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01-17-2012 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, January 17, 2012 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Raymond Norton, Christie Hantge, Bill Arndt, Dean Kirchoff, Jim Fahey, Dave Johnston and Chairman Lofdahl. Absent: None Also present: Dan Jochum, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. PLEDGE OF ALLEGIANCE 3. OATH OF OFFICE OF NEW PLANNING COMMISSIONER BILL ARNDT 4. CONSENT AGENDA a) Consideration of Minutes dated December 20, 2011 Mr. Kirchoff moved to approve the consent agenda as submitted. Seconded by Mr. Norton, the consent agenda was approved unanimously 5. PUBLIC HEARINGS a) AMENDMENT TO THE ZONING ORDINANCE SECTION 154.067 (C) ADDING LANGUAGE TO ALLOW BY CONDITIONAL USE PERMIT A TOWING COMPANY WITH IMPOUND /OUTDOOR STORAGE LOT IN THE 1 -1 (LIGHT INDUSTRIAL DISTRICT) REQUESTED BY MARK SHOUTZ, APPLICANT Chairman Lofdahl opened the hearing at 5:32 p.m. with the reading of publication #7910 as published in the Hutchinson Leader on January 8, 2012. Mr. Jochum explained the applicant has requested an ordinance amendment to add towing company offices with impound lots to the 1-1 (Light Industrial Park District) zoning district as a conditionally permitted use. If the ordinance amendment is approved, the applicant will need to apply for a conditional use for the specific site. He stated their intention is to begin a towing and outside storage business in conjunction with the existing full service repair shop and set up of emergency vehicles. He reminded the Commissioners they should consider the proposed use with the purpose of the 1 -1 zoning district. The ordinance would meet requirements of the 1 -1 district. Staff would recommend approval of the amendment as drafted. Mr. Jochum suggested to change wording to "towing company buildings with impound lots." He reminded the commissioners that this ordinance would be for all 1 -1 districts in the community. He stated the fence must be constructed of wood or equivalent material and not chain link with slats intertwined in the chain link. He explained the reason for changing the wording to building instead of office. Mr. Arndt made a motion to close the hearing. Seconded by Ms. Hantge, the hearing closed at 5:38 p.m. Mr. Fahey made a motion to recommend approval of the request with staff recommendations and the wording change. Seconded by Ms. Hantge, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent Minutes Planning Commission —January 17, 2012 Page 2 agenda at their meeting held January 24, 2012, with the second reading on February 14, 2012, in the Council Chambers at 5:30 p.m. b) CONDITIONAL USE PERMIT TO ALLOW A TOWING COMPANY WITH IMPOUND /OUTDOOR STORAGE LOT IN THE 1 -1 (LIGHT INDUSTRIAL) DISTRICT AT 125 MICHIGAN STREET S.E. REQUESTED BY MARK SHOUTZ Chairman Lofdahl opened the hearing at 5:39 p.m. with the reading of publication #7910 as published in the Hutchinson Leader on January 8, 2012. Mr. Jochum explained the applicant is requesting a conditional use permit to allow an impound lot/outdoor storage lot located at 125 Michigan Street S.E. He reported the applicant proposes to keep the office at his present business location at 490 Hwy 7 E and will be constructing a 176'x 225' fenced and partially paved impound lot. The fence is proposed to be at least 6 feet in height, constructed of wood, and be 100% opaque. The applicant proposes to utilize the property as an impound lot, as well as storage for vehicles and recreational vehicles and boats. All of these items would be shielded by the 6 foot high opaque fence as required by City Code. Mr. Jochum commented that staff believes that the proposed application is an appropriate use for this zoning district. However, staff had several concerns about the aesthetics of this site and ensuring that the site did not turn into a salvage yard situation. Staff believes the 6 foot opaque fence will take care of the majority of the screening issues, however for larger vehicles and RV's the screening may not be sufficient. In the case of the larger vehicles, staff recommends they are parked to the rear of the property so they aren't as visible. Mr. Jochum explained staff was concerned about gas, oil, and other fluids leaking off of vehicles. Staff recommends that any vehicles that are damaged and /or showing signs of leaking fluids have a catch pan underneath to contain any of these fluids. There was concern that without some type of improved surface that the impound /storage lot would become muddy and potentially have erosion and runoff issues. The zoning ordinance does specify there should be a bituminous or 6" base of gravel parking surface. Because of requirements contained within the zoning ordinance, a 6 inch gravel base is required for anywhere vehicles, trailers, boats, RV's, etc. are being parked on or driven on. Mr. Jochum explained the driveway and a parking area in front of the building must be hardsurfaced. Staff finds that the request would meet the requirements of granting a conditional use permit (Section 154.170) and recommends approval subject to the following findings and conditions: 1. City Council has considered the recommendation of the Planning Commission and the effect of the proposed use 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 the effect of the use on the Comprehensive Plan. 2. The Council has determined that the proposed use is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. 