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HomeMy WebLinkAbout03/28/88HASTIHGS PLA!IlII?IG C0~I IlSSIDH i~arch 23, The reqular neatinq of tb:~ tastinas ?lannin2 Com.qission vas called to order at 7:45 P.i!. Me'nb?.rs ~resent: ~onmissioners ~itty, '(rook, ~)redqe, 'Raiser, Ander~on, Zend~.r Voelker anU Chair:~an Folc~. Staf~ Present: °lannino ~irector Harmenin9 and °lannind Int.~.rn ' ensin~ A 'notion ;,as made by gom~lissioner '('~iser, seconded by gomrlissioner Zender to approve the '!arch 1~, 123:3 mlannina Commission minutes. Upon vote taken, Ayes, ~; !iayes, O. ~! PIUT~S Plannin70iractor Har~w~ning started out the meatin? by indicating, tibet the Oakota '!otel Corporation has nade application for a~proval of a ~r?.lininary/final ~lat and site plan for tiaa aakota ~otel Addition. In this case the applicant pro2oses to r~p~at Lots 15,1~S ~ 17, ~loc~ 1, Town of Vermillion into tw~ lots and construct a 37 unit motel ~ith a two bedroom apart~ent on Lot 2 of th~ ~roaoseJ ~lat. The applicant is also re~uestin~ ap0roval of a city al low~d ~rivate street to serve Lots 1 Chairman Folch opened the public hearinr at 7:53 p.a. Since thara were no persons in att.endanoa interested in COln~antinq on the proposal, Chairman Folch closed the public hearin3 at 7:55 p.m. After discussion, a motion was made ~y Commissioner :(rook, seconded by Oo~w~issioner !(aiser, to tabl~ this matter until the Planning Commissions 4-11-3S aeetin9, pending co:nF~ents on the proposal by ln~)ot. !lpon vote taken, Ayes, 3; 'layes,~. °lannin? qirector ;]araeninq indicated that the City St)ff is currently in th.s process of draftinR ~ossibl~ lanqua? .?hich could be us,sd fo a:~end the City's Zonin~ 3rt~inance ro]ar:linq )end ra:Tuirements for permits 0ertaininq to lan] r~claiaation, .ninin9, soil processinp and 7radinc. Currently, the ordinance only requires that an applicant provide a SI,OO.3 bond. Tiao proposed ordinanc3 '.zould allow the City Council the Jiscretion 3f r~quirinq a )end in an a'nount which is adequate t~ cover the conditions of the per'nit and restoration. Th~ City Enqinr)er woul:~ b~ responsible t:> ~rovide ~3 recommendation to the City Council on the bond anount. The followins is a rouq~ 1raft of the possible language that could be used: IH 07E,~SEO ~3'~ ?~E' !TS FOR 2EOL A'~ ~,T I 0~!, SOIL ~ROCES S I~V] "L'ithin 19 days of City Council approval of tht.~ aernit and before work be~!ins the a~plicant shall submit to the City an irrevocable bond or el-her ~or:n of security aceeptable t~ the City and in an a'nount Jetermined by th'.' City Council, u)on recomrnandation by the ~ity ~n~ine.n.r, t~ be sufficient to guarantee the .applicant's full compliance .~ith tne provisions of Ohapt~r 11] and all other conditions of tb~ periait issue,-] by til~ ~,ity, iacludin~ any r~,storation required by the gi~y. The bond or other approved s~curit¥ shall ra~ain in ,:~f~ot fo; one year after the expiraHon of th~ ~ermit issued under this Chapter." ~,hair:nan Folch opene] the public hearing at ~:©5 a.:n. Comments received from the auJi=,nca inclu]ed: ~ill !lolst, owner of Hoist Oonstruction, explainsd that the current ~l,O3g bond rsa, uirement ~as inadequate. He also stated ti~at contractors ~o not want to default on a bond. ~nce that happens a business '¢~ill have a difficult ti'ne ever ~etting bon~ing status stain. ?,e did not have any biq problems ~ith the propased ordinances language. A letter sublnitted hy ~onal,t I(. qavies, o~;ner ef qavies Txcavatinr], Inc. was subaitted t) the Plannin~ ~,om'nissian for thsir review. Planninq ~]ir)ctor Harmanin,q rea,:] ~he follo',~in] ~lou~: "!la are uncertain if ,~a will be able to attend the public hearing on !~arch 23, intending to change the required financial security for land operating permits, i,~e are stren!71y opposed to this action and ~'~ould li'4e our voice heard. If fha reason for changing ti~is is due to ai~us~ of a pernit, it should be handled on an individual aasis, that,afore not punishin7 businesses of good standinq. ~!e have bean in business in th) HastinTs area for forty years and are constantly tryin.-! te u0grade both our land and pro~lucts. In fact, in ara, as ,,~here ~e are no longer mining, wa have already finishe~ our slo~es and se,~:~e:t thegn as rer~uired in our ?ar;nit. ',re feel our r,~cord speaks for itself. As stat,ad above, over the years we have been very concious of our rssnonsibilities to the land and to our community and we ',viii continue to ]o so in th~ futur ~. t~e hope th]t if the a~nendmeat is change~., it will be ~'~orded so tibet the financial security stays the same, unless the '~er'nit is a)used, thin the security an~ount could be raised ,as deemed necessary. i~'e ¥~ould appreciate it if you '.~ould send each plannin~ co~mission manner a cony of this letter prior to the meetinq. Yours truly, Donald '~. Davies President" There bain7 no further conments from the audience, ~,hair;~an ?olch closed the public hearing at :5:15 p.~n. &fter (liscussion, a ~otion was made ~y Oon~nissioner ~(aiser, seconded by Commissioner Voal!,ier to recommend approval of the proaosed ordinance and to direct staff to study the n)ad for requiring ~roof of Iiaaility insurance from the permit apRlicant. Upon vote taken, ~yes~ P~ann~nS O~r,ac+or !tar:ilen~nq ~nd~catad to th3 ~lanninq ':~,on:llssion tha~ ~ sJn]l,~ family helle o?~ned ay ~avid ~. 1?17 Lyn :1ay has an attachad 3era~7,a th]P ~,~as discovered to nave approxi:aately four fa,et encroaching on a 15 foot drainaqe and utility easa'nent locate] along the north side of the property. The pureose of this easement, as well as a 15 foot easement located on the lot directly north 3f the subject property, is to facilitate an existing under?ound stare sewer pipe. The applicant also indicates that a fiance and parring pad are located in th~ side easement as '~ell as th,e fact that a small stora:Te shed is Iocat)d in a 30t easement located alonq the rear prooerty line. To provide for clear title to the proaerty the applicant is requestinq that a portion of the easement alonq the north property lin] be vacated to take into consideration the encroachment of the buildin,a on the r.'asement. The applicant is also requestinq that the city consent to the location of th~ fence~ parl(inq pa,:]~ and storaqe shed upon the easanents~ subject to the city retainins the right to enter the easerlent for purposes of operation and maintenance of the drainage easement. The Oity Council h:3s ordersd that the required public hearinq for this matter to :)a held on April ~, 19°,,~. The Planninfl ,~oamL, s~on revie,,,