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01-18-2000 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, January 18, 2000 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Wood at 5:31 p.m. with the following members present: Jeff Haag, Dean Kirchoff, Dave Westlund, Bill Arndt, Jim Haugen, and Jeff Jones. Absent: None. Also present: Julie Wischnack, AICP, Director of Planning and Zoning; Holly Kreft, Planning Coordinator; John Rodeberg, Director of Engineering and Public Works; and Richard Schieffer, City Legal Counsel. 2. CONSENT AGENDA a) CONSIDERATION OF MINUTES OF DECEMBER 21,1999 Mr. Arndt made a motion to approve the minutes. Seconded by Mr. Kirchoff. The motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF REZONING FROM R-1 TO R-2 FOR A PORTION OF THE PLAT AND PRELIMINARY PLAT FOR 122 LOTS AS REQUESTED BY GREAT PLAINS COMPANIES INC. (WEST OF LAKEWOOD DRIVE AND NORTH OF SOUTH GRADE ROAD) Chairman Wood opened the hearing at 5:33p.m. with the reading of publication #6100 as published in the Hutchinson Leader on Thursday, January 6,2000. Ms. Wischnack explained the request. She stated that only a portion of the plat was proposed to be rezoned from R-1 to R-2. This portion lies in the southeast part of the plat and is delineated by the thick, dark line. There is also a shoreland overlay district which is delineated by a thick, dashed line. Ms. Wischnack explained the requirements of this district. She also commented on the street design and how staff had worked with the surveyor to develop the best street plan. Originally the street design called for cui de sacs which exceeded the 500' maximum as established by the Ordinance. All but four lots in the southwest corner meet the lot size requirements. These lots do not meet the width requirements. Ms. Wischnack explained that the original plat had shown these lots with "eyebrows" which increased the lot frontage to meet code. However, staff indicated that from a maintenance perspective this layout would be more difficult than a "smooth" street layout plan. Ms. Wischnack stated that staff recommends approval with the four conditions listed on the staff report. These four conditions are: two accesses into the storm water ponding area, grading plans must be reviewed by the Engineer, a subdivider's agreement must be executed at the time of final plat review, and the lot width issue be resolved with a variance at the final plat application. Ms. Wischnack explained that both of the first conditions had been met. Mr. Haugen asked if development would occur in phases. Mr. Mike Wigeley, partner of Great Plains Development, responded that yes, it would be in phases from west to east. Ms. Wischnack commented that the phasing plans were included in the grading plans. Mr. Haugen asked at what point would the developer move on to the next phase. Mr. Wigeley stated that usually it was when the phase had reached 75-80% occupancy. Mr. Arndt stated that as a neighbor to this development, he would not be voting. He did ask how the lots would be assessed if some have the reduced lot width. Mr. Rodeberg explained that the lots would be assessed on a per unit basis of the total lot size. Mr. Arndt asked if there was sufficient right-of-way dedicated on South Grade Road to allow for a bike trail. Mr. Rodeberg stated that yes there was sufficient space for that. Discussion ensued about the trail systems. Ms. Wischnack clarified that 17' of right-of-way had been dedicated for the trail on South Grade Road. Mr. Jones questioned the need for two access points into the storm water ponding area. Ms. Wischnack explained that staff had requested that for maintenance issues. Mr. Jones asked what would happen if the preliminary plat was approved and not the variance for the lot widths. Ms. Wischnack stated that the applicant would then have two options: either reconfigure the lots with the original street design or remove the non- conforming lots. Mr. Rodeberg explained why staff felt that the variances were justified and why the "eyebrows" would be a worst case scenario. Mr. Arndt questioned if there would be driveways onto South Grade Road. Ms. Wischnack stated that other than the two streets shown; there would not be any driveways fronting onto South Grade Road, but the Commission was welcome to added this as a condition if they felt it was necessary. Chairman Wood asked if there were any members of the audience that wished to comment but none were present. Mr. Arndt reiterated that he would be abstaining from all voting. Mr. Kirchoff moved to close the public hearing for the rezoning request at 5:49 p.m. Mr. Haugen seconded. Motion passed 6-0-1 . Mr. Kirchoff moved to approve the rezoning from R-1 to R-2 for a portion of the plat. Mr. Haugen seconded. Motion passed 6-0-1 . Mr. Kirchoff moved to close the public hearing for the preliminary plat request at 5:50 p.m. Mr. Haugen seconded. Motion passed 6-0-1. Mr. Kirchoff moved to approve the preliminary plat with the conditions listed in the staff report. Mr. Haugen added the