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HomeMy WebLinkAbout09/11/00Hastings Planning Commission September 11th 000 Regular Meeting 7:00 p.m. Chairman Schultz called the meeting to order at 7:02 p.m. 1. Roll Call Commissioners Present: Anderson, Hollenbeck, Schultz, and Stotko. Commissioners Absent: Harrington and Strauss Staff Present: City Planner Matthew Weiland, Associate Planner Kris Jenson 2. Approve August 28, 2000 Planning Commission Meeting Minutes. 3. Cancel Public Hearing - Riverdale Rezoning Planner Weiland stated that because Met Council was still in the process of reviewing the Comprehensive Plan for the City of Hastings, the rezoning must be postponed until a later date. 4. Public Hearing - Siebens 4th Addition Preliminary Plat Planner Jenson provided background information on the subject. Chairman Schultz opened the public hearing at 7:05 pm. Chairman schultz closed the public hearing at 7:06 pm. Commissioner Anderson asked the applicant if the units would be rental versus owner occupied. Mr. A1 Sieben indicated that they would be rental to begin with, but the units are being constructed to permit their sale in the future. Planning Commission Action: Commissioner Greil moved and Commissioner Anderson seconded to recommend to the City Council to approve the Siebens 4th Addition Preliminary Plat, subject to the following conditions: That the Developer shall pay the required per residential interceptor sewer fee prior to release of final plat hardshells; That approval the preliminary plat and any final plat shall be subject to park/public land dedication requirements as recommended by the City of Hastings Natural Resources and Recreation Commission and approved by the Hastings City Council. The developer shall plant two trees, at least two inches in diameter, in the front yard. The Developer shall enter into a development agreement with the City of Hastings Documenting conditions of approval for Siebens 4th Addition. The Development agreement shall be signed prior to the City releasing the final plat hard shells. Upon vote taken, Ayes, 5; Nays, 0. Motion carried. 5. Public Hearing - Riverdale Preliminary Plat Planner Weiland presented background information on the item. Several residents had questions for Planner Weiland during his presentation, which included fire dept. approval of the project, street layout, and council knowledge of the project. Chairman Schultz asked the audience to hold their questions until Planner Weiland finished his presentation. Planner Weiland added that if this project were to be passed by the Planning Commission, it would not be reviewed by the City Council until the October 16th meeting, to allow for the 30 day comment period for the Minnesota Department of Natural Resources (DNR), Metropolitan Council, and the National Parks Service. Terry Matula, representative of DR Horton, the developer of this property, provided background information on DR Horton and their developments around the Twin Cities area. He explained that the land is under contract with the owners and that he has also been in active discussions regarding site access with Mr. Denn and Mr. Gillis. He also added that even though there is 2100' of shoreland on this property, and that they are proposing to cluster the lots together to provide more open space along the shore area. Chairman Schultz opened the public hearing at 7:51 pm. Ms. Pat Rother, 2012 Nininger Road, inquired about height restrictions on the proposed homes in the subdivision. Mr. Matula explained the procedure for determining the height of the building per the adopted building code. Ms. Rother asked about fill being brought in at the bottom of the hill behind the homes along County Road 42, and asked the Planning Commission to consider limiting the heights of homes in the proposed subdivision to protect the views of the neighbors along Cty. Rd 42. She also inquired about sewer pipes and their sizes. Mr. Matula stated that the existing storm sewer pipes are being replaced with larger pipes and that the existing pipes were installed on a temporary basis. Ms. Rother inquired about the trail which currently runs through the Mattson/Buss property. She stated that due to the funds used to construct the trail, special reviews will come into play. She asked if the Dakota County Highway Engineer has reviewed the plans. She expressed concerns with the accesses and the traffic and traffic speeds on County Road 42. She also stated that she intends to circulate a petition asking the City Council to order an EAW examining the land. Garrick Olson, 1982 Nininger Road, asked about the shoreland areas for Lake Rebecca. Plmmer Weiland showed him which areas were located within the shoreland area for Lake Rebecca. Mr. Olson also asked for some extra enforcement on the height of the buildings, perhaps including added penalties for violation. He also inquired whether a sidewalk was planned for in front of his house. He expressed concern over the impacts of the development on the view from