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02-20-2007 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, February 20, 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: Christie Rock, John Lofdahl, Jim Haugen, Lynn Otteson (6:40), Mike Flaata, Farid Currimbhoy 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.OATH OF OFFICE AND INTRODUCTION OF NEW PLANNING COMMISSIONER CHRISTIE ROCK 3.APPROVAL OF MINUTES a) Consideration of Minutes dated January 16, 2007 Mr. Lofdahl moved to approve the minutes of January 16, 2007 as submitted. Seconded by Mr. Haugen. The minutes were approved unanimously. 4.PUBLIC HEARINGS PRELIMINARY PLAT a) CONSIDERATION OF A 5 LOT TO BE KNOWN VARIANCE AS EXCELSIOR ADDITION AND A TO REDUCE LOT DEPTH ON TWO LOTS LOCATED EAST OF ROTARY PARK SUBMITTED BY JEFF MUNSELL Chairman Kirchoff opened the hearing at 5:42 p.m. with the reading of publication #7547 as published in the Hutchinson Leader on Thursday, February 8, 2007. Ms. Bowers commented on the 5 lot preliminary plat and explained the location and the street change. She explained these will be single family lots and meet area and setback requirements. She reported two lots will require a variance for the 90’ lot depth. She stated these will be manufactured homes with attached garages and full foundations. The utility site plan shows the building location for each lot. She explained the street name will be changed to Alaska Court as requested by emergency services personnel. She stated the homes will meet all required setbacks. Staff recommendations were as follows: Minutes Planning Commission – February 20, 2007 Page 2 1. The preliminary plat and plans shall be revised to comply with the required revisions and comments listed in the City Engineer’s memorandum dated February 12, 2007. Final plan approval is subject to City Engineer’s approval. 2. A variance is warranted for lot depth between Block 1, lots 1 & 2 and 4 &5 based upon the hardship of the unique characteristics of the property and infill site. The property could be platted with 5 lots to meet lot size and setback requirements, however could not meet the lot depth requirement for the two center lots because of the shape of the infill parcel. The variance would allow for the public road and cul-de-sac diameter to meet city standards. 3. Construction on the lots must meet the setback and coverage requirements of the R-2 zoning district. 4. The location of garages and driveways shall be coordinated to align garages and driveways to minimize utility conflicts and maximize green space. Lots 1 & 2 and 4 & 5 shall have their driveways aligned to the side of the lot along the shared lot line. 5. A subdivision agreement will be required prior to approval of the final plat. Fees shall be paid in accordance with this agreement. Escrow for the cost of two trees per lot (10 trees) shall be paid prior to signing the final plat. 6. A stop sign will be required at California and Alaska Court and will be included as a requirement in the subdivision agreement. 7. The applicant will coordinate with adjacent property owners and the project surveyor regarding identification of the property lines and any necessary relocation of accessory buildings that encroach onto the subject property. Ms. Bowers commented on the trail relocation. The City trail encroaches onto the applicant’s property. She also commented on the hardship for the variance stating the site is an infill with surrounding platted lots. Staff recommends approval with City Engineer’s recommendations. Ms. Bowers stated the public cul-de-sac meets city guidelines. Discussion followed on the 5’ driveway setback. Marty Campion, Otto Assoc., stated the property owners concur with staff recommendations. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 5:50 p.m. Mr. Haugen made a motion to recommend approval of the preliminary plat and variance with the hardship of the property being an infill lot with staff recommendations. Seconded by Mr. Lofdahl, the motion carried unanimously. Ms. Baumetz Minutes Planning Commission – February 20, 2007 Page 3 stated this item will be placed on the City Council consent agenda at their meeting held February 27, 2007, in the Council Chambers at 5:30 p.m. REZONE b) CONSIDERATION OF A REQUEST TO PROPERTY FROM R2 TH TO C5 LOCATED AT 267 – 4 AVE N.W. FOR CHANGE OF USE FROM CHURCH TO PROFESSIONAL OFFICE BUILDING Chairman Kirchoff opened the hearing at 5:51 p.m. with the reading of publication #7548 as published in the Hutchinson Leader on Thursday, February 