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06-17-2008 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 17, 2008 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 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 Deb Crooks, Permit Technician. 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated May 20, 2008. Mr. Currimbhoy moved to approve the consent agenda as submitted. Seconded by Mr.Lofdahl. The consent agenda was approved unanimously. 4.PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A BUILDING TO HOUSE A CAR DETAILING BUSINESS LOCATED IN THE I/C (INDUSTRIAL COMMERCIAL) DISTRICT AT 205 MONROE STREET S.E., REQUESTED BY SCOTT HAAG Chairman Otteson opened the hearing at 5:48 p.m. with the reading of publication #7689 as published in the Hutchinson Leader on June 5, 2008. Ms. Bowers commented on the request and the following staff recommendations: 1. A certified property survey is required before a building permit will be reviewed. The survey shall clearly identify dimensions and setbacks for the building, parking, and driveway, and identify elevations and drainage direction on site. Review and approval of the site plan is required by the City Engineer and Planning Director before construction. 2. Screening with fencing or plantings of trees or shrubbery along the west property line is required on the subject property to screen from residential property. Screening shall be provided on private property and not on the public right of way. Screening shall meet the requirements of section 154.115. The landscaping plan shall be approved by the City Forester prior to approval of a building permit. 3. The driveway and parking area must be paved with bituminous or concrete. 4. The applicant shall provide a minimum of four off street parking spaces to accommodate additional vehicles on site. All parking and car detailing must Minutes Planning Commission – June 17, 2008 Page 2 be conducted on the subject property and no servicing of vehicles or on- street parking is allowed due to the impact to adjacent residential properties. 5. Water and sewer service lines must be from Monroe Street and not Second Avenue. The owner will be responsible for the restoration of the street. 6. One access onto Second Avenue is permitted, with a maximum driveway width of 24 feet. The existing driveway must be removed and restored if the driveway is relocated. The location and design of the driveway must be approved by the City Engineer prior to construction. 7. An MPDS permit and erosion control will be required prior to any construction. Dave Rupp, 215 Monroe St., questioned the line of trees which he planted approximately 20 years ago and the chain link fence to the north. He asked If the bushes will need to be replaced or will the fence or landscaping shield his property? Ms. Bowers explained the landscaping will be on the left side or the commissioners may ask for additional screening while noting the aerial photos displayed were not exact. Mr. Rupp did state he would be willing to work something out with the owner. Chairman Otteson explained a survey will be required and then property lines would be defined as to moving existing bushes. Mr. Rupp offered to work with the landowner on this item. Mr. Lofdahl commented it was good to see the neighbors working together on these types of issues. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Kovacic. The hearing closed at 5:52 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held June 24, 2008, in the Council Chambers at 5:30 p.m. b) VACATION OF EASEMENTS AND PRELIMINARY AND FINAL PLAT OF RIVERPOINTE VILLAS (FORMERLY KOTTKE COURT) SUBMITTED BY HAGEN BUILDERS Chairman Otteson opened the hearing at 6:06 p.m. with the reading of publication #7689 as published in the Hutchinson Leader on June 5, 2008. Mike Hagen, Hagen Builders, explained how driveways were kept smaller and the re-platting eliminated hardcover over all. There was discussion on the street, snow removal, and fire hydrant access. Staff stated that this is an existing private street and snow removal would be the responsibility of the homeowners association. The applicant provided information on past experience with snow removal in the development and snow storage areas. The Commission recommended that it be noted in the recorded documents that these are private responsibilities so future residents are aware. Staff stated that a statement can be added to the Subdivision Agreement. The Commission discussed the importance of keeping the 20’ easement clear in the center of the development in order to prevent future problems with getting pond maintenance equipment down to the stormwater pond. The applicant stated he has worked with the City Engineer to reduce the hardcover of the development by reducing the private drive width and combining the driveways. Minutes Planning Commission – June 17, 2008 Page 3 Chairman Otteson asked whether that has impacted the neighbor to the south. Mr. Hagen answered there is a high berm with trees to which they will be cutting in a retaining wall and adding trees to screen. Mr. Exner commented that the City is happy with how the snow removal went and by widening driveways it works better. Mr. Flaata had questions regarding the private streets and Ms. Bowers suggested adding an additional insurance. Mr. Hagen explained the main reason for the vacation was to have a secondary access. Chairman Otteson expressed to Mr. Hagen he would not be able to build anything in that area and Mr. Hagen confirmed he would not be. Ms. Bowers commented the conditions recommended by staff for the current request have been added to the previously approved conditions that are still applicable, as stated below: 1. The plat must be recorded at McLeod County before any building permits will be issued. The plat name will be revised to “RiverPointe Villas” per the applicant. 