Loading...
HomeMy WebLinkAbout03/20/02{-IASTIN6/S PLANNIN6/COMLMIISSION March 20th, 2002 Regular Meeting 7:00 pm Chairman Anderson called the meeting to order at 7:02 pm. 1. Roll Call Commissioners Present: Anderson, Greil, Hollenbeck, Michno, Twedt Commissioners Absent: Stotko Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson 2. Approve March 11, 2002 Planning Commission Minutes With no changes, the minutes were accepted by a unanimous vote. Public Hearing - Wallin Rezoning - A Agriculture to R-1 Low Density Residence and R-3 Medium High Density Residence Public Hearing - Wallin Preliminary Plat Planner Jenson presented background information on the subject. She also reminded the Commission that while there were two separate actions before the Commission, one public hearing would be held for both items. Chairman Anderson opened the public hearing at 7:10 pm. David Carl, 1661 Stonegate Court, inquired as to the elevation of the raod behind his home, as well as asked for clarification of the area zoned for high density housing. Planner Jenson responded that Mr. Carl should inquire with the Public Works Director as to the elevations proposed for the area behind his home. She also calrified that there are eight twinhome lots along Carleton Drive that are proposed to be zoned R-3, which is the same classification as the twinhomes currently located along Carleton Drive. Hearing no other comment, Chairman Anderson closed the public hearing at 7:15 pm. Commissioner Greil asked Staff why there were so many cul-de-sacs in the proposed subdivision, since the city had adopted an ordinance prohibiting cul-de-sacs except when necessary due to topography and preexisting conditions. Planner Jenson responded that the entire Wallin property - 250 acres - was master planned from the beginning. Since that time, there have been changes made to layout, actully resulting in the reduction of cul-de-sacs and the saving of trees, but it wasn't possible to eliminate all of them. She also pointed out that the developer's representative was present at the meeting if the Commission had any questions for him. Planning Commission Action: Commissioner Twedt moved and Commissioner Hollenbeck seconded the motion to recommend rezoning of the Wallin Property from A Agriculture to R-l, Low Density Residence and R-3, Medium High Density Residence to the City Council. Upon vote taken: Ayes: 6, Nays: 0. Planning Commission Action: Commissioner Hollenbeck moved and Commissioner Twedt seconded a the motion to recommend approval of the Wallin Preliminary Plat to the City Council, subject to the following conditions: 2. 3. 4. 11 12. 13. 14. That preliminary plat approval is contingent upon the property being rezoned to R-1 and R-3. That all private drives and related utilities be designed and constructed according to City policies, as determined by the Public Works Director. That the developer shall provide evidence that all private drives and utilities will be maintained by a homeowner's association, not by the City. That the final plat shall be modified to incorporate modifications as requested by the Fire Marshall with regard to street names. The following modification shall be made: A. Chantrey Trail shall be changed to River Shore Drive. That the preliminary plat is subject to Dakota County review and shall incorporate any comments received into the final plat. That the final plat shall be modified to incorporate any changes as requested by the Public Works Director with regards to streets, utilities, grading, and stormwater management. That the City shall pay the difference in oversizing the utilities in the project. These costs shall be agreed to in the development agreement. That the cul-de-sac islands shall be maintained by the homeowners and not by the City. The developer shall provide documentation on the maintenance of the cul-de-sac island to be recorded with the plat and development agreement. That the developer shall have a separate water meter and water line installed for all irrigation systems. The applicant shall be required to pay $310.00 per lot in interceptor sewer charges, prior to the city releasing the final plat hardshells. The interceptor sewer charge for this project totals $42,470.00 for 137 units. That the applicant shall be required to pay $850.00 for 62.00 lots in park dedication fees, for a total of $52,700.00. The applicant shall also dedicate Outlot A and Outlot D, as indicated on Preliminary Plat sheets 4 and 5 of 18, dated 1-11-02, to the City at the time of platting. That the builders in this subdivision shall plant 'boulevard' trees according to the submitted tree plan and one front yard tree per lot. The City Forester has commented on the boulevard tree plan, and those comments have been passed on to the developer to incorporate into the plans. An escrow is required for any unplanted trees before a certificate of occupancy is issued for any unit without trees is allowed. That the portion of the Wallin property located south of the Vermillion River must be annexed into the City of Hastings prior to being platted. That these items will be memorialized in a development agreement with the City, to be signed prior to the recording of the final plat. Upon vote taken: Ayes: 5 Nays: 0. 