8, 2007. Ms. Bowers explained the rezoning request and the present church use of the property. She stated the property is in an R2 District presently and must be rezoned for the proposed office building use. She explained the zoning in the area is a mixture of zoning districts and C5 (Conditional Commercial) is abutting this property. She reported the area along Hwy 7 is in transition. There is commercial to the south of this property. Ms. Bowers stated there are no permitted uses in the C5 district and that any use will need a conditional use permit. She explained the Planning Commission should consider the Comprehensive Plan and what it projects for zoning. The Comprehensive Plan shows this as recommended for residential development. She reported Staff looked at the surrounding uses and the unique area as commercial. This use is consistent with the C5 uses. Staff recommendations and approval as follows: 1. The rezoning would be consistent with the intent of the Comprehensive Plan and Zoning Ordinance, due to its location on Highway 7, adjacent C-5 zoning, surrounding commercial guiding and the transitional nature of the area. 2. Buffering with coniferous trees and/or shrubbery is required between the commercial and residential zone to the north. A landscaping plan is required and must be approved by the City Forester and Planning Director. 3. The rezoning will expire within one year from the date of approval if the use does not change from the church to a business office. 4. Review and approval of a conditional use permit is required prior to the change in use, as required by the Zoning Ordinance. Additional conditions may be required in order to satisfy the specific conditional use permit standards during the review of the conditional use permit application. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Flaata, the hearing closed at 5:58 p.m. Mr. Lofdahl 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 February 27, 2007, in the Council Chambers at 5:30 p.m. Minutes Planning Commission – February 20, 2007 Page 4 CONDITIONAL USE PERMITSITE PLAN c) CONSIDERATION OF A AND TO CONSTRUCT A DRIVE UP BANK FACILITY LOCATED IN THE I/C DISTRICT AT 745 HWY 7 W SUBMITTED BY HOME STATE BANK Chairman Kirchoff opened the hearing at 5:59 p.m. with the reading of publication #7549 as published in the Hutchinson Leader on Thursday, February 8, 2007. Ms. Bowers commented on the request located in the I/C (Industrial Commercial) district. She explained all uses in this district require a conditional use permit. She stated the site plan and conditional use permit include a new bank facility and a new parking lot with drive thru lanes. She commented on the future expansion area. She commented on the building to be constructed and the site plan. Ms. Bowers stated the request meets all requirements and exceeds the setback requirements and traffic flow requirements. The landscape plan exceeds the required number of plantings. There will be both a monument sign and pole type sign on the property. Signage requires permits. The proposed signage meets the City sign ordinance requirements. The applicant must follow the City Engineer’s requirements and the following staff recommendations: 1. The proposed use would meet the standards for granting a conditional use permit. 2. The proposed addition and site improvements would comply with the standards of the I/C district. 3. Sign permits are required prior to installation of the signage. 4. The future building and parking expansion areas will require site plan approval in accordance with the Zoning Ordinance standards in place at the time of planned expansion. 5. Plans shall be revised to meet the preliminary plan review comments included in the City Engineer’s Memorandum dated February 12, 2007. Final plans require approval of the City Engineer prior to construction. 6. Park Dedication fee of $860 will be due at the time of building permit. 7. SAC/WAC fee in the amount of $5,900 (2 units x $2,950) will be due at the time of building permit. 8. As with all businesses on the Highway 7 corridor; a reminder that access during the reconstruction of the highway will be challenging. Discussion followed of the proposed access for the businesses to the west. The westerly properties have access from Hwy 7. Nancy Dwinell, property owner to the west, questioned the service road recommended by MNDOT previously. Mr. Exner commented on the consideration of a service road in front of the businesses to the west. He stated MNDOT’s final design does not include a service road. There will be shared accesses along Hwy 7 W. He explained MNDOT left each Minutes Planning Commission – February 20, 2007 Page 5 property access rights to all properties. Mr. Exner stated no service road will be constructed in the future. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Lofdahl, the hearing closed at 6:08 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held February 27, 2007, in the Council Chambers at 5:30 p.m. CONDITIONAL USE PERMIT d) CONSIDERATION OF A TO ALLOW A USED AUTOMOBILE BUSINESS TEMPORARILY IN THE GATEWAY DISTRICT LOCATED AT 16919 HWY 7 EAST SUBMITTED BY JAMIE EMANS, EMANS AUTO SALES Chairman Kirchoff opened the hearing at 6:09 p.m. with the reading of publication #7550 as published in the Hutchinson Leader on Thursday, February 8, 2007. Ms. Bowers explained the request and the location. She explained the request is related to the construction on Hwy 7 West this year. The temporary use will take place from April 15, 2007 – October 15, 2007. She presented the applicant’s drawing showing the office, lot space, and restroom space. She stated this is an unusual request and recommendations should include that this is the only temporary use allowed on this property. Staff recommendations and approval are as follows: 1. An adequate gravel base shall be placed on site to support the trailer, portable toilet, and vehicles. 2. The conditional use permit is temporary and will expire October 15, 2007. 3. Electric service to the site must be properly abandoned by November 1, 2007. 4. This is a one time temporary use specifically related to Highway 7 construction. Noother temporary uses will be allowed on this property in the future due to the requirements the Gateway District and concerns over the appearance of temporary uses. th Discussion followed on the October 15 date being long enough. Mr. Exner stated this site is in the construction portion of Hwy 7. The construction this year is very utility intensive. Discussion followed on the construction season. There was also discussion regarding the lighting and security on the property. Jamie Emans, Emans Auto Sales, stated the lighting will look good. He stated there will possibly be one light by the office. He stated the minute the road is done he will be moving back to his location. He explained that st October 1 is the target date to move back. He commented on the sign which will be placed on the site. Minutes Planning Commission – February 20, 2007 Page 6 Mr. Haugen made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:18 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations noting a sign permit is required prior to placement. 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 February 27, 2007, in the Council Chambers at 5:30 p.m. CONDITIONAL USE PERMIT e) CONSIDERATION OF A TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW FOR A REDUCTION IN LOT WIDTH AND LOT AREA FOR CONSTRUCTION OF TWIN HOME LOCATED AT 560/564 HILLTOP DRIVE N.E. SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY Chairman Kirchoff opened the hearing at 6:19 p.m. with the reading of publication #7551 as published in the Hutchinson Leader on Thursday, February 8, 2007. Mr. Lofdahl stated he will abstain from the discussion and voting. Ms. Bowers commented on the request and the location. She stated the lots have been previously split. She explained the conditional use permit request is an extension of the planned development district that was approved previously but has since expired. She commented on the request to allow a 66 foot lot width and reduce the lot area for one lot which is short of the 5,000 sq. ft. requirement. Staff approved with conditions as follows: 1. Each unit must have separate water and sewer service. 2. Parkland dedication is $135.00 per unit and SAC/WAC is $2,950 per unit to be collected at the time of building permit. 3. Garages must be 400 square feet or larger. 