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05-16-2000 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 16, 2000 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Arndt at 5:30 p.m. with the following members present: Jason Olsen, Dean Kirchoff, Dave Westlund, Jim Haugen and Jeff Jones. Absent: Brandon Fraser. Also present: Julie Wischnack, AICP, Director of Planning/Building/Zoning; Holly Kreft, Planning Coordinator and Marc Sebora, City Attorney. 2. CONSENT AGENDA Mr. Haugen moved to approve the minutes as submitted. Mr. Jones seconded the motion. Motion carried. 3. PUBLIC HEARINGS a) CONSIDERATION OF REZONING OF PROPERTY LOCATED NORTH OF PROPOSED EDMONTON AVENUE AND SOUTH OF BROLL'S 3RD ADDITION AS REQUESTED BY DEVELOPERS RESOURCE COMPANY Chairman Arndt opened the hearing at 5:33 p.m. with the reading of publication #6167 as published in the Hutchinson Leader on Thursday, May 4,2000. Ms. Wischnack explained that the current property owner was the Hoernemann Trust. She added that this property had been recently annexed. She reminded the Commission that property annexed into the City automatically was zoned R-1, Low Density Residential. She presented that proposed sketch plan which indicated single-family homes on the east side of the property and higher density housing on the west. Ms. Wischnack explained the difference between R-1 (Low Density Residential) and R-2 (Medium Density Residential). She explained that the minimum lot size requirements for R-1 was 10,000 square feet versus 8,400 square feet for R-2. She added that the area north of the proposed R-2 zone is currently zoned R-2B and clarified that the "B" indicated that this area was platted prior to 1988. Gary Knudsen, 130 Orchard Avenue, questioned what other developments in the City were also zoned R-2. Ms. Wischnack replied that the recent development of Bridgewater 2nd Addition was rezoned to R- 2. She also added that the majority of the residential zoning in the City is R-2. Mr. Jones questioned if the Comprehensive Land Use Plan had been changed following the public hearing for Broil's 3rd Addition. He added that he recalled that a "buffer" zone had been created south of the existing homes of Schmidtbauer's 4th Addition. Ms. Wischnack explained that there was a buffer area shown on the Comprehensive Land Use Plan and referred the Commission to the map in the staff report. There was discussion relative to the intent of creating the buffer zone. Mr. Haugen stated that he felt it was created to alleviate traffic congestion along Century A venue, but with the extension of Denver Avenue and Edmonton Avenue, this would not be a concern. Marty Campion, Otto Associates project engineer, stated that he believed the intention was for the first phase of the development to be single family homes. He also added that the developer would be willing to have a single row of homes on north and east side of the development remain R-1. Forrest Cravens, 325 Jefferson Court, and Thomas Byrne, 330 Jefferson Circle, questioned how drainage would be addressed. Mr. Campion replied that the drainage plans had not yet been finalized. Ms. Wischnack explained that another public hearing would be held to discuss the preliminary plat and that the drainage plans would be reviewed at that time. Mr. Jones moved to close the hearing at 5:46 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Jones moved to approve the rezoning except for the perimeter lots on the north (east of Sherwood Street) and east sides which shall remain R-1. Mr. Westlund seconded the motion. Motion to approve, based on guidance of the comprehensive plan and consistency with existing surrounding zoning, carried unanimously. b) CONSIDERATION OF REZONING OF PROPERTY LOCATED NORTH OF AIRPORT ROAD AND EAST OF TH 15 FROM R-1 (LOW DENSITY RESIDENTIAL) TO C-4 (FRINGE COMMERCIAL) AS Minutes Planning Commission - May 16, 2000 Page 2 REQUESTED BY MENARD'S Chairman Arndt opened the hearing at 5:47 p.m. with the reading of publication #6157 as published in the Hutchinson Leader on Thursday, May 4,2000. Ms. Wischnack explained that this property also was currently owned by the Hoernemann Trust. She displayed the location map and preliminary plat layout. She explained that the lot for the proposed Menard's building would be approximately 21 acres. She explained the proposed route of the Edmonton Avenue extension. She added that the plan indicated 395 parking spaces and that this number met the requirements for a furniture/warehouse facility. She added that the frontage road would be privately built. Ms. Wischnack displayed photographs of other Menard stores. She added that staff was concerned that the fayade of the building should compliment other stores in the area as this would be a gateway to the City. There was discussion as to the fayades and fencing types of the other Menard stores. Ms. Wischnack added that staff recommended that signage also compliment other signage in the area, for example the County Fair Marketplace monument sign. Mr. Haugen asked for clarification of fencing height requirements and if the Ordinance addressed maximum heights. Ms. Wischnack explained that there was not a maximum height limit for fencing, but any height over six feet would need to meet Building Code. Marv Prochaska, Menard Inc., explained the fayade construction of the other stores. He stated