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03-17-2009 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 17, 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, Mike Flaata, Farid Currimbhoy and Chairman Otteson. Absent: None 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 Chairman Otteson called for nominations for Chair. Ms. Rock nominated Mr. Lofdahl for Chair. Nominations ceased and a unanimous motion carried for John Lofdahl as Chair. Chair Otteson called for nominations for Vice Chair. Mr. Currimbhoy nominated Mr. Kovacic for Vice Chair. Nominations ceased and a unanimous motion carried for Chris Kovacic as Vice Chair. 4. CONSENT AGENDA a) Consideration of Minutes dated February 17, 2009. Mr. Flaata moved to approve the consent agenda as submitted. Seconded by Mr. Lofdahl. The consent agenda was approved unanimously. 5.PUBLIC HEARINGS a) CONDITIONAL USE PERMIT AMENDMENT TO REVISE THE APPROVED PARKING AREA FOR THE CAR DETAILING BUSINESS AT 205 MONROE STREET S.E. IN THE I/C DISTRICT Chairman Otteson opened the hearing at 5:37 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers commented on the conditional use permit granted for the car detailing business on June 24, 2008, on the vacant lot in the I/C District. She explained the location of the lot which is south of UBC, west of a trucking company and adjacent to residential property. The building and driveway were constructed in the Fall 2008. The plan approved 4 parking spaces on the east side of the building. This request is an amendment to the previous conditional use permit and is for three spaces along the west side of the building and one space on the north side of the building. Changes to conditional uses require the plan to be amended. The proposed setbacks are less than recommended in the I/C district. Lesser setbacks can be reviewed and approved with the CUP amendment. Ms. Bowers reported the request meets the conditional use permit standards. Staff recommends approval of the amendment to the CUP for the revised parking with the following conditions, which includes the conditions previously adopted: 1. Screening with fencing or plantings of trees or shrubbery along the south and west property lines is required on the subject property to screen from residential property. Minutes Planning Commission – March 17, 2009 Page 2 Screening shall be provided on private property and not on the public right of way. Screening shall meet the requirements of section 154.115. The landscaping plan shall be approved by the City Forester. 2. The driveway and parking area must be paved with bituminous or concrete. 3. The applicant shall provide a minimum of four off street parking spaces to accommodate additional vehicles on site, as shown on the attached “Revised Parking Plan”. All parking and car detailing must be conducted on the subject property and no servicing of vehicles or on-street parking is allowed due to the impact to adjacent residential properties. 4. One access onto Second Avenue is permitted, with a maximum driveway width of 24 feet. No access from the alley will be allowed. Discussion followed on the surface of the parking area. Staff stated the parking area would be paved. There was also discussion of the vehicles parking on the street. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Kovacic, the hearing closed at 5:43 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations 1-4. Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held March 24, 2009, in the Council Chambers at 5:30 p.m. b) VARIANCE TO ALLOW FRONT SETBACK LESS THAN 5 FEET FOR A FENCE, SIGN AND TH DECORATIVE PIERS ON HUTCHINSON UTILITIES PROPERTY AT 44 – 4 AVE. N.E. Chairman Otteson opened the hearing at 5:45 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers commented on the request by Hutchinson Utilities for a variance to allow a decorative fence with signs to be placed 1 – foot from the property line. The setback requirement for signs and fences along a street right of way is 5 feet from the property line. She noted the proposed design was developed by Landform consultants for HUC. The applicant stated the hardship is the location of the electrical utilities control box for the MNDOT traffic lights and a manhole to access the traffic light control box conductor. There is also an electrical pedestal for the marquee sign. Ms. Bowers stated this is a narrow lot with limited space. The request is part of a broader landscaping plan. The setbacks will vary from 1 to 5 feet. Staff recommends approval of the variance to allow the fence, sign and piers, with the following findings and recommendations: 1. The standards for granting a variance have been met, including a finding of undue hardship due to extremely narrow lot, placement of the building along the right of way, the location of the electrical utilities, an electrical control box, and manhole for the MNDOT traffic lights. 