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PC Packet 11.18.14 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,November 18,2014 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDOCTOBER 21, 2014 4.PUBLIC HEARINGS A.CONSIDERATION OF CONDITIONAL USE PERMITTO ALLOW THE CONSTRUCTION OF A 1,500 SQ. FT. DETACHED GARAGE LOCATED AT 55 NORTH HIGH DR. NE,SUBMITTED BY LUCAS RUNKE AND MATTHEW RUNKE, APPLICANTS. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject B.CONSIDERATIONOF CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE LOCATED AT 125 ERIE STREET SE IN AN I/C ZONING DISTRICT, SUBMITTED BY WILDFLOWER PROPERTIES, LLC, APPLICANT. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject C.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE LOCATED AT 135 MONROE STREET SE IN AN I/C ZONING DISTRICT, SUBMITTED BY WILDFLOWER PROPERTIES, LLC, APPLICANT. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS 6.COMMUNICATION FROM STAFF A.Upcoming Meetings 7.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,October 21,2014 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. Vice Chair Norton called the meeting to order at 5:30 pm. Members in bold were present Chair Hantge, Commissioner Lofdahl,Commissioner Johnston,Commissioner Kirchoff,Commissioner Norton, Commissioner Fahey, and Commissioner Arndt. Also present were Dan Jochum, Director of Planning, Marc Sebora, City Administrator/City Attorney,and Kyle Dimler, Planning and Building Specialist. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDSEPTEMBER 16, 2014 Motion by Commissioner Lofdahl, second by CommissionerJohnston to approve. Approvedunanimously. 4.PUBLIC HEARINGS A.CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF MENARD THIRD ADDITIONAND SITE PLAN APPROVAL FOR 1450 MONTREAL ST. SE,SUBMITTED BY VINCENT DRIESSEN, APPLICANT. Commissioner Johnston read meeting rules for public hearing aloud. Vice ChairNorton stated the agenda itemfor consideration by the Commission. Mr. Dan Jochum, City Planner, addressed the Commission. Mr. Jochum presented the Staff Report,included in Planning Commission packet,to the Commission. Mr. Jochum noted Lot 2, which is 1.03 acres,is reserved for future development. Minimum size of lot for development inthis zoning district is 1 acre. Mr. Jochum noted his thanks to the developer for presenting a very complete set of plans for staff review. Mr. Jochum stated the proposed building meets all required setbacks and zoning requirements. The building is anticipated to fit well in the area with regard to aesthetics and use. Mr. Jochum noted staff concerns with high amount of impervious surface due to excess parking space provision. Staff recommends eliminating 6 parking spaces, increasinggreen space on site.Staff recommendsshorteningparking spaces on Minutes Hutchinson Planning Commission October 21, 2014 Page 2 north and south sides of parking lots from 20’ deep to 18.5’ deep, allowing vehicle bumpers to overhang the parking area curbing and increasing green space on site. Staff noted a conditionof the plat is to bethat the remaining lot to the south will only be permitted to have one street access for its site. Mr. Jochum noted that the developer has provided vegetative screening for the truck loading dock areathat is expected to always have a truck in dock for loading. Mr. Jochum stated that the zoning ordinance requires 1 tree per 800 sq.ft.of landscaped area of the site. The proposed tree species are acceptable to the City Arborist;however the final landscape plan will be reviewed atthe time of building permit application. Staff recommends requiring an approximately 2’-3’high berm be constructed on the east side of building, in the landscaped area,with two rows of treesto provide additional screening for the trash compactor area. Commissioner Norton asked if the Staff recommendations have been communicated to the developer. Mr. Jochum asked Commission to consider the limited amount of vegetation on north sideof the site. Proposal does meet the standard but staff would like tosee morebalanced planting around site perimeter. Commissioner Norton asked if site screening for the Maurice’sdevelopment to the north was required at a similar level. Mr. Jochum noted the Maurice’sdevelopment had a shared access with limited green space. Commissioner Johnston noted reducing height of parking lot curbing to a B-5 or B-4 rather than a B-6 should be considered if approving Staff Recommendationto reduce parking lot area requiring vehicles to overhang curb. Commissioner Kirchoff asked to clarify if the drop off area shown on the plans is a drive-through.Mr. Jochum stated that Staff does not believe this portion of the building meets the intended use of the ordinance language requiring a C.U.P. for a drive through. Matt Poppel, representing General Contractorand applicant, addressed the Commission. Mr. Poppel noted the developer is willingto comply with the stated Staff Recommendations. Mr. Poppel noted the recommended modification ofthe parking area will increase landscaped area and require 3 additional trees on the site. Minutes Hutchinson Planning Commission October 21, 2014 Page 3 Mr. Jochum again noted the final landscape plan will be reviewed for approval at the time of building permit application. Motion by Commissioner Lofdahl/, seconded by Commissioner Kirchoff toclose thepublic hearing at 5:53pm. Motion by Commissioner Lofdahl, seconded by Commissioner Kirchoff to approvethe request with Staff recommendations of the addition of trees on the north side of the site, reduction of 6 parking spaces, and the construction of a 2’ – 3’berm on the east side of the building. The motion passed unanimously. This itemwill be on 10/28/14 City Council consent agenda. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS None. 6.COMMUNICATION FROM STAFF Mr. Jochum noted P/B/Z is up to 20 single family dwelling permits. Staff will be working on River Overlay District and other areas of zoning ordinance this winter. Staff would like to work to include Interim Use Permits. Mr. Sebora noted that City Council has been discussing modifications to Liquor Licensing Ordinance. First reading of ordinance was read at last meeting. Mr. Jochum noted the JPB has been working with an application for a CUP and Variance for a dairy operation on the northern edge of the JPA.Variance moved setback from 1320’ to 820’ from a neighboring property. Noted the JPB is advisory to the County Board. Mr. Sebora stated the topic will come up in the future of how well the JPB serves the interests of the City and whether the City should maintain involvement in the JPB. Mr. Jochum explained the City’s administrative involvement in the process and how it appears to give some of the public the impression that the City is responsible for the actions of theJPB. Mr. Sebora noted the A.Upcoming Meetings 7.ADJOURNMENT Motion by Commissioner Lofdahl, seconded by Commissioner Kirchoff to adjournthe meeting.Motion passed unanimously. 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, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Marc Sebora, Dan Hatten, Dan Jochum, Andrea Schwartz,and Kyle Dimler. Date:November 10,2014, forNovember 18,2014, Planning Commission Meeting Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 1,500 SQ FT DETACHED GARAGE LOCATED AT 55 NORTH HIGH DR. NE. Applicant:MR. LUCAS RUNKE AND MR. MATTHEW RUNKE CONDITIONAL USE PERMIT ALLOWING RECYCLE CENTER Mr. Lucas Runke and Mr. Matthew Runke arerequesting aconditional use permitto allow the construction of a 1,500 sq. ft. detached garage located at 55 North High Dr. NE. A Conditional Use Permitted is required for detached garages larger than 1,000 sq. ft., as noted in Section 154.026of the Zoning Ordinance. Conditional Use Permit 55 North High Dr. NE -1,500 sq. ft. garage Planning Commission –11-18-14 Page 2 GENERAL INFORMATION Existing Zoning:R-2 Property Location:55 North High Dr. NE Lot Size: .99ac. Existing Land Use:Single Family Dwelling Adjacent Land Use And Zoning:R-2 Medium DensityResidential,C-4 Fringe Commercial Comprehensive Land Use Plan:Low Density Residential Neighborhood Zoning History: Residential use with no recorded variances or conditional use permits Applicable Regulations:Section 154.026 Conditional Use Permit: The Conditional Use Permit (CUP) is required for accessory structures larger than 1,000 square feetin residential zoning districts.The proposed garage will be in the rear yard space located at 55 North High Dr. NE in Hutchinson. As noted above, the proposed structure is approximately 30 x 50’ or 1,500 square feet and will be a detached garage used for personal storage. The height of the proposed structure is approximately 13 feet to the roof mid-point. The height to the top of the structure is 15’ 4” which is less than the ordinance requirement of 16 feet to the roof mid-point. The proposed structure appears to meet all applicable setbacks, as well as all other Zoning Ordinance requirements.The garage will be accessed by a driveway along the west side of the house. The following arestandards 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 55 North High Dr. NE -1,500 sq. ft. garage Planning Commission –11-18-14 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 R-2zoning 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 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-2district and the Zoning Ordinance. 3.The Applicant must obtain all necessary permits for any construction that would be needed. 4.The conditional use permit shall remain in effect as long as the conditions requiredby 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. 5.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. 6.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. 14345 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 1,500 SQ. FT. DETACHED GARAGE LOCATED AT 55 NORTH HIGH DR. NE. FACTS 1.Mr. Lucas Runke and Mr. Matthew Runke,arethe ownersof a parcel of land located at55 North High Dr. NE,Hutchinson Minnesota; and, 2.The subject property is legally described as:That part and portion of the South Twenty (20) acres of the West Half of the Southeast Quarter of Section Thirty (30), township One Hundred Seventeen (117) North of Range Twenty-nine (29) West, now known as Lot 12, Auditor’s Plat of the South Half of Section 30 and the North Half of Section 31, Township 117, Range 29 described as follows: Commencing at a point 410 feet Eastof the Southwest corner of the Southeast Quarter of Section. Thirty (30) Township One Hundred Seventeen (117) North of Range Twenty-nine (29) West and 33 feet North of the South line of the Southeast Quarter of said Section 30, thence East parallel with the South line of the Southeast Quarter of said Section 30, a distance of 167.5 feet; thence North 260 feet; thence West on a line parallel with the South line of the Southeast Quarter of said Section 30, a distance of 167.5 fee; thence South 260 feet to the point of beginning. 