3. The 6 foot opaque /wood fence must be completed around the entire lot by April 30, 2012. 4. A 6 foot opaque /wood fence is required on the south side of the lot and must be a minimum of 3 feet off the property line. The Utilities Commission chain link fence is not acceptable for the fencing requirement. 5. Damaged vehicles must be placed on the hardsurfaced areas with containers to catch any leaking of oils, etc from vehicles to protect property from ground pollution. 6. Driveway and parking area in front of building must be paved. The parking area must be at least 30'x44' to accommodate three 9'x20'parking stalls in addition to the commensurate drive isle /turnaround area. The driveway must be at least 20' wide and be located 10' off of the property line. The driveway shall go from the street to the impound /storage lot gate. Minutes Planning Commission —January 17, 2012 Page 3 The parking lot and driveway shall be paved by June 30, 2012. A site plan indicating where the parking lot and driveway are being located will need to be submitted for review by the City prior to a permit being issued for these items. 7. The area of the impound /storage lot that is planned to have vehicles parked on it must be improved with a 6" gravel surface to meet the minimum requirements of the Zoning Ordinance. 8. The business shall have no outside storage of salvaged vehicles or parts of motor vehicles. or unlicensed vehicles. 9. Parking of semi trucks and trailers is prohibited due to the large size of these vehicles and the difficulty screening this type of vehicle. 10. Vehicles that are taller than the 6 foot fence shall be parked to the rear of the lot so as not to be as visible. 11. If the appearance of the impound /storage lot is not neat and tidy or is unsightly, as determined by the City, the conditional use permit may be revised and may be amended accordingly to address these issues. 12. No storage containers shall be allowed on the lot. Discussion followed on the height of the fence being consistent with the 6 foot fence requirement. Fences over 6' would require a structural engineer approval. There was also discussion on the fence along the Utilities Commission fence on the south side of the property. The commissioners discussed maintenance issues between the two fences. Mr. Jochum stated 3 feet would be wide enough for maintenance and weed control. He reported the Utilities Commission is content with their fence. There was concern by the commissioners with the look of the area with the two fences on the south side of the property. Mr. Jochum explained the Utilities Commission would like to see screening from the towing company. He stated the purpose of the 3' setback of the fence is for maintenance of the property between the fences. Mark Shoutz, applicant, stated he believes the two fences side by side will be an eyesore. He explained the goal is to make everything look good. He would like to put inserts in the Utilities fence for screening and would like to come to an agreement with Utilities to put inserts in the chain link fence. There was a question regarding the zoning amendment in regard to adding the word building. Discussion followed on the towing office at another location in the C -4 District. Mr. Jochum explained lots must have a principle use which would be a building. In this case, the office will be at another located however, if the company was sold it would need a building or office. Atty. Sebora commented on the need for the verbage to include buildings or offices. Mr. Shoutz stated he will use the building for storage of the tow trucks. Mr. Jochum explained his concern is it could turn into a salvage yard which is not acceptable. Discussion followed on the need for a principle building on the lot. Mr. Shoutz stated there is electricity, water and sewer in the building. He plans to use the building as a receiving area for customers while they wait for their vehicles. The building would give it a higher use. Discussion followed on the need for an office in the building. Mr. Shoutz explained that it is a possibility in the future to have the entire operation at this area. There was further discussion on the applicant working with the Utilities Commission to use their fence and the main thing is the screening or to add language to the recommendations that "compromise agreed on between the property owners and City Staff and meet the zoning requirements ". Mr. Jochum stated the fence must be wood or similar material not slats. There