that Menard's had planned to construct a building with precast concrete panels similar to stores in Elk River and Mankato. He also added that the proposed building would have two exits. Mr. Olsen questioned if the proposed building would be a scaled-down version. Mr. Prochaska stated that it would be a standard size building. Mr. Arndt stated that he would like to see wider driveways to allow more room for trailers. Mr. Prochaska stated that he agreed, but that many cities required a maximum width of 30 feet. Ms. Wischnack stated that she would research the requirements. Donald Sitz, 1570 Bradford Street, stated that he had concerns regarding the snowmobile trail and landscaping adjacent to his property. He added that he had met with representatives from Menard's earlier and his concerns were addressed. Mr. Haugen moved to close the hearing at 6:09 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Westlund moved to approve the rezoning. Mr. Haugen seconded the motion. Motion to approve carried unanimously. c) CONSIDERATION OF A PRELIMINARY PLAT FORA 4-LOT SUBDIVISION TO BE LOCATED NORTH OF AIRPORT ROAD AND EAST OF TH 15 AS REQUESTED BY MENARD'S Chairman Arndt opened the hearing at 5:47 p.m. with the reading of publication #6157 for the conditional use permit as published in the Hutchinson Leader on Thursday, May 4,2000. Ms. Wischnack explained the request with the rezoning. Mr. Haugen moved to close the hearing at 6:09 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Haugen moved to approve the preliminary plat with the following conditions: lighting design along the new street must incorporate City lighting standards (acorn style); lots within the plat must be one acre in size; construction plans for storm water and streets must be submitted and approved by the City Engineer (this shall include construction details for turn lanes, Edmonton Avenue and the new street); execution of a subdivider's agreement must coincide with the final plat; appropriate utility easements must be dedicated. Mr. Jones seconded the motion. Motion to approve with listed conditions carried unanimously. d) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF MATERIALAS REQUESTED BY MENARD'S (NORTH OF AIRPORT ROAD AND EAST OF TH 15) Minutes Planning Commission - May 16, 2000 Page 3 Chairman Arndt opened the hearing at 5:47 p.m. with the reading of publication #6158 as published in the Hutchinson Leader on Thursday, May 4,2000. Ms. Wischnack explained the request with the rezoning. Mr. Haugen moved to close the hearing at 6:09 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the following conditions: the fence surrounding the outside storage area must be 100% opaque; the plantings must be installed within three months of the certificate of occupancy for the building; the fence detail is provided on the plans as a 14 foot high structure with 2' X 8' vertical wood siding; the fayade of the building must be similar to the Maple Grove store; and signage must be similar to those in the area. Mr. Olsen seconded the motion. Mr. Kirchoff moved to amend his motion to include the conditions that the fayade be submitted and that driveway curb cuts be wider, if possible. Mr. Olsen seconded the amendment. Motion to approve with the amended conditions carried unanimously. e) CONSIDERATION OF A CONDITIONAL USE PERMITTO CONSTRUCT A UTILITY TRANSMISSION LINE IN THE FLOODWAY AS REQUESTED BY THE HUTCHINSON UTILITIES COMMISSION (SECTION 8 OF HASSAN VALLEY TOWNSHIP) Chairman Arndt opened the hearing at 6:15 p.m. with the reading of publication #6159 as published in the Hutchinson Leader on Thursday, May 4,2000. Ms. Kreft presented the request and explained the governmental agencies that have jurisdiction over the proposed transmission line. She added that the conditional use permit required by the City is only for those poles which will be located in the floodway. Mr. Haugen asked what the extent of the floodway was in this area. Ms. Kreft replied that this would need to be researched, and that it will be addressed by staff once a topographic survey is made available. Mr. Jones questioned the amount of vegetation that would need to be removed. Ms. Kreft again stated that this information was not yet available. Mr. Kirchoff questioned what the flood proofing measures entailed. Ms. Kreft replied that the Building Official had indicated to her that only substantial structures require flood proofing and that this would be reviewed if a building permit application is made. Richard Schieffer, legal counsel for Hutchinson Utilities Commission, presented information. He stated that the Utilities Commission had reviewed the staff report and was in agreement with the recommended conditions. Mr. Haugen moved to close the hearing at 6:25 p.m. Mr. Kirchoff seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve with the following conditions: any permits required by other agencies shall be obtained and copies of such permits provided to the City; plans or documents certifying that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area; any topographic surveys shall be made available to the City Planning Staff for review, prior to construction; and relocation of the line relative to this request shall be made by written documentation to the City Planning Staff. Mr. Kirchoff seconded the motion. Motion to approve with the listed conditions