4. Public Hearing - Minor Subdivision/Variance - 1802 Eddy Street Planning Director Hinzman presented background on the project. Chairman Anderson opened the public hearing at 7:24 pm. Gary Esler, 220 West 18th Street, requested that the Commission deny this request due to the size of the lot and that he feels putting a twinhome on this lot is too much on the lot. He is also concerned about the impact that the reconstruction of 18th Street and its potential widening will have on this lot. Dave Vortherms, 315 West 18th Street, stated that he didn't feel the lot was big enough to support a twinhome and encouraged the Commission to deny the request. Renee Meyer and Gary Hesleton, applicants, stated that they were requesting the variance based on Section 10.26a of the Zoning Code, which states as follows: "Where adjacent structures have front yard setbacks different from those required, the minimum front yard setback shall be the average setback of such structures, but in no case shall the front yard setback be less than 10 feet." Mr. Heselton also stated that with the setback required on this lot, the buildable area would be approximately 1100 square feet, and that just wasn't a feasible size to work with on this proposal. Kathy Stevens, 309 West 18th Street, questioned how far the unit would be located from her home, and she inquired as to the housing style planned for the sites. Staff responded that the unit adjacent to her, which will be discussed as the next agenda item, is proposed to be located 13' from the side property line with her property. Commissioner Greil asked the applicants if they could construct a two story home on the lot, or exactly what style they were proposing. Mr. Heselton stated that they were intending to construct a split-entry side by side twinhome. He stated that the grades would not work to construct a two-story home on the property. Commissioner Michno asked for clarification that the lot met size regulations. Planning Director Hinzman clarified for the Commission that the lot, including the areas used for roadway easement, meets the minimum required for a duplex unit. Commissioner Twedt expressed concern about the uncertainty of the sidewalk location on 18th Street. Planning Director Hinzman stated that the ROW area along 18th Street would not be changing. Chairman Anderson stated that he agreed with the residents of the area that the proposal was too much house for the lot. Planning Commission Action: Commissioner Michno moved and Commissioner Greil seconded the motion to recommend denial of the variance for 1802 Eddy Street to the City Council, based on the following findings of fact: Absence of a special or unique condition or circumstance differentiating the property from other properties in the district. Granting of the variance would effectively lower the setback and lot size thresholds for all properties in the zoning district. Upon vote taken: Ayes: 5, Nays: 0, Motion carried. Planning Commission Action: Commissioner Twedt moved and Commissioner Michno seconded the motion to deny the request for a minor subdivision at 1802 Eddy Street, based on the following findings of fact: Existence of reasonable property use. The existing lot has a large enough development window to construct a single family home in accordance with minimum setback requirements. Single family homes are the predominant land use in the area. Upon vote taken: Ayes: 4, Nays: 1, Greil dissenting. Motion carried 5. Public Hearing - Minor Subdivision/Variance - 305 18th Street Planning Director Hinzman presented background on the item. Chairman Anderson opened the public hearing at 7:48 pm. Gary Esler, 220 West 18th Street, reiterated his objection to a minor subdivision and variance on this lot. The public hearing was closed at 7:50 p.m. Commissioner Greil stated that the issues on this lot were more clear due to the fact that the lot does not meet the minimum lot requirements. Planning Commission Action: Commissioner Greil moved and Commissioner Hollenbeck seconded the motion to deny the variances requested for 305 18th Street West, based on the following findings of fact: 1. Absence of a special or unique condition or circumstance differentiating the property from other properties in the district. Granting of the variance would effectively lower the setback and lot size thresholds for all properties in the zoning district in absence of a unique condition. Upon vote taken: Ayes: 6, Nays: 0. Motion carried. 