2. The property is unique as it is extremely narrow and has a very limited area to construct any type of fence that would meet the 5’ setback requirements and that would not interfere with utilities on the lot. 3. The variance would not alter the essential character of the locality. The building has an orientation that is set close to the street. The decorative fence and signage would improve the appearance of the site and highlight a historic local landmark. 4. The variance is approved with the setback shown on plans dated February 17, 2009, with setbacks ranging from a minimum of 1’ to 5.5’ from the property line. Minutes Planning Commission – March 17, 2009 Page 3 Discussion followed on the Hwy 7 right-of-way expansion and the loss of property due to expanded right of way. The Commission also discussed that the request would meet the standards for allowing a variance, including a finding of undue hardship. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 5:51 p.m. Mr. Currimbhoy made a motion to recommend approval of the request noting the hardship of extremely narrow lot, placement of the building along the right of way, the location of the electrical utilities, an electrical control box, and manhole for the MNDOT traffic lights and staff recommendations 1-4. Seconded by Mr. Faata, with the hardship in Number 1, the motion carried unanimously. Ms. Bowers stated this item will be placed on the City Council consent agenda at their meeting held March 24, 2009 in the Council Chambers at 5:30 p.m. c) CONDITIONAL USE PERMIT, SITE PLAN AND SETBACK VARIANCE FOR AN ADDITION TO FAITH LUTHERAN CHURCH AT 335 MAIN STREET SOUTH IN THE R-2 (MEDIUM DENSITY RESIDENTIAL) DISTRICT Chairman Otteson opened the hearing at 5:52 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers commented on the Faith Lutheran Church expansion. Church uses are conditional uses in the R-2 district and an expansion requires a conditional use permit. The addition will be located 4 feet from the property line where 25 feet is required. The proposal includes removing the existing education wing on the north side of the building and constructing a new two story above grade addition with a partial basement. She stated one of the key areas to review for the expansion is parking. The parking requirement for churches is determined by the amount of seating in the sanctuary. She commented on the parking issues during construction. After construction is complete and the new addition is open, the Hope Center building would be removed and green space established until the phase II portion of the project in the future. In reviewing the request, staff finds that the request meets the standards for granting a variance, including a finding of undue hardship and uniqueness due to existing non-conforming setback as the structure was constructed prior to modern zoning standards and the limited area in which to construct the addition. Additionally, the request would not alter the character of the locality as the addition would be similar to the placement of buildings in the area, many of which were constructed with zero setback. Ms. Bowers reported the conditional use standards have been met. She explained the parking requirement. In this case, the request is for classrooms, offices and meeting rooms. Parking is calculated by the seating in the sanctuary. Ms. Bowers commented on the changes to the number of accesses after the staff meeting and one stop shop to remove 2 access drives. Some parking stalls would be lost, but the site would still meet requirements. She also stated some changes in final construction plans would be needed due to the geothermal well fields and their proximity to utility lines. Staff recommends approval of the conditional use permit, site plan, and variance, with the following findings and conditions. 1. The proposal would meet the standards in the Zoning Ordinance, with the exception of the building setback for which a variance is requested. 2. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the existing non-conforming setback as the structure was constructed prior to modern zoning standards and the limited area in which to construct the addition. The request would not alter the character of the locality as the Minutes Planning Commission – March 17, 2009 Page 4 addition would match the building line on the east. The variance is to allow a 4’ building setback for the west side of the building, where 25’ feet is required. 3. Final utility, grading, and stormwater management plans must be approval by the City Engineer prior to construction. 4. The final parking lot plan must be submitted identifying dimensions and traffic flow arrows prior to striping for approval of the City Engineer and Planning Director. 5. A temporary parking plan shall be developed and implemented to deal with the loss of parking throughout the construction period. rd 6. Construction traffic shall not use the 3 Avenue driveway and shall be directed to the th Hassan Street or 4 Avenue routes. 