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PC Packet 06.16.15 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,June 16, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDMAY 19, 2015 4.PUBLIC HEARINGS A.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE OPERATION AND SCREENING OF A RECYCLABLE MATERIALS COLLECTION CENTER WITHIN I-1 AND I-2 ZONING DISTRICTS LOCATED AT 1065 5 TH AVE. SE, MCLEOD COUNTY, APPLICANT Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS 6.NEWBUSINESS 7.COMMUNICATION FROM STAFF A.Airport Master Plan / Zoning Update B.Discussion of electronic signs for churches, schools, etc. C.Upcoming Meetings 8.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,May 19, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. The May 19, 2015 Planning Commission meeting was called to order by Chair Hantge 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 present were Dan Jochum, City Planner, Kyle Dimler, Planning and Building Specialist, Kent Exner, City Engineer, and Marc Sebora, City Attorney. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDAPRIL 21, 2015 Motion by Commissioner Kirchoff,Second by Commissioner Arndt toapprove. Approved unanimously. 4.PUBLIC HEARINGS A.CONSIDERATION OF CONDITIONAL USE PERMIT MODIFICATION AND SITE PLAN REVIEW TO ALLOW CONSTRUCTION OF A MULTI-FAMILY BUILDING COMPLEX OF 6-BUILDINGS WITH UP TO 23-UNIT BUILDINGS IN AN R-4 ZONING DISTRICT LOCATED AT 875 CENTURY AVE SW. Chair Hantge read a statement of the purpose of the Commission and process for the public hearing process. Dan Jochum, City Planner, addressed the Commission. Mr. Jochum stated this project originally applied for a CUP and Site Plan Review last August. This evening the Commission will review the site plan and the public hearing will be for the CUP only. Mr. Jochum reviewed the proposed site plan. The developer desires to use a phased in approach beginning in the SW corner of the subject property. Mr. Jochum reviewed the Staff Report for the Commission as included in the Commission’s packets for this meeting. Mr. Jochum noted the aesthetics of the proposed buildings are very similar to the previously submitted plans and the site layout is what is essentially proposed to be changed. Minutes Hutchinson Planning Commission May 19, 2015 Page 2 Mr. Jochum noted the maximum site density proposed by Staff is 117 units due to the size of this parcel of land. Mr. Jochum recommended setting a maximum site density of 117 units and allow the developer some discretion in the layout of the site with the requirement that any future site changes be brought to staff/the Commission for consideration. Mr. Jochum also noted this proposed site plan does not include on-site garages but does provide an adequate amount of on-site parking. Garages are notable to be required as they are not required in the City Zoning Ordinance. Mr. Jochum noted the proposed site plan does meet the requirements for open space but the site will require a play area for children in this use. Commissioner Arndt asked if the retention pond on site would be fenced. Marty Campion, developer’s engineer, stated it is not planned to be fenced. Mr. Jochum reviewed the proposed traffic flow plan and its intent to minimize thru-traffic. Mr. Jochum noted the proposed landscaping plan will be reviewed at the time of permit application. Commissioner Arndt asked where the retention pond is proposed to drain. City Engineer, Kent Exner stated the propose pond will drainto the southwest. Commissioner Kirchoff asked to clarify the rationale for Staff’s proposal of a maximum 117 units. Mr. Jochum stated it is based on the ordinance requirements. Commissioner Johnston asked for clarification of the pond design. Marty Campion addressed the Commission and clarified the design considerations of the storm water retention pond on the proposed site plan. Chair Hantge asked John Colby with Crowne Pointe development to explain why the proposed site design has changed from what was previously approved by the Commission. Mr. Colby stated the reason for the design change is due to market demand of studio units and single bedroom units based upon further market study. Commissioner Kirchoff asked if the developer would consider constructing some garages if they eliminated a building to achieve the proposed 117 maximum units. Minutes Hutchinson Planning Commission May 19, 2015 Page 3 Mr. Colby stated their market study indicated their anticipated client market does not place enough value on on-site garages to make the use of space for that purpose worthwhile. Motion by Commissioner Kirchoff, Second by Commissioner Johnston to close hearing at 5:52 p.m. Kirchoff motioned to approve with conditions 1-16 and the maximum of 117 units on the site, Second by Johnston. Unanimously approved. Item will be on next Tuesday’s City Council consent agenda. Commissioner Kirchoff asked to clarify the process to review any changes to the site layout based upon market demands as development progresses. Mr. Jochum noted that Staff is comfortable with the proposed site plan and will work with the developer for necessary changes unless they are drastically different from the proposal, at which point it would be brought back to the Planning Commission for consideration. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS Mr. Jochum noted Staff has been working through the process of implementing an Interim Use Permit in the Zoning Ordinance for the Commissions consideration. 6.NEWBUSINESS 7.COMMUNICATION FROM STAFF Tomorrow evening at 6:30 p.m. at Wayfinding Committee open house meeting will be heldat the City Center Council Chambers. A.Upcoming Meetings Mr. Jochum noted he is anticipating at least one application for the June Planning Commission meetingbut it has not been received yet and may moveto the July meeting. 