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03-15-2011 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 15, 2011 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, Dean Kirchoff, Dave Johnston and Chairman Lofdahl. Absent: Jim Fahey Also present: Dan Jochum, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3.ELECTION OF OFFICERS Chairman Lofdahl called for nominations for Chairman. Mr. Kovacic nominated Mr. Lofdahl for Chairman. Seconded by Mr. Czmowski, the motion carried for Mr. Lofdahl as Chairman. Chairman Lofdahl called for nominations for Vice Chairman. Mr. Czmowski moved to nominate Mr. Kovacic for Vice Chairman. Mr. Kovacic declined the nomination. Mr. Kovacic nominated Mr. Johnston for Vice Chairman. Seconded by Mr. Czmowski, the motion carried for Mr. Johnston as Vice Chairman. Mr. Kirchoff made a motion to approve the nominations for Chairman and Vice Chairman. Seconded by Ms. Rock the motion carried unanimously. 4. CONSENT AGENDA a) Consideration of Minutes dated December 21, 2011 Ms. Rock moved to approve the consent agenda as submitted. Seconded by Mr. Johnston, the consent agenda was approved unanimously 5.PUBLIC HEARINGS a) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY RUNNINGS TO ALLOW A GARDEN CENTER IN THE PARKING LOT FROM MARCH 15 – JULY 30, 2011, AND OUTDOOR DISPLAY OF GARDEN SOIL, MULCH AND ROCK UNTIL NOVEMBER 1, 2011, LOCATED AT 1090 HWY 15 S Chairman Lofdahl opened the hearing at 5:35 p.m. with the reading of publication #7861 as published in the Hutchinson Leader on March 3, 2011. Mr. Jochum gave background on the request for a garden center in the parking lot at Runnings Farm and Fleet. He commented on the 72 parking spaces requested for the garden center. He reminded the Commissioners of the existing area in the rear of the building for outdoor display. He explained the request is to comply with City Code regarding outdoor storage and display. He commented on the number of parking spaces and research of the parking requirements. He explained the use of the parking generation manual which would require 4.9 spaces per 1000 sq. ft. of building instead of the 5.5 spaces per 1000 sq. ft. as required in the City Zoning Ordinance. Mr. Jochum explained the intention of the parking agreement with the Mall and commented on the change of Mall uses. He agreed there is not a parking shortage at the Mall or Runnings and the fact the parking located in the back of the Runnings site and Mall is underutilized. He commented on the parking space calculations for Runnings. He reported the staff supports the request, however, in reviewing the proposed number of parking spaces to be Minutes Planning Commission – March 15, 2011 Page 2 impacted and the number of months the garden center will be in use, staff recommends the thth garden center be limited to 50 spaces from March 15 to July 13 which is 120 days. Mr. Jochum stated he understands the advantage of being in front of the store with product. He explained staff would like to see consistency throughout the community regarding the duration of operation for garden centers that are permitted by conditional use and recommends they all be allowed to be up for 120 days or less. Mr. Jochum stated there is already a large outdoor sales and display area to the rear of the building that can be utilized in addition to the staff recommended 50 parking spaces in front of the building. Discussion followed regarding the 120 day limit and changing the dates. Mr. Jochum explained that any changes to the conditional use permit would need the Planning Commission to revisit and approve but would not need to reapply for a conditional use permit. He commented on staff recommendations as follows: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. Number of parking spaces used for the garden center shall be limited to 50 spaces, as shown on Figure 2 above. 3. The garden center will be in operation for no more than 120 consecutive days and start no thth earlier than March 15 and remain open no longer than July 13. 4. No structures, equipment or inventory shall be located in the garden center area except from thth March 15 to July 13. st not 5. The garden center is in operation until November 1 as requested by the applicant. 6. The garden center will not have a negative impact on traffic, circulation, and parking on the site, as determined by the Planning Director and City Engineer. If there is such a time when there is found to be a negative impact on traffic, circulation, and parking on the site the conditional use permit may be revised and may be amended accordingly to address any negative impacts related traffic, circulation and parking. 7. If the appearance of the Garden Center is not neat and tidy or is unsightly, as determined by the City, the conditional use permit may be revised and may be amended accordingly to address these issues. 