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PC Packet 04.21.15 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,April 21, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDMARCH 17, 2015 4.PUBLIC HEARINGS A.Consideration of conditional use permit to allow the remodeling of a residential home in the C-3 Zoning District, Katherine Kuhlmey, applicant. B.Consideration of an amendment to the City Code of Ordinances, Chapter 157: River Overlay District. 5.NEW BUSINESS None 6.UNFINISHED BUSINESS None 7.COMMUNICATION FROM STAFF A.Upcoming Meetings 8.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,March 17, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. Chair Hantge called the meeting to order at 5:30 p.m. Members in bold were present Chair Hantge,Commissioner Kirchoff, Commissioner Johnston,Commissioner Norton, Commissioner Arndt, Commissioner Wick,and Commissioner Fahey.Also presentwere Dan Jochum, City Planner, Kyle Dimler Planning and Building Specialist, and Marc Sebora, City Attorney. 2.PLEDGE OF ALLEGIANCE 3.SWEARING IN OF BRAD WICK City Attorney Marc Sebora administered the oath of office for Planning Commissioner Brad Wick. Mr. Wick was welcomed to the Commission 4.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDJANUARY 20, 2015 Motion by Commissioner Norton and second by Commissioner Fahey to approve the minutes as presented.Motion approved unanimously. 5.PUBLIC HEARINGS None 6.NEW BUSINESS A.Discussion of possible revisions to the River Overlay Zoning District ordinance. Mr. Dan Jochum, City Planner addressed the Commission. Mr. Jochum noted recent D.A.V. projectin the River Overlay Zoning District that had been approved even though itdid not strictly meet all the regulations of this section of the zoning ordinance. Mr. Jochum stated he would like to have an open dialogue with the Commission of possible revisions to this ordinance. Mr. Jochum reviewed the areas surrounding the River Overlay district and the borders of it to give the Commission some context of the area affected by this ordinance. Mr. Jochum asked the Commission to consider if this ordinance’s regulations should be modified, if the district itself should be modified, or if the ordinance is needed at Agenda Hutchinson Planning Commission April 15, 2014 Page 2 all, understanding that Staff is not making a recommendation regarding any of these but requesting the Commission to consider and discuss these options. Mr. Jochum reviewed in general the parcels available for development within the River Overlay Zoning District. Mr. Jochum noted the District has some challenges for development given the limited amount of developable land and the extent of the Ordinance regulations in this district. Commissioner Norton stated he is in favor of leaving the ordinance for the interpretation of the Commission as needed on a project by project basis. Mr. Jochum commented that looser criteriain this ordinance, as mentioned by Commissioner Norton, makes the application of the ordinance difficult for Staff. Chair Hantge stated she would not be in favor of removing the ordinance. Commissioner Fahey noted the development of this area is market driven and it is difficult to tell an applicant their project is not allowed when the area is currently in large part not in compliance with the ordinance. Mr. Jochum suggested possibly removing the last sentence of 157.06 (B) (5) thereby allowing staff and the Commission discretion in determining if a proposed project would comply with the ordinance. Mr. Marc Sebora, City Attorney, stated the suggested change would be a good starting point for the Commission to be able to achieve their intended goalswithin the River Overlay Zoning District. The Commission recommended Staff make the proposed language change and submit it for formal action during a Public Hearing at the next regularPlanning Commission meeting. B.Discussion of possible creation of an Interim Use Permit ordinance. Mr. Jochumaddressed the Commission. The Commission has superficially discussed the possibility of an Interim Use Permit in the past and Mr. Jochum stated Staff believes the City ought to formally consider implementing the use of an Interim Use Permit through the Zoning Ordinance. Mr. Jochum shared that the Interim Use Permit is being adopted by more and more municipalities. The I.U.P. allows the City to regulate uses that are for a defined period of time. This is different from a C.U.P. which carries with the affected parcel of land throughout time. The Commission held general discussion of possible uses and benefits of an I.U.P. Agenda Hutchinson Planning Commission April 15, 2014 Page 3 Mr. Jochum suggested the Commission consider directing Staff to create a draft ordinance to be considered at the next Planning Commission meeting. The Commission gave direction to present a draft ordinance for the Commission to consider. C.Other discussion items regarding Ordinances or Planning Initiatives Mr. Jochum asked if there are any items that the Commission would like to direct Staff to investigate or work on during this year. Commissioner Norton asked for an update on the status of the MidCountryBank drive through project. Mr. Jochum stated the applicant for that project had withdrawn its application. Imagine Hutchinson, Gateway, and a Wayfinding signage master plan are some projects that staff have been working on recently. Mr. Jochum noted the Staff involved with the Wayfinding project is working towards a public meeting for information to be shared in April and the project is anticipated to be finished by the end of June. 7.UNFINISHED BUSINESS None 8.COMMUNICATION FROM STAFF A.Upcoming Meetings Mr. Jochum shared that an application has been received and will be on the agenda for the April 2015 meeting for a C.U.P. for the remodeling of residential use located in a commercial district. 