2. The setbacks for the development shall be 10’ from the front lot line, 8’ from the rear lot line, and 6’ from the side lot line. Setbacks shall be measured from the unit lot line. A minimum 50’ structure setback is required from the ordinary high water level. 3. The applicant shall verify the face of wall location and elevations of the retaining wall on the north side of the development, including the elevation of the top and bottom of the wall. 4. The applicant shall verify the proposed drainage along the north property line. If an appropriate drainage swale is not feasible between the wall and the northerly lots then necessary drainage facilities such as draintile inlets and piping shall be constructed. 5. No decks, porches, or patios will be allowed outside the unit lots on lots 1- 4, Block 1, to allow property drainage along the wall. Decks, porches, or patios may be allowed within the unit lots of lots 1 – 4, Block 1, subject to meeting the 8’ setback to the unit lot line. 6. Grills will not be allowed where there is a roof above the open deck area. 7. It must be disclosed to prospective buyers that City owned areas across the river are heavy industrial properties, including HATS facility, compost site, and a training and shooting range. 8. Fees shall be paid prior to issuance of building permits and as required by the subdivision agreement in effect. 9. All conditions of the Preliminary and Final Plat and subdivision agreement shall remain in effect, unless specifically revised by the City. 10. No building improvements, egress window wells, patios, trees, shrubs or other additions are allowed in the drainage and utility easements, unless specifically exempted by resolution. 11. The final design and location of the retaining wall along the south property line is subject to approval of the City Engineer. 12. Construction of mailboxes and a maintenance shed on commonly-owned lot 15, block 1, may be allowed, subject to approval of a building permit. 13. An updated subdivision agreement shall be entered into between the City and the property owner. The applicant shall record the agreement with the final plat and provide documentation of recording to the City prior to issuance of any additional building permits. Minutes Planning Commission – June 17, 2008 Page 4 A resident at 1379 Jefferson had questions regarding the split rail fence and the access coming into the driveway and garage. After Mr. Hagen’s explanation he no longer had concerns. Mr. Lofdahl stated the retaining wall on the north was discussed earlier. Ms. Bowers explained she had spoken with some of the neighbors earlier and addressed their concerns also and at this time there were not objections. Mr. Currimbhoy made a motion to close the hearing. Seconded by Ms. Rock. The hearing closed at 6:09 p.m. Mr. Haugen made a motion to recommend approval of the request with revised staff recommendations 1-11. Seconded by Mr. Kovacic, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held June 24, 2008 in the Council Chambers at 5:30 p.m. c) VARIANCE TO ALLOW A REAR YARD SETBACK OF 10 FEET WHERE 15 FEET IS REQUIRED FOR A GARAGE ADDITION AT 506 GLEN STREET S.W. REQUESTED BY GREG AND CARLA WEGNER Chairman Otteson opened the hearing at 6:15 p.m. with the reading of publication #7689 as published in the Hutchinson Leader on June 5, 2008. Ms. Bowers displayed the drawing of the garage and how it would look. She stated the staff reviewed the request and made the following recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the orientation and placement of the home on the lot that created a small rear yard area that would not allow construction of the addition within setback requirements. The characteristics of the property were not created by the applicant and the proposed garage addition would not alter the character of the locality. 2. Maximum driveway width allowed at the right of way is 24 feet. 3. Maximum lot coverage shall not exceed 50%. Chairman Otteson asked about the small shed remaining in the same place. Mr. Lofdahl questioned the 6’ setback for accessory buildings and why is it less than an attached garage? Ms. Bowers explained. Greg Wegner, 506 Glen St., would like to move the proposed garage addition so that the door would face the backdoor. Chairman Otteson asked when the addition will be started, due to the fact Mr. Wegner’s job has changed he may wait to begin the project with a tentative start in 2009. Ms. Bowers explained within a year he will have to apply for a permit. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Flaata. The hearing closed at 6:17 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held June 24, 2008 in the Council Chambers at 5:30 p.m. Minutes Planning Commission – June 17, 2008 Page 5 d. CONDITIONAL USE PERMIT TO ALLOW A TOWING BUSINESS IN C-4 (FRINGE COMMERCIAL) DISTRICT LOCATED AT 1203 MAIN STREET N. ST REQUESTED BY GORDON EVENSON, 1 CLASS TOWING, APPLICANT AND CALVIN HANSEN Chairman Otteson opened the hearing at 6:26 p.m. with the reading of publication #7689 as published in the Hutchinson Leader on June 5, 2008. Ms. Bowers reviewed the site location and the future roundabout project along with the fact that there are not services to the site as it is. Sewer and Water services will not be available until Labor Day or later. She reminded the commissioners in reviewing the CUP, the Commission shall consider if the request meets the following standards: (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 reviewed photos of the site and commented on the following staff recommendations: 1. The property owner shall hook up to City water and sewer services within 30 days after service is available 2. No occupancy of the building is permitted until water and sewer services are into the building. st 3. The parking lot must be paved by November 1.