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PC Packet 05.19.15 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,May 19, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDAPRIL 21, 2015 4.PUBLIC HEARINGS A.CONSIDERATION OF CONDITIONAL USE PERMIT MODIFICATION AND SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF A MULTI-FAMILY BUILDING COMPLEX OF 6-BUILDINGS WITH UP TO 23-UNIT BUILDINGS IN AN R-4 ZONING DISTRICT LOCATED AT 875 CENTURY AVE SW. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS 6.NEWBUSINESS 7.COMMUNICATION FROM STAFF A.Upcoming Meetings 8.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,April 21, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. The April 21, 2015 Planning Commission meeting was called to order by Acting Chair Norton at 5:30 p.m. Members in bold were present Chair Hantge,Commissioner Kirchoff,Commissioner Johnston,Commissioner Norton, Commissioner Arndt, Commissioner Wick,and Commissioner Fahey.Also present were Kyle Dimler, Planning and Building Specialist, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDMARCH 17, 2015 Motion by Commissioner Arndt, Second by Commissioner Kirchoff to approve. Approved unanimously. 4.PUBLIC HEARINGS A.Consideration of conditional use permit to allowthe remodeling of a residential home in the C-3 Zoning District, Katherine Kuhlmey, applicant. Kyle Dimler, Planning and Building Specialist, addressed the Commission. Mr. Dimler reviewed the location of the subject property, its zoning history, and the current use of the property. Mr. Dimler noted the remodeling of a residential home in the C-3 zoning district requires a conditional use permit as it is currently a legal non-conforming use. Mr. Dimler noted that staff understands this property has maintained its status as a non-conforming use even though it has been unoccupied because it has been marketed for sale as a residence. Mr. Dimler noted one of the key themes of the Imagine Hutchinson Downtown Action Plan was having strong neighborhoods and housing stock surrounding the downtown area. Mr. Dimler stated Staff recommends approval with the 9 conditions noted in the Planning Commission’s packet. Minutes Hutchinson Planning Commission April 21, 2014 Page 2 Mr. Jesse Johnson 234 Jefferson St. SE addressed the Commission. Mr. Johnson noted he will be performing the bulk of the remodeling of this property and he and Ms. Kuhlmey intend it to be their residence and provide a good curb appeal for the neighborhood. Mr. Johnson also stated that it is their intent to construct a garage on the currently existing foundation on this property. Ms. Elizabeth Scharn, 222 Jefferson St. SE addressed the Commission. Ms. Scharn stated she is in favor of the conditional use permit application being approved. Ms. Scharn stated she would like to keep the use of the property as her house as a neighbor. Ms. Scharn stated she is not aware of any proposed commercial development in the neighborhood. Commissioner Norton asked there would be any consideration of rezoning this property. Mr. Dimler stated that it would not be likely as the adjacent and surrounding zoning is within the C-3 zoning district and to rezone 1 or 2 lots would be spot zoning. Motion by Commissioner Arndt, Second by Commissioner Kirchoff to close the public hearing at 5:41 p.m. Motion by Commissioner Kirchoff, Second by Commissioner Wick. Motion approved unanimously. This item will appear on the City Council’s consent agenda for the April 28, 2015 City Council meeting. B.Consideration of an amendment to the City Code of Ordinances, Chapter 157: RiverOverlay District. Mr. Kyle Dimler, Planning and Building Specialist addressed the Commission. Mr. Dimler noted that this item is brought for the Commission’s consideration per the discussion and the Commission’s direction at the March 17, 2015 Planning Commission meeting to remove the last sentence of Chapter 157.06 (B) (5): Temporary structures, pole type construction, and metal sheds are not permitted. Mr. Dimler stated Staff reviewed this proposed ordinance amendment at the April 13, 2015 Planning Staff meeting and is supportive of this change. Commissioner Norton asked if there are any other portions of the River Overlay District ordinance that are being considered or should be considered for change. Mr. Dimler stated that the proposed amendment is the only portion that has been considered for change at this time as it is the one portion of the ordinance that has been the subject of discussion to date. Motion by Commissioner Arndt, Second by Commissioner Kirchoff to close the public hearing at 5:46 p.m. Minutes Hutchinson Planning Commission April 21, 2014 Page 3 Motion by Commissioner Kirchoff, Second by Commissioner Wick to approve. Motion approved unanimously. 