condition that no driveway access onto South Grade Road. Mr. Haag seconded. Motion passed 6-0- 1. Mr. Jones requested staff to look into options of providing for the smaller street widths without a variance. He had concerns regarding the precedent and determining hardship of such a variance. Mr. Brian Sullivan of RLK Kuusisto suggested showing the "eyebrows" on the final plats, but showing the street designs without these features. Ms. Wischnack stated that staff would review the options. b) CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION TO THE CHRIST THE KING LUTHERAN CHURCH. (SOUTHEAST OF SOUTH GRADE ROAD AND NORTHEAST OF DALE STREET) Chairman Wood opened the hearing at 5:53 p.m. with the reading of publication #6099 as published in the Hutchinson Leader on Thursday, January 6,2000. Ms. Kreft explained the request for expansion of the existing church facilities which are located in a R-2 District and therefore require a conditional use permit. She explained that the request was to almost double the existing church facilities and some interior remodeling. The access points would be two along South Grade Road, a temporary one from Dale Street, and one from the future Cleveland Avenue. Ms. Kreft stated that the area located to the east of the church would remain grass-covered and serve as an area for runoffwater. She stated that the proposed additional parking spaces were sufficient for the number of added pews and office space. Staff recommend approval with the conditions that the northwest access onto South Grade Road be a right-only exit, the 10' easement be shown on the final plans, and that all parking areas be paved. Mr. John Rodeberg, President of the Christ the King Lutheran Church, stated that the Welcome to Our Home property, identified on the plans as Outlot A and the area south of the existing church, would be dedicated to the church. The easements as shown on the plans state 5' but do measure 10'. Mr. Haag questioned the existing storm sewer. Mr. Rodeberg stated that there will be a catch basin built by Welcome to Our Home Addition during their next phase of development. Mr. Rodeberg explained why additional storm water ponding was not required with this project. Mr. Jones asked when the Cleveland Avenue extension would be completed. Mr. Rodeberg stated that currently the plan is in 1-2 years. Mr. Rodeberg stated that the church would still have two entrances from Dale Street and Cleveland Avenue. He added that plans are to have the parking lot paved in conjunction with the construction. Mr. Haag made a motion to close the public hearing at 6:00 p.m. Mr. Jones seconded the motion. The motion passed 6-0-1 . Mr. Westlund motioned to approve the request for a conditional use permit with the conditions listed in the staff report. Mr. Kirchoff seconded the motion. Mr. Arndt stated that he would be not voting because he is a member of the church. The motion carried 6-0-1. c) CONSIDERATION OF REZONING AND CONDITIONAL USE PERMIT FROM R-1 TO I/C FOR AN AUTO REPAIRCENTERAS REQUESTED BY BERNIE MCRAITH. (AIRPORT ROADANDSTATE HWY 15) Chairman Wood opened the hearing at 6:01 p.m. with the reading of publication #6101 as published in the Hutchinson Leader on Thursday, January 6,2000. Ms. Wischnack explained the request and that Mr. McRaith had reapplied changing his original rezoning request from C-4 to I/C. Ms. Wischnack stated that staff still recommends denial of the conditional use permit, but does recommend approval of the rezoning. Ms. Wischnack explained staff reasons for recommending denial and added that the staff report contained recommendations should the Commission wish to grant the request. Discussion ensued about the septic requirements. Mr. McRaith stated that he had contacted County staff and that the County's policy during the winter months was to issue the permit contingent that the applicant provide the percolation test results by a set deadline. Mr. McRaith stated that he considered it a hindrance to have the parking lot placed to the west side of the proposed building. He stated that there are times when the vehicles under repair would need to be placed in the parking lot, but usually it was for a limited time. Mr. McRaith requested clarification was to whether or not natural gas and electrical services would be available. Ms. Wischnack explained that they would be available, but if the request was prior to the field season, Mr. McRaith would be responsible for the expenses of excavating the trenches to his area. Mr. Rick Albin, operator, explained that there would be some need for outside storage for tires and other parts. Ms. Wischnack referred to the Ordinance requirements for outside storage in the IIC District. The Ordinance requires that outside storage be allowed either with a conditional use permit or enclosed in a six foot, 100% opaque fence. Mr. Jones questioned Mr. McRaith if staff had notified him of the need for percolation tests in November. Mr. McRaith stated that staff had informed him of this requirement, but he felt that he