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Home My WebLink AboutPCMinutes-20100614 City of Hastings Planning Commission Minutes – June 14, 2010 Page 1 of 6 Hastings Planning Commission June 14, 2010 Regular Meeting Chair Zeyen called the meeting to order at 7:00 p.m. Roll Call 1. Commissioners Present: Rohloff, Slaten, Stevens, Vaughan, Zeyen Commissioners Absent: Peine, Bullington Staff Present: Community Development Director John Hinzman, Associate Planner Barker, Associate Planner Fortney Approval of Minutes – May 24, 2010 2. Motion by Commissioner Slaten to approve the May 24, 2010, meeting minutes as presented. Seconded by Commissioner Rohloff. Upon vote taken, Ayes 5, Nays 0. Motion carried. OTHER ACTIONS Mark Loosbrock – 3.Variance #2010-29 – Expansion of Nonconforming Use\Sideyard Setback – rd 725 3 Street W. Associate Planner Fortney presented the staff report. Commissioner Vaughan inquired about the review criteria that states, “That the special conditions and circumstances do not result from actions of the applicant.” He asked if an owner would know a home was nonconforming before the home was purchased. Associate Planner Fortney stated that the homeowner might not have been made aware the home was nonconforming or did not realize they couldn’t expand it. Community Development Director Hinzman stated that the intent of that criterion is that the homeowner did not do anything to create the nonconformity. For example, if the homeowner built something that does not conform and then ask for a variance. Chair Zeyen stated that this home was built before the zoning code. th Commissioner Slaten stated that this was different than the previous variance request on 5 Street because the addition is in line with the existing structure and that the nonconformity is not increasing. Associate Planner Fortney confirmed this. City of Hastings Planning Commission Minutes – June 14, 2010 Page 2 of 6 Motion by Stevens to recommend approval of the variance as presented. Seconded by Slaten. Upon vote taken, Ayes 5, Nays 0. Motion carried. PUBLIC HEARINGS th City of Hastings – Rezoning #2010-24 – 108 East 5 Street (R-2 to C-3); 504-506 Sibley 4. Street (C-3 to R-2). Associate Planner Barker presented the staff report. Chair Zeyen opened the public hearing at 7:05. No members of the public spoke to the issue. Chair Zeyen closed the public hearing at 7:05. Commission Slaten inquired if the original rezoning paperwork had been located. Associate Planner Barker explained that Community Development Director Hinzman was able to locate the original paperwork, which had an incorrect legal description on it. This incorrect legal description resulted in the rezoning issues. Motion by Vaughan to recommend approval of the rezoning as presented. Seconded by Rohloff. Upon vote taken, Ayes 5, Nays 0. Motion carried. Holst Excavating – Special Use Permit #2010-26 – Soil Processing Permit – Co Rd 54 & 91. 5. Associate Planner Barker presented the staff report. Chair Zeyen opened the public hearing at 7:12. No members of the public spoke to the issue. Chair Zeyen closed the public hearing at 7:12. Commissioner Slaten inquired about the effect on the water table and wells. The applicant, William Holst, stated that he will dig a hole 15-20 feet, which is the same level as the river. He further explained that this level of digging will not affect wells. Chair Zeyen inquired if condition ten went above and beyond what the site is at today. Associate Planner Barker stated it would require the condition to be restored to above and beyond what it is at today. Community Development Director Hinzman stated that this condition might not be necessary. Commissioner Stevens inquired if fill would be brought back in. The applicant stated it would depend on what resources are available and the amount removed. Commissioner Slaten asked what the life of the gravel pit will be. The applicant responded that the life is seven to ten years. City of Hastings Planning Commission Minutes – June 14, 2010 Page 3 of 6 Commission Stevens inquired how long the EAW is good for. Community Development Director Hinzman stated that there is not a timeline on an EAW and that the requirements in 1999 are the same today. Commissioner Stevens stated that this is for a new Special Use Permit, but that other Special Use Permits have been granted in the past. Community Development Director Hinzman stated this was correct and that a three-year renewal was required. Associate Planner Barker stated that the applicant is required to provide an annual report to the City Council. Motion by Vaughan to recommend approval of the Special Use Permit for the Soil Processing Permit. Seconded by Stevens. Upon vote taken, Ayes 5, Nays 0. Motion carried. Hastings Automotive – Special Use Permit #2010-27 – Temporary Auto Sale In a C-4 6. rd District – Coborns Grocery – 225 W 33 St. Associate Planner Barker presented the staff report. Chair Zeyen opened the public hearing at 7:18. No members of the public spoke to the issue. Chair Zeyen closed the public hearing at 7:18. Commissioner Vaughan inquired if the donations will be collected on an honor system or documented. Associate Planner Barker stated it would be an honor system, but the Planning Commission could make a requirement for documentation. Commissioner Slaten asked if the car dealership’s insurance transfers over to the property. Associate Planner Barker stated she was not sure, but could inquire with the applicant. Community Development Director Hinzman stated that he was not sure if that was a requirement of the Special Use Permit. Motion by Slaten to recommend approval of the Special Use Permit with the additional condition that the applicant provide proof of insurance for the lot in which the sale is going to occur. Seconded by Rohloff. Upon vote taken, Ayes 5, Nays 0. Motion carried. Ordinance Amendment #2010-15 – Subdivision Ordinance – fences along collector roads. 