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04-19-2011 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 19, 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, Chad Czmowski, Dave Johnston, Jim Fahey and Chairman Lofdahl. Absent: Dean Kirchoff and Christie Rock Also present: Dan Jochum, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated March 15, 2011 Mr. Kovacic moved to approve the consent agenda as submitted. Seconded by Mr. Johnston, the consent agenda was approved unanimously 4.PUBLIC HEARINGS a) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING OUTDOOR FENCED AREA AS AN OUTDOOR STORAGE AND DISPLAY LOT FOR ONLINE AUCTIONS LOCATED AT FAHEY SALES AGENCY, 904 HWY 15 SOUTH Chairman Lofdahl opened the hearing at 5:33 p.m. with the reading of publication #7870 as published in the Hutchinson Leader on April 7, 2011. Mr. Fahey excused himself from the table. Mr. Jochum explained that last month the conditional use permits were for garden center sales and display. This month the requests are for outdoor storage and display to come into compliance with the City Code. Mr. Jochum explained the request is to allow the use of an existing outdoor fenced area as an outdoor sales lot for online auctions. He reported the fenced area is located northwest of the realty building and west of the Head Start building on the property. He commented on the fenced area being used for outdoor display long before the realty business was located on the site. He stated the property is screened and fenced to meet the requirements of the ordinance and the request does not impact traffic and circulation. He stated staff recommends approval of the request with the following conditions: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The outdoor sales area must be located as shown on attached diagram. 3. The outdoor sales and display area must be screened from any residential zoning districts. 4. The outdoor sales lot 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, Minutes Planning Commission – April 19, 2011 Page 2 the conditional use permit may be revised and may be amended accordingly to address any negative impacts related to traffic, circulation and parking. 5. If the appearance of the outdoor sales area 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 the issue. Mr. Ray Otte, 875 Lynn Rd., asked about the type of materials that will be stored in the fenced area. He also questioned the amount of extra traffic there may be to Clinton Ave. Mr. Jochum explained this use has been occurring already and the City doesn’t regulate what items may be in the fence. He stated Items being auctioned online will be stored in the fenced area. Mr. Otte stated he has not noticed extra traffic in the area. Mr. Jochum stated the conditional use permit does not have to be renewed yearly. The City will require the conditions are addressed. Mr. Czmowski made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 5:39 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations 1-5. 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 April 26, 2011 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AND DISPLAYS LOCATED AT MENARDS, 1525 MONTREAL STREET S.E. Chairman Lofdahl opened the hearing at 5:40 p.m. with the reading of publication #7870 as published in the Hutchinson Leader on April 7, 2011. Mr. Jochum commented on the request for outdoor display on 15 parking spaces in the parking lot at Menards. He commented on the total number of parking spaces on the site and stated there is adequate parking at Menards and parking and circulation will not be impacted by the proposed outdoor display and sales. He commented on the analysis of the parking spaces. He explained staff suggested the 120 day limit for display. He noted this request is different than the garden center requests. Discussion followed on the difference of the garden center and outdoor display. There was also discussion of the parking space shortage. Mr. Jochum reported the use of 15 parking spaces is a minor impact on the parking lot. He stated that garden centers are seasonal and fit in the 120 day limit. The request from Menards is a year around display and is existing. Staff has not had complaints with this business. Staff would recommend approval of the request with the following recommendations noting number 2 should read outdoor storage and display: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The number of parking spaces used for the garden center shall be limited to 15 parking spaces, as shown on the approved diagram, which is attached. 3. The outdoor sales and display area will be in operation for no more than 120 consecutive days and no structures, equipment or inventory shall be located in the area besides during the 120 days. 4. The outdoor sales display 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 to traffic, circulation and parking. 5. If the appearance of the outdoor sales display 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. Minutes Planning Commission – April 19, 2011 Page 3 Aaron Morrissey, Menards Real Estate, questioned the 120 day maximum. He stated trailers are sold all year and he would like to continue with the trailer sales all year. He explained it is proven there is no shortage of parking on the site. He stated the City approved the number of spaces before the store was constructed. He explained only trailers will be displayed in the parking spaces and not in drive areas. Discussion followed on the 120 day limit as it pertains to this issue. Mr. Jochum stated this is a less intense use and staff would agree with year round display. Mr. Johnston made a motion to close the hearing. Seconded by Mr. Czmowski, the hearing closed at 5:53 p.m. Mr. Fahey made a motion to recommend approval of the request with staff recommendations changing number 2 to read outdoor storage and display and to modify number 3 by striking 120 days. Seconded by Mr. Johnston, discussion followed on the 120 day limit. The motion carried with Mr. Fahey, Mr. Czmowski, Mr. Johnston and Chairman Lofdahl voting aye and Mr. Kovacic voting nay. Chairman Lofdahl stated this item will be placed on the City Council regular agenda at their meeting held April 26, 2011 in the Council Chambers at 5:30 p.m. c) AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTIONS 154.004, 154.064, 154.067, 154.068, 155.03, AND 155.05 REGARDING SEXUALLY ORIENTED BUSINESSES th (Tabled from March 15 Planning Commission meeting) Chairman Lofdahl opened the hearing at 5:58 p.m. with the reading of publication #7870 as published in the Hutchinson Leader on April 26, 2011. Mr. Jochum reminded the Commissioners this item was tabled from last month to review an additional section of the City Code regarding sexually oriented businesses. He stated there has been an inconsistency in the zoning ordinance between adult oriented or sexually oriented businesses. The amendment makes the City ordinances consistent. Mr. Jochum explained the amendment will add a definition for sexually oriented business. He commented the 25% is related to magazines, novelties, inventory, etc. The main purpose of the amendment is to clean up the inconsistencies and to locate sexually oriented businesses in industrial districts. Mr. Jochum commented on the changes in the Anti-blight regulations. He explained State law mandates sexually oriented business must be allowed somewhere in the City. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Fahey, the hearing closed at 6:09 p.m. Mr. Czmowski made a motion to recommend approval of the request with staff recommendations. 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 April 26, 2011 in the Council Chambers at 5:30 p.m. 5.NEW BUSINESS 6.OLD BUSINESS Minutes Planning Commission – April 19, 2011 Page 4 7.COMMUNICATION FROM STAFF a) COMPREHENSIVE PLAN UPDATE – STEERING COMMITTEE MEETING #1 SWOT ANALYSIS Mr. Jochum updated the Commissioners on the first meetings of the Comprehensive Plan steering committee. He explained SWOT stands for Strengths, Weaknesses Opportunities and Threats. There will be a public meeting at the Events Center in May. Mr. Jochum suggested the Planning Commissioners attend as their input is important. 8.ADJOURNMENT There being no further business the meeting adjourned at 6:12 p.m.