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PC Packet 09.19.17 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,September 19, 2017 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATED August 15, 2017 4.PUBLIC HEARINGS A.CONSIDERATION OF A 2 LOT PRELIMINARY AND FINAL PLAT FOR ND LJM ADDITON LOCATED AT 579 2AVE SE. B.CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A BREWERY AND TAP ROOM IN A C-4 ZONING DISTRICT LOCATED AT 900 Hwy 15 S. C.CONSIDERATION OF AVACATION OF EASEMENTON LOTS 3, 4 AND ND 5 BLOCK 1 BRIDGEWATER ESTATES 2ADDITION. 5.NEW BUSINESS A.RESOLUTION OF THE CITY OF HUTCHINSON PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4-19 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. B.DISCUSSION REGARDING POSSIBILITY OF BECOMING A BRONZE LEVEL SOLSMART COMMUNITY. a.Zoning Review 6.UNFINISHED BUSINESS 7.COMMUNICATION FROM STAFF A.Upcoming Meetings 8.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,August 15, 2017 5:30 p.m. 1.CALL TO ORDER 5:30P.M. The August 15, 2017Planning Commission meeting was called to order by Commissioner Lofdahlat 5:30p.m. Members in bold were present Chair Fahey,Vice Chair Wick, Commissioner Garberg,Commissioner Wirt, Commissioner Lofdahl,and Commissioner Forcier. Also present were Dan Jochum,City Planner,John Olson, City Public Works,Marc Sebora,City Attorney,John Paulson, City Environmental Specialist and Andrea Schwartz, City of Hutchinson Permit Technician 2.PLEDGE OF ALLEGIANCE 3.OATH OF OFFICE Robert Hantge 4.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATED July 18, 2017. Motion by Commissioner Lofdahl, Second by Commissioner Forcier.Motion approved. Motion to Approve–Motion to Reject 5.PUBLIC HEARINGS A.CONSIDERATION OF A CONDITIONAL USE PERMIT TO MOVE IN A DETACHED GARAGE LOCATED AT 234 JEFFERSON ST SE. Dan Jochum, City Planner addressed the Commission. Mr. Jochum reviewed the application as outlined in the Commission’s packets. Mr. Jochum noted that the Planning staff recommends approval and that the garage must meet all setbacks. Noted that old CUP stays with the property and the remodel will/can continue. Glen 210 (owner), garage doors facing alley. Motion by Commissioner Hantge,second by Commissioner Wickto close hearing at 5:39p.m. Minutes Hutchinson Planning Commission August 15, 2017 Page 2 Motion by Commissioner Lofdahlto approvewith 5staff recommendations. Second by Commissioner Forcier. Motion approved. Item will be on City Council consent agenda on 8/22/2017. B.CONSIDERATION OF A SITE PLAN AND VARIANCE TO REDUCE PARKING STALL SIZE AND STREET RIGHT-OF-WAY SETBACK FOR A PROPOSED HOTEL LOCATED AT 416 PROSPECT ST NE. Site Plan is not a public hearing but Variance is. Mr. Jochum reviewed the application as outlined in the Commission’s packets. Brian Forcier –titaniumpartners-gave a brief overview of his company Brian Forcier–Cobble Stone Suites –gave a brief overview of their brand of hotel Staff recommends to lose some of the green space in front of the building to widen the sidewalk larger and the parking stalls longer. Staff also recommends the exterior of the building to be more high quality (to meet the Hwy 7 Master Plan). Wirt –any vehicle access to back of building? No. Fahey questioned elevation change from base of building to screening. 1064.7 to 1076. Building will sit 20 some feet above the screening. This does meet all required zoning ordinances. Fence is 8 ft.;trees may grow to 10 ft. Staff is recommending approval of the Site Plan and Variance. With exterior, sidewalk, parking stalls, fire truck area and more. Wirt –what do we lose in trees on the N side. Some of the larger trees will need to be removed on the subject property for the retaining wall. Wirt –AC units on roof? No, they are under the windows for each room and at the end of the hallways. Garberg –number of parking spaces? Employees, trailers, semi-trucks? Where is overflow parking? The code does not require anything additional to one parking space per room. Developer is looking into overflow parking. It has been recommended for no parking on Prospect St. Wirt –what is quality lap siding? Not vinyl, good use of color, all the way around the building. Jim Riley 465 Main St N –why can’t contamination be cleaned up? There is a Response Action Plan in place. If the soil is disturbed it needs to be cleaned up. If it is not disturbed it can remain. There have been borings taken to know where contamination is located.Mr. Lofdahl gave abrief explanationof MPCA action on contamination. Minutes Hutchinson Planning Commission August 15, 2017 Page 3 Mr. Rileyis concerned about the commercial property encroaching farther north. Mr. Lofdahl commented on the zoning 486 Prospect Hillary Schumann –concerned about parking and traffic patterns. Also questioned the retaining wall. th 16 5Ave NE Linda Rutzine –What sort of lighting will impact her back yard? Lighting is not permitted to leave the property of the hotel. Motion by Commissioner Wick,second by Commissioner Hantgeto close hearing at 6:44p.m. Motion by Commissioner Lofdahlto approve with all 19 staff recommendations including siding. Second by Commissioner Hantge. Motion approved. Item will be on City Council consent agenda on 8/22/2017. C.CONSIDERATION OF AN AMENDMENT TO THE CITYCODE OF ORDINANCES, CHAPTER 154: DYNAMIC SIGNS. Commissioner Forcier excused herself for conflict of interest. Mr. Jochum reviewed the application as outlined in the Commission’s packets. Area outside of Hasan to Franklin. C2, I1, I2 Lofdahl -this will not impose on Historic area Motion by Commissioner Garberg,second by Commissioner Wirtto close hearing at 6:54p.m. Motion by Commissioner Wirtto approve with staff recommendations. Second by Commissioner Hantge. Motion approved. Item will be on City Council consent agenda on 8/22/2017. Motion to close hearing –Motion to approve with staff recommendations–Motion to reject 1.NEW BUSINESS 2.UNFINISHED BUSINESS 3.COMMUNICATION FROM STAFF A.Upcoming Meetings Dan Jochum noted that we have oneapplicationsfor theSeptemberPlanning Commission meetingat this time. Minutes Hutchinson Planning Commission August 15, 2017 Page 4 4.ADJOURNMENT Motion by Commissioner Wick, Second by Commissioner Wirtto adjourn at 6:58 p.m. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Jochum, AICP and City of Hutchinson Planning Staff Date:September 14, 2017, forSeptember 19, 2017, Planning Commission Meeting Application:Consideration of a two lot preliminary and final plat of LJM Addition. Applicant:Larry Murphy PRELIMINARY AND FINAL PLAT OF LJMADDITION Larry Murphyhas submitted a preliminary and final plat to create a two-lot plat for the property nd located at 579 2 Avenue SE.Mr. Murphy proposes to utilize this location for equipment storage for his construction related/snow removal businesses. GENERAL INFORMATION Existing Zoning:I/C Industrial/Commercial District nd Property Location:579 2Ave SE Preliminary and Final plat LJM Addition Planning Commission –9/19//17 Page 2 Lot Size: 22,869 square feet (.525 Acres) Existing Land Use:Storage/industrial use Adjacent Land Use:Industrial and park/open space land uses AdjacentZoning:I/C and R-3 Residential Comprehensive Land Use Plan:Medium Density Residential Zoning History:This property has been used for storage/industrial purposes for the past several decades. Applicable Regulations:Sections153.36 and153.50 of the City Code Preliminary and Final Plat: The proposed LJMAddition combines two old 66’ x 132’ lots with a portion of vacated right-of- way from Huron St SE to create two larger lots. There is one existing building on site that is approximately 60’ x 65’ in size.There is an easement for utilities on the east side of thelot that is 20 feet wide. No permanent structures will be allowed over this easement.The preliminary and final plat as shown, appear to meet all of the City of Hutchinson Zoning Ordinance and Subdivision Ordinance Requirements. Stormwater Management: It should be noted that this site is within the Shoreland Zoning District. The shoreland district regulates the amount of impervious surface on lots. Typically,lots are allowed to go to 25% impervious surface without additional stormwater mitigation to go to a higher amount. Since this lot is basically all gravel right now and gravel is considered an impervious surface the addition of the buildings to the site will not increase the impervious surface on site. The lot is in essence “grandfathered”regarding the fact that the impervious surface coverage is close to 100%. The lot is within the 0.2 percent annual chance for flooding, or zone Xflood zoneper FEMA. The 0.2 percent annual chance used to be called the 500-year floodplain. It does not appear any special requirements need to be followed within this area. Recommendation: Staff recommends approval of the preliminary and final platswith the following recommendations: 1.The final plat shall be recorded at the McLeod County Recorder’s Office within 270 days of approval. STAFFREPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Jochum, AICP Date:September 15,2017, forSeptember 19,2017, Planning Commission Meeting Application:CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A BREWERY AND TAP ROOM LOCATED IN A C-4 ZONING DISTRICT LOCATED AT 900 HWY 15 SOOUTH. Applicant:Daniel Hart CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A BREWERY AND TAP ROOM LOCATED IN A C-4 ZONING DISTRICT. This request is for a Brewery/Tap Room to be located in the former WCI Thrift building at 900 HWY 15 South. The size of the spacebeing utilizedis approximately 8,000 square feet. 4,920 square feet will be dedicated to storage for the brewery/tap room and 3,000 square feet for the tap room, entry way and cooler. There will be seating for approximately 90 customers and a total occupancy of 108. This use required a conditional use permit in the C-4 zoning district. Conditional Use Permit 900 HWY 15 So.