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08-17-2010 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 17, 2010 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Chris Kovacic, Christie Rock, Jim Fahey, Chad Czmowski, Dean Kirchoff, Dave Johnston and Chairman Lofdahl. Absent: None also present: Dan Jochum, Planning Director and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated July 20, 2010. Mr. Kovacic moved to approve the consent agenda as submitted. Seconded by Mr. Johnston. The consent agenda was approved unanimously 4.PUBLIC HEARINGS a) CONSIDERATION OF A 3 LOT PRELIMINARY PLAT OF CROWN ADDITION, COMPREHENSIVE PLAN AMENDMENT AND REZONING PROPERTY FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO R-2 (MEDIUM DENSITY RESIDENTIAL) AND MXD (MIXED USE DISTRICT) LOCATED NORTH OF GOLF COURSE ROAD REQUESTED BY RANDY ANDERSON, KIDS INC. Chairman Lofdahl opened the hearing at 5:32 p.m. with the reading of publication #7826 as published in the Hutchinson Leader on August 5, 2010. Mr. Jochum reported the property owner is requesting a comprehensive plan amendment, preliminary plat and rezoning of 38.8 acres located at 525 Golf Course Road for development of Kids Inc. This facility will be a children’s day care facility with therapy and other related services available on site for persons not attending day care at Kids Inc. He explained that the property owner is requesting to rezone the property from R-1 (Single Family Residential) to R-2 (Medium Density Residential) and MXD (Mixed Use District) to accommodate the uses proposed. He stated the property is guided in the Comprehensive Plan for residential use. The Comprehensive Plan amendment is the first part of the process. The preliminary plat will consist of two (2) lots and an outlot. The day care facility will require a conditional use permit in the MXD district and theMXD district will accommodate the other professional services available. He commented on the high level of City discretion in amending the Comprehensive Plan. He commented on the lot arrangement of the preliminary plat and the streets in the plat. He stated th the proposed streets in Outlot A will be 9 Avenue N.W. Massachusetts Court N.W. on the cud- de-sac and Massachusetts Street. N.W. The proposed development will have access off of Montana Street N.W. and Minnesota Street N.W. Neither of these streets are currently constructed and will have to be built to provide access. He commented on the previous concerns with traffic flow and reported the City Engineer has reviewed the traffic potential and approves of this plan. Mr. Jochum commented on the rezoning request and consideration given to the purpose of the Zoning Ordinance and Comprehensive Plan. Minutes Planning Commission – August 17, 2010 Page 2 Staff recommends approval with the following recommendations: 1. Revise the Comprehensive Plan designation on the staging plan from “Traditional Residential Neighborhood” to “Mixed Use Residential” for Block 2 Lot 1 of the Plat. 2. Future development of the site will require review and approval of a site plan by the Planning Commission and City Council. 3. Provide written response to the attached City Engineer’s Memorandum dated August 10, 2010. 4. Name the streets in accordance with attached map and names listed above in the Preliminary Plat section. 5. The rezoning is consistent with the intent of the Comprehensive Plan and Zoning Ordinance. (note: subject to Comprehensive Plan Amendment also being approved.) There was discussion on the previous concerns of availability of services to the area. John Olson, Public Works Manager, stated there are available utilities in Golf Course Road and Montana Street. There were questions where the services will be stubbed into the development. Mr. Jochum stated that will be spelled out in the subdivision agreement. Mr. Fahey made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 5:43 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Johnston, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held August 24, 2010 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF ENERGY PARK NORTH SECOND ADDITION (A REPLAT OF ENERGY PARK NORTH) SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT Chairman Lofdahl opened the hearing at 5:46 p.m. with the reading of publication #7826 as published in the Hutchinson Leader on August 5, 2010. Mr. Jochum explained the request to re-plat Energy Park North. He noted they have submitted a 7 lot plat with 4 outlots to be known as Energy Park North Second Addition. The purpose of the re-plat is to split one large lot into two smaller ones, with one of those being proposed for the CHIPS Holdings project. In addition, when the property was originally platted several lots encompassed portions of stormwater ponds. The re-plat includes the stormwater ponds as outlots rather than a portion of regular lots. He referred to the previous staff reports for the original plat in March 2009 and May 2009. There were questions regarding the maintenance of the outlots. Mr. Jochum explained the ponds are for regional ponding, rather than individual properties and the City would maintain them. Discussion followed on the pond designs to service the capacity of the users. Mr. Seppelt, EDA director, stated the ponds were designed to take all drainage of the future developments in the plat. Ms. Rock commented on the previous large lots now being replatted. She asked if there will be more replats in the future. Mr. Seppelt explained that lots can be split if necessary in the future to accommodate all users. Mr. Jochum explained the plat will now be more flexible having larger lots with the possibility of splits later. Mr. Jochum explained staff recommends approval with the following recommendations deleting number 1 and adding numbers 1,4,5, and 7 from the May 19, 2009, Energy Park North final plat as follows: Minutes Planning Commission – August 17, 2010 Page 3 1. The findings and conditions from the original Energy Park North Preliminary and Final Plat carry forward and are attached the Energy Park North Second Addition Preliminary and Final Plat. 2. The final plat shall be recorded at the McLeod County Recorder’s Office within 270 days of approval. Previous plat recommendations to be added: 1. A turnaround for emergency access shall be constructed at the end of the east-west road, th Benjamin Avenue. The turnaround shall be maintained until the road is connected to 5 Avenue SE 4. No access will be allowed from the residential properties to the northwest to the subject property. 