5.NEW BUSINESS None 6.UNFINISHED BUSINESS None 7.COMMUNICATION FROM STAFF A.Upcoming Meetings Kyle Dimler, Planning and Building Specialistaddressed the commission. Mr. Dimler stated that Staff has received multiple applications for consideration at next month’s PlanningCommission meeting: 1)Application for a variance from the side yard setback at 745 Main St. N to allow the construction ofa detached garage. 2)Application for a conditional use permit and site plan review for Century Court III at 875 Century Ave. SW. Applicant proposes changing from a previously approved 10 12-unit building site plan to a 6 building layout with up to 124 units. Mr. Dimler also shared that Staff continues to work towards bringing ordinance language for discussion to a future Planning Commission concerning Interim Use Permits. Staff is currently working to determine appropriate Interim Uses based upon individual zoning districts. 8.ADJOURNMENT Motion by Commissioner Arndt, Second by Commissioner Wick to adjourn the meeting at 5:51 p.m. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann, Dolf Moon,Mike Bahe,Dave Hunstad,Miles Seppelt,Jeff Page,Jean Ward, Judy Flemming, John Webster, John Olson,Lenny Rutledge,Kent Exner, John Paulson,Marc Sebora, Dan Hatten,Dan Jochum,andAndrea Schwartz,(Persons in attendance at Planning Staff Meeting in bold) Date:May 13,2015, forMay 19,2015, Planning Commission Meeting Application:CONSIDERATION OF ASITE PLAN REVIEW AND CONDITIONAL USE PERMIT MODIFICATION TO ALLOW CONSTRUCTION OF A MULTI-FAMILY BUILDING COMPLEX OF 6 BUILDINGS WITH UP TO 23-UNITS PER BUILDING IN AN R-4 ZONING DISTRICT LOCATED AT 875 CENTURY AVE SW. Applicant:CENTURY COURT III, CROWNE POINTE DEVELOPMENT, INC.,APPLICANT CENTURY COURT III, LLC,PROPERTY OWNER CONSIDERATION OF A SITE PLANREVIEWAND A CONDITIONAL USE PERMIT MODIFICATIONFOR 875CENTURY AVE. SW. Conditional Use Permit and Site Plan Review 875 Century Ave. SW Planning Commission –5-19-15 Page 2 GENERAL INFORMATION Existing Zoning:R-$(Medium-High Density Residential District) Property Location:875 Century Ave. SW Lot Size:8.57Acres Existing Land Use:VacantR-3 Zoning District lot Adjacent Land Use And Zoning:R-2 (Medium Density Residential District), R-3(Medium-High Density Residential District), R-3 PD (Medium-High Density Planned Development Residential District), R-4 (High Density Residential District), I/C (Industrial/Commercial District) Comprehensive Land Use Plan:Medium Density Residential Neighborhood Zoning History:Originally platted as Century Court 12/20/1994in the R-3 Zoning District. Rezoned to R- 4 in August 2014. Applicable Regulations:City Code of Ordinances Sections154.169 and 154.170 Site Plan: The City Council deems it is necessary and appropriate to require site plan approval of developments in certain zoning districts to preserve and promote attractive, well-planned, stable urban conditions. The following is an overview of site plan considerations. Buildings: There are 6buildings being proposed for this project. The proposal is for each building toinclude 23units, totaling 138units.Each building is proposed to have 10 studios, 8 one-bedroom, 4 two-bedroom, and 1 two- bedroom ADA accessible. The buildings will be phased in over time based on demand and the plan is to start construction of a building in the southeasterly corner of the site during this construction season.The buildings are two stories and are approximately 30feet highas defined by the building height definition in the zoning ordinance.The buildings are each approximately 90x 126feet in size or 11,340square feet.Refer to attached building elevations for more information. The proposed buildingswould meet all applicablesetbacks. Each unit must have 3,000 square feet of lot area on the site in order to meet the requirements