carried unanimously. f) CONSIDERATION OF REZONING FROM I/C (INDUSTRIAUCOMMERCIAL) TO R-2 (MEDIUM DENSITY RESIDENTIAL) AS REQUESTED BY TODAY'S PROPERTY MANAGEMENT FOR PROPERTY LOCATED AT 106 MONROE ST. SE Chairman Arndt opened the hearing at 6:28 p.m. with the reading of publication #6160 as published in the Hutchinson Leader on Thursday, May 4,2000. Ms. Kreft presented the request and displayed a map showing the exist zoning of the area. She stated that the property currently has a non-conforming residence on it and in order for the property owners to do any structural alterations or additions, it would need to be rezoned. She stated that the area was originally rezoned to the I/C District in 1978. She added that the lot directly to the south had been rezoned from I/C to R-2 in 1992. Minutes Planning Commission - May 16, 2000 Page 4 Mr. Westlund questioned what could be done to the residence if it were not rezoned. Ms. Kreft replied that no extensions or additions would be allowed as well as structural alterations. Bob Sandstede, representing Today's Property Management, discussed the use of the lot. He stated that the lot to the west was previously used as Hutchinson Iron and Metal, but that the lot in question had always been used as a residence. Ms. Kreft stated that staff had been contacted about the possibility of using the adjacent lot as an antique shop. She added that this would not be an allowed use in the R-2 District, but would be allowed by a conditional use permit in the I/C District. Christine Haefner, Today's Property Management, stated that the potential buyer for that lot has decided not to purchase it. Mr. Olsen questioned if residentially zoned areas abutting industrial and commercial areas was common. Ms. Wischnack replied that it was somewhat common, especially in the older areas of the City such as this. Mr. Haugen stated that he felt this area was better utilized as residential. Mr. Haugen moved to close the hearing at 6:40 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Haugen moved to approve the rezoning. Mr. Westlund seconded the motion. Motion to approve the rezoning carried 5-1 with Chairman Arndt voting against. g) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE AT A HEIGHT GREATER THAN 30" IN THE FRONT YARD SETBACK AS REQUESTED BY JOHN EWERT (795 COLORADO STREET) Chairman Arndt opened the hearing at 6:43 p.m. with the reading of publication #6161 as published in the Hutchinson Leader on Thursday, May 4,2000. Ms. Kreft presented the request and displayed a sketch showing the proposed fence location. She explained the maximum height allowed within the front yard setback was 30". She added that the proposed fence would be similar to a wrought iron fence and that staff had recommended approval. Mr. Ewert stated that he had planned to construct the fence outside of the 6' easement located on the southern property line. He added that the fence would be approximately 54" in height. Mr. Westlund moved to close the hearing at 6:45 p.m. Mr. Jones seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the condition that if the proposed fence is built within any easement, the property owner shall be responsible for repair needed for any fencing damaged during the maintenance or improvement of the utilities within the said easement. Mr. Olsen seconded the motion. Motion to approve with the above condition carried unanimously. h) CONSIDERATION OF A 6" VARIANCE TO CONSTRUCT AN ADDITION FOR OFFICE SPACE WHICH DOES NOT MEET THE REQUIRED SETBACK OF 30 FEET AS REQUESTED BY ALLIED MECHANICAL (340 MICHIGAN STREET SE) Chairman Arndt opened the hearing at 6:46 p.m. with the reading of publication #6152 as published in the Hutchinson Leader on Thursday, May 4,2000. Mr. Kirchoff excused himself from the Commission because he would be representing Allied Mechanical. Ms. Kreft presented the request and displayed an overhead showing the proposed additions. She stated that the addition would be for office space that is currently located in a temporary mobile home. She added that staff recommended approval of the variance. Mr. Kirchoff stated that they had reviewed the proposed conditions by staff and that they felt the conditions could be met. Mr. Olsen asked when Allied Mechanical planned to start construction. Mr. Kirchoff replied that they hoped as soon as possible. Mr. Eric Knutson, owner of Lynn Card, asked if the storage would be removed. Mr. Kirchoff replied that all of the current material stored outside is going to be stored inside the addition. Minutes Planning Commission - May 16, 2000 Page 5 Mr. Jones moved to close the hearing at 6:52 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Jones moved to approve with the following conditions: paving of the parking lot shall be completed prior to the issuance of a Certificate of Occupancy and that outdoor storage must be addressed either by fencing or storage in the new addition. Mr. Olsen seconded the motion. Motion to approve with the list conditions carried 5-0-1. i) CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 30 FEET TO 5 FEET FOR A 60' x 200' COMMERCIAL BUILDING AS REQUESTED BY RICHARD MCCLURE (945 5TH AVENUE SE) Chairman Arndt opened the hearing at 6:54 p.m. with the reading of publication #6163 as published in the Hutchinson Leader on Thursday, May 4,2000. Ms. Wischnack explained the request. She