Loading...
PC Packet 09.15.15 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,September 15, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDJULY 21, 2015 4.PUBLIC HEARINGS A.CONSIDERATION OF ACONDITIONAL USE PERMITTO OPERATE A RETAIL WATER VENDING BUSINESS WITH ADDITIONAL OFFICE TH SPACE AT 108 4AVE. NW IN A C-5 ZONING DISTRICT, RON WERTISH, APPLICANT Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS 6.NEWBUSINESS A.CONSIDERATION OF RESOLUTION NO. 2015-01FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 5, 6, 7, 8,11, 4-13, AND 4-14 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT OR REDEVELOPMENT OF THE CITY. 7.COMMUNICATION FROM STAFF A.Upcoming Meetings 8.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,July 21, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. The July 21, 2015 Planning Commission meeting was called to order by Chair Hantge at 5:31p.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 and Kyle Dimler Planning and Building Specialist. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDJUNE 16, 2015 Motion by Commissioner Arndt, Second by Commissioner Wickto approve. Approved unanimously. 4.PUBLIC HEARINGS A.CONSIDERATION OF AVARIANCETO REDUCE THE NORTHERN SIDE- YARD SETBACKFOR AN ACCESSORY STRUCTURE BY 38 INCHES ON THE PROPERTYLOCATED AT 107 MARK DR. NE,RONALD & JEANIE KALENBERG, APPLICANTS Chair Hantge announced the agenda item. Mr. Dan Jochum, City Planner addressed the Commission. Mr. Jochum reviewed the Staff Reportconcerning the application, which was included in the Planning Commission’s packet. Mr. Jochum reviewed the statutory requirements of a variance application meeting 3 specific practical difficulties in order for it to be approvedfor the Commission. Mr. Jochum presentedStaff’s review of the variance 3-part test concerning the application to determine if there is a practical difficulty in the applicant’s request. Minutes Hutchinson Planning Commission July 21, 2014 Page 2 Mr. Jochum stated Staff does believe it is a reasonable use to have a detached garage ona residential lot. Mr. Jochum noted Mr. Kalenberg’s difficulty with complying with the zoning ordinance is the property owner’s preference of where to locate the proposed structure on hisproperty and not a unique attribute of the piece of property itself. Mr. Jochum stated Staff does not believe that reconstructing the garage in the same location would change the essential character of the locality. Chair Hantge asked when the existing garage was constructed. Mr. Kalenberg stated the garage was likely constructed in 1968 with the development of the house on thislot. Mr. Jochum also noted that there a number of similar non-conformities elsewhere in the City as well. Commissioner Fahey asked how far the garage is currently from the house. Mr. Kalenberg stated the garage is currently 40” from the house and he is proposing to move the garage 60” from the house on his property. Chair Hantge asked if Staff believed there would be any legal ramificationsif the Commission determined the layout of the lot is in fact a practical difficulty. Mr. Jochum stated that it is the Commission’s decision to recommend approval or denial based upon Staff’s findings in the Staff Report and the Commission would need to articulate why it believes there is a practical difficulty with the subject property. Commissioner Fahey asked Mr. Jochum if he had any standard conditions that the Commission could include in the Commission’s decision to approve,should they choose to do that. Mr. Jochum noted the Commission would need to articulate why it believes the applicant’s request is a practical difficulty and that the difficultyis particular to this property. Motion by Commissioner Kirchoff, Second by Commissioner Arndtto closethe public hearing at 5:59 p.m. Commissioner Fahey motioned to approve the applicant’s request as a practical difficulty because the Commission believesrequiringthe garage to comply with the current zoning setback requirements and causing the garage to overlap the house would becreating a hardship for the applicant to maneuver vehiclesdue to the layout of the existing property. Minutes Hutchinson Planning Commission July 21, 2014 Page 3 Second by Commissioner Kirchoff. Motion approved unanimously. This item will be on the City Council’s consent agenda for July 28, 2015 at 5:30 p.m. Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS Mr. Jochum noted staff is still working on ordinance revisions regarding dynamic signs pertaining toreligious and institutional uses. Mr. Jochum also noted staff is continuing to workon development of the Interim Use Permit proposal for the Commission’s consideration. 6.NEWBUSINESS 7.COMMUNICATION FROM STAFF A.Upcoming Meetings Mr. Jochum noted that one application has been submitted for the August Planning Commission meeting. The application is for an annexation on North High Dr. NW just west of the Deer Park Apartments. 8.ADJOURNMENT Motion by Commissioner Arndt, Second by Commissioner Wickto adjourn the meeting at 6:05 p.m.Unanimously approved. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann,Dan Hatten,Dave Hunstad,Dolf Moon,Jean Ward,Matt Jaunich,John Olson,John Paulson,John Webster, Judy Flemming, Kent Exner,Miles Seppelt,Lenny Rutledge,Marc Sebora,Dan Jochum and Kyle Dimler(Persons in attendance at Planning Staff Meeting (in bold) Date:September 9,2015, forSeptember 15, 2015Planning Commission Meeting Application:Consideration of a Conditional Use Permit Applicant:Ron Wertish Conditional Use Permit th Ron Wertishis requesting aConditional Use Permit at 108 4Ave. NW to operate a retail water vending business (Water Depot) with additional office space in the building. The site was previously a car wash and the existing building will be remodeled to accommodate this use. All uses within the C-5 Zoning District require a Conditional Use Permit. C.U.P th 108 4Ave. NW Planning Commission –9/15/2015 Page 2 GENERAL INFORMATION Existing Zoning:C-5(Conditional Commercial) th Property Location:108 4Ave. NW Lot Size:.37 acres Existing Land Use:Car Wash Adjacent Land Use And Zoning:C-5(Conditional Commercial); R-2 across Highway 7 Comprehensive Land Use Plan:Commercial Zoning History:1996–variance for construction of car wash 1996–conditional use permit for car wash Applicable Regulations:Section 154.065;Section 154.170, Section 157 Building:The existing car wash building will be remodeled. Analysis: The applicant, Ron Wertish of Water Depotis requesting a conditional use permit to operate a self-service water vending business. In addition, to the self-service water vending Mr. Wertish is also requesting approval for future office space in the building. Mr. Wertish has opened several Water Depot locations over the past 10 years or so. The closest one to Hutchinson is in Litchfield with several more in southwest/west central Minnesota. Staff understands that a small portion of the existing building will be used for the Water Depot and the other portion of the building would be remodeled into offices. The proposed interior layout would include 375 square feet for the Water Depot use and four future office suites, three of which are 375 square feet and one that is 300 square feet. The existing car wash doors would be taken out and replaced with windows and doors. Site Layout/Parking Since this is a reuse of an existing building the site layout is not expected to change. Primary access will be off of Glen St. There is plenty of room for parking on the site as well. Per the zoning ordinance requirements the Water Depot portion of thesite will require 2 off street parking spaces to meet code. The future office space will require 8 parking spaces. Staff calculated the potential amount of parking spaces that the site could accommodate and that is 18 spaces. This is using the 300 square feet per parking space and drive isle for the entire parking lot that is laid out in the zoning ordinance. C.U.P th 108 4Ave. NW Planning Commission –9/15/2015 Page 3 Conditional Use Permit: The Conditional Use Permit (CUP) is required for abusiness in the C-5Zoning District. 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 generalwelfare 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. Recommendation: Staff recommends that Planning Commission approve the Conditional Use Permit with the following conditions because the request meets the standards for granting a Conditional Use Permit. Staff recommends approval of the conditional use permit with the following recommendations: 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-5district and the Zoning Ordinanceas determined by City Staff and the City Council. 3.The applicant is required to stripe 10 parking spaces for the site and have the location and size of the spaces approved by Staff. 4.Any signage for the usewill require a sign permit. 5.The conditional usepermit 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.If the proposed usefails 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. 14465 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF CONDITIONAL USE PERMIT TO OPERATE A RETAIL WATER VENDING TH BUSINESS WITH ADDITIONAL OFFICE SPACE AT 108 4AVE. NW IN A C-5 ZONING DISTRICT, RON WERTISH, APPLICANT. FACTS th 1.Ron Wertish isthe applicant andowner of a parcel of land located at 108 4Ave. NW, Hutchinson Minnesota; and, 2.The subject property is legally described as: Lots 1 and 2, Block 22, TOWNSITE OF HUTCHINSON, NORTH HALF, excepting therefrom Parcel 48 on Minnesota Department of Transportation Right of Way Plat Numbered 43-43, McLeod County, Minnesota 3.Ron Wertish,applicantandproperty owner,hasapplied to the City for a conditional use permitto operate a self-service water vending business with additional office space th at 108 4Ave. NW in a C-5 zoning District. 4.The property is located in the C-5(Conditional Commercial) Zoning District. 5.The request for a conditional use permit is required because ofSection 154.065 (C),as there are no permitted principal uses in the C-5 District. 6.Following a public hearing on the application, the City of Hutchinson Planning Commission has recommended approvalof the Conditional Use Permiton September15, 2015with the following findingsand 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- 5 district and the Zoning Ordinance as determined by City Staff and the City Council. c.The applicant is required to stripe 10 parking spaces for the site and have the location and size of the spaces approved by Staff. d.Any signage for the use will require a sign permit. 