the trail. Jim Gillis, 1976 Nininger Road, expressed concern over congestion and noise from traffic at the access point to the subdivision, as well as the impact of the headlights in the area. He asked if anyone was interested in maintaining the integrity of his home, and considering the impact on his lot. Karen Seeling-Mclnnis, 1320 Lincoln Lane, stated that she didn=t feel there was enough notification on the meeting, stated that the plans for the property seem to keep changing, expressed concern for the amount of traffic and the headlights in her windows, and crowding on the trail. She also feels that putting half as many homes on this property would be more appropriate. Mary Malban, 1988 Nininger Road, stated she was most concerned about the possible >glow factor= from the streetlights in this area. She would like to see full cut-offs on the street lights. Wayne Hicks, 2004 Nininger Road, stated that many people use County Road 42 as an entrance to town because it is shorter than using Highway 55, and that he has asked the City to reduce the speeds. He is also concerned about the adding of fill, that the houses will be too big for the lots, and the future of the trees on the hillside behind his home. Sharon Hoffman Avent, 12880 Lock Boulevard, expressed concern for the animals on her property located to the southeast of the proposed subdivision, concerns of being sued by people who do not stay on the trail and approach her animals, and concerns with the speed along County Road 42. Mr. Gillis feels that the 1.8 density is misleading because of the open space included in the equation. Ms. Rother asked if the ponding basins were being moved and asked what the logic behind the original locations was. Mr. Matula stated that the ponds were temporary locations for draining the road and the ponds are located in temporary easements. Bonnie Denn, 2036 Nininger Road, expressed concern about the water levels in the ditch in front of her home, as well as the speed on the County Road 42. She asked who would review the ponds to ensure that they would be adequate and would work. She also asked about access to the Dam if there were a flood. Planner Weiland responded that Outlot B, where the trail is currently located, would be deeded to the City, which would allow the City to grant the Army Corps of Engineers access to the dam via the trail should the need arise. As the situation is now, that cannot be done because the City only has an easement across the property. Ms. Denn stated that she was also concerned about the loss of wildlife in the trees behind her home, as well as the traffic impacts. Joe Kane, 2020 Nininger Road, felt that the trees on the hillside behind their homes should be declared a greenspace to protect them from being cut down. Chairman Schultz closed the public hearing at 8:37. Planner Weiland stated that he tried to write down everyone=s questions and would try to answer them all. The 25' height maximum applies to all residential districts in the City. He stated that the Planning Department and Planning Commission review proposed projects based on the adopted codes and ordinances of the City, and cannot arbitrarily add codes and restrictions. Ms. Rother asked how bringing in fill and the drainage plans fit in with the Mississippi River Corridor. Mr. Kane stated that a previous project proposed for this land was denied by the City Council in the eaa:ly 1960's, and wondered if that denial had any impact on this review and project. Planner Weiland stated that that specific denial does not have impact, although some of the issues may be simila]:. Mr. Kane stated that the project denied in the 1960's was denied due to traffic concerns. Planner Weiland continued answering the questions raised during the public hearing. He stated that the ponding on the site was intended to be temporary. Dakota County has been sent a copy of the plans and must approve the plans prior to the developer proceeding on the project. Bart Engineering is contracted by the City to review the ponds. Ms. Rother stated that she and her neighbors paid taxes to pay for the ponds. Ms. Denn stated that she is concerned about water in the ditch in front of her home and asked where the water from the road would be directed. Joel Cooper, from James R. Hill Engineering, stated that grading will be done to direct the water towards catch basins. Planner Weiland added that any work done on the trail will be done in conformance with state accessibility guidelines. He also stated that the trail is designed as that and not as a road. The Parks Dept and the NRRC will have to review and approve the trail plan, as will the City Council. He added that is not aware of what Dakota County=s process for reviewing and approving road accesses is. Finally, he stated that for the City Council to consider requiring a discretionary EAW would, the City Council would need to demonstrate significant masons to order the EAW. Mr. Matula added that the Koch easements which were once on the property have been