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PC Packet 09.16.14 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,September 16,2014 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDAUGUST 19, 2014 4.PUBLIC HEARINGS A.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF ONE TO TWO POLE & FABRIC TYPE TEMPORARY STORAGE STRUCTURESLOCATED AT 900HWY 7 W. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject B.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A RECYCLEABLE MATERIAL COLLECTION CENTER IN AN I-1 ZONING DISTRICT. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject C.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A MULTI-FAMILY BUILDING 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,August 19,2014 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. Meeting called to order at 5:31 by Chair Hantge. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDJULY 16, 2014 Motion by Norton, Second by Arndt. Motion passed. 4.PUBLIC HEARINGS A.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 1500 SQ. FT. DETACHED GARAGE LOCATED AT 989 JEFFERSON ST. SE. CommissionerNorton read aloud the meeting rules for the public hearing portion of the meeting. Chair Hantge introduced Item A. Mr. Dan Jochum addressed the Commission. Mr. Jochum statedthe proposed 37.5’ x 40’garage is for personal use. Mr. Jochum stated the garage appears to meet all applicable regulations and standards. Staff recommends approval as the conditions required to be met for the issuing of a C.U.P. are met by this application. Mr. Jochum identified the 3 standardsrequired to be met for issuing a C.U.P. nd Motion by Commissioner Arndt, 2by Commissioner Johnstonto close public hearing at 5:35pm. nd Motion by Commissioner Norton, 2by Commissioner Arndtto approve with staff recommendations. Motion passes. Mr. Jochum noted this item will be on the City Council consent agenda. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject Minutes Hutchinson Planning Commission August 19, 2014 Page 2 B.CONSIDERATION OF PRELIMINARY AND FINAL PLATOF WHITE HAWK VILLAGE SUBMITTED BY GUSTAV WURDELL, APPLICANT. Mr. Dan Jochum addressed the Commission and stated that staff felt the preliminary and final plats could be processedin conjunction with one another as this is a re-plat of a previously existing plat. Mr. Jochum stated the subject area was originally zoned as R-3 andplanned for four-plex homes prior to the construction market declinein the early 2000s.The first phase of the proposed project is 5 single-family homes and thenortherly portion of the plat is proposed to be an out lotwith future single-family homes. Mr. Jochum stated utility serviceswould be provided from the north side of the platted area of these lots as that is where they are currently available. Mr. Jochum stated that the min.lot size in the proposed Zoning District is 7200 sq. ft. Thesmallest proposed lot is 8000sq. ft. and thelargest is 11,500sq. ft. Mr. Jochum stated he has corresponded with the Hutchinson Utilities Commission staffregarding provision of services and they are already in place. Mr. Jochum noted the Airport Zoning District abuts this proposed plat in the SW corner. Approximately 270 sq. ft of Lot 1 is in the Zone A and there is no building allowedin this area. Zone B extends along the southwesterlyportion of Lot 1 andOut lot1. Mr. Jochum stated,after consulting with Mr. John Olson, the restrictions of the Airport Zoning Districts will not prohibitthe construction of single-family dwellingsof a typical size. Mr. Jochum proposed the following conditionbe included were this item to be approved by the Commission:Lots locatedin Airport ZoneB will not be allowed to have Accessory Structures and must comply with requirements of Airport Zoning District. Mr. Jochum stated Staff recommends approval. Staff believesthe proposal meets conditions A-Dand recommends approval with Conditions 1-10 and the one Mr. Jochum proposed. CommissionerJohnston asked to verify location of available utilities. CommissionerArndt asked if the existing street within plat was a private street. It is. Commissioner Arndt noted when the original plat of Ravenwoodwas developed there was a condition noted that there would be noise periodically from the nearby McLeod County Fairgrounds. Chair Hantge asked about drainage of this proposedplat. Minutes Hutchinson Planning Commission August 19, 2014 Page 3 Mr. Jochum stated the drainage from this area drains to the existing storm pond to the SW. Mr. John Olson affirmed this statement. Mr. Doug Hallof 1093 Blackbird Tr. SW –Mr. Hall noted