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HomeMy WebLinkAbout10/23/00Hastings Planning Commission October 23rd 2000 Regular Meeting 7:00 p.m. Chairman Schultz called the meeting to order at 7:02 p.m. 1. Roll Call Commissioners Present: Anderson, Harrington, Hollenbeck, Schultz, Stotko, Strauss. Commissioners Absent: Greil Staff Present: City Planner Matthew Weiland, Associate Planner Kris Jenson, HRA Director John Grossman 2. Approve October 9, 2000 Planning Commission Meeting Minutes. Commissioner Anderson moved and Commissioner Hollenbeck seconded a motion to approve the October 9, 2000 meeting minutes. The vote was unanimous. 3. Public Hearing - Minor Subdivision (1803 Westview Drive). Planner Jenson presented background information on the project. Chairman Schultz opened the Public Hearing at 7:06 pm. Larry McNamara, 1281 S outhview Drive, stated that he was representing the homeowners in the Country Estates Addition and he has done much research on this issue and was involved in the two previous requests from homeowners for lot splits. He commended City Staff for their cooperation with him in his research. Mr. McNamara reviewed the two previous requests for lot splits, as well as the restrictive covenants for the property. He presented a document from 1992 for the Planning Commission that reflected the signatures of a majority of the neighbors supporting the covenants. He also stated that a previous land owner purchased additional land from the Hastings Country Club in order to have a better view of the 18th green. Chairman Schultz asked Mr. McNamara if he recalled the circumstances surrounding the vote on the April 6, 1981 minutes, being that the minutes stated that the motion was to reconsider the lot split. Mr. McNamara stated that he did not remember the circumstances surrounding that vote. Commissioner Strauss inquired about the recording of the covenants and the plat, and if they were done at the same time. Planner Weiland stated that the Final Plat was recorded on June 6, 1960. The covenants were recorded on November 15th, 1963. This is one reason the City is not responsible for enforcing covenants, because the City is not involved in developing them. Rick Truax, 1911 Hilltop Lane, stated that he has contacted 24 of the 50 owners within the subdivision and all are in favor of denying the request. Don Keller, 1171 Southview Drive asked if anyone is permitted to split lots. Planner Weiland stated that there is a specific process outlined in the City=s Subdivision Code. The applicant was required to submit a survey of the existing lot, showing the proposed new lot line as well as new legal descriptions and lot sizes. Mr. Keller asked if grading plans were required for this type of subdivision. Planner Weiland stated that they were not and that grading and drainage issues would be reviewed along with a building permit. Michael Dolan, 1221 Southview Drive, asked the Planning Commission to deny this proposal and maintain the integrity of the existing lots and their size. With no further public comment, Chairman Schultz closed the public hearing at 7:24. Planner Weiland stated that the City is not stopping residents from enforcing the covenants, but the City itself cannot enforce private covenants. Chairman Schultz stated that obviously the covenants give some weight to the issue. Commissioner Stotko stated that he lives on land with covenants and hoped that the City would respect those covenants. Planner Weiland stated that the City is not the proper channel for legal interpretations of the covenants and what is or is not permitted under those covenants. He advised the Planning Commission that if they chose to recommend denial of this proposal, they would need to include findings of fact. John Botnen, owner of the property in question stated that the house was placed on the lot for the best possible view of the golf course, not to facilitate a lot split. He specifically asked the title company at the closing on this property and was told that there were no covenants on the property. Chairman Schultz inquired if the location of the house on the lot would have changed had he known he couldn=t split the lot. Mr. Botnen stated that the house would have been located in the same place. Mr. McNamara stated that if the current owner was not told about the covenants, it was derelict of duty by the title company and the owner. Mr. Botnen stated that his realtor is a member of the Hastings Country Club and was unaware of any covenants. Mr. Keller added that when a purchase agreement is signed, it is subject to any covenants on the land. Chairman Schultz stated that the Planning Commission was not looking to place blame on anyone. Planner Weiland stated that the Planning Commission needed to decide is this meets City Ordinance. Commissioner Strauss stated that covenants and easements are often a part of the decision-making process and feels that they should be upheld. Planning Commission Action: Commissioner Anderson moved and Commissioner Stotko seconded a motion to recommend to the City Council denial of the Minor Subdivision, with the following findings of fact: 1. Restrictive covenants exist over the property. 2. Prior findings of the City Council 3. Proposal is contrary to the original intent of the County Club Estates Plat 4. Proposal is detrimental to the original aesthetic character, as the proposed lots are substantially smaller than the other lots in the subdivision. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 4. Housing TIF District - Guardian Angels Redevelopment Block HRA Director Grossman presented background information on this project. Commissioner Harrington asked why the GA block could not be added to the existing TIF District. Director Grossman stated that the Downtown District has just 6 years left, which is not enough time for the Housing District needs. Planning Commission Action: Commissioner Strauss moved and Commissioner Harrington seconded a motion to recommend to the City Council approval of the attached resolution. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 5. Final Plat - Sieben=s 4th Addition Planner Jenson presented background information on the project. She noted a correction on page 2 of the Staff report, that the sewer interceptor fee is $305.00 for 2 units for a total of $610.00, not the $1500.00 listed in the report. Planning Commission Action: Commissioner Stotko moved and Commissioner Hollenbeck seconded a motion to recommend to the City Council to approve Siebens 4th Addition Final Plat, with the following conditions: 1. The final plat hardshells must be consistent with the approved final plat, including the addition of 10 foot utility and drainage easements along the south property line. 2. That the Developer shall pay the required per residential unit interceptor sewer fee $305.00 per unit 4 for a total of $610.00, prior to the release of the final plat hardshells. 