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03-16-2004 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 16, 2004 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, John Rodeberg, Director of Engineering and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated February 17, 2004 Ms. Ottenson moved to approve the minutes of February 17, 2004 as submitted. Seconded by Mr. Haugen. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF PRELIMINARY PLAT, REZONING AND PLANNED DEVELOPMENT DISTRICT SUBMITTED BY FARR DEVELOPMENT FOR A 98 LOT PLAT TO BE KNOWN AS SOUTH FORK RIDGE LOCATED ON JEFFERSON ST. SE (RIEWER PROPERTY) Chairman Kirchoff opened the hearing at 5:40 p.m. with the reading of publication # 7154 as published in the Hutchinson Leader on March 4, 2004. Ms. Otteson stepped down from the Planning Commission. Ms. Wischnack commented on the request for a preliminary plat of 98 lots, rezoning and planned development district to R3PDD. She explained the location of the property off Jefferson Street S. E. formerly the Rod Riewer property. She commented on the density of the development and the makeup of the housing from single family to five unit townhouses. Ms. Wischnack commented on the staff report regarding the street configuration and access to the development and pull-off parking in the townhouse area. She explained that shoreland requirements and density determination is complicated. Stormwater ponding has been addressed with two ponds in the development. The pond to the North is Minutes Planning Commission - March 16, 2004 Page 2 appropriately calculated. The pond to the South has access issues, which must be addressed by covenants and restrictions on the lots affected. Mr. Rodeberg stated there must be provisions for quantity and quality issues. There is a buffer provided along the river which meets the requirements of Best Management Practices. Ms. Wischnack commented on the open space maintenance which must be regulated by covenants and association agreements. She explained the planting requirements of approximately 200 trees for this development. She stated there are multiple homeowners association documents in this development Ms. Wischnack commented on the fees for this development. The parkland contribution is $135.00 per unit. SAC/WAC charges in 2004 are $2200.00 per unit (fees increase each year). This development is within the electric service territory area therefore does have to pay $800.00 per unit. These costs are collected with the building permit. She explained there is an additional escrow required for the tree planting. 100% of the project improvement costs must be secured by a bond or letter of credit by the developer. Additionally a 7% engineering fee will be required for the City to monitor the private development construction. These fees are all collected prior to the development construction commencing. Ms. Wischnack reported on the staff recommendations as follows: 1. Setbacks for the development shall be as prescribed in the R3 Zoning District, excluding the undeveloped right of way in the central portion of the plat, which would have a reduced setback to 20 feet. 2. Homeowners Association documents must be submitted and provide information about shoreland alteration issues to provide for a density increase. 3. The trail width should be expanded. 4. The townhome area should be reconfigured to allow an area for off- street parking. 5. The ponding area on the southeastern area of the plat must provide more graded area for the slope to the pond. (This could be accomplished by relocating the road slightly to the west, which would allow for more relaxed sloping toward the pond.) 6. The townhome grading area must be reviewed with the City Engineer. 7. Street lighting shall be installed as part of the construction project (in consultation with Hutchinson Utilities). 8. The development phasing is identified as everything until Lot 17, Block 1, would be developed immediately. The subdividers agreement shall further define the extent of actual construction limits. Ms. Wischnack stated recommendation #3 has been addressed. She stated the setbacks in the development will be the same as in an R3 zone except for the two lots bordering the 50 foot wide future access road off Grant Avenue SE. She stated the grading issues have been addressed also. Minutes Planning Commission - March 16, 2004 Page 3 Mr. Charlie Levis, Farr Development, introduced the plat and stated they have worked to address the staff requests. He gave an introduction to the company and reported on other developments the company has completed in Minnesota. Mr. Levis stated they would begin grading as soon as possible in the Spring and will coordinate with the Jefferson Street work this year. Mr. Kirchoff asked