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04-19-2005 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 19, 2005 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: John Lofdahl, Jim Haugen, Lynn Otteson, Mike Flaata, and Chairman Kirchoff. Absent: Farid Currimbhoy and Robert Hantge Also present: Julie Wischnack, AICP, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator Atty. Sebora swore in the new Planning Commissioner Mr. John Lofdahl. 2. ELECTION OF OFFICERS Ms. Otteson moved to nominate Mr. Kirchoff as Chairman. Seconded by Mr. Haugen. Mr. Haugen moved nominations cease. Seconded by Mr. Flaata nominations ceased. Mr. Dean Kirchoff was unanimously elected Chairman for the coming year. Mr. Lofdahl moved to nominate Ms. Otteson as Vice Chairman. Seconded by Mr. Haugen the nominations ceased. Ms. Otteson was unanimously elected Vice Chairman for the coming year. 3. APPROVAL OF MINUTES a) Consideration of Minutes dated March 15, 2005 Ms. Otteson moved to approve the minutes of March 15, 2005 as submitted. Seconded by Mr. Flaata. The minutes were approved unanimously. 4. PUBLIC HEARINGS a) CONSIDERATION OF A 20 LOT PRELIMINARY PLAT TO BE KNOWN AS PARK MEADOWS AND A REZONING FROM R4 TO R3 LOCATED IN HUSKI ADDITION SUBMITTED BY SAND COMPANIES Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7317 as published in the Hutchinson Leader on April 7, 2005. Ms. Wischnack explained the request and the location of the property south of the Rolling Meadows development. She commented on the 20 lots on two cul-de-sacs and the downzoning to R3 from R4 to permit single family housing on the development. She stated the ponding Minutes Planning Commission - April 19, 2005 Page 2 presently on the property was sized sufficiently for stromwater retention of the entire lot. She explained that staff did have issues allowing cul-de- sacs and stated a through road would be difficult to incorporate into the plat. The consensus of the staff was to allow the cul-de-sac because of difficult street connectivity. She reminded the developer the roads are to be 36' with 47' cul-de-sacs. A 6 inch water main would be sufficient to keep the water moving which is a problem when water main is not looped in the development. She explained the fees required with each lot and commented on the following staff recommendations: 1. Street width must be at least 36 feet. 2. Cul-de-sac must be at least 47 feet. 3. There must be a 6-inch water main. 4. A subdividers agreement would be executed at the time of final plat. Ms. Wischnack stated some of the required trees will be planted as a buffer on the south side of Texas Ave. Mr. Haugen asked about islands in the cul-se-sacs. Ms. Wischnack stated staff discourages and does not allow islands on public cul-de-sacs. Mr. Exner explained snow removal costs the city more for maintenance and snow storage. Mr. Flaata asked who maintained the catch basins. Mr. Exner explained the city maintains the catch basins. Mr. Lofdahl asked where the catch basins drained. Mr. Exner explained they drain to the holding pond and discharge to the city system. Ms. Otteson asked about the sump pump drainage. Mr. Exner stated the water goes into tiles and is directed to the sanitary sewer. Mr. Haugen questioned the width of the cul-de-sacs for emergency services. Mr. Exner explained this is large enough. There is more curb line for driveways. Ms. Otteson asked about on-street parking. Mr. Exner stated there is room on both sides with a 36 foot road. The issue is the number of driveways. Mr. Lofdahl asked about the placement of mailboxes. Mr. Thelen, President of Sand Properties, explained it would depend on the Postmaster. He stated they could be grouped or on individual posts. Ms. Wischnack explained the Kottke and The Greens plats were private cul-de-sacs. This plat is proposed with public streets. Ms. Katie Czeck, 982 yth Ave. NW, stated her concerns with drainage affecting her property. She stated the catch basin does not address the issue for water drainage. She explained she is in favor of the single family development but has concerns with the additional construction her property will be flooded. Minutes Planning Commission - April 19, 2005 Page 3 Ms. Wischnack commented on the proposed grading. Marty Campion, Otto Associates, explained the corrections. Mr. Exner commented on the grading plan to lower the grade along lot 6 with a swale. He stated the development should improve the drainage problems to the north. Ms. Wischnack commented the drainage looks good on the grading plan and possibly an additional condition could address drainage to the north. Mr. Campion, project