that he is concerned about wildlife usingthedrainage pond being affected by drainage chemicals. Mr. Olson stated the function of the pond is to receive the volume of water from this area. It is a functional pond and the Public Works Dept. is experimenting with this pond currently by removing volunteer willows to promote growth of aquatic vegetation and isworking on all City ponds to address these water quality issues. JuleSchroeder of 1031 Blackbird Trail, President of Ravenwood Homeowner’s Association stated the Association’s main concern is White Owl Trail which is a narrow, private street. The Associationhas made Blackbird Trail parking on one side only. If future homes of single family are planned for north side of plat, the Association would like to know if the street is planned to become a public street. Mr. Jochum said it would not be likely due to the narrow widthof the existing street. Mr. GustavWurdell addressed the Commissionregarding pollution,the development is required to create and implement at SWPP to protect the adjacent land and water. The road to the north is not being plannedfor anything yet due to the brief timeline of the proposed development. Access is available from the west and east streets. Motion by Commissioner Arndt and Second by Commissioner Johnstonto close public hearing. Motion passed. Motion by Commissioner Arndt and Second by Commissioner Johnstonto approve with staff recommendations and Mr. Jochum’s proposal.Motion passed. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject C.CONSIDERATION OF A SITE PLAN AND A REZONING REQUEST FOR 875 CENTURY AVE. SW FROM AN R-3 TOAN R-4 ZONING DISTRICT. Mr. Jochum addressed the Commission. Mr. Jochum identified the location ofthe proposed project and surrounding land uses. Mr. Jochum provided an overview of the submitted site plan. 10-2 story buildings proposed of 12 units each, to be phased in over time. Hopeful to start a couple of units in fall of the 2014. Each building is planned to be approximately 60’x 130’. Buildings meet all applicable setbacks and zoning requirements in the proposed R-4 Zoning District. The subject property is currently Zoned R-3 which allows up to 8-unit buildings.360,000 sq. ft of land are required for the proposed number of Minutes Hutchinson Planning Commission August 19, 2014 Page 4 units and this proposal provides 373,000 sq.ft.20% of thisproject is proposed to be open space. 76,000 sq ft of open space is proposed and 75,000 sq.ft.isthe minimum required.309 parking spaces proposed, 300 required. 240 garage/driveways and 69 additional parking spaces throughout the project. Mr. Jochum noted that access to the site was a major concern with staff. 2 accesses at Sunset St. SW and 3 on CenturyAve. SW are proposed. Staff st proposes eliminating 1access west of CenturyAve. SW. Staff also recommends extendingthe south most internal streetto the west to the next connector street. Staff recommends the north east corner should have an access provided as the internal fire access road on the north is too long of a dead end. These recommendations have been communicated to the project engineer. Mr. Jochumstated the proposed streets are 22’ wide;Staff would like to establish a minimum of 24’ wide internal streets. Commissioner Arndt asked if KeithSt. SWwould extend through the plat. Mr. Jochum stated the internal street would remain a private street that would not be an extension of Keith St. Chair Hantgeasked about the anticipated phasing of the proposed project. Mr. Marty Campion, representing the applicant’s engineering firm, stated utilities are serving the property from the SW so that would be the area of initial construction. CommissionerArndt asked if the proposed pond would be an always wet pond, which way it woulddrain. Mr. John Olson statedthe general drainage directionis to the east and goes to the fairground ditch. Mr. Jochum noted the provision of a play area to the west of the pond to keep it separate from the pond as a recreation area. Mr. Jochum noted all internal streets would be private and the maintenance of them will bethe developer’s responsibility ChairHantge expressed concern with number of accesses onto Century Ave. Mr. Jochum noted staffhas met with Hutchinson Police Department, the Hutchinson Fire Department,and the City EngineeringDepartmentregarding access pointsto the proposed development. Staff’sconsensus was the recommendation for removal of theeastern mostaccess onto Century Ave. SW would be sufficient. Minutes Hutchinson Planning Commission August 19, 2014 Page 5 BurgessGruendemannof 899 