6. Public Hearing - Minor Subdivision - 1115 Ramsey Street Planner Jenson presented background information on the item. Chairman Anderson opened the public hearing at 7:55 pm. The applicant, Barbara Wiener, asked if new lots within established areas were required to pay park dedication fees. Planner Jenson responded that anytime a new lot is created within the City limits, park dedication and sewer interceptor fees are collected. Chairman Anderson closed the public hearing at 7:57 pm. Planning Commission Action: Commissioner Twedt moved and Commissioner Hollenbeck seconded a motion to recommend approval of a minor subdivision for 1115 Ramsey Street to the City Council, subject to the following conditions: 1. Approval of a resolution waving platting requirements. 2. The resolution waving platting requirements and a certificate of survey shall be recorded with the County. A copy of the certificate of survey shall also be filed with the City. 3. The applicant shall pay $850.00 in park dedication fees. 4. The applicant shall pay $310.00 in sewer interceptor fees. 5. The developer shall plant one front yard tree at the time of home construction. This tree 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. Upon vote taken: Ayes: 6, Nays: 0. Motion carried. 7. Public Hearing - Special Use Permit/Site Plan Review - 705 Vermillion Street Commissioner Greil excused himself from the discussion and vote for this item, as he is the applicant. Planning Director Hinzman presented background information on this item. Chairman Anderson opened the public hearing at 8:03 pm. Wes Lund, 120 E. 7th Street, stated that he was in favor of the special use permit and of the Greils opening the store. He was concerned about some of the building code issues that may prevent the Greils from going forward with the plans, however. Chairman Anderson closed the public hearing at 8:05 pm. Commissioner Twedt inquired as to what type of review the HPC would have over this matter. Director Hinzman stated that the HPC reviews exterior modifications. Mr. Greil stated that the property is on the local historic register and within a historic district. Chairman Anderson asked what kind of signage was intended for this business. Mr. Greil stated that they were planning on a small monument style sign keeping with the Victorian theme. Chairman Anderson stated that from a fire code perspective, he guessed the use would qualify as an accessory use and that Mr. Greil would be able to use sprinklers in lieu of firewall separations. Commissioner Michno inquired as to the bathroom requirements. Planning Director Hinzman stated that a handicap accessible bathroom is required per ADA requirements. Commissioner Hollenbeck stated that as a business owner in the downtown area, she feels this will be a wonderful addition to the Hastings area and wished Mr. Greil the best of luck. Planning Commission Action: Commissioner Hollenbeck moved and Commissioner Michno seconded a motion to recommend approval of the Special Use Permit for neighborhood commercial and Site Plan of 705 Vermillion Street, subject to the following conditions: 1. Compliance with applicable building codes and permits. 2. Operation of the business shall comply with the "Background on Request" statement submitted by the applicant. A copy of the letter shall be attached and made part of the permit. 3. Heritage Preservation Commission review and approval for any exterior modifications. Upon vote taken: Ayes: 4, Nays: 0, Greil abstain. Motion carried. 8. Hastings Marketplace West - Preliminary/Final Plat Review Planning Director Hinzman presented background information on the item. He explained that while this has been reviewed, because the final plat was not filed within 1 year of the preliminary plat approval, the preliminary and final plat must be re-certified by the City. Commissioner Greil asked for clarification on the South Frontage Road issue. Planning Director Hinzman stated that the Road is intended to be constructed as a City Project. Planning Commission Action: Commissioner Greil moved and Commissioner Twedt seconded a motion to recommend to the City Council approval of the Preliminary/Final Plat for Hastings Marketplace West, subject to the following conditions: All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. That the final plat is subject to MNDOT approval and that the Developer shall incorporate any MNDOT's comments into the final plat. That the final plat hardshells shall be modified to illustrate MNDOT R.O.W. and restricted access. The developer shall pay applicable interceptor sewer charges per developable acre. The developable acres for this property shall include the whole plat except for the existing drainage and utility easement on the south side of this property. These fees shall be paid prior to City release of final plat hardshells. That the Developer shall obtain Site Plan approval from the City prior to issuance of any building permits for any future proposed developments on property. There shall be shared access easements and agreements recorded with the final plat that allow for shared access through the property. That the final plat hardshells shall be modified to expand the 30 ft drainage and utility easement to connect up with the existing platted drainage and utility easement over the property. Modifications in conjunction with the General Sieben Drive and Highway 55 intersection improvements must be incorporated. 