07-18-2006 PCM
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, July 18, 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,
Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: Mike
Flaata. Also present: Rebecca Bowers, Planning Director, Kent Exner, City
Engineer, Mark Schnobrich, City Forester and Bonnie Baumetz, Planning
Coordinator
2. APPROVAL OF MINUTES
a) Consideration of Minutes dated June 20, 2006
Mr. Hantge moved to approve the minutes of June 20, 2006, as
submitted. Seconded by Ms. Otteson. The minutes were approved
unanimously.
3. PUBLIC HEARINGS
a) CONSIDERATION OF REZONING PROPERTY LOCATED AT 255 AND
287 HWY 7 E. FROM IIC TO R2 SUBMITTED BY MARK FRATZKE,
PROPERTY OWNER
Chairman Kirchoff opened the hearing at 5:34 p.m. with the reading of
publication #7482 as published in the Hutchinson Leader on July 6,2006.
Ms. Bowers commented on the request and the past history of rezoning
this property. She explained the requested R2 (Medium density
residential- 1 and 2 family) zoning is consistent with the comprehensive
plan. She commented on the zoning of the surrounding properties and
the uses. She stated the property owner would like the property to
remain residential for marketing. Staff is supportive of the rezoning
however, concerned with the lot coverage. She reminded the Planning
Commission coverage must not exceed 50%. She reported the large
house must not become an apartment. Ms. Bowers explained the
recommendation to request the inspector look at the house to comply with
housing regulations. She commented on the following staff
recommendations:
Minutes
Planning Commission - July 18, 2006
Page 2
1. The rezoning from IIC to R-2 would be consistent
with the residential guiding in the Comprehensive
Plan.
2. The properties are currently used as residential
property and are adjacent to residential uses.
Rezoning would allow the existing use to become
conforming with the R-2 district regulations.
3. The use of the property shall comply with the
standards of the R-2 district. Residential uses are
limited to single family dwellings and two-family
units or duplexes.
4. The properties may not be covered with more than
50% lot coverage. The owner shall replace
pavement in excess of the 50% with sod or other
landscaping.
5. The buildings shall be inspected by the City for
compliance with the Zoning Ordinance and housing
standards due to the change to residential use.
Discussion followed on the existing setbacks for residential. Mr. Fratzke
stated there is less than 50% coverage. There was discussion on the
need for the concrete plant to screen if this property is rezoned to
residential. Ms. Bowers stated the industrial property is grandfathered in
from screening. Discussion followed regarding the use changes of the
property in the future. Ms. Bowers stated this corridor would benefit from
an in-depth needs study for long term use.
Mr. Fratzke stated the small house is presently single family. Discussion
followed on the number of unrelated persons that could legally live in a
single family house.
Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Hantge
the hearing closed at 5:47 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.
Baumetz stated this item will be placed on the City Council consent
agenda at their meeting held July 25, 2005 in the Council Chambers at
5:30 p.m.
4. NEW BUSINESS
a) CONSIDERATION OF LOT SPLITS ON OTTAWA AVENUE S.E.
(240,265,275,285 OTTAWA AVE SE) SUBMITTED BY PAUL BETKER,
PROPERTY OWNER
Ms. Bowers commented on the request and explained the history of the
plat. She reported on the number of lots requested in the preliminary plat.
She explained the applicant would like to split four of the lots. She
commented on the past practice of allowing lots splits after the house is
constructed. Ms. Bowers reported staff did discuss the problems that
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Planning Commission - July 18, 2006
Page 3
could happen with this process. Staff would recommend there be a
change to the process. She reported staff did recommend to approve
the lot splits with the following recommendations:
1. The proposed lot splits would meet the standards of
the R-2 zoning district, subject to the conditions stated.
2. Moving or removing of services will be at property
owner's expense.
3. Separate services are required for each lot.
4. Lots at 50% coverage will not be allowed to add sheds,
patios, decks or gazebos. The applicant shall provide
written disclosure to the buyers that no additional
coverage will be allowed beyond the 50%.
5. At the time of platting, money was escrowed for two
trees per lot. However, as money was not provided for
the additional twin home lots, the new lot division will
require one additional tree per lot at $180.00 per tree,
for a total of $ 720.
Discussion followed on the fees for parkland. Parkland fees are paid with
the building permit. Discussion followed on the process of addressing
before the lot has been split. Ms. Bowers stated the subdivision
regulation does not allow the present process. She explained the property
should be replatted.
Mr. Betker, property owner, commented on the past process. He stated
he does agree with the change for the future but would like to apply for
the lot split at the time he applies for the building permit on the present
lots. He stated the next phase he would plat for twin homes. He
explained he does not like to have the rules changed in midstream. Mr.
