HomeMy WebLinkAbout04/12/99Hastings Planning Commission
Minutes of April 12th, 1999
Regular Meeting
Commissioner Schultz called the meeting to order at 7:01 p.m.
Commissioners Present: Flom, Donndelinger, Harrington, Schultz, Anderson, and Strauss
Commissioners Absent: none
Staff Present: Acting Community Development Director, Matt Weiland.
2. Minutes:
There being no additions or corrections the minutes of the March 22nd, 1999, Regular Planning
Commission Meeting were approved.
3. Public Hearing - Rezoning Wallin 9th Addition (A - R-l)
Acting Community Development Director, Matt Weiland presented background information on this
subject.
Public Hearing Opened at 7:10 pm for the Rezoning.
Public Comments: There were no public comments.
The Public Hearing was closed at 7:25 pm
Planning Commission Action:
Commissioner Harrington made a motion and Commissioner Flom made a second to recommend
approval of the rezoning of this property to R-1 Low Density Residence.
Upon vote taken, Ayes, 6; Nays, 0. Motion Carried
4. Public Hearing- High School Rezoning (A - R-3 PRD)
Acting Community Development Director, Matt Weiland presented background information on this
subject.
Public Hearing Opened at 7:50 pm for the Rezoning.
Public Comments: There were no public comments.
The Public Hearing was closed at 7:51 pm
Planning Commission Action:
Commissioner Harrington made a motion and Commissioner Flom made a second to recommend
approval of the rezoning of this property to R-3 Planned Residential Development.
Upon vote taken, Ayes, 6; Nays, 0. Motion Carried
5. Public Hearing - High School Preliminary Plat
Acting Community Development Director, Matt Weiland presented background information on this
subject.
Public Hearing Opened at 7:50 pm for the Rezoning.
Public Comments: There were no public comments.
The Public Hearing was closed at 7:51 pm
Planning Commission Discussion: Commissioner Harrington was concerned about the southern trail
being so close to southern pond.
Planning Commission Action:
Commissioner Strauss made a motion and Commissioner Anderson made a second to recommend
to City Council the approval of the Hastings High School Preliminary Plat subject to the following
conditions:
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That the property is rezoned to R-3 Medium Density Housing.
That the old 4th St W Street/Utility easement must be vacated before the final plat can be
recorded.
That the Final plat is modified to plat the City Water Tower property as a lot.
That easements agreements are prepared allowing the school district to use the city water
tower property. These agreements shall be recorded with the development agreement.
That the EAW (Environmental Assessment Worksheet) receives a negative declaration
by the City Council
That the Natural Resources and Recreation Commission approves the playing fields for
park dedication purposes prior to release of final plat hardshells.
That the applicant shall pay a $300/lot - Interceptor Sewer Fee - which would total $300
for the proposed lot prior to City release of final plat hardshells.
That the applicant and the City shall agree on cost shares of the Traffic Signal and traffic
improvements in a Development Agreement.
That the applicant shall obtain Site Plan approval from the City prior to issuance of any
building permits for any future proposed developments on property.
That the applicant shall be required to replat outlots before they may be developed
That the applicant shall enter into a Development Agreement with the City to
memorialize conditions of preliminary plat approval and that the executed Agreement
shall be recorded against the subject property prior to issuance of an grading and/or
building permits.
Upon vote taken, Ayes, 6; Nays, 0. Motion Carried
6. Wallin 8th Addition final plat
Acting Community Development Director, Matt Weiland presented background information on this
subject.
Planning Commission Action:
Commissioner Donndelinger made a motion and Commissioner Anderson made a second to
recommend approval of the Wallin 8th addition Final plat to City Council subject to the following
conditions
1. The final plat hard shells must be consistent with the approved final plat.
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The developer shall pay $300.00 per lot for sewer interceptor fees, $3000.00 for 10 lots, prior to
the City signing and releasing the final plat.
The developer shall submit landscape plans showing the cul-de-sac islands required for River
Shore Court. The developer shall also be responsible for proving that the island will be
maintained by some means other than through City involvement.
The developer shall plant one %oulevard" tree and one front yard tree per lot. These trees shall
be at least two inches in diameter at the base and the species of the tree should be on the list of
approved trees Created by the city Forester. This requirement is consistent with what the city has
been requiring in other areas. An escrow is required for any unplanted trees before occupancy of
any units without trees is allowed.
Upon vote taken, Ayes, 6; Nays, 0. Motion Carried
7. Wallin 9th Addition Final Plat
Acting Community Development Director, Matt Weiland presented background information on this
subject.
Commissioner Strauss was concerned about the lots along the Vermillion River and wanted to make sure
these lots met shoreland requirements.
Planning Commission Action:
Commissioner Harrington made a motion and Commissioner Donndelinger made a second to
recommend approval of the Wallin 9th addition Final plat to City Council subject to the following
conditions
The final plat hard shells must be consistent with the approved final plat.