10. That the developer shall complete a survey of the ponding basin and calculate its storage volume upon completion of the mass grading of the site. 11. Execution of a development agreement between the city and developer to memorialize the conditions of this resolution. Upon vote taken: Ayes: 5, Nays: 0. Motion carried. 9. Coliseum Restaurant - Site Plan Review - 1840 Vermillion Street Planner Jenson presented background information on the item. The applicant, David Harris, added that while Staff was recommending the closure of one access to Hwy 61, because the access was located on another property with which the restaurant is planning to have cross-access easements, he cannot guarantee that the other property owner will agree to the closure. Chairman Anderson asked what was being done with the bowling alley. He also asked for more specific information on the exterior details. Mr. Harris stated that the bowling alley would be filled in. He stated that the building would be painted white in areas, while others would have some stucco detailing and crown molding treatment. Commissioner Twedt inquired as to signage for the site. Mr. Harris stated that he did not think there would be the need for a freestanding sign on the site. Planning Commission Action: Commissioner Twedt moved and Commissioner Hollenbeck seconded a motion to recommend to the City Council the approval of the Coliseum site plan, subject to the following conditions: 1. That the proposed structure and accessory items including, but not limited to, the parking lot 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. 2. That the applicant provide evidence of a cross access easement with the lot directly to the north prior to building permit issuance. 3. That the grading and utility plans shall incorporate the comments of the Public Works Director in regards to grading, drainage, utilities, and stormwater management, and shall be approved prior to building permit issuance. 4. That the landscaping plan be modified to include a retaining wall along the west property line. Any other comments from the City Forester shall be included on the landscaping plan. 6. That all lighting on the site shall be downcast and shielded with cut off shields. 7. That the Site Plan approval shall be contingent upon MNDOT review and approval. That the site plan shall be modified to incorporate MNDOT comments. 8. That the loading zone adjacent to the dumpster enclosure be marked as such on the pavement. Upon vote taken: Ayes: 5, Nays: 0. Motion carried. 10. Site Plan Review - St. Elizabeth Ann Seton temporary classrooms - 600 Tyler Street Planning Director Hinzman presented background information on the subject. He also stated that the HPC given indication that the building permit would be likely denied due to lack of compatibility with the historic neighborhood. Rita Humbert, principal at St. Elizabeth Ann Seton (SEAS) School stated that there will be 4 classrooms, the color had been chosen to most closely match the existing school building. Commissioner Greil asked which students would be using the buildings. Ms. Humbert stated that grades 3 & 4 will use the classrooms. The will use the main building for lunch, gym class, and the library. Commissioner Greil inquired as to the time frame for future school construction. Ms. Humbert stated that SEAS hoped to have a new school built within 5-7 years. She admitted that the parish is approximately 2-3 years behind schedule from where they hoped to be 3 years ago. Commissioner Greil asked if SEAS had considered using the existing site church facility for school purposes. Ms. Humbert stated that at this point it wasn't feasible to have children at the site. Commissioner Twedt confirmed that the classrooms would have their own heat, cooling, bathrooms, and were of a comparible size to existing classrooms. Chairman Anderson stated that would insist upon an agreement that the classrooms would only be used for a specific amount of time, but that he could not support a 7 year time frame. Commissioner Twedt stated he was comfortable with the time frame. He stated that the Planning Commission was not the parish council, and that if they were willing to remove the classrooms at the end of a determined time period, he could support the request. Ms. Humbert added that she hoped that past history would not be held against this request. Commissioner Michno asked what had caused the delay in building the school. Ms. Humbert stated that apparently there was some confusion on the group reaching a consensus. When it was discovered that consensus was not reached, the process was started over again. Commissioner Hollenbeck asked if the school would be requesting additional classrooms in the future. Ms. Humbert stated that there would be no more requests for classrooms. Currently the library is being used as a classroom, and the music class is on wheels. Commissioner Greil asked if SEAS would be using the former Guardian Angels school that is being remodeled for