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02-17-2009 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, February 17, 2009 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman John Lofdahl at 5:30 p.m. with the following members present: Christie Rock, Chad Czmowski, Mike Flaata and Vice Chairman John Lofdahl. Absent: Chairman Lynn Otteson, Chris Kovacic, Farid Currimbhoy Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3.ELECTION OF OFFICERS The election of officers was tabled to the March meeting. 4.CONSENT AGENDA a) Consideration of Minutes dated January 20, 2009 Mr. Czmowski 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 KIDZ JUNCTION A CHILD CARE CENTER AT TH CONGREGATIONAL UCC CHURCH LOCATED AT 31 – 4 AVE. S.W. Vice Chairman Lofdahl opened the hearing at 5:33 p.m. with the reading of publication #7734 as published in the Hutchinson Leader on February 5, 2009. Ms. Bowers commented on the request for a conditional use permit to allow a child care center th in the Congregational Church at 31- 4 Avenue S.W. She explained the childcare center recently began operation, without the required CUP, after moving from Park Elementary. Kidz Junction, Inc. is the new name for the child care center, which previously operated under the Beans Plus name. The City became aware of the new location and name change by a letter from the MN Dept. of Human Services dated January 7, 2009, which was sent to the City to provide notice of a new license and to request zoning compliance information. In the R-2 district, a conditional use permit is required to allow a child care center. After the applicants were informed, they quickly applied for the required conditional use permit. She reported the child care center serves school age children in the education building. Churches, day care facilities and schools are conditionally permitted in the R-2 District. The center is a school program which focuses on children in grades K – 5. The program is for children before and after school, during the summer, and other non-school days. The center would be open from 6:00 a.m. to 6:30 p.m. They will be utilizing up to 6 classrooms in the education building and are licensed for 67 children. Parents will drop off and pick up children at the front entrance of the education building th on 4 Avenue. Staff will park in the rear parking lot between the church and the bank. Two spaces will be utilized September thru June and approximately 10 spaces through the summer months. Staff recommended the applicant provide a parking plan for special family events at the center. Staff also noted that they are not aware of any issues or complaints raised during their operation since August. Minutes Planning Commission – February 17, 2009 Page 2 Staff has determined the request does meet the conditional use permit standards and would recommend approval with the following conditions: 1. The proposal would meet the standards for granting a conditional use permit, including providing a 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 should develop a plan for parking during special family events held by Kidz Junction and provide a copy to the City. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Czmowski. The hearing closed at 5:37 p.m. Mr. Czmowski made a motion to recommend approval of the request with staff recommendations. 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 February 24, 2009, in the Council Chambers at 5:30 p.m. 6.NEW BUSINESS a) ANNEXATION AND SKETCH PLAN FOR THE 68-ACRE HACKBARTH PROPERTY, LOCATED NORTH OF WARRIOR MANUFACTURING AND SOUTH OF LUCE LINE TRAIL, SUBMITTED BY THE HACKBARTH’S AND HUTCHINSON EDA Ms. Bowers explained the request noting the Hutchinson EDA has a contract for deed on the 68-acre Hackbarth property for the development of an industrial park. A petition for annexation has been submitted by the Hackbarth’s and the required 30 day notice period to the township, County, and adjacent property owners has been initiated. The EDA has hired SEH to prepare a sketch plan and feasibility study for development of the site. The public hearing for the annexation is scheduled for the February 24, 2009, City Council meeting. A second reading by the Council and approval by the State Municipal Boundary Adjustments Board is also required. Ms. Bowers explained the location of property and reviewed the area to be annexed. She stated that the land use designation and Staging Plan in the 2002 Comprehensive Plan adopted by the City establishes the long term plan and timing for the development. The proposal would meet the development staging and land use identified in the Comprehensive Plan. She explained the zoning would become R-1 (Single Family Residential) upon annexation into the City. A rezoning to I-1 (Light Industrial) would be required for development of the planned industrial park and would be consistent with the City’s long term plans. Ms. Bowers commented on the sketch plan and the lot arrangement. She stated Mr. John Rodeberg, consulting engineer with SEH, is present for questions. Staff is looking for general feed back on the sketch plan for the Council and applicant. There was discussion of the best use for the small lot bisected by the gas pipeline. There is a small acreage north of Warrior. The pond locations are conceptual and will be confirmed at the preliminary plat stage. Staff noted the following preliminary comments related to roadways: a) Development plans shall identify