of the zoning ordinance. The site is 373,309 square feet in size. The proposed 138 units require at least 414,000 square footage of lot area. In order to fit within the Zoning Ordinance requirements, only 117units would be allowed rather than the 138 units proposed. Staff recommends capping the maximum density on the site to 117units to be consistent with the zoning ordinance. Staff understands the developer is also seeking flexibility in the number of units per building in future phases in order to best respond to market conditions. Staff has been told this may include doing, for example, two twelve unit buildings of 2-bedrooom apartments instead of one 23 unit building. Staff is generally willing to be flexible, as long as some parameters are agreed to. Those parameters would include not allowing over 117units Conditional Use Permit and Site Plan Review 875 Century Ave. SW Planning Commission –5-19-15 Page 3 total on the entire site per the zoning ordinance requirements, as well as not allowing any individual building to have over 23 units in it. Open space is also an important aspect of a multi-family project such as this. The zoning ordinance requires 20% open space in the development, which equates to 74,662 square feet of open space. The development as proposedfeatures 91,000square feet of open space. It should be noted that the open space does not take into account any of the parking lot/drive areas or ponding areasbecause these are not considered usable open space. Parking/Access/Circulation 288parking spaces are shown on the site plan, which is the greater than the 252parking spaces required for this project.There are no garages proposed for this project. The site features five access points to public streets. Two access points go to Century Ave. SW, one goes to Sunset St. SW, and two go to Cleveland Ave, SW.The access points that are shown are very similar to the ones proposed in the August 2014 site plan that was approved by the Planning Commission and City Council. Internal circulation on the site appears to be adequate. All of the internal streets will be private streets. The Fire Department indicated they would be able to get to the buildings in cases of emergency. Landscaping and Lighting: The Zoning Ordinance requires tree planting at a rate of 1 tree per 800 sq. ft. of landscaped area. There are 194 trees that are proposed as part of this plan. The City arborist will review the Landscape Plan at the time of building permit to determine if the tree species are compatible in Hutchinson. Lighting of the site appears to be adequate. Per the Zoning Ordinance, lighting installed must be indirect and shall not produce glare on adjacent properties or public right of ways. Stormwater Management: City staff has already provided comments to the developer in regards to the requirements for stormwater management. The site will drain to the proposed pond in the center of the site. Staff has reviewed the pond calculations and they appear to be adequate. Conditional Use Permit: The Conditional Use Permit (CUP) is required for multiple-family buildings in an R-4 zoning district. The buildings appear to meet all applicable zoning regulations. Staff recommends capping the site to117apartment units as a maximum density not to be exceeded. The following are standards for granting a conditional use permit: (a)The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and Conditional Use Permit and Site Plan Review 875 Century Ave. SW Planning Commission –5-19-15 Page 4 (c)The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Conclusion: 1.The proposed project is desirable and will contribute to the general welfare of the neighborhood in the subject location as it will utilize land that is currently vacant. 2.The proposed project is not anticipated to have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities, and other matters affecting the public health, safety, and general welfare as the project appears to meet all zoning requirements. 3.The proposed building(s) will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Recommendation: Staff recommends approval of the site plan and the conditional use permitwith the following conditions of approval: 1.The maximum density on the site (8.57 acres) shall be 117apartment units.No building shall have more than 23 units in it. 2.The required play area as outlined in section 154.059 (J) of the Hutchinson Zoning Ordinance must be constructed and maintained on-site by the developer. 