Betker stated the tree escrow is an issue. He would suggest the City bill
for the trees at the time of permit. He objects to the extra money for trees
he won't be needing until after the development phases are platted. He
has already put $17,000 in escrow for trees. Ms. Bowers explained the
trees stay in the development.
City Forester, Mark Schnobrich, explained the reasoning for the tree
escrow and the placement of the trees in the subdivision. He explained
in the past there was not enough money for the trees so some past
developments still do not have trees. The new developments do have
trees because of the escrow monies. Discussion followed on the
ordinance of two trees per lot.
There was more discussion regarding the issue of changing the lots by
the developer.
Mr. Schnobrich commented the tree escrow for this development was for
the entire plat all phases. He stated developments will receive two trees
per lot somewhere in the development. Staff is staying to the two trees
per lot. Discussion followed on the need to keep the trees on City right of
way. Mr. Schnobrich stated the City still has cost in maintenance and
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Planning Commission - July 18, 2006
Page 4
replacement of the trees. There was discussion of issuing the trees at
permit rather than the money sitting in escrow. Ms. Bowers suggested
requiring the escrow at final plat not preliminary plat. She commented on
tailoring the subdivision agreements to give flexibility. Discussion
followed of revisiting the ordinance.
Ms. Bowers reported staff would like to have the lot split before the
building permit is issued.
Discussion followed on using the lot size to determine the number of
trees in the development.
Bruce Naustdal, property owner, commented on the document stating two
trees per lot. He agrees with Mr. Betker. The developer followed the City
requirements of platting in the past. He would like to see this development
be grandfathered-in.
Mr. Lofdahl made a motion to recommend approval of the request with
staff recommendations deleting #5 requiring tree money for the extra lots.
Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms.
Baumetz stated these items will be placed on the City Council consent
agenda at their meeting held July 25, 2005 in the Council Chambers at
5:30 p.m.
b) CONSIDERATION OF A LOT SPLIT LOCATED AT 1160 BLUEJAY
DRIVE S.W. SUBMITTED BY BRUCE NAUSTDAL, PROPERTY OWNER
Ms. Bowers commented on the request and explained the similarity to the
previous request. She stated this property does not have a building
permit.
Mr. Naustdal commented on the need for staff to plat the twin lots for the
future. He explained he objects to the implementation of a new regulation
this quickly without a notice. He stated this lot was anticipated for twin
homes when platted. He does not plan on separating ownership for this
twin home. Mr. Betker stated the time of the year can be an issue to wait
for a permit. Ms. Bowers agreed this is a timing issue. Mr. Naustdal
stated he presently has a rental twin home that is not split on Northwoods
Avenue with two separate addresses.
Discussion followed on the technicality of the structure. Ms. Bower stated
she believes in separate lots for separate owners. She explained the
purpose for lot divisions or better yet platting. Discussion followed of
issuing the permit at the same time of lot split. Ms. Bowers again
commented on staff issues with splitting lots after the house is
constructed. She commented on the following staff recommendations:
1, The proposed lot split would meet the standards of the
R-2 zoning district, subject to the conditions stated.
2, Moving or removing of services will be at property
owner's expense.
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Planning Commission - July 18, 2006
Page 5
3. Separate services are required for each lot.
4. Lots at 50% coverage will not be allowed to add sheds,
patios, decks or gazebos.
5. At the time of platting, money was escrowed for two
trees per lot. The new lot division will require one
additional tree per lot at $200.00 per tree. This will be
collected with the building permit fees.
Mr. Currimbhoy made a motion to recommend approval of the request
with staff recommendations1-4. 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 July 25, 2005 in the
Council Chambers at 5:30 p.m.
5. OLD BUSINESS
6. COMMUNICATION FROM STAFF
a) Discussion followed to revisit the lot split and trees per lot ordinances
and survey other communities. Ms. Otteson stated there must be
consistency with the developers that were present at this meeting. Mr.
Lofdahl stated he has concerns with 50% coverage when a development
sewer is designed for 50%. Ms. Bowers stated we will aim for platting
the lots up front.
b) Mr. Haugen reminded staff to research definitions of Historical
significance.
c) Ms. Bowers commented on the changes she would like to implement with
a draft resolution which will include the findings of fact and be included in
the Planning Commission packet.
d) Ms. Bowers stated the Regional Eye Clinic development should be on
the August agenda.
e) Ms. Bowers reported a letter will be sent to contractors on the weeds and
debris complaints in some of the developments along with the lot split
requirements.
7. ADJOURNMENT
There being no further business the meeting adjourned at 7: 18 p.m.