engineer, stated they will work with the neighboring properties to address the problem. He stated they may not be able to resolve the entire problem but should improve the situation. He stated the survey is the most recent elevations and he explained the spot elevations. Mr. Flaata asked what happens if the holding pond fills. Mr. Campion explained the pond is discharging at the same time as it would be filling. Mr. Lofdahl commented he suspects there is a plugged tile. Ms. Czeck stated the slope prevents the water to drain. Discussion followed on the flooding onto the property. Mr. Campion commented on the emergency overflow from the pond to the street. Ms. Wischnack stated she will provide the plans for the north property to Mr. Campion. Chairman Kirchoff stated they should add the item to adhere to the grading plan and document existing elevation to the north of the site and verify if the plan is proposed properly. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:00 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations adding number 5, document existing grading issues to check for positive drainage specifically to the north. 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 April 26, 2005 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A VACATION OF EASEMENTS TO ALLOW FOR CONSTRUCTION OF A TEAHOUSE / GARDEN SHED OVER THE EASEMENT LINE LOCATED AT 1125 WEST SHORE DRIVE SW SUBMITTED BY LAVONNE HANSEN, PROPERTY OWNER Chairman Kirchoff opened the hearing at 6:02 p.m. with the reading of publication #7318 as published in the Hutchinson Leader on April 7, 2005. Ms. Wischnack explained this is a confinement of easement reducing the easement area on the property. She commented on the request and the 90 foot rear easement to the lake. She explained the drainage does not follow the easement but is, in fact, west of the easement. She Minutes Planning Commission - April 19, 2005 Page 4 commented on the grading and stated there is no documentation on why the 90 foot easement. She stated the building proposed is 16' x 16' and commented on the following staff recommendations: 1. Relocation of natural gas or electric lines or meters will be at the property owner's expense. 2. Verify the existing drainage and provide that the covered structure will not hinder the existing drainage system or promote siltation to the lake. (Additional fill to raise the elevation of the site is not allowed.) 3. Any shoreland alternation would require additional permitting. 4. If any changes in the dimensions of the proposed structure change or the proposed location, further consideration by the Planning Commission and the City Council is required. (Date received March 16, 2005) Mr. Flaata stated he likes the plans. Ms. Wischnack explained other properties will be revised separately if the need arises and this should not affect the neighboring properties. Ms. Hansen explained her proposal and additions to the neighboring properties. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:07 p.m. Mr. Haugen 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 April 26, 2005 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A 23 LOT PRELIMINARY AND FINAL PLAT TO BE KNOWN AS SUMMERSET FOURTH ADDITION, REZONING AND PDD TO R3-PDD AND VACATION OF DRAINAGE AND UTILITY EASEMENTS IN SUMMERSET THIRD ADDITION SUBMITTED BY DAVID BROLL, APPLICANT Chairman Kirchoff opened the hearing at 6:08 p.m. with the reading of publication #7319 as published in the Hutchinson Leader on April 7, 2005. Ms. Wischnack explained the number of requests for one approval. She stated the Preliminary and Final plat are allowed together since this is a replat of an approved proposal last month. She explained the request to construct single family villas instead of twin homes.as previously requested. This is the same concept as the replat of Southfork Ridge Third Addition. She explained a planned development district requires 3 acres and the developer did add 2 lots on the south side of the development. There is an open space requirement in a PDD and this is satisfied by the open space proposed on the back yards and on the west Minutes Planning Commission - April 19, 2005 Page 5 side of the development. The open space is an easement agreement and no structures will be allowed in the open space area. Ms. Wischnack stated drainage is an issue and there are several catch basins to alleviate the drainage. She commented on staff concerns with the side setbacks and the drainage. She commented on the following staff recommendations: 1. The maintenance agreements (homeowner's documents) be submitted prior to placing these applications on the City Council agenda. The documents must specifically address and describe the open space areas. The documents must also address maintenance. 