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11-16-1999 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 16, 1999 CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Jim Haugen, Jeff Jones, Dean Kirchoff, Bill Arndt, Jeff Haag, Dave Westlund. Also present: Julie Wischnack, Director of Planning and Zoning; Richard Schieffer, City Legal Counsel and Rick Kjonaas, City Engineer. 2. CONSENT AGENDA a) CONSIDERATION OF MINUTES OF OCTOBER 19, 1999 AND SPECIAL MEETING OCTOBER 25, 1999. Mr. Arndt made a motion to approve the minutes. Seconded by Mr. Jones. The motion carried unanimously. PUBLIC HEARINGS a) CONSIDERATION OF VARIANCE AND LOT SPLIT REQUEST BY VICTOR AND LUCILLE ARLT AT 612 SECOND AVENUE SOUTHWEST IN THE R-2 DISTRICT. THE VARIANCE WOULD BE FROM THE LOT WIDTH, LOT DEPTH AND LOT SIZE REQUIREMENTS. Chairman Wood opened the hearing at 5:30 p.m. with the reading of publication #6078 as published in The Hutchinson Leader on Thursday, November 4, 1999. Ms. Wischnack explained the property owner is requesting to divide the lot into two parcels. The width of the lot on Second Avenue is 66 feet and the lot on Third Avenue is 68.51 feet. The property is zoned R2 which requires a minimum lot size of 8,400 square feet and minimum lot width of 70 feet. A lot depth of 120 feet is required. The existing and proposed lot would need lot size and lot width variances. The proposed vacant lot would require a lot depth variance. The existing garage would meet the 6 -foot minimum rear yard setback requirement with the proposed lot line, but the cement area would need removal or an easement granted. The unique configuration of the lot relates to right of way configuration of Third Avenue. East of this lot, the right of way is diminished in size, creating a shorter lot depth for this property. The property has services, sewer and water, available on the Third Avenue side. This area was platted in 1938, which was prior to zoning ordinances being in place for lot width and size requirements. John Arit, the property owner's son, addressed the following issues: 1. The lot has been assessed on the Third Avenue side. 2. The road was reconfigured after his parents had purchased the property. They purchased the property in 1967. Mr. Kirchoff moved to close the hearing, seconded by Mr. Westlund the hearing closed at 5:43 p.m. Mr. Arndt made a motion to recommend approval of the request for the lot split. Seconded by Mr. Jones. The motion carried unanimously. Mr. Arndt made a motion to recommend approval of the variance request. Seconded by Mr. Haag. The motion carried unanimously. b) CONSIDERATION OF PRELIMINARY PLAT AND VACATION OF A CITY STREET (BOSTON AND BALTIMORE; AND VACATION OF EASEMENTS AS REQUESTED BY THE WAL-MART STORES, INC. Chairman Wood opened the hearing at 5:45 p.m. with the reading of publication #6081as published in The Hutchinson Leader on Thursday, November 4, 1999. Ms. Wischnack, said the property owners are requesting two applications: 1. Vacation of easements and a partial vacation of City right of way (Baltimore and Boston). 2. Preliminary Plat — to create one lot from the five existing parcels. MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 16, 1999 Vacation request Wal-Mart is proposing vacation of the street to accommodate a redesign of the their parking lot area. There are utilities located within that street which would still require an easement. Staff met with the neighboring property owners and the owner of the Champion Auto Parts Store. They were concerned about having access easements and the potential for MNDot to remove access to State Hwy 15. The applicants discussed moving the street behind lots 3 and 4 to provide frontage to Champion Auto Parts (lot 5) and lot 2. The neighbors indicated they felt relocation of the street rather than vacation with easements was an acceptable compromise. Staff would accept the vacation request if the following items were addressed. 1. The City Engineer must approve the new street design. There is a concern about the traffic patterns in this area. Perhaps a more curvilinear street design may make a more definitive area between the Wal-Mart parking area and the City street. 2. The newly dedicated easements in the vacation area must be also dedicated by a separate document. The separate document shall outline maintenance issues, access to property, and restoration guidelines. 3. The vacation would only be granted simultaneously with a final plat approval. (The vacation should not be allowed until the new street alignment and design is approved. The City would also be assured the new right of way would be dedicated.) 