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06-16-2009 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 16, 2009 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman Chris Kovacic at 5:30 p.m. with the following members present: Christie Rock, Chad Czmowski, Jim Fahey and Vice Chairman Kovacic. Absent: Chairman Lofdahl and 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. CONSENT AGENDA a) Consideration of Minutes dated May 19, 2009. Ms. Rock moved to approve the consent agenda as submitted. Seconded by Mr. Czmowski. The consent agenda was approved unanimously. 4.PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO CONSTRUCT A NEW CLUB HOUSE AT CROW RIVER COUNTRY CLUB, 915 COLORADO STREET N.W. Vice Chairman Kovacic opened the hearing at 5:32 p.m. with the reading of publication #7761 as published in the Hutchinson Leader on Thursday, June 4, 2009. Ms. Bowers explained the Crow River Country Club is proposing to demolish their existing club house and build a new club house with roughly the same footprint. She stated approval of a conditional use permit is required for golf courses and related facilities in the R-1 zoning district. She explained there has been a change in the location of the building and the applicant is requesting to st table the item to the July 21 meeting. st Mr. Fahey made a motion to table the request to the July 21 meeting. Seconded by Ms. Rock the motion carried unanimously. The hearing remains open. b) CONDITIONAL USE PERMIT TO ALLOW A HOUSE TO BE MOVED ONTO AN EXISTING TH VACANT LOT AT 640 – 5 AVENUE S.E., REQUESTED BY FLOYD AND DIANE KRIENKE, PROPERTY OWNERS Vice Chairman Kovacic opened the hearing at 5:33 p.m. with the reading of publication #7761 as published in the Hutchinson Leader on Thursday, June 4, 2009. th Ms. Bowers commented on the request to move a house onto a vacant lot located at 640 – 5 th Avenue S.E. on the northwest corner of Ontario and 5 Ave SE. She explained the Zoning Ordinance requires a conditional use permit to relocate a structure over 10’ X 12’. The house to be th moved is a 26’ x 42’ ranch-style home, which would face 5 Avenue S.E. A detached garage would be constructed on the lot with a driveway from the alley. There is a large setback on the east side of the property which is in the 100 year flood plain. The house will be set back out of the 100 flood plain. Ms. Bowers explained the property is located within the 500 year flood zone on the FEMA flood map and is required to meet the Flood Plain Management requirements in the City Code. Staff discussed the fact there must be separate water, sewer and electric services for this house. Ms. Bowers reported moving permits from the City, County and State were also discussed by staff. She explained there Minutes Planning Commission – June 16, 2009 Page 2 will be no basement but a small room to be used as a storm shelter. The applicants have addressed all issues that needed to be addressed. Staff recommends approval of the request with the following conditions: 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. Construction of the home shall meet the requirements of the Flood Plain Management ordinance. The building plans and final survey elevations will be reviewed upon submittal of a building permit. 3. As-built elevations must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect. th 4. No curb cut will be allowed off 5 Avenue S.E. A driveway to the garage shall be provided from the alley. 5. Construction of the garage must be completed before a certificate of occupancy will be granted for the home 6. Approval of a city moving permit is required prior to moving the structure. 7. The applicants shall obtain the required moving permits from the County and State Highway Depts. 8. Inlet protection is necessary around the catch basin on the southeast corner. 9. An address sign and mailbox shall be placed in the alley. An address sign shall also be th place on the front of the house facing 5 Avenue. There was a question if the request meets the 50% impervious surface requirement. Staff stated it will be under the 50% coverage. There was also a question regarding the requirement of flood proofing techniques. Ms. Bowers stated the requirement is from the flood plain ordinance. Discussion followed on the elevations and surrounding properties affected. Ms. Bowers stated the th property drains toward 5 Avenue S.E. Mr. Exner stated there are no drainage concerns and there is a catch basin on the S.E. corner of the lot. The lot is relatively flat. Mr. Fahey made a motion to close the hearing. Seconded by Mr. Czmowski, the hearing closed at 5:42 p.m. Mr.Czmowski made a motion to recommend approval of the request with staff recommendations 1-9. Seconded by Mr. Fahey, the motion carried unanimously. Vice Chairman Kovacic stated this item will be placed on the City Council consent agenda at their meeting held June 23, 2009 in the Council Chambers at 5:30 p.m. c) AMENDMENT TO ZONING ORDINANCE SECTION 154.119, TELEVISION AND RADIO ANTENNAS, TO UPDATE AND REVISE THE STANDARDS AND REQUIREMENTS FOR TELECOMMUNICATION FACILITIES Vice Chairman Kovacic opened the hearing at 5:43 p.m. with the reading of publication #7761 as published in the Hutchinson Leader on Thursday, June 4, 2009. Ms. Bowers explained that the Planning and Engineering staff have been working with S.E.H. on a telecommunications study to develop an improved process and ordinance for the review of telecommunication equipment on both public and private property in the City. She introduced Mr. Andy