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HomeMy WebLinkAbout05/14/90HASTINGS PLANNING COMMISSION MEETING OF 5/14/90 The regular meeting of the Hastings Planning Commission was called to order by Commissioner Kaiser at 7:30 p.m. Members Present: Commissioners Patzke, Dredge, Reinardy, Kaiser, Anderson, Zender, and Cedar Members Absent: Ditty and Featherstone Staff Present: Planning Director Harmening and Assistant City Planner Czech Commissioner Kaiser called for additions or MINUTES corrections to the minutes of the regular meeting of April 23, 1990. There being no additions or corrections the minutes were approved as presented. Harmening indicated that the Planning Commissions R E S C H E D U L E regular date for its second meeting in May falls 5/28/90 PLANNING on Memorial day. Harmening requested that the C O M M I S S I O N Planning Commission reschedule the meeting for MEETING May 29, 1990, at 7:30 p.m. The Planning Commission briefly discussed rescheduling the second regular meeting in May. Commissioner Patzke moved, Commissioner Zender made a second, to reschedule the Planning Commissions regular date for its second meeting in May for May 29, 1990, at 7:30 p.m. Harmening reviewed staff's May 9, 1990, memo to PUBLIC HEARING - the Planning Commission regarding Mr. Groth and REZONING OF R1 Mr. Siewert request for approval of a rezone and & R-2 TO C-2 AND comprehensive plan amendment. Harmening provided COMPREHENSIVE a brief explanation of issues surrounding the PLAN AMENDMENT - request including, but not limited to, spot T.H. 55 & PINE zoning, availability of utilities, access, and ST. - that the City Council denied a similar request GROTH/SIEWERT last year. The public hearing was opened for comments at 7:40 p.m. The first to speak was John Rawling of 816 Pine St. Mr. Rawling expressed a concern that there was already enough traffic on Pine St. and is concerned that a commercial use would create too much traffic. Duane Groth, applicant and part owner of the subject property was present and agreed with Mr. Rawling that Pine St. is not a good place for access. Mr. Groth indicated that he has two (2) accesses off of T.H. 55 and asked that the city approve his request subject to receiving access off of T.H. 55 or from the frontage road if it is extended to the east through the school property to the subject site. Mr. Groth also indicated that the property should be commercial and that no one would want it as residential property. Mr. Groth said that his request had changed from the one that was denied last year. Mr. Groth said he can not afford other commercial property because it costs too much, that he felt this was not a spot zone, and provided a brief history of the property. The public hearing was closed at 7:52 p.m. The Planning Commission interacted with staff and Mr. Groth on a number of issues surrounding the request including, but not limited to, who would pay the cost for extending the frontage road, location of access and driveways, T.H. 55 improvements, and the size of the subject property. Commissioner Zender moved, Commissioner Anderson made a second, to deny the rezone and comprehensive plan amendment for the following reasons: 1. Access issues to the site should be resolved prior to the consideration of a rezoning request. 2. Inconsistent with Comprehensive Plan The applicants request is inconsistent with the overall goals, policies, objectives and intentions of the city of Hastings Comprehensive Plan. The Hastings Comprehensive Plan directs that new commercial activity be encouraged to locate in appropriate existing commercial areas. These areas consist of the Downtown Central Business District, Midtown/Vermillion Street, county Crossroads Center area, and the Westview Mall area. Furthermore, the Comprehensive Plan directs the city to minimize land use conflicts and inefficiencies of duplication. 3. Commercial Strip Development The applicants request could be the start of a strip or linear commercial development along State Trunk Highway 55. A strip or linear commercial development is inconsistent with the goals, policies, objectives and intentions of the Hastings Comprehensive Plan and also sound zoning practices. The Comprehensive Plan indicates that in the Westview Mall area, additional retail space is available and, as demand expands, the continuation of concentration versus strip development should be adhered to. 4. Surroundin~ Residential Zoned Areas Rezoning the subject property to C-2 as requested would be an intrusion into and have a negative impact on the adjoining residential areas which surround the subject property. 5. Inadequate Access The subject property will not have appropriate access, after completion of the State Trunk Highway 55 improvement project, to adequately serve a C-2 Highway-Auto-Specialized Commerce district. The Highway 55 improvement project will result in the subject property having limited access off Pine Street. 6. Spot Zoninq The applicants request would result in the creation of a spot zone. The applicants proposal, if granted, would result in rezoning a small, single parcel of land to a higher intensity use than the surrounding land which is zoned R-1 Low Density Residential and R-2 Medium Density Residential. Upon vote taken, Ayes, 6; Nayes, 1 (Reinardy). Harmening reviewed staff's May 8, 1990, memo to FINAL PLAT - the Planning Commission regarding Dakota Realty's SUNNY ACRES 5 request for approval for a final plat called Sunny Acres 5. Don Gustafson, developer of the subject property was present. The Planning Commission interacted with staff and Mr. Gustafson on a variety of matters including, but not limited to, erosion problems at another site, trail/park development, and screening. Commissioner Zender moved, Commissioner Patzke made a second, to approve the Final Plat for Sunny Acres 5 as submitted subject to the following conditions: A. The proposed plat shall be subject to the same terms and conditions which were