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11-16-2004 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 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: Brandon Fraser, Jim Haugen (5:40 p.m.), Lynn Otteson (5:36 p.m.), Mike Flaata, Robert Hantge and Chairman Kirchoff. Absent: Farid Currimbhoy Also present: Julie Wischnack, AICP, Planning Director, Marc Sebora, City Attorney, Kent Exner, City Engineer and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes of the Regular meeting dated October 19, 2004 and Special meeting November 8,2004 Mr. Hantge moved to approve the minutes of Regular meeting October 19, 2004, and Special meeting November 8, 2004 as submitted. Seconded by Mr. Flaata. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) RECONSIDERATION OF A 27 LOT PRELIMINARY AND FINAL PLAT TO BE KNOWN AS BRIDGEWATER ESTATES THIRD ADDITION SUBMITTED BY GPS DICKINSEN PARTNERS, LLP Chairman Kirchoff reopened the hearing at 5:35 p.m. with the reading of publication # 7263 as published in the Hutchinson Leader on October 7, 2004. Ms. Wischnack commented on the follow up items presented by the applicant which included a staging plan for the entire area. She commented on the following staff recommendations: 1. The access of Willow Drive SW onto South Grade Rd must include a turn lane (same design as Roberts Street), and also is dependant on closing the Honey Tree Road access (Access Management and safety issues). There are possibilities of make a temporary road along 9th Avenue SW to Honey Tree Road, or have a temporary turn around for the street. In no case can South Grade have Roberts, Willow, and Honey Tree open at one time. Minutes Planning Commission - November 16, 2004 Page 2 The developer will close the small portion of Honey Tree Road when Willow is constructed. This would be the area south of the east/west road. 2. A temporary turnaround is required on the north end of Willow Drive SW. Easements should be indicated to accommodate the turn around. Has been addressed on the design plans. 3. There are continuing safety issues for people walking in the area. The City should consider a trail along the north side of South Grade Road up to the end of the plat in the next phase of construction. They are open to discussing this option. This item will be finalized prior to the City Council entering a subdivision agreement. 4. Revised plat indicating: 6 foot easements, which are required along interior lot lines. The easements were changed to 6 and 12 feet. The requirement is 6 and 10 feet. 5. Reconfirmation of that the original grading plan has been met. (The entire site was graded with the Bridgewater Estates 2 utility construction. ) This will be done, prior to commencement of construction. 6. A subdivider's agreement must be executed and fees paid prior to construction. This will be completed. 7. Revise phasing plan to reflect new development plan. The revised phasing plan was received on November 4,2004. 8. Provide revised pad elevation and house types signed by new engineer (previously submitted by RLK Kuusisto). The new engineer has agreed to this. Mr. Fraser asked about closing Honey Tree Rd. Ms. Wischnack stated only the southern portion would be closed. She explained this is a dangerous access to South Grade Rd. Ms. Otteson commented on the turnaround. Ms. Wischnack stated it will not show on the plat since it is a temporary turnaround. Minutes Planning Commission - November 16, 2004 Page 3 Mr. Fraser asked if Honey Tree will be completely cut off in the future. Ms. Wischnack stated it would not be and explained the proposed plan for Honey Tree Rd. Discussion followed on the trail requested by the City along South Grade Rd. Ms. Wischnack stated it would be constructed in stages to the east. Tom Herkenhoff, Surveying and Engineering Professionals, was available to answer questions for the development. Mr. Flaata stated the prospective property owners should be made aware of the trail. Mr. Herkenhoff stated the developer has not committed to the trail at this time. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 5:43 p.m. Mr. Fraser made a motion to recommend approval of the request with staff recommendations noting number four must be resolved. 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 November 23, 2004 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF VACATION OF EASEMENTS AND LOT SPLIT SUBMITTED BY MARTY BERG AND MIKE MCGRAW Chairman Kirchoff opened the hearing at 5:45 p.m. with the reading of publication #7272 as published in the Hutchinson Leader on November 4, 2004. Ms. Wischnack commented on the lot rearrangement and explained the existing lot lines and the reason for vacating the easements to allow the house to be moved on the lot. She commented on the following staff recommendations: 1. Any relocation of utilities is required to be at the owner's expense. (None are identified at this time.) 2. Additional drainage and utility easements must be provided and signed by the property owners prior to issuance of a building permit. New easement descriptions shall be provided by the applicants/owners. (This easement area would be along the new property lines 6 feet on either side). 