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10-21-2008 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 21, 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, Farid Currimbhoy and Chairman Otteson. Absent: Jim Haugen and Mike Flaata 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 September 16, 2008 Ms. Rock moved to approve the consent agenda as submitted. Seconded by Mr. Kovacic, the consent agenda was approved unanimously 4. PUBLIC HEARINGS a) REZONING OF 1285 HWY 7 WEST FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO C-4 (FRINGE COMMERCIAL) REQUESTED BY CITIZENS BANK Chairman Otteson opened the hearing at 5:35 p.m. with the reading of publication #7719 as published in the Hutchinson Leader on October 9, 2008. Ms. Bowers explained the zoning history of the property and noted this is a vacant lot. The property was previously zoned C-4, however was rezoned to R-2, for Cedar Crest Assisted Living in February, 2006. As the expansion did not happen, the bank is requesting a rezoning back to C-4 to allow sale of the property for commercial development. The proposed rezoning to C-4 would conform with the commercial land use designation in the Comprehensive Plan and recommendations of the Highway 7 Corridor Study. Staff recommends approval with the following findings: 1. The rezoning would be consistent with the Comprehensive Plan and the intent of the C-4 zoning district in the Zoning Ordinance, including the existing commercial land use guiding, the adjacent C-4 zoning Minutes Planning Commission - October 21, 2008 Page 2 districts, and the commercial nature of the area located along a major highway. 2. The property is proposed to be developed as a commercial use. Rezoning would allow the proposed use to be developed in conformance with the C-4 district. There was discussion regarding the property also being in the River Overlay District which has additional requirements. A site plan will be reviewed by the Planning Commission and the City Council before any building is constructed on the site. Ed Doring, 1282 Rolling Oaks Lane N.W., stated he has no problem with the property being zoned back to commercial, however he had some concerns with what will happen to the property in the meantime. Staff noted that there have been complaints about outdoor storage on the lot and the dust and mud from trucks parking on the lot. Staff worked with the Bank to post Ðno trespassingÑ signs posted to prevent unauthorized parking. Chairman Otteson reminded him there are guidelines in the ordinance that the developer must follow. Ms. Bowers commented on the uses permitted in the C-4 district and the process of site plan review. She stated the parking lot must be paved and the stormwater management goals in the river overlay district must be followed. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Lofdahl, the hearing closed at 5:42 p.m. Ms. Rock made a motion to recommend approval of the request with staff findings. Seconded by Mr. Lofdahl, the motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held October 28, 2008 in the Council Chambers at 5:30 p.m. b) AMENDMENT TO CITY CODE CHAPTER 153; SUBDIVISION CONTROL, TO AMEND SECTIONS 153.39 AND 153.50; TO UPDATE THE FINAL PLAT FILING REQUIREMENTS AND ADD AN APPLICATION FEE FOR FINAL PLATS Chairman Otteson opened the hearing at 5:43 p.m. with the reading of publication #7719 as published in the Hutchinson Leader on October 9, 2008. Ms. Bowers explained the request by staff to charge a fee for final plat review and update language in the ordinance. The CityÓs subdivision ordinance specifies that no fee shall be charged for final plats. Currently an application fee is charged only for preliminary plats. In order to cover the administrative costs of processing final plats, the City should start charging a final plat application fee. Final plat application fees are common and staff is in the process of researching the appropriate application fee. The final plat application fee would be set by the City Council when the CityÓs fee schedule is adopted in December to take effect for 2009. A couple of other minor changes are proposed to the filing requirements to update the number of mylars needed, remove references to cloth copies, and requiring a digital copy of the final plat. Minutes Planning Commission - October 21, 2008 Page 3 The Commission discussed the idea of charging fees for services rather than increasing taxes. Staff noted that application fees allow the City to recover expenses for processing applications from the property owner requesting the action, rather than spreading the costs to all residents. Mr. Lofdahl made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at 5:48 p.m. Mr. Lofdahl made a motion to recommend approval of the ordinance amendment. Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held October 28, 2008 in the Council Chambers at 5:30 p.m. c) ZONING ORDINANCE AMENDMENT TO SPECIFY FENCE HEIGHT REQUIREMENTS AND CLARIFY EXISTING SECTION 154.118 LANGUAGE Chairman Otteson opened the hearing at 5:51 p.m. with the reading of publication #7719 as published in the Hutchinson Leader on October 9, 2008. Ms. Bowers explained when the City Code was codified in 2004, part of Zoning Ordinance Section 154.118, Fences and Walls, was omitted in error. The current ordinance does not identify any fence height; however the previous ordinance contained a 6Ó height maximum for residential fences. The requirement for constructing the fence with the finished side to the outside was also omitted. Planning staff recommends adding the height requirement back in the ordinance, along with several other changes to clarify fence regulations. Requirements for non-residential fences are also proposed to allow higher fences for screening purposes, as currently referenced in ÐSection 154.115, Screening; landscaping; outdoor storage and displayÑ. The Commission discussed the sight visibility triangle and the how landscaping can also impact visibility. Staff noted that although we donÓt issue permits for landscaping, we do advise residents to consider mature plant size when planting shrubs and trees. Also discussed was the need for certification by a structural engineer for fences and walls exceeding 6 feet in height. Mr. Kovacic 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 ordinance amendment. Seconded by Mr. Lofdahl, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held October 28, 2008 in the Council Chambers at 5:30 p.m. Minutes Planning Commission - October 21, 2008 Page 4 d) AMENDMENT TO ZONING ORDINANCE SECTION 154.064, ADDING ÐOFFICES, BUSINESS AND PROFESSIONALÑ AS A PERMITTED USE IN THE C-4 ZONING DISTRICT Chairman Otteson opened the hearing at 6:01 p.m. with the reading of publication #7719 as published in the Hutchinson Leader on October 9, 2008. Ms. Bowers commented on the request to add Ðoffices, business and professionalÑ to the permitted uses in the C-4 District. She reviewed the purpose of the C-4 district in the Zoning Ordinance as providing areas for the grouping of general retail sales establishments, offices and services that offer convenient shopping facilities for city residents and surrounding area. However, offices are not listed among the permitted uses. Landform staff also noted the lack of an office use during the Highway 7 Corridor Study and recommended the addition. Recent discussions with a commercial developer also expressed concern that ÐofficesÑ were not specifically listed as permitted uses in the C-4 district. The Commissioners briefly discussed the addition with no concerns. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Kovacic the hearing closed at 6:03 p.m. Ms. Rock made a motion to recommend approval of the ordinance amendment. Seconded by Mr. Lofdahl, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held October 28, 2008 in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS There was discussion on code enforcement and on-going building projects with material stored outside for extended periods. Ms. Bowers explained that the building and planning department will investigate and document the site after complaints are received or if we are aware of problems. Staff works with the Police Dept. and City Attorney to obtain compliance if the problem is not addressed. There was further discussion on City regulations and the difficulty in getting projects completed with the increase in foreclosures and financing problems. City Attorney Sebora commented on the code enforcement process. 6. OLD BUSINESS None 7. COMMUNICATION FROM STAFF A. PRESENTATION OF INFORMATION FROM MNAPA CONFERENCE Ms. Bowers reported that Mr. Kovacic and Ms. Rock attended the conference this year. She commented on one of the sessions, ÐMaking Defensible Land Minutes Planning Commission - October 21, 2008 Page 5 Use DecisionsÑ. She noted that it is important for the Commissioners to discuss their reasons for approving or denying a request for inclusion in the public record. This discussion and findings in the resolutions are particularly important for applications that may be denied to help prevent legal issues for the City. She also commented on a session about working with corporate retailers to design buildings to fit into communities. Mr. Kovacic commented on the sessions he attended, including ÐThe Role of the Planning CommissionerÑ, a MN Mainstreet session, Shoreland management and impervious surface coverage and the information he received on legislation and education. Ms. Bowers stated we will have two public hearings on plats in November. ADJOURNMENT 8 being no further business the meeting was adjourned at 6:30 p.m. There