how they addressed the off-street parking in the townhouse area. Mr. Brian Johnson, project engineer, Hakanson Anderson Assoc., explained they addressed the parking by proposing a 28 foot private roadway with parking on one side. They have also addressed the safety issue of the roadway for emergency vehicles. He explained the developer views off-street parking as promoting parking of boats, RV's, trailers etc. and that is not allowed in this development. Mr. Rodeberg commented on the previous proposal and the new proposal stating they have addressed parking and safety satisfactorily. Mr. Flaata commented on the City activities across the river from the development. Mr. Rodeberg stated this has been discussed with the developers and they are aware of the compost facility, biosolids facility, sewage treatment facility and the Police training site in the area. Ms. Wischnack stated this will be documented in the subdivision agreement. She commented on the informational meeting with the neighboring property owners which was held prior to this meeting. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 6:05 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations number 1,2,7 and 8. Seconded by Mr. Flaata. The motion carried with Ms. Otteson abstaining. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held March 23, 2004 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A 35 LOT PRELIMINARY PLAT, REZONING AND PLANNED DEVELOPMENT DISTRICT SUBMITTED BY BRUCE NAUSTDAL TO BE KNOWN AS RA VENWOOD SOUTH Chairman Kirchoff opened the hearing at 6:08 p.m. with the reading of publication # 7155 as published in the Hutchinson Leader on March 4, 2004. Ms. Wischnack commented on the request for a plat of 35 lots on 12.33 acres. The zoning directly to the north of the plat was zoned R3 PDD in 2002. She commented on the change of density from the original Minutes Planning Commission - March 16, 2004 Page 4 Ravenwood plat. This plat would be less dense. She explained the fees associated with the plat. She stated there is a stormwater pond to the west of this plat. The City has received a grading plan. Mr.Rodeberg stated this is a low area and the lowest floor elevations must be one foot above the 100 year flood elevation. The developer must revise the site plan to indicate elevations. He stated the sewer is deep enough and the water main will loop. Ms. Wischnack commented on the airport zoning in the plat and stated this plat does not have the same issues as Ravenwood West with the airport zoning. Mr. Rodeberg explained the location of the storm sewer to the South edge of Target which is moving forward. This plat is proposed for 2005. Ms. Wischnack stated the sewer line should be ready by August 1st this year. She commented on the setbacks proposed in the PDD and the fact staff suggests an 8 foot side yard setback for drainage. She commented on the staff recommendations as follows: 1. A letter requesting an improvement for public bonding must be received. 2. Grading and utility plans must be reviewed prior to City Council review of the preliminary plat. 3. The timing of the construction of the homes on this property shall be determined in the subdivision agreement. 4. A subdivision agreement must be executed at the time of final plat. 5. The setbacks shall be 20 feet in the front, 20 feet in the rear, and 8 feet on the side. Ms. Wischnack stated recommendation #2 has been reviewed. Mr. Hantge made a motion to close the hearing. Seconded by Mr.Flaata the hearing closed at 6:15 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations. 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 March 23, 2004 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF VARIANCE REQUESTED BY BRENT CHRISTENSEN, APPLICANT, GOEBEL FIXTURE, PROPERTY OWNER TO CONSTRUCT AN OVERHANG ONTO A NON-CONFORMING BUILDING WHICH ENCROACHES INTO THE 30 FOOT FRONT YARD SETBACK LOCATED AT 528 DALE ST. SW Chairman Kirchoff opened the hearing at 6:16 p.m. with the reading of publication # 7156 as published in the Hutchinson Leader on March 4, 2004. Minutes Planning Commission - March 16, 2004 Page 5 Ms. Wischnack explained the request for a variance. She stated the property is zoned 1-1 and commented on the history of the property. She commented on the following staff recommendations: 1. Roof drainage must be directed into the intake and not over the sidewalk on the south side. 2. Fire connections and Knox Box must be accessible during and after construction. 