–Brewery/Tap Room Planning Commission –9-19-17 Page 2 GENERAL INFORMATION Existing Zoning:C-4–Fringe Commercial District Property Location:900 Hwy 15 S Lot Size:215’ x 360’ or 1.75 acres Existing Land Use:Commercial Adjacent Land Use And Zoning:C-4–Fringe Commercial Comprehensive Land Use Plan:Commercial Zoning History:C-4 for past 50 years or more Applicable Regulations:City Code of Ordinances Sections 154.064 Transportation:The property will be primarily accessed by Highway 15 Physical Characteristics:215’ x 360’(1.8 acres) Analysis: The conditional use permit is neededfor Brewery and Tap Rooms in this zoning district.This site has been vacant for some time and this use has the potential to be very popular. Staff recommends approval of this request. Access and Parking: Access will be primarily offHighway 15 South. There is a 32’ curb cut at the entrance to the site offHighway 15. The parking lot is currently paved. The applicant and property owner are planning some parking lot improvements that include turninga portion of the center grass area into a drive aisle. The northerly drive aisle loop between the parking spaces is approximately 18’ wide and is a one-way loop. The southerly loop is approximately 14’ wide. The center grass area is going to be reducedin size to make the drive aisle wider. In addition, a portion of the existing grass south of the parking lot will be turned into additional parking. A use like this basically requires oneparking space per table, which would equate to 28 parking spaces. Additional spaces would be needed for employees. The site currently has 27 parking spaces existing. The proposed site plan indicates 35 parking spaces for the site. There is also a large gravel lot in the back that could be utilized for overflow parking. If it is determined at some point in the future that the rear lot is consistently being used a portion of that lot will be required to be paved and striped. Utilities: Any electric, gas, or other utilities that need to be relocated will be at the cost of the applicant. Conditional Use Permit 900 HWY 15 So.–Brewery/Tap Room Planning Commission –9-19-17 Page 3 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 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 use 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 use 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 use will be designed, arranged, and operated topermit 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 becausethe 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-4 district and the Zoning Ordinance. 3.The Applicant must obtain all necessary permits for any construction. 4.All parking spaces utilized for this use must be paved and accessed from a paved driveway/drive aisle. 5.The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Jochum, AICP Date:September 14, 2017, for September 19,2017, Planning Commission Meeting Application:Consideration of a request for a vacation of a portion of City right-of-way nd on Lots 3,4, and 5 of Block 1, Bridgewater Estates 2Addition. Applicants:Bonneville Land andCattle Co. LLC Anthony Bridge Shawn Mathews VACATION OF RIGHT-OF-WAY Applicable Regulations: Section 14.05 Vacation of Streets -City Charter Brief Description: The applicants are seeking to vacate a portion of City right-of-way on Mahogany Court SW. The area was originally platted as a half-moon cul-de-sac but the actual cul-de-sac was never constructed, which results in a large area of unused City right-of-way. Currently, the properties at Vacation of Right-of-Way 470 High St. NE and Highway 7 East Planning Commission -December 15, 2015 Page 2 1619 and 1625 Mahogany Court have houses built on the lot. The lot at 1613 is currently vacant and by vacating the right-of-way there is more buildable area on the lot. If this request is approved, construction on a new home will start as soon as possible. Analysis and Recommendation: with the following requirements: Staff recomments approval of the vacation of right-of-way 1)Bonneville Land and Cattle Co. LLC must provide legal descriptions of the three parcels of land created to the City in order for the City to quit claim deed the vacated property to the adjacent property owner. 