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03-20-2007 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 20, 2007 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with the following members present: John Lofdahl, Jim Haugen, Mike Flaata, Farid Currimbhoy and Chairman Otteson Absent: Christie Rock Also present: Rebecca Bowers, Planning Director, Marc Sebora, City Attorney, John Olson, Public Works Manager and Bonnie Baumetz, Planning Coordinator 2.CONSENT AGENDA a) Consideration of Minutes dated February 20, 2007 LOT SPLIT b)SUBMITTED BY BRUCE NAUSTDAL LOCATED IN RAVENWOOD WEST Mr. Lofdahl made a motion to recommend approval of the Consent Agenda with staff recommendations. Seconded by Mr. Currimbhoy, the motion carried unanimously. 3.PUBLIC HEARINGS CONDITIONAL USE PERMIT a) TO AMEND THE PLANNED DEVELOPMENT DISTRICT FOR CONSTRUCTION OF TWIN HOME LOCATED AT 560/564 HILLTOP DRIVE N.E. SUBMITTED BY CROW th RIVER HABITAT FOR HUMANITY (Tabled from February 20 meeting) Chairman Otteson reopened the hearing at 5:50 p.m. with the reading of publication # 7551 as published in the Hutchinson Leader on February 8, 2007. Mr. Lofdahl abstained from the discussion. Ms. Bowers commented on the request which was tabled from the February meeting. She explained the reasons for the conditional use permit. She reported staff met on-site with the neighboring property owner concerned with drainage from this property onto his property. Ms. Bowers stated staff discussed some of the potential drainage problems on the site. She commented on the areas of concern. Some of the issues have been resolved. She explained the setback of the proposed home is still an issue with the neighboring property owner. Staff recommends approval with following recommendations: 1. Each unit must have separate water and sewer service. Minutes Planning Commission – March 20, 2007 Page 2 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 is required to complete appropriate drainage for the site prior to final landscaping and sodding. Approval of the final grading plan shall be approved by the City Engineer. Discussion followed on the allowable setbacks of the neighboring home. Ms. Bowers stated the lots could have had 6 foot setbacks . She stated it is common to have a 6’ setback in this type of development. Discussion followed on the past actions regarding 6’ setbacks. The same request was approved for other properties over the past few years. Ms. Bowers commented on the variety of home types in the development. Research of the building permits along Hilltop Drive indicate the easterly properties were 6 foot setbacks. Mr. Olson commented on the drainage into the catch basin and a manhole in the street with sufficient drop to drain the property. He commented on the drainage from the garage roof. Options were discussed on-site were the drainage from the garage. Drainage must meet the City Engineer’s approval. Jim Tepley, 554 Hilltop Dr. asked what the setback regulations were. Atty. Sebora stated there are no set regulations in a Planned Development District. Mr. Tepley questioned if there was no standard in City of Hutchinson? He asked what the setback was on the proposed home. Ms. Bowers stated the setback will be 7’ from foundation wall to the property line. Mr. Tepley stated he is concerned with drainage to the west. He reported the property to the east is 20” higher than his property and water stands on his property already in a big rain. He is concerned where the drainage will go. Mr. Tepley asked if they could build a house to a more normal setback. Mr. Olson, Public Works Manager, commented on the discussions from the on-site visit . He stated staff looked at the existing home to the east and the design of the home. He stated ¼ to 1/3 of the garage drainage will goes to the northeast. He explained there is a 6 foot easement on each side of the property line. He reported an option with regard to grading would be to put in a block retaining wall. There may be a way to drain without block. The majority of the water will go to the rear of the property. The water should be moved towards the street. Discussion followed on the proposed and existing elevations. Mr. Olson stated the elevations are current. He noted the grade is steep in this area. He explained all drainage needs approval from City Staff. Steve Bailey, 325 Circle Dr., Crow River Habitat, commented on the back yard grading which will be lower than the neighbor to the west. He stated they could drop the sidewalk 6 inches. Minutes Planning Commission – March 20, 2007 Page 3 Karla Cross, 555 Lincoln, Crow River Habitat, stated they would like to work with the property owners and neighbors. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 6:18 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, the motion carried unanimously. Chairman Otteson stated she would like to add to recommendation #4 “complete appropriate drainage for the site prior to paving the driveways or sidewalks ….” Mr. Currimbhoy agreed to the change. Seconded by Mr. Haugen. The motion carried with Mr. Lofdahl abstaining. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held March 27, 2007 in the Council Chambers at 5:30 p.m. CONDITIONAL USE PERMIT b) TO ALLOW AN AUTOMOBILE REPAIR FACILITY IN THE I/C (INDUSTRIAL COMMERCIAL) DISTRICT LOCATED AT 805 HWY 7 WEST Chairman Otteson opened the hearing at 6:20 p.m. with the reading of publication # 7563 as published in the Hutchinson Leader on March 8, 2007. Ms. Bowers commented on the request and location. She reported on the history of past uses on the property. She stated the I/C District requires a Conditional Use Permit for all changes of use. She explained the type of business proposed for the property. She stated they are not proposing outdoor storage. She commented on the following staff recommendation: 1. The proposed use would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. No outdoor storage is permitted. 