vacated. Ms. Seeling-Mclnnis expressed concern about large houses on small lots and feels that the proposed development is too dense and that the houses will all look the same. Chairman Schultz asked the audience to refrain from commenting until Planner Weiland finished responding to their initial questions, as the Planning Commission members would have questions as well. Planner Weiland stated that there are no plans for a sidewalk on the North side of Nininger Road. The developer is in charge of selecting street lights and that the Public Works director anticipated that this development would require approximately 10-12 street lights total. Joel Cooper stated that the developer is proposing to match the grade at the base of the existing trees, and grading down towards the middle of the property. No filling would occur above the trees. Planner Weiland stated that a conservation easement could be considered for the hillside, but that paa:k dedication has been satisfied for this property. Mr. Kane asked how this project would proceed and how many hearing before the Council it would have. Planner Weiland responded that the rezoning would require two public hearings with a total of 3 meetings. The preliminary plat requires 1 public hearing with a total of two meetings. Ms. Denn stated that she feels the neighbors should be involved earlier in the project to have greater input on the development. Mr. Kane stated that the developers are responsible for putting in the infrastructure and the taxes paid on the property help to pay the maintenance of the infrastructure. Commissioner Anderson stated that he feels restrictive covenants could be used to maintain the green space along the hill sides without requiring tax dollars for maintenance. He added that he would like to see which street lights the developer has chosen by the next meeting to ensure that the neighbors along Nininger Road are not adversely affected by light pollution. He would also like to see how the developer would address access to the site if he were not able to purchase the additional land necessary for. Commissioner Anderson added that he would like to see Outlot A dedicated as a public paa:k. He suggested to the residents that they contact the appropriate agency to get the speed reduced in that area of Nininger Road. Chairman Schultz asked Planner Weiland to explain the review of the shoreland issues. Planner Weiland explained that the DNR reviews the plat and will comment on whether they feel it meets the intent of the shorelands ordinance. Chairman Schultz stated that she would like to see a buffer space along the river lots. Commissioner Stotko reminded members of the public that commissioners do not get paid for their service and must abide by the adopted ordinances and codes. He also added that they do respond to issues and concerns and address them when possible. His primary concerns for the project are the accesses and speed. Commissioner Greil asked what would prevent the lots in the proposed subdivision from being subdivided in the future. Planner Weiland stated that the shoreland issues will prevent any subdivision of lots in the future. Mr. Matula stated that Dakota County has a Legislative Plat Commission, made up of staff members and County Commissioners who review the plats. If they meet separation guidelines, the plat is approved. He also addressed density issues, adding that this parcel is 42 acres in size but only 28 is considered buildable. The development has been kept away from existing trees and that he would not object to placing restrictive covenants on those natural areas to preserve them. He addressed the comment that the plans have been changing, stating that this project has changed from the original ideas for the site, but that is to be expected during the course of development. He also stated that DR Horton will be required to submit a Letter of Credit to the City for 125% of the cost of public improvements. This give the City the ability to complete the project, using the developer=s money, should the developer walk away from the project. Ms. Seeling-Mclnnis stated that not everyone agrees with denser development. Planner Weiland stated that one of the goals of the Comprehensive Plan were to try and prevent sprawl and to grow within the city boundaries. Mr. Kane stated that he felt the City was doing a commendable job of keeping the City within its boundaries. Planning Commission Action: Chairman Schultz moved and Commissioner Anderson seconded a motion to table the Riverdale Preliminary Plat until the October 9th, 2000 Planning Commission meeting. Upon vote taken, Ayes, 5, Nays, 0. Motion carried. 6. Shoreland Variance - 623 2na Street East Planner Weiland informed the Commission that the DNR has agreed to permit the City to proceed on the redevelopment of this project and that a variance will not be required. 7. Updates and Other Business There were no updates or other business. 8. Adjournment There being no further business the meeting was adjourned at 9:50 pm.