8. The greenhouses and other garden center items shall be placed in such a manner as not to hinder sight lines for traffic on either the east or west side of the parking area that is being taken up by the garden center, as such the greenhouses shall be placed in the middle of the proposed area rather than on either end. 9. No bulk items will be allowed for outdoor sales or display. 10. Garden centers are not intended for outdoor storage, only for sales display. 11. Put up signage that indicates more parking is available in the rear of the building. Dave Wike, store manager, stated he does not have a problem with most of the requirements. He explained they are cutting back from last year with the new proposal which is greatly smaller than last year. He agreed 120 days is feasible for the garden center; however, in the Fall there are customers that purchase landscaping products. He would agree to change the request to October. Mr. Wike explained the need to have these items in the front and not the back. He stated 22 spaces would be sufficient for the pallets. He stated 50 spaces is too small for the th amount of product to be displayed. He explained the company is coming on April 9 to put up st the garden center. He would ask to change the starting date to April 1. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 6:01 p.m. Discussion followed on the 50 space requirement and the parking not being an issue. Mr. Jochum stated he understands there appears to be more than enough parking, however, the Mall allocation is not an option if the Mall is busier. Discussion followed on traffic flow. Chairman Lofdahl commented on using a portion of the drive isle and reconfiguring the parking to gain more square footage using 51 parking spaces. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, Mr. Minutes Planning Commission – March 15, 2011 Page 3 Kirchoff added he would approve of the changes to the staff recommendations as: #2 - change th from 50 to 51 spaces and delete “as shown on Figure 2 above”; # 3 - delete “March 15 and th stthth remain open no longer than July 13“and add April 1; #4 delete “March 15 to July 13 “and add 120 days after April 1st and delete #5. Seconded by Ms. Rock, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held March 22, 2011, in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY WALMART TO ALLOW A GARDEN CENTER IN THE PARKING LOT FROM APRIL 1 – SEPTEMBER 5, 2011, LOCATED AT 1300 HWY 15 S Chairman Lofdahl opened the hearing at 6:18 p.m. with the reading of publication #7861 as published in the Hutchinson Leader on March 3, 2011. Mr. Jochum commented on a request to allow a garden center in the Walmart parking lot. The request is to comply with City Code regarding outdoor storage and display. He explained the garden center will be located in the same area of the parking lot at last year. There are two areas indicated for the garden center as last year. There will be 60 parking spaces used in the main lot and 30 spaces in the overflow lot. There is sufficient parking provided at this site for the garden center use of 90 spaces. Mr. Jochum commented on the number of excess parking spaces. Mr. Jochum reported staff supports the request for a garden center however, would limit stth the use of the garden center days from April 1 to July 30 which is 120 days. He noted the conditional use permit is for sale and display only. Outdoor storage would require an enclosed fenced area. He noted garden centers are not intended for outdoor storage, only for sales display. He commented on staff recommendations as follows: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The garden center will be in operation for no more than 120 consecutive days and start no stth earlier than April 1 and remain open no longer than July 30. th not 3. The garden center is in operation until September 5 as requested by the applicant. 4. No structures, equipment or inventory shall be located in the garden center area except from stth April 1 to July 30. 5. No bulk items will be allowed for outdoor sale or display. 6. Garden centers are not intended for outdoor storage, only for sales display. Scott Hilgeman, store manager, explained typically over-stock has been placed to the southern area of the overflow parking next to the street. He stated he supports the 120 day limit of the garden center and reported the overflow area will be cleaned out by the end of May. Ms. Rock made a motion to close the hearing. Seconded by Mr. Kirchoff, the hearing closed at 6:25 p.m. Mr. Johnston made a motion to recommend approval of the request with staff recommendations excluding number 3 and modifying the overflow area moving the 30 spaces to the south. Seconded by Mr. Kirchoff, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held March 22, 2011, in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY SHOPKO TO ALLOW A GARDEN CENTER IN THE PARKING LOT