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PC Packet 11.17.15 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,November 17, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDSeptember 15, 2015 4.PUBLIC HEARINGS A.CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT AN ACCESSORY STRUCTURE OVER1,000 SQ. FT. IN SIZE TTHAT IS ALSO A POLE BUILDING AT 1485 SOUTH GRADE RD SW IN A R-1 ZONING DISTRICT, DOUGLAS ANDERSON, APPLICANT Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS 6.NEWBUSINESS A.DISCUSSION REGUARDING APPROPRIATE LOCATION FOR MICRO DISTILERIES AND COCKTAIL LOUNGES 7.COMMUNICATION FROM STAFF A.Upcoming Meetings 8.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,September 15, 2015 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. The September 15, 2015 Planning Commission meeting was called to order by Chair Hantge at 5:30p.m. Members in bold were present Chair Hantge, Commissioner Kirchoff, Commissioner Johnston(resigned),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 DATEDJULY 21, 2015 Motion by Commissioner Norton, Second by Commissioner Arndt to approve. Motion approved unanimously. 4.PUBLIC HEARINGS A.CONSIDERATION OF ACONDITIONAL USE PERMIT TO OPERATE A RETAIL WATER VENDING BUSINESS WITH ADDITIONAL OFFICE TH SPACE AT 108 4AVE. NW IN A C-5 ZONING DISTRICT, RON WERTISH, APPLICANT Commissioner Norton read statement explaining rules of procedure for the public hearing portion of the evening’s meeting. ChairHantge presented the agenda item for consideration. Dan Jochum, Planning Director, addressed the Commission. Mr. Jochum noted that the public hearing notice for an annexation application had been mailed out but had subsequently been withdrawn by the applicant. Mr. Jochum shared that all uses in the C-5 zoning district are required to obtain a Conditional Use Permit as there are no permitted uses in this zoning district. Mr. Jochum reviewed the applicant’s intent and plan drawings, as stated and included in the submitted application and the Planning Commission packet, for the benefit of the Commission. Mr. Jochum noted the access to the parcel is from Glen St. NW on both the north and south side of the existing building. Minutes Hutchinson Planning Commission September 15, 2015 Page 2 Mr. Jochum stated Staff recommends 10 striped parking spaces for this facility, locations to be approved by Staff rd Mr. Ronald James Wertish, 227 E 3St. Redwood Falls,MNaddressed the Commission. Mr. Wertish asked when he would be required to stripe the parking spaces required by the Staff recommendation. Mr. Jochum noted the parking would be required prior to operation of the business. Chair Hantge asked about the hours of business proposed for the system. Mr. Wertishstated the business would operate 24 hours a day, 7 days a week. Commissioner Arndt asked about the filtering processused by the proposed business. Mr. Wertish explained the filtering process and the business format for the Commission. Motion made by Commissioner Arndt, Second by Commissioner Fahey to close the public hearing at 5:39 p.m. Motion approved unanimously. Motion by Commissioner Fahey to approve with conditions as recommended by staff, Second by Commissioner Norton. Motion was approved unanimously. This item will be on the consent agenda at the Tuesday, September 22, 2015 City Council meeting at 5:30 p.m. 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. Minutes Hutchinson Planning Commission September 15, 2015 Page 3 Mr. Jochum stated the intent for the ensuing presentation is for the Planning Commission to make a determination as to whether the proposed resolution is consistentwith the City Comprehensive Plan. Miles Seppelt, Hutchinson EDA Director addressed the Commission. Mr. Seppelt reviewed the duty of the Commission in relation to the proposed resolution and reviewed the intent and purpose of the resolution. Commissioner Fahey askedif the HRA would work out of the same funding pool as the EDA. Mr. Seppelt clarified that the two entities access separate funding TIFs. Mr. Dan Jochum noted for clarification that the existing high school is not in a TIF region but rather in a possibleredevelopment area. Mr. Jochum also noted the City staff worked with Ellers and Associates as a consulting firm to confirm the proposal is appropriate. Commissioner Fahey asked what the typical lifespan of a TIF is. Mr. Seppelt stated the lifespan varies by type of TIF and the language included in its initial development, but may range from 8 –25 years. Motion by Commissioner Norton, Second by CommissionerFaheyto approve Resolution 2015-01. Motion approved unanimously. 7.COMMUNICATION FROM STAFF A.Upcoming Meetings Mr. Jochum stated that at this time no applications have been received yet for the October 2015 Planning Commission meeting. 8.ADJOURNMENT Motion by Commissioner Arndt, Second by Commissioner Wick to adjourn the meeting at 6:07 p.m. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann, Dolf Moon, Dave Hunstad,Miles Seppelt,Jeff Page, Jean Ward, John Webster, John Olson, Kent Exner, John Paulson,Marc Sebora, Dan Hatten,Dan Jochum, Andrea Schwartz, and Kyle Dimler. Date:November 9,2015, forNovember 17,2015, Planning Commission Meeting Application:Consideration of a request for a Conditional Use Permit to construct an accessory structure over 1,000 sq. ft. in size that is also a pole building at 1485 South Grade Road SW in a R-1 zoning district, Douglas Anderson, applicant. Applicant:Mr. Douglas Anderson CONDITIONAL USE PERMIT Mr. Douglas Anderson isrequesting aconditional use permitto allow the construction of a 1,500 sq. ft. accessory structurelocated at 1485 South Grade Road SW.A Conditional Use Permitted is required for detached garages larger than 1,000 sq. ft., as well as the building to be pole construction. Conditional Use Permit 1485 South Grade Rd SW–CUP Accessory Structure Planning Commission –11-17-15 Page 2 GENERAL INFORMATION Existing Zoning:R-1Single Family Residential Property Location:1485 South Grade Road SW Lot Size: 2.77 acres Existing Land Use:Single Family Dwelling Adjacent Land Use And Zoning:R-1 Single Family Residential,R-2 Medium DensityResidential,and C-2Automotive Service 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(I)(C). Conditional Use Permit: The Conditional Use Permit (CUP) is required for accessory structures larger than 1,000 square feetin residential zoning districts, as well as for pole type construction.The proposed garage will be in the rear yard space located at 1485 South Grade Road SWin Hutchinson. As noted above, the proposed structure is approximately 32x46’ or 1,472square feet and will be a detached garage used for personal storage. The height will be lower than the required 16 feet.The proposed structure appears to meet all applicable setbacks, as well as all other Zoning Ordinance requirements.