adopted as a part of the preliminary plat process as well as those items contained in the development agreement for the Sunny Acres area. B. The applicant shall be reminded that it still needs to install the bituminous trail from Malcolm Ave. to the park as well as undertake the grading and seeding of the park as outlined in the development agreement. Upon vote taken, Ayes, 7; Nayes, 0. Narmening noted that staff's May 9, 1990, memo to the Planning Commission requests that the Commission order a public hearing for the Commission's May 29, 1990, regular meeting. Harmening briefly reviewed Burger King's proposal and issues surrounding it including, but not limited to, the preliminary/final plat, site plan, variance, MNDOT review, utilities, parking, landscaping, grading and drainage, and other minor adjustments. ORDER PUBLIC HEARING - PRELIMINARY/FINAL PLAT - COUNTY CROSSROADS CENTER 2ND ADDITION - SETBACK VARIANCE & SITE PLAN - BURGER KING CORP. T.H. 316 & 33RD ST. Mike Bailly, 1815 Highland Drive, a representative with Burger King was present and indicated that there are no problems with the plat but that they had serious issues with the site plan and would prefer an alternative site plan with two (2) access points. Commissioner Kaiser asked that a Planning Committee be formed consisting of Commissioners Cedar, Dredge, Reinardy, and Kaiser, and that this committee meet with staff and Burger King representatives after the meeting. Commissioner Patzke asked why Burger King was proposing so much parking and Mike Bailly addressed his question. Commissioner Zender moved, Commissioner Cedar made a second, to order a public hearing on the preliminary/ final plat for the Commission's May 29, 1990, regular meeting. Upon vote taken, Ayes, 7; Nayes, 0. Harmening noted his May 8, 1990, memo to the Planning Commission requests that the Commission order a public hearing for the Commission's May 29, 1990, regular meeting. Commissioner Dredge moved, Commissioner Patzke made a second, to order a public hearing for the Commission s May 29, 1990, regular meeting. ORDER PUBLIC HEARING - MINOR SUBDIVISION - 723/727 W.5TH ST. - PADDOCK Upon vote taken, Ayes, 7; Nayes, 0. Harmening reviewed his May 9, 1990, memo to the Planning Commission regarding Dakota County's appeal of an administrative decision which would allow locating an evidence/forfeiture/- impound lot at a County owned site off of County Road 47 near the Vermillion River. Harmening noted that Section 2.04 of the city Code outlines the appeal procedure. APPEAL OF ADMINISTRATIVE DECISION - DAKOTA COUNTY Mike Ring, Dakota County Attorney, was present and indicated that an impound lot would be located between the existing buildings on the site, and that the impound lot would be temporary. Mr. Ring addressed a number of other issues including, but not limited to, the impound lot being 80' X 150' in size with security lights, gates, alarm, 10' high fence without barbwire, and that the site was already being used for storage of County vehicles. Captain Leonard Fox of the Dakota County Sheriffs office was present and indicated that the County needs a place to keep evidence and passed out photos showing the condition of the existing site. Mike Rowan of 2470 Southview Court was present and indicated that he was encouraged that the Sheriff was willing to cooperate, but that he is concerned with how the County maintains the property now as well as how they will maintain it in the future. Mr. Rowan is concerned with the criminal element that will try to get into the impound lot which is next to a residential neighborhood. Mr. Rowan noted that KARE 11 TV and the newspaper will show what kind of neighbors the County has been, and he submitted photos showing the site before the County had cleaned it at noon on May 14, 1990. Debbie Wadzinski of 2460 Southview Court was present and expressed concern with the element near the site and that the property was not properly zoned. Janice Johnson of 1333 West 18th St. was present and indicated that the City should not extend the nonconformity. Jean Esslinger of 619 W. 14th St. was present and expressed concern regarding the drums containing unknown materials which have killed vegetation around the drums. Ms. Esslinger also questioned the condition of existing gas tanks on the site, whether the site was going to be cleaned up, and what will stored on the property in the future. The Planning Commission interacted with Captain Fox on various issues including, but not limited to, the type of alarm proposed for the impound lot. Commissioner Patzke moved, Commissioner Reinardy made a second, to deny the appeal of the administrative decision and uphold staffs interpretation/ decision on this matter. Upon vote taken, Ayes 6; Nayes, 1 (Dredge). Harmening briefly reviewed staff's May 8, 1990, memo regarding a proposed vacation of a small portion of Ramsey Street and alley right of way located at Block 50, Original Town of Hastings, as requested by Mike J. and Lynn M. Kasel of 709 Ramsey Street. Harmening noted that no formal action is required by the Planning Commission. The Planning Commission indicated that the proposed vacation was O.K. Harmening indicated that the City Council approved Ed Robinson's revised site plan per the Planning Commission recommendation. Harmening noted that the City Council tabled the Paddock matter in order to allow further review. Harmening provided the Planning Commission a brief report on the National APA Conference he attended in Denver, Colorado. Commissioner Patzke inquired about the adjacent property list for the Paddock storage facility. Commissioner Kaiser said she hopes the County situation gets cleaned up and resolved. There being no further business Commissioner Zender moved, Commissioner Patzke made a second, to adjourn the meeting at 8:56 p.m. Upon vote taken, Ayes, 7; Nayes, 0. VACATION OF A PORTION OF RAMSEY ST. & ALLEY ROW, BLK. 50, TOWN OF HASTINGS-709 RAMSEY ST. - KASEL UPDATE/OTHER