7. Exterior lighting must be shielded and shall not cause glare to adjacent properties. A lighting plan with fixtures details shall be submitted to the Planning Director for approval prior to installation. 8. Approval of the City Forester is required before any boulevard trees may be removed. The final landscaping plan shall be approved by the City Forester. Mr. Flaata abstained from voting as a church member. There was discussion on the one stop shop meeting via telephone conference call with the architect and the contractor. Also discussed was the removal of the Main Street access. Randy Redman, representing Faith Lutheran Church, commented on the project and explained the parking plan throughout the construction period. The church will be holding outdoor services at Library Square whenever possible throughout the summer. Mr. Redman stated the parking lot should be completed by September. To accommodate off-site parking, they will have two vans available to shuttle people from the public parking lots by Mid Country Bank and at the corner of Hassan Street and First Avenue. There will also be on street parking on Hassan Street and Third and Fourth Avenue. The building construction completion date is Easter, 2010. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:05 p.m. Chairman Otteson reminded the Commissioners to clearly state the hardship when approving the variance. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations 1-8. noting finding of undue hardship and uniqueness due to the existing non-conforming setback as the structure was constructed prior to modern zoning standards and the limited area in which to construct the addition. The request would not alter the character of the locality as the addition would match the building line on the east. 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 March 24, 2009 in the Council Chambers at 5:30 p.m. d) PRELIMINARY PLAT OF ENERGY PARK NORTH AND A REZONING FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO I-1 (LIGHT INDUSTRIAL PARK), SUBMITTED BY THE HUTCHINSON EDA AND HACKBARTH’S Chairman Otteson opened the hearing at 6:07 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers stated the Hutchinson EDA and the Hackbarths are requesting a rezoning and 8 lot preliminary plat for development of an industrial park. The annexation was approved by the City th Council on March 10 and is scheduled to be approved for annexation by Municipal Boundary th Adjustments on March 19. She commented on the preliminary plat which consists of eight lots on a new public road with utilities extended from Industrial Blvd. The plat is very similar to the sketch plan, with minor revisions. The new road, Energy Park Drive, is planned to be connected th to 5 Ave. S.E., between Warrior Manufacturing and the lot owned by McLeod County. As the Minutes Planning Commission – March 17, 2009 Page 5 southerly portion of the Energy Park Drive is outside the plat, the right of way would also need to be platted separately after annexation of the County property is completed. Ms. Bowers explained a rezoning from R-1 to I-1 is required to plat and develop the property for an industrial park. In considering a rezoning request, the Planning Commission should review the proposed rezoning for consistency with the Comprehensive Plan and the purpose of the Zoning Ordinance. Staff recommends approval of the rezoning to I-1 and preliminary plat with the following findings and conditions. 1. Approval of the rezoning and preliminary plat is contingent upon approval of the annexation by the State of MN Office of Municipal Boundary Adjustments. 2. The rezoning to I-1 (Light Industrial Park) would be consistent with the Comprehensive Plan and the intent of the I-1 zoning district in the Zoning Ordinance. 3. A turnaround for emergency access shall be constructed at the end of Energy Park th Drive. The turnaround shall be maintained until the road is connected to 5 Avenue SE. 4. Outlot A shall be replatted into adjacent property and shall not remain as a separate parcel. 5. The final plat shall identify the street name as Energy Park Drive W. The extension of the road to the east will be named Energy Park Drive E. th 6. The street right of way for the extension of Energy Park Drive W. to 5 Avenue shall be platted after annexation of the County property west of Warrior Manufacturing. 7. No access will be allowed from the residential properties to the northwest to the subject property. 8. No road crossing shall be constructed over the Luce Line trail on the north side of the property. 9. Soil borings shall be completed as the project moves forward to determine roadway section. 10. Final utility, grading, and stormwater management plans are subject to approval of the City Engineer. 11. Significant buffering is required on the Northwest corner of the development abutting residential properties. 