(Please note that the lean-to shown on the photos in the packet is no longer being considered because the building would be over 1,500 sq. ft. if it was left on). Analysis: This request can be broken down into two pieces. First, is the request for the size of the accessory building to be over 1,000 square feet. Since this lot is rural in character and almost 3 acres in size there isn’t a concern with the site becomingtoo “dense”becauseof this request.There is plenty of space on the lot to accommodate the requested building. Thesecond part of the request that requires a CUP is that the building is proposed to be a pole type building. It should be noted that pole construction is a framing type not an exterior finish. Pole construction is required to meet building code, just as any other construction type would. I think it is important to take a step back and discuss where theidea thatpole type construction is required to have a CUP came from. Section 154.123 of the City of Hutchinson Zoning Ordinance is titled Pole Barns/Tube Truss/Temporary Buildings and itsays all pole barns require a conditional use permit. In addition, the following is additional review criteria for pole barns: Conditional Use Permit 1485 South Grade Rd SW–CUP Accessory Structure Planning Commission –11-17-15 Page 3 (1)Consideration of neighborhood character. Is the building similar to other structures in the area or on the property in question. Is the building of similar height, scale and density as other buildings? (2)Is the structure entirely visible from the street on which the property is located? (3)Is the building to be used only for the purposes of storage? (4)Are there factors that would be impacted that would be considered negative for adjacent land owners, such as site drainage, topography changes, restrictions on light or air, In addition to the above information, section 154.026 on Accessory Buildings says that “Pole buildings shall be permitted only if siding and roofing in building materials are similar to the principal structure.” From Staff’s perspective thereare a few things worth discussion. First, in section 154.123 of the ordinance the reference is to Pole Barns. Staff felt the word Pole Barn has an inherentlynegative connotation. Staff felt a pole barn is a building where poles are simply dug into the ground and steelsiding and a steel roof are put on. This is the type of building that might not look nearly as attractive as today’s pole framed buildings. Another way to put it is to state that Pole Barns have gonethrough anevolution and look much nicer than they did years ago. The second point of discussion centers onthe type of siding and roofing materials that are allowed in Hutchinson. Steel roofs are allowed on residential homes and accessory structures today. In addition, both horizontal andvertical orientedsteel siding are also allowed on residential homes and accessory structures. Vertical oriented steel siding with external fasteners is the most common siding material found on pole framed buildings. This same siding could legally be put on any home or “stick”built accessory building in Hutchinson todaywithout a CUP. In fact,there is at least one home in Hutchinson that has this type of siding onit currently. Staff found it inconsistent that these roofing and siding materials are allowed for structures built with “stick”construction but appear to be prohibited or require a CUP withpole frame construction. It appears that when the ordinances related to pole barns and pole accessory structures were written the intent of the ordinance language was to regulate what the building looked like. In reality,what has happened is that the ordinance is prohibiting a very reasonable framing methodin pole type construction. If the City is interested in regulating the design of both homes and accessory structures,itshouldbeutilizing the proper means,such as regulating exterior siding and roof types. Many cities have written ordinances thatrequire roofs and siding to have hidden fasteners, which in turn means steel roofs and vertical steel siding are not allowed. Taking into consideration everything written above, Staff feels that the request for a pole framed building on this property is reasonable. Theproperty is rural in nature and has a large lot and isn’t located in a typical subdivision. Also, there are several pole buildings are located in the vicinity of this property, including L&P Supplyand the farmstead to thenortheast.Staff also feels the steel siding and steel roof on the building are also a reasonable request, considering if the building was“stick”built it would be able to have the same exterior finishes without any type of special review or CUP. Lastly, if thePlanning Commission is interested in regulating the exterior finishon homes or accessory structures in Hutchinson we shouldwork on an ordinance that appropriately does that. Currently, we are attempting to do that by regulating the framing type instead ofthe exterior finish, which isn’t an appropriate way to regulate appearance. Conditional Use Permit 1485 South Grade Rd SW–CUP Accessory Structure Planning Commission –11-17-15 Page 4 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. 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-1zoning 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-1district and the Zoning Ordinance. 3.The Applicant must obtain all necessary permits for any construction that would be needed. 4.The maximum size of the footprint of the building is 1,500 square feet. 5.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.