Loading...
04-15-2008 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 15, 2008 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:34 p.m. with the following members present: Chris Kovacic, Christie Rock, John Lofdahl, Jim Haugen, Mike Flaata and Chairman Otteson. Absent: Farid Currimbhoy Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated March 18, 2008. Mr. Flaata moved to approve the consent agenda as submitted. Seconded by Mr. Haugen. The consent agenda was approved unanimously 4.PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED AT WALMART, 1300 HWY 15 SOUTH, REQUESTED BY TNT FIREWORKS Chairman Otteson opened the hearing at 5:36 p.m. with the reading of publication #7670 as published in the Hutchinson Leader on April 3, 2008. Ms. Bowers commented on the annual request to allow fireworks to be sold in a tent th located in the WalMart parking lot. The request is to set up the tent June 18 with take down July 5– 9. She explained Section 130.08 C(6) of the Hutchinson Municipal Code requires a conditional use permit for outside sale of fireworks. She stated conditional use permits have been granted annually since 2005 for the same request. She explained approval of a conditional use permit shall be based on the standards for granting conditional use permits. Ms. Bowers reported the staff would recommend approval of this request with certain conditions for safety. There do not appear to be any traffic flow issues and there are no entrances onto Highway 15 in this area. Access would be from the internal parking lot. The display must be kept secured at all times. Signage requires separate applications and permitting. The following recommendations were suggested by staff: 1. Display must be kept secured. 2. Signage requires a separate permit. 3. Access must be from the internal parking lot. 4. The permit is allowed from June 18, 2008 to midnight July 9, 2008 Mn/DOT reviewed the request and offered the following comment: “No signs are permitted within Mn/DOT right of way at any time.” Minutes Planning Commission – April 15, 2008 Page 2 Discussion followed on the traffic flow. Ms. Bowers stated there does not appear to be any traffic flow problems over the years the tent has been located at WalMart. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing closed at 5:39 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. Ms. Otteson stated this item will be placed on the City Council consent agenda at their meeting held April 22, 2008, in the Council Chambers at 5:30 p.m. b) PRELIMINARY PLAT FOR ENERGY PARK, HUTCHINSON EDA, FOR DEVELOPMENT OF A NEW INDUSTRIAL PARK Mr. Haugen made a motion to table this item to the May meeting. Seconded by Mr. Lofdahl, the motion carried unanimously. c) RIVER OVERLAY DISTRICT DESIGN STANDARDS ORDINANCE AND DISTRICT BOUNDARIES Chairman Otteson opened the hearing at 5:40 p.m. with the reading of publication #7670 as published in the Hutchinson Leader on April 3, 2008. Ms. Bowers commented on the staff review of the overlay ordinance. She gave background on the proposed ordinance that was recommended from the Hwy 7 Study. She commented on proposed overlay area and noted the area was expanded based upon the recommendations at the last Planning Commission meeting. She explained the ordinance and stated this will be a new section in the City Code. The River Overlay District would be a new layer of review to meet the Study objectives. The vision and goals are from the Hwy 7 Study. She commented on the application of the ordinance to land use in the district. She summarized the details of the design standards. Landscaping and stormwater management standards were discussed. Ms. Bowers touched on the Architectural Design section and explained the signage and lighting section and the “way finding” signage. The Commission discussed how the standards would apply to existing buildings and properties. Staff reviewed the draft language that would apply the standards to redevelopment and new buildings constructed within the district. An option for exemptions for existing legal uses was discussed. The ordinance would allow existing uses to be exempted from the standards to allow construction of additions and new buildings on their properties without complying with the standards. The Commission supported the exemption for existing uses. The Commission discussed how the standards would apply to changes in uses or if a building was destroyed. If a building is destroyed, statutes allow it to be rebuilt if a building permit is applied for within 120 days. For changes in use, the regulations in place at that time would apply, as the exemption would be tied to the existing use. Discussion followed on clarifying the term uses or buildings. Greg Witt, Edina Realty, encouraged the Commission to get the language right before sending this through. He has concerns for the existing businesses and the change to their properties. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 6:14 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, the motion carried unanimously. Minutes Planning Commission – April 15, 2008 Page 3 This item will be placed on the City Council consent agenda at their meeting held April 22, 2008, in the Council Chambers at 5:30 p.m. 5.NEW BUSINESS 6.OLD BUSINESS a) LOT SPLIT REQUESTED BY KENNETH COTE LOCATED AT 1316 DELAWARE STREET N.W. TO CREATE A NEW LOT WITHIN THE SHORELAND DISTRICT AND FLOOD PLAIN (TABLED FROM AUGUST, 2007) Ms. Bowers stated the Planning Commission reviewed this request twice in 2007. She explained the DNR has recommended to deny the request. She commented on the existing home and garage and stated the requested items were provided. Mr. Cote is able to meet the coverage requirements in the shoreland district. She presented information provided from the prior meetings. Discussion followed regarding the detached garage on the remaining lot which would be non-conforming. Ms. Bowers commented on the prior Planning Commission conditions. She stated the applicant is present to discuss the condition to remove the garage. Mr. Cote, asked to keep the detached garage. He commented on the possibility of acquiring additional property to allow the garage to remain on the lot with the house. He is asking if the lot division is permissible as requested if not, he would explore the possibility of purchasing the vacant lot. He stated he will withdraw the request if the garage had to go. Discussion followed on the previous request to remove the garage. Staff stated that the Commission needs to act on the current application and that Mr. Cote could withdraw his application until he decides on his options. He could apply later is he is able to obtain additional property and wishes to pursue building. Mr. Cote stated he will withdraw his request tonight and signed a withdrawal letter. 7.COMMUNICATION FROM STAFF Ms. Bowers stated the next step in the Hwy 7 Study Area will be to create a Mixed Use zoning district. 8.ADJOURNMENT There being no further business the meeting adjourned at 6:27 p.m.