Cleveland Ave. asked about access onto Cleveland Ave. Mr. Jochum stated 3 accesspointsonto Cleveland Ave. SWwill be proposed with the additional one recommended by staff. With 309 parking spaces, it is not anticipated to have any significant out of development parking. Mr. Grundeman asked if there was consideration of current residents with the increase of traffic. Mr. Jochum stated with 7 access points, the traffic is expected to be distributed fairly evenly throughout the development. Mr. Grundeman asked the Commission to consider the desire of theresidents on thecorner of Sunset St. SW and ClevelandSt. SWto have a berm or trees to separate the development. Mr. Jochum shared the proposed landscaping plan indicates that will be screening provided between the two types of residences. CommissionerJohnston asked if there is any proposed fencing proposed along property lines. Mr. Jochum stated there is not and naturalscreening is used much more now. Mr. Campion stated he has met with Mr. Jochum and Kent Exner and the developer is planning to comply with staff recommendations of access modifications. CommissionerArndt clarified that the proposed buildingswill be same asthe apartmentproperties to the immediate eastof the proposed project. Ms. Judy Peterson of 1216 Sunset ST. –Expressed concern for access behind her property. Does City have access to rear yard space? Mr. Jochum noted there is a drainage and utility easementcurrentlyin place. The proposed development will also be required to have a 5 foot utility easement. Bruce Naustdal of 1175 Dale St. SW –AskedMr.John Olson about proposed pond. Mr. Olson clarified that drainage will not be going to the existing Ravenwood drainage pond. Mr. Naustdal also expressed concernabout the provision of green spacewithin the proposed development. Mr. Naustdal noted that the City encouraged him to donate green space in past development projects he was a part of and is wondering if this is no longer a concern. Minutes Hutchinson Planning Commission August 19, 2014 Page 6 Mr. Jochum reiterated that there is a requirement for the project to provide20% minimum of open space and Parks and Playground Fee. No policy change for green space in developments.This proposal complies with the requirements. Mr. Naustdal asked to confirm that one of the entrances off of Centurywould be eliminated. Joyce Krycil of 1120 Keith St. noted thevolume of traffic on Keith St. should be a consideration. Ms. Krycil anticipates an increase in traffic and an increase in children to be a concern. Ms. Krycil also is concerned about City taxes being paid in a timely manner as she has heard the owner is regularly delinquent in property tax payment. Will street runoff be contained in the on-site pond. Not happy about all of the accesseson KeithSt. SWand ClevelandSt. SW. Mr. Jochum site stated drainage will go to pond. Chair Hantge asked Mr. Campion to approach the podium to ask if he was involved in the previous developments by Century Court as the Chair is concerned with the number of accesses onto SunsetSt. SW, KeithSt. SW, and Century Ave. SW being equal. Mr. Campion stated the intent is to minimize internal traffic circling and getting residents to outer streets as efficiently as possible. Mr. Jochum stated that during the Staff Meeting, discussion surrounded access proximity to intersection of SunsetSt. SWand CenturyAve. SW. Mr. Kent Exner noted in Staff Meeting that traffic congestion is not significant currently on the existing streets and believed the proposed flows are accessible. Chair Hantgeasked if there are traffic problems in the First Phase that are being addressed in this proposal. Staff wasunaware of currenttraffic problemsin the existing Century Court development. Mr. Campion noted that current traffic design parameters are different than original phase due to emergency service accesses. Mr. Jochumaddressed the Commission stating the proposed project will be 14 units per acre. Project is relatively consistent with Comprehensive Plan. The existing property to east of SunsetSt.SWis Zoned R-3 even though it is also developed with 12-unit buildings. Staff recommends approval with the 12attached recommendations. Motion by Commissioner Norton and Second by Commissioner Arndt to closethe public hearing.Motion passed. Minutes Hutchinson Planning Commission August 19, 2014 Page 7 Motion by Commissioner Arndt and Second by Commissioner Norton to approve the rezoningwith staff recommendations. Motion passed. Mr. Jochum noted public hearing is not required for Site Plan Approval. Motion by Commissioner Johnston and Second by CommissionerArndt to approve Site Plan. Motion passes. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject D.CONSIDERATION TO AMEND THE ZONING ORDINANCE TO ESTABLISH MICRO-BREWERIES AND TAP ROOMS AS CONDITIONAL USES WITHIN COMMERCIAL AND INDUSTRIALZONING DISTRICTS. Mr. Dan Jochum addressed the Commission. The proposed ordinance amendment is for the purpose of adding Tap Rooms and Brew Pubs to the C-2 through C-5 Zoning Districts.Mr. Jochum stated a Tap Room is a place where there is a brewery and a retail facility.A Brew Pub is a place where there is a brewery and a restaurant. Mr. Jochum recommended allowing Tap Rooms intheI-1Zoning Districts but not Brew Pubs. Chair Hantgeasked about Tap Rooms in I-1. Some communities permit bringing in food into Tap Rooms in I-1 districts. Administrator MarcSebora stated the distinction betweenTap Room and Brew Pubsis based upon volume of production. Chair Hantgeasked if this was discussed by the EDA. Mr. Sebora noted there is no food requirement with brewers unless they are a brew pub. Chair Hantgewondered if food delivery trucks would be desirable in I-1zoning districts. Mr. Jochum stated the original discussion in the development of the proposed language was that Industrial areas were included to allow a space for expansion of production space foragrowing Tap Room brewery. Mr. Jochum noted there is currently nothing prohibiting food vendors from being on site in Industrial Zoning Districts. Chair Hantgewould like to know if the EDA is in agreement with permitting this use in the Industrial park area. Minutes Hutchinson Planning Commission August 19, 2014 Page 8 Chair Hantgenoted the Industrial Park was intended to be an Energy Park. Is this type of business desirable in the Park? Motion by Commissioner Arndt and Second by Commissioner Norton moved to close the public hearing. Motion passed. Motion by Commissioner Nortonto not include the I-1 Zoning District and Seconded by Commissioner Johnston. Motion passed. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS None 6.NEWBUSINESS None. 7.COMMUNICATION FROM STAFF A.Upcoming Meetings Mr. Jochum noted 2 C.U.P. applications have been received for the October Planning Commission Meeting. Mr. Jochum noted the MN Planning Conference will be held the first week in October Wednesday through Fridayand would like to know if any of the Commissioners are interested in attending. John Olson invited the Commission members to an open house onSeptember 18 from 5:30pm–7:00pmin the City Center Council Chambers, for the purpose of updating theAirport Master Plan. The open house will consider “what ifs”to address future development at the airport. Mr. Jochum noted there has recently been a significant increase in PBZ activity with residential,national retailers,and multi-family developments. 8.ADJOURNMENT 9.Motion by Commissioner Norton and Second by Commissioner Arndtto adjourn meeting. Motion passed. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann,Dolf Moon,Mike Bahe, Dave Hunstad,Lee Miller,Jeff Page, Jean Ward, Judy Flemming, JohnWebster,John Olson, Lenny Rutledge,Kent Exner,John Paulson,Marc Sebora,Dan Hatten,Brian Mehr,Dan Jochum, Andrea Schwartz,and Kyle Dimler(Persons in attendance at Planning Staff Meeting in bold) Date:September 8,2014, forSeptember 16,2014,Planning Commission Meeting Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF ONE TO TWO POLE & FABRIC TYPE TEMPORARTY STORAGE STRUCTURES LOCATED AT 900 HWY 7 W. Applicant:BRIAN HILL–WESTINGHOUSE/NU CRANE CONDITIONAL USE PERMIT ALLOWING STORAGE STRUCTURES OF NON-LIGHT FRAME CONSTRUCTION Brian Hill, on behalf of Westinghouse/NuCrane (Applicant),is requesting aconditional use permitto allow the construction of one to two pole & fabric type temporary storage structuresonLot 1 Block 1of Hutchinson Manufacturing Second Addition.Theconditional use permitrequest is for storage unitsusing a construction method other than light frame within an I-1Zoning District.A Conditional Use Permitted is required for storage units in an I-1 Zoning District as noted in Sections154.067(C)and 154.123 (B) of the Zoning Ordinance. Conditional Use Permit 900 Hwy 7 W–Temporary Storage Planning Commission –9-16-14 Page 2 GENERAL INFORMATION Existing Zoning:I-1Light Industrial Park Property Location:900 Hwy 7 W Lot Size: 455’ x 433’(4.6 acres) Existing Land Use:Commercial/Industrial Adjacent Land Use And Zoning:C-4 Fringe Commercial, I-1 Light Industrial Comprehensive Land Use Plan:Industrial Zoning History: This parcel was within a C-4 (Fringe Commercial)zoning districtprior to its