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PC Packet 03.20.18 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,March 20, 2018 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATED January 16, 2017 4.PUBLIC HEARINGS A.CONSIDERATION OF A PRELIMINARY AND FINAL PLAT AND VACATION OF EASEMENT FOR GARBERS ADDITION TO FAIRWAY ESTATES,LOCATED AT 1424 and 1428 HERITAGE AVE NW. 5.NEW BUSINESS 6.UNFINISHED BUSINESS 7.COMMUNICATION FROM STAFF A.Upcoming Meetings 8.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,January 16, 2018 5:30 p.m. 1.CALL TO ORDER 5:30P.M. The January 16, 2018Planning Commission meeting was called to order by Chair Fahey at 5:30p.m. Members in bold were present Chair Fahey,Vice Chair Wick, Commissioner Garberg,Commissioner Wirt, Commissioner Lofdahl,Commissioner Hantge andCommissioner Forcier. Also present were Dan Jochum,City Planner,Kent Exner, City Engineer, John Olson, City Public Works,John Paulson, City Environmental Specialist,Marc Sebora,City Attorneyand Andrea Schwartz, City of Hutchinson Permit Technician 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATED October17, 2017. Motion by Commissioner Hantge, Second by Commissioner Wick.Motion approved. Motion to Approve–Motion to Reject 4.PUBLIC HEARINGS A.CONSIDERATION OF A SITE PLAN FOR A MULTI-TENANT RETAIL BUILDING AND VARIANCE TO REDUCE PARKING STALL SIZE INA C-4 ZONING DISTRICT, LOCATED AT 1094 HWY 15 S. Dan Jochum, City Planner addressed the Commission. Mr. Jochum reviewed the application as outlined in the Commission’s packets. This is the former Kentucky Fried Chicken space. Applicant is requesting site plan approval for an8,000 square foot brick efface building with flat roof in a commercial zone. They are requesting a reduction of the parking stall size from 20 feet in length to 19 feet. The front of the building will face the Mall and the rear of the building will be to the highway. There are currently 8 additional parking stalls. Once the Planning Department is notified of the actual use of the suites an accurate number of stalls needed will be known. Mr. Jochum is confident that there will be enough. Minutes Hutchinson Planning Commission January 16, 2018 Page 2 Parking/driving circulation will enter from a south entrance and an additional north entrance will be for exiting the lot/drive through. A pond will be constructed on site for storm water runoff. This is a low area and this is proposed to help the issue. There will also be some excavating work along the highway to help shed water back to the pond area. The developer will be requesting a permit from MnDOT to remove the trees along the highway for the site to be more visible. Extra trees will be planted on the site to mitigate for this. Chair Fahey questioned how difficult it will be to remove the trees along the highway? Commissioner Lofdahl asked if the center row of parking could be placed diagonal.Mr. Jochum mentioned that it was looked at but the straight parking was decided best. What would happen if a restaurant came into the building? Would there be enough parking? John Bell, KlodtInc. answered about the tree removal and looks like things are already in the works for the tree removal. There is no anticipation for a restaurant type business. Possibly a sandwich shop type dining would be the most extreme type of business for needing more parking. Mr. Jochum explained the answers from the Planning Staff, of practical difficulties for the request for the variance.The biggest issue is the practical difficulty of uniqueness. The soil on this property has a very slow filtration so the developer is planning to have a pond area to help with the filtration. This area will take up space that was originally planned for more parking. Planning staff would like the developer must request a right of entry (vs. easement) from the Mall for theconstruction, in condition number 3 that the planning staff has recommended. Chair Fahey questioned the SAC and WAC charges and what they are for. Mr. Jochum explained what the charge is for and that the developer will get a credit for how many units were existing. John Bell–mentioned all the parking stall will be 9 ft wide vs. 8.5 ft. which is the City of Hutchinsonrequirement. The rain garden or storm water pond should improve the existing conditions of drainage issues. Part of the MNDOTpermit will be to excavate and work on the east side of the lot along the highway, this re- grading should bring storm water back to the pond. Minutes Hutchinson Planning Commission January 16, 2018 Page 3 Pete Cormorik –McDonalds. Have the developerschecked with the mall on height on outlot buildings? McDonalds was notallowed to build over 18 feet in height back in 2012. Mr. Cormorik would like the rest of the trees along the highway removed. Motion by Commissioner Wick,second by Commissioner Hantgeto close hearing at 6:05p.m. Staff recommendations: 1.The landscaped area on the west side of the building, directly adjacent to the building, shall be reduced in size to 3 feet from 5 feet to make the sidewalk larger to meet ADA standards. 2.The transformer shall be moved to the east side of the drive-through aisle unless alternative arrangements can be made with Hutchinson Utilities Commission. 3.If any construction activity encroaches onto property owned by the Hutchinson Mall an easementright-of-entrywill be needed from the owners of the Hutchinson Mall. 4.The proposed building and site improvements shall comply with the standards of the C-4 district and the Zoning Ordinance, as well as all other City regulations. 5.Any reconstruction of existing infrastructure within City of Hutchinson right-of-way or easement areas shall be the developer’s responsibility, including improvements and associated costs. This work shall meet all of the City’s engineering standards and be approved by the City. 6.There must be emergency service access around the building that meets thefire code. Fire hydrants must be located no farther than 400 feet from the building. 7.Exterior refuse collection area must be fully screened. 8.Moving or relocating any utility services will be at the property owner’s expense. 9.SAC/WAC charges will be due at the time building permits are issued. 10.A parkland contribution fee will be collected with the building permit. 