was also discussion regarding recommendation number 8 which included unlicensed vehicles. It was determined that the reference to unlicensed vehicles should be deleted from number 8. Mr. Arndt made a motion to close the hearing. Seconded by Mr. Johnston the hearing closed at 6:30 p.m. Mr. Fahey made a motion to recommend approval of the request subject to staff conditions with amendments discussed in recommendations 4 adding "or compromise agreed on between the two parties and the City Staff meeting the City zoning requirements" and 8 Minutes Planning Commission —January 17, 2012 Page 4 deleting "or unlicensed vehicles." Seconded by Chairman Lofdahl, discussion followed on other areas in the City with outdoor storage and no fencing, after discussion the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held February 14, 2012, in the Council Chambers at 5:30 p.m. 6. NEW BUSINESS a) SITE PLAN REVIEW FOR PROPOSED DEPOT REDEVELOPMENT AND FARMER'S MARKET LOCATED AT 25 ADAMS STREET S.E. SUBMITTED BY MILES SEPPELT, HUTCHINSON E.D.A. Mr. Jochum explained the need for improvements to the property and commented on the proposal by the E.D.A. regarding the depot redevelopment and the Farmer's Market pavilion. He explained the depot will be repositioned to be parallel with Washington Avenue East on the north side of the lot and restored by adding a foundation, rebuilding the boardwalk and possibly adding bathrooms. The proposed pavilion would be a one story 150'x 22' open structure providing 30 stalls with gravel /bituminous surface along each side for vendor parking. Green space is proposed through -out the development and a rain garden is proposed for the northwest corner of the lot because of the amount of impervious surface proposed. A 20 stall paved parking lot is proposed on the southeast side of the lot that would enter off Washington Ave and exit off Adams and there will be 2 gravel access driveways off Monroe Street for vendors. Future plans would include this site as the trailhead for the Luce Line and Dakota trails. A 10 foot paved trail will serve as a connector to existing trails in the City. Mr. Jochum stated the request meets zoning requirements and includes additional landscaping of a rain garden and prairie grasses. There are several lot lines within the parcel which will need replatting and easements vacated. It is a community asset to clean up the area. Discussion followed on the future of Monroe Street. Mr. Seppelt, E.D.A. Director, explained Monroe Street may be gravel for a long time. He explained they designed the site to protect the east side of the property. He stated the time frame for completion is an ambitious goal of July 4th. He explained the environmental assessment may take time. The project will be reviewed with the MPCA and is a light use of the site. Soil disturbance is minimal with this use and not a threat to human health and welfare. The quanset building and the rail cars and tracks will be removed. Mr. Seppelt stated the will preserve a space for historical purposes. He noted the present goal is to stabilize the depot for preservation to keep it historical. He explained they would like to have future bathrooms on site in the depot building. The project is budget driven. Mr. Kirchoff made a motion to approve the site plan. Seconded by Mr. Johnston, the motion carried unanimously. 7. OLD BUSINESS 8. COMMUNICATION FROM STAFF a) PRESENTATION BY JOHN PAULSON, ENVIRONMENTAL SPECIALIST, OF PROPOSED COAL TAR ORDINANCE Mr. Paulson commented on the use of coal tar -based sealcoat and the environmental concerns. PAH (polycyclic aromatic hydrocarbon) was explained PAH's are a large concern by MPCA. He explained run -off sediments must be tested for the pollutant. There are grant programs for cities that pass an ordinance such as this. The City has been monitoring run -off. He explained the Minutes Planning Commission —January 17, 2012 Page 5 draft ordinance that will be proposed to the City Council regarding regulating the use of coal tar - based sealcoat to meet goals. There are two types of coal tar. The undiluted coal tar is most risky. Asphalt based coal tar is better to use. The new ordinance bans the use of undiluted coal tar. Mr. Paulson explained he has contacted other cities with similar ordinances. b) PRESENTATION BY JOHN PAULSON OF PROPOSED WELL ORDINANCE Mr. Paulson commented on his summary regarding a well ordinance. He explained that in 2010 the MN Department of Health changed regulations regarding regulating wells in cities. He began by reporting on the interpretation of the State Statute. He explained the Wellhead Protection Plan Summary and commented on the proposed ordinance regarding wells in the City of Hutchinson. Mr. Paulson commented on the requirements and time frames of connection to city services. He explained with the new ordinance, drilling of new wells will be prohibited for potable or irrigation purposes. 9. ADJOURNMENT There being no further business the meeting adjourned at 7:24 p.m.