Loading...
01-20-2009 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, January 20, 2009 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, Chad Czmowski, Farid Currimbhoy and Chairman Otteson. Absent: 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.OATH OF OFFICE OF NEW PLANNING COMMISSION MEMBER CHAD CZMOWSKI Atty. Sebora administered the oath to the new Planning Commission member Councilman Chad Czmowski. 4. CONSENT AGENDA a) Consideration of Minutes dated December 16, 2008 Mr. Currimbhoy moved to approve the consent agenda as submitted. Seconded by Ms. Rock, the consent agenda was approved unanimously 5.PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO ALLOW A THRIFT SHOP AT WEST CENTRAL INDUSTRIES AT 900 HWY 15 SOUTH Chairman Otteson opened the hearing at 5:35 p.m. with the reading of publication #7731 as published in the Hutchinson Leader on January 8, 2009. Ms. Bowers explained West Central Industries is requesting a conditional use permit to allow the addition of a thrift shop to their existing job training site, which is located in the I/C zoning district. The training opportunities had been mostly industrial packaging and assembly, however orders have been very slow recently due to the economic conditions. She commented on the floor plan and the minor modifications to the building. They are proposing to operate a thrift shop to provide more work opportunities for disabled adults. Hours of operation would be Monday – Friday, 8:00 a.m. – 5:00 p.m. There is paved parking in the front and a large gravel lot to the rear of the building. She commented on the parking needs and current parking. Ms. Bowers commented on the zoning history of the property. She reported their property is made up of 3 lots and staff recommended the property be platted into one lot in the future. Staff reviewed the site drainage and recommended that the rear lot not be hard surfaced at this time. The request meets the conditions of granting a conditional use permit. Staff supports the request with the following recommendations: Minutes Planning Commission – January 20, 2009 Page 2 1. The proposal would meet the standards for granting a conditional use permit, including providing a desirable service to the community and would not have an undue adverse affect upon adjacent property, neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and, would not interfere with use of neighboring property. 2. The applicant shall maintain unobstructed aisles and exits for fire and emergency purposes. 3. The applicant shall replat the three lots into one lot prior to any paving of the rear parking area. A drainage and stormwater plan is required to be reviewed prior to any future paving of the parking areas. There was discussion of future paving and stormwater ponding. Mr. Exner stated technically gravel is impervious surface and there are no known nuisance drainage problems to the neighboring property owners. Most of the drainage flows toward the building. Staff noted that the private drive along the east property line is WCI’s property, it is not a public alley. Charles Oakes, Exec Director of WCI, Willmar, stated they have owned the building since 1994. The number of clients has doubled since the beginning. He provided additional information on their programs and plans for the building, noting the thrift store would be similar to the Goodwill model. There were no comments received from the public. The Commission recommended that new signage highlight the entrance from Linden Avenue. Southbound traffic on Highway 15 has good access, however the divided highway median limits access to the property for northbound traffic. Staff stated signage would need to meet sign requirements, which would be checked with the required sign permit. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Kovacic the hearing closed at 5:54 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations 1-3. Seconded by Ms. Rock, the motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held January 27, 2008 in the Council Chambers at 5:30 p.m. b) PRELIMINARY AND FINAL PLAT OF “WAL-MART 1738 ADDITION” AND VARIANCE FOR LOT AREA, LOT WIDTH AND PARKING REDUCTION, REQUESTED BY CORNERSTONE LAND SURVEYING INC., ON BEHALF OF WAL-MART. Chairman Otteson opened the hearing at 5:55 p.m. with the reading of publication #7731 as published in the Hutchinson Leader on January 8, 2009. Ms. Bowers commented on the request for a two lot preliminary and final plat to nd replat a portion of Wal-Mart 2 Subdivision. Wal-Mart has been leasing the gas station property to Murphy USA and is preparing to sell the property to Murphy USA. She explained that in order to approve the plat, a variance is needed to allow a lot area and lot width that would not comply with the C-4 district standards. She reported that the parking variance is no longer needed as there are parking spaces along the Minutes Planning Commission – January 20, 2009 Page 3 westerly property line that were not identified on the survey due to snow cover. Staff is in the process of reviewing the draft covenants and shared access and parking agreement, which was provided by the applicant and used for other Wal-Mart and Murphy gas station. Ms. Bowers commented on the uniqueness of the property as operationally it would function the same as the current arrangement, however the proposal would create a separate lot for the gas station. Staff reviewed the feedback received from planning staff and reviewed the drafted conditions for approval of the request with the following conditions: 1. The standards for granting a variance would be met for the lot area and lot width. The finding of undue hardship and uniqueness is due to the need to keep the same amount of land in the same description as the current lease area and that shared parking would be available for the gas station customers and employees. Additionally, the properties would function the same as the current circumstance, except the new lot would be carved out of the existing Wal-Mart lot. 2. The final “Easements with Covenants and Restrictions Affecting Land” agreement shall be approved by the City Engineer and City Attorney before the final plat and agreement may be recorded. The agreement shall address the shared access and parking and shall address the southwest corner of lot 1, which overlaps the shared access point from Denver Avenue on lot 2. 