should first apply for the rezoning. Mr. McRaith stated that he would like to utilize the proposed septic system for at least five years before hooking up to city services. Mr. Rodeberg spoke about the potential timing of when services would be available and that it would be dictated by when the development would occur to the north. Mr. McRaith said he would be willing to work with the City when the services would be available. Discussion ensued about planned development and how and when services would be available to this area. Mr. Arndt moved to close the hearing regarding the rezoning request at 6:52 p.m. Mr. Jones seconded the motion. Motion passed unanimously. Mr. Arndt made a motion to approve the rezoning request from R-1 to I/C. Mr. Westlund seconded the motion. Motion carried unanimously. Mr. Haag moved to close the public hearing forthe conditional use request at 6:53 p.m. Mr. Arndt seconded the motion. Motion carried unanimously. Mr. Arndt questioned legal staff if there could be a time limit on the use of the septic. Mr. Schieffer replied that there could be a time limit if given as one of the conditions. Discussion then ensued about bonding and if a time limit would be necessary. Mr. Scheiffer explained that the agreement between the applicant and the City would not necessarily be a bond, but would be a financial guarantee. Ms. Wischnack questioned the applicant if he understood the requirements listed in the agreement. Mr. McRaith stated that he did. Mr. Jones moved to approve the conditional use request with the following conditions: Parking may be located on the east side of the building, holding tanks shall be allowed until percolation test are available, outside storage shall only be allowed behind a 100% opaque fence at a height of no less than six feet, a financial guarantee agreement be signed by both the applicant and the City, and the parking area be paved no later than November 1,2000. Mr. Haag seconded. Motion carried unanimously. Ms. Kreft informed the applicant that the request would be heard at the February 8, 2000 City Council meeting in order to revise the draft agreement. d) CONSIDERATION OF CONDITIONAL USE PERMITTO EXTENDTIMEFRAME FORAN EXISTING TEMPORARY TRAILER TO BE USED AS AN OFFICE AS REQUESTED BY ALLIED MECHANICAL SYSTEMS. (340 MICHIGAN STREET) Chairman Wood opened the hearing at 7:22p.m. with the reading of publication #6102 as published in the Hutchinson Leader on Thursday, January 6,2000. Mr. Kirchoff removed himself from the Commission to represent Allied Mechanical Systems. Ms. Kreft explained the request for the extension. The applicant had originally applied for a conditional use permit to use a temporary trailer for office space. That request was granted in May of 1999 with the condition that it be for only six months. Mr. Kirchoff stated that the applicant would like a six month extension. He stated that the business is currently attempting to purchase another building that would meet their needs. Mr. Bernie Knutson, owner of a Lynn Cards located in the Industrial Park, spoke of the need to clean up the Industrial Park and that the applicant had excessive outside storage. Mr. Eric Knutson also questioned if the clean up issue would be remedied. Mr. Wood asked legal staff if clean up could be added as a condition. Mr. Schieffer replied that although it did not directly apply to the conditional use request, it could be added as a condition. Mr. Wood questioned staff what the policy was on enforcement. Ms. Wischnack replied that staff handles enforcement on a complaint basis and there had been a complaint made against the applicant. She also stated that the applicant had agreed to have the area cleaned up by February 1,2000. Mr. Kirchoff stated that some clean up had already occurred. Mr. Arndt made a motion to close the public hearing at 7:43 p.m. Mr. Jones seconded the motion. Motion carried 6-0-1 . Mr. Westlund made a motion to approve the conditional use permit to extend the timeframe for the temporary trailer with the condition that it be removed in six months. Mr. Jones seconded the motion. The motion passed 6-0-1. 4. NEW BUSINESS 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF a) DISCUSSION ON TOWER ORDINANCE Ms. Wischnack explained the outline copy presented to the Planning Commission. Discussion ensued as to the type of tower design which should be allowed. Agreement was reached that a monopole design would best address concerns with collapse. Mr. Bernie Knutson presented his concerns and additions to the outline. The Commission agreed that the setbacks should be 1 foot for 2 feet of tower height in both the commercial and industrial districts b) DISCUSSION ON HOME OCCUPATIONS Ms. Wischnack stated that staff had been questioned as to the possibility of allowing beauty shops as home occupations. The Commission agreed with the staff recommendation that the Ordinance should be revised to address certain home occupations as conditional uses. 7. ADJOURNMENT Being no further business the meeting adjourned at 7:24 p.m.