BEGINNING MARCH 27 TO APPROXIMATELY SEPTEMBER 30, 2011, LOCATED AT 125 MAIN ST NORTH Chairman Lofdahl opened the hearing at 6:26 p.m. with the reading of publication #7861 as published in the Hutchinson Leader on March 3, 2011. Minutes Planning Commission – March 15, 2011 Page 4 Mr. Jochum commented on the request by ShopKo to allow a garden center in the parking lot that will use 55 parking spaces and be placed in the same area as previous years. The request is to comply with City Code. He reported on the parking area calculated in 1997, when the bank was being developed. He noted there is a cross parking agreement with ShopKo, the bank and the City. Calculations show there are sufficient parking spaces with the garden center. Mr. Jochum reported staff supports the request for a garden center, however, would limit the use of th the garden center to July 25 which is 120 days from when it is proposed to go up. He commented on staff recommendations as follows: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The garden center will be in operation for no more than 120 consecutive days, from March thth 27 to July 25. 3. No structures, equipment or inventory shall be located in the garden center area except from thth March 27 to July 25. 4. No bulk items will be allowed for outdoor sales or display. 5. Garden centers are not intended for outdoor storage, only for sales and display. Ian Butler, store manager, explained they are at the mercy of the vendor for setup of the garden th center and would ask to change the start date to March 30. He stated he has no problem with the end date of July. Mr. Jochum explained staff would like to see everything removed as close as possible to the ending date. Mr. Butler agreed he will work with the City and the vendor reminding staff there is limited flexibility. He stated he has no issue with the change of dates thth from March 30 to July 29. Ms. Rock made a motion to close the hearing. Seconded by Mr. Johnston, he hearing closed at 6:31 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff thth recommendations changing 2 and 3 to reflect March 30 to July 29. Seconded by Mr. Johnston, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held March 22, 2011, in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY THE PLANT PLACE TO ALLOW A GARDEN CENTER IN THE CASHWISE PARKING LOT BEGINNING APPROXIMATELY APRIL 15 - JULY 31, 2011, LOCATED AT 1020 HWY 15 SOUTH Chairman Lofdahl opened the hearing at 6:32 p.m. with the reading of publication #7861 as published in the Hutchinson Leader on March 3, 2011. Commissioner Cmowski left the meeting at 6:32 p.m. Mr. Jochum commented on the request by Mr. Schroer, owner of The Plant Place, to allow a garden center in the parking lot at Cashwise. Mr. Schroer is asking to use 35 parking spaces thth from April 15 to July 30. Mr. Jochum explained the garden center will be located in the same area as in previous years. The parking calculations show there is a sufficient number of parking spaces at Cashwise even with the garden center. This request is for less than 120 days and would meet the recommendation to limit the garden centers to 120 days. Mr. Jochum commented on staff recommendations as follows: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The garden center will be in operation for no more than 120 consecutive days, from April thth 15 to August 13. Minutes Planning Commission – March 15, 2011 Page 5 3. No structures, equipment or inventory shall be located in the garden center area except from thth April 15 to August 13. 4. No bulk items will be allowed for outdoor sale or display. 5. Garden centers are not intended for outdoor storage, only for sales display. st Mr. Shroer, owner of The Plant Place, asked to change the starting date to April 1 in order to th setup for the garden center. He stated the 120 days to July 30 is sufficient for his business. Mr. Kirchoff made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 6:35 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff stth recommendations changing dates on items 2 and 3 to April 1 to July 30. Seconded by Mr. Kirchoff, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held March 22, 2011, in the Council Chambers at 5:30 p.m. e) AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTIONS 154.004, 154.064, 154.067, AND 154.068, REGARDING SEXUALLY ORIENTED BUSINESSES Chairman Lofdahl opened the hearing at 6:37 p.m. with the reading of publication #7861 as published in the Hutchinson Leader on March 3, 2011. Mr. Jochum asked to table the item. He explained there are a few other references in Chapter 155 of the City Code that should also be amended. Atty. Sebora will research Section 155.05 referring to location of sexually oriented businesses specifically regarding state or federal wildlife area or preserve and if the City is totally in a wildlife preserve. Mr. Kovacic made a motion