5. No road crossing shall be constructed over the Luce Line trail on the north side of the property. 7 Significant buffering is required on the Northwest corner of the development abutting residential properties. Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Fahey, the hearing closed at 5:53 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations number 2 and numbers 1, 4, 5 and 7 from the previous final plat. Seconded by Ms. Rock, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held August 24, 2010 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF AMENDMENT TO EXISTING CONDITIONAL USE PERMIT TO SHOW PAVED DRIVEWAY FROM ACCESS ROAD TO RAMP BETWEEN THE RELOCATED LIFE LINK III BUILDING AND THE NEW HANGER AT 1732 BUTLER FIELD DR. S.W., HUTCHINSON AIRPORT PROPERTY Chairman Lofdahl opened the hearing at 5:58 p.m. with the reading of publication #7826 as published in the Hutchinson Leader on August 5, 2010. Mr. Jochum reported Public Works Manager, John Olson, submitted an amended conditional use permit application with a revised drawing indicating the location of a paved driveway from the access road to the ramp between the relocated Life Link III building and the new hangar. The pavement will be 24 feet wide. There will be 8.5 feet on each side of the pavement to the th buildings. A conditional use permit was approved April 27 to relocate the Life Link Trailer. He explained the reason the driveway is being moved is to accommodate the re-location of the Life . Link Trailer which will be on top of the where the existing driveway is locatedHe commented on staff concerns regarding location of parking for the occupants of the life Link Trailer. He stated staff recommends no parking on either side of the driveway due to its width. The purpose of the I/C zoning and standards for granting a conditional use permit were explained. Staff would recommend approval with the following recommendations: 1. The standards for granting a conditional use permit are met. 2. The conditions of the original conditional use permit are met. 3. No parking is allowed on or next to the driveway in question. 4. Parking for the Life Link Trailer shall be located behind the hangars. Minutes Planning Commission – August 17, 2010 Page 4 Mr. Jochum explained the driveway is new. The building location will not change from the previously approved conditional use permit. John Olson, Public Works Manager, commented on the original conditional use permit. He explained this driveway will replace the previous driveway location. There will be a cross walk for the Life Link staff. He commented on parking needed by the Life Link staff and the location for the parking. He reminded the commissioners the structure is a modified manufactured home. The pavement has been removed in preparation for moving the trailer. Discussion followed on the access for emergency services. Mr. Kirchoff made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 6:04 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Fahey, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held August 24, 2010 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 54 – STORMWATER MANAGEMENT; SECTION 54.02, DEFINITIONS Chairman Lofdahl opened the hearing at 6:05 p.m. with the reading of publication #7826 as published in the Hutchinson Leader on August 5, 2010. Mr. Jochum explained the Definition of Impervious Surface is being amended in the Stormwater Ordinance to be consistent with the definition in the Shoreland Ordinance, as well as the Zoning Ordinance. He reported staff reviewed the proposed ordinance at the July 29, 2010 planning staff meeting. Staff is very supportive of the proposed ordinance and recommends approval. The Planning Commission should provide feedback on the ordinance and consider public hearing comments in their recommendation to the City Council. Mr. Jochum commented on Area Hydrologist Rob Collett’s response to the amendment dated August 16, 2010. He noted Mr. Collett’s comments on decks and the impervious surface coverage. He stated the new ordinance strengthens our ordinance in defining impervious areas. DNR will have to review the approved ordinance and will provide detailed comments and any needed changes to the City. Discussion followed on the consideration of swimming pools when calculating impervious surface. Mr. Jochum explained pools have been considered impervious. He reported the DNR would also include eaves and overhangs when calculating impervious surface however, this is not listed in the DNR regulations. He reminded the commissioner, the City has discretion amending the ordinance. Discussion followed regarding the DNR regulations and the City amendment. Mr. Fahey made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 6:11 p.m. Mr. Jochum commented on the language recommended by the DNR. Mr. Fahey made a motion to recommend approval of the amendment as written by staff. Seconded by Mr. Johnston, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held August 24, 2010 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 152 – SHORELAND MANAGEMENT; SECTION 152.007, DEFINITIONS; SECTION 152.041, STORMWATER MANAGEMENT; SECTION 152.108, VARIANCES. Minutes Planning Commission – August 17, 2010 Page 5 Chairman Lofdahl opened the hearing at 6:14 p.m. with the reading of publication #7826 as published in the Hutchinson Leader on August 5, 2010. Mr. Jochum reported staff was directed by the Planning Commission to look at several amendments