3.Mr. Lucas Runke and Mr. Matthew Runke haveapplied to the City for a conditional use permit to allow the construction of a 1,500 sq. ft. detached garage, located at 55 North High Dr. NE, Hutchinson MN. 4.The Planning Commission met on November 18, 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 R-2 district and the Zoning Ordinance. c.The Applicant must obtain all necessary permits for any construction that would be needed. d.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. e.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. f.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 November 25, 2014,and has considered the recommendation and findings of the Planning Findings of Fact –Resolution # 14345 55 North High Dr. NEConditional Use Permit Page 2 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-2 district and the Zoning Ordinance. c.The Applicant must obtain all necessary permits for any construction that would be needed. d.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. e.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. f.If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permitshall 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 construction of a 1,500 sq. ft. detached garage located at 55 North High Dr. NE, Hutchinson MN is approved. Adopted by the CityCouncil this 25thday ofNovember, 2014. Findings of Fact –Resolution # 14345 55 North High Dr. NEConditional Use Permit Page 3 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, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Marc Sebora, Dan Hatten, Dan Jochum, Andrea Schwartz,and Kyle Dimler. Date:November 10,2014, forNovember 18,2014, Planning Commission Meeting Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE LOCATED AT 125 ERIE STREET SE IN THE I/C ZONING DISTRICT. Applicant:WILDFLOWER PROPERTIES, LLC CONDITIONAL USE PERMIT ALLOWING RECYCLE CENTER Wildflower Properties, LLC isrequesting aconditional use permitto allow a storage use and office for a transportation and bus company located at 125 Erie Street SE in anI/C zoning district.A Conditional Use Permitted is required for all uses in I/C zoning districts,as noted inSection 154.066of the Zoning Ordinance. Conditional Use Permit 125 Erie St. SE –Storage use Planning Commission –11-18-14 Page 2 GENERAL INFORMATION Existing Zoning:I/C Industrial/Commercial Property Location:125 Erie St. SE Lot Size: 16,905 sq. ft. Existing Land Use:Vacant, previously lumber yard storage Adjacent Land Use And Zoning:R-3Medium-HighDensityResidential,I/C Industrial Commercial Comprehensive Land Use Plan:MediumDensity Residential Neighborhood Zoning History: Residential use with no recorded variances or conditional use permits Applicable Regulations:Section 154.066 Conditional Use Permit: The Conditional Use Permit (CUP) is required for all uses in I/Czoning districts.The proposed use will be within a previously existing lumber supply storage facility at 125 ErieSt. SEin Hutchinson.The proposed use of a bus/vehicle company storing their vehicles in this building when not in use appears to be a good re-use of the lumber supply building. The applicant will be required to pave the front area of the building per City ordinance. 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. 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 R-2zoning district. Conditional Use Permit 125 Erie St. SE –Storage use Planning Commission –11-18-14 Page 3 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 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 I/Cdistrict and the Zoning Ordinance. 3.The Applicant must obtain all necessary permits for any construction that would be needed. 4.The front of the building that is currently gravel will need to be paved with an approved surface. 5.SAC and WAC fees will need to be paid for the change in use. 6.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. 7.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. 8.If the proposed use fails to start operation within one year ofthe 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. 14346 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE LOCATED AT 125 ERIE STREET SE IN AN I/C ZONING DISTRICT. FACTS 1.Wildflower Properties, LLC,isthe owner of a parcel of land located at125 Erie Street SE,Hutchinson Minnesota; and, 2.The subject property is legally described as:Lot Nine (9) and the North 62 feet of Lot Eight (8), Block Eighteen (18), Townsite of Hutchinson, South Half, Mcleod County, Minnesota. 3.Wildflower Properties hasapplied to the City for a conditional use permit to allow a storage use in an I/C zoning district located at 125 Erie Street SE, HutchinsonMN. 4.The Planning Commission met on November 18, 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/C district and the Zoning Ordinance. c.The Applicant must obtain all necessary permits for any construction that would be needed. d.The front of the building that is currently gravel will need to be paved with an approved surface. e.SAC and WAC fees will need to be paid for the change in use. f.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. g.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. h.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 November 25, 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/C district and the Zoning Ordinance. Findings of Fact –Resolution # 14346 125 Erie St. SE Conditional Use Permit Page 2 c.The Applicantmust obtain all necessary permits for any construction that would be needed. d.The front of the building that is currently gravel will need to be paved with an approved surface. e.SAC and WAC fees will need to be paid for the change in use. f.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. g.