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08-21-2007 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 21, 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: Farid Currimbhoy, Chris Kovacic, Christie Rock, John Lofdahl (5:40 p.m.), Jim Haugen and Chairman Otteson. Absent: Mike Flaata Also present: Rebecca Bowers, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated July 17, 2007 Mr.Haugen moved to approve the consent agenda as submitted. Seconded by Ms Rock, the consent agenda was approved unanimously 4.PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO MOVE A HOUSE AND GARAGE TH TO 165-5 AVE. N.W. REQUESTED BY PAUL AND ROSE BOLDUC Chairman Otteson opened the hearing at 5:32 p.m. with the reading of publication #7605 as published in the Hutchinson Leader on August 9, 2007. Ms. Rock abstained from the discussion and voting. Ms. Bowers commented on the request and explained the need for a conditional use permit when moving a house to a platted lot within city limits. She commented on the large easement area and drainage concerns in the area. She stated the setbacks will be met as shown in the survey. She reported staff have met with the applicants and the excavator/contractor. She commented on the staff conditions and recommendations as follows: 1. A pre-move inspection of the house and garage by the Building Department is required prior to moving any structures onto the site. All required work must be completed before a certificate of occupancy will be issued. 2. Approval of a moving permit is required prior to moving any structures. The applicant shall comply with Section 150.20 of the City Code regulating the moving of buildings, including details on the dates of moving, hours, rerouting, movement, parking, and appropriate fees. Minutes Planning Commission – August 21, 2007 Page 2 3. The property must comply with the standards of the R2 (Single and Two family residential) zoning district. No variances are granted or implied. 4. The lowest building opening must be at or above 1071 feet, to allow an elevation at least 2 feet above the pond elevation, which is planned to be approximately 1069 feet. 5. Building Department approval of the fill and building pad is required prior to construction. Soil correction may be needed to provide a suitable building pad. 6. Structures must be placed on suitable fill. Existing fill located on the site cannot be used for building area. 7. The property owners are advised that the subject property and surrounding properties have had drainage issues in the past. Construction of the stormwater pond on site is proposed to provide storage of stormwater and the site is likely to have standing water on site. 8. No structures, grading or fill will be allowed in the drainage and utility easement. All construction work, including grading and sloping, must be done outside of the easement area. 9. Property owners are responsible for all labor and material costs if needed for moving overhead lines or other utilities during and after the house move. Discussion followed on the assessments for the trees and SAC/WAC fees. Ms. Bowers stated this is a legal lot which was platted many years ago and there will be no tree or park dedication fees. She reported SAC/WAC is charged with the building permit. There was discussion on the large amount of soil corrections needed for the site. There will be no room to pile the excess dirt for soil correction on the site. There were comments from adjacent property owners with questions and concerns over drainage in the area. The area has long term issues with drainage and standing water. Staff stated that the pond to be constructed will provide stormwater holding capacity and that the new structure will be required to have all building openings two feet higher than the pond elevation. Another neighbor asked why another pond was needed and didn’t feel that drainage was enough of a problem to construct another pond in the city. Discussion continued on stormwater drainage and the functions of holding ponds. The applicant clarified that he would build a garage on site, instead of moving a garage to the property. Also discussed were the elevations of adjacent property compared to the subject site and pond. Staff stated that a large amount of fill would need to be removed from the site and that . no stockpiling or grading will be allowed within the easement area Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 5:54 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. After Minutes Planning Commission – August 21, 2007 Page 3 expressing caution to the applicants regarding drainage and fill issues on the site the motion was seconded by Mr. Kovacic. The motion carried with Ms. Rock abstaining. Ms. Otteson stated this item will be placed on the City Council consent agenda at their meeting held August 28, 2007, in the Council Chambers at 5:30 p.m. b) CONDITIONAL USE PERMIT, SITE PLAN, AND VACATION OF EASEMENTS TO ALLOW A CHARTER SCHOOL IN THE I-1 (LIGHT TH INDUSTRIAL) DISTRICT AT 1000/1010 5 AVE S.E. Chairman Otteson opened the hearing at 5:56 p.m. with the reading of publication #7605 as published in the Hutchinson Leader on August 9, 2007. Ms. Bowers explained the