12. Revisions to the plat noted by McLeod County are required, including: a) the final plat shall be on one page or match line drawn if plat is on two pages. b) The East Half of the Northwest Quarter is now known as Lot 7, AP W ½ Sec 5-116-29 shall be noted as such in the underlying description.c) the owners names and signatures on the plat shall be as required by McLeod County. Chairman Otteson asked if the street names are acceptable with emergency staff. Discussion followed on the on the reason for adding West and East on Energy Park Drive. Discussion followed on the gas line and buffering on the North. John Rodeberg, SEH, stated there could be a tree or fence screen, however a berm may not be placed over the gas line. Ms. Bowers stated the screening will be discussed again at the site plan review. Mr. Rodeberg commented on the limitations to access the property. Discussion followed on the permitting for ponding in the area. Ms. Rock commented on her concerns with the large lots. Mr. Seppelt, EDA, stated they will try to get the most building on each lot or split the lots in the future. Mr. Rodeberg state the lots will not be pad ready. There will only be minimal grading on the sites. Ms. Bowers explained staff agrees with the lot splits, if needed, as an option. Minutes Planning Commission – March 17, 2009 Page 6 Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Lofdal, the hearing closed at 6:20 p.m. Ms. Rock made a motion to recommend approval of the preliminary plat and rezoning with staff recommendations 1-12. Seconded by Mr. Currimbhoy, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held March 24, 2009, in the Council Chambers at 5:30 p.m. e) REZONING OF 900 HWY 7 W FROM C-4 (FRINGE COMMERCIAL) TO I-1 (LIGHT INDUSTRIAL) FOR INDUSTRIAL USE REQUESTED BY TOM DAGGETT, PROPERTY OWNER Chairman Otteson opened the hearing at 6:21 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers explained Daggett Ventures is requesting a rezoning of a 3.8 acre lot located at 900 Hwy 7 West from C4 (Fringe Commercial) to I-1 (Light Industrial Park). The property is a vacant lot between Hutchinson Manufacturing and the Victorian Inn. The rezoning is requested for an expansion of Hutchinson Manufacturing because the current C-4 zoning does not allow industrial uses. The adjacent Hutchinson Manufacturing site was recently rezoned from I/C to I-1 and was also replatted to combine the lots. Ms. Bowers reported during the Highway 7 Corridor Study, there was much discussion over the City’s vision for the industrial property between Highway 7 and the river, west of the Highway 7 & 15 intersection. The study recommended the City consider the long term land use and zoning policy for this sensitive area along the river and highway. She commented on the following quote from the study: “Determine whether the existing industrial uses will remain in the foreseeable future. If this is the case, the areas should remain industrial over the long term. Otherwise, the future of the area is more likely to become more commercial and the future land use plan should be revised accordingly if future changes are anticipated.” During the study, feedback from the City Council was that this industrial area is important for the economy of the City and expansions of existing business would be supported. Ms. Bowers explained as the industrial businesses in this area are generally strong and the existing Comprehensive Plan identifies this property as “industrial”, the rezoning to I-1 would be consistent with the city’s long term plans. A conditional use permit, variance and site plan review for the site will be the next step in the process. Discussion followed on the need to screen along the westerly property line and the southerly line of the parcel. Staff recommendations approval of the rezoning with the following conditions: 1. The rezoning would be consistent with the Comprehensive Plan and the intent of the I-1 zoning district in the Zoning Ordinance. 2. The property is proposed to be developed as an industrial use. Rezoning would allow the proposed use to be developed as an industrial use. 3. A site plan review by the Planning Commission and City Council is required. A conditional use permit is also required for outdoor storage. 