3. Attention must be paid to truck access during construction. (There have been challenges in the past with the loading dock that is located on the northern portion of the building. Additional construction equipment at the site will complicate that issue.) Mr. Rodeberg stated the color schemes are earth tones which will fit into the neighborhood. Ms. Wischnack explained a Knox Box is the box which holds the entry keys in case of emergency. Mr. Kirchoff commented on the loading dock off Dale Street. Mr. Richard Goebel, Vice President, Goebel Fixture Co., stated the loading dock is used a small amount of time. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 6:21 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held March 23, 2004 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY ROBERT POWELL, PROPERTY OWNER, TO REMODEL NON- CONFORMING BUILDING LOCATED IN THE I/C DISTRICT AT 194-4TH AVE. N E Chairman Kirchoff opened the hearing at 6:23 p.m. with the reading of publication # 7157 as published in the Hutchinson Leader on March 4, 2004. Ms. Wischnack explained the proposal which is confusing because of the non-conforming use versus the non-conforming structure. She stated this is only an interior remodeling. She stated the City Code describes the difference between non-conforming use and non-conforming structure. She commented on the loading dock which encroaches into the public right of way. She stated the dock must be removed prior to 2006. She explained the railroad property to the South is not yet owned by the City and is anticipated for this year. She commented on the following staff recommendations: 1. The loading dock must be removed prior to 2006. Minutes Planning Commission - March 16, 2004 Page 6 2. The City will work with the applicant to relocate the loading dock through a lease arrangement on City property. 3. The conditional use does not allow for further extensions or enlarging the footprint of the building. 4. The conditional use permit considers remodeling for an auto parts store, which would be deemed a "trade or service" business within the I/C Zoning classification. 5. The conditional use permit is valid for 6 months, unless an extension is approved. Mr. Rodeberg commented on frustrations of the property which is in a confined area between State and City property. He stated the present loading dock will be in the way. There was discussion of placing the loading dock to the South and the maneuvering of trucks off the right-of-way. Mr. Kirchoff questioned if this would remain an auto parts store. Mr. Robert Powell, property owner, stated it would remain an auto parts store. Discussion followed on the difficulty it would be to get the State to sell additional property to Mr. Powell for parking. Ms. Otteson stated with the biking and walking on the trail it would be tough to have the loading dock on the South end of the building. Mr. Rodeberg stated the City is in hopes of cleaning up the area and explained the placement of sidewalk on the south side of Hwy 7. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 6:35 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations. 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 March 23, 2004 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF VARIANCE REQUESTED BY STEVEN AND JENINE NORDQUIST, PROPERTY OWNERS, TO REDUCE FRONT YARD SETBACK ON A PORTION OF ENTRY FROM 25 FEET TO 22 FEET TO CONSTRUCT OVERHANG OVER CURRENT FRONT ENTRY TO HOME LOCATED AT 545 HIDDEN CIRCLE SW Chairman Kirchoff opened the hearing at 6:37 p.m. with the reading of publication # 7158 as published in the Hutchinson Leader on March 4, 2004. Minutes Planning Commission - March 16, 2004 Page 7 Ms. Baumetz explained the request and the small area needing the variance. She commented on the staff report noting the hardship as the unusual shape of the lot located on a cul-de-sac. The staff would recommend approval. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:40 p.m. Mr. Haugen made a motion to recommend approval of the request noting the hardship of the unusual shape of the lot located on a cul-de-sac. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held March 23,2004 in the Council Chambers at 5:30 p.m. Note: Mr. Flaata left the meeting at 6:40 p.m. f) CONSIDERATION OF VARIANCE REQUESTED BY MIKE CORCORAN, PROPERTY OWNER, TO REDUCE PARKING LOT SETBACK FROM 6 FEET TO 0 FEET LOCATED AT 934 HWY 15 SOUTH Chairman Kirchoff opened the hearing at 6:41 p.m. with the reading of publication # 7159 as published in the Hutchinson Leader on March 4, 2004. Ms. Wischnack explained the request and commented on the removal of paved area last summer, which must be replaced. She stated there is pavement presently encroaching over the property line on the North side of the property. She stated staff has reviewed and discussed the request to add a portion of the Fahey property and the Apartment property to be paved and staff would propose to pave the parking lot in phases. Staff has not received documentation from the two property owners to the north to allow for their