3. That the Developer shall pay the required per unit park/public land dedication fee of $850.00 per umt, for a total of $1700.00, prior to the release of the final plat hardshells. 4. The Developer shall plant two trees, at least two inches in diameter, in the front yard. 5. 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 hardshells. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 6. Final Plat - Bailey Ridge Planner Weiland presented background information on the project. Chairman Schultz asked if the street within the development had to be named 13th Street. Planner Weiland stated that that was the recommendation of the Public Works Director. Planning Commission Action: Commissioner Anderson moved and Commissioner Stotko seconded a motion to recommend to the City Council to approve Bailey Ridge Final Plat, with the following conditions: 1. That final plat approval is contingent upon the rezoning of this property to R-3 Planned Residential Development. 2. That the final plat hardshells be modified to increase the drainage and utility easements in Block 2 to 10 feet along the southern and western property lines. 3. That the applicant shall pay a park dedication fee of $850.00 per unit or $25,500.00 for 30 units. There may be a park dedication credit on this property. The developer will have to show evidence to the City of the credit to receive reduced park dedication fees. These fees shall be agreed to upon in the development agreement. 4. That the applicant shall pay a $305/lot - Interceptor Sewer Fee - which would total $9,150.00 for 30 units. 5. The Public Street shall be named 13th Street. 6. That the developer shall provide evidence that all private drives and utilities will be maintained by a homeowner=s association not by the City. 7. That the Developer shall enter into a Development Agreement with the City to memorialize conditions of final plat and site plan approval and that the executed Agreement shall be recorded against the subject property prior to issuance of building permits. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 7. Concept Plan - Century South (Greten Property) Planner Weiland presented background information on the project. Chairman Schultz inquired about the timeline for this project. Planner Weiland stated that there would be many steps involved with this project from annexation to final plat approval, and stated that a specific timeframe could not be given at this time. Jim Johnston, Lyman Development, stated that as the developer of this property, they have worked to meet the goals of the Comprehensive Plan and provide a mix of housing. Michael Gair, VP of McCombs Frank Roos Associates, Inc., discussed the layout of the proposed subdivision, including the 36th Street connection and north/south connections for future developments in the vacant areas surrounding the subdivision. Planner Weiland stated that the developer was looking for the Planning Commission=s support on this project. Chairman Schultz added that this project involves a number of the major components of the Comprehensive Plan, including the transportation and utility aspects. Commissioner Stotko inquired about the drainage on the site, if it all went towards the ravine. Mr. Gail stated that about half the site drained towards the ravine area, while the other half drained towards Hwy. 61. Planner Weiland added that there are major drainage ways as a part of the Riverwood Development directly to the west of this project. Commissioner Strauss commented that this was a part of our short-term growth area plans, that this area had the highest priority due to the infrastructure elements necessary in the area. Commissioner Anderson asked about the proposed townhome units and the numbers proposed for each building, as well as the size of the park. Mr. Gair stated that the proposal includes area for 8 unit buildings, 4 unit buildings, twinhomes, and single family homes. Mr. Johnston added that they have a handshake deal with Rottlund Homes to construct some of the townhome units. Planner Weiland passed around elevations for some of Rottlund=s current townhome product in other developments. He added that the park area is just under 4 acres in size. He also suggested to Commissioners that if they are interested, they can check out some of the other Rottlund developments in Eagan and Apple Valley. He also pointed out that the traffic circulation on this site is excellent, and only 1 cul-de-sac was incorporated. Commissioner Harrington inquired about vegetative island in cul-de-sacs and possibly narrowing the side streets to reduce speeds and impervious surfaces. He also expressed some concern about parking at the park area. Planner Weiland stated that vegetative islands are still incorporated and issues of narrower streets are reviewed at a later stage in the project. He added that the issue of parking at the park would be addressed by the Parks Department. Planning Commission Action: Commissioner Strauss moved and Commissioner Harrington seconded a motion to recommend to the City Council the approval of the Century South Concept Plan and to pursue annexation of the Greten Property, subject to the following conditions: 1. That the applicant agrees and understands that the city is approving only a concept plan and that this does not guarantee approval of any future preliminary or final plats 2. That this property must be approved for annexation through an orderly annexation agreement or other means before the City will act on any final approvals for this property 3. That the property must be approved for MUSA expansion by the Metropolitan Council before the city can act on the final approval for any phase of this property. 4. That the applicant will be required to submit full preliminary plat information before a preliminary plat will be processed for approval. 5. That the developer shall provide the City a letter of credit and an agreement to cover the costs of preliminary utility plan creation for this property, subject to the approval of the Public Works Director. Upon vote taken, Ayes, 6, Nays, 0. Motion carried. 8. Updates and Other Business Staff will be making a presentation to the Met Council as a part of the Livable Communities Grant Application for the Guardian Angels Redevelopment Block on Thursday, October 27th. 9. Adjournment There being no further business the meeting was adjourned at 8:34 pm.