4. Landscaping and screening will be required between the hotel and the subject property and along the southerly line of parcel when the lot is developed. Tom Daggett, Daggett Ventures, stated Hutchinson Manufacturing is involved in this project. Ms. Bowers explained that an expansion of an existing business would be exempt from the new design standards and river overlay district requirements. Mr. Daggett explained occupancy of the building will be Hutchinson Manufacturing along with a partner. The Commissioners stated Minutes Planning Commission – March 17, 2009 Page 7 they appreciate Mr. Daggett’s efforts and cooperation with the delay in the landscaping of the southerly portion of his property. Discussion followed on the added design standards and st appearance of the building. Mr. Daggett stated he is looking at a May 1 start. Mr. Currimbhoy made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 6:33 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations 1-4. Seconded by Mr. Flaata, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held March 24, 2009 in the Council Chambers at 5:30 p.m. f) AMENDMENT TO SECTION 154.071 OF THE CITY CODE ADDING PERMITTED USES TO THE GATEWAY DISTRICT. Chairman Otteson opened the hearing at 6:34 p.m. with the reading of publication #7740 as published in the Hutchinson Leader on March 5, 2009. Ms. Bowers stated the proposed amendment would add permitted uses to the Gateway District, as the ordinance specifies that “there are no permitted uses within the GT district”. Currently there are only conditional uses. The Highway 7 Study recommended this change as an implementation step to fix some of the problems inherent in the Zoning Ordinance. This revision is included in the 2009 Planning Commission Work Plan objectives. Ms. Bowers explained the main change to the ordinance is to add permitted uses. Several of the existing conditional uses were moved to permitted, including retail uses, hotels/motels, and restaurants. Several uses were combined into broader categories, such as “entertainment facilities” or “personal and business services”. Revisions were also made to remove outdated and unusual uses (such as dairy product stores). Automobile sales, currently a conditional use, is recommended to be deleted, as it does not appear to be consistent with the purpose of the Gateway District. Automobile sales is also permitted in several other zoning districts. The ordinance revisions were targeted to the permitted and conditional uses only. The remaining standards in the district were not revised. The Commission discussed the amendment and it’s relation to the Highway 7 study and future development of the Highway 7 and 22 intersection and surrounding area. There was discussion on a couple of revisions from staff’s proposal. The revisions were related to boat and vehicle sales, outdoor sales areas, and entertainment facilities. The Commission provided feedback that there should be no outdoor sales or display in the Gateway district and that all sales should be in showroom building, not an outdoor lot. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:48 p.m. Mr. Currimbhoy made a motion to amend the ordinance based on the discussed changes regarding boat and vehicle sales, outdoor sales area, and entertainment facilities. Seconded by Mr. Flaata, the motion carried unanimously. This item will be placed on the City Council agenda at their meeting held March 24, 2009, in the Council Chambers at 5:30 p.m. 6.NEW BUSINESS a) ANNEXATION BY ORDINANCE OF 5.97 ACRES REQUESTED BY MCLEOD COUNTY LOCATED WEST OF WARRIOR MANUFACTURING, EAST OF MCLEOD COUNTY PROPERTY AND SOUTH OF THE HACKBARTH PROPERTY. Ms. Bowers explained that a petition for annexation has been received from McLeod County for a 5.97-acre parcel located east of the McLeod County Solid Waste site. She stated McLeod Minutes Planning Commission – March 17, 2009 Page 8 County has plans to use the site for expansion of the solid waste facility in the future. The annexation is also important for the development of the industrial park as the new north/south road, Energy Park Drive W., is planned to be constructed along the east property line of the site th from 5 Avenue S.E. After annexation, the property will need to be rezoned for development by McLeod County. Planning Commission feedback is important on annexations. Discussion followed on the electric service to the property. Mr. Currimbhoy made a motion to move forward with the annexation. Seconded by Mr. Czmowski, the motion carried unanimously. 7.OLD BUSINESS a) 2009 PLANNING COMMISSION WORK PLAN Ms. Bowers commented on the work plan. She reported the tower ordinance may not be ready for review in April and explained SEH is preparing a study on the existing antennas, locations and leases along with recommended updates to the ordinance. The minimum building design standards for zoning districts were added to completed as time allows. Ms. Bowers stated the park land fees should be reviewed before large developments occur, however the revisions may not be ready by May or June, as indicated on the work plan. Discussion followed on updating the Comprehensive Plan regarding time, costs and how often it must be done. 8.COMMUNICATION FROM STAFF a) The City is collecting applications to fill Mr. Flaata’s position on the Planning Commission. th b) On Thursday, March 26, a town hall meeting on the 2010 Census meeting will be held in City Council Chambers. 9.ADJOURNMENT There being no further business the meeting adjourned at 7:10 p.m.