components to the application. She stated the ordinance was amended last month to allow schools in the I-1 District. She explained the location of the proposed school. She explained the two parcels must be consolidated and a vacation of the easements must be given. She commented on the request and the following standards for a conditional use permit as follows: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Ms. Bowers stated that stormwater and drainage plans were recently provided and have not been reviewed by the City Engineer. The revised plans were provided after the staff report was written for the site plan, building elevation, and floor plans. The revised floor plan identifies a 2- foot larger building than shown on the site plan, which will need to be revised to show the side yard and parking setbacks would still be met. Several changes to the drive-aisles, parking and drop-off areas recommended at the one-stop shop have been incorporated into the revised site plan, however will require additional review and approval by the City Engineer. The landscape plan has not been finalized as the school wants to work with the City Forester to develop the plan as a learning exercise for students. The Commission recommended the required landscaping and buffering be completed by November 2008. Minutes Planning Commission – August 21, 2007 Page 4 Ms. Bowers stated the main issues have been addressed and commented on the following staff recommendations noting number 10 must be completed by the Commisisoners: 1. The proposed building and site improvements must comply with the standards of the I-1 district and the Zoning Ordinance, subject to the conditions stated. No variances are granted or implied. 2. Stormwater calculations and plans must be submitted and approved by the City Engineer prior to any construction on site. 3. A private easement will be required from the property to the west for the benefit of the subject property and the EDA site to the east to allow a drainage swale or stormwater pipe to be constructed to direct drainage to the regional pond. The applicant will be responsible for preparing and obtaining the necessary easements. 4. City Engineer’s approval of the final construction plans is required prior to any excavation, grading, or construction on site. 5. Review and approval by the City Engineer and Planning Director of the final parking arrangement and site circulation is required prior to construction. 6. The applicant should be aware that unusual pedestrian crossings, reduced speed signs or special turning lanes are not recommended due to the industrial uses in the area and truck th traffic on 5 Avenue. 7. The two parcels must be tax combined at the County prior to approval of the building permit for construction of the building. 8. Sign permits are required prior to installation of the signage. 9. SAC/WAC fee in the amount of $47,200 (16 units x $2,950) will be due at the time of building permit. 10. Landscape plan must be reviewed and approved by the City Forester. Landscaping shall be completed by ______________ 2008. 11. Details on the fence construction and approval of a fence permit are required prior to construction. 12. Exterior lighting must be shielded and shall not cause glare to adjacent properties. There were several comments from the public in addition to representatives from the Charter school and investors. Representatives of Hutchinson Co-op expressed concerns about their business next to a school, stating the nature of their business is noisy and dusty, with heavy truck and farm traffic. He said that they would not be the best neighbor to a school. Another Co-op representative questioned how the school would affect the future development of the industrial park, particularly the Stritesky property to the south. The applicants stated they understand the potential issues with operating in an industrial area and that Hutchinson residents are used to rural businesses with the associated smells, dust, noise, etc. They will try to be a reasonable neighbor with the industry near them and will work with the Coop to identify the issues and develop plans to deal with challenges. Minutes Planning Commission – August 21, 2007 Page 5 Traffic levels were also discussed in comparison to other areas with schools, such as School Road. The applicants stated they would not encourage children to walk or bike to school unless there was a dedicated safe route. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing closed at 6:32 p.m. Discussion followed on the recommendation regarding landscaping to be completed by November 2008. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations including 1-13 on the draft resolution noting the verbage “required landscaping and buffering be completed by November, 2008”. Seconded by Mr. Haugen, the motion carried with Ms. Rock abstaining from the vote. Mr. Haugen made a motion to recommend approval of the ordinance to vacate drainage and utility easements between the lots to be developed. Seconded by Mr. Currimbhoy, the motion carried with Ms. Rock abstaining from the vote. Ms. Otteson stated this item will be placed on the City Council agenda at their meeting held August 28, 2007, in the Council Chambers at 5:30 p.m. c) ZONING ORDINANCE AMENDMENT REGARDING NON- CONFORMING USES AND STRUCTURES Chairman Otteson opened the hearing at 6:41 p.m. with the reading of publication #7605 as published in the Hutchinson Leader on August 9, 2007. Ms. Bowers explained the change is a State requirement. This ordinance will bring the City into compliance. The change is beneficial to property owners and mortgage companies. Discussion followed on the changes. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Kovacic the hearing closed at 6:45 p.m. Mr. Lofdahl made a motion to recommend approval of the request. Seconded by Mr. Currimbhoy, the motion carried unanimously. The item will be placed on the City Council consent agenda at their meeting held August 28, 2007. 5.NEW BUSINESS 6.OLD BUSINESS a) LOT SPLIT AT 1316 DELAWARE STREET N.W. (TABLED FROM PREVIOUS MEETING) th Ms. Bowers explained the item was tabled at the July 17 meeting in order for the applicant to provide additional information discussed by the Commissioners at length. She commented on the staff recommendations as follows: Minutes Planning Commission – August 21, 2007 Page 6 1. Construction on both lots shall comply with the shoreland district and requirements of the R-2 Zoning district. No variances are granted or implied. 2. Lot split shall be recorded at the County prior to issuance of any building permit. 3. Impervious surface shall not exceed 25% on either lot. A survey documenting all impervious surface coverage will be required prior to issuance of any building permit. 4. The area containing Delaware Street from Hwy 7, including Outlot A, shall either be deeded to the City or Riverside Addition be replatted to show appropriate right of way for a public street. 5. SAC/WAC fees in the amount of $2,950 must be paid at the time of building permit. 6. Park fees in the amount of $175 must be paid at the time of building permit. 7. Tree fees in the amount of $400 (2 trees per lot x $200) must be paid at the time of building permit 8. Moving or removing of any utility services, if necessary, will be at property owner’s expense. 9. The property owners are responsible for updating and recording their property deeds and survey at McLeod County prior to submitting a building permit for the new lot. Discussion followed regarding the drawing provided by Mr. Cote showing an example of the proposed post and girder construction to elevate the home out of the 100 year flood plain. Mr. Cote did not attend the meeting, however provided a drawing as an example. If the lot split is approved, he will need to hire an architect and engineer to design the structure to meet requirements. He also provided the proposed impervious surface coverage on the lot, which would be approximately 24% and would meet the 25% maximum allowed. The Commission discussed whether the lot split should be allowed with the detached garage on the new lot. The detached garage is considered non-conforming as it does not meet the 50’ structure setback required in the shoreland district ordinance. Additionally, accessory buildings are not allowed without the house as a primary structure. The Commission also discussed previous problems in allowing a lot split with an accessory building on a lot, in which no home was later constructed on the lot. Additional discussion occurred on requiring the garage to be removed prior to the lot split being approved and recorded at the County. The Commission stated that removing the nonconforming garage should be required as a condition of approving the lot split for the new home. A larger attached garage could also be constructed by the applicant if needed. Also discussed was the recommendation for denial by the DNR and whether the city should allow the creation of new residential lots and homes to be built within the 100 year flood plain. The Commission also discussed if there was any regulations to preserve views of the lake. Minutes Planning Commission – August 21, 2007 Page 7 Staff stated there is a 25’ building height maximum allowed in the shoreland district, but no other regulations to preserve views. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations adding condition number 10 “The applicant shall remove the detached garage from the proposed new lot prior to recording the lot division at McLeod County and prior to submitting a building permit for the new lot.” Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council agenda at their meeting held August 28, 2007. b) HIGHWAY 7 CORRIDOR STUDY UPDATE. SET JOINT CITY COUNCIL AND PLANNING COMMISSION WORKSHOP FOR OCTOBER 9 AT 4:00 P.M. TO DISCUSS PROGRESS ON STUDY Ms. Bowers updated the commissioners on the progress of the committee and asked if they could meet with the consultants and the City Council on th October 9 at 4:00 p.m. The Planning Commissioners are in favor of the meeting. 7.COMMUNICATION FROM STAFF Ms. Bowers stated the MnAPA Conference is Sept 26 – 28 and there is money available for two Commissioners to attend this year. After discussion, Mr. Currimbhoy and Mr. Lofdahl agreed to attend. Ms. Baumetz will make the reservations next week. 8.ADJOURNMENT There being no further business the meeting adjourned at 7:06 p.m.