2)The driveway of the proposed home at 1613 Mahogany Court SW shall be limited to 22 feet wide at the new right-of-way line created. 3)Bonneville Land and Cattle Co. LLCshall ensure there are no private utilities in the area to be vacated and provide this information to the City. 4)Bonneville Land and Cattle Co. shall ensure all existing driveways will meet appropriate setbacks. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Jochum, AICP Date:September 15, 2017, for September 19,2017Planning Commission Meeting RE:TIF Consistency with Comprehensive Plan Overview The City is planning on setting up a Tax Increment Finance District for the Hotel Site project to deal with contaminated soils. As part of that process,the planning commission is being asked to pass a resolution that indicates theproject is in conformance with the comprehensive plan. Staff believes that the project is indeed in conformance with the comprehensive plan and recommends approval of this resolution. If anybody wants to see the full TIF report please let me know and I will send it out via email. We will have copies of the report available for review at the Planning Commission meeting on Tuesday night. Thank you. PLANNING COMMISSION CITY OF HUTCHINSON, MINNESOTA RESOLUTION NO. 2017-9 RESOLUTION OF THE CITY OF HUTCHINSON PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 4 AND A TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4-19 CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. WHEREAS, the City of Hutchinson (the "City") has proposed to adopt a Modification to the Development Program for Development District No. 4 (the "Development Program Modification") and a Tax Increment Financing Plan for Tax Increment Financing DistrictNo. 4-19 (the "TIF Plan") therefor (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program and Plan") and has submitted the Program and Plan to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Program and Plan to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan forthe City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Program and Plan conform to the general plans for the development and redevelopment of the City as a whole. Dated: September 19, 2017 _______________________________________ Chair ATTEST: ___________________________________ Secretary DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Dan Jochum, AICP Date:September 15, 2017, for September 19,2017Planning Commission Meeting RE:Solsmart Designation Overview As you may recall, City staff presented some informationregarding the Solsmart program and possible ordinance amendments last year. At that time,the Planning Commission felt that there was notenough demand in Solar to make any changes to the Zoning Ordinance relative to solar energy. Staff has remained in contactwith representatives from the SolSmart program. The City has an opportunity to become a SolSmart Bronze designated community by doing a few simple things. One is for the planning commission to look at the zoning ordinance review SolSmart completed for us. That document is below. Also included is a statement regarding how we are currently handling solar requests. Staff would recommend that the Planning Commission review the attached and provide any comments. Solar Energy will become more prevalentas time goes on and the City wants to ensure we are staying up to speed on solar energyand how we regulate it. CITY OF HUTCHINSON SOLAR STATEMENT The City of Hutchinson is committed to participating in SolSmart, a national program to encourage solar energy development locally. Our goal includes supporting sustainable solar development in the Hutchinson areaby building upon current best solar practices, incorporating new ones, educating our residents and business owners on renewable energy solutions. The City of Hutchinson is located in McLeod County, which recently entered into an agreement with the St. Paul Port Authority to provide a PACE (Property Assessed Clean Energy) program which can be used as a solar pv funding mechanism. The City has constructed a 400 kW solar pv project on a closed landfill, further exhibiting our dedication to the expansion of our local solar market. Our Planning Department in conjunction with the Engineering Department plans to oversee the tracking of solar metrics such as developments in the permitting application process, the establishment of community solar programs, and the creation of solar related planning documents. Understanding that staff time and resources are vital to addressing solar best practice opportunities, The City of Hutchinson is committed to allotting time for staff to work with SolSmart representatives over the duration of the program development. ZONING REVIEW–Hutchinson,MN PZD-1: Review zoning requirements and remove restrictions that intentionally or unintentionally prohibit PV development.Compile findings in a memo, and commit to reducing barriers to PV during next zoning review. This SolSmart prerequisiterequires communitiesto (a) conduct a review of zoning requirements, (b) identify restrictions that prohibit PV development, and(c)commit to addressing these barriersduring the nextcommunity zoning review. To assist your community, the national solar experts at SolSmart have conducted an initial review of yourcommunity’s code to assess possible obstacles (i.e. height restrictions, set-back requirements, etc.) and gaps. Below, please find the outcome of their review. By reading the narrative, reviewing the example code language provided,and signing the statement at the bottom of the page, your community will satisfy PZD-1 and be one step closer to achieving SolSmart designation. Potential barriers incurrent code language Example(s) from other Priority Section(s)ElementReviewer Comments codeslevel DefinitionsA “solar structure” is defined as a Examples of solar energy Medium 154.004 “structure designed for use of passive systems definitions include the modelsolar or active solar energy as part of its Massachusetts ordinance. heating system.” This definition is somewhat unclear and could be interpreted as excluding solar energy Best practice is generally to systems used to generate electricity.regulate the impact rather than the use of solar energy Consider a more clear and broad systems as they are not definition of solar energy systems to synonymous. See p. 19 of include solar collectors, other solar Planning and Zoning for Solar energy devices, or structural design in North Carolina. features whose primary purpose is to provide for the active or passive An example of a zoning code collection, storage, and/or distribution of that regulates solar solar energy for space heating, space installations based on acreage Fort cooling, electric generation, or water impact rather than usage: heating.Collins, CO. Ensure that the definition allows for Resources for allowing solar ground-mounted as well roof-mounted installations as a primary use solar energy systems.include page 38 of the APA’s Integrating Solar Energy into Local Development Regulationsbriefing paper. Potential gaps in current code language Example(s) from other Priority ElementReviewer Comments codeslevel Accessory The zoning ordinance does not make it clear if solar The Delaware Valley Medium uses, yard energy systems are allowed within each zoning district Regional Planning space, and what, if any, regulations pertain to them.Commission’s Renewable Energy Ordinance setbacks, Framework: Solar PV lot Consider: coverage1.Allowing solar energy systems as an accessory use Offers guidance for zoning or accessory structure in each zoning districtcode inclusion of PV. 2.Exempting ground-mounted solar energy systems from yard space encroachmentrestrictionsSetbacks: See page 7 and 8 3.Exempting solar energy systems from lot coverage of the Model Zoning for the maximumsRegulation of Solar Energy 4.Providing an allowance for solar energy systems to Systemsfrom the Massachusetts Executive be placed within setbacks, or use setbacks that apply to structures like fences rather than principal Office of Energy and buildingsEnvironmental Affairs. 5.See SolSmart Zoning Best Practices for additional considerations.See page 9 of the Massachusetts model document for lot coverage and area considerations. Solar While the variance section allowsfor a variance due to For ideas on solar access Low accessinadequate access to sunlight, it is unclear how this see Wisconsin state statutes would protect existing solar energy installations from and Section 19.20.170 of the encroachment by new development. Would existing solar West Hollywood, CA zoning energy system owners be able to obtain a variance that code. http://qcode.us/codes/westhol would prevent aneighboring development from shading their system?lywood/ Additional notes The Hutchinson, MN Code of Ordinances 154.022 Exceptions to Height Limitations –Solar structures are exempt from height limitations. 154.172 Variances –Inadequate access to direct sunlight for solar energy systems is included among the practical difficulties for which the Planning Commission may grant a variance from the literal provisions of Chapter 154: Zoning. I,, asof , \[Community\] \[State\] \[Title\] \[Name\] have read the review aboveandcommitto discussing these barriers at the nextcommunity zoning review,scheduled for ______________, with the goal of removing them from the code. Signature____________________________________________ Date _________________________