4 There are 8 existing boulevard trees on Boston Street. The owner would be responsible for reimbursing the City for those trees or provide a replanting on the northern portion of the property along Century Avenue. Preliminary Plat Easement Areas There are utilities, which will require relocation as a result of the store expansion and parking area. The new easements would need to be dedicated with the final plat and by separate document. The utility relocations would be entirely at the owners expense. Street on Western Portion of the Property Staff is requesting construction of a north/south street from Century to Dale Street along the western property boundary at the owner's expense. The City's request is for a number of reasons: 1. The City is in need of a north/south collector street in this area to alleviate traffic issues on State Hwy 15. 2. This road would eventually align with Harrington Street on the north and connect at the south to Airport Rd. 3. The expansion of the store will add more traffic into the area. Currently, the store of this size should experience approximately 5,200 trip ends per day. (Each trip one in — one out, counts as one trip end.) The expansion of 100,000 square feet will expand that to approximately 9,000 trip ends per day. There are two options for construction alignments: 1. Construct the road from Century Avenue to the ditch line and follow the ditch until Denver Avenue. Staff has discussed the City being responsible for filling the ditch. 2. Construct the road along the western property boundary. This option would require a rearrangement of the proposed storm water pond. There may have to be relocation of utilities in this area as well. The developer has agreed to construct the portion from Century Avenue to the ditch line and the remaining portion of Denver Avenue. The developer feels the City should be responsible for the ditch portion and assess that cost to adjacent owners at another time. Wetlands and Storm Water Pond The National Wetlands Inventory indicates a wetland in the northeastern portion of the property. Delineation information or certification that there are not wetlands in the area, must be submitted. The existing storm water pond will need to be relocated and expanded. The final storm water pond and design must be approved by the City Engineer. A stipulation of the final plat should include the owner's responsibility for on-going maintenance of the storm water pond. The storm pond area should also be encumbered by an easement, if the City needed access to the pond at some point in the future. MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 16, 1999 Staff recommends the Planning Commission act on the vacation application and would then request the City Council delay action until the final plat is reviewed. This would ensure the proper rights of way are dedicated. Greg Frank , McCombs, Frank, & Roos, Project Engineer, said truck traffic would come to the back of the building from Denver Avenue. Greg Frank explained a number of parcels are under purchase agreement. They would vacate existing easements as a number of easements cross through the parking lot now. New easements will be platted on the new plat. City staff to review easements and final plat. The Wetlands will be reviewed by the Army Corp of Engineers. Wal-Mart is willing to pay for 100% of the cost of the road on the north side to ditch, and on the westerly property line(Denver Ave.). Wal-Mart would be willing to pay for one-half the road along the ditch area. Pat Dalin, representing Novation Credit Union, asked how would rededicating streets affect their access. Rick Albein, Champion Auto, asked what will happen to his access to Baltimore Ave., and how will the corner be signed. Rick Kjonaas said on the initial plat there are more open questions beside traffic control. The city would have the expense of maintaining a little traveled street. Greg Frank said Wal-Mart made a commitment for a public street. Rick Albein asked if the located street needed to be there if Champion Auto wasn't. Darcy Winter, Real Estate Broker for Wal-Mart, said Rick Albein's proposal for Wal-Mart to relocate Champion Auto was not economically feasible. Roger Madison, Bremmer Bank, said they needed the relocated street for access to their property. Mr. Jones moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:38 p.m. Mr. Jones made a motion to recommend approval of the preliminary plat with the following conditions: 1. Any utility relocation required will be at the owner's expense. 