re-platting in May of 2009, at which time it was split from the Hutchinson Manufacturing Addition plat.The parcel was re-zoned to I-1 in October of 2009. Applicable Regulations:Sections154.067(C); 154.123 (B) Analysis: AConditional Use Permit (CUP) is required for storage units within theI-1 zoning district.A CUP is also, separately, required for storage buildings using a construction method other than light frame. The proposed structure(s)areapproximately 42’W x 48’L x 17’Hand will be detached structure(s)used forstorage. The Applicant’s submitted site plan indicates the proposed storage structures(s) are planned to be placed on the south side of the existing primary structure on thesite. The proposed location of the storage building(s) will serve to significantly limit its visibility from the Hwy 7 corridor. The proposed structure(s)appear to meet all applicable setbacks, as well as all other Zoning Ordinance requirements. This property is located within the Shoreland Management district. However, the proposed use would not increase the impervious lot coverage of this property. The following are standardsrequired to be metfor 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 900 Hwy 7 W–Temporary Storage Planning Commission –9-16-14 Page 3 (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. Staff expressed concern over the Applicant’s intended duration of use ofthe temporary structures. The Applicant previously stated the structures are anticipated to be used for up to approximately 2 years. After this time, the Applicant anticipates off-site, permanent storage facilities to have been constructed and become available within the City or local area. However, the length of use of the storage structures is not a prescriptivelyenumeratedcondition for the issuing of a CUP for storagestructures withinan Industrial zoning district. Conclusion: 1.The proposed structure is desirable and will contribute to the general welfare of the neighborhood in the subject location as it will eliminate unscreened outdoor storage of finished product produced at this location. 2.The proposed building 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 asthe useof the property will remain the same as the existing use of the property. 3.The proposed building 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 the approval of this request to the Planning Commissionsubject to the following conditions: 1.The standards for granting a conditional use permit would be met, subject to the conditions stated. 2.The proposed building and site improvements shall comply with the standards of the I-1district and the Zoning Ordinance. 3.The distance between the primary building and the storage building be great enough to meet building code requirements for building separations and roof snow loading from drifting due to proximity to the primary structure. 4.The applicant must inform the Planning Commission of the length of time the storage units will be used. 5.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. 6.The Applicant must obtain all necessary permits for the construction of the proposed structure(s). CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14322 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF TWOPOLE & FABRIC TYPE TEMPORARY STORAGE STRUCTURES LOCATED AT 900 HWY 7 W. FACTS 1.Mr. Tom Daggett,is the owner of a parcel of land located at900 Hwy 7 W,Hutchinson Minnesota; and, 2.The subject property is legally described as:Lot 1, Block 1 of Hutchinson Manufacturing Second Addition in Hutchinson, MN. 3.Brian Hill of Westinghouse/NuCrane,hasapplied to the City for a conditional use permit to allow the construction of one to two pole & fabric type temporary storage structures located at 900 Hwy 7 W, HutchinsonMN. 4.The Planning Commission met on September 16, 2014,and 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 standards for granting a conditional use permit would be met, subject to the conditions stated. b)The proposed building and site improvements shall comply with the standards of the I-1 district and the Zoning Ordinance. c)The distance between the primary building and the storage building be great enough to meet building code requirements for building separations and roof snow loading from drifting due to proximity to the primary structure. d)The applicant must inform the Planning Commission of the length of time the storage units will be used. e)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. f)The Applicant must obtain all necessary permits for the construction of the proposed structure(s). 