01-16-2007 PCM
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, January 16, 2007
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: None
Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer,
and Bonnie Baumetz, Planning Coordinator
2.APPROVAL OF MINUTES
a) Consideration of Minutes dated December 19, 2006
Mr. Flaata moved to approve the minutes of December 19, 2006, as
submitted. Seconded by Mr. Haugen. The minutes were approved
unanimously.
3.PUBLIC HEARINGS
CONDITIONAL USE PERMITAND SITE PLAN
a) CONSIDERATION OF
TO CONSTRUCT A CHURCH IN THE R1 DISTRICT LOCATED AT 1000
NORTH HIGH DRIVE NW SUBMITTED BY JEHOVAH’S WITNESS
KINGDOM HALL
Chairman Kirchoff opened the hearing at 5:41 p.m. with the reading of
publication #7540 as published in the Hutchinson Leader on January 4,
2007.
Ms. Bowers commented on the request for a conditional use permit and
site plan. She commented on the site plan and the access from School
Road. She stated the building will be 4450 sq. ft. and construction will
begin in the Spring. The site is 3+ acres with a large pond on the north
side. She explained the Commission should consider any potential
impacts to adjacent properties, such as the surrounding residential
neighborhood. Residential properties should be screened from the
parking lot. She reported the City does not have a detailed grading plan
or drainage calculations. She explained the private drive will
accommodate the ingress and egress for possible future development.
She commented on the building details both outside and inside. She
commented on the following staff recommendations and approval:
1. The property will be given a School Road N.W. address by the
City at the time of building permit application.
Minutes
Planning Commission – January 16, 2007
Page 2
2. The parking lot shall be screened as shown on the landscape
plan. Minor revisions may be approved by the City Forester and
Planning Director to substitute species types, provided the
adequate screening is established.
3. Approval of the City Engineer of the grading plans and stormwater
hydraulic calculations is required prior to any construction on the
site. Plans must be signed by a Professional Engineer.
4. The private drive shall be 24’ wide and appropriate private
easements arrangements should be agreed upon.
5. Separate permits are required for signage and shall comply with
Section 154.137
6. Park land dedication fees in the amount of $2,580 will be due and
will collect at the time of building permit issuance.
7. SAC/WAC fees will be calculated after building permit plans and
application are submitted. Fees shall be collected at the time of
permit issuance.
8. Signed architectural plans must be provided prior to issuance of a
building permit
9. The construction of the building must comply with State Fire and
Building Codes, including requirements for sprinkling, alarm
systems, and fire protection.
Discussion followed on the required parking for the church use. Ms.
Bowers commented on the number of seats proposed and stated there
are ample spaces shown on the site plan.
Charles Kirk, on behalf of the congregation, stated, generally speaking,
throughout the State and Region, parking is not used to the maximum.
Maximum parking make take place maybe one time throughout the year.
There was discussion on the drainage in the event of a 100 year rain
event. Mr. Exner explained all the drainage would go into the pond area
and would only raise the water level approximately ½ foot. He
commented on the pond in this area. He explained in 2000 – 2001 the
pond was regraded to create a larger pond. Discussion followed on
future development. Mr. Exner stated future development would drain
toward the Golf Course to the north of Golf Course Road and to the storm
sewer.
Discussion followed on the access to the lot B triangle. There must be a
shared drive on the property line.
th
Butch Hausladen, 1125-12 Avenue N.W., asked about the percentage of
lot coverage allowed for a church in a residential district. Mr. Exner
stated we do not have the calculations for the coverage. He explained
the pond is in the calculation of the lot size. Mr. Hausladen stated the golf
course is wet even in dry conditions.
Judy Plowman, 1204 Oakwood Lane, stated the neighborhood has
problems and concerns with the drainage. She asked how the parking lot
will be constructed to drain to the pond. She also asked if there would be
Minutes
Planning Commission – January 16, 2007
Page 3
infrastructure for drainage from the church and parking lot. Mr. Exner
stated drainage would depend on the grading of the lot. Ms. Plowman
asked if the drainage can it be made to flow to the other side of CSAH 12.
Mr. Exner stated the culverts are gone. Ms. Plowman asked about the
houses to the south. Mr. Exner explained the drainage flows over land
by swales and ponds in the golf course. There was discussion on the golf
course drainage and future development requiring more ponding.
Mike Graham, 1120-13 Ave N.W. expressed his concerns with the
drainage flow across School Road. He stated engineered flow is not
working. He commented on the water ponding on his property. Mr. Exner
explained the drainage on School Road. He stated water does pond
along School Road. He explained the construction used to prevent
flooding and that there is not as much water there now. He commented
on the grades in the area. Mr. Exner explained the west side of School
Road is protected by the dip in North High Drive. He reported sump
pumps in the area run year round in part because of ground water.
