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06-20-2006 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 20, 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 and Chairman Kirchoff. Absent: None Also present: Rebecca Bowers, 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 16, 2006 Mr. Haugen moved to approve the minutes of May 16, 2006 as submitted. Seconded by Mr. Hantge. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF A VARIANCE TO REDUCE DRIVEWAY SETBACK TO 0 FEET TO REPLACE EXISTING HARDSURFACED SHARED DRIVEWAY LOCATED AT 619 AND 631 - 2ND AVE S.W. Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication #7474 as published in the Hutchinson Leader on June 8, 2006. Ms. Baumetz commented on the request to hardsurface a shared driveway and explained the driveway limitations to meet setback. She reported the hardship given by the property owners was the driveway was shared since 1951 before the ordinance was in place. She stated staff would recommend approval of the request with the following findings and recommendations: 1. Undue hardship has found due to the existing shared driveway, which is unique to the property and was constructed prior to current zoning regulations. 2. The driveway could not be reconstructed within current requirements with a reasonable driveway width due to its unique conditions and placement on the property. 3. The applicants will reconstruct the driveway with a valley gutter in the center of the driveway to promote drainage to the street. Minutes Planning Commission - June 20,2006 Page 2 4. Water service curb stops must be re-installed (or replaced if necessary) per City standards. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:45 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. 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 27, 2006 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF AN 8 LOT PRELIMINARY AND FINAL PLAT TO BE KNOWN AS FAIRWAY ESTATES THIRD ADDITION Chairman Kirchoff opened the hearing at 5:46 p.m. with the reading of publication #7475 as published in the Hutchinson Leader on June 8, 2006. Ms. Bowers commented on the submittal and noted this is the final phase of the development and will complete the development. She commented on the lot sizes and explained the need for a private cul-de-sac for snow storage and removal. She reported the staff would recommend approval of the request with the following recommendations: 1. A subdividers agreement must be executed prior to filing of the final plat. 2. Any relocation of utilities is the applicant's responsibility. 3. Heritage Court must be a private street with appropriate cul-de- sac sizing and without center islands. 4. All fees are required prior to commencement of construction. 5. No access allowed on County Rd. 12. 6. Trees on Lot 8 must remain in place or replaced if removed for construction. 7. Fees will include escrowing $200.00 per tree, two trees per lot or $1600.00. Engineering fees to be escrowed are 7% minus the grading and a letter of credit for 100% of the construction cost minus the grading is required. There is an $800.00 electric territory fee per lot, $215.00 parkland contribution fee and sewer and water access fee of $2720 per lot. These fees are charged at the time of the building permit submittal. 8. The property must be within 6 inches of final grade for private utilities to be installed. Mr. Exner commented on the maintenance concerns of cul-de-sacs with islands and the narrow width of the lots at the cul-de-sac. He stated it is in the City's best interest for the street to be private. He reported there are other areas of this development with private bump-outs and cul-de-sacs. Discussion followed on the private and public street maintenance and the need to add a requirement to assure the private street maintenance is completed in a timely manner. Atty. Sebora stated it doesn't always get Minutes Planning Commission - June 20,2006 Page 3 followed through. Discussion followed on homeowner's associations and the fact this development does have other private cul-de-sacs. Ms. Bowers commented on the request to change the plat which was approved several years ago. It may be difficult to change the plat at this stage. Discussion followed on requiring the developer to plow the street. Atty. Sebora commented on the development agreement which could spell out the snow removal and maintenance on the development. Cara Otto, Otto Assoc., commented on why they proposed the public street. She stated the developer recognizes there are other private streets in the development and the association would cover the snow removal. She explained Lot 8 has trees that will serve as a buffer zone. She reported the developer is agreeable making the cul-de-sac a private street. Discussion followed on the cost of snow removal in cul-de-sacs and the emergency service accessibility. Mr. Exner stated this cul-de-sac is large enough at a 60' right-of-way and 45' radius. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing closed at 6:08 p.m. Mr. Otteson made a motion to recommend approval of the request with staff recommendations adding to item 3 "The developer will set up a homeowner's association to address snow removal and plowing in the cul-de-sac. If it is necessary for the City to remove snow from the cul-de-sac, the City will assess all charges of the snow removal to the property owners." Also, add to number 6, "Trees on Lot 8 must remain in place or be replaced after construction." Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held June 27, 2006 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A TWO LOT PRELIMINARY AND FINAL PLAT AND SITE PLAN REVIEW TO BE KNOWN AS REGIONAL EYE SPECIALISTS ADDITION LOCATED IN THE MENARDS ADDITION PLAT Chairman Kirchoff opened the hearing at 6: 1 0 p.m. with the reading of publication #7476 as published in the Hutchinson Leader on June 8, 2006. Ms. Bowers explained the applicant and property owners have requested tabling this submittal. Ms. Bowers suggested tabling the item until there is resolution to the platting of the property. Mr. Lofdahl made a motion to table and item. Seconded by Mr. Haugen. The motion carried unanimously. d) RECONFIRMATION OF A 3 LOT PRELIMINARY PLAT AND FINAL PLAT TO BE KNOWN AS CALAFORD PLACE (PRELIMINARY PLAT WAS UNDER HUTCHINSON SENIOR CAMPUS) Minutes Planning Commission - June 20,2006 Page 4 Chairman Kirchoff opened the hearing at 6:12 p.m. with the reading of publication # 7477 as published in the Hutchinson Leader on June 8, 2006. Ms. Bowers commented on the need to reconfirm the large preliminary plat because of the lapse of time between action on the 3 lot preliminary plat and the final plat. She explained action on the final plat of 3 outlots does not include the previous site plan. She stated the outlots must come back to the City for future development. She stated individual site plans will be required for each lot. Ms. Bowers reported staff would like to see the final plat move forward to obtain right-of-way for Denver Avenue. Mr. Exner explained the City asked Farr Development to move forward with the plat to establish the Denver Avenue right-of-way. He stated Montreal Street will be completed when the property is developed. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 6: 16 p.m. Mr. Lofdahl made a motion to recommend approval of the request for final plat with staff recommendations. Seconded by Mr. Hantge. The motion carried unanimously. Mr. Lofdahl made a motion to reconfirm the preliminary plat. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held June 27,2006 in the Council Chambers at 5:30 p.m. Atty. Sebora excused himself to attend another meeting. Mr. Hantge asked Atty. Sebora about hardships for approving variances and the City Council recommending a historical significance hardship. Atty. Sebora agreed what would qualify as a historic building or architectural style. There has been a local historical placement on buildings in town. A definition of historical significance should be determined to amend the ordinance. Staff was directed to check with other cities. Mr. Haugen commented on the need for a hardship and the applicants request. It was determined Planning Commission and City Council can not determine the historic significance of a building. e) CONSIDERATION OF AMENDMENT TO THE MAIN STREET SIGN ORDINANCE Chairman Kirchoff opened the hearing at 6:30 p.m. with the reading of publication # 7478 as published in the Hutchinson Leader on June 8, 2006. Ms. Baumetz explained the makeup of the Physical Appearance Committee. She reported this committee is a subgroup of the Hutchinson Downtown Association and includes downtown business owners and staff. She commented on the changes. Mr. Haugen made a motion to close the hearing. Seconded by Mr.Hantge the hearing closed at 6:41 p.m. Ms.Otteson made a motion to recommend Minutes Planning Commission - June 20,2006 Page 5 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 regular agenda, on request of the City Administrator, at their meeting held June 27, 2006 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS Mr. Flaata commented on the Rolling Meadows pond and the possibility of the City getting it back. Ms. Bowers stated we will update the Planning Commission on what happens with this development. Discussion followed on who pays if the City gets the outlot back. Mr. Haugen commented on the discussion by the City Council. Ms. Bowers stated this is not an uncommon problem with homeowner associations. 5. OLD BUSINESS a) REVISION TO A LOT SPLIT AT 175 OAK LN Ms. Baumetz commented on the request to revise the lot split approved by the Planning Commission and City Council in May. Mr. Exner commented on the placement of the water main and the easement description. He stated it may be possible to excavate the water main with the easement provided. This is a public main. Mr. Jonas commented adding the easement is the best solution to the problem. He stated Juul contracting identified the water main. Mr Haugen made a motion to approve the revision. Seconded by Ms. Otteson. The motion carried unanimously. This item will be placed on the City Council consent agenda for the June 27, 2006, meeting. b) Discussion followed on the Klein garage variance at 589 Hassan Street S.E. and the clarity of the ordinance regarding habitable space. The consensus of the Planning Commission is to fairly enforce the ordinance. Ms. Bowers stated Historic Hutchinson feedback would be helpful and will take time. Discussion followed regarding preserving the look of the buildings. There was also discussion regarding garages in the front yard and the ordinance regulating lake lots, in which case, the front yard may be the lake side of the lot. 6. COMMUNICATION FROM STAFF a) WATER TREATMENT FACILITY FAC;ADE UPDATE Mr. Exner commented on the water treatment exterior colors and the precast stone window treatments and the contrast. He stated neutral colors were less expensive. The reservoir has the same colors. Window frames are light bronze. He commented on the translucent panels. Completion will possibly be February or March 2007. Minutes Planning Commission - June 20,2006 Page 6 7. ADJOURNMENT There being no further business the meeting adjourned at 7:12 p.m.