3.The City needs to obtain clarification from the County Environmentalist on the status of the wetland report prepared for this site. If the County identifies any wetlands, they will have to be addressed according to the County Environmentalist. 4.The proposed building and site improvements shall comply with the standards of the R-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 necessary improvements and associated costs. This work shall meet all of the City’s engineering standards and be approved by the City. 6.The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work impacts roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn’t fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. 7.The drainage and utility easement needs to encompass entire property. The northeast area of the lot currently does not have a drainage and utility easement. 8.Any reconstruction of existing infrastructure within City of Hutchinson 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. 9.There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feet from the buildings. 10.Any exterior refuse collection area(s)must be fully screened. 11.The standards for granting a conditional use permit would be met, subject to the conditions stated. Conditional Use Permit and Site Plan Review 875 Century Ave. SW Planning Commission –5-19-15 Page 5 12.The proposed building and site improvements shall comply with the standards of the R-4 zoning district and the Zoning Ordinance. 13.The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. 14.The Applicant must obtain all necessary permits for the construction of the proposed project. 15.If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 16.Requirethe planting of 8’ evergreen screening trees along Cleveland Ave. SW and the west side of existing residence properties in the northeast corner adjacent to the development, to be approved by City Arborist, and require the installation of these trees before issuing a Certificate of Occupancy of the first building. Planting of the required screening trees along the east west internal road south of existing twin homes would be delayed until this street is constructed to alleviate root damage. 14-042 04/27/2015 N 2 9 SITE PLAN Civil Engineering Land Planning CAMPIONENGINEERINGSERVICES, INC. N 14-042 04/27/2015 N 3 9 UTILITY PLAN SANITARY SERVICE STATION & ELEVATION Civil Engineering Land Planning CAMPIONENGINEERINGSERVICES, INC. N 14-042 04/27/2015 N 5 9 GRADING PLAN OUTLET CONTROL STRUCTURE Civil Engineering Land Planning CAMPIONENGINEERINGSERVICES, INC. N " 2 1 "" 22 11 14-042 04/27/2015 TOP STAKES 5' ABOVE GROUND(MAX.) OR TO FIRST BRANCH.BOTTOM OF STAKE 3' (MIN.)BELOW GROUND. STAKINGPOSTS TO BE 2"X2" STAINEDWOOD OR PAINTED STEELDELINEATOR POSTS. PLACE 3POSTS EQUIDISTANT AROUND ANDOUTSIDE ROOT BALL. SECURETREE TO POSTS WITH 16" LONGPOLYPROPYLENE ORPOLYETHYLENE, 40 MIL., 1 WIDE STRAP. TOP STAKES 5' ABOVE GROUNDTOP STAKES 5' ABOVE GROUND(MAX.) OR TO FIRST BRANCH.(MAX.) OR TO FIRST BRANCH.BOTTOM OF STAKE 3' (MIN.)BOTTOM OF STAKE 3' (MIN.)BELOW GROUND. STAKING POSTSBELOW GROUND. STAKING POSTSTO BE 2"X2" STAINED WOOD ORTO BE 2"X2" STAINED WOOD ORPAINTED STEEL DELINEATORPAINTED STEEL DELINEATORPOSTS. PLACE 3 POSTSPOSTS. PLACE 3 POSTSEQUIDISTANT AROUND ANDEQUIDISTANT AROUND ANDOUTSIDE ROOT BALL. SECUREOUTSIDE ROOT BALL. SECURETREE TO POSTS WITH 16" LONGTREE TO POSTS WITH 16" LONGPOLYPROPYLENE ORPOLYPROPYLENE ORPOLYETHYLENE, 40 MIL., 1 POLYETHYLENE, 40 MIL., 1 WIDE STRAP.WIDE STRAP. PRUNE OUT MISDIRECTEDBRANCHES. LEAVE LEADERSINTACT.GUYING AND STAKING IS MANDATORYFOR ONE (1) YEAR ON ALLDECIDUOUS AND CONIFEROUS TREES:PLACE 4" DEPTH OF SPECIFIEDMULCH OVER PLANT PITS - DONOT PILE AGAINST TRUNK.FORM 3" DEEP WATERING BASIN.BACKFILL PLANT PIT WITHSPECIFIED BACKFILL SOIL.SCARIFY SIDES AND BOTTOM OFHOLE.REFER TO AMERICAN STANDARDFOR NURSERY STOCK FORMINIMUM BALL SIZE.SET ROOT BALL ON UNDISTURBEDSUBSOIL OR COMPACTED SOILMOUND MATCHING TREESNATURAL GROUNDLINE WITHFINISHED SITE GRADE. PRUNE OUT MISDIRECTED BRANCHES.PRUNE OUT MISDIRECTED BRANCHES.LEAVE LEADERS