stated that the City was not interested in vacating the easements in Arch Street at this time. Mr. Kirchoff asked if Arch Street was a minimum maintenance road. Ms. Wischnack replied that it was not and that a storm water pond may be placed in the vacated street. She also added that the current parking lot is gravel and due to the significant slope in the area, there was a large amount of runoff to the Crow River. She also added that silt fencing had been installed and would need to remain in place at least until the parking lot is paved. Ms. Wischnack stated that currently there are materials stored on City property which will need to be removed immediately. Mr. Jones stated that he felt a better process could be written in the Ordinance regarding vacated streets. Mr. Haugen questioned if the parking lot needed to be paved immediately. Ms. Wischnack stated that due to the proximity of the Crow River, staff felt that paving should be done as soon as possible. Mr. McClure stated that the building he had constructed last year was completed late last fall and there had not been time to pave the parking lot. He also added that the outdoor storage was construction material that would be removed as soon as the proposed project was complete. Mr. Arndt asked Mr. McClure if he intended to use Arch Street as access. Mr. McClure replied that he did not. Mr. Westlund moved to close the hearing at 7:03 p.m. Mr. Kirchoff seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve the variance request with the following conditions: remove all outside storage items or apply for a conditional use permit; silt fencing must remain until the soil is stabilized and pavement of the lots completed; and paving of the parking lot must be completed prior to the issuance of a certificate of occupancy. Mr. Kirchoff seconded the motion. Motion to approve with the listed conditions carried unanimously. j) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR GRADING WITHIN THE FLOODWAY OF THE SOUTH FORKOFTHE CROWRIVER FOR CONSTRUCTION OF A 10' BITUMINOUSTRAILAS REQUESTED BY THE CITY OF HUTCHINSON (NORTH OF SHOPKO) Chairman Arndt opened the hearing at 7:05 p.m. with the reading of publication #6164 as published in the Hutchinson Leader on Thursday, May 4,2000. Ms. Kreft presented the request and displayed photographs showing the area of the proposed trail. The Commission discussed the trail route. Mr. Haugen moved to close the hearing at 7:06 p.m. Mr. Jones seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve with the following conditions: silt fencing must installed during construction and restoration of the slope must be completed before silt fencing may be removed. Mr. Westlund seconded the motion. Motion to approve with listed conditions carried unanimously. 4. NEW BUSINESS a) CONSIDERATION OF A LOT SPLIT AS REQUESTED BY HOERNEMANN TRUST (SECTION 7 OF Minutes Planning Commission - May 16, 2000 Page 6 HASSAN VALLEY TOWNSHIP) Ms. Wischnack explained that since the Hoernemann Trust was still one parcel, a lot split was needed. Mr. Westlund moved to approve the lot split. Mr. Jones seconded the motion. Motion to approve carried unanimously. b) CONSIDERATION OF A LOT SPLIT AS REQUESTED BY CURTIS AND JANEL REITER (760 CENTURY AVENUE SW) Ms. Kreft explained the request and displayed the survey showing the proposed split. She added that since this was in the I/C District, there were no minimum lot dimensions. Mr. Westlund moved to approve the lot split. Mr. Olsen seconded the motion. Motion to approve carried unanimously. 5. OLD BUSINESS a) DISCUSSION OF HOME OCCUPATION REVISIONS TO ZONING ORDINANCE Ms. Wischnack stated that staff had received many requests asking about home occupations. She added that the current regulations probably do not are feasible and should be changed. She asked the Commission their feelings of pursuing amendments to the home occupation language in the Ordinance. Mr. Kirchoff moved to have staff draft possible changes to the home occupation language in the Ordinance. Mr. Jones seconded the motion. Motion carried. b) DISCUSSION OF ZONING OF SOUTH GRADE ROAD AREA NEAR DALE STREET (COMMERCIAL AND RESIDENTIAL MIX) Ms. Wischnack explained that in this newly annexed area there was a unique mix of residential and commercial properties. She gave the example of a cabinet shop with one employee who can not currently expand the business because it is a non-conforming use. John Slyter, the business owner, stated that he was assessed as commercial property and felt this was unfair since he could not expand this use. Ms. Wischnack stated that staff felt that many of the uses in the area would be too commercially intense to qualify as home occupations. She did suggest that this could be made a special zoning district similar to the I/C in which all of the uses would be only conditionally permitted. There was discussion of what some the possible regulations for such a district could be. Mr. Slyter stated that he felt it was important that there be a limit on the number of employees. Mr. Jones suggested that the size of the business buildings could be proportionate to the size of the lots. 6. COMMUNICATION FROM STAFF Ms. Kreft presented the tentative agenda for June. 7. ADJOURNMENT There being no further business, Mr. Jones moved to adjourn the meeting at 7:25 p.m. Mr. Westlund seconded the motion. Motion carried.