Terry, Short, Elliott, Hendrickson, to comment on the amendments to the zoning ordinance regulating antennas and towers. He commented on a couple of key changes which are specifying application requirements, including a section on resolution of interference, and adding requirements for construction, screening, and maintenance. Language was also updated to reflect current technology, such as renaming the ordinance from “TV and Radio Antennas” to “Telecommunications”. The ordinance also clarifies that the requirements apply to Minutes Planning Commission – June 16, 2009 Page 3 locating antennas and equipment on existing buildings and public structures such as water towers. Discussion followed on when a permit is needed. Mr. Terry explained new antennas or towers will need a permit. New antennas on pre-existing sites need a permit. Ms. Bowers explained the present process. Mr. Terry stated minor modifications may be made. There is no grandfathered provision presently. He explained there is no protection in this ordinance for maintenance of existing antennas. There was a question on what happens if the lease is transferred. Ms. Bowers stated conditional use permits go with the land. There was further discussion of the need to add a section to protect existing antennas. Discussion followed on the height regulations. Monopoles are generally less than 75’. Discussion followed on the City owned properties and privately owned poles and the hardship to meet requirements. There were concerns regarding the ordinance impact on existing facilities. There was discussion on protecting the City and the balance between grandfathering and impact on the City. Mr. Exner commented on the balance between maintenance and upgrade. There are three towers Hutchinson. Ms. Bowers explained there may be more lease agreements on City facilities and buildings. Discussion followed on the ordinance regulating satellite dishes. There were concerns with an ordinance that is too subjective. The consensus is for additional research to alleviate concerns. Mr. Terry agreed to research other ordinances to possibly permit all new installation but modify the construction. Ms. Bowers suggested to define installation and maintenance. st Mr. Fahey made a motion to table the amendment to July 21 Planning Commission meeting. Seconded by Mr. Czmowski, the motion carried unanimously. The hearing remains open. d) CONDITIONAL USE PERMIT AMENDMENT, VARIANCE AND REVISED SITE PLAN FOR CONSTRUCTION OF A 51,000 SQ. FT. MANUFACTURING FACILITY AT 900 HWY 7 WEST REQUESTED BY DAGGETT VENTURES Vice Chairman Kovacic opened the hearing at 6:15 p.m. with the reading of publication #7761 as published in the Hutchinson Leader on Thursday, June 4, 2009. Ms. Bowers explained the request is for an amendment to the previously granted conditional use permit, a revised site plan and setback variance. She stated due to changes required by Atomic Crane, the applicant is requesting revisions to the site plan to allow the building to be rotated, a setback variance for the east side of the building to 10 feet from 20 feet and relocating the outdoor storage to the south side of the building. Other site improvements, such as the parking lot, have also been revised to allow the revised placement of the building. She reported the size and design of the building would remain the same as previously approved. Ms. Bowers commented on the parking configuration and the drive. She commented on the parking and drive. Screening will be by an 8 foot fence instead of trees. She explained the movement of the flow in the building. She commented on changes to the drainage plan. The proposed pond will be enlarged to deal with the proposed addition to the paint building. The loading dock area will straddle over the property line. She suggested an easement agreement between the properties and add a condition number 11 stating an access and maintenance easement shall be provided between the properties. Parking and setback requirements have been met with the variance requested. Staff recommends approval with the following recommendations: 1. The proposal would meet the standards in the Zoning Ordinance, with the exception of the variances provided for in this resolution. Minutes Planning Commission – June 16, 2009 Page 4 2. A variance to allow a 10’ side yard building setback from the 20’ required in the I-1 district is approved for the east side of the building. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to width of the lot and need to accommodate the length and flow of the assembled product. The request would not alter the character of the locality. 3. A variance to exceed the 40’ maximum building height allowed in the I-1 district to allow a 56’ building height was approved by the City Council on April 28, 2009 and remains in effect. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the definition of the height of the building, which uses the highest point of the roof for flat roofs, and specific building needs of the crane assembly and trial fit requirements. The building is unique in that a portion of the building would be only 34’ high, however the crane assembly area would be 56’ high. The request would not alter the character of the locality. 4. The standards for granting a conditional use permit will be met, subject to meeting the screening requirements in the Zoning Ordinance. 