5.The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on September 23, 2014,and 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 standards for granting a conditional use permit would be met, subject to the conditions stated. b)The proposed building and site improvements shall comply with the standards of the I-1 district and the Zoning Ordinance. Findings of Fact –Resolution # 14322 900 Hwy7 WConditional Use Permit Page 2 c)The distance between the primary building and the storage building be great enough to meet building code requirements for building separations and roof snow loading from drifting due to proximity to the primary structure. d)The applicant must inform the Planning Commission of the length of time the storage units will be used. e)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. f)The Applicant must obtain all necessary permits for the construction of the proposed structure(s). 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 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 two pole & fabric type temporary storage structures located at 900 Hwy 7 W, Hutchinson MN is approved. Adopted by the City Council this 23rdday ofSeptember, 2014. ATTEST: Marc SeboraSteven W. Cook Findings of Fact –Resolution # 14322 900 Hwy7 WConditional Use Permit Page 3 City AdministratorMayor DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann,Dolf Moon,Mike Bahe, Dave Hunstad,Lee Miller,Jeff Page, Jean Ward, Judy Flemming, JohnWebster,John Olson, Lenny Rutledge,Kent Exner,John Paulson,Marc Sebora,Dan Hatten,Brian Mehr,Dan Jochum, Andrea Schwartz,and Kyle Dimler(Persons in attendance at Planning Staff Meeting in bold) Date:September 8,2014, forSeptember 16,2014,Planning Commission Meeting Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A RECYCLABLE MATERIAL COLLECTION CENTER IN AND I-1 ZONING DISTRICT LOCATED AT 150 MICHIGAN ST SE Applicant:MCLEOD COUNTY CONDITIONAL USE PERMIT ALLOWING RECYCLE CENTER McLeod Countyis requesting aconditional use permitto allow the operation of a recyclable material collection center in an I-1 zoning districtonOutlot 1 Ex S17; & Ex N’ly 3.83 acres & Ex .27 ac of Auditors Plat of the West ½ of Section 5-T116N-R29W.A Conditional Use Permitted is required for recyclable bacterial collection in an I-1 Zoning District as noted in Section 154.067of the Zoning Ordinance. Conditional Use Permit 150 Michigan St SE –Recyclable Material Collection Planning Commission –9-16-14 Page 2 GENERAL INFORMATION Existing Zoning:I-1Light Industrial Park Property Location:150 Michigan St SE Lot Size: 5.09 ac. Existing Land Use:Commercial/Industrial Adjacent Land Use And Zoning:R-3 Medium-High Density Residential, I-1 Light Industrial Comprehensive Land Use Plan:Industrial Zoning History: A C.U.P. was granted in 1977 for a private recreational facility. In 2001 American Energy Systems was constructed on the site. Applicable Regulations:Sections154.067(C) Conditional Use Permit: The Conditional Use Permit (CUP) is required for recyclable material collectionin an I-1 zoning district.The structure that will be utilized is the existing American Energy Systems building located at 150 Michigan St. SE in Hutchinson.Staff understands this site would be used temporarily as the retrofit takes place at the McLeod th County recycling facility off of 5Ave SE. The facility is approximately 28,000 square feet in size and manufacturing/warehouse type facility.Access to nd the site is very good for both truck and passenger vehicle traffic off of Michigan St. and 2Ave. SE. The site appears to have adequate parking for employees and visitors alike. The loading dock is located on the northwest side of the building. 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 (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. Conditional Use Permit 150 Michigan St SE –Recyclable Material Collection Planning Commission –9-16-14 Page 3 Conclusion: 1.The proposed structure is desirable and will contribute to the general welfare of the neighborhood in the subject location as it will be consistent with other uses in the I-1 zoning district. 2.The proposed building 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 asthe useof the property will remain very similar to the existing use of the property. 3.The proposed building will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations, just as they are used today. Recommendation: Staff recommends the approval of this request to the Planning Commission due to the fact that the applicant’s request meets the standards for approving a conditional use permit provided above. If thePlanning Commission recommends approvalofthe applicant’s request, staff suggests the following conditions be part of the approval: 1.The standards for granting a conditional use permit would be met, subject to the conditions stated. 