3. All recording of the deeds are the applicant's/owner's responsibility. Ms. Wischnack explained the new lot is large enough for a home. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 5:47 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. Minutes Planning Commission - November 16, 2004 Page 4 Wischnack stated this item will be placed on the City Council consent agenda at their meeting held November 23, 2004 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF REQUEST TO REZONE PROPERTY FROM C4 (FRINGE COMMERCIAL) TO C2 (AUTOMOTIVE SERVICE COMMERCIAL) AND CONDITIONAL USE PERMIT TO OPERATE A USED CAR BUSINESS LOCATED AT 1130 HWY 7 EAST SUBMITTED BY RON HOLTZ AND BRENT CHRISTENSEN Chairman Kirchoff opened the hearing at 5:48 p.m. with the reading of publication #7273 as published in the Hutchinson Leader on November 4, 2004. Ms. Wischnack explained the location of the property next to the city boundary. She commented on the site plan and the uses of the building. She explained office space, automotive and used car sales is allowed in C2 by Conditional Use Permit. She stated she has met with the property owner regarding the issues and concerns. She explained they must provide a driveway easement for now and in the future. She explained the paved parking requirement from Section 10.01 of the Zoning Ordinance. Change of ownership would evoke the requirement to pave. In this case, the City was not aware of an ownership change 3 years ago. Ms. Wischnack explained the landscaping requirement of 1 tree per 800 sq. ft. She stated the tire pile must be buffered by an opaque fence. She commented on the following staff recommendations: 1. A pavement plan and time frame be submitted by the property owner. 2. A planting plan be submitted by the applicant with a date for completion. 3. No more than 15 vehicles could be displayed at the property. 4. No parking or vehicle display would occur in the State Highway right of way. 5. Any signage would require a separate permit. 6. Any remodeling of the building would require additional permitting. Ms. Wischnack commented on the new site plan which is not accurate. A revised plan is required showing a 10' parking set back from the highway right of way. Mr. Flaata commented on the need for an additional recommendation requiring an easement agreement for the driveway. Mr. Hantge voiced concern regarding the limitation of number of displayed vehicles. Ms. Wischnack stated we can limit that through the Conditional Use Permit similar to a previous request along Hwy 7 East. She stated staff looked at the area and determined the number of vehicles. She stated the pavement plan requirement is because of the after-the-fact ownership change. She again explained the requirement for Minutes Planning Commission - November 16, 2004 Page 5 paving with the change of ownership. Discussion followed on the paving requirement and other requirements meant for the property owner not the applicant. Atty. Sebora stated it does not seem right to attach the paving requirement to the Conditional Use Permit. In the past, the city has granted time to complete the paving. He stated we must keep uniformity throughout the city. Ms. Wischnack stated change in ownership kicked in the requirement. Discussion followed on the complication with the neighboring property being outside the city limits and paving only a portion of the area. Mr. Hantge stated he has a problem with limiting the number of cars. Ron Holtz, applicant, explained the number of spaces shown is the maximum number that will fit for the area. He stated he will not be using the east side of the building for his display. He commented on the office space inside the building which will not have to be remodeled. Ms. Wischnack stated there is a parking requirement for each of the uses on the property and the site is tight for parking. Discussion followed regarding the fencing requirement and the items the property owner should be held responsible for not the applicant. Atty. Sebora stated the fencing of the tires is for a specific use. Ms. Wischnack commented on the 10 foot setback from the highway right of way. She explained the first drawing submitted was accurate. Mr. Holtz stated his intention is to clean up the property and that the fence, paving and other requirements are the responsibility of the property owner. Ms. Wischnack stated she met with the property owner regarding the issues and the city will deal with enforcement. Mr. Hantge made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:17 p.m. Mr.Hantge made a motion to recommend approval of the rezoning from C4 to C2 and the Conditional Use Permit request with staff recommendations number 4,5,6 and add the driveway easement agreement. 