2. All necessary easements and rights of way dedications will be included on the final plat. 3. A special easement document must be executed for the area of property within the vacated street, east of the store, and north of the new store. 4. The owner must grant right of way for a street connecting Atlanta and Baltimore, as required in the drawings. 5. The owner is required to build the street between Atlanta and Baltimore. 6. The owner must construct the northern portion of a north/south road (aligning with Harrington) and the westerly portion of Denver to the west property line as a part of this project. 7. Road construction documents for both streets must be submitted for approval. 8. A storm water redesign and easements must be submitted and approved. 9. A wetland delineation or certification of no wetlands on the site must be submitted. 10. Trees must be replaced or payment of $2,300 to the City must be submitted. Seconded by Mr. Westlund. The motion carried with commissioners Haag, Jones, Kirchoff, and Woods voting in favor and Arndt, Westlund and Haugen for denial of the request. Mr. Jones made a motion to recommend approval of the vacation of a portion Boston Street and a portion of Baltimore Ave. request. Seconded by Mr. Kirchoff. The motion carried. C) CONSIDERATION OF PRELIMINARY PLAT FOR 112 SINGLE FAMILY LOTS ON 47.99 ACRES AS REQUESTED BY GREAT PLAINS COMPANIES INC. (EAST OF LAKEWOOD DRIVE AND NORTH OF SOUTH GRADE ROAD) Chairman Wood opened the hearing at 7:11 p.m. with the reading of publication #6082 as published in The Hutchinson Leader on Thursday, November 4, 1999. Ms. Wischnack explained the proposed plat is configured within the R1 Zoning District. There is no request for rezoning at this time. The R1 area requires a minimum lot size of 10,400 square feet. The minimum lot width is 80 feet and the minimum lot depth 130 feet. A corner lot requires 110 feet at the building line. MINUTES HUTCHINSON PLANNING COMMISSION Tuesday. November 16. 1999 The very western cul de sac is over 750 feet in length. This length must be reduced. One of the access points onto South Grade Road must be removed (or existing Honey Tree Road would be removed and utilize Park Island Drive Southwest). There should be an additional right off way dedicated to eventually meet McDonald Drive (Park Island Drive). Staff has discussed a more curvilinear street pattern on Eighth Ave SW to act as a traffic calming device. There must be three lanes constructed for accesses onto South Grade Road (add turning lanes constructed for accesses onto South Grade Rd.). A trail will be installed along Eighth Avenue SW. Some of the street names need revision. Staff recommends approval of the preliminary plat with the following conditions: 1. Revise cul de sac length. 2. Move grading limits away from South Grade Road. 3. Add a turn lane to the design of the accesses onto South Grade Road. 4. Remove storm water ponding areas from proposed building lots. 5. Redesign Eighth Avenue to have a more curvilinear street alignment. 6. Provide a north/south street connection to align with Park Island Drive. 7. Remove one access unto South Grade Road. 8. Applicant must execute a Subdivider's Agreement. Bill Arndt would like to recommend constructing a trail along South Grade Road. Brian Sullivan, RLK, presented a redesigned preliminary plat to address City Staff requirements. Mr. Kirchoff moved to close the hearing, seconded by Mr. Jones the hearing closed at 7:37 p.m. Mr. Kirchoff made a motion to recommend tabling the preliminary plat until the December 21 to allow the staff time to review the revised plat. Seconded by Mr. Westlund. The motion carried unanimously. Bill Arndt abstained from voting. d) CONSIDERATION OF PRELIMINARY PLAT AND CONDITIONAL USE PERMIT TO CONSTRUCT A WALGREENS STORE AT STATE HIGHWAY 7 AND STATE HIGHWAY 15. Chairman Wood opened the hearing at 7:39 p.m. with the reading of publication #6083 as published in The Hutchinson Leader on Thursday, November 4, 1999. Ms. Wischnack said the applicants are proposing two requests: Preliminary plat and conditional use permit. The preliminary plat would provide one lot from the original eight lots. A conditional use permit is required because all uses with the C5 District require a special action. Staff met to discuss the plan and recommends approval of the conditional use permit with the following conditions: 1. Remove second access (east) from plans. 