3. The applicant shall record the final plat and agreement at McLeod County. The Commission discussed the shared access and parking arrangements. Ms. Bowers explained access to the property is addressed in the covenants and that shared parking agreements are becoming more common to reduce the amount of paving and to allow shared parking by adjacent businesses. The Commission discussed the hardship requirement regarding lot size and stated that the hardship requirement would not be met as the lot could be one acre and would meet requirements. The Commissioners questioned why Wal-Mart couldn’t divide out a larger lot that would meet requirements, especially with the shared parking arrangements. The Commission also discussed the parking requirements in relation to the variance request. Connie Villari, Cornerstone Land Surveying, commented on the other cases such as this each have received variances for area. She explained the history of Wal-Mart developing properties with gas stations, with Murphy gas leasing the area and then purchasing the properties. She explained Murphy only purchases the leased area. Wal-Mart wants to keep the parking according to their standards. She stated some of the gas stations have been closed. The Hutchinson station will remain open. Ms. Villari explained Wal-Mart access and shared parking agreements are very detailed. Mr. Lofdahl stated he has an issue with the hardship and does not think the hardship standard is met. Also discussed was that if there is a hardship, it would be a self- created hardship as the lot standards could be met by creating a larger lot for the gas station. Discussion followed on creating a nonconforming lot and the possibility of the gas station closing in the future. Ms. Villari commented on the agreements Wal-Mart has been using and how they take care of their lots. Ms. Bowers stated staff did discuss the hardship and Minutes Planning Commission – January 20, 2009 Page 4 determined the property can be put to use in a reasonable manner. Staff also noted the property is unique due to the use as a gas station with a 180 sq. ft. building, which requires one parking space. Ms. Villari again explained only the current leased area is in the Wal-Mart plan and Wal-Mart does have the “first right of refusal”. She stated that other areas where the Murphy stores closed, Wal-Mart re-plated the area. There was discussion on the definition of the hardship. Mr. Lofdahl suggested that Wal-Mart plat a legal lot and if necessary apply for a parking variance or revised agreement with Murphy. Ms. Villari stated they are requesting to use the property as presently used. Mr. Currimbhoy made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at 6:16 p.m. Ms. Bowers gave direction to the Commissioners to be specific to their reasons why the variance standards would or would not be met in their recommendation to the City Council. Mr. Lofdahl made a motion to deny the request as the conditions for granting a variance would not be met, including the lack of hardship, the circumstances are created by the landowner, and the property could be platted to a regular legal lot and lease parking back to Wal-Mart. Seconded by Ms. Rock. Atty. Sebora stated he does believe Wal-Mart could make the lot a legal size and it would be a self-created hardship. He stated he has reviewed the “Covenants and Restrictions” document, which is very thorough. The motion to deny the preliminary plat, final plat, and variance failed on a 2 (aye) -4 (nay) vote as follows: Mr. Lofdahl and Ms. Rock voting, aye, Mr. Czmowski, Chairman Otteson, Mr. Kovacic and Mr. Currimbhoy voting nay. Mr. Kovacic made a motion to table the request to the next planning commission meeting to allow the applicant time to reconsider revising the plan and come back with a legally conforming lot. Seconded by Mr. Currimbhoy, the motion carried unanimously. A motion was made for a short recess for staff to confer with applicant. 6.NEW BUSINESS a) DISCUSSION OF 2009 PLANNING COMMISSION WORK PLAN Ms. Bowers commented on the 2009 Work Plan draft. She explained there are also Ordinance amendments staff is working on that would only go through the City Council, such as a vacant housing ordinance and nuisance housing ordinance. The items on the work plan would be done as staff time allows. The Commission and staff reviewed the items listed on the draft work plan. As time allows staff would like to update the Comprehensive Plan. The Shoreland district ordinance is outdated and needs an overhaul. Staff asked for feedback on the soil amendment ordinance recently proposed by the City Forester. Ms. Rock suggested that the City should consider design guidelines for Hwy 15. There was also a request to move Hwy 7 study recommendations earlier on the schedule. Ms. Bowers suggested that building standards could be added to certain districts, such as the C4 district. Also to look into changing the lot size requirements and shared parking possibilities. She will bring back the 2009 Work Plan next meeting. Minutes Planning Commission – January 20, 2009 Page 5 7.OLD BUSINESS The Commission asked for an update on the Gopher Campfire variance. Staff responded that the variance was granted by the City Council and the applicant plans to building slab on grade to address accessibility to the building and can eliminate the handicapped ramp previously proposed along the front of the building. 8.COMMUNICATION FROM STAFF Staff noted that there will be election of officers in February. 9.ADJOURNMENT There being no further business the meeting adjourned at 6:58 p.m.