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PC Packet 08.16.22 AGENDA HUTCHINSON PLANNING COMMISSION th Tuesday, August 16, 2022 5:30 p.m.Hutchinson City Center 1. CALL TO ORDER 5:30 P.M. 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED July 19, 2022 4. NEW BUSINESS A. CONSIDERATION OF A SITE PLAN REVIEW AT 325 MICHIGAN ST SE. 5. PUBLIC HEARING A. CONSIDERATION OF A CONDITIONAL USE PERMIT TO MOVE A BUILDING FROM 135 MONROE ST SE TO 490 HWY 7 E.AND CONSIDERATION OF A LOT SPLIT LOCATED AT 490 HWY 7 E. B. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE SECTION 154.142 (E) AND (F) REGARDING DOWNTOWN SIGNAGE REVIEW COMMITTEE AND MURALS. 6. UNFINISHED BUSINESS 7. COMMUNICATION FROM STAFF A. UPCOMING MEETINGS 8. ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 19, 2022 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. The July 19th, 2022 Planning Commission meeting was called to order by Chairman Lofdahl at 5:30 p.m. Members in bold were present Chairman Lofdahl, Vice Chairman Hacker, Commissioner Garberg, Commissioner Wirt, Commissioner Sebesta, and Commissioner Janssen. Also present were Dan Jochum, City Planner, Kent Exner, City Engineer, John Olson, City Public Works, John Paulson, City Environmental Specialist, Marc Sebora, City Attorney, Andrea Schwartz, City of Hutchinson Permit Technician and Madison Newcomb, City of Hutchinson Planning and Building Assistant. 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED June 21, 2022. It was noted that Commissioner Sebesta was not presentat the June 21, 2022 meeting. Motion by Commissioner Sebesta to approve June 21, 2022 meeting minutes. Second by Commissioner Wirt. Motion approved. 4. PUBLIC HEARINGS A. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR AN ADDITION TO AN EXISTING BUILDING IN AN I/C ZONING DISTRICT LOCATE AT TH 110 4 AVE NE. Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. Mr. Jochum then covered the staff report. Commissioner Sebesta asked if the basement will only be under the current building. Dan Jochum answered yes, only under existing building. Commissioner Wirt asked about additional signage. Will there be a pylon sign? Does that disrupt traffic. Dan Jochum answered no pylon planned at this time, but if they would choose to do so there are setbacks, permits and ordinances that they need to abide by. Minutes Hutchinson Planning Commission July 19, 2022 Page 2 Motion by Commissioner Hacker, second by Vice Chairman Wirtclose hearing at 5:40 p.m. Commissioner Hacker wanted to thank the applicant for the improvement and investment he is putting into the building. Motion by Commissioner Wirt to approve with 3 staff recommendations. Second by Commissioner Sebesta. Item will be on City Council consent agenda on 07/26/2022. 5. NEW BUSINESS A. NONE 6. UNFINISHED BUSINESS A. Dan Jochum commented that the City has been working with the owner of the Antique Store on Hwy 15 S. A deadline has been set to clean it up and citations will be issued if that deadline is not met. B. Dan Jochum commented on the sign at Hutch Health. Hutch Health is working on a decision of permanency and placement of the sign. C. There was discussion on the nuisance property on Alan St SW and where to call in when a property like this occurs. Dan Jochum noted to call in to the Police Dept. D. Dan Jochum gave a thank you to Commission Hantge for his years of service. Commissioner Hantge’s term is over and he has chosen not to continue right now. E.There was a speaker recently at a local church talking about Government decision making and land use authority. Saying that the City gets their marching orders from Mid MN Development Commission. Dan Jochum stated that the information given was false. The City of Hutchinson makes our own decisions. We have processes we go through for Planning Commission and City Council. 7. COMMUNICATION FROM STAFF A. UPCOMING MEETINGS – we are looking at multiple items on the August agenda. B. Dan Jochum noted that he is looking at removing from the Ordinance the need for a Conditional Use Permit for murals in town. C. There was discussion about the growth and development of our City. 8. ADJOURNMENT Minutes Hutchinson Planning Commission July 19, 2022 Page 3 Motion was made by Commissioner Wirtto adjourn the meeting, second by Commissioner Hacker. Meeting was adjourned at 6:07 p.m. STAFFREPORT –PLANNING DEPARTMENT To: Hutchinson Planning Commission From:Dan Jochum, AICPand City of Hutchinson Planning Staff Date: August 12, for August 16, 2022, Planning Commission Meeting Application:Site Plan Review for addition to RD Machine – 345 Michigan St. SE Applicant: Marcus Construction SITE PLAN Marcus Construction has made application for a site plan review for the construction of an addition to the existing manufacturing facility located at 345 Michigan St SE. The addition is proposed to include 4,804 square feet of office space and 16,197 square feet of new shop/building area. Planning Commission – August 16, 2022 Site Plan Review 325 Michigan St. SE Page 2 GENERAL INFORMATION Existing Zoning: I-1 – Light Industrial Property Location: 325 Michigan St. SE Lot Size: 3.52 Acres Existing Land Use: Industrial Adjacent Land Use: Industrial Adjacent Zoning: I-1 and I-2 Comprehensive Land Use Plan: Industrial Zoning History:Site has been an industrial use since it was developed. Applicable Regulations: Section 154.174 Building: The project consists of an approximately 21,000 square foot addition to the existing 15,694 square foot building. The addition is proposed to be a steel building. There will be overhead doors on the south side of the building. The office addition is locatedon the north side of the larger shop addition. Access, Circulation and Parking: Access to the site is proposed to be off Michigan St. SE. There are currently three curb cuts that enter the site. They are all proposed to remain. The northern entrance will provide access to the new office area. The center access point is a loading dock and will remain unchanged. The southern point will provide access for employee parking as well as additional truck traffic to the new addition. The applicant and owner are currently discussing the access and drive lane off Industrial Boulevard and if that access will remain or be removed from the plan. The purpose of this access and drive lane is for trucks to get to the rear loading docks. Staff is comfortable with this access lane being removed if the applicant chooses to do so. Staff feels site circulation and access is adequate for this site. Parking also appears to be acceptable. The parking stalls are required to be striped and painted the appropriate size and include the required handicap spaces. Setbacks: Building setbacks are 20 feet from interior property lines and 30 feet from the street right-of- way. Additionally, the parking lot/drive lane setbacks are 10 feet. All setbacks appear to be met. Landscaping and Lighting: The landscaping plan will need to be reviewed with the building permit. Lighting will have to be down cast and not shine on adjacent properties. Planning Commission – August 16, 2022 Site Plan Review 325 Michigan St. SE Page 3 Stormwater Management/Erosion Control: The City requires that a Stormwater Management Agreement be executed and recorded by the owner prior to commencing construction. This is required to be recorded for each parcel that a structural stormwater BMP is installed on. City Public Works staff have completed the review of the City storm sewer infrastructure around the RD Machine project property. The following is a summary of the findings and recommendation of where to connect to the City storm sewer system. The storm sewer system that is located near the NE corner of 345 Michigan St SE drains to the north, underneath the Hutchinson Utilities building. Adding additional water to that system is not recommended due to the additional risk of adding more water to it. City Engineering staff have done additional field verification of the Michigan Street storm sewer system and the storm sewer line that is located to the south of 345 Michigan St SE. The storm sewer system located to the south is very flat and actually has a high point on the western half of the line. The pipe grade and high point are limiting factors and are cause for concern when considering adding more water to a system component that already has issues. The recommended discharge point is directly into the Michigan St SE system. A direct connection with a new manhole in Michigan Street (15” storm sewer) is preferred. The proposed location of the storm sewer should also be accompanied with stormwater calculations and associated modeling report. A City Excavation/Erosion Control Permit will be required in addition to a State NPDES Construction Stormwater Permit. Recommendation: Staff recommends approval of the site plan review with the following findings and conditions: 1. The proposed building and site improvements shallcomply with the standards of the I-1 district and the Zoning Ordinance. 2. Final landscape plans shall identify the size and species of the plantings and shall be approved by the City Arborist. 3. The final Civil Site Plan should be submitted with the building permit to review any changes made regarding potential removal of access point and drive lane off Industrial Blvd. 4. SAC and WAC fees will be calculated and due at the time of building permit. 5. Final approval is required on storm sewer connection to Michigan St SE storm sewer system. 6. Approval of a SWMPP and erosion control permits are required prior to construction on site. 7. Stormwater Maintenance agreement must be signed and recorded by applicant. 8. Applicable permits are required prior to any construction starting on the site. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From: Dan Jochum, AICP and City of Hutchinson Planning Staff Date: August 12, 2022, for August 16, Planning Commission Meeting Application: CONSIDERATION OF CONDITIONAL USE PERMIT AND LOT SPLIT AT 490 HWY 7 E. Applicant: Wildflower Properties, LLC – Ian McDonald CONDITIONAL USE PERMIT APPLICATIONAND LOT SPLIT Wildflower Properties, LLC is requesting a Lot Split at 490 HWY 7 E. to create another developable lot on the site. Additionally, a Conditional Use Permit is being requested to move a building onto the lot that is created. The building being moved is currently located at 135 Monroe St. SE in Hutchinson. Conditional Use Permit and Lot Split 490 Hwy 7 E. Planning Commission – 8-16-2022 Page 2 GENERAL INFORMATION Existing Zoning: C-4 Fringe Commercial Property Location: 700 Main St N Lot Size: 2.39 Existing Land Use: Commercial Adjacent Land Use: Commercial, Industrial and Agricultural Adjacent Zoning: C-4 and I-1 Comprehensive Land Use Plan: Commercial Applicable Regulations: Section 154.121 and 153.005 Project Overview: Wildflower Properties, LLC as applied for a Conditional Use Permit to move a structure from 135 Monroe St. SE to the subject property. In addition, the applicant has applied for a lot split to create a new lot to place the relocated building on at 490 Hwy 7 E. The building to be moved is currently owned by Wildflower Properties, LLC but it sits on land leased from the McLeod County Regional Rail Authority. The portion of the building to be moved is approximately 3,000 square feet and a new office will bebuilt onto the front (east side) of the relocated building. Please see attached plans for more detailed information. If the lot split and Conditional Use Permit are approved, the next step for the applicant will be to apply for a rezoning for the new parcel created. The proposed use for the parcel is Industrial. The southern portion of the existing lot is much lower than the northern portion adjacent to Hwy 7. The applicant proposes hauling in fill to bring the elevation up to make the lot easier to build on. (see attached plans). Parking is proposed to be on the east and west sides of the relocated structure. There will be a loading dock on the south side. The north side of the building has an overhang that is somewhat unique. Per City ordinance requirements, curbing and will be required in the parking lot. Stormwater will also have to be reviewed. Although, the site falls under the one-acre size requirement to require stormwater treatment, the project cannot have an adverse impact on the City stormwater system. Because of this, some rate control may be needed to address the stormwater coming off the site. City staff will work with the applicant and their Engineer to determine appropriate solutions regarding stormwater. Landscaping is also required per City ordinance. Landscape plans can be reviewed with the building permit application. The lot split is very straightforward. The new lot is proposed to be 1.36 acres and the remaining portion of the original lot will be 1.03 acres. Conditional Use Permit and Lot Split 490 Hwy 7 E. Planning Commission – 8-16-2022 Page 3 Conditional Use Permit: The Conditional Use Permit (CUP) is required relocating or moving a structure within the City of Hutchinson. 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. 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. Staff also recommends the lot split be approved. If the Planning Commission recommends approvalofthe applicant’s request as recommended, 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 new lot created will need to be rezoned once the Conditional Use Permit and Lot split are recorded with McLeod County. 3. The proposed building and site improvements shall comply with the standards of the Zoning Ordinance. 4. The Applicant must obtain all necessary permits for any construction that would be needed. 5. 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 use requires approval of a new conditional use permit. 6. 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. Landscape plans need to be submitted with building permit application. 8. Stormwater needs to be studied more fully and rate control measures may be required as part of the building permit approval. 9. Curbing is required on new parking lots. 10. Lot split shall be recorded by applicant prior to any building permits or other permits being issued. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From: Dan Jochum, AICP Date: August 12, 2022, for August 16, 2022, Planning Commission Meeting Application: Consideration of Zoning Ordinance Amendments Zoning Ordinance Amendments Staff has been getting feedback from community members regarding the requirements to put up a mural for the past 12-18 months. If you recall, murals require a Conditional Use Permit from the City to be put on a building. Community members have noted to Staff that they feel the requirements for a Conditional Use Permit are excessive and the cost of the CUP and the time it takes to go through the process is hindering more creative projects in Downtown Hutchinson. Staff has researched this issue and has found that murals are regulated in many different ways throughout Minnesota. Some communities regulate murals through their sign ordinance and require some type of permit to put up a mural. Generally speaking, sign ordinances regulate commercial signage. However, some communities, including what we have in our ordinance in Hutchinson, are regulating murals, which is art and not advertising. Staff does have concerns that it may not be legal to regulate artwork if we do not have “design standards” for the Downtown Zoning District that would regulate the appearance of everything downtown. For example, right now, a building owner can make their building look however they chose, as long as the building meets building code. They can paint it any color they want as well. Staff also has concerns that a mural is listed as a Conditional Use