3. Paving of the driveway and parking areas must be completed by August, 2008. Parking stalls shall be striped in accordance with Zoning Ordinance standards. 4. A landscape plan must be provided and completed by September, 2008. Landscaping shall meet the requirements of Section 154.115 of the Zoning Ordinance. 5. Prohibited discharges must not be released into the sanitary or storm sewer system. All activities must comply with City, State, and Federal regulations. 6. The conditional use permit may be revoked if the applicant fails to meet these standards or violates the conditions of approval. Ms. Bowers explained the condition for not storing abandon cars and commented on the paving of the drives and the landscaping after the Hwy 7 project is complete. She stated there will not be a huge amount of landscaping needed. She reported staff recommends approval. Minutes Planning Commission – March 20, 2007 Page 4 Discussion followed regarding enclosed garbage and dumpster requirements. Mr. Hoops stated he plans on moving the garbage behind the office area. There was discussion on handicapped parking spaces. The applicants stated they agreed with the paved parking and driveway requirement. Mr. Hoops stated he has no problem with moving the dumpsters. He plans on being in operation within 2 months. He stated signage will be needed. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 6:28 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations1-6 and adding handicapped parking must be provided and and move dumpster to the rear of the building. Seconded by Mr. Currimbhoy, the motion carried unanimously. Ms. Otteson stated this item will be placed on the City Council consent agenda at their meeting held March 27, 2007 in the Council Chambers at 5:30 p.m. VACATION OF UTILITY EASEMENTS c) LOCATED BETWEEN 1209 AND 1205 LEWIS AVENUE S.W. REQUESTED BY STEVE WADSWORTH, PROPERTY OWNER Chairman Otteson opened the hearing at 6:30 p.m. with the reading of publication # 7564 as published in the Hutchinson Leader on February 8, 2007. Ms. Bowers commented on the request and the location. She explained there are three lots involved and a proposed addition onto the easterly lot. She commented on the number of land use actions on this property including a variance. She stated this action is a request to vacate easements. She reported it appears the property owner must combine the lots to one lot to meet Shoreland district requirements. Coverage appears to be in excess of 25%. Ms. Bowers would suggest combining rd the 3 lot also which would require the platting process. She commented on the complicated issues on the lots. Ms. Bowers stated there are no apparent utilities in the easements. Staff would recommend approval with the following recommendations: 1. Lots 20 and 21 must be combined at the County before construction may begin on Lot 21. Proof of recording the lot combination must be provided with the building permit application. 2. Staff recommends that the northerly lot be combined or platted with Lots 20 and 21. 3. The applicant shall provide an updated survey identifying the existing and proposed impervious surface coverage on the subject property before any additional coverage is added to the property. 4. Any modifications to the site shall comply with shoreland district requirements. Minutes Planning Commission – March 20, 2007 Page 5 5. Any future construction on the property must comply with Zoning Ordinance requirements. 6. Any business activities in the home and/or accessory building must comply with the requirements of the home occupation (Section 154.056 (D). 7. Relocation of any utility services will be at property owner’s expense. Discussion followed on the shoreland district compliance. Ms. Bowers stated the shoreland district is everything 1000 feet from the lake. Mr. Wadsworth explained the proposed office is for home use. He would not run the business from the home office. He explained using the vacant lot to the north to be in compliance with the ordinance . He stated he does not want to combine the lots. He asked, if they are combine, can he build closer to the lake. Atty. Sebora stated any building must meet regulations. Mr. Wadsworth stated he was told the two 1209 Lewis lots were to be included in the impervious surface calculations. He stated there are restrictions on the lots and he can not sell the lot by the lake unless the house goes with it. Atty. Sebora commented on the lot coverage requirements. Mr. Wadsworth stated, in 1991, he was told he rd could use the 3 lot in the calculations. Discussion followed on the rules changing over the years. Ms. Bowers stated impervious surface includes rd all hardsurfacing. She explained there are restrictions on the 3 lot. The restrictions include not allowing to build on the lot. There was discussion rd on access to the 3 lot. Discussion followed regarding the unbuildable lot. Ms. Bowers stated the shoreland ordinance is mandated by State regulations. She reported rd there is no supporting information regarding the case of using the 3 lot in the calculation. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Flaata, the hearing closed at 6:51 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations 1,3,4,5,6,7. He stated the applicant meets the intent of the regulation. Seconded by Mr. Flaata. The motion carried with Chairman Otteson voting nay. Chairman Otteson stated this item will be placed on the City Council regular agenda at their meeting held March 27, 2007 in the Council Chambers at 5:30 p.m. 4.NEW BUSINESS SITE PLAN a) SUBMITTED BY ROCKFORD CONSTRUCTION FOR ST CONSTRUCTION OF A FAMILY VIDEO STORE LOCATED AT 108 – 1 AVENUE N.E. Ms. Bowers commented on the request and the straight forward application. She explained the location and proposed building, site plan and elevations. She reported there is a 0 foot building setback in the C3 district. She stated the applicants meet all requirements and comply with Minutes Planning Commission – March 20, 2007 Page 6 all City requirements. She commented on the landscaping plan recommendations from the City Forester. She stated there are minor changes in the species of trees. The recommendation is agreeable with the developer. Ms. Bowers stated staff recommends approval of the request with the following recommendations: 1. The proposed building and site improvements would comply with the standards of theC3 district and the Zoning Ordinance, subject to the conditions stated. 2. Final plans shall be revised according to the City Engineer memo dated March 9, 2007. Plans must be approval by the City Engineer prior to construction. 3. Sign permits are required prior to installation of the signage. 4 Park dedication fee of $430 will be due at the time of building permit. 5. SAC/WAC fee in the amount of $5,900 (2 units x $2,950) will be due at the time of building permit. 6. The City Forester recommends revising the landscape plan to: a) add two more shade trees at the NW and SW corner of the lot, b) diversify shrub planting by intermixing Prairie Petite Lilacs into the shrub line to help break up monoculture of Anthony Waterer Spirea, c) Revise the Redmond Linden specie selection for shade trees to Amur Chokecherry or combine the two species to diversify. 7. Parking on Hassan Street must be re-striped according to the approved site plan along with the parking lot improvements. 8. Any sidewalk, curb, and gutter removed be replaced according to City specifications. 9. Exterior lighting must be shielded and shall not cause glare to adjacent properties. Ms. Bowers stated this was a clean application. She reported the developer addressed all staff recommendations. Discussion followed on the number of accesses. The easterly access is not an alley but private. There was discussion on the Hassan Street access and the building. Doug Klang, Family Home Video, explained he is responsible for all site acquisition for Family Home Video stores. He stated he agrees with the staff recommendations and will meet or exceed requirements. He explained they will be proceeding quickly after City Council approval. He stated Hutchinson staff have been easy to deal with and this was a good experience. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held March 27, 2007 in the Council Chambers at 5:30 p.m. Minutes Planning Commission – March 20, 2007 Page 7 b) DISCUSSION OF ORDERLY ANNEXATION AGREEMENTS Atty. Sebora commented on the need to share feedback. He explained the Townships are expecting a response from him and the City. He would like opinions from the Planning Commission in regard to beginning the process. Mr. Flaata stated he looked at the agreements and is not sure if this agreement would prohibit some development. Atty. Sebora stated this is the townships attorney’s first try. Discussion followed on the Lynn Township agreement. Chairman Otteson stated the Lynn document is clear and precise. c) DISCUSSION OF AMENDING THE AGENDA TO INCLUDE THE PLEDGE OF ALLEGIANCE AT PLANNING COMMISSION MEETINGS Chairman Otteson commented on the Planning Commission beginning the meeting with the Pledge of Allegiance. There was discussion of other cities process. Mr. Flaata moved to amend the agenda to include the pledge. Seconded by Mr. Currimbhoy. The motion carried unanimously. d) HIGHWAY 7 CORRIDOR STUDY AND PLAN Ms. Bowers commented on the proposed study and the study area. She explained a study would help the City in protecting the highest and best uses for some of these properties along Hwy 7. She commented on the mixture of property uses along the Hwy 7 corridor. She requested the support of the Planning Commission for the study. She explained the RFP proposals are due the end of the week. She explained the Resolution by the Planning Commission in support of the study. Discussion followed regarding the possibility of grant money for the businesses to fix up their properties along Hwy 7. Ms. Bowers stated this is a possibility when the plan is in place. There will be an impact on the property owners if there is a rezoning. Mr. Lofdahl moved to approve the resolution. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Bowers explained the City Council will be acting on an interim ordinance to do a temporary moratorium along the Hwy 7 corridor. She explained how that will affect certain properties and types of properties. The moratorium will be in place for 9 months to 1 year and may be extended by the City Council up to 18 months. 5.OLD BUSINESS 6.COMMUNICATION FROM STAFF a) PRESENTATION OF ANNUAL PLANNING, ZONING AND BUILDING REPORT BY REBECCA BOWERS Minutes Planning Commission – March 20, 2007 Page 8 Ms. Bowers will report on the annual report in the future. 7.ADJOURNMENT There being no further business the meeting adjourned at 7:39 p.m.