Mr. Graham commented on the slow drainage. He stated water doesn’t
run away fast enough. Mr. Exner stated he will take a look at the rip rap
swale. He explained it may need maintenance.
Discussion followed on the church project contributing to the drainage
issues on the west side of School Road.
Mr. Graham stated there needs to be assurance of the church not
causing more problems with drainage.
Mr. Kirk, commented on the topographic maps. He explained the church
is concerned on how the neighbors view their building. He explained the
building is designed to fit in with the residential neighborhood and
landscaped to protect the neighbors from negative impact from
headlights, etc.
Mr. Lofdahl made a motion to close the hearing. Seconded by Ms.
Otteson, the hearing closed at 6:15 p.m. Mr. Lofdahl made a motion to
recommend approval of the request with staff recommendations 1-9.
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 January 23, 2007, in the Council Chambers
at 5:30 p.m.
LOT SPLIT AND VACATION OF EASEMENTS
b) CONSIDERATION OF
LOCATED IN FRASER’S SUBDIVISION
Chairman Kirchoff opened the hearing at 6:18 p.m. with the reading of
publication #7541 as published in the Hutchinson Leader on January 4,
2007.
Ms. Bowers commented on the request and explained the history of the
two lot final plat. She explained the lot division applies to the one lot.
Minutes
Planning Commission – January 16, 2007
Page 4
She reported there really are two divisions to this lot split. One division is
for the separate townhouse units and the second is a 5 foot separate
piece. A drainage and utility easement must be vacated and a new
easement must be granted on the westerly line. She stated the lots
exceed the requirements for the lot area and setbacks. She commented
on the following staff recommendations:
1. A six foot drainage and utility easement is required along the new
westerly property line of lot 1, block 2. The easement shall be
provided prior to any construction on the property.
2. Construction on the lots shall meet the standards of the R-2
zoning district.
3. There must be separate water and sewer services to each lot.
4. The lot splits, vacation of easement, and new easement must be
recorded at McLeod County prior to construction on the lots.
5. All required fees will be at the 2007 charges and collected with the
issuance of the building permit.
6. All existing conditions of the preliminary and final plat remain in
effect.
She explained the present requirement for a 6 foot easement. She
stated there was not a tree requirement in the past and no subdivision
agreement was prepared for this small plat. She reported the City
Forester said he could get some trees for the boulevard.
Brandon Fraser, 1418 McDonalds Drive, stated there will be a 6 foot
easement. He explained that he placed boulevard trees on the other lot
and will place them on these lots also. He commented on his concerns
with having to split the lot. He stated, because of the change in the
requirements, this plat has cost him more.
Mr. Lofdahl stated he was abstaining from voting.
Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr.
Haugen the hearing closed at 6:29 p.m. Ms. Otteson made a motion to
recommend approval of the request with staff recommendations.
Seconded by Mr. Flaata. The motion carried with Mr. Lofdahl abstaining.
Ms. Bowers stated this item will be placed on the City Council consent
agenda at their meeting held January 23, 2007, in the Council Chambers
at 5:30 p.m.
CONDITIONAL USE PERMIT
c) CONSIDERATION OF TO AMEND THE
PLANNED DEVELOPMENT DISTRICT IN SOUTHFORK RIDGE THIRD
VACATION OF EASEMENTS
ADDITION AND FOR CONSTRUCTION
OF ATTACHED TOWNHOMES LOCATED IN SOUTHFORK RIDGE
THIRD ADDITION
Chairman Kirchoff opened the hearing at 6:30 p.m. with the reading of
publication #7542 as published in the Hutchinson Leader on January 4,
2007.
Minutes
Planning Commission – January 16, 2007
Page 5
Ms. Bowers commented on the history of the plats on this property and
the reason for the vacation. She explained the Conditional Use Permit is
to change the side yard setback from 8 feet to 6 feet. She reported staff
has concerns with reducing the setback area and commented on the 5’
drainage and utility easements in this PDD. She explained there are light
feeds between lots 3 & 4 and 7 & 8 in Block 3. She commented on the
following staff recommendations:
1. Individual lots may not exceed 50% lot coverage requirement.
2. Removal or relocation of any services will be at the owner’s
expense.
3. Separate water and sewer services will be required for each lot.
4. Applicant must relocate the light feeds between Lots 3 and 4 and
7 and 8, in Block 3 at their expense.
5. Applicant shall verify that there will be no building over any
stormsewer and provide as-built drawings.
6. Temporary street lights must be replaced with permanent lights
before future building permits will be issued.
Ms. Bowers stated staff is in favor of the vacation of easements
however, has concerns with reducing the side yard setback. Discussion
followed on the recent change in the ordinance which regulates
overhangs in the easement areas. Ms. Bowers explained the present
Planned Development Districts were exempted.
Discussion followed on not allowing 6 foot setbacks in the future. There
was further discussion on the flexibility of PDD developments. Mr. Exner
commented on the concerns with maintaining the 6 foot easements. He
explained that planned development districts should be developed to
address maintenance of the utilities.