2.The proposed building and site improvements shall comply with the standards of the I-1district and the Zoning Ordinance. 3.No outdoor storage of materials is permitted. All storage must be inside. 4.The building must be properly sprinkled. 5.The City of Hutchinsonmust be informed if there materials going to be stacked high to the ceiling so that proper fire protection can be put in place for that type of storage. 6.The Applicant must obtain all necessary permits for any construction that would be needed. 7.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. 8.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. 9.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. CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14321 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A RECYCLABLE MATERIAL COLLECTION CENTER IN AN I-1 ZONING DISTRICT LOCATED AT 150 MICHIGAN ST. SE. FACTS 1.Duane Michael Haefner,is the owner of a parcel of land located at150 MichiganSt. SE,Hutchinson Minnesota; and, 2.The subject property is legally described as:Out lot1 EX S17’ & EXN’LY 3.83 ACRES & EX .27 AC. ofAuditors Plat of the West ½ of Section 5-T116N-R29W, 5.09 Acres, Hutchinson, MN. 3.McLeod County,hasapplied to the City for a conditional use permit to allow the operation of a recyclable material collection center in an I-1 zoning district located at 150 Michigan St. SE, HutchinsonMN. 4.The Planning Commission met on September 16, 2014,and 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 standards for granting a conditional use permit would be met, subject to the conditions stated. b)The proposed building and site improvements shall comply with the standards of the I-1 district and the Zoning Ordinance. c)No outdoor storage of materials is permitted. All storage must be inside. d)The building must be properly sprinkled. e)The City of Hutchinsonmust be informed if there materials going to be stacked high to the ceiling so that proper fire protection can be put in place for that type of storage. f)The Applicant must obtain all necessary permits for any construction that would be needed. g)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. h)If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. i)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. 5.The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on September 23, 2014,and 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: Findings of Fact –Resolution # 14321 150 MichiganSt SEConditional Use Permit Page 2 a)The standards for granting a conditional use permit would be met, subject to the conditions stated. b)The proposed building and site improvements shall comply with the standards of the I-1 district and the Zoning Ordinance. c)No outdoor storage of materials is permitted. All storage must be inside. d)The building must be properly sprinkled. e)The City of Hutchinsonmust be informed if there materials going to be stacked high to the ceiling so that proper fire protection can be put in place for that type of storage. f)The Applicant must obtain all necessary permits for any construction that would be needed. g)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. h)If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. i)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 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 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 operation of a recyclable material collection center in an I-1 zoning district located at 150 Michigan St. SE, Hutchinson MN is approved. Findings of Fact –Resolution # 14321 150 MichiganSt SEConditional Use Permit Page 3 Adopted by the City Council this 23rdday ofSeptember, 2014. ATTEST: Marc SeboraSteven W. Cook City AdministratorMayor DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann,Dolf Moon,Mike Bahe, Dave Hunstad,Lee Miller,Jeff Page, Jean Ward, Judy Flemming, JohnWebster,John Olson, Lenny Rutledge,Kent Exner,John Paulson,Marc Sebora,Dan Hatten,Brian Mehr,Dan Jochum, Andrea Schwartz,and Kyle Dimler(Persons in attendance at Planning Staff Meeting in bold) Date:September 8,2014, forSeptember 16,2014,Planning Commission Meeting Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A MULTIPE-FAMILY BUILDING IN AN R-4 ZONING DISTRICT LOCATED AT 875 CENTURY AVE SW Applicant:JOHN COLBY –CENTRUY COURT III/CROWNE POINTE CONDITIONAL USE