Permit, when in reality a mural isn’t a land use but rather artwork. In reality, a conditional use permit is fairly difficult to deny. The purpose of the conditions is to mitigate any factors that would make the use not desirable. I am not sure how that would apply to a mural. Staff feels that a Conditional Use Permit should not be required in order to put up a mural. The Public Arts Commission has authority under section 31.29 of City Code and that group would seem to be the appropriate group to review and approve art installations within the City of Hutchinson. Lastly, the sign ordinance references a Downtown Design Review Committee. I have been with the City of Hutchinson since 2010 and this Committee has never met, nor do I know who sits on this committee. I was told when I started with the City that my predecessor also did not utilize this committee or know who was on it. I was told that the committee was started after the City adopted the Downtown Plan in 2002 and that it was loosely organized and while the intentions were good it never went anywhere. Additionally, the ordinance doesn’t appear to give the committee any specifics to follow but rather basically leaves it to their discretion what they want to approve or deny a sign or mural if someone has a sign that doesn’t meet the standards of the zoning ordinance. Staff recommends striking any reference to the Downtown Design Review Committee and utilizing the standards set forth in the zoning ordinance to regulate signs. Staff will be available to discuss these items and answer any questions Tuesday night. Recommendation: Staff recommends approval of the Zoning Ordinance Amendments presented. (E) Signs permitted in the Main Street area district. Signage in the Main Street area, which is defined as the area located between the east side of Franklin Avenue from the Crow River to Fourth Avenue SW and the west side of Hassan Street from the Crow River to Fourth Avenue SE, shall be subject to the following additional requirements. Signage shall be designed to enhance and complement the character of buildings within the district. All new signs, or the replacement, alteration, painting and so forth of an existing sign, require a sign permit application. and may require review by the Downtown Design Review Committee if the sign does not specifically meet these requirements. (1) Size and placement. (a) Within the Main Street area, name and business signs are permitted; provided, the aggregate square footage of sign per lot shall not exceed the sum of two square feet per front linear foot of building. On corner lots, the allowable square footage on the side exposure will be the same as the front; provided that, side contains a major building entrance. Where the sign consists of any combination of individual letters, panels, numbers, figures, illustrations, logos or of a line or lines, to form display or sign, the area of the sign shall be computed using the outside dimensions of the various words, figures, numbers or illustrations composing the entire sign. For multi-faced signs, each face shall be measured, except in the case of a sign with two identical sides. (b) Signs shall be positioned so that they are an integral design feature of the building, which means that signs shall help define and enhance the architectural features of the building and shall be placed so that they do not destroy architectural details such as, but not limited to, stone arches, glass transom panels or decorative brickwork. (c) No sign shall be placed to project above the roof or parapet wall line of a building except by conditional use permit. (d) Signs may be placed only in the horizontal lintel sign space or within window glass, or on the awnings. In buildings that do not have a traditional lintel sign area, signs shall be placed no higher than 36 inches above the building openings. (e) Wall signs shall not extend more than 24 inches from an exterior wall surface and shall not cover more than 15% of that business’s wall. Projecting signs are allowed. Projecting signs shall not exceed 16 square feet in area, projecting more than four feet into the public right-of-way and shall not be lower than eight feet above the public sidewalk. No sign shall create any traffic sight hazard. (f) All signs are to be placed within 60 days of the issuance of the sign permit and be kept in good repair and avoid a weather condition resulting in illegibility, missing parts or words and the like. (g) Marquees, canopies and awnings. Signs attached to a marquee shall not extend beyond the vertical surface of the marquee. No sign shall be placed on the roof of a marquee. Only the name of the owner and business conducted on the premises may be placed on any awning or canopy. Internally lighted awnings or canopies are not permitted. Awnings and canopies must be made of canvas or a similar product, plastic awnings are prohibited. Awnings shall not project more than four feet into the public right-of-way and not be lower than eight feet above the public sidewalk, unless they are retractable. (2) Lettering. Lettering styles shall be legible and relate to the character of the property’s use. Raised letters are highly encouraged. No sign shall contain more than two lettering styles. Franchise