11.MnDOT must approve any work done in the Highway 15 right-of way. 12.The property owner proposes to use the property in a reasonable manner as a commercial property with a drive-through. 13.The landowner’s problem is unique to the property; in that storm, water management is not easily accomplished due to the soil types and takes up a larger area than usual, thus affecting the available space for the parking lot. 14.The request will not alter the essential character of the locality. There are many commercial properties in this area with drive-through’s and the scale of the proposed building is similar to other buildings in the area. In addition, there are other properties in the area that are not meeting the parking stall size requirements. 15.The variance is in harmony with the purpose and intent of the ordinance. 16.The variance is consistent with the Comprehensive Plan. Motion by Commissioner Hantgeto approvewith 16 staff recommendationslisted above, making note of a change to number 3 to word “Right of Entry” vs. “Easement”. Second by Commissioner Forcier.Motion approved. Item will be on City Council consent agenda on 01/23/2018. Motion to close hearing –Motion to approve with staff recommendations–Motion to reject Minutes Hutchinson Planning Commission January 16, 2018 Page 4 5.NEW BUSINESS 6.UNFINISHED BUSINESS 7.COMMUNICATION FROM STAFF A.Update land development ordinances in 2018 with help of a consultant (this is something Dan Jochum would like tosee) B.Upcoming Meetings Dan Jochum noted that we have noapplicationsfor theFebruaryPlanning Commission meetingat this time. 8.ADJOURNMENT Motion by Commissioner Wick, Second by Commissioner Wirtto adjourn at 6:12 p.m. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Jochum, AICP and City of Hutchinson Planning Staff Date:March 15, 2018forMarch 20, 2018, Planning Commission Meeting Application:Consideration of a one lot preliminary and final platand vacation of easementfor Garbers Addition to Fairway Estates Applicant:Mark and Lynne Garbers Owners:Joe and Ellen Tracy PRELIMINARY AND FINAL PLATAND VACATION OFEASEMENTSFOR GARBERSADDITION TO FAIRWAY ESTATES nd The property ownerisrequesting to replat twolotsin Fairway Estates 2Additioninto one lot. The new plat is proposed to be calledGarbers Addition to Fairway Estates. Preliminary and Final Platand Vacation of Easements GarbersAddition to Fairway Estates Planning Commission –3/20/18 Page 2 GENERAL INFORMATION Existing Zoning:R-1PD Property Location:1424 and 1428 Heritage Ave NW Existing Lot Sizes:1424 Heritage Ave NW–12,082sq. ft. 1428Heritage AveNW–12,473sq. ft. Proposed Lot Size:24,555square feet Existing Land Use:Vacant. Adjacent Land Use And Zoning:Residential. R1-PD Zoning Comprehensive Land Use Plan:LowDensity Residential Neighborhood Zoning History:This property was originally platted in 1999and has remained vacant since that time. Applicable Regulations:Sections153.36 and 153.50 of the City Code and City Charter section 13.05 Preliminary and Final Plat: The proposed GarbersAddition to Fairway Estatescombines two existing lots into one lot.The property ownerproposes to build a new home on the property one the plat is completed. The new lot will be approximately 24,555square feet or about .56acres.Minimum lot area in the R-1 district is required to be at least 10,400square feet and there is no maximum lot size. There are other considerations that staff would like the Planning Commission to discuss/consider. 1)Future Assessment Liability –Having larger lots leads to homeowners incurring larger assessments since assessments are typically administered on a property frontagebasis meaning the more lineal feet in front of a property the larger the assessment.The purpose of this item is to make the homeowners and Planning Commission aware of the future assessment liability. Preliminary and Final Platand Vacation of Easements GarbersAddition to Fairway Estates Planning Commission –3/20/18 Page 3 2)Utilities–Thehomeowner should initiate a Gopher State One Call to ensure there are not any utilities in the easement area to be vacated.City records do notindicate any easements but this needsto be verified. Final Plat Review Criteria After the submittal of the final plat, the Planning Commission shall recommend approval or disapproval of the plat. Failure of the Planning Commission to act upon the final plat shall be deemed a recommendation of approval of the plat. If plat disapproval is recommended, the grounds for disapproval shall be stated in the records of the Planning Commission. A plat shall not be recommended for approval unless it: (a)Conforms to the preliminary plat; (b)Conforms to the design standards set forth in this chapter; (c)Conforms to the adopted Comprehensive Plan; and (d)Is in accordance with all requirements and laws of this state. Vacation of Easements: The existing drainage and utility easements between the two existing lots need to be vacated in order for a home to be constructed.The existing easements related to the storm water pond will remain in place. Vacation: Section 13.05 of the City Charter states: “A majority of the council may by resolution vacate any street, alley or any public grounds within the city. Such vacation may be made only after published notice and an opportunity of affected property owners and public to be heard, and upon such further terms and by such procedure as is prescribed in MN Stat 412.851, and which the council by resolution may prescribe. A notice of completion of such proceedings shall be filed with the proper county officers in accordance with law.” Recommendation: If Planning Commission feels this Plat is acceptable the following conditions should be applied to the preliminary and final plat and vacationof easements approval: 1.The applicantsshall record the final platwith McLeod County. 2.Easements as noted on preliminary plat to be vacated,must be vacated prior to plat being recorded. 3.Any future accessory buildings must be placed in the rear yard and not in any easement areas. 4.If the lot isplatted as proposed,future assessments will be larger due to the increased front footage ofthe properties. 5.A Gopher State One Call shall be done prior to the Plat being recorded to ensure there aren’t unknown utilities located in the easements to be vacated.