(Planning Commission feedback requested) 4. The applicants shall provide proof of the driveway access agreement from North High Drive across the Outpost property. 5. Screening from residential districts is required to meet the requirements of Section 154.115. A fence permit must be applied for and approved before the fence is constructed. st Gordon Evenson of 1 Class Towing stated that Barb DeMars from Rental Locators has been representing the owners in their negotiations. According to Ms. DeMars, the owners will be painting both the interior and exterior of the building when weather permits. A bathroom will be installed when sewer and water become available, again it depends on timing of sewer access. Mr. Evenson plans to move fence in from another location it is a 6’ wooden fence. The tree line along the property is mature and Mr. Evenson feels that it is tall enough since the only homes are on the east side which has a dense tree line. Chairman Otteson asked if the fence is painted or stained. Mr. Evenson said right now there is a water proof coating, the fence was originally built as a Minutes Planning Commission – June 17, 2008 Page 6 temporary fixture. Mr. Lofdahl asked if the previous impound lot by the airport was required to be paved. Mr. Exner answered yes. Mr Lofdahl recommended staying with 8 ft fence. Chairman Otteson wanted to be fair across the board. To be fair to all an 8 ft fence should be used. The Commission found that an 8’ high fence is warranted for this site and recommended that he add a 2’ panel above the 6’ fence. He also proposed a 100 x 75 foot fence with the possibility of increasing the size in the future depending on business. Currently, the fence is 50 x 100 feet which makes it difficult to move vehicles around. Chairman Otteson stated to have an impound lot security is necessary. Mr Evenson will have security cameras installed. Chairman Otteson brought up paving. Mr. Evenson said he was not sure of regulations but the only places he plans to park vehicles will be in the fence. He does not plan to pave the impound lot, however paving the other areas would be up to the property owner. After discussing the paving issue at length, the Commission concluded that some paving of the site should be required, especially for the entrance, drive aisles, and to provide a paved area for some parking spaces. As a paving plan was not available, a condition was added to require staff approval of the plan. Mr. Lofdahl mentioned the staff paving recommendation. Mr. Evenson stated the owner has contacted the city, however at this time he does not know what has been discussed. Ms. Bowers reported Ms. DeMars did call the owner who is willing to pave part but the expense is high. Mr. Evenson asked whether the office parking or impound has to be paved. The existing ordinance does lend itself to interpretation per Mr. Exner. The Commission discussed access to the site and the driveway easements. Staff stated that the applicant will need to verify that the private easement is in place and provide a copy to the City. After the roundabout is constructed, a median will restrict traffic on Hwy 15 to a “right in, right out” access. Mr. Haugen asked Ms. Bowers about the extent of existing bituminous for both the subject property and the Outpost and whether the driveway is shared. Mr. Evenson said the owner of the Outpost told him part of the paved drive is shared. Mr. Lofdahl commented when the roundabout is constructed that would be the time to address pavement. Mr. Exner suggested that would be the time for the owner to work with the contractor. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 6:45 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations 1-5 changing number 3 to st read “The following areas are required to be paved by November 1: the west driveway and entrance to connect to the existing paving on the Outpost property, a customer parking area in front of the office building, and a drive-aisle into the impound lot. A paving plan and flatwork permit shall be approved by the City Engineer and Planning Director before paving begins.” Seconded by Mr. Kovacic, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held June 24, 2008 in the Council Chambers at 5:30 p.m. Minutes Planning Commission – June 17, 2008 Page 7 Chairman Otteson asked if they could recommend painting due to unsightly appearance in a very high visibility area which she would like to have noted. She feels there are a lot of requirements that the owner needs to address e. ZONING ORDINANCE AMENDMENT TO CREATE MIXED USE DISTRICT (Tabled from May meeting) Chairman Otteson opened the hearing at 6:57 p.m. with the reading of publication #7689 as published in the Hutchinson Leader on June 5, 2008. Ms. Bowers reviewed some of the items discussed last meeting, including changing the front lot building setback to 10 feet with a variance required for anything less than that. Mr. Exner asked the Commission to please keep in mind the sight lines. Ms. Bowers explained this is the next implementation step for the Highway 7 Corridor Study to create a Mixed Use Zoning District. The purpose of the mixed use district is to provide areas that allow a mix of compatible uses, such as commercial, retail, office, and entertainment uses, with residential uses in locations with nearby amenities for pedestrians. She stated the Mixed Use