INTACT.LEAVE LEADERS INTACT.GUYING AND STAKING IS MANDATORYGUYING AND STAKING IS MANDATORYFOR ONE (1) YEAR ON ALLFOR ONE (1) YEAR ON ALLDECIDUOUS AND CONIFEROUS TREES:DECIDUOUS AND CONIFEROUS TREES:WHERE WRAPPING IS CALLED FOR:WHERE WRAPPING IS CALLED FOR:WRAP FROM GROUNDLINE UPWARD TOWRAP FROM GROUNDLINE UPWARD TOFIRST BRANCHES.FIRST BRANCHES.PLACE 4" DEPTH OF SPECIFIED MULCHOVER PLANT PITS - DO NOT PILEAGAINST TRUNK.FORM 3" DEEP WATERING BASIN.FORM 3" DEEP WATERING BASIN.BACKFILL PLANT PIT WITH SPECIFIEDBACKFILL PLANT PIT WITH SPECIFIEDBACKFILL SOIL.BACKFILL SOIL.REFER TO AMERICAN STANDARD FORREFER TO AMERICAN STANDARD FORNURSERY STOCK FOR MINIMUM BALLNURSERY STOCK FOR MINIMUM BALLSIZE.SIZE.SET ROOT BALL ON UNDISTURBEDSET ROOT BALL ON UNDISTURBEDSUBSOIL OR COMPACTED SOIL MOUNDSUBSOIL OR COMPACTED SOIL MOUNDMATCHING TREES NATURAL GROUNDLINEMATCHING TREES NATURAL GROUNDLINEWITH FINISHED SITE GRADE.WITH FINISHED SITE GRADE. SCARIFY SIDES AND BOTTOM OF HOLE. N 2 X BALL DIAMETER 2X BALL2X BALL DIAMETERDIAMETER 9 7 LANDSCAPE PLAN Civil Engineering Land Planning CAMPIONENGINEERINGSERVICES, INC. N CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14430 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT MODIFICATION TO ALLOW THE CONSTRUCTION OF A MULTI- FAMILY BUILDING COMPLEX OF 6-BUILDINGSWITH UP TO 23-UNIT BUILDINGS IN AN R-4 ZONING DISTRICT LOCATED AT 875 CENTURY AVE. SW. FACTS 1.Century Court III, LLCis the owner of a parcel of land located at875 Century Ave. SW,Hutchinson Minnesota; and, 2.The subject property is legally described as:Lot 000 Block 2 of Century Court Addition , Lot 1 Ex Tract Approx. 205. X 215’in the NE corner, in Hutchinson, MN. 3.Century Court III –Crowne Pointe Development, Inc.,hasapplied to the City for a conditional use permit to allow the construction of a multi-family building in an R-4 Zoning District located at 875 Century Ave. SW, HutchinsonMN. 4.The Planning Commission met on May 19, 2015and held a public hearing on the request and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the requestsubject to the following findings and conditions: a)The maximum density on the site (8.57 acres) shall be 124 apartment units. No building shall have more than 23 units in it. b)The required play area as outlined in section 154.059 (J) of the Hutchinson Zoning Ordinance must be constructed and maintained on-site by the developer. c)The City needs to obtain clarification from the County Environmentalist on the status of the wetland report prepared for this site. If the County identifies any wetlands, they will have to be addressed according to the County Environmentalist. d)The proposed building and site improvements shall comply with the standards of the R-4 district and the Zoning Ordinance, as well as all other City regulations. e)Any reconstruction of existing infrastructure within City of Hutchinson right of way or easement areas shall be the developer’s responsibility, including necessary improvements and associated costs. This work shall meet all of the City’s engineering standards and be approved by the City. f)The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work impacts roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn’t fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. g)The drainage and utility easement needs to encompass entire property. The northeast area of the lot currently does not have a drainage and utility easement. h)Any reconstruction ofexisting infrastructure within City of Hutchinson 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. Findings of Fact –Resolution # 14430 875Century Ave. SW Conditional Use Permit Page 2 i)There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feet from the buildings. j)Any exterior refuse collection area(s) must be fully screened. k)The standards for granting a conditional use permit would be met, subject to the conditions stated. l)The proposed building and site improvements shall comply with the standards of the R-4 zoning district and the Zoning Ordinance. m)The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. n)The Applicant must obtain all necessary permits for the construction of the proposed project. o)If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. p)Requirethe planting of 8’ evergreen screening trees along Cleveland Ave. SW and the west side of existing residence properties in the northeast corner adjacent to the development, to be approved by City Arborist, and require the installation of these trees before issuing a Certificate of Occupancy of the first building. Planting of the required screening trees along the east west internal road south of existing twin homes would be delayed until this street is constructed to alleviate root damage. 