to the Shoreland ordinance related to impervious surface coverage standards that would allow applicants flexibility while mitigating the impacts of additional impervious surface coverage. In addition, the height of building definition was reviewed and amended to be more clear and easy to understand, as well as made consistent with the definition in the Zoning Ordinance. Lastly, the definition of impervious surface was amended and is now consistent throughout City ordinances. Previously, there were three definitions for impervious surface and each is slightly different. He commented on the DNR definition of height which would create a lower building height. He reported buildings on lots that are hilly would have a problem with the DNR definition. Discussion followed on measurement from different types of roofs. Mr. Jochum explained the section on variances regarding the possibility of leaving coverage as is and not expanding over the previous coverage. Mr. Collett, DNR Hydrologist questioned expanding the nonconformity. John Paulson, City Regulatory Specialist, reminded the commissioners to keep in mind in the existing ordinance there currently is nothing in place for treatment of lots covering over 25%. Discussion followed on the need for property surveys to accurately measure the impervious surface. Mr. Paulson explained the MPCA also has requirements for impervious surface which includes language that each existing 1 acre of coverage you must treat 1 inch of runoff. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Czmowski, the hearing closed at 6:38 p.m. Mr. Kovacic made a motion to recommend approval as written. Seconded by Mr. Fahey, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held August 24, 2010 in the Council Chambers at 5:30 p.m. f). CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 154 – ZONING; SECTION 154.004, DEFINITIONS; SECTION 154.136, GENERAL REQUIREMENTS FOR SIGNS; SECTION 154.138, PROHIBITED SIGNS. Chairman Lofdahl opened the hearing at 6:39 p.m. with the reading of publication #7826 as published in the Hutchinson Leader on August 5, 2010. Mr. Jochum commented on the purpose of these amendments to amend the definition of impervious surface to be consistent with the Stormwater Management Ordinance and the Shoreland Management Ordinance. Also, the height of building definition was amended to be consistent with the height of building definition in the Shoreland Management Ordinance. In addition, the sign section of the zoning ordinance is being amended to allow provisions for Electronic Message Center (EMC) signs. Lengthy discussion followed on the amount of sign to be electronic and the sign size. There was also discussion of existing electronic signs. Billboard signs are not allowed within the City. The commissioners discussed type of text and the length of messages changing on the signs. There was discussion on the DOT standards. Minutes Planning Commission – August 17, 2010 Page 6 Mr. Johnston made a motion to close the hearing. Seconded by Mr. Fahey, the hearing closed at 6:58 p.m. Mr. Kovacic made a motion to table the item to the next meeting. Seconded by Mr. Czmowski, the motion carried unanimously. 5.NEW BUSINESS a. SITE PLAN REVIEW OF A PROPOSAL BY CHIPS HOLDINGS, LLC FOR A 4920 SQ. FT. DISTRIBUTION FACILITY ON A LOT IN ENERGY PARK NORTH SECOND ADDITION Mr. Jochum explained the applicant is proposing to build a warehouse in the re-platted Energy Park North Second Addition. The building is proposed to be a 4920 square foot warehouse for distribution of potato chips and other similar snacks. He commented on his review of the building, setbacks, landscaping to buffer the building on south end of the lot and parking. He noted there was a one stop shop held with the developer on July 27, 2010, to review the site plan and provide feedback. Staff recommends approval of the site plan subject to the following recommendations: 1. The proposed building and site improvements shall comply with the standards of the I-1 district and the Zoning Ordinance. 2. A certified property survey is required before a building permit will be reviewed. The survey shall clearly identify dimensions and setbacks for the building, parking, and drive aisles, and identify the proposed drainage direction and grading. Review and approval of the final site plan is required by the City Engineer and Planning Director before construction. 3. The parking lot needs to drain to the east to the catch basin that drains into the stormwater pond. 4. Silt fencing must be installed per City requirements, including along the front side of the lot to the street. 5. The clean out must be at the easement or property line to ensure easy access. 6. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Forester. 7. SAC and WAC fees will be calculated per fixture unit and due at the time of building permit. 8. Exterior doors should be labeled clearly with large letters or numbers for emergency purposes. 9. Approval of a NPDES permit and erosion control are required prior to construction on site. Mr. Fahey made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held August 24, 2010 in the Council Chambers at 5:30 p.m. 6.OLD BUSINESS 7.COMMUNICATION FROM STAFF a. Zoning Variance issue. Mr. Jochum reported that the courts ruled on the reasonable use definition for a variance. The Supreme Court ruled on the interpretation of “reasonable use” to allow a variance, meaning that a variance shouldn’t be allowed unless there wouldn’t be a reasonable use of the property without the variance. The Legislature may make changes to the law during the next legislative session that will provide clarity on this issue. Minutes Planning Commission – August 17, 2010 Page 7 Mr. Jochum also noted that the new Shoreland rules have not been approved by Governor Pawlenty. The Governor sent them back to the DNR for more work. They likely won’t be approved until after a new Governor is in office. 8.ADJOURNMENT There being no further business the meeting adjourned at 7:20 p.m.