8.ADJOURNMENT Motion by Commissioner Arndt, Second by Commissioner Kirchoff toadjourn the meeting at 5:57 p.m. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann,Dolf Moon, Mike Bahe, Dave Hunstad,Miles Seppelt,Jeff Page, Jean Ward, Judy Flemming, John Webster,John Olson,Lenny Rutledge, Kent Exner, John Paulson, Marc Sebora,Dan Hatten, Dan Jochum,Matt Jaunich, Andrea Schwartz,and Kyle Dimler(Persons in attendance at Planning Staff Meeting in bold) Date:June 9, 2015,forJune 16,2015, Planning Commission Meeting Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE OPERATION AND SCREENING OF A RECYCLABLE MATERIALS COLLECTION CENTER WITHIN I-1 AND I-2 ZONING DISTRICTS LOCATED AT 1065 5 TH AVE. SE, MCLEOD COUNTY, APPLICANT. Applicant:McLeod County CONDITIONAL USE PERMIT TO ALLOW THE OPERATION AND SCREENING OF A RECYCLABLE MATERIALS COLLECTION CENTER, INCLUDING OUTDOOR STORAGE OF MATERIALS. McLeod County is requesting a Conditional Use Permit to allow the outdoor storage of materials on their site, as well the operation of a Recyclable Materials Collection Center. There current Conditional Use Permit that has been in place since 1999 does not permit outdoor storage of materials and is only for the western portion of the site that contains the existing building and parking lot. Conditional Use Permit th 1065 5Ave SE–Recycling Facility/Outdoor Storage Planning Commission –6-16-2015 Page 2 GENERAL INFORMATION Existing Zoning:I-1Light Industrial Parkon East Side and I-2 Heavy Industrial Park onWest Side th Property Location:1065 and 1105 5Ave. SE. Lot Size: 10.28 acres on 4 separate lots. Existing Land Use:Industrial and Open Space Adjacent Land Use And Zoning:Land Use: Industrial and Open Space. Zoning: I-1 Light Industrial Park and I-2 Heavy Industrial Park. Comprehensive Land Use Plan:Industrial Zoning History: A conditional use permit was granted in 1999 for the operation of a recycling facility. In 2001 McLeod County was granted a variance for a parking lot setback. A variance for a parking lot setback was granted to Solitra in 1996. Another variance was issued to the Hutchinson Community Development Corporation in 1995 for a parking lot setback. Applicable Regulations:Sections154.067(C)(6); 154.115(C) Analysis: AConditional Use Permit (CUP) is required for recyclable material collection centers in the I-1 zoning district, as well as outdoor storage in commercial and industrial areas. The Applicant’s submitted site plan indicates a proposed fence (see attached) along the north side of the property, as wellas the east side of the property, and finally along the south side. Staff understands the applicant is requesting to install approximately 1,450 feet of pre-engineered 8 foot fencing around the perimeter of the property to screen the outdoor storage occurring on the site.Currently there is outdoor storage occurring on site in violation of the 1999 conditional use permit that was granted for the operation of the recycling facility.The existing outdoor storage is located on the east side of the current facility. It should also be noted that the Conditional Use Permit is also required to establish the recycling use on the easterly lot that is zoned I-1. Currently the outdoor storage is located on this lot, as well as on a portion of the western lot. 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; Conditional Use Permit th 1065 5Ave SE–Recycling Facility/Outdoor Storage Planning Commission –6-16-2015 Page 3 (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, utilityfacilities 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. Staff discussed this application at length on June 8, 2015 at the Planning Staff meeting. There were several concerns raised regarding the recycling operation and making sure the negative impacts of the operation are properly mitigated through the CUP process. Much of the discussion at the Planning Staff meeting centered around the outdoor storage currently existing on the site and making sure that it was properly screened in the future. There was also consensus to make sure thearea where outdoor storage may be allowed is delineated and that the outdoor storage be contained to the delineated area. The area where outdoor storagepotentially is allowed is to be of an improved impervious type surface such as concrete, asphalt, bitcon, or similar material. Staff was clear that the entire proposed fenced in area not be turned into outdoor storage.The height of the fence was also a topic of discussion. Staff felt that a 10 foot high fence that is 100% opaque would be more appropriate than a 8 foot fence. It appears that many of the piles of outdoor storage are already over 8 feet in height and a 10 foot fence would provide more screening. Conclusion: 1.The proposed useis desirable and will contribute to the general welfare of the neighborhood in the subject location as it will eliminate unscreened outdoor storage of recyclable materials and keep things from blowing away in the wind. 2.The proposed useis not anticipatedto 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.The conditions placed on the permit will mitigate the negative effects of the use. 3.The proposed usewill be designed, arranged, and operated so as to permit the development and use of neighboring propertyin 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 applicable standards of the zoning ordinance. 3.A fence of at least 10 feet in height must be built to screen any outdoor storage. 4.The fence must be 100% opaque. 5.The fence must be screened with coniferoustrees with trees spaced out 15feet apart along fenced areas. 