4. Specific consideration for proper drainage between the units is essential. The property owner will be required to complete appropriate drainage for the site prior to final landscaping and sodding. Discussion followed on the boulevard tree ordinance. There was discussion of the property being platted before the tree escrow was in place. Steve Bailey, Chairman of Habitat for Humanity Board, stated they will provide the trees if not provided by the city. James Tepley, 554 Hilltop Dr., questioned the meaning of the conditional use permit. Ms. Bowers explained the conditional use permit is an amendment to the planned development district. Mr. Tepley asked if this means they can come closer to his lot. He stated the homes they have constructed are too dense for the drainage. He explained this lot is 6’ above his house and the drainage will come on his property. Ms. Bowers stated the elevations and drainage will be reviewed when the building permit is reviewed. She explained property owners can’t alter the Minutes Planning Commission – February 20, 2007 Page 7 water runoff. Atty. Sebora concurred that the drainage can not be altered. Mr. Exner explained the drainage is reviewed for all homes. He stated they may have to look at tiles and swales to alleviate drainage problems. He explained he doesn’t want to see drainage problems either. Mr. Lofdahl, General Contractor for Habitat, stated there will be a retaining wall on the property. The need for the wall will be determined when plans are complete. He explained the surveyor will set the top of foundation grade. He commented on the roof run-off which will drain to the north and south. The rear side of house drains to the south. Mr. Lofdahl stated the drainage concern is the front ¼ of the roof. He stated gutters and drain tiles will be installed on the lot. He reported Habitat will accept the recommendations and requirements of the city. Mr. Tepley again commented on his concerns with the runoff onto his property. Ms. Bowers commented on the review of the building plans. There was discussion of the ground elevation in the area. There is a retaining wall between lot 6 and 5. Retaining walls should be sufficient to hold water. Mr. Tepley stated he does not want a retaining wall for safety of his family. Ms. Bowers recommended a meeting with Mr. Tepley on-site with the City Engineer to work with him along with the Contractor. Ms. Bowers stated the original PDD was approved at 6’. Discussion followed to table this request to next month until the staff has met on-site. There was further discussion on the attempt by Habitat to work with the neighbors. Mr. Lofdahl stated the ordinance states no drainage can go on another lot. Mr. Tepley will work with the staff. Ms. Bowers stated an extension of the conditional use permit must be signed by the applicant. Mr. Flaata made a motion to table the request to next month. Seconded by Mr. Currimbhoy, the item is tabled to next month. CONDITIONAL USE PERMIT f) CONSIDERATION OF A TO ALLOW A SIGN SHOP TO BE LOCATED IN THE C5 DISTRICT LOCATED AT 225 RD 3 AVE. N.W. SUBMITTED BY DAVE WEGSCHIED Chairman Kirchoff opened the hearing at 6:45 p.m. with the reading of publication #7452 as published in the Hutchinson Leader on Thursday, February 8, 2007. Ms. Bowers commented on the request for a conditional use permit in the C5 district. She explained the area of the building to be used by the sign shop. She stated the request meets the standard of the ordinance. Staff approves with the following recommendations: 1. The proposed use would meet the standards for granting a conditional use permit. 2. The proposed use would be in an existing building and would comply with the standards of the C-5 district. Minutes Planning Commission – February 20, 2007 Page 8 3. Outside storage of materials or signs is not permitted. All materials must be contained within the building. Parking of company vehicles on the site is allowed. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson, the hearing closed at 6:48 p.m. Ms. Otteson 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 February 27, 2007, in the Council Chambers at 5:30 p.m ORDINANCE AMENDMENT g) 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. Ms. Bower commented on the ordinance originally proposed. She explained staff was directed by the Planning Commission to return with another ordinance to allow detached garages on thru lots, changing the rear set back to 25’. She commented on Version 2 with the access issue of direct access through the rear yard not being permitted. Version 2 added the 25’ rear setback on the thru lots. Ms. Bowers explained Version 3 clarified the types of streets the garages could not access onto. She explained there is also a Version 3.1 which would state no access on any collector or arterial roadways. Ms. Bowers explained the Transportation Classification map would guide the areas the accesses would be allowed. Discussion followed on only allowing one driveway to get away from the second access onto properties. Discussion followed on Underwood Ave. and the present driveways which have been conditioned