5.The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on May 26, 2015and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: a)The maximum density on the site (8.57 acres) shall be 124 apartment units. No building shall have more than 23 units in it. b)The required play area as outlined in section 154.059 (J) of the Hutchinson Zoning Ordinance must be constructed and maintained on-site by the developer. c)The City needs to obtain clarification from the County Environmentalist on the status of the wetland report prepared for this site. If the County identifies any wetlands, they will have to be addressed according to the County Environmentalist. d)The proposed building and site improvements shall comply with the standards of the R-4 district and the Zoning Ordinance, as well as all other City regulations. e)Any reconstruction of existing infrastructure within City of Hutchinson right of way or easement areas shall be the developer’s responsibility, including necessary improvements and associated costs. This work shall meet all of the City’s engineering standards and be approved by the City. f)The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work impacts roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within10 calendar days of the original disturbance. If the work isn’t fully completed within 10 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. g)The drainage and utility easement needs to encompass entire property. The northeast area of the lot currently does not have a drainage and utility easement. Findings of Fact –Resolution # 14430 875Century Ave. SW Conditional Use Permit Page 3 h)Any reconstruction of existing infrastructure within City of Hutchinson 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. i)There must be emergency service access around the building. Fire hydrants must be located no farther than 400 feetfrom the buildings. j)Any exterior refuse collection area(s) must be fully screened. k)The standards for granting a conditional use permit would be met, subject to the conditions stated. l)The proposed building and site improvements shall comply with the standards of the R-4 zoning district and the Zoning Ordinance. m)The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use requires approval of a new conditional use permit. n)The Applicant must obtain all necessary permits for the construction of the proposed project. o)If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. p)Requirethe planting of 8’ evergreen screening trees along Cleveland Ave. SW and the west side of existing residence properties in the northeast corner adjacent to the development, to be approved by City Arborist, and require the installation of these trees before issuing a Certificate of Occupancy of the first building. Planting of the required screening trees along the east west internal road south of existing twin homes would be delayed until this street is constructed to alleviate root damage. APPLICABLE LAW 6.The conditional use permit request meets the following standardsas required in Section 154.170 of the City of Hutchinson Municipal Code: (a)The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c)The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW 7.The requested conditional use permitisconsistent with the comprehensive plan. 8.The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. 9.The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations Findings of Fact –Resolution # 14430 875Century Ave. SW Conditional Use Permit Page 4 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permit allowing the construction of a multi-family buildingcomplexin an R-4 Zoning District located at 875 Century Ave. SW, Hutchinson MN is approved. Adopted by the City Council this 26thday ofMay, 2015. ATTEST: Matt JaunichSteven W. Cook City AdministratorMayor