9.ADJOURNMENT Motion by Commissioner Johnstonand second by Commissioner Arndt to adjourn the meeting at 6:24 p.m. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Hatten, Dave Hunstad, Dolf Moon,Jean Ward, John Olson, John Paulson, John Webster, Judy Flemming, Kent Exner, Jeff Page,Lenny Rutledge, Marc Sebora, Mike Bahe, Dan Jochum and Kyle Dimler (Persons in attendance at Planning Staff Meeting (in bold) Date:April 15, 2015, for April 21, 2015, Planning Commission Meeting Application:Conditional Use Permit for Single Family Home Remodel in C-3 Zoning District at 234Jefferson St. SE. Applicant:Katherine Kuhlmey GENERAL INFORMATION Existing Zoning:C-3–Central Commercial District Property Location:234 Jefferson St. SE Lot Size:66’ x 132’ or .20 acres Existing Land Use:Single Family Home Adjacent Land Use And Zoning:C-3–Central Commercial Comprehensive Land Use Plan:LowDensity ResidentialNeighborhood –2 to 4 units per acre Zoning History:C-3 for past 45years. Applicable Regulations:City Code of Ordinances Sections 154.063(C)(7). Transportation:The property will be accessed Jefferson St. SE and from the alley between Jefferson St. and Hassan St. Physical Characteristics:66’ x 132’ Analysis: The Conditional Use Permit (CUP) is required for remodeling single family homes within the C- 3–Central Commercial Zoning District. The applicant intends to remodel the home and live in it. This house has always been a residential use even though the zoning is C-3. Staff understands that someone lived in the home and after the owner moved out the home was for sale and didn’t sell. Approximately three years ago the home went into tax forfeiture and McLeod County held it until it was sold on auction. An individual bought it from McLeod County throughtax forfeiture and subsequently listed it for sale. The applicant, Ms. Kuhlmey purchased the property from the owner that bought it through the tax forfeiture process. It should be clearly noted that the zoning for this property is C-3 Central Commercial and is not zoned R-1 or R-2. Technically the property is classified as a legal non-conforming use and furthermore, single-family homes within the C-3 zoning district can be remodeled through a Conditional Use Permit. There was a period of time the home wasn’t lived in but the home was for sale. Staff understands if a home that is non-conforming is for sale, it retains its legal non- conforming status. It should also be noted that this area was zoned commercial back in the late 1960s. There has been some redevelopment that has occurred in this area since then, including the Madsen Peterson Building to the south and the pharmacy building to the west. Staff feels there isn’t demand for further redevelopment in this area at this time. A single familyhome may be the highest and best use for this parcel. One of the key themes of the Imagine Hutchinson Downtown Action Plan was having strong neighborhoods and housing stock surrounding the downtown area. Studies have shown a downtown area is only as strong as the neighborhoods surrounding downtown. This request will add investment into a property that hasn’t seen investment in many decades. Staff recommends approval of the CUP if the Planning Commission believes the standards for granting a ConditionalUse Permit can be met. Conditional Use Permit: 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 isin 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 propertyin 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 the Comprehensive Plan future land use designation. 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 as the use of 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 approval of the 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 C-3 district 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. 5.The physical size of the home may not be expanded. 6.The remodel project shall be completed within 18 months of the building permit being issued. 7.The exterior of the home shall be improved to meet building code and all other city codes within 12 months of the conditional use permit being issued. 8.The rear alley shall remain clear during construction. 9.The building will require a new certificateof occupancy upon completion of the project. CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14420 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW THE REMODELING OF A RESIDENTIAL HOME IN THE C-3 ZONING DISTRICT, KATHERINE KUHLMEY, APPLICANT. FACTS 1.Katherine Kuhlmeyisthe owner of a parcel of land located at234 Jefferson St. SE,Hutchinson Minnesota; and, 2.The subject property is legally described as:Lot 4,Block 26 Townsite of Hutchinson, South Half 3.KatherineKuhlmeyhasapplied to the City for a conditional use permit to allow the remodeling of a residential home in the C-3 zoning district at 234 Jefferson St. SE, HutchinsonMN. 4.The Planning Commission met on April 21, 2015,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 C-3 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. e.The physical size of the home may not be expanded. f.The remodel project shall be completed within 18 months of the building permit being issued. g.The exterior of the home shall be improved to meet building code and all other city codes within 12 months of the conditional use permit being issued. h.The rear alley shall remain clear during construction. i.The building will require a new certificate of occupancy upon completion of the project. 