Kevin Compton, applicant, stated all utilities are in the front and back of
the lots and there is nothing in the side yard easements. He commented
on the past twin homes he has built with a 6 foot setback. Discussion
followed on this development. Mr. Compton explained the concern is that
patio homes are too narrow and not selling. He stated water flow should
not be an issue with correct grading.
Brandon Fraser, 1418 McDonald Drive, commented on the setback issue.
He stated he has not seen a large piece of equipment in the side yards
yet. He stated reputable builders grade to handle drainage.
There was discussion on the planned development districts allowing
leeway with lot size and setbacks. The utilities are in place in this plat.
Mr. Haugen made a motion to close the hearing. Seconded by Ms.
Otteson, the hearing closed at 6:47 p.m. Mr. Flaata made a motion to
recommend approval of the Conditional Use Permit to allow 6 foot
setbacks since utilities are presently in place and Planned Development
Districts allow variation in the setbacks. Seconded by Mr. Haugen, the
motion carried unanimously. Mr. Lofdhal stated Planned Development
Minutes
Planning Commission – January 16, 2007
Page 6
Districts encourage innovations in development. Mr. Lofdahl made a
motion to recommend approval of the vacation of easements with staff
recommendations. Seconded by Ms. Otteson, the motion carried
unanimously. Ms. Bowers stated this item will be placed on the City
Council consent agenda at their meeting held January 23, 2007, in the
Council Chambers at 5:30 p.m.
ORDINANCE AMENDMENT
d) CONSIDERATION OF SPECIFYING
ACCESSORY BUILDING REQUIREMENTS TO PROHIBIT DETACHED
GARAGES AND SECONDARY ACCESS DRIVES ON DOUBLE
FRONTAGE LOTS
Chairman Kirchoff reopened the hearing at 6:49 p.m. with the reading of
publication #7534 as published in the Hutchinson Leader on December
7, 2006.
Ms. Bowers stated this item was tabled at the last meeting. She
explained staff was notified of concerns with garages being constructed
on double fronted yards. She reported the City may lose control of
access if garages are allowed on the double fronted lots. She explained
staff was asked to address this issue. She explained the first step is to
create a definition to clarify the front yard and double frontage lots. She
then explained the changes to the ordinance.
Discussion followed on requiring a rear yard setback of 25 feet from the
street on double frontage lots instead of 6 feet.
Underwood Avenue has been a concern for future development. Mr.
Exner commented on the traffic along Underwood Avenue. He explained
the new type of developments and the need for collector streets. He
stated collector street access must be limited.
Ms. Bowers commented on the aesthetics of detached garages in rear
yards on a street. She reported staff is mostly concerned with access
and setback. Discussion followed on the ordinance making some parcels
in the City nonconforming. Ms. Bowers reported the resident at 955
Lakewood Drive S.W., contacted her and does not want garages or
sheds in the rear yards of double frontage streets. Discussion followed
on regulating development with an ordinance.
Mr. Fraser stated it is difficult to write an ordinance to accommodate this
type of request. He voiced concern with going overboard on the rules.
Jim Lauer, Lynn Township, commented on concerns from Lynn
Township. They were concerned with the access unto of Underwood
Avenue since no one knows the future of Underwood Avenue. He
commented on previous requests for access onto Underwood. He
reported Lynn Township would like to see a standardized ordinance. Ms.
Bowers stated in some developments there are restrictive covenants not
allowing detached garages or sheds. She explained the City can not
enforce covenants. There was more discussion on the definition of a
Minutes
Planning Commission – January 16, 2007
Page 7
double frontage lot and on identifying the types of streets. Ms. Bowers
stated staff would like to see the access and setback issues addressed.
Mr. Exner explained there are safety concerns on State-Aid and Collector
streets. Discussion followed on creating more problems with an
ordinance. Mr. Exner stated Underwood Avenue is the biggest problem
right now.
The Planning Commission directed staff to make changes to the
proposed ordinance and they would reopen the hearing next month.
Ms. Otteson moved to table to next month. Seconded by Mr.
Currimbhoy, the motion carried unanimously.
4.NEW BUSINESS
a) JANUARY 23, 2007, AT 3:30 P.M. SPECIAL CITY COUNCIL
WORKSHOP ON WIND ENERGY, PRESENTED BY “WINDUSTRY”
Ms. Bowers commented on the email to prepare for the new ordinance
coming in the Spring.
b) The Planning Commission would like a summary of the open meeting law
by Atty. Sebora next month.
5.OLD BUSINESS
6.COMMUNICATION FROM STAFF
Ms. Bowers told the Commission there are two openings for Planning
Commission and applications are available.
7.ADJOURNMENT
There being no further business the meeting adjourned at 7:38 p.m.