to table the item to next month. Seconded by Ms. Rock the motion carried unanimously. f) AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTION 154.37 D(4) AND E(11), REGARDING BANNER SIGNS Chairman Lofdahl opened the hearing at 6.41 p.m. with the reading of publication #7861 as published in the Hutchinson Leader on March 3, 2011. Mr. Jochum explained regulating banner signs through-out the City has been difficult with a difficult ordinance to enforce. He commented on the efforts the department has made to enforce the current ordinance. He explained the amendment would allow 3 permits for 15 days each per calendar year. Staff will continue to monitor off-premise signage which is not permitted. He stated staff is supportive of the proposed ordinance amendment and recommends approval. Discussion followed regarding window signs. Mr. Jochum explained the requirement of 40% of the entry space as window coverage for the entire building. Signs are not allowed on state right of way. Discussion followed to add language in 4 (B) to state banners are not allowed in public right of way or off premise from primary business. There was discussion of fairness and consistency. Mr. Johnston made a motion to close the hearing. Seconded by Mr. Kovacic, the hearing closed at 6:52 p.m. Mr. Johnston made a motion to recommend approval of the request with staff recommendations adding language to 4 (b) 6 regarding banners not allowed in public right of way or off premise. Seconded by Ms. Rock, the motion carried unanimously. Minutes Planning Commission – March 15, 2011 Page 6 g) AMENDMENT TO THE CITY CODE CHAPTER 54; STORMWATER MANAGEMENT ADDING LANGUAGE IN SECTION 54.05, USE OF STORMWATER PONDS Chairman Lofdahl opened the hearing at 6.54 p.m. with the reading of publication #7861as published in the Hutchinson Leader on March 3, 2011. Mr. Exner commented on issues over the years with stormwater ponds and activities on the ponds. He is concerned primarily in the winter when the ponds are ice covered. He explained there are inlets and outlets with moving water and ice can be compromised. He noted there is some swimming and jet skis in the summer month on the ponds. He reports stormwater ponds are studied for pollution. The effort is to keep people off the ponds. The stormwater ponds are City facilities. The ordinance will be a leverage to reinforce the regulation. There was a suggestion to replace the word watercraft with “any vehicle”. Mr. Jochum explained the language has been added to the Storm Water Management chapter of the City Code to define and regulate the public use of stormwater ponds in the City of Hutchinson. He stated staff is supportive of the proposed ordinance amendment and recommends approval. Mr. Kirchoff made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 6:59 p.m. Mr. Steve Bruhn, 924 Merrill Street S.W., asked what the depth of the ponds are in Hutchinson. Mr. Exner stated some are 8 feet deep. Mr. Bruhn asked if the river is a City facility. Mr. Exner stated the river is a natural waterway. Mr. Jochum commented on the liability to the City when people use them for recreational purposes. Mr. Bruhn commented on the placement of the ponds near residences and parks where children normally play. Mr. Exner explained that a stormwater collection and detention facility is not a natural water feature. He stated MN Dot ponds are deep. Mr. Exner explained the League of Minnesota Cities legal advice is not to fence ponds. Ms. Rock made a motion to recommend approval of the request with staff recommendations amending the language to “vehicle”. Seconded by Mr. Kirchoff, the motion carried unanimously. 6. NEW BUSINESS 7. OLD BUSINESS a) Mr. Jochum updated the commissioners on 1209 Lewis Ave. He has been working with the property management company to comply with the height violation. He explained Phase 1 was to remove the turrets. In Phase 2, a structural engineer will be involved to assess the building and Phase 3, plans will be given to City to reconstruct the building. He informed the rd commissioners that the 3 parcel was not properly combined at County to meet setbacks. The Bank will replat the property into one large property. The exterior must be completed can be and then marketed “as is”. Mr. Jochum stated the bank involved has been good to work with to get the house into compliance. 8. COMMUNICATION FROM STAFF a) COMPREHENSIVE PLAN UPDATE Mr. Jochum stated he has formalized the process and the City Council acted on a steering committee and approved the work plan. The steering committee will begin the process on Minutes Planning Commission – March 15, 2011 Page 7 th March 28. Steering committee meetings are open to the public to attend. They are not open- house meetings; however, there will be advertised open-house meetings during the process. 9. ADJOURNMENT There being no further business the meeting adjourned at 7:15 p.m.