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06-21-2005 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 21, 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, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: none Also present: Julie Wischnack, AICP, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated May 17, 2005 Mr. Hantge moved to approve the minutes of May 17, 2005 as submitted. Seconded by Mr. Haugen. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION TO REZONE PROPERTY ON JEFFERSON STREET SE FROM R1 TO R2 FOR CONSTRUCTION OF A TWIN HOME WITHDRAWN b) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW SALE OF FIREWORKS IN THE WALMART PARKING LOT LOCATED AT 1300 HWY 15 SOUTH Chairman Kirchoff opened the hearing at 5:36 p.m. with the reading of publication #7346 as published in the Hutchinson Leader on June 9, 2005. Ms. Baumetz explained the ordinance requiring a Conditional Use Permit for tent sales of fireworks and commented on the location in the Walmart parking lot. She commented on the following staff recommendations: 1. The display must be secured. 2. Access must be from the internal parking lot. 3. Signage requires separate applications and permitting. The youth director from Riverside Assembly Church explained the youth will be selling the fireworks for a fundraiser and the statewide closing date for sales is through the 4th of July. He stated they will not be selling on Minutes Planning Commission - June 21, 2005 Page 2 the 5th. Discussion followed on the length of the Conditional Use Permit which is a yearly renewal. Atty. Sebora explained the State mandates cities must allow tent sales of fireworks. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 5:45 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy. Discussion followed on the length the tent could be on the property. Mr. Haugen asked to include the tent could be up 15 days and conclude at midnight on July 4th. Mr. Flaata changed the motion to state the permit is good for 15 days and will sunset at midnight July 4th 2005. 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 June 28, 2005 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW VETERINARY CLINIC, PET EXERCISE YARD AND PET WASH IN THE C5 (CONDITIONAL COMMERCIAL) DISTRICT LOCATED AT 271-3RD AVE NW Chairman Kirchoff opened the hearing at 5:48 p.m. with the reading of publication #7347 as published in the Hutchinson Leader on June 9, 2005. Ms. Wischnack commented on the revised plan and explained the realm of the request which includes the veterinary business in a C5 district, a pet wash and pet exercise area. She explained the present Crow River Veterinary Clinic will be removed with the Hwy 7 project. She explained the location and the rules of tax combining the parcels at the County. She commented on the floor plan and the addition. She stated staff has concerns with the Hwy 7 setback not knowing at this time where the right of way will be located. She commented on the parking requirements and explained the Parking Generation Manual would require less parking than the City Ordinance. She stated the City Ordinance usually requires more parking than necessary and staff does use the Parking Manual to determine a more accurate figure for spaces. She commented on the recommended setbacks which are met by the submittal. A cross driveway easement will not be necessary from the property to the South. She explained the landscaping requirement would be 4 trees for the site. Staff would recommend extending the placement of the trees until sometime in 2008 when the Hwy 7 project is completed. Ms. Wischnack commented on the need for a runoff buffer for the outside exercise area. She stated there will be an inceptor in the building for pet hair. She commented on the following recommendations: 1. Parking area shall be striped prior to receiving a certificate of occupancy for the building. The striping shall be done as indicated on the site plan received June 13, 2005. Minutes Planning Commission - June 21, 2005 Page 3 2. All parking areas and access lanes shall be paved, prior to occupancy. The additional paved area to the north shall be conducted no later than June 30 of 2008. 3. The landscaping requirements of 4 trees (as described above) shall be installed no later than June 30, 2008. 4. All utility relocation is at the owner's expense. 5. Buffering of the tile inlet shall be installed when the fencing is installed. 6. Any signs necessary for the building shall be acquired through a separate permit. Discussion followed on the number of parking spaces if the use changes. Ms. Wischnack explained each use in the C5 District requires a Conditional Use Permit. Mr. Murphy, property owner, explained he has talked to MnDOT regarding the property line. Discussion followed on the access for emergency vehicles and Ms. Wischnack commented on the original plan. Mr. Currimbhoy asked if the dogs will be on leashes for exercise before the fenced area is completed. Dr. Voigt explained presently they walk the dogs on leashes. He stated the fence would be a security measure and he explained the reason for a fenced area. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:04 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 June 28, 2005 in the Council Chambers at 5:30 p.m. d) RECONFIRMATION OF THE FUTURE DEVELOPMEMT PORTION OF ROLLING MEADOWS EAST PRELIMINARY PLAT AND CONSIDERATION OF FIRST ADDITION TO ROLLING MEADOWS EAST 14 LOT FINAL PLAT Chairman Kirchoff opened the hearing at 6:05 p.m. with the reading of publication #7348 as published in the Hutchinson Leader on June 9, 2005. Ms. Wischnack explained the platting process and the reason for reconfirmation of the plat. She commented on the proposed final plat and explained the staff request to move the label for 5th Ave. before the mylars are completed. The location of 5th Ave and Golf Course Rd is confusing on the present plat drawing. She stated the subdivision agreement is completed and ready for City Council action. Minutes Planning Commission - June 21, 2005 Page 4 Mr. Haugen made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 6:08 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations. 