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. h.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 buildingor 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 a storage use in an I/C zoning district, located at 125 Erie Street SE, Hutchinson MN is approved. Adopted by the City Council this 25thday ofNovember, 2014. ATTEST: Findings of Fact –Resolution # 14346 125 Erie St. SE Conditional Use Permit Page 3 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, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Marc Sebora, Dan Hatten, Dan Jochum, Andrea Schwartz,and Kyle Dimler. Date:November 10,2014, forNovember 18,2014, Planning Commission Meeting Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE LOCATED AT 135 MONROESTREET SE IN AN I/C ZONING DISTRICT. Applicant:WILDFLOWER PROPERTIES, LLC CONDITIONAL USE PERMIT ALLOWING RECYCLE CENTER Wildflower Properties, LLC isrequesting aconditional use permitto allow a storage use located at 135 Monroe Street SE in anI/C zoning district. The applicant is proposing to utilize the building furthest to the south for storage, as well as a small portion of the largerbuilding (southeastern portion).A Conditional Use Permitted is required for all uses in I/C zoning districts,as noted in Section 154.066of the Zoning Ordinance. Conditional Use Permit 135 MonroeSt. SE –Storage use Planning Commission –11-18-14 Page 2 GENERAL INFORMATION Existing Zoning:I/C Industrial/Commercial Property Location:135 MonroeSt. SE Lot Size: 24,143sq. ft. Existing Land Use:Vacant, previously lumber yard storage Adjacent Land Use And Zoning:R-2Medium DensityResidential,I/C Industrial Commercial Comprehensive Land Use Plan:MediumDensity Residential Neighborhood Zoning History: Residential use with no recorded variances or conditional use permits Applicable Regulations:Section 154.066 Conditional Use Permit: The Conditional Use Permit (CUP) is required for all uses in I/Czoning districts.The proposed use will be within a previously existing lumber supply storage facility at 135 Monroe St. SEin Hutchinson.The applicant is requesting to use the existing building situated furthest south on the side for storage. The building will be partitioned off into “garage” spaces that will be rented out. In addition, the southeastern portion of the larger building is proposed to be used for storage purposes and is included in this request. It is highly likely there will be another CUP needed to establish a new use for the rest of the building on this lot. Staff believes this is a good re-use of a building that has been vacant since Pro Build Lumber closed. 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 135 MonroeSt. SE –Storage use Planning Commission –11-18-14 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 R-2zoning 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 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 conditionsstated. 2.The proposed building and site improvements shall comply with the standards of the I/Cdistrict and the Zoning Ordinance. 3.The Applicant must obtain all necessary permits for any construction that would be needed. 4.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. 5.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. 6.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. 14347 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE LOCATED AT 135MONROE STREET SE IN AN I/C ZONING DISTRICT. FACTS 1.Wildflower Properties, LLC,isthe owner of a parcel of land located at135 MonroeStreet SE, Hutchinson Minnesota; and, 2.The subject property is legally described as:Lots Six (6), Seven (7), and Eight (8) in Block Seventeen (17), Townsite (now City) of Hutchinson< South Half, Mcleod County, Minnesota, being in the Northeast quarter of Section Six (6), Township One Hundred Sixteen (116), Range Twenty-Nine (29), excepting from the above the Great Northern Railway right of way as it may intersect the described lots, according to the plat thereof on file and of record in the office of the Register of Deeds in and for said County and State. 3.Wildflower Properties hasapplied to the City for a conditional use permit to allow a storage use in and I/C zoning district, located at 135 MonroeStreet SE, HutchinsonMN. 4.The Planning Commission met on November 18, 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/C district and the Zoning Ordinance. c.The Applicant must obtain all necessary permits for any construction that would be needed. d.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. e.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. f.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 November 25, 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. Findings of Fact –Resolution # 14347 135 MonroeSt. SE Conditional Use Permit Page 2 b.The proposed building and site improvements shall comply with the standards of the I/C district and the Zoning Ordinance. c.The Applicant must obtain all necessary permits for any construction that would be needed. d.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. e.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be deemed null and void. f.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 undueadverse 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 a storage use in an I/C zoning district, located at 135 MonroeStreet SE, Hutchinson MN is approved. Adopted by the City Council this 25thday ofNovember, 2014. ATTEST: Findings of Fact –Resolution # 14347 135 MonroeSt. SE Conditional Use Permit Page 3 Marc SeboraSteven W. Cook City AdministratorMayor