logo signs meeting all other ordinance requirements are permitted. Letter height shall be no more than 75% of the lintel height. (3) Colors. Sign colors shall blend with the building facade to which the sign is attached and be compatible with the property’s use. No more than two letter colors are permitted and, for this purpose, black and white are not considered colors. No more than four colors shall be used for the entire sign, unless authenticity requires minimal use of additional colors. (4) Message. The sign message shall be legible and relate to the nature of the use. These requirements may be accomplished through the use of words, pictures, names, symbols and logos. (5) Illumination. (a) External illumination of signs is permitted. Lighted signs shall emit a continuous white light that prevents direct light from shining onto the street. (b) Backlit plastic panel signs are not permitted. if they are designed in character with the era of the original building construction. Backlit individual letters are permitted. (c) Exposed external conduit wiring is not permitted, unless a special hardship exists and it is approved by the Downtown Design Review Committee. (d) Neon or similar lighting meeting all other ordinance requirements is permitted. Neon or similar lights shall emit a continuous light. (e) All moving electronic signs must be approved by the Downtown Design Review Committee. (6) Freestanding signs. All freestanding signs in the C-3 District shall be located, sized and landscaped so that they do not obscure the view of adjacent properties. All freestanding signs shall conform to all sections of this chapter. Freestanding signs shall not exceed 27 feet in height and must be set back at least five feet from any property line. Regulations for tenant lists and major tenant logos on freestanding signs are set forth in § 154.141(J) and (K) of this chapter. (7) Signs for pedestrian traffic. A sign in addition to that otherwise allowed in this section is permitted. The sign shall be no larger than six square feet (three feet maximum on each side) and be placed so the bottom of the sign has no less than six feet, eight inches of clearance. This type of sign shall be allowed to project two feet into the public right-of-way. The square footage of pedestrian signs shall be deducted from the total allowable sign area for that building. Pedestrian signs shall conform to all sections of this subchapter. (8) Rear building signs. Signs shall be allowed on the rear of a building. The square footage of rear building signs shall be subject to the same requirements as front building signs. (9) Signs on exterior walls. Signs shall not be painted on an exterior wall of any building or structure. (10) Murals. Murals require review by the Downtown Design Review Committee and an approved conditional use permit by the City Council. (11) Banners. One or more banners not exceeding two square feet per front linear foot of building are allowed on the primary side of the building for no more than 15 consecutive days at a time. Applicants are eligible for three 15-day permits per calendar year. (a) Eligibility for banner advertising. Before requesting permission to advertise using a banner, please make note of the following. 1. The applicant must contact the Planning and Zoning Department at the city to apply for a permit. 2. The banner must meet the definition in § 154.004 of this chapter. (b) Banner display information. 1. A banner may describe an event, sale or promotion taking place. 2. A banner is not intended to replace permanent building signage. 3. Three banner permits will be allowed per year. 4. Each banner will be allowed for no more than 15 days. 5. Banners must be removed when the 15-day permit is expired. 6. Banners are not allowed in public right-of-way or off-premise from primary business. 7. Single-day event banner signs for non-profit organizations are exempt from the banner sign ordinance. (c) Obtaining banner sign permit applications. 1. Permits may be obtained from the Planning and Zoning Department at the city. 2. The form must be completed and signed by the business owner. 3. The application must be approved and signed by the Planning Department before the banner may be displayed. 4. The banner sign ordinance will take effect on 4-19-2011. All banners must comply with the regulations at that time. No “grandfathering” is permitted. (d) Specifications of the banner sign. One or more banners not exceeding two square feet per front linear foot building are allowed on the primary side of the building. (12) Appeals. Upon notice of any application being rejected by the city staff, the applicant shall have access to appeal to the Downtown Design Review Committee, and if rejected by the Downtown Design Review Committee the applicant shall have the appeal procedure pursuant to this chapter. (F) Downtown design review. A sign requires review by the Downtown Design Review Committee if the sign does not specifically meet any of the requirements of divisions (E)(3), (E)(5) or (E)(10) above. (2004 Code, § 154.137) (Ord. 01-296, passed 8-14-2001; Ord. 03-334, passed 4-8-2003; Ord. 03-338, passed 4-8-2003; Ord. 06-0433, passed 7-11-2006; Ord. 11-0666, passed 4-26-2011) Penalty, see § 154.999