that there may not be access in the future. There was further discussion on the older parts of the city and replacement of garages in those areas. It was noted Lynn Road rear accesses can not meet the access and setback requirement proposed. Atty. Sebora explained that the law has changed and a nonconforming buildings may be replaced if destroyed. The building may not be enlarged. Discussion followed on the initial request. New subdivisions were the target. Ms. Bowers explained if there is nothing in the ordinance it is difficult to enforce. Discussion followed on identifying the areas by dates. Atty. Sebora again commented on the 2004 nonconformity law. There was discussion on Version 3 issues on Lynn Rd and Roberts Rd. Ms. Bowers would suggest properties platted before 1988 could be exempted. Minutes Planning Commission – February 20, 2007 Page 9 Discussion followed regarding addressing corner lots and adding rear or side yards. Ms. Otteson made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 7:19 p.m. Mr. Currimbhoy made a motion to recommend approval of Version 3.1 with the changes discussed. Seconded by Ms. Otteson, the motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council regular agenda at their meeting held February 27, 2007, in the Council Chambers at 5:30 p.m. LOT SPLIT AND VARIANCE h) CONSIDERATION OF A SUBMITTED BY THE CITY OF HUTCHINSON FOR CONSTRUCTION OF A TUNNEL AND TRAIL LOCATED ON THE HISTORICAL SOCIETY PROPERTY Chairman Kirchoff opened the hearing at 7:21 p.m. with the reading of publication #7554 as published in the Hutchinson Leader on Thursday, February 8, 2007. Ms. Bowers explained this request is related to the proposed tunnel under Hwy 7 West. She stated the City was not able to obtain a perpetual easement with the Museum. She commented on the location of the lot split which would be the construction area of the trail. She stated the lot split does not meet the requirements of the C4 district. She commented on the requirements of the lot area. She explained the lot would meet lot width but not lot depth. The average depth of the lot is close to 40 feet and must be 180’. The hardship is to reduce impact to the Museum property by making the lot 1 acre. She explained with property on a State Hwy there is not as much ability for the city to use the property. Ms. Bowers explained this is a joint application with the museum and the City. Discussion followed on the unusual request. Atty. Sebora stated this was a struggle for city staff. Mr. Exner commented on the trail proposed and explained the reason for the size and outline of the lot split. He commented on the drainage in the area. Mr. Exner stated the applicant has had extensive conversations with the City staff. He explained if the project were next to City right-of-way the City would obtain more right-of- way to complete the project. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson, the hearing closed at 7:31 p.m. Mr. Lofdahl made a motion to recommend approval of the request with the hardship of reducing the impact to the museum and staff recommendations. Seconded by Ms. Otteson, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held February 27, 2007, in the Council Chambers at 5:30 p.m. 4.NEW BUSINESS ELECTION OF OFFICERS Mr. Lofdahl moved to nominate Ms. Otteson for Chairman. Seconded by Ms. Rock. Mr. Flaata moved nominations cease. Minutes Planning Commission – February 20, 2007 Page 10 Chairman Kirchoff called for the vote. The motion to elect Ms. Otteson as chairman carried unanimously. Mr. Haugen moved to nominate Mr. Lofdahl as Vice Chairman. Seconded by Mr. Flaata. Mr. Haugen moved nominations cease. Chairman Otteson called for the vote. The motion to elected Mr. Lofdahl as vice chairman carried unanimously. Mr. Lofdahl commented on the boulevard trees for lots. He questioned if a lot split should require trees. Ms. Bowers will review the ordinance to clarify. Discussion followed on the tree issues and clarification of the ordinance linked to sq. footage or the need for tighter development agreements. 5.OLD BUSINESS 6.COMMUNICATION FROM STAFF Atty. Sebora commented on the orderly annexation agreements being reviewed by the City and Joint Planning Staff. He state Lynn Township has signed the City generated agreement. He distributed copies of the orderly annexation agreements for Planning Commission input next month. Ms. Bowers stated she will do an Annual Report presentation in March. 7.ADJOURNMENT There being no further business the meeting adjourned at 7:50 p.m.