2. An addendum to the Subdivision Agreement for Summerset Third Addition will reflect the additional lots proposed in the 4th Addition. Specifically, the increase to tree escrow will be reflected in the document. 3. The setbacks for the units shall be as follows (the setbacks apply to all structural elements of the unit, i.e. decks, porches, additions, etc.): Front: 25 feet Side: 6 feet Rear: 25 feet 4. The drainage improvements must be verified with engineering staff prior to landscaping improvements. (Additionally, gutters would be installed on units to alleviate side yard problems.) 5. A 5 foot sidewalk is required as part of the density increase. 6. An irrigation plan drawing shall be provided to the City, after construction (if that will be included as part of the improvements to the development). 7. The appropriate fees will be applied to building permits within this plat area. (SAC/WAC; electric service territory, park dedication, etc.) Mr. Flaata asked about the addition of catch basins to the site. Ms. Wischnack stated more catch basins are required for density and soil types. She explained there are many drainage complaints in the city. Mr. Exner explained the existing grades are to be matched. He stated 6 foot setbacks are a drainage concern. Drainage will be directed to the street on the sides of the yards and to the catch basins in the rear yards. Discussion followed on the time it takes for catch basins to drain in large rain events. Discussion followed on the setback issues. Mr. Lofdahl asked what could be built in the common space. Ms. Wischnack stated the Homeowners Association would monitor the property. Mr. Lofdahl stated the Homeonwers Association documents would address maintenance of the common space areas. He questioned if there could be platted outlots. Ms. Wischnack stated the problem with outlots is in the event of tax forfeiture the City ends up with the outlots. Chairman Kirchoff questioned 6 foot side setbacks. Mr. David Broil, applicant, explained he considered the drainage between the lots. He Minutes Planning Commission - April 19, 2005 Page 6 explained the houses will all be front entry and the rain gutters will direct the water. He stated there will be slab on grade homes and homes with basements. Ms. Wischnack reminded Mr. Broil egress windows are not allowed in easement areas. Chairman Kirchoff stated the association documents should be a requirement. Mr. Broil stated he is working on the documents. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 6:22 p.m. Mr. Flaata 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 consent agenda at their meeting held May 10, 2005 in the Council Chambers at 5:30 p.m. Documents must be provided prior to being placed on the City Council agenda. d) CONSIDERATION OF AMENDMENT TO THE ZONING ORDINANCE TO CONDITIONALLY ALLOW DRIVE-THRU SERVICE WINDOWS IN THE C3 DISTRICT REQUESTED BY CHRISTIAN OCHSENDORF Chairman Kirchoff opened the hearing at 6:25 p.m. with the reading of publication #7321 as published in the Hutchinson Leader on April 7, 2005. Ms. Wischnack explained the ordinance change to allow drive-thru service windows in the downtown by conditional use permit. She explained Mr. Ochsendorf is developing a property downtown and would like to be allowed a drive thru window. She stated all the banks have the drive thru areas. She explained as a conditionally permitted use it would allow review of each request separately. Discussion followed on the Wells Fargo Bank and how did they get a drive thru. Ms. Wischnack stated it could have been part of the agreement. Mr. Ochsendorf explained he has purchased the Rix Gas Station corner from the antique shop to the corner. He commented on the uses in the new building. One use would be a coffee shop and he would like a drive thru window in the alley. Ms. Otteson commented on the traffic pattern and the rerouting of traffic. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:34 p.m. Mr.Flaata made a motion to recommend approval of the request. 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 April 26, 2005 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF A LOT SPLIT AND VARIANCE SUBMITED BY LOWELL WRIGHT LOCATED AT 1325 JEFFERSON ST S Minutes Planning Commission - April 19, 2005 Page 7 Chairman Kirchoff opened the hearing at 6:35 p.m. with the reading of publication #7324 as published in the Hutchinson Leader on April 7, 2005. Ms. Baumetz explained the request to split Mr. Wright's property into two lots. This request would create his frontage to be 33 feet which is not a conforming lot width. A variance is required to allow a 33 foot lot. She commented on the staff recommendations as follows: 1. Relocation of utility service is at property owners expense. 