PERMIT ALLOWING MULTI-FAMILY BUILDING IN AN R-4 Century Court IIIis requesting aconditional use permitto allow construction of a multiple-family buildingin an R-4zoning districtonLot 1 Block 2 of Century Courtat 875 Century Ave SW.The applicant is requesting to construct 10, 12 unit buildings on the property. A Conditional Use Permitted is required for multiple-family buildingsin an R-4Zoning District as noted in Section 154.059of the Zoning Ordinance. Conditional Use Permit 875 Century Ave SW –Multi-Family Building Planning Commission –9-16-14 Page 2 GENERAL INFORMATION Existing Zoning:R-4 High Density Residential (2 Family and Larger) Property Location:875 Century Ave SW Lot Size: 8.56ac. Existing Land Use:Bare Land Adjacent Land Use And Zoning:R-3 Medium-High Density Residential,R-2Medium Density Residential (1 or 2 family & duplexes), R-3 PD Medium-High Density Residential Planned Development, I/C Industrial/Commercial Comprehensive Land Use Plan:Medium Density Residential Zoning History: Originally platted as Century Court 12/20/1994 in the R-3 Zoning District Applicable Regulations:Sections154.059(C) Conditional Use Permit: The Conditional Use Permit (CUP) is required for multiple-family buildingsin an R-4zoning district. The building appear to meet all applicable zoning regulations. The Site Plan for the project was approved by the Hutchinson City Council on August 26, 2014. 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 (c)The proposed building or use willbe 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 projectis desirable and will contribute to the general welfare of the neighborhood in the subject location as it will utilize land that is currently vacant. Conditional Use Permit 875 Century Ave SW –Multi-Family Building Planning Commission –9-16-14 Page 3 2.The proposed projectis 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 asthe Site Plan approved by the City Council on August 26, 2014 appeared to meet all zoning ordinance requirements. 3.The proposed building 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 the approval of this request to the Planning Commission due to the fact that the applicant’s request meets the standards for approving a conditional use permit provided above. If the Planning Commission recommends approvalofthe applicant’s request, staff suggests the following conditions be part of the approval: 1.The standards for granting a conditional use permit would be met, subject to the conditions stated. 2.The proposed building and site improvements shall comply with the standards of the R-4 zoning district and the Zoning Ordinance. 3.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. 4.The Applicant must obtain all necessary permits for the construction of the proposed project. 5.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 voidand a new conditional use permit must be applied for. CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14323 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A MULTI-FAMILY BUILDING 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 September 16, 2014,and 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)Thestandards for granting a conditional use permit would be met, subject to the conditions stated. b)The proposed building and site improvements shall comply with the standards of the R-4 zoning district and the Zoning Ordinance. c)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. d)The Applicant must obtain allnecessary permits for the construction of the proposed project. e)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. 5.The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on September 23, 2014,and 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 standards for granting a conditional use permit would be met, subject to the conditions stated. b)The proposed building and site improvements shall comply with the standards of the R-4 zoning district and the Zoning Ordinance. c)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. Findings of Fact –Resolution # 14323 875 Century Ave. SWConditional Use Permit Page 2 d)The Applicant must obtain all necessary permits for the construction of the proposed project. e)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. 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 NOW, THEREFORE, BEIT 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 building in an R-4 Zoning District located at 875 Century Ave. SW, Hutchinson MN is approved. Adopted by the City Council this 23rdday ofSeptember, 2014. ATTEST: Marc SeboraSteven W. Cook City AdministratorMayor