The final approval of the final plat is contingent on the rezoning of the property to R-1.
The developer shall pay an interceptor sewer charge of $300.00 per single family lot,$7,800.00
for 26 lots, prior to the City signing or releasing the final plat hardshells.
The Developer will have to provide access to Outlot A Wallin 9th Addition in one of the
following ways to be recorded in the development agreement:
1. The developer will grade a trail and grant and access easement along the eastern part of
the swale from the Stone Meadow Dr access trail in Wallin park to the pond in Outlot A
Wallin 9th Addition; or
2. The Developer will install bituminous access trails between Lots 3+4 and the Western
side of Lot 1, Block 2, Wallin 9th Addition. This was originally illustrated in the Wallin
3rd Addition Preliminary Plat.
3. The Developer will provide an alternative access to the pond with an understanding that
any access over private property will require an easement and a bituminous trail.
The developer shall provide documentation that common open space and ponding basins in
outlots A, B, and C shall be privately maintained by a development association and not the city.
The Developer shall modify the plat and development plans to provide a paved driveway access
easement to the manhole located between lots 1+2, Block 5, Wallin 9th Addition, for the purpose
of sewer access. There must be a turn around area installed and the slope of the drive must not
exceed 8%. Maintenance of this drive will be the homeowner's responsibility. This drive will be
constructed at the same time as the street improvements.
The Developer shall provide a grading plan to the Public Works Director for land to be graded in
conjunction with Wallin 9th addition outside of the preliminary platted area.. This grading plan be
approved by the Public Works Director and incorporate any of his comments.
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The Developer shall correct the existing drainage problem in Wallin Park as part of the grading
work done for the Wallin 9th addition. The developer shall provide the Public Works Director
grading plans addressing this problem.
The developer shall understand that any grading allowed in areas that have not been preliminary
platted does not guarantee future preliminary plat or grading plan approval for those area.
The developer shall plant one ~boulevard" tree and one front yard tree per lot. These trees shall
be at least two inches in diameter at the base and the species of the tree should be on the list of
approved trees created by the City Forester. This requirement is consistent with what the city has
been requiring in other areas. An escrow is required for any unplanted trees before occupancy of
any units without trees is allowed.
The Developer shall enter into a development agreement with the City of Hastings Documenting
conditions of approval for the Wallin 9th addition. The Development agreement shall be signed
prior to the City releasing the final plat hard shells.
Upon vote taken, Ayes,6; Nays, 0. Motion Carried
9. Hastings High School Site Plan
Acting Community Development Director, Matt Weiland presented background information on this
subject.
Planning Commission discussion:
The Planning Commission recommended not requiring landscape island trees, but did want to see more
landscaping along southern edge of the parking lot.
Planning Commission Action:
Commissioner Strauss made a motion and Commissioner Donndelinger made a second to
Recommend to City Council the approval of the Hastings High School Site Plan subject to following
That the proposed structure and accessory items including, but not limited to, the parking lot and
landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy
of the building, all uncompleted items contained within the site plan shall be addressed pursuant
to city code escrow requirements.
That the property is rezoned to R-3 Medium Density Housing
That the EAW receives a negative declaration by the City Council
That the applicant shall modify the landscaping plan to include some vegetative screening
between the eastern edge of the northern parking lot facing General Sieben Dr.
That the applicant shall modify the landscaping plan to include trees in the parking islands or
more trees should be included along the eastern edge of the parking lot facing General Sieben Dr.
That the submitted site plan grants the future additions concept plan approval only. Detailed site
plans will have to be provided for full site plan approvals.
Upon vote taken, Ayes, 6; Nays, 0. Motion Carried
10. Bruce Jorgenson Variance - Tierney Dr
Acting Community Development Director, Matt Weiland presented background information on this
subject.
Planning Commission Action:
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Commissioner Strauss made a motion and Commissioner Anderson made a second to not
Recommend approval of a 5-foot sideyard setback variance based on the findings that the applicant
has not satisfied the variance criteria as follows:
A. That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in the same
district.
B. The literal interpretation of the City Code would deprive the applicants of rights commonly
enjoyed by other properties in the same district under the terms of Chapter 10.
C. That the special conditions and circumstances do not result from actions of the applicant.
D. That granting the variance requested will not confer on the applicant any special
privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district.
NO non-conforming use of neighboring lands, structures, or buildings in the same district, and no
permitted or nonconforming use of lands, or buildings in other districts shall be considered
grounds for the issuance of a variance.
And the Following Findings of Fact
There are other reasonable option
The applicant could do a lot line adjustment.
The applicant could build a smaller house.
Upon vote taken, Ayes, 6; Nays, 0. Motion Carried
6. Updates and Other Business:
Acting Community Development Director, Matt Weiland informed the Planning Commission about the
Comprehensive Plan Cable Show.
Adjournment:
There being no further business the meeting was adjourned at 8:30 pm