6.Outside storage must be on an impervious surface such as concrete, asphalt, bitcon, or similar. 7.Outdoor storage may not exceed the height of the fence. 8.Items that can blow away shall not be stored outside. 9.Applicant is responsible for collecting all garbage that blows off site. Conditional Use Permit th 1065 5Ave SE–Recycling Facility/Outdoor Storage Planning Commission –6-16-2015 Page 4 10.The recycling facility shall obtain all applicable local and State permits to operate facility. 11.All improvementsmust be completed within 10weeks of Conditional Use Permit being issued. st 12.The applicant shall schedule an annual inspection on July 1each year to ensure compliance of Conditional Use Permit. 13.Outdoor storage is only permitted in the areas noted on Figure 1, which is on file with the City of Hutchinson. 14.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 conditionaluse requires approval of a new conditional use permit. CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14435 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO ALLOW THE OPERATION AND SCREENING OF A RECYCLABLE MATERIALS COLLECTION CENTER WITHIN I-1 AND I-2 ZONING DISTRICTS TH LOCATED AT 1065 5 AVE. SE, MCLEOD COUNTY, APPLICANT. FACTS th 1.McLeod Countyis the owner of a parcel of land located at1065 5Ave. SE,Hutchinson Minnesota; and, 2.The subject property is legally described as: A.Lot 8 & 9, Bock 1, First Addition to Hutchinson Industrial District; B.Lot Ten (10) in Block One (1) in FIRST ADDITION TO HUTCHINSON INDUSTRIAL DISTRICT, according to the plat thereof on file and of record in the office of the Registrar of Titles, McLeod County, Minnesota. EXCEPTING THEREFROM an easement over and across the western most fifty feet of said tract of land described above which Grantor reserves for itself for the purpose of constructing, maintaining and improving gas and electrical services in the easement area. Grantor is entitled to place equipment, apparatus and material in the easement area as it sees fit to operate, improve and maintain said electric and gas services. C.Beginning at a point 105 feet West of a point 1446.5 feet South of the Northeast corner of the Northwest Quarter of Section Five (5), in Township One Hundred Sixteen (116), North of Range Twenty-nine (29) West; thence running South 724.2 feet to the center of the Glencoe and Hutchinson Public Road; Thence North 66 degrees West along the center line of said Public Road, 424 feet; thence West along the center line of said Public Road, 113 feet; thence North 548.2 feet; thence East 495 feet to the point of beginning, now known as Lot 8 of Auditor’s Plat of the West Half of Section 5, Township 116, North of Range 29 West. 3.McLeod Countyhasapplied to the City for a Conditional Use Permit to allow the operation and outdoor storage andscreening of a recyclable materials collection center within I-1 and I-2 Zoning th Districts located at 1065 5Ave. SE, HutchinsonMN. 4.The Planning Commission met on June 16,2015and 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 applicable standards of the zoning ordinance. c.A fence of at least 10 feet in height must be built to screen any outdoor storage. d.The fence must be 100% opaque. Findings of Fact –Resolution # 14435 1065 5th Ave. SEConditional Use Permit Page 2 e.The fence must be screened with coniferoustrees with trees spaced out 15feet apart along fenced areas. f.Outside storage must be on an impervious surface such as concrete, asphalt, bitcon, or similar. g.Outdoor storage may not exceed the height of the fence. h.Items that can blow away shall not be stored outside. i.Applicant is responsible for collecting all garbage that blows off site. j.The recycling facility shall obtain all applicable local and State permits to operate facility. k.All improvements must be completed within 10weeks of Conditional Use Permit being issued. st l.The applicant shall schedule an annual inspection on July 1 each year to ensure compliance of Conditional Use Permit. m.Outdoor storage is only permitted in the areas noted on Figure 1, which ison file with the City of Hutchinson. n.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.The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on June 23, 2015and 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 applicable standards of the zoning ordinance. c.A fence of at least 10 feet in height must be built to screen any outdoor storage. d.The fence must be 100% opaque. e.The fence must be screened with coniferoustrees with trees spaced out 15feet apart along fenced areas. f.Outside storage must be on an impervious surface such as concrete, asphalt, bitcon, or similar. g.Outdoor storage may not exceed the height of the fence. h.Items that can blow away shall not be stored outside. i.Applicant is responsible for collecting all garbage that blows off site. j.The recycling facility shall obtain all applicable local and State permits to operate facility. k.All improvements must be completed within 10weeks of Conditional Use Permit being issued. st l.The applicant shall schedule an annual inspection on July 1each year to ensure compliance of Conditional Use Permit. m.Outdoor storage is only permitted in the areas noted on Figure 1, which is on file with the City of Hutchinson. n.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 # 14435 1065 5th Ave. SEConditional Use Permit Page 3 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 ofthe 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 operationand screening of a recyclable materials th collection center within I-1 and I-2 zoning districts located at 1065 5Ave. SE, Hutchinson MN is approved. Adopted by the City Council this 23rdday ofJune, 2015. ATTEST: Matt JaunichGary T. Forcier City AdministratorMayor