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07-15-2008 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 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 5:30 p.m. with the following members present: Christie Rock, Chris Kovacic, Jim Haugen, Mike Flaata, Farid Currimbhoy and Chairman Otteson. Absent: John Lofdahl 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 June 17, 2008. Mr. Flaata moved to approve the consent agenda as submitted. Seconded by Ms. Rock, the consent agenda was approved unanimously 4.PUBLIC HEARINGS a) VARIANCE TO ALLOW A FRONT YARD SETBACK OF 25 FEET WHERE 30 FEET IS REQUIRED FOR A GARAGE ADDITION AT 515 LINCOLN AVE. S.W. REQUESTED BY MARLYN BACON Chairman Otteson opened the hearing at 5:38 p.m. with the reading of publication #7700 as published in the Hutchinson Leader on July 3, 2008. Ms. Bowers commented on the request for a variance to construct an addition to an existing one-stall garage 25 feet from the front property line. She explained the ordinance requires a 30 foot front yard setback. This is a corner lot and the zoning ordinance defines the lot front for a lot that abuts two streets as the narrower of the two lot edges. Lynn Road is the lot front. She explained the location of the unique site and placement of the house on the lot. The property is also located in the Shoreland District and the maximum impervious coverage allowed for property in that district is 25%. The coverage on this lot is currently at 41% coverage. No variance is needed for the lot coverage as they will the garage addition would be constructed over existing hardcover, which would not increase the amount of impervious surface. Staff noted that no additional coverage could be constructed without a shoreland variance. Ms. Bowers reminded the Commissioners, in order to grant a variance, the request must meet the standards for granting a variance, including a finding of undue hardship. In this case, the narrow lot depth, small yard, and location of the garage create a situation where there is no location Minutes Planning Commission – July 15, 2008 Page 2 where a suitable garage addition or a detached garage could be built on the property that would meet the requirements. Staff noted that this request is similar to the variance recently approved by the City for another garage addition on Glen Street. Staff would recommend approval with the following recommendations: 1. The standards for granting a variance have been met, including a finding of undue hardship and uniqueness due to the narrow depth of the lot and placement of the garage on the lot that would not allow construction of the addition or a detached garage 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. No additional hardcover above the existing 41% is permitted without a variance. 4. Any removal or relocation (if necessary) of natural gas and electric will be at property owner’s expense. 5. No construction is allowed over any utilities, including natural gas or electric lines. Mr. Flaata asked how far from the river is designated shoreland district. Ms. Bowers stated the shoreland district is 1000 feet from a lake and 300 feet from a river or stream. This property is regulated under the shoreland rules. She explained the existing coverage is already over the 25% requirement. Mr. Kovacic asked about screening requirements. Ms. Bowers stated there are no screening required for residential uses such as this. There is an existing fence on the property along the curb. Mr. Bacon, property owner, explained he is considering putting in a rain garden to help with water quality and he was unaware of the 25% requirement. Staff noted that the shoreland district ordinance came into effect after the home was built. Chairman Otteson noted there are many properties that do not comply in this area and she appreciates the willingness of the property owner to put in a rain garden. Mr. Currimbhoy made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 5:47 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, the motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held July 22, 2008, in the Council Chambers at 5:30 p.m. 5.OLD BUSINESS a) REVISIONS TO SITE PLAN AT 904 HWY 15 SOUTH FOR HEADSTART PRESCHOOL BUILDING Mr. Haugen stepped down and is abstaining from the vote as he is the architect on this project. Minutes Planning Commission – July 15, 2008 Page 3 Ms. Bowers stated the operations and size of the proposed use would remain the same as previously approved. Staff noted that the changes to the site plan, including rotating the building and revising the parking arrangement, resulted in several improvements, however there are two areas of concern. The 3 new spaces proposed to be constructed in the right of way for Lynn Road are not permitted and do not meet the 10’ parking setback required. The existing parking is non-conforming and was built in the public right of way. Staff noted that the paved area north of the building and the 3 new spaces shown in the northwest corner of the site need additional consideration due to the lack of traffic control in this area. The spaces should either be eliminated in favor of adding spaces to the existing line of parking or the area north of the building should be fenced or delineated with bollards to stop traffic from driving into this area. The applicant was not in attendance