5. Final utility, grading, and stormwater management plans must be approval by the City Engineer prior to grading or any construction on site. 6. The site plan shall be revised to identify the required 10’ parking setback to the interior (east) lot line and 20’ setback to the street right of way. A minimum of 50 parking spaces are required. The final parking plan shall be approved by the Planning Director prior to construction. 7. A 20 foot access drive must be maintained around the building for emergency vehicles. 8. The outdoor storage area shall be screened in compliance with Section 154.115 of the Zoning Ordinance. The final screening plan shall be approved by the Planning Director. No berming is permitted in the drainage and utility easement areas. 9. Approval of a fence permit is required prior to installation. The fence may not block emergency access to the building and a lock box for the security gates shall be provided for emergency access. 10. Signage shall comply with the requirements of the Zoning Ordinance. Approval of a sign permit for all signage is required. Isaac Marceau, Operations Manager, Hutchinson Manufacturing and Dan Massa, Westinghouse Parr Nuclear, Manufacturing Engineer, Shoreview MN, explained the flow of product from east to west and the need for the zero setback. Discussion followed on the building code requirements of the zero setback. Marc Sebora explained employees may speak on Mr. Daggett’s behalf. There was futher discussion on the impact of allowing a zero setback. Mr. Marceau stated there must be two separate properties. He explained expansion of the paint building is not in the immediate future. There was much discussion on the proposed side yard setback. Two plans have been developed, one showing a zero side yard setback to the east lot and one with a 10 foot setback. Staff stated that based upon our meeting with Mr. Daggett, he is requesting a variance to allow a 10’ setback, rather than the 20’ required. Mr. Daggett was not present at the meeting, however his representatives stated they needed a zero setback to meet their needs for turning semi’s on the west side of the building. Staff explained that additional Building Code requirements are triggered with a zero setback related to firewalls. The applicants presented information showing the turning area needed for the trucks and requested approval of a variance to allow zero setback. Staff stated the Commission could recommend a variance to allow the zero setback, however Building Code requirements will need to be met and will be reviewed when building plans are submitted. Also discussed was the loading dock door on the east side of the building. The screening requirements and landscaping along Les Kouba Parkway were also discussed. Mr. Czmowski made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at 6:36 p.m. Mr. Fahey made a motion to recommend approval of the request with staff recommendations 1-10 and the addition of # 11. Also, changing #2 to add at owner’s discretion zero Minutes Planning Commission – June 16, 2009 Page 5 setback and meeting all building code requirements. Discussion followed regarding the landscaping on the south side of the property with a wood fence. Mr. Exner explained the City has discussed the fence and landscaping issues. He stated the City may build a berm along Les Kouba parkway in the future. The security fence will be installed up to the property line. There was further discussion regarding the security of the property. Mr. Exner stated screening along the trail is the City’s responsibility. Screening is required on the south side because of the outdoor storage. Rob Woller, Westinghouse Parr Nuclear, Lynnwood, WA, commented on the product in the storage area that must be secured. Seconded by Mr. Czmowski, the motion carried on a 3 – 1 vote. There was a roll call vote. Fahey, Czmowski and Rock voting aye and Kovacic voting nay. Vice Chairman Kovacic stated this item will be placed on the City Council regular agenda at their meeting held June 23, 2009 in the Council Chambers at 5:30 p.m. e) PRELIMINARY AND FINAL PLAT OF RIGHT OF WAY PLAT NO. 11 SUBMITTED BY WARRIOR MFG AND MCLEOD COUNTY FOR NEW ROAD, HACKBARTH STREET S.E. TO SERVE ENERGY PARK NORTH Vice Chairman Kovacic opened the hearing at 6:49 p.m. with the reading of publication #7761 as published in the Hutchinson Leader on Thursday, June 4, 2009. Ms. Bowers explained that Right of Way Plat No. 11 designates the right of way for a new north/south road called Hackbarth Street to serve the proposed Energy Park North industrial park th The proposed street would connect the industrial park to 5 Avenue and would be located half on Warrior Manufacturing’s property and half on McLeod County’s property. The “Hackbarth Street” name was approved by the City Council on the Energy Park North plat. She stated the road will be 70 feet wide and 500 feet in length. Staff recommends approval of the right of way plat with the following conditions. 1. The platted roadway meets the subdivisions standards for new roadways in the City Code. 2. No on-street parking is allowed on Hackbarth Street. Ms. Rock made a motion to close the hearing. Seconded by Mr. Fahey the hearing closed at 6:51 p.m. Mr. Fahey made a motion to recommend approval of the request with staff recommendations 1 and 2. Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held June 23, 2009, in the Council Chambers at 5:30 p.m. 5.NEW BUSINESS 6.OLD BUSINESS 7.COMMUNICATION FROM STAFF a) Ms. Bowers reported, with Lynn Otteson’s resignation, the City will be looking for a new planning commissioner. 8.ADJOURNMENT There being no further business the meeting adjourned at 6:52 p.m. Motion by Czmowski, second by Rock.