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05-19-2009 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 19, 2009 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Chris Kovacic, Christie Rock, Chad Czmowski, Jim Fahey and Chairman Lofdahl. Absent: Farid Currimbhoy and Lynn Otteson. Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney, and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3.OATH OF OFFICE OF NEW PLANNING COMMISSIONER JIM FAHEY 4.CONSENT AGENDA a) Consideration of Minutes dated April 21, 2009. Mr. Kovacic moved to approve the consent agenda as submitted. Seconded by Mr. Czmowski. The consent agenda was approved unanimously. 5.PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS LOCATED AT SUPER 8 MOTEL, 1200 HWY 15 SOUTH, REQUESTED BY KAREN HERRMAN, HOMETOWN FIREWORKS Chairman Lofdahl opened the hearing at 5:35 p.m. with the reading of publication #7754 as published in the Hutchinson Leader on May 7, 2009. Ms. Bowers explained the request to allow tent sales of fireworks in the parking lot at Super 8 Motel. She noted it is very similar to a previous conditional use permit granted for the WalMart parking lot. The Hutchinson Municipal Code requires a conditional use permit for outside sale of fireworks and is subject to the City also approving an annual Transient Merchant License and Fireworks Permit. The proposed tent would be 30’ x 45’ to be located in the gravel parking lot in the southeast corner of the property. The tent would be located half on the gravel lot, half on the grass in order to maintain a clear drive aisle through the parking lot. There would be approximately 15 feet from the gravel parking area to the property line. The proposed tent set- ndth up this year would be June 22 with dismantling by July 7. Sale dates will be specified on the transient merchant license and fireworks permit. Ms. Bowers reported a conditional use permit is required for new locations and is subject to the City approving an annual Transient Merchant License and Fireworks Permit. A new conditional use permit will be required if the fireworks permit request is for a new location or if there are changes requested in a previously issued permit. Staff recommends approval of the conditional use permit with the following conditions: 1. A conditional use permit is approved to allow sales of fireworks in a tent at 1200 Hwy 15 S., according to the application details and site plan received by the City on March 31, Minutes Planning Commission – May 19, 2009 Page 2 2009. Fireworks sales may be allowed for the dates and conditions specified on the fireworks sales permit and transient merchant license issued annually. 2. Annual application and approval of a fireworks permit and transient merchant license are required for future renewals. Any changes to the operations or conditions would require approval of a new or amended conditional use permit. 3. The applicant must locate the property lines before placement of the tent and nothing may be placed within the right of way. 4. All display and sales areas must be kept secured. 5. Signage requires a separate sign permit prior to installation and may not be placed in the right of way. The Commission asked how many fireworks tent sales permits are issued and if there was a limit to the number of tent sales that are allowed. Staff stated there was one last year and there are two proposed this year. There is currently no number specified, however if there becomes an issue it could be considered in the review of new CUP applications. The City Attorney stated that the transient merchant license review is limited to a background check. Also discussed was how the tents are secured. Staff responded that generally the tents have a person on site 24 hours a day for security. Mr. Kovacic made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at 5:42 p.m. Mr. Fahey made a motion to recommend approval of the request with staff recommendations 1-5. Seconded by Mr. Czmowski, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held May 26, 2009, in the Council Chambers at 5:30 p.m. b) CONDITIONAL USE PERMIT TO ALLOW A MURAL ON THE NORTH WALL OF A BUILDING OWNED BY SKIP QUADE LOCATED AT 140 MAIN STREET NORTH REQUESTED BY KAREN (KAY) PETERSON Chairman Lofdahl opened the hearing at 5:43 p.m. with the reading of publication #7754 as published in the Hutchinson Leader on May 7, 2009. Ms. Bowers explained Kay Peterson is requesting approval of a conditional use permit for a mural to be placed on the north exterior wall of the building at 140 Main Street North, which is owned by Skip Quade. The wall faces the vacant lot that was formerly the Hutch Pet Hospital, which is now owned by the City. The lot has been identified as a future location for a downtown gateway park. The proposed mural would be 8’ x 64’, painted on a fiberglass sign panel, and fastened to the building. It would feature well-known Hutchinson people such as Mike Hogan, Lindsey Whalen, Les Kouba, etc. A conditional use permit shall be granted if the use meets the following standards: (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. Ms. Bowers reported on the following staff recommendation: Minutes Planning Commission – May 19, 2009 Page 3 1. The framing of the mural shall be enclosed to protect the building from the outside elements. Discussion followed on the ownership of the building and if there is a future change in ownership. Ms. Bowers stated the conditional use permit goes with the property and is not tied to a specific owner. Kay Peterson, 16 Grove Street South, explained the mural is her idea and will be done in panels on the building. She stated, should there be a change, the panels can be removed and placed elsewhere. Ms. Peterson owns the mural there are no public funds. Ms. Peterson stated there will be no advertising and no lighting on the sign. The EDA Board unanimously approved the mural. Mr. Albers, artist, presented the mural design and information on the proposed materials. He has developed a frame for the mural that would meet the recommendation of staff to enclose the mural to keep out animals and water from behind the mural. The Commission discussed the review letter from MNDOT, whether there would be lighting and discussed what is considered a sign. The applicant responded that no lighting is proposed. Staff stated that if lighting is added in the future, it would be reviewed to assure lights would not shine or glare onto the street. The Commission also discussed the concept of public art and relationship to the Public Arts Commission. Staff responded that there could be some debate over whether it is considered public art, as the mural is privately funded, privately owned, and installed on a privately owned building, however a very prominent location that will be viewed by the public. Ms. Peterson stated that this was discussed when she was on the City Council. The mural is a private project and future maintenance will be addressed. Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Fahey the hearing closed at 6:15 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Fahey, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held May 26, 2009, in the Council Chambers at 5:30 p.m. 6.NEW BUSINESS a) FINAL PLAT OF ENERGY PARK NORTH SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT LOCATED NORTH OF WARRIOR MFG Ms. Bowers explained previous actions on this property. She commented on the change to the street names, which was approved by the City Council with the preliminary plat. Staff stated the City has received the application for the street right of way plat for Hackbarth Street, which th would connect to 5 Avenue S.E. City staff has been working very closely with the project engineer, who has addressed the required revisions in the construction plans. Ms. Bowers explained the staff recommendations as follows: 1. A turnaround for emergency access shall be constructed at the end of the east-west road, th Benjamin Avenue. The turnaround shall be maintained until the road is connected to 5 Avenue SE. 2. Outlot A shall be replatted into adjacent property and shall not remain as a separate parcel. th 3. The street right of way for the extension of Hackbarth Street to 5 Avenue shall be platted after annexation of the County property west of Warrior Manufacturing. 4. No access will be allowed from the residential properties to the northwest to the subject property. Minutes Planning Commission – May 19, 2009 Page 4 5. No road crossing shall be constructed over the Luce Line trail on the north side of the property. 6. Utility, grading, and stormwater management plans are subject to approval of the City Engineer. 7. Significant buffering is required on the Northwest corner of the development abutting residential properties. Ms. Rock made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Kovacic, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held May 26, 2009, in the Council Chambers at 5:30 p.m. 7.OLD BUSINESS 8.COMMUNICATION FROM STAFF Ms. Bowers stated an amendment to the Telecommunications Ordinance will be at the June meeting. 9.ADJOURNMENT There being no further business the meeting adjourned at 6:24 p.m.