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11-20-2007 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 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: Chris Kovacic, Christie Rock, John Lofdahl, Jim Haugen, Mike Flaata, Farid Currimbhoy and Chairman Otteson. Absent: None Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer and Marc Sebora, City Attorney 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated October 16, 2007 Mr. Lofdahl moved to approve the consent agenda as submitted. Seconded by Mr. Haugen. The consent agenda was approved unanimously 4.PUBLIC HEARINGS a) VARIANCE REQUESTED BY THE OAKS FOR PLACEMENT OF A 212 SQ. FT. GAZEBO IN FRONT YARD LOCATED AT 945 CENTURY AVE. SW Chairman Otteson opened the hearing at 5:35 p.m. with the reading of publication #7623 as published in the Hutchinson Leader on November 8, 2007. Ms. Bowers presented the request for a variance to allow construction of a 212 sq. ft. gazebo in the front yard between The Oaks and The Pines Assisted Living facilities. The variance is needed to allow the construction of an accessory building in a front yard and a second accessory building with a size larger than 192 sq. ft. The applicant states that they need to have the gazebo in the front yard in order to be in close proximity to both facilities. Ms. Bowers reported, in reviewing the request, staff finds that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to placement of The Oaks building at an angle on an unusually shaped lot and due to the need to place the gazebo in a location that can be used by both facilities. Additionally, the request would not alter the character of the locality as the gazebo would be an added amenity to the property. She commented on the following staff recommendations: Minutes Planning Commission – November 20, 2007 Page 2 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the need for availability of the gazebo to both facilities and the unusually shaped lot. The unique characteristics of the property were not created by the applicant and the proposed gazebo would not alter the character of the locality. 2. Construction of the gazebo shall meet all other standards for accessory buildings in the Zoning Ordinance, with the exception of the variance granted. 3. Removal and relocation (if necessary) of natural gas and electric will be at property owner’s expense. 4. No construction is allowed over any utilities, including natural gas or electric lines. The Commission stated that a hardship should be added for the size of the structure, in addition to the hardship for placement in the front yard. After discussing the need for the size over 192 sq. ft., the Commission stated the hardship for allowing a 212 sq. ft. gazebo would be the geometry of the octagon shape and functionality of the gazebo. Staff will make the change to the resolution. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 5:45 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations noting the hardship and uniqueness due to placement of The Oaks building at an angle on an unusually shaped lot and due to the need to place the gazebo in a location that can be used by both facilities. A hardship was also found for the size of the structure over 192 sq. ft, due to the geometry of the octagon shape and functionality of the gazebo. 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 November 27, 2007 in the Council Chambers at 5:30 p.m. b) CONDITIONAL USE PERMIT REQUESTED BY BEANS PLUS, INC. TO ALLOW A CHILD CARE CENTER/SCHOOL IN THE C–5 DISTRICT TH LOCATED AT 267 – 4 AVE NW Chairman Otteson opened the hearing at 5:50 p.m. with the reading of publication #7623 as published in the Hutchinson Leader on November 8, 2007. Commissioner Lofdahl stated he would abstain from this item due to a personal conflict. Ms. Bowers commented on the request for a conditional use permit for a th child care center/school at 267 – 4 Ave S.W. (formerly the Jehovah’s Witness Kingdom Hall). She stated the property was zoned from R-2 to C5 in February, 2007. She explained Beans Plus operates the child care center at Ridgewater College, which has a waiting list for enrollment. This property would be an expansion site with approximately 5 full time positions. They anticipate receiving licensing for 8 infants, 14 toddlers Minutes Planning Commission – November 20, 2007 Page 3 and 20 preschoolers. Hours of operation will be from 6:00 a.m. – 6:30 p.m. Monday – Friday. Ms. Bowers stated conditional use permits are required for any change of use in existing buildings in the C-5 district. She reviewed the standards for conditional use permits. The proposed parking exceeds requirements and has adequate parking for employees, parents and visitors. A fenced playground is also proposed. Staff reviewed the proposal at the planning staff meeting and did not raise any concerns over the proposed use. Staff recommends approval of the CUP, with the following findings and conditions: 1. The proposed use would be meet the standards for granting a conditional use permit and would comply with the standards of the C-5 district. 