Ordinance includes permitted uses, conditional uses, and accessory uses along with lot and setback requirements. The district provides a number of permitted uses that would be compatible with residential uses, concentrating on smaller scale retail, personal services, offices, multi-family residential and multiple use buildings. A few conditionally permitted uses are included, where additional review is recommended. The mixed use district would provide new options for property owners and developers that are not currently allowed by current zoning districts. The benefit of a mixed use district is that it allows multifamily residential to be located close to commercial businesses, services, and workplaces, which provides opportunities for residents to walk or bike to nearby amenities. Chairman Otteson said she would like to address that on a case by case basis. Mr. Lofdahl gave the example of the Hutch Utilities building and the close set back. Chairman Otteson suggested looking at some other sites and amend comprehensive plan to include other areas. Mr. Kovacic suggested some outside finishes do not cost more but are architectural finishes – and he would like more information or examples. Chairman Otteson stated she would like a display or information on materials available to make a better decision. Mr. Flaata voiced his concern about making the restrictions too strict which could drive business to build outside the city limits. Mr. Haugen sited examples of metro communities who all have design standards but communities to the west of the metro area do not. Design standards have to be done before the applicant comes in the door. Ms. Bowers recommended design starndards in the mixed use area. Chairman Otteson would like Ms. Bowers to present information on other design standards. Ms. Bowers suggested putting it on the work plan for 2009. She explained how a community typically initiates design standards. Chairman Otteson would like to update the comprehensive plan and design Minutes Planning Commission – June 17, 2008 Page 8 standards. Mr. Exner explained there are plans to review requests for proposals to update the comprehensive plan, transportation and park plans in 2009. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 7:23 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Kovacic the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held June 24, 2008, in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS a. SITE PLAN SUBMITTED BY ROBERT WENDORFF FOR DEVELOPMENT OF PROPERTY LOCATED AT 6 FRANKLIN STREET N.W. FOR CONSTRUCTION OF A INSURANCE BUILDING AND DENTAL CLINIC Jim Haugen removed himself and is abstaining from discussion on this item. Ms. Bowers explained a “One-Stop Shop” was held on May 15, 2008, to review the site plan and provide feedback to the applicant. The applicants have addressed the issues identified by staff. She stated planning staff recommends approval, subject to the following findings and recommended conditions: 1. The proposed building and site improvements shall comply with the standards of the C3 district and the Zoning Ordinance. 2. A certified property survey is required before a building permit will be reviewed. The survey shall clearly identify dimensions and setbacks for the building, parking, and drive aisles, and identify the proposed drainage direction and grading. Review and approval of the final site plan is required by the City Engineer and Planning Director before construction 3. The location of nitrous gas storage shall be identified on the building permit and meet applicable setback requirements. If located outside, the tank shall be fully screened and secured. 4. Driveway access is limited to one access off Washington Ave. and the alley access. 5. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Forester. 6. SAC and WAC fees will be calculated per fixture unit and due at the time of building permit. 7. All signage shall meet the requirements of the C-3 district. Sign permits are required prior to installation of the signage. 8. Exterior refuse collection area must be fully screened. 9. Exterior lighting must be shielded and shall not cause glare to adjacent properties. 10. Approval of a MPDS permit and erosion control are required prior to construction on site. 11. The property owner will be responsible for replacement of the sidewalk, street, and alley and for any damage to public infrastructure resulting from construction. 12. Fire sprinkling of the basement is required. Fire Dept. staff recommends sprinkling the entire building and installing a Knox Box. Minutes Planning Commission – June 17, 2008 Page 9 The Commission asked if the existing house would be moved. The applicant stated they expect the house to be moved and have had several inquiries from interested parties. There was discussion on paving the alley. The City Engineer stated that the property owner could petition with adjacent property owners for the alley to be paved. The Commission discussed the City’s plans to pave existing gravel alleys and stormwater impacts. Staff stated that it would be desirable to pave the alleys, however the City’s priority is to repair streets first. The applicants plan is to break ground this Fall. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held June 24, 2008 in the Council Chambers at 5:30 p.m. 6.OLD BUSINESS 7.COMMUNICATION FROM STAFF Notice of two city council positions open this year. If anyone was interested they need to file by July 15. To do so just contact Gary Ploz or Melssa Starke. 8.ADJOURNMENT Mr. Lofdahl commented on how beautiful the Downtown Hutchinson and the new bridge were. There being no further business the meeting adjourned at 7:28 p.m.