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