properties to be paved. She stated there must also be a cross parking agreement between the Fahey property and Mr. Corcoran. Ms. Wischnack stated the catch basin was discussed by staff and the consensus was it must be improved with plantings to catch the run-off into the storm sewer. Chairman Kirchoff asked if only Phase 1 would be granted the Variance. Ms. Wischnack stated the staff would like to see phase 1 completed immediately. Mr. Rodeberg stated 0 setback along the west and south would cause concerns and staff would recommend at least 3 feet from the property line. Mr. Mike Corcoran, property owner, presented a signed agreement with Mr. Fahey and he stated he has a verbal agreement with Mr. Daryani who is out of town until March 19th. He stated his goal is at least to go back to the hedge for now. He explained the parking lot in back is very muddy and he would like permission to pave the entire lot. Mr. Corcoran does agree to landscaping around the catch basin. Minutes Planning Commission - March 16, 2004 Page 8 Discussion followed on the proximity of the Health Club's outside stairway. Mr. Rodeberg stated the stormwater issues are what the staff would like to discuss. He stated we would like the time to thoroughly review the control the run-off rates. Mr. Hantge commented on the possible need for a storm septer. He questioned if it should be required. Mr. Rodeberg stated not necessarily and explained the difference between this property and Mr. Hantge's property. He again stated in the past we have approved a variance for a 3 foot setback not O. He explained there needs to be a plan developed to protect the catch basin run-off. Chairman Kirchoff commented on the need for the property owner to protect the catch basin. Mr. Rodeberg stated there needs to be further review by the staff on the entire parking lot. Mr. Corcoran explained the need to pave the entire lot because of costs to pave it in stages. Mr. Rodeberg explained staff needs further review. Mr. Corcoran asked why the staff would recommend a 3 foot setback. Mr. Rodeberg explained some areas have agreements to cross park and for snow removal. Chairman Kirchoff would agree to defer to next month. Mr. Hantge made a motion to table to next month. Seconded by Ms. Otteson. The motion carried unanimously. g) CONSIDERATION OF REZOING PROPERTY FROM R1 ( SINGLE FAMILY RESIDENTIAL) TO 11 (LIGHT INDUSTRIAL DISTRICT) REQUESTED BY THE HUTCHINSON EDA (WETHERALL PROPERTY) Chairman Kirchoff opened the hearing at 7:00 p.m. with the reading of publication # 7160 as published in the Hutchinson Leader on March 4, 2004. Ms. Baumetz explained the request to rezone the recently annexed property from R1 to 1-1 for the purpose of industrial development. She commented on the EDA Board returning with a plat in the near future and their plans for a building on the property. Ms. Lisa McClure, Interim EDA Director, explained the rezoning would assist with the industrial expansion and the industrial park team Minutes Planning Commission - March 16, 2004 Page 9 discussion of the plat. She stated one half of the south portion of the property will be used for construction of a spec building which would be placed on the east side of the south half. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 7:13 p.m. Mr. Hantge made a motion to recommend approval of the request. Seconded by Ms. Otteson. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held March 23, 2004 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS None 5. OLD BUSINESS a) DISCUSSION OF DUPLEX UNITS IN R1 ZONES Ms. Wischnack commented on her follow-up from the discussion last month regarding duplex units in the R 1 zone. She stated the new language would take place on lots prior to 1987. She explained the discussion is a reaction to the Norton rezoning. Mr. Rodeberg stated staff concerns are not to reward illegal duplex creations. Ms. Wischnack commented on safety concerns and issues with no inspections. Discussion followed on public awareness that this is not legal. The consensus of the Planning Commission is to review next month. 6. COMMUNICATION FROM STAFF a) UPDATE ON THE INFORMATIONAL MEETINGS CONTRACTORS, REALTORS AND CITY DEPARTMENTS WITH Ms. Baumetz updated the Planning Commission on the meetings the Planning and Building departments are having with the contractors, City departments and realtors to inform them of code changes from year to year. b) DISCUSSION OF PLAT SKETCH SUBMITTED BY BRIAN BURGESS LOCATED ON JEFFERSON ST. S.E. Ms. Wischnack commented on a 3 lot sketch submitted by Brian Burgess located along Jefferson St. After discussion, the consensus of the Planning Commission was not to allow too many driveway accesses. 7. ADJOURNMENT There being no further the meeting adjourned at 7:30 p.m.