7. Associate Planner Fortney presented the staff report. Chair Zeyen opened the public hearing at 7:26. No members of the public spoke to the issue. Chair City of Hastings Planning Commission Minutes – June 14, 2010 Page 4 of 6 Zeyen closed the public hearing at 7:26. Motion by Vaughan to approve the Subdivision Ordinance Amendment. Seconded by Stevens. Upon vote taken, Ayes 5, Nays 0. Motion carried. City of Hastings – Ordinance Amendment #2010-23 – Floodplain Ordinance – Change 8. Effective Map Date. Community Development Director Hinzman presented the staff report. Commissioner Stevens requested clarification that this means the City is going back to the 1981 maps. Community Development Director Hinzman confirmed this. Commissioner Slaten asked if this will last for one year, which was confirmed by Community Development Director Hinzman. Motion by Slaten to approve the Floodplain Ordinance Amendment. Seconded by Stevens. Associate Planner Fortney stated that a public hearing needed to be held. Chair Zeyen opened the Public Hearing at 7:30. Pete Likes for clarification that any addition would need to be one foot off the ground. Community Development Director Hinzman stated it would depend on Flood Elevations. He further stated that once an addition of fifty percent occurs, the new regulations go into effect. The resident referred to a memo from November pertaining to the floodway. Community Development Director Hinzman stated that the only action tonight was to change the date of implementation of the new maps. Chair Zeyen opened the Public Hearing at 7:33. Upon vote taken, Ayes 5, Nays 0. Motion carried. Other Actions Linn Companies – 9.Site Plan #2010-25 – Napa Store – 1501 Vermillion Street. Staff Report by Justin Fortney. Associate Planner Fortney presented the staff report. Stephen Linn, president of Linn Corporation, spoke about the limited site area and its affect on trees. City of Hastings Planning Commission Minutes – June 14, 2010 Page 5 of 6 Commissioner Stevens inquired about widening the alley width. Community Development Director Hinzman stated that the City is working with property owners to acquire enough right-of-way for a 25 foot alley. He stated that they have overlaid truck turning templates and there is adequate space for turning. th Commissioner Stevens asked if the alley widens as it nears 16 Street. Community Development Director Hinzman stated that the alley is slightly wider in front of the bank. The applicant stated that the alley is 3 feet wider in front of the bank. He stated he is working with property owners to get a 3 foot easement agreement, for a total of a 25 foot alley. Linn stated that the alley is 23 feet wide at the bank. Commissioner Slaten inquired as to how water runoff will be handled. Linn stated that there is underground water storage. Water will go into the ground into these tanks, which will then naturally drain. Commission Zeyen asked if the alley can handle semi traffic. Community Development Director Hinzman stated he would check to see if the alley was rated to handle semis. Commissioner Zeyen asked who will be responsible for the upkeep of the property. Community Development Director Hinzman stated it is a public alley, so the city will maintain it. Commissioner Vaughan inquired if the Park Commission or Forester reviews the plans. Community Development Director Hinzman stated that this would not go before the Parks Commission, only plats. He stated that the forester reviewed the plans, but did not make any formal comments. Commissioner Vaughan requested that future site plan review include formal comments from the forester. Commissioner Stevens inquired if both the building and parking runoff was contained. Linn confirmed it was both contained. Commissioner Vaughan asked if there was enough parking or an overage. Associate Planner Fortney stated there was an overage of parking. Commissioner Vaughan inquired if some of the parking could be removed and additional trees planted instead. Linn stated that about 25% of the parking would be removed as an entire row would need to be taken out. Commissioner Vaughan inquired about putting trees in both the islands. Linn stated that there is a containment area between the two islands, allowing for a tree in only one island. Chair Zeyen asked about interference of work relating to the recent construction projects. Linn stated that the ramps were mainly completed, but the overlay was not. Chair Zeyen inquired about th disruption to city services. Linn stated that the work would be done in the corner of 15, so it would have minimal disruptions. Chair Zeyen stated it would be good to see if a tie in could occur. Motion by Stevens to approve the Site Plan for Linn Companies at 1501 Vermillion St. Seconded by Slaten. Upon vote taken, Ayes 5, Nays 0. Motion carried. City of Hastings Planning Commission Minutes – June 14, 2010 Page 6 of 6 Other Business 10. Community Development Director Hinzman updated the Commission on upcoming items and past City Council actions. Adjourn 11. Motion by Vaughan to adjourn the June 14, 2010, Planning Commission meeting. Seconded by Stevens. Upon vote taken, Ayes 5, Nays 0. Motion carried. The meeting was adjourned at 8:02 p.m. Next Planning Commission Meeting – Monday, June 28, 2010 Respectfully submitted, ___________________________ Kari Barker Recording Secretary