pre-school. Ms. Humbert stated that initially, when the proposal included minimal rent to cover the utilities, it was planned for that. However, the most recent rent figures have come back much higher, and SEAS will not be using the facility. Commissioner Greil stated he was surprised that the church didn't have provisions for that built into the contract for purchase. Commissioner Twedt reminded the Commission that they needed to be reviewing the proposal for compliance with the Zoning Code. Commissioner Hollenbeck stated that she would want to see a time limit imposed on the life of the structures. Commissioner Greil asked how the HPC decision affected the Planning Commission's recommendation. Planning Director Hinzman stated that it wasn't all clear in the codes whether the HPC recommendation was for the Planning Commission or the City Council. However, their decision is based on specific criteria whereas the Planning Commission looks at the issue with a broader range of requirements. Chairman Anderson stated that would like to give the residents a chance to speak. Dick Thorson, operator of the Rosewood Bed and Breakfast located at 620 Ramsey Street, stated that he has experience with the Hastings HPC. He feels that it would be very difficult for the City to enforce the removal of the buildings after they are placed on the site. He also feels that allowing the classrooms would give preferential treatment to the Catholic Church, as well as being a detriment to the neighborhood, especially his bed and breakfast located across the street. He would prefer to see other alternatives explored for additional classroom space. Wes Lund, 120 East 7th Street, stated the existing school structure itself is not historic, and he is not concerned with the new proposal. His wife is an employee of the school and he knows that the building is cramped for space. He feels that temporary classrooms are a good way to handle blips in enrollment. Chairman Anderson stated that he feels historic issues should be taken into consideration. He stated that he would also like to see specific information regarding the building elevations, specific color, and timelines for the new school development. He also added that he wouldn't mind tabling the issue so that more information could be gathered. Commissioner Greil stated that he was concerned about the precedent the City would be setting for other schools in Hastings, fearing that the school district would choose to use temporary classrooms scattered at the schools rather than build a new facility. Commissioner Twedt asked Ms. Humbert when SEAS would like to have a decision. Ms. Humbert stated that they were hoping to place the order on April 1st, in order to ensure the delivery and set-up in time for the new school year. Commissioner Michno confirmed that April 8th was the next planning commission meeting. Chairman Anderson stated that he prefers to table the item to the next meeting. Commissioner Twedt asked what kind of timeframe the parish would be willing to agree to for removal of the units. Commissioner Michno stated that she would be comfortable with the 5-year time frame as discussed. Ms. Humbert stated that she felt that 5 years was reasonable. If at the end of 5 years the school isn't ready, then the parish would have to remove the classrooms and examine other options. Chairman Anderson stated that his definition of temporary is 6 months, not 5 years. He asked how the units would be heated and cooled. Ms. Humbert stated that the units have electric heat and air conditioning. Mr. Thorson stated that because the HPC denied the request, a building permit cannot be issued. Commissioner Greil stated that he would like to see regular progress reports on the new school process as well as information on enrollment rates to ensure that the temporary classrooms are not being used to expand enrollment. Commissioner Twedt stated that he feels the Planning Commission is requesting information above and beyond the normal requirements, and that the decision should be based on the Zoning Code, not building code. Chairman Anderson stated that temporary structures have different requirements than permanent buildings under the building code. Commissioner Michno stated she is concerned with setting a precedent for other area schools. Planning Commission Action: Commissioner Greil moved and Commissioner Michno seconded a motion to table the site plan review of the St. Elizabeth Ann Seton School temporary classrooms until the April 8th, 2002 Planning Commission meeting and to order a public hearing for that date in order to give the neighborhood an opportunity to comment on the request. Upon vote taken: Ayes: 4, Nays: 1, Twedt dissenting. Motion carried. 11. Updates and Other Business Planning Director Hinzman stated that he will be holding interviews for the vacant Planning Commission seat within the next couple of weeks. He also updated the Commission on upcoming items for the next Planning Commission meeting. 12. Adjournment The meeting was adjourned at 9:25 pm.