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.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. 7.The City Council of the City of Hutchinson reviewed the requested conditional use permitat its meeting on September 22, 2015and has considered the recommendation Findings of Fact–Resolution 14465 Conditional Use Permit th 108 4Ave. NW 9/15/2015 Page 2 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- 5 district and the Zoning Ordinance as determined by City Staff and the City Council. c.The applicant is required to stripe 10 parking spaces for the site and have the location and size of the spaces approved by Staff. d.Any signage for the use will require a sign permit. 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.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 8.The conditional use permit request meets the following standards as required in Section 154.175 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, arrangedand operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW 9.The requested conditional use permit is consistent with the comprehensive plan. 10.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. 11.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 Findings of Fact–Resolution 14465 Conditional Use Permit th 108 4Ave. NW 9/15/2015 Page 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permitto allow Ron Wertish, applicantandproperty owner,tooperate a self-servicewater vending business with th additional office space at 108 4Ave. NW in a C-5 zoning districtis hereby approved. th Adopted by the City Council this 22day ofSeptember, 2015. ATTEST: Matt JaunichGary T. Forcier City AdministratorMayor DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann,Dan Hatten,Dave Hunstad,Dolf Moon,Jean Ward,Matt Jaunich,John Olson,John Paulson,John Webster, Judy Flemming, Kent Exner,Miles Seppelt,Lenny Rutledge,Marc Sebora,Dan Jochum and Kyle Dimler(Persons in attendance at Planning Staff Meeting (in bold) Date:September 9,2015, forSeptember 15, 2015Planning Commission Meeting Application:Modification of TIF District/Consistency with Comprehensive Plan Overview The Hutchinson Economic Development Authority and the Hutchinson Housing & Redevelopment Authority are in the process of updating several Tax Increment Financing Districts in order to make use of existing tax increment. Specifically, the EDA is updating the plans for TIF Districts 5, 6, 7, 8, 11, 4-13 and 4-14 and Development District No. 4 to incorporate recent updates of statutory language and to identify potential areas for future redevelopment activities. In addition, the boundaries of Development District No. 4 are being redrawn to include all potential areas for redevelopment. The EDA’s primary goal will be to either remove or rehabilitate blighted structures within the Development District. The HRA is updating the plan for Tax Increment Financing District No. 4-8 (a housing district) so as to be able to utilize existing tax increment on various housingredevelopment activities. These activities could include housing rehabilitation, gap financing for the purchase of housing, purchase of substandard properties to either demolish or rehab,or land write-downs to encourage new housing development. The planning Commission is being asked to review these plans to ensure that they are consistent with the general plans for the development or redevelopment of the city. Economic Development Director Miles Seppelt will be on hand at Tuesday’s planning commission meeting to answer any questions the Commission might have. PLANNING COMMISSION CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA RESOLUTION NO. 2015-01 RESOLUTION OF THE CITY OF HUTCHINSONPLANNING COMMISSION FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4ANDMODIFICATIONSTO THE TAX INCREMENT FINANCING PLANSFOR TAX INCREMENT FINANCING DISTRICT NOS. 5, 6, 7, 8, 11, 4-13, AND 4-14CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT ORREDEVELOPMENT OF THE CITY. WHEREAS, the City Council for the City ofHutchinson, Minnesota, (the "City") has proposed to adopt a Modification to the Development Program for Development District No. 4,reflecting its increase in size, (the "Development Program Modification") and modificationsto theTax Increment Financing Plansfor Tax Increment Financing District Nos.5, 6, 7, 8, 11, 4-13, and 4-14(the "TIF Plan Modifications") therefor (the Development Program Modification and the TIF PlanModificationsare referred to collectively herein as the "Modifications") and has submitted the Modifications to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Modificationsto determine their conformity with the general plans for the development orredevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Modificationsconform tothe general plans for the development orredevelopment of the City as a wholeand that the TIF Districts are properly zoned and afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the project by private enterprise. Dated: September 15, 2015 _______________________________________ Chair ATTEST: ___________________________________ Secretary(Vice Chair)