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01-17-2006 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, January 17, 2006 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 and Chairman Kirchoff. Absent: Robert Hantge 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 December 20, 2005 Ms. Otteson moved to approve the minutes of December 20, 2005 as submitted. Seconded by Mr. Lofdahl. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF REZONING TWO LOTS FROM IIC TO R2 TO REMAIN RESIDENTIAL USE LOCATED AT 535 AND 545 4TH AVE. S.E. Chairman Kirchoff opened the hearing at 5:33 p.m. with the reading of publication # 7415 as published in the Hutchinson Leader on January 5, 2006. Ms. Wischnack commented on the request and explained the present use of the properties. She explained the non-conforming use ordinance regarding the continuation of the use and noted the one year time limit was exceeded. She stated the property was maintained but not lived in. Ms. Wischnack stated it is appropriate to rezone the property to residential. Staff did review the request and the neighboring industrial use. Staff recommended this rezoning would not be a negative affect on the area. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 5:40 p.m. 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 January 24, 2006 in the Council Chambers at 5:30 p.m. Minutes Planning Commission - January 17, 2006 Page 2 b) CONSIDERATION OF A CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT IN FAIRWAY ESTATES SECOND ADDITION TO ALLOW CONSTRUCTION UP TO THE FRONT AND REAR PROPERTY LINES LOCATED AT 1187 OAKWOOD CRT NW Chairman Kirchoff opened the hearing at 5:41 p.m. with the reading of publication # 7416 as published in the Hutchinson Leader on January 5, 2006. Ms. Wischnack commented on the request and explained this was originally approved as a Planned Development District. She stated the entire development was planned as a PDD. She explained that presently the setbacks are very specific for the development in a Planned Development District. She explained the request by the potential property owner to construct a house up to the front and rear property lines. The PDD setbacks are 18' front yard and 5' on the sides and rear. She reported staff reviewed the request and discussed firewall protection when close to the property lines. She commented on the following staff recommendations: 1. Verify as-built elevations for drainage plans for new home, particularly the home to the east. 2. The building permit application would require an updated survey to further verify the home location. 3. Building code compliance for fire walls where required should be noted by the applicant. Ms. Wischnack read correspondence from Scott Luman, 1199 Oakwood Crt., and Jeff Nohner, 1174 Oakwood Crt., in support of this request. She also read correspondence from George Stanley, 1183 Oakwood Crt, against the request. Chairman Kirchoff questioned the fire wall requirement. He commented most of the homes are closer than building code requirements. Diane Mattkins, 1185 Oakwood Court, asked if she will have to put a firewall on her home. Ms. Wischnack stated not if there is more than 3 feet from her property line. Yvonne Johnson, 1191 Oakwood Crt, questioned how far forward is the house to be placed and where will the driveway come out. Ms. Wischnack stated the house would come out 18 feet. Ms. Johnson asked how you would enter the garage if it is farther forward. Mr. Exner stated the turning radius will remain the same as presently proposed. Discussion followed on the proposed pull-out stalls. Ms. Johnson asked if they do not want the pull-out stall can they come back to the planning commission to change the present plan. Ms. Wischnack stated everything must come back to the City to amend the present PDD. Minutes Planning Commission - January 17, 2006 Page 3 Lee Thuntrom, potential property owner, would like a 3 car garage to keep his vehicles off the street and not outside. He stated he will try to conform to the present properties. Kerry Kuester, President of the association, reported parking has been a problem in this area. He stated the board has been discussing changes to provide more parking. Ms. Otteson made a motion to close the hearing. Seconded by Mr.Lofdahl the hearing closed at 6:05 p.m. Mr. Lofdahl asked which house is the one opposing the request. He does not see a negative impact. Mr. Lofdahl 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 January 24, 2006 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF AMENDMENT TO THE ORDINANCE REGARDING LOT COVERAGE IN THE R1, R2 AND R3 DISTRICT SINGLE AND TWO FAMILY Chairman Kirchoff opened the hearing at 6:08 p.m. with the reading of publication # 7417 as published in the Hutchinson Leader on January 5, 2006. Ms. Wischnack commented on the options laid out by staff. She reported this process began one year ago and they reviewed options in November and December. She stated one of the issues was the older single family properties. She commented on the five properties which were calculated in the older area of the city. She also commented on the three options. She stated option one is the staff recommendation. Option 2 definition did not change from present. Option three would be a 50% coverage. Lot coverage is in the 45% to 55% coverage which makes the staff nervous. Mark Schnobrich, City Forester, commented on tree coverage as a positive. Soils are not as impervious as they seem. Discussion follow on the options and how they affect the twin home development and the single family homes. Development plans can be set on a localized basis which raises the cost of the development. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Flaata, the hearing closed at 6:35 p.m. Mr. Flaata made a motion to recommend approval of Option 3 with the survey requirement of Option 1. Seconded by Ms. Otteson. The motion carried unanimously. Ms. Wischnack stated this should take affect March 1 st. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held, January 24, 2006 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS Minutes Planning Commission - January 17, 2006 Page 4 5. OLD BUSINESS a) CONFIRM APPROVAL OF FINAL PLAT KNOWN AS LAKERIDGE Ms. Wischnack explained the plat was not recorded within 270 days of final plat approval and now is ready to be sold. It must be filed before purchase of the units. She explained a Common Interest Community, (CIC) plat will be also filed. Mr. Haugen made a motion to approve the reconfirmation. Seconded by Mr. Currimbhoy, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held, January 24, 2006 in the Council Chambers at 5:30 p.m. 6. COMMUNICATION FROM STAFF a) DISCUSSION OF DATE FOR JOINT MEETING AND TOUR WITH CITY COUNCIL MEMBERS The joint meeting and tour will be held on March 28th at 3:30 p.m. Next month possibilities: b) Mr. Exner updated the Commissioners on the water plant Landscaping plan. He stated without the retaining walls slope stabilization would be required. He commented on the maintenance of the shrubbery. He explained there is a 3:1 slope which is quite steep. He stated retaining walls are safer. The consensus of the Planning Commission was to keep the retaining walls and add shrubbery around the tank to make it harder to place graffiti on the tank. c) Next month possibilities - Conditional use permit and Variance for cell tower, Cedar Crest Estates Rezoning and CUP 7. ADJOURNMENT There being no further business the meeting adjourned at 7:00 p.m.