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 June 28, 2005 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF A 1 LOT PRELIMINARY PLAT TO BE KNOWN AS CORNERSTONE COMMONS AND CONDITIONAL USE PERMIT SUBMITTED BY CHRISTIAN OCHSENDORF FOR DEVELOPMENT OF A MIXED USE RETAIL PROJECT WITH A DRIVE-THRU SERVICE WINDOW LOCATED AT 104 MAIN STREET NORTH Chairman Kirchoff opened the hearing at 6: 1 0 p.m. with the reading of publication #7349 as published in the Hutchinson Leader on June 9, 2005. Ms. Wischnack introduced Mr. Steve Oliver, Mohagen Hansen Architectural Group. Mr. Oliver gave a presentation on the project including the location, building placement and floor plan and drive-through proposal. Ms. Wischnack commented on the process and the need for a Conditional Use Permit to allow alteration of the flood plain and the drive- through. She stated the sewer lines will come off Hwy 15 and the water from 1 st Ave. Any other services that are not capped in the process of the development are the property owner's responsibility and the City will not repair these services. She stated the City of Hutchinson previously had investigated developing the property and had received soil test information that indicated some contamination of the soil below the surface of the property. She commented on the site plan which would necessitate the alley direction be changed. Mr. Exner explained the plan for Hwy 15 and Franklin Street. He stated Franklin Street will be one way off Hwy 15 to the alley. Discussion followed on access to the alley from the South. Mr. Exner stated the City must provide input to MnDOT regarding the one way traffic and the alley. Discussion followed on the options to access the drive-through. Ms. Wischnack commented on the portion of the building affected by flood plain and the need for a flood plain elevation certificate before the Certificate of Occupancy may be issued. She commented on the following staff recommendations: 1. All demolition and contamination removal on the site will comply with state standards. A separate demolition permit is required for the buildings. Minutes Planning Commission - June 21, 2005 Page 5 2. Any work within the right of way will require MNDOT approvals. The permits must be copied to the City. 3. Any placement of dumpsters or equipment in the right of way should be cleared by the Public Works Department. 4. Any damage to the street or repairs to the area that are caused by this construction, will be the owner's responsibility. 5. The sewer and water service locations must be installed as described in the report. 6. Any relocation of utilities are at the owner's expense. 7. Pavement alteration (removal of parking spaces on 1 st Avenue) are the owner's responsibility. 8. At the time of certificate of occupancy for the building an elevation certificate must be completed and provided to the City. 9. The City must change the designation for the direction of the alley. (Sign and striping for these changes are the owner's responsibility). 10. It is contemplated that the property owner would work with other property owners in the area to petition an improvement to the alley area. 11. Drainage for the building will connect the roof drains into the alley storm sewer. (Spec: Minimum of 8 inch PVC SDR35) 12. Signage behind the building must be designated employee/tenant parking. 13. Provide specification for median in drive-though prior to obtaining a building permit. Ms. Wischnack explained parking requirement for the C3 area are exempt. She commented on the utilization of the parking lots downtown. Discussion followed on loading and unloading of trucks in the alley. There was also discussion regarding the steps placed over a small portion of the sidewalk. Atty. Sebora stated a franchise agreement with the City will be needed if the steps encroach into public right of way. Mr. Olson stated the steps will encroach 2.5 feet and they are proposing to add planters for safety. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 6:48 p.m. Mr.Hantge made a motion to recommend approval of the request with staff recommendations adding "The direction of the one-way alley will be changed to run from North to South." . Seconded by Ms. Otteson. Ms. Wischnack explained there will be a public hearing to place this development in a TIF District. The process will take 60 days. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held June 28, 2005 in the Council Chambers at 5:30 p.m. f) CONSIDERATION OF A 1 LOT PRELIMINARY AND FINAL PLAT TO BE KNOWN AS OTTER HILLS ADDITION SUBMITTED BY DAVE AND SARAH HANSEN 690 LAKEWOOD DRIVE SW Minutes Planning Commission - June 21, 2005 Page 6 Chairman Kirchoff opened the hearing at 6:50 p.m. with the reading of publication #7350 as published in the Hutchinson Leader on June 9, 2005. Ms. Wischnack explained the problem with the property and the difficulty in adding onto the house. The house is placed over a property line and the addition would also be placed over a property line. The parcel can not be tax combined and must be platted. She stated this is a simple subdivision and the preliminary and final plat may be approved at the same time. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:54 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Mr. Hantge. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held June 28, 2005 in the Council Chambers at 5:30 p.m. g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON TO ALLOW CONSTRUCTION OF A BUILDING WITHIN THE FLOOD PLAIN LOCATED AT 1400 ADAMS STREET Chairman Kirchoff opened the hearing at 6:55 p.m. with the reading of publication #7351 as published in the Hutchinson Leader on June 9, 2005. Ms. Wischnack explained the request and type of construction method which is approved by the Army Corps of Engineers Flood Proofing methods. She stated this building will be placed behind the other buildings on site and be hidden from the Hwy. She stated there must be a flood emergency plan in the event of a flood. Discussion followed on the construction and durability of the building. Bruce Fenske, HATS facility, stated there is a 50 year guarantee on the building. There will be overhead size openings on each end along with a walk thru door on each end. He explained the cost per sq. foot is $9.58. He explained there will be jersey barriers not footings in the building. The building will be used for storage of seasonal equipment. Ms. Wischnack stated Mr. Rutledge has reviewed the plan for snow and wind load. Discussion followed on the need for a flammable waste trap. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 7:04 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Lofdahl. The motion carried 6 ayes to 1 nay (Mr. Flaata). Ms. Wischnack stated this item will be placed Minutes Planning Commission - June 21, 2005 Page 7 on the City Council regular agenda at their meeting held June 28, 2005 in the Council Chambers at 5:30 p.m. Ms. Otteson commented on her concerns with allowing this type of building in residential districts. She would like staff to research changing the ordinance. 4. NEW BUSINESS a) CONSIDERATION OF A 20 LOT FINAL PLAT TO BE KNOWN AS PARK MEADOWS SUBMITTED BY SAND PROPERTIES Ms. Wischnack commented on the preliminary plat stating the final plat is the same. She commented on the following staff recommendation regarding the subdivider's agreement being executed at the time of the final plat and stated the developer is reviewing the agreement. Mr. Hantge made a motion to recommend approval of the request with staff recommendations. Seconded by Mr.Flaata. The motion carried with Mr. Otteson abstaining. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held June 28, 2005 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A 6 LOT FINAL PLAT TO BE KNOWN AS CLEVELAND CORNERS SUBMITTED BY JAY PETTIT Ms. Wischnack explained the issues with the service extension and stated the property owner was willing to work with the City. She commented on the following staff recommendations: 1. Amend the utility plans to reflect placement of a new hydrant and provide revised services line arrangement as described in memo and at meeting with property owner. This should be received prior to consideration of the final plat. (The City has received this information 6/15/05 and will review the changes prior to the meeting.) 2. A developer's agreement be drafted and executed at final plat staged, if deemed necessary for the improvements. (This document is necessary and is being drafted.) 3. Any repairs to the street, curbing or other public property be required to be completed prior to final occupancy of the homes. Mr. Exner stated the revised plans look good. Mr. Lofdahl 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 June 28, 2005 in the Council Chambers at 5:30 p.m. Minutes Planning Commission - June 21, 2005 Page 8 c) CONSIDERATION OF A 2 LOT FINAL PLAT TO BE KNOWN AS FRASER'S SUBDIVISION SUBMITTED BY BRANDON FRASER Ms. Wischnack commented on the final plat being 2 lots of the 8 lots in the preliminary plat. She commented on the staff recommendations as follows: 1. Lot 7 issues of road encroachment or the city rights be identified and documented (legal opinion). (This will stay a condition of the plat- Lot 7 can not be development until the road is relocated.) 2. Sewer and water services be separate for each unit. (No Change) 3. Any existing utility lines be relocated at the owners expense. (No Change) 4. Any fees be paid at the time of building permit (SAC/WAC; park fee, etc.) (No Change) 5. If there are existing assessments on the property, the property owner should identify the acceptable split of the assessments. (Needs to accomplished.) 6. Driveways be consolidated on the t\-'\'in homes or reduce units by constructing singlo bmily homos on tho intorior lots. (Was not included in Planning Commission recommendation, nor on the final decision of the City Council.) 7. Undeveloped right-of-way (Harvest Street extension) cannot be privately utilized by the property owners abutting the right-of-way. (Added by Planning Commission and approved by City Council Mr. Fraser asked about the time frame for the road along lot 7. Ms. Wischnack stated she did not know a definite date and explained the City has met with the property owners. She explained there will be assessments on the properties abutting the road. Discussion followed on closing the road on the west end of the development. Ms. Wischnack stated it is difficult when there are other property owners affected. She stated staff will research the request. Mr. Haugen made a motion to recommend approval of the request with staff recommendations 1-5 and 7. Seconded by Mr. Currimbhoy. The motion carried with Mr. Lofdahl abstaining. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held June 28, 2005 in the Council Chambers at 5:30 p.m. 5. OLD BUSINESS a) DISCUSSION OF ADOPTING BY REFERENCE THE PARKING REQUIREMENT MANUAL Ms. Wischnack stated there will be a draft ordinance in the packet next month with some examples of parking requirements by the City ordinance and the manual. b) CONSIDERATION OF AMENDING CULVER'S RESOLUTION TO REMOVE PARKING ON WEST END OF PROPERTY. Minutes Planning Commission - June 21, 2005 Page 9 Ms. Wischnack explained Culver's is now asking to remove the parking along the west end of the development as suggested by staff. They will leave adequate access around the building for both the drive-through and the access drive. Mr. Haugen made a motion to approve the request. Seconded by Mr. Currimbhoy the motion carried unanimously. 6. COMMUNICATION FROM STAFF None 7. ADJOURNMENT There being no further business the meeting adjourned at 7:25 p.m.