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 November 23, 2004 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICARDO MORENO, APPLICANT, TO CHANGE USE IN THE I/C DISTRICT FROM RADIATOR REPAIR TO CABINET SHOP LOCATED AT 745 HWY 7 WEST Chairman Kirchoff opened the hearing at 6:20 p.m. with the reading of publication #7274 as published in the Hutchinson Leader on November 4, 2004. Minutes Planning Commission - November 16, 2004 Page 6 Ms. Wischnack commented on the request stating the Conditional Use Permit is required in the I/C District with change of use. She commented on the following staff recommendations: 1. The proposed use would be for the construction and sales of cabinetry. Any uses proposed beyond this, would require further review. 2. As with all businesses on the Highway 7 corridor; a reminder that access during the reconstruction of the highway (2006/2007) will be challenging. 3. If ownership of the property changes or remodeling (which requires a building permit), pavement for the access drive must be completed. This should be done in conjunction with the plans for Golf Course Road/State Highway 7. 4. No remodeling, requiring a building permit was anticipated at this time. Further review by the building inspector would be required, if more work is proposed. 5. The parking requirements would indicate 12 spaces were required or _ based on the number of employees. 6. Change in signage, would require a separate permit. The hearing closed at 6:28 p.m. Ms. Otteson 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 November 23,2004 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) CONSIDERATION OF LOT SPLITS LOCATED AT 540 AND 550 HILLTOP DRIVE N.E. SUBMITTED BY JAY PETTIT Ms. Wischnack explained the lot splits were anticipated during the PDD CUP approval process. The lot splits are configured as was proposed in that process. She commented on the staff recommendations as follows: 1. The applicant/owner is responsible for filing all appropriate deeds and recording of the lot splits. 2. Additional drainage and utility easements must be described and dedicated (east side of 540 and west side of 550). Mr. Fraser made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen. The motion carried unanimously. b) CONSIDERATION OF LOT SPLITS LOCATED AT 220 AND 255 OTTAWA AVE. S.E. SUBMITTED BY PAUL BETKER Ms. Wischnack explained the lot splits were anticipated with the original development and meet the requirements. The assessments should be Minutes Planning Commission - November 16, 2004 Page 7 split. These lots will not require a variance. She commented on the following staff recommendations: 1. The applicant/owner is responsible for filing all appropriate deeds and recording of the lot splits. 2. All assessments will be split according to the document provided November 5, 2004 (indicates a 50/50 split). Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Otteson. The motion carried unanimously. 5. OLD BUSINESS Ms. Wischnack stated she has given notice to the property owner regarding paving at 320-3rd Ave NWand if there is no response there will be a public hearing in December. Ms. Wischnack stated John Rodeberg has met with Mr. Daggett regarding the ponding on the Hutchinson Mfg. site. She reported they are working toward compliance. 6. COMMUNICATION FROM STAFF . Ms. Wischnack stated Mr. Dean Bloemke, Welcome to Our Home, would like to talk to the Commissioners with an idea he has for the small house on the site being developed as Welcome to Our Home Second Addition. Mr. Bloemke explained the house must be moved or taken down. He stated the house could be used for an office and he would like to move it north of Outlot A. Christ the King Church owns that property and he would work something out with them. He stated he talked to the neighboring property owners regarding a rezoning for the office and they are not against it but would like to discuss it further. He explained they would work out a shared access arrangement with the church. Ms. Wischnack stated her first reaction is that it is not in character with the neighborhood however there are varied uses in the area. Mr. Bloemke stated in the future there could be more buildings which would be similar on the property. Atty. Sebora commented on rezoning a small parcel to accommodate a request. He questioned legally how do you rezone one parcel. Mr. Hantge stated he was not comfortable with a business complex in that area. Mr. Flaata stated he would not be interested in rezoning a larger area. Minutes Planning Commission - November 16, 2004 Page 8 Ms. Wischnack suggested a neighborhood meeting. Mr. Bloemke stated he will hold a neighborhood informational meeting. . Ms. Otteson stated she would like a meeting/retreat with the Council. Mr. Haugen stated the City Council does have a retreat early in the year with a facilitator. Consensus was positive regarding a meeting with the Council. 7. ADJOURNMENT There being no further the meeting adjourned at 6:55 p.m.