5.The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on April 28, 2015,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 C-3 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 ineffect as long as the conditions required by the permit are observed. e.The physical size of the home may not be expanded. Findings of Fact –Resolution # 14420 234 Jefferson St. SEConditional Use Permit Page 2 f.The remodel project shall be completed within 18 months of the building permit being issued. g.The exterior of the home shall be improved to meet building code and all other city codes within 12 months of the conditional use permit being issued. h.The rear alley shall remain clear during construction. i.The building will require a new certificate of occupancy upon completion of the project. APPLICABLE LAW 6.The conditional use permit request meets the following standardsas required in Section 154.063(C) 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 remodeling of a residential home in a C-3 zoning district at 234 Jefferson St. SE, Hutchinson MN is approved. Adopted by the City Council this 28thday of April, 2015. ATTEST: Matthew JaunichGaryT. Forcier City AdministratorMayor DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Hatten, Dave Hunstad,Dolf Moon,Jean Ward, John Olson, John Paulson, John Webster, Judy Flemming, Kent Exner,Jeff Page,Lenny Rutledge, Marc Sebora, Mike Bahe, Dan Jochum and Kyle Dimler (Persons in attendance at Planning Staff Meeting (in bold) Date:April 15, 2015, for April 21, 2015, Planning Commission Meeting RE:Consideration of Amendment to City Code Chapter 157–River Overlay District RIVER OVERLAYDISTRICTORDINANCE AMENDMENTS Staff has deleted a small section of the River Overlay District based on feedback obtained at the March 17, 2015 Planning Commission Meeting. The Architectural Design and Quality section of the ordinance has been amended and the following language was deleted from Chapter157.06 (B) (5): Temporary structures, pole type construction, and metal sheds are not permitted. This change will allow the Planning Commission, City Council and Staff to utilize the information set forth in Chapter157.06 which regulates Architectural Design and Quality but still allow the flexibility for various types of construction methods. The following is howChapter157.06(B) (5) is proposed to read: (5)Quality, durable, building materials are required, such as brick, stone, stucco, rock face concrete block, and other durable attractive materials. Temporary structures, pole type construction, and metal sheds are not permitted. Please see the following page for the entire language ofChapter157.06. Recommendation: th Staff reviewed the proposed ordinance amendment at the April 13planning staff meeting. Staff is supportive of the proposed ordinance amendment and recommends approval. The Planning Commission should provide feedback on the ordinance and consider public hearing comments in their recommendation to the City Council. PUBLICATION NO. _____ ORDINANCE NO. 15-0738 AN ORDINANCE AMENDING CHAPTER 157.06 RIVER OVERLAYZONING DISTRICT THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1.Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend Section 157.06regarding the River Overlay Zoning Districtas follows: § 157.06 ARCHITECTURAL DESIGN AND QUALITY. (A)New buildings shall be designed and built with consideration for design quality including building height and massing, colors and materials and the character of the architecture. Community objectives include: (1)Require new development to be appropriately designed and scaled to maintain a small town feeling. (2)Complement historic character with building styles appropriate to downtown. (3)Anchor the gateway with new, high qualitybuildings set on the two north corners of the intersection. (4)Reflect the massing and character of the historic power plant in the new development to express the historic downtown architectural character. (5)Express a riverfront town character by establishing river view corridors and massing new development to preserve these views, being respectful of the waterfront and adjacent parkland. (B)The following standards shall apply to construction within the River Overlay District to meet community objectives for architectural design and quality: (1)Building design review is required for all new buildings requiring site plan review within the Overlay District to determine if the building meets the community objectives identified above. (2)Architecture of new buildings shall be respectful of riverfront views in scale and design. (3)Building design that reflects traditional historic main street design and traditional store fronts is encouraged, such as two-story buildings with flat roofs, store front windows, easily identifiable main entrances, and awnings. (4)Building shall be designed with four-sided architecture, with all four sides receiving design attention, quality materials, and exterior treatments. (5)Quality, durable, building materials are required, such as brick, stone, stucco, rock face concrete block, and other durable attractive materials. Temporary structures, pole type construction, and metal sheds are not permitted. (6)Environmentally friendly/green building design and technology such as green roofs are encouraged. (Ord. 08-0500, passed 5-13-08) EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Adopted by the City Council this 12th day of May, 2015. Attest: ________________________________________________________ Matt JaunichGary T. Forcier City AdministratorMayor First reading of the Ordinance: April 28, 2015 Second reading of the Ordinance: May 12, 2015