emergency access and a turnaround to be constructed at the end of the east/west road. The turnaround shall be maintained until future extension of th the roadway is connected to 5 Avenue SE. b) The street names will be determined by the Zoning Administrator, in consultation with the City Engineer, Police Chief, and Postmaster, as required by City Code. There has been discussion about naming the streets after the property owner, however this would not conform with street naming convention and existing street names. Minutes Planning Commission – February 17, 2009 Page 3 c) No access will be allowed from the residential properties to the northwest. Screening will also be required. Discussion followed on the possibility of extending a berm farther to the west on the northerly edge of the property. d) No road crossing shall be constructed over the Luce Line trail on the north side of the property. e) Soil borings must be completed as the project moves forward to determine roadway section Ms. Bowers stated there are a number of easements across the property which will be finalized at plat time. There will be a feasibility study regarding stormwater management and a regional pond concept. Water and sewer are available to the property from Industrial Boulevard. There are a number of utilities running along an easement on the west property line. Miles Seppelt, EDA Director, stated the City owns the house to the south of Warrior. He explained the house to the west of Warrior is owned by the County. He explained the street names will be decided in the future. Ms. Rock asked why the lots were so large and what the planned square footage of the buildings would be. Mr. Seppelt stated the EDA does not have planned building sizes and that most of the interest expressed is for larger lots. The lots could be subdivided in the future if smaller lots are desired. Mr. Rodeberg added that the easement along the east lot boundary would contain the trunk sanitary sewer and water lines that would extend services closer toward the Highway 7 and 22 future development area. Staff supports the proposal and recommend it move through the development review process. Ms. Rock made a motion to move through the annexation and development review process. Seconded by Mr. Flaata, the motion carried unanimously. b) DISCUSSION OF ADDING PERMITTED USES TO THE GATEWAY DISTRICT This item was tabled to the March agenda. 7.OLD BUSINESS a) PRELIMINARY AND FINAL PLAT OF “WAL-MART 1738 ADDITION” AND VARIANCE FOR LOT AREA, LOT WIDTH AND PARKING REDUCTION, REQUESTED BY CORNERSTONE th LAND SURVEYING INC., ON BEHALF OF WAL-MART. (Tabled from the January 20 Planning Commission meeting) Ms. Bowers explained theproposal was tabled at the last meeting due to concerns on the lot size and feedback from the Commission that the variance standards were not met. The Commission tabled action to allow the applicant an opportunity to revise the request. After considering their options, the applicant decided to pursue the variance, without revision. Ms. Bowers prepared findings in order to approve a variance, the City Council must find the request meets allthe standards for granting a variance. In order to deny a variance, the City Council must find that the request does not meet at least one of the conditions for granting a variance. She commented on each condition and the fact the undue hardship has not been met. Minutes Planning Commission – February 17, 2009 Page 4 The applicant addressed the Planning Commission and stated that Wal-Mart considered the feedback from the Commission, however respectfully requests reconsideration of their subdivision and variance request as originally proposed. The applicant provided background on similar proposals in other cities, Wal-Mart’s concern over losing any parking, and how gas station closures have been handled. There was discussion on the following variance standards. A. A finding of “undue hardship” must be found, finding the property cannot be put to a reasonable use if used under conditions allowed by the official controls. B. If a finding of “undue hardship” is found, the plight of the landowner must be due to circumstances unique to the property and not created by the landowner. C. The variance, if granted, will not alter the essential character of the locality. Discussion followed on the possibility of changing the ordinance to allow smaller lots. Ms. Bowers stated that the applicant could apply to change the zoning ordinance text, however, the present request is for a variance and action on the variance and plat must be taken by the City. Mr. Flaata made a motion to deny the variance with findings A, B and C. Discussion followed on the findings and that finding C may have been met. There was also further discussion regarding allowing smaller lots and on parking requirements. Mr. Flaata withdrew his motion and changed his previous motion to deny the variance with findings A and B. Seconded by Ms. Rock, the motion carried unanimously. Ms. Bowers stated this item will be placed on the regular City Council agenda. b) 2009 PLANNING COMMISSION WORK PLAN This item was tabled to the March meeting. 8.COMMUNICATION FROM STAFF a) Ms. Bowers stated March will be Mike Flaata’s last meeting. The City Council will appoint someone to fill his position. b) Ms. Bowers commented on the reduction of Planning/Zoning and Building staff hours. 9.ADJOURNMENT There being no further business the meeting adjourned at 6:16 p.m.