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02-21-2006 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, February 21, 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, Robert Hantge (5:35) 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 January 17, 2006 Mr. Currimbhoy moved to approve the minutes of January 17, 2006 as submitted. Seconded by Mr. Lofdahl. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT AND REZONING OF TWO LOTS FROM C4 TO R2 FOR THE PURPOSE OF CONSTRUCTING A 48 UNIT ADDITION ONTO THE CEDAR CREST ESTATES ASSISTED LIVING FACILITY LOCATED AT 225 SHADY RIDGE ROAD AND MODIFYING THE ACCESS Chairman Kirchoff opened the hearing at 5:34 p.m. with the reading of publication #7426 as published in the Hutchinson Leader on February 9, 2006. Ms. Wischnack commented on the request, site plan and the present use and zoning. She explained the Conditional Use Permit requests and commented on the Hwy 7 access. She reported on the proposal by MNDOT to close the access. She explained the access need off Hwy 7 for delivery service and staff. Staff contacted the neighboring property to ask about consolidation of the two accesses, however, he was not in favor of the consolidation. She stated the plan exceeds the parking requirements with 44 spaces. She commented on the issues of parking on Shady Ridge Road and asked the property owner to consider long term parking needs. Ms. Wischnack commented on the calculation for trees on the development. She reported 74 new trees will be needed. She explained staff is requesting a trail easement dedication instead of parkland fees. She commented on the Stormwater management plan and stated there is adequate ponding to handle runoff. Ms. Wischnack commented on the following staff recommendations noting #2 has been Minutes Planning Commission - February 21,2006 Page 2 confirmed verbally, however, verification must be in writing. Shielding of lighting must be dealt with on the present building also. 1. Spruce trees must not be placed too close to the intersection. 2. Verification of stormwater treatment must be received prior to building permit (from MNDOT) 3. Eliminate parking along Shady Ridge Road. 4. Remove the blacktop presently located on the right of way (in the existing parking lot.) 5. Provide for potential placement for additional parking, if necessary in the future. 6. Garbage enclosure is required to be enclosed with an opaque material. 7. Shielding of light fixtures in the rear of the building would be required. 8. Provide trail easement in exchange for park fees. 9. Move the parking lot entrance to match the entrance to the west. She commented on the modification of access and the reasons for staff denial of the conditional use permit for the modification. She stated permission is granted solely by MNDOT. Discussion followed on the condemnation of Hwy access by MNDOT. Ms. Wischnack reported parking changes on Shady Ridge Road will be determined by City Council. Discussion followed on the parking required and actual use. Ed Doring, 1282 Rolling Oaks LN N.W., commented on his concerns with parking on the street. He stated with no sidewalk it is a hazard for pedestrians to walk along Shady Ridge Road. He commented there may be a time when extra parking will be needed. He stated as a property owner behind the present building he would like to see the lights in back of the entire building be shielded. He stated he does not object to the use only the lighting. Discussion followed of the possibility of a bike lane along Shady Ridge Road Gabbra Lokken, 390 Shady Ridge Road, stated she does object to parking on Shady Ridge Road. She does not object to the development. Mr. Exner asked if no parking on either side of Shady Ridge Road up to Connecticut Street would be sufficient. Discussion followed on the number of cars presently on site. Mr. Exner commented on the need for a trail to service the neighborhood and get people safely across the highway. He noted the parking lot and driveway could go around the building from Shady Ridge Road. Rosalind Ewald, owner of Cedar Crest, explained that the proposed parking addresses the present and future parking situation. She stated there are only 16 spaces now. She reported there is a maximum of 40 employees over a 24 hour period. She will work with any ideas the Commission or staff may have. Discussion followed of parking availability for the future. There will be a service road to the east side of building. Minutes Planning Commission - February 21,2006 Page 3 Ms. Wischnack suggested for extra events pull-out parking would help even on the grass if needed. She stated there could be an option of no parking 6 am to 6 pm on Shady Ridge. Discussion followed to wait with the no parking on Shady Ridge Road to see if there is sufficient parking on-site and review the parking conditions in one year. Another option would be for staff to monitor the parking. Mr. Hantge made a motion to close the hearing. Seconded by Ms.Otteson the hearing closed at 6:07 p.m. Mr. Lofdahl made a motion to deny the conditional use permit to modify the access onto Hwy 7. Seconded by Mr. Hantge the motion carried unanimously. Mr. Lofdahl made a motion to recommend approval of the Conditional Use Permit and Rezoning with staff recommendations removing #3 and correcting #8 to provide a trail easement. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held February 28th or March14th when new site plan is provided in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A REQUEST TO VACATE DRAINAGE AND UTILITY EASEMENTS ALONG THE PROPERTY LINE LOCATED BETWEEN 1408 AND 1412 HERITAGE AVE NW FOR THE PURPOSE OF COMBINING THE TWO LOTS INTO ONE LARGER LOT FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME Chairman Kirchoff opened the hearing at 6:11 p.m. with the reading of publication #7427 as published in the Hutchinson Leader on February 9, 2006. Ms. Wischnack commented on the request to construct a home across the property lines. She commented on the street light in the front right of way. She commented on staff approval and recommendations as follows: 1. Relocation of any utility lines will be at the property owner's expense. 2. Relocate the conductor to street light, at the owners expense. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:14 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 February 28, 2005 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A VARIANCE AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 190 FOOT MONOPOLE COMMUNICATIONS TOWER ON PROPERTY LOCATED AT 412 3RD AVE NW (NEW DIMENSION PLATING) Minutes Planning Commission - February 21,2006 Page 4 Chairman Kirchoff opened the hearing at 6: 15 p.m. with the reading of publication #7428 as published in the Hutchinson Leader on February 9, 2006. Ms. Wischnack commented on the proposal for a cell tower. She reported the League of MN Cities Model ordinance was adopted by the City. She explained the placement of the buildings on the site. The area of enclosure is 80 x 90. Staff recommended denial of the variance for lack of hardship as stated in the ordinance. Ms. Wischnack stated if the applicant could find an appropriate location on site the Conditional Use Permit would be approved with the following recommendations: 1. There is to be buffering on the rear of the property. The proposal would be for a 60 foot row of lilacs. The Forester should have the final approval over specie type. 2. Liability Insurance coverage to cover damage to buildings/vehicles etc. on other properties. 3. The Airport Commission must provide their recommendation. 4. The applicant is agreeing to co-location opportunities (Section 154. 119 any proposed commercial tower shall be designed, structurally, electronically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 75 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.) 5. The fence is to be constructed of either brick masonry walls or solid wood fencing of a height of no less than six feet (section 154.119) 6. The buildings, fencing and landscaping shall be maintained. 7. All abandoned or unused towers and associated facilities shall be removed within six months of cessation of operations at the site unless a time extension is approved by the Planning Commission. In the event that a tower is not removed within six months of cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. 8, The site plan must provide verification that the location of the tower is above the 100 year flood elevation, Ms. Wischnack commented on the review and comments by Owl Engineering. The applicant has provided the information requested. Mark Hoppe, applicant, explained they can meet the setback and was planning on meeting the intent of the ordinance. They would like to go ahead with the Conditional Use Permit and will construct the tower from either setback. Discussion followed on the placement of the tower in the enclosed area. There were questions if the tower had to be located in the center of the enclosed area. Mr. Hoppe explained the need to center the Minutes Planning Commission - February 21,2006 Page 5 tower and the size of the foundation. He stated the best use of the property would be to keep it 55' from the property line. There was discussion regarding co-locating on the tower. He explained Blue Wing Inc. will provide the tower and ground space. A representative from Northern PCS explained they ran propagation studies. The mono pole does not have guy wires. Ms. Wischnack commented on the requirements if the tower was taller. Gus Wurdell, property owner commented on the second option with the fence abutting the building. He stated his tenants must have access around the building. The tenant does not oppose the tower. Discussion followed on the location of the fencing. Mark Hoppe stated they could keep the tower at 95' and will work with the property owner and tenants. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 6:42 p.m. Mr. Flaata made a motion to deny the variance for lack of hardship. Seconded by Mr. Lofdahl the motion carried unanimously. Mr. Hantge recommended approval of the conditional use permit request with staff recommendations. 1-8 and adding the submittal of an approved drawing prior to City Council action. 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 February 28 or March 14, 2006, when approved drawings are submitted. The meeting will be held in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF Ms. Baumetz handed out the Land Use Workshop brochure and reminded the Commissioners she would register them for the sessions they would like to attend. The Tour and meeting with the City Council is set for 3:00 March 28th. Ms. Baumetz reminded the Commissioners to let her know of areas they would like to tour. 7. ADJOURNMENT There being no further business the meeting adjourned at 7:00 p.m.