at the meeting, however Jim Haugen noted that the final plans for the north side of the building have not been finalized, however the applicant was considering using the area north of the building to provide an area for kids to ride bikes on the pavement. If the area is used for a play area, it would likely be fenced. The parking requirements must be met. The new plan improves traffic flow and safety of the children. The property owner must meet the findings and conditions of the conditional use permit granted by the City Council on May 27, 2008, in Resolution #13405 as follows: 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 drive aisles, and identify the proposed traffic circulation on site. Review and approval of the site plan is required by the City Engineer and Planning Director before construction. 2. Parking spaces shall be striped and meet the requirements of Section 154.116. 3. Due to the adjacent residential properties and visibility of site from Hwy 15 S., the building shall be constructed with a façade treatment on four sides, such as a partial brick façade, striping or architectural panels, to break up the flat metal exterior, provide more visual interest, and prolong the exterior appearance of the building. The proposed materials shall be identified on the building permit prior to construction. 4. Downspouts from the building shall be directed into drain tile to the catch basin at the northeast corner of the site. 5. Plantings of additional trees or shrubbery along the west property line and northeast corner of the site may be provided as screening rather than fencing. The landscaping plan shall be approved by the City Forester before planting. Screening shall meet the requirements of section 154.115. Ms. Bowers stated staff is also recommending an additional two conditions to the amended resolution as follows: 1) approving the amended site plan subject to meeting Zoning Ordinance requirements, Minutes Planning Commission – July 15, 2008 Page 4 and that 2) the proposed 3 new parking spaces in the public right of way are not approved and shall be not be constructed without specific City approval. Mr. Flaata questioned the need for façade treatment on all 4 sides. Ms. Bowers explained that the Commission expressed concern about the impact of the appearance on the surrounding area. She stated that the applicant recently brought in an architectural panel he would like to use on the building. Chairman Otteson stated we don’t have design standards right now and it might be something we want to think about adding. Mr. Flaata questioned if there are too many requirements and if everyone treated the same. The Commission discussed screening requirements. Atty. Sebora noted the fence on the west side and trees on the north. Ms. Bowers stated the screening is a requirement even with the improved building façade as the ordinance requires screening of all commercial uses from residential uses. Ms. Rock suggested, for the future we should talk about design standards and guidelines to make things more fairly. Ms. Bowers stated design standards make it easier to regulate fairly. Discussion followed on the need for design standards. Ms. Bowers stated that the Planning Commission could discuss design standards with the City Council in the future or could send a recommendation on to the City Council from the Commission. Ms. Rock noted that this should be placed on the 2009 Work Plan. Mr. Haugen stated he became involved as the architect after the last Planning Commission meeting. He explained that he suggested facing the building toward Lynn Road which would give the opportunity to introduce landscaping to soften the area. He stated fencing the north side of the building may be an issue for snow removal. He agreed a fence would be needed if it will be a hardsurfaced play area. Mr. Haugen stated the existing non-conforming parking along Lynn Road has been there for many years as well as the 60 foot wide non-conforming curb cut. Ms. Bowers explained the additional 3 parking spaces in the right of way would not be permitted. When asked about the timeline, Mr. Haugen st stated the building must be ready by September 1. Ms. Bowers comment on placing the staff parking in the existing line of parking in front of building not in the back. Discussion followed on the recommendations and the consensus is to add “a minimum of 42 spaces shall be provided” to recommendation number 4. Mr. Flaata made a motion to recommend approval of the request with staff recommendations 1-7 adding to number 4 “A minimum of 42 spaces shall be provided”. Seconded by Mr. Currimbhoy, the motion carried with Mr. Haugen abstaining. This item will be placed on the City Council consent agenda at their meeting held July 22, 2008, in the Council Chambers at 5:30 p.m. Minutes Planning Commission – July 15, 2008 Page 5 b) ORDINANCE NO. 08-0506 – AN ORDINANCE ADDING SECTION 154.072 TO THE HUTCHINSON CITY CODE TO ESTABLISH (Referred from REGULATIONS FOR A MIXED USE ZONING DISTRICT City Council 7/8/08) th Ms. Bowers reported, at the July 8 City Council meeting, the Council moved to refer Ordinance 08-0507 back to the Planning Commission’s th July 15 meeting to discuss the addition of a Mixed Use zoning district to the City Code. At the meeting, the Mayor commented on his concerns regarding the 10 foot front lot line setback in the mixed