2. Separate water and sewer service required. 3. Deeds documenting the change in property line need to be filed by the property owners. 4. Additional splitting of the lots would require a platting procedure. 5. Outstanding, deferred assessments, will be activated on the property will be recalculated and reassigned appropriately. Mr. Lofdahl asked about resplitting the new lot. Ms. Baumetz explained a plat would be required to split the new lot. Ms. Baumetz stated the new lot would access off Jefferson Street. The present driveway is already shared by two residents. Discussion followed on the shared driveway. Atty. Sebora stated there is a cross easement agreement. Ms. Otteson stated she has concerns with backing onto Jefferson Street. Mr. Lofdahl stated there could be as many as 5 other lot splits on Jefferson Street. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:46 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. 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 April 26, 2005 in the Council Chambers at 5:30 p.m. f) CONSIDERATION OF RIGHT OF WAY PLAT NO.9 SUBMITTED BY THE CITY OF HUTCHINSON (EXTENDING DENVER AVENUE) Chairman Kirchoff opened the hearing at 6:49 p.m. with the reading of publication #7322 as published in the Hutchinson Leader on April 7, 2005. Ms. Wischnack explained the Right of Way plat is an official mapping process. She commented on the extension of Denver Ave. to allow the development of the Farr property. She commented on the fact the Attorney General's Office is involved with the College property and it can be a slow process. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:50 p.m. Mr. Haugen made a motion to Minutes Planning Commission - April 19, 2005 Page 8 recommend approval of the request. Seconded by Mr. Lofdahl. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held April 26, 2005 in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS a) CONSIDERATION OF A 3 LOT FINAL PLAT TO BE KNOWN AS 15 SOUTH SUBMITTED BY FARR DEVELOPMENT Ms. Wischnack explained the staff recommends tabling the request and she has been in contact with Farr Development. She commented on the items needed before the plat will be placed on the agenda again. We are waiting for detailed plans. The wetland does not line up. The right of way acquisition is slow but not major. She explained they could get a grading agreement with the city to begin work. The city needs more final plans. Ms. Wischnack commented on the Denver Ave. project and concerns of the college. They are looking at assessment costs. Mr. Haugen made a motion to table the request to May. Seconded by Mr. Flaata. The motion carried unanimously. b) CONSIDERATION OF A LOT SPLIT SUBMITTED BY TOM WIPRUD LOCATED AT 257 GAUGER STREET NW Ms. Baumetz commented on the lot split request and explained both lots will be conforming in size to allow for development. She commented on the elevations of the newly created lot with a quite steep slope. She presented the following staff recommendations: 1. Any relocation of services will be at the owner's expense. 2. All lots require separate sewer and water services. 3. Appropriate sewer and water access fees will be collected at the time of building permit. 4. Deeds documenting the change in property line need to be filed by the property owners. 5. There are outstanding assessments on the property. The City will discuss with the property owner, how they would like to spread the assessment. Mr. Flaata made a motion to recommend approval of the request with staff recommendations. 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 April 26, 2005 in the Council Chambers at 5:30 p.m. Minutes Planning Commission - April 19, 2005 Page 9 6. OLD BUSINESS None 7. COMMUNICATION FROM STAFF Ms. Wischnack commented on the new Hwy 7 plans and reconstruction of the dam is still possible. Ms. Wischnack reported on the downtown streetscape project and stated a set of plans are ready. This project could begin in July of 2005. Ms. Wischnack stated the liquor store bids were opened today and need City Council approval. She also commented on the Harrington Merrill house stating the new foundation will begin soon. She stated the new water plant will begin soon. Ms. Baumetz reminded the Commissioners of the Landuse workshop registrations. 8. ADJOURNMENT There being no further business the meeting adjourned at 7:05 p.m.