2. The building must meet Building and Fire Codes for a day care prior to occupation. 3. Approval of a sign permit is required prior to installation of any signage. 4. Approval of a fence permit is required prior to installation of any fencing. The applicant spoke on their daycare proposal and provided additional information on the fenced playground, entrances, and security. Janet Meier, 472 Kouwe St. NW, said she supports the daycare proposed by Beans Plus, however expressed a concern over the steepness of Kouwe Street, particularly in the winter when it is icy. The applicant stated they would make sure parents are aware of this so they may th choose to use 5 Avenue rather than turn on Kouwe from Hwy 7. The City Engineer addressed the salting and sanding of side streets. The Commission discussed how the proposal complements the Hwy 7 Study and the specifics of the site. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 6:00 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock the motion carried unanimously. Commissioner Lofdahl abstained Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held November 27, 2007 in the Council Chambers at 5:30 p.m. c) AMENDMENT TO ZONING ORDINANCE TO UPDATE LANGUAGE IN SECTION 154.170 REGARDING CONDITIONAL USES Chairman Otteson opened the hearing at 6:02 p.m. with the reading of publication #7623 as published in the Hutchinson Leader on November 8, 2007. Minutes Planning Commission – November 20, 2007 Page 4 Ms. Bowers explained revisions to the conditional use permit ordinance are necessary to bring it up to date with State Statutes and to eliminate unnecessary requirements. She stated the ordinance amendment corrects the inconsistencies with State Statutes, adds an explanation of purpose, removes duplicate or conflicting language with other parts of the Zoning Ordinance, eliminates timeframes stated for review by tying the timeframes to Statutes, and removes outdated requirements. The Commission asked who records the conditional use permits. Staff stated that the City recorded the resolution and part of the application fee covers this cost. The Commission also discussed how the changes relate to the PDD ordinance regarding timeframes. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at 6:15 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held November 27, 2007 in the Council Chambers at 5:30 p.m. 5.NEW BUSINESS a) UPDATE ON ANNEXATION FOR CITY OF HUTCHINSON, FOR FUTURE HUTCHINSON AREA HEALTH CARE SENIOR CAMPUS Ms. Bowers gave an update on the annexation of 43 acres at the northwest corner of Jefferson Str. SE and Co. Rd. 8. The first reading of the annexation ordinance was approved at the last Council meeting. She explained the annexation process for City owned property. The proposed timing to develop the property would be in 2009, with several phases of development. Next steps will be a sketch plan and rezoning of the property. The Commission had several questions regarding the rural electric agreement, purchase of the property, the ownership of the development, possible zoning districts, and if there were any concerns from the township or adjacent neighbors. The City Attorney provided additional background and information. b) Chairman Otteson brought up an article in Planning Commission Journal that she wanted to share with the Commission. 6.OLD BUSINESS a) HWY 7 CORRIDOR STUDY UPDATE – PUBLIC HEARING WILL BE AT TH REGULAR DECEMBER 18 MEETING Ms. Bowers gave an update of the Hwy 7 study process and confirmed th that the public hearing will be at the Dec. 18 meeting. After Planning Minutes Planning Commission – November 20, 2007 Page 5 Commission review, the study and plan will go to the City Council for adoption. 7.COMMUNICATION FROM STAFF City Attorney Marc Sebora provided information to the Commission on the email policy adopted by the City Council that affects Commissions also. He stated that Commissioners should contact staff by phone or in person. The Commissioners discussed how this policy would impact communications. The Commission asked for the status of the rental housing inspection program. Staff provided an update and answered several questions. 8.ADJOURNMENT There being no further business the meeting adjourned at 6:35 p.m.