2. Remove extra parking spaces and revise parking spaces to proper depth. 3. Remove 230 square feet of signage from the plans. 4. Lowest floor of the structure must be 1046.2. An as -built verification will be necessary. 5. Relocation of the utility lines are required at the cost of the owner. 6. Lighting design be changed to incorporate City lighting standards on the perimeter of the site. 7. The owner must provide a copy of the access agreement with the railroad. 8. Landscaping plan be changed to incorporate Forester's recommendations. Staff also recommends approval of the preliminary plat with the following condition: 1. Appropriate utility easements be dedicated. Mike Kelser, Told Developer, said they had no problem meeting requirements numbers 2 through 8, but they were asking both accesses onto 41" Ave. NW to State Hwy 7 remain. Ms. Wischnack said MNDOT has ultimate approval process for the permit for accesses. John Muske, 71 — 4"' Ave NW, said a Walgreen development would increase traffic, and safety hazards. He doesn't think this the best use of this property. It would be difficult for truck traffic to exit on 3id Ave. and cause safety hazards for the bike trail. He did not recommend approval of a conditional use permit. MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, November 16, 1999 Mr. ,tones moved to close the hearing, seconded by Mr. Arndt the hearing closed at 7:40 p.m. Mr. Westlund made a motion to recommend approval of the preliminary plat with staff recommendations and with the condition that the access issue on 4th Avenue be resolved prior to the December 14th council meeting. Seconded by Mr. Jones. The motion carried unanimously. Mr. Westlund made a motion to recommend approval of a conditional use permit request. Seconded by Mr. Kirchoff. The motion carried unanimously. e) CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW STORAGE OF MATERIALS BY THE CITY OF HUTCHINSON IN THE I/C DISTRICT ALONG HWY 22 SOUTH Chairman Wood opened the hearing at 8:41 p.m. with the reading of publication #6084as published in The Hutchinson Leader on Thursday, November 4, 1999. Ms. Wischnack explained the City is requesting an additional conditional use permit to store items within the recently rezoned I/C portion of the compost property. The intention is to store materials integral to the composting/bagging process done at the site, as well as utilizing the wood harvested from the renewable tree screen for additional bio -mass for the process. In addition the I -C area may also include a recreational trail around the perimeter that will be available for non -motorized activities. Staff recommends approval of the conditional use permit with the following conditions: 1. The indicated materials are the only allowed materials on that portion of the site. Revisions to those items would require a conditional use permit amendment. 2. The planting of buffering materials shall be accomplished by July of 2000. 3. If complaints are received and verified, the City shall have the right to review the conditional use permit. 4. Pretreatment of drainage must occur. 5. The maximum height of the pile size will be limited to 12'. Robert Anderson, 1545 Hwy 22 S., encouraged the commission to adopt conditions and add height maximum. Lawrence Winter, Resource Recovery Coordinator, said the City will probably enhance areas D & E. to make a more efficient system financially and environmentally. He explained, the City will put a buffer along easterly border and enhance screen along the highway. Mr. Arndt moved to close the hearing, seconded by Mr. Jones the hearing closed at 8:41 p.m. Mr. Jones made a motion to recommend approval of the request. Seconded by Mr. Arndt. The motion carried unanimously. f) CONSIDERATION OF EXTENSION FOR A CONDITIONAL USE PERMIT (CEDAR CREST) Ms. Wischnack said the applicant is requesting an extension of a conditional use permit, which was originally issued on May 25, 1999. The conditional use permit was to construct a 36 unit boarding and lodging residence for the elderly. Mr. Arndt made a motion to recommend approval of an extension for a conditional use permit. Seconded by Mr. Jones. The motion carried unanimously. 4. NEW BUSINESS 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF The next planning commission meeting will be December 2181. (Christmas week) The Hwy 22 bypass meetings have been going well. Holly Kreft will be starting November 22nd as our new Planning Coordinator. 7. ADJOURNMENT Being no further business the meeting adjourned at 8:56 p.m.