use district. The issue of aesthetics along the Hwy 7 Corridor was also a concern brought up by Mayor Cook. The Council discussed the ability to develop the properties if the setbacks were too large. Some of the Council members expressed favor of the development drawings in the Hwy 7 Study which brings the buildings closer to the front line setbacks. Ms. Bowers reminded the Commission of the earlier discussions and recommendations by the Planning Commission. She stated the first reading was approved by the City Council. There was additional discussion on the front yard setback of the building at 10 feet allowing buildings to be placed toward the front with parking in the back. Mayor Cook explained he has no problem with creating a mixed use ordinance. He understands the Hwy 7 plan to allow the buildings closer. He has concerns if that creates a corridor that is too narrow especially at Highways 7 and 15 intersection. He explained the City may want it opened up more. Mayor Cook commented on his visits to other communities to view their developments. He stated they provide more green space and more opportunity for landscaping. He suggested maybe a 20’ setback as a compromise. He reminded the Planning Commission to consider the Hwy 7 and 15 corner and landscaping. A 20 foot setback would still allow for the buildings being placed up front. Ms. Bowers commented that the smaller setback allows for parking behind buildings. Ms. Rock noted we may have many variances with a larger setback requirement and that this is a new concept for Hutchinson. Discussion followed on the setback of the Southwest Initiative building and the large easement. Ms. Bowers commented on flexibility in site design with the smaller setback. Developers may not choose to go closer. Ms. Rock explained buildings closer to the highway allow better plantings to screen from the abutting residential buildings. Ms. Rock stated we have made progress so far. Chairman Otteson commented on the expensive real estate on the Hwy 7 and 15 corner. She stated we should provide the opportunity for develop with minimum setback to maximize the development possibilities. Ms. Bowers explained using the PDD district is overused instead of using appropriate zoning districts and requirements. Mayor Cook stated a PDD could provide an option for developers. Chairman Otteson stated a lot of time, money and energy has been spent on this concept and she would like to see the ordinance remain as the Planning Commission originally approved. Minutes Planning Commission – July 15, 2008 Page 6 Ms. Rock made a motion to recommend keeping the ordinance as originally approved. Seconded by Mr. Flaata. Discussion followed on the need to remain as originally approved because of the effort made. The motion carried unanimously. This item will be placed on the City Council agenda at their meeting held July 22, 2008, in the Council Chambers at 5:30 p.m. 6.NEW BUSINESS a) DISCUSSION OF FUTURE MINOR COMPREHENSIVE PLAN AMENDMENTS TO ADD A “MIXED USE” LAND USE CATEGORY AND TO CORRECT EXISTING LAND USE DESIGNATIONS ALONG HWY 7 Ms. Bowers commented on the need for Planning Commission feedback on areas to be identified for Mixed Use and on the scope of land use changes desired in the near future. She explained additional actions and public hearings will be required as the recommendations move forward. She described the connection between comprehensive plan, land use and zoning and commented on potential land use amendments and future mixed use areas identified in the Highway 7 Corridor Study. She explained the difference between zoning and the land use guiding and noted that the land use guide plan is the basis for all the zoning districts. She stated the Planning Commission must make zoning decisions based on the Comprehensive Plan. The most discretion for City’s is at the Comp Plan stage, rather than at a rezoning stage. Ms. Bowers commented on several areas that required updates to the land use categories, such as the new stormwater ponds and several areas that should be shown as public land or parkland. She explained that the Commissioners can think about the areas for mixed use for future discussion before taking any action. Discussion was held on the need to focus the mixed use land use category to the intersection of Hwy 7 and 15 to encourage development in this area. Ms. Bowers stated any comp plan amendments require a public hearing and notice to property owners. Chairman Otteson suggested they move forward on the two pieces of property on the Northwest and Northeast corner of the Hwy 7 and 15 corridor. Discussion followed on the Cenex property future development. The Commission concurred that the focus should be on the Hwy 7 and 15 intersection. Ms. Bowers commented on the need, in the future, to correct the former Farr development on Hwy 15 South from Public to either commercial or potentially to mixed use residential. 7.COMMUNICATION FROM STAFF The State Planning Conference will be held Sept. 22, 23, and 24 in Duluth. Budget funds will only allow one commissioner to attend this year. Staff noted that as Commissioner Kovacic is a new Commissioner Minutes Planning Commission – July 15, 2008 Page 7 and has not attended a conference, it would be worthwhile for him to consider attending. 8.ADJOURNMENT There being no further business the meeting adjourned at 6:59 p.m.