledgement of the park issues must be submitted by the applicant. 5. A subdividers agreement will be considered prior to the final plat and then executed at the time of final plat. 6. Drainage issues must be addressed with the property to the west. Discussion followed on the pedestrian traffic on School Road and Golf Course Road. Ms Wischnack stated Mr. Naustdal is designating area for trails in this development which will connect to other trails in the area this may alleviate the pedestrian traffic on the previously mentioned streets. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:15 p.m. Mr. Fraser made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held September 23, 2003 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A VARIANCE AND CONDITIONAL USE PERMIT REQUESTED BY ART BENJAMIN FOR CONSTRUCTION OF GARAGE ADDITION LOCATED AT 108 GROVE ST SW Minutes Planning Commission - September 16, 2003 Page 4 Chairman Kirchoff opened the hearing at 6:17 p.m. with the reading of publication #7093 as published in the Hutchinson Leader on September 4, 2003. Ms. Baumetz commented on the request and explained the need for both a variance and conditional use permit. She stated the total garage will not be covering more than 25% of the rear yard even though it is proposed to be 1149 sq. ft. Discussion followed on the height of the roof of the addition. Ms. Baumetz commented on the staff recommendations as follows: 1. It appears water and sewer lines are located under the proposed addition. It may be necessary to locate the curb stop in the driveway apron. If the curb stop does need to be located in the driveway, the top of the curb stop must be sleeved when the new concrete is poured. Additionally, the sewer service line would be covered and if there were any issues with it, it would have to be replaced. 2. There is a boulevard tree located in the location of the new driveway. The tree must be moved to another location in the boulevard. Contact with the City Forester must be made to discuss the arrangements. 3. Removal or relocation of natural gas or electric service will be at owner's expense. 4. Garage height must not be more than 16'. 5. Home occupations are not allowed in an accessory building. 6. Building code requires fire walls in structures which are located closer than 5 feet from the property line. This requirement will be necessary for the existing and new structure on both the North and West property line walls. Mr. Benjamin, property owner, stated the sewer line does not run under the proposed addition. He also stated there is a fire wall on the North side of the present garage. The wall was constructed in 1990 when a variance was approved for an addition to the east side of the garage. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 6:28 p.m. Mr. Fraser made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen discussion followed. Ms. Otteson stated her concern with allowing the construction of such a large garage in an area where the sight on Lynn Road would be blocked and cause a safety issue. She stated there are other options for a larger garage on this property. Chairman Kirchoff called for the motion. The motion carried 6 ayes to 1 nay by Ms. Otteson. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held September 23, 2003 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS COUNTY FAIR MARKETPLACE THIRD ADDITION AND COUNTY FAIR MARKETPLACE FOURTH ADDITION SUBMITTED BY RYAN COMPANIES Chairman Kirchoff opened the hearing at 6:34 p.m. with the reading of publication #7094 as published in the Hutchinson Leader on September 4, 2003. Minutes Planning Commission - September 16, 2003 Page 5 Ms. Wischnack commented on the confusing factor of this request as the property is both in abstract and torrens. She explained the request is to clarify separate descriptions for the property. She stated the OEA parking agreements must show the new legal descriptions as stated in the staff recommendations. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 6:38 p.m. Mr. Hantge made a motion to recommend approval of the request with staff recommendations to indicate the new legal description in the parking agreement of the OEA. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held September 23,2003 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF REPLAT OF ISLAND VIEW HEIGHTS FOURTH ADDTION TO ISLAND VIEW HEIGHTS SIXTH ADDITION AND AMENDMENT TO POD SUBMITTED BY SCENIC HOMES, INC Chairman Kirchoff opened the hearing at 6:39 p.m. with the reading of publication #7095 as published in the Hutchinson Leader on September 4, 2003. Ms. Wischnack commented on the replat of Island View Heights 4th Addition and explained the preliminary plat indicates the new plat over the previous plat. She stated the road would have to be built to City standards and the plans have been submitted to the City Engineer. Because sewer and water stubs are located within the area presently and some need to be relocated to accommodate the new lot locations, the water services must be removed and corporation stops must be turned off at the main. The sewer services need to be removed to the main and plugged. Ms. Wischnack commented on the three narrow lots and the ability to construct a homes on these lots. Research confirmed it can be done. There is a concern by staff about the responsibility of maintenance with the ponding area. Lot number 23 seems that it has a larger responsibility to maintain the ponding area. This may be a problem in the future. She commented on the fees required for parkland, SAC/WAC, electric service territory and the bonding required including escrow for tree planting. Ms. Wischnack commented on the following staff recommendations: 1. Resolve the outstanding issues for Island View Heights 5th Addition, prior to final plat consideration. 2. Revise lot layout or provide a building plan that works for lots 1,2, and 3. 3. Provide a more amenable maintenance resolution for the pond area, with respect to Lot 23. 4. Securities must be in place prior to construction. 5. Change the setbacks in the POD to 25' front and rear and 6' on the side (only for this replat area). 6. Services must be abandoned/capped. 7. Subdivider's agreement must be executed prior to construction. 8. No certificates of occupancy for homes will be considered until the utility improvements are complete and a base course of bituminous is constructed. Minutes Planning Commission - September 16, 2003 Page 6 Discussion followed on the park in the area which has turned into a construction dump. There are no direct plans to complete the park this year. City does not have funding to develop the park at this time. Ms. Wischnack explained parkland contribution goes to the park dedication fund. Mr. Gilk, property owner, stated staff recommendations #2 and #3 could be omitted since lots 1, 2, and 3 are buildable lots and number 3 regarding lot 23 ponding is mostly water. He stated he considers the wetland an amenity to the lot. His understanding is the Ctiy will clean out the settling pond when needed. Mr. Gilk stated the need is now for single family homes and this plat will be less density than originally proposed. He explained item number 1 regarding the issues with Island View Heights 5th Addition will be resolved. He has hired another contractor to complete the work. Mr. Gilk also commented on the park in the plat. He stated most city parks have sponsors to aid in the funding this park does not have a sponsor and is in the process of being filled to bring it to grade. He stated if the Park Board wants to stop the filling he will participate in the effort and will attend the Park Board meeting. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 7:00 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations excluding #2 and #3. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held September 23, 2003 in the Council Chambers at 5:30 p.m. f) CONSIDERATION OF VARIANCE REQUESTED BY MATTHEW KUHN TO REDUCE FRONT YARD SETBACK TO CONSTRUCT A ROOF OVER A DECK 14.2 FEET FROM FRONT PROPERTY LINE LOCATED AT 530 GLEN ST SW Chairman Kirchoff opened the hearing at 7:04 p.m. with the reading of publication #7096 as published in the Hutchinson Leader on September 4, 2003. Ms. Baumetz commented on the request and explained the project did begin with staff approval for the deck portion of the request. She stated there was some confusion as to the location of the property line and Mr. Kuhn was to provide a survey before the variance application was obtained. Ms. Baumetz stated the staff recommended approval of the variance with the stipulation the deck could not be enclosed in the future. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 7:10 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Otteson. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at Minutes Planning Commission - September 16, 2003 Page 7 their meeting held September 23, 2003 in the Council Chambers at 5:30 p.m. At this time, Chairman Kirchoff moved forward to the Old and New Business items. g) CONSIDERATION OF AMENDING ZONING ORDINANCE TO ALLOW FOR RESIDENTIAL PROPERTIES IN THE C3 DISTRICT Chairman Kirchoff opened the hearing at 8:00 p.m. with the reading of publication #7097 as published in the Hutchinson Leader on September 4, 2003. Ms. Wischnack explained the staff submittal and commented on this being the beginning stages to alleviate the housing requirements in the C- 3 District. She stated this does not address duplex or other multi-family structures presently in the C-3 district. Discussion followed on safety of structures to be remodeled, insurance issues and other problems with owning a residence in a commercial district. Mr. Fraser made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 8:10 p.m. Mr. Fraser made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Otteson. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held September 23,2003 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) DISCUSSION OF SKETCH PLAN SUBMITTED BY FARR DEVELOPM ENT (RI EWER PROPERTY) Ms. Wischnack commented on the sketch plan and the process to develop the Riewer property. She stated this will be under the Shoreland Management Ordinance regarding rivers. There is a difference in the ordinance for lakes as opposed to rivers. She stated the property is approximately 25 acres and the development would be approximately 100 units. Ms. Wischnack stated there will be flood plain issues and the DNR would determine the flood way and flood plain areas. The development could be a planned development district which would require 20% open space. She commented on the comprehensive staging plan which this area is in the 2000-2005 staged growth area. The Comprehensive Plan calls for Traditional Residential Neighborhood for this area. A wetland delineation will be necessary. Discussion followed on the park in the plat. The developer could develop and maintain a park. The City would not be interested in owning additional parkland. Minutes Planning Commission - September 16, 2003 Page 8 There would need to be 50 feet of right of way dedicated from the centerline of Jefferson Street. There should be further discussion on adjoining properties and extension of rights of way to provide continuous street configurations. There is sewer availability to this area. The water line will be extended with the completion of Edmonton Ave. Mr. Mike Gair, MFRA Associates, commented on the plan and explained his company's relationship with Farr Development. He explained the density of the project and the elevations and setbacks to the river. Discussion followed on the pocket park proposed. Mr. Gair commented on the park as an amenity to the project. Ms. Wischnack stated other cities do allow small parks to be owned privately by an association for maintenance purposes. Mr. Gair stated the stormwater ponding will be addressed. Ms. Wischnack commented on the City owned properties and the uses across the river from this site. She stated the trails incorporated in the development must mesh with the City trails. This will take no action and is for information purposes only. 5. OLD BUSINESS a) CONSIDERATION OF CONDITIONAL USE PERMIT FOR A FENCE LOCATED AT 700 AI RPORT RD Ms. Wischnack stated this item was tabled at the August meeting. She explained the fence is now completed and Mr. McRaith is also requesting an amendment to the original Conditional Use Permit asking for outdoor storage on the property. Ms. Wischnack stated the issues with the trashed cars on the property are being adequately addressed and progress has been made. Mr. McRaith, property owner, explained he would like permission for outdoor storage to store lumber, metal sheeting and other construction materials that he uses for projects on site. The area for the storage is approximately 5 feet lower than the building and he would construct a berm to screen the storage from Airport Road. Discussion followed regarding airport regulations regarding berms near the flight zone. Mr. McRaith stated he would maintain the area by planting clover or prairie grass for a natural look. Minutes Planning Commission - September 16, 2003 Page 9 Mr. Fraser made a motion to approve the amendment to the Conditional Use Permit allowing outdoor storage with the following conditions provided the airport question is answered: 1. The berm must be completed 30 days from the approval of the City Council. 2. Seeding must take place immediately after grading of the area and 3. Outdoor storage of construction materials will be allowed with this Conditional Use Permit. Seconded by Mr. Hantge. The motion carried unanimously. This item will be forwarded to the City Council for their meeting September 23, 2003 to be held at 5:30 p.m. in the council chambers. 6. COMMUNICATION FROM STAFF a) Annexation of City Property in Industrial Park (Wetheral property) Ms. Baumetz commented on the petition by the EDA to annex the property for industrial development. The property is in Hassan Valley Township. b) Ms. Wischnack commented on issues in Summerset 2nd Addition regarding drainage and water testing. c) Ms. Wischnack stated the Hutchinson Downtown Plan is being recognized at the MN APA State Planning Conference on September 25th. 7. ADJOURNMENT There being no further the meeting adjourned at 8:15 p.m.