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HomeMy WebLinkAbout11/27/89HASTINGS PLANNING COMMISSION Meeting of 11/27/89 The regular meeting of the Hastings Planning Commission was called to order by Commissioner Kaiser at 7:30 p.m. Members Present: Commissioners Dredge, Featherstone, Anderson, Zender, Voelker and Kaiser Members Absent: Ditty Staff Present: Planning Director Harmening, Planning Intern Robertson Commissioner Kaiser called for additions or corrections to the minutes of the meeting of November 13, 1989. There being no additions or corrections the minutes were approved as presented. MINUTES Harmening indicated that Lloyd Johnson acting on behalf of Doris Conrad is requesting approval of a minor subdivision for property located at the southwest corner of 18th & Eddy Street. A survey of the property indicated that an existing garage located at 1810 Eddy St. encroaches on the property located at 1802 Eddy St. by approximately 2 1/2 ft. In order to rectify this encroachment the owner of the property at 1802 Eddy St. has proposed to convey a parcel to the property owner to the south at 1810 Eddy St. Both properties in question are zoned R-2 Medium Density Residential. Both homes are single family in nature. If the minor subdivision is allowed both parcels would still meet minimum lot size requirements. PUBLIC HEARING MINOR SUB- DIVISION-1802 & 1810 EDDY ST.-JOHNSON The public hearing was opened for comments at 7:36. There being no discussion the public hearing was closed a~ 7:37. Harmening discussed with the Planning Commission a variety of issues relating to this project. After the discussion was finished a motion was made by Commissioner Zender and seconded by Commissioner Voelker to approve the minor subdivision subject to the following conditions: That the owner of 1802 Eddy st. would grant an easement to address street right of way questions in the area. This easement would be granted to the city of Hastings. Upon vote taken, Ayes, 6; Nayes, 0. Harmening indicated that Mike Gegan, the owner of two buildings at 205 & 211 E. 3rd St. is requesting approval of a minor subdivision to divide into two pieces a parcel of property upon which two existing buildings are located. The property in question is located just east of the intersection of 3rd St. & Sibley St. The property contains two apartments in one building and a pool hall in the other building and is located in a C-3 zone. The proposed parcels of property meet the minimum size standards of the C-3 zone. PUBLIC HEARING MINOR SUB- DIVISION- 205 & 211 E. 3RD ST. - GEGAN Harmening discussed several issues with the Planning Commission related to this project, including matters pertaining to sewer and water services and the fact that both buildings appear to encroach approximately one foot into the 3rd Street right of way. The applicant has submitted a petition requesting the vacation of the 1 1/2 feet of the 3rd Street right of way. The public hearing was opened for comments at 7:43. There being no comments the public hearing was closed at 7:44. After the discussion was finished a motion was made by Commissioner Zender and seconded by Commissioner Anderson to approve the minor subdivision subject to the following conditions: Due to the shallow bedrock formations in the area, as well as the fact that the building on Parcel B does not have a basement, the applicant will not be required to extend new utility service lines to Parcel B provided the following requirements are met: That the applicant have a legally prepared document submitted to the City for its review which will deal with issues pertaining to maintenance of the utility lines, water metering/water billings, shutoffs, etc. This document shall be submitted and approved by the City prior to the lot split being recorded at the County. Furthermore, this document shall be recorded against both properties. The common water supply which runs into Parcel A shall be split and separate meters installed for each building. B. The building on Parcel A shall not have openings on the east side of the structure (Building Code requirement). Upon vote taken Ayes, 6; Nayes, 0. Harmening indicated that Mr. Edward Robinson is proposing the construction of a two level,13,688 sq. ft. retail/office building on the east side of Vermillion Street directly south of Taco Johns and north of Hardees. The proposed site extends from Vermillion Street to Sibley St. A liquor store and deli are proposed to be located on the first floor, general office space is proposed to be located on the lower level. Mr. Robinson is making application to the city for approval of a parking variance, site plan and rezoning. VARIA/qCE/S ITE PLAN/REZONING R-3 TO C-3 - RETAIL/OFFICE BUILDING, 1225 'v'J:~,MIT ,T ,TON ST. ROBINSON Harmening discussed with the Planning Commission a variety of issues related to the project. For the parking variance the applicant is requesting a variance from 82 spaces to 67 spaces, a 15 space variance. Staff feels that the request should be considered as a variance from 82 spaces to 61 spaces or a 21 space variance because 6 spaces will be deleted to provide better internal circulation within the parking lot. With regard to the site plan Harmening discussed several other issues including the revisions made to the proposed parking layout by staff, the question of access to Sibley Street including the staffs recommendation that the applicant revise the site plan to delete access to Sibley Street, the need for Minnesota Department of Transportation permits for curb cuts and utility extensions in Vermillion Street, the system of utilities planned to serve the site, the landscaping plan for the site, how deliveries will be accomodated, how the site will be lighted and the fact that the proposed building/parking lot meet setback requirements. On the rezoning issue Harmening discussed a variety of issues including the fact that all uses proposed by Mr. Robinson are permitted in the C-3 zone and with the exception of professional offices the proposed uses are not permitted in a R-3 zone. On 11/6/89 the city Council reviewed Mr. Robinsons request and determined that for the project to proceed rezoning would need to be requested for all or a portion of the property zoned R-3. Mr. Robinson is applying to rezone to C-3 the westerly 32 feet of the portion of the property currently zoned R-3. This amount is sufficient to keep the proposed building within the C-3 zone. After Harmenings presentation was finished the public hearing was opened at 7:51. First to speak were Renee and Charles Russell of 1227 Sibley Street. They expressed their concerns about the projects access to Sibley Street. They stated that currently the access to Sibley Street from Hardees creates traffic and parking problems. They feel that Hardees parking lot is used as a throughway street from vermillion to Sibley and that trucks park on Sibley Street while the drivers are eating at Hardees or Taco Johns and that this constricts traffic on Sibley Street. They were also concerned that the proposed driveway for the Robinson building lines up directly with their own driveway. Mr. Ed Robinson responded to questions about access to Sibley Street, fire access from Sibley Street to the proposed building, landscaping, curb cuts, the parking variance and handicapped spaces. There being no further comments the public hearing was closed at 7:59 p.m. As a way of structuring the discussion the Commission agreed to consider each aspect of Mr. Robinsons application individually and to vote on each one individually. There was considerable discussion about the parking variance. Commissioner Dredge made a motion, seconded by Commissioner Zender to recommend approval of the parking variance from the required 82 spaces to 61 spaces subject to approval of the site plan and rezoning as well as verification that the applicants floor plan will meet the ratios as outlined on the site plan. Approval of the variance is based on the following findings: A. Special conditions and circumstances are applicable in this case due to the fact that the uses proposed for the property experience parking demands at times different from each other thereby generating more available parking for each particular use at the time that the demand is highest for each of the uses. The Planning Commission further recommends that as a part of approving the variance, the city Council should adopt a resolution which stipulates that if the proposed uses and their share of the space in the building should change, that additional review may be required by the Planning commission and City Council. It was further suggested that this resolution be recorded against the property. Upon vote taken, ayes, 6; Nayes, 0. There was considerable discussion of the Robinson building site plan. Commissioner Featherstone asked Mr. Robinson what he would do without access to Sibley Street. Mr. Robinson indicated that the project was hardly viable without access to Sibley St. Commissioner Dredge asked if the access to Sibley Street could be made one way allowing only entrance to the building site. Commissioner Featherstone offered the opinion that this building would only increase traffic slightly on Sibley Street. Commissioner Zender made a motion, seconded by Commissioner Dredge to approve the site plan with the following conditions: That the applicant revise the site plan to provide for circulation lanes in the parking lot as outlined earlier in Harmenings memo. B. That the site plan be revised to eliminate access to Sibley Street. That the applicant receive all necessary permits from MnDot prior to commencing construction. If modifications are required to be made to the site plan due to MnDot comments, the applicant may be required to submit a revised site plan for approval by the Planning Commission and City Council. That the applicant work with applicable city staff regarding the final resolution of utility plans for the property. The applicant will be required to disconnect the water service at the main in Vermillion Street if this service is intended to be abandoned. Ee That the applicant work with city staff on revisions to the landscaping plan. The berm and fence on the east side of the parking lot area and adjacent home should be equal to six feet in height. Fe The parking lot lighting shall be designed so as not to be obtrusive to adjacent residential areas. G. Approval is subject to the approval of the rezoning of the property. He The proposed structure and accessory items such as the parking lot, landscaping, etc. 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 the escrow requirement contained in the site plan review provisions of the city's zoning ordinance (Section 10.24). There must be one handicapped parking space in the rear parking lot and there must be a ramp leading to the rear entrance. After considerable discussion Commissioner Zender made a motion to amend his motion to approve the site plan per staff's recommendations with the exception that condition B which would have eliminated access to Sibley Street be deleted. Upon vote taken to amend the motion, Ayes, 6; Nayes, 0. Upon vote taken on the motion as amended. Ayes, 6; Nayes, 0. There was discussion of whether all of the property should be rezoned from R-3 to C-3 or just the westerly 32 feet as Mr. Robinson has proposed. After considerable discussion there was a motion by Commissioner Featherstone, seconded by Commissioner Voelker to rezone the westerly 32 feet of the R-3 zone to C-3 as proposed by Mr. Robinson. Upon vote taken, Ayes, 6; Nayes, 0. Discussion on Mr. Robinson's application being finished there was a motion by Commissioner Zender, seconded by Commissioner Voelker to request that the City Council look into the issues relating to traffic and parking problems on Sibley Street in this area. Upon vote taken, Ayes, 6; Nayes, 0. Harmening indicated that the City Council had recently given approval to a preliminary plat and development plan amendment for a multi family project in the Sieben Addition area called Twin Gables Addition. The developer, Marlene Fearing has requested approval of a final plat and site plan for a small portion of the previously approved preliminary plat such that she may construct one four unit structure. SITE PLAN/ FINAL PLAT -- TWIN GABLES ADDITION- FEARING Harmening discussed with the Planning Commission a variety of issues including that the final plat appears consistent with the preliminary plat that the parking proposal meets code requirements and that the landscaping is sufficient but that a proposed berm on the north side of the site could be moved a little bit more to the south. Commissioner Voelker asked the adjacent land owner, A1 Sieben who was present, if he had any objections to the proposed plan. Mr. Sieben said he had none. After the discussion was finished a motion was made by Commissioner Dredge and seconded by Commissioner Zender to approve the site plan and final plat subject to the following conditions: ae Payment of park dedication fees for two of the units equal to $100 per bedroom in each of the units. Be The developer shall provide to the City of Hastings copies of proposed covenants and association documents for the proposed four plex. These documents should address matters pertaining to parking, utilities and access to each individual unit. C. The site shall be sodded or seeded and mulched as necessary to prevent erosion. De Each of the proposed open parking stalls shall have a concrete bumper curb placed at the end of each stall. Ee The utility plan is subject to final review and approval by the City Engineer and Utilities Superintendent. Fe The applicant shall be responsible for reconstructing W. 35th Street due to the utility extensions. Also, the applicant will be required to install the new curb cuts and remove existing curb cuts as necessary. That the applicant clearly understand that approval of the proposed site plan and final plat does not in any way indicate city approval of the remaining preliminary plat and related senior housing project. Also, it is understood that the proposed site is not included in the proposed tax increment financing district related to the adjacent preliminary plat and proposed senior housing project. That the driveway proposed to serve the westerly two units be constructed to its full width and length with the exception of the driveway approaches for the future building to the west. That the construction of the 4 unit structure and related site plan improvements shall be completed as per the approved site plan. Occupancy of the units shall not take place until all site plan related improvements have been completed. In the alternative, occupancy of the units may be permitted if the developer provides to the city, as per city code requirements, a cash escrow in an amount to equal to 125% of the cost of the site improvements remaining to be completed. Upon vote taken, Ayes, 3; Nayes, Anderson, Voelker. Abstention, Featherstone. Robertson indicated that Gaius Weichmann is requesting a home occupation permit to allow him to conduct a business called "Light Electric" out of his home at 1130 W. 5th St. The home occupation would involve using his home as an office from which he would leave by truck to do electric wire installation jobs. The application met the requirements for maximum floor area and parking under the home occupation standards. HOME OCCUPATION ELECTRICAL CONTRACTING WEICHMANN- 1130 W. 5TH There was no discussion. A motion was made by Commissioner Featherstone, seconded by Commissioner Anderson to approve the home occupation permit subject to the applicant complying with all home occupation standards. Upon vote taken, Ayes, 6; Nayes, 0. Robertson indicated that Lucy Hoffman is requesting a home occupation permit to allow her to operate a business known as "Distinctive Designs & Lettering" out of her home at 737 W. 4th St. The home occupation would involve sign painting, caligraphy, quilt art and matting and framing. There would be a once a year three day boutique to sell merchandise made during HOME OCCUPATION- CRAFTS/ARTS HOFFMAN- 737 W. 4TH the year. Other than the three day boutique 95% of all business would be conducted over the phone. The applicant meets the home occupation standards for floor area use and parking with the exception of the once a year three day boutique. Robertson discussed with the Planning Commission the issue of the once a year three day boutique. Mrs. Hoffman was in attendance and answered questions. After the discussion was finished, a motion was made by Commissioner Zender, seconded by Commissioner Voelker to approve the home occupation permit subject to the following conditions: A. The applicant comply with all home occupation standards. B. If parking or traffic problems do occur and complaints are received during the once a year three day boutique that the applicant will return to the Planning Commission to discuss the continuance of the home occupation permit. Harmening indicated that Teens For Christ has requested a parking variance for the property at 715 Pine St. Based upon Teens For Christ proposed use for the property the zoning code requires a total of 42 parking spaces. Teens For Christ is requesting a variance to the parking standards from the required 42 spaces to 6 or 7 spaces. Their reasons for this variance include the following: PARKING VARIANCE - TEENS FOR CHRIST, 715 PINE ST. Providing 42 parking spaces will reduce the ability for the applicant to resell the property for residential purposes in the future. Providing 42 spaces will be disruptive to the neighborhood. The applicant desires to retain a residential "look" on the property. Based on the operation of the ministery and the fact that youth are the primary participants in the activities on the property, parking demands will not be as great as expected. Glen Olson of 504 W. 3rd St. was present as a representative of Teens For Christ. He answered questions from the Planning Commission regarding the proposed use of the site and the proposed parking variance. Rick Seidl of 707 W. 7th St. was present to speak. He indicated concern about the extreme variance. He felt that the neighborhood is already suffering from on-street parking problems. He also questioned the assumption that the home would be sold in a few years asking what would happen if it was not. After the discussion was finished a motion was made by Commissioner Zender, seconded by Commissioner Featherstone to approve staffs recommendation and deny the variance request to Teens For Christ due to the following reasons: A. The criteria for the granting of a variance has not been met. The parking plan is inadequate from a design perspective and will not work well. Inadequate parking facilities will be provided resulting in on street parking occuring on a collector street which already has parking restrictions on one side. Upon vote taken, Ayes, 6; Nayes, 0. Harmening indicated that he had received three applications for the Planning Commission vacancies and expected to receive a fourth. A motion was made by Commissioner Voelker, seconded by commissioner Zender to start the December llth Planning Commission meeting an hour earlier at 6:30 so that applicants for the Planning Commission vacancies could be interviewed between 6:30 and 7:30. Upon vote taken, Ayes, 6; Nayes, 0. Harmening indicated that there was an item which had not been printed on the agenda. This item was a request to hold a public hearing on a plat proposal by the Knights of Columbus. A motion was made by Commissioner Zender, seconded by Commissioner Dredge to hold a public hearing on December llth for the Knights of Columbus proposal. Upon vote taken, Ayes, 6; Nayes, 0. There being no further business a motion was made by Commissioner Zender, seconded by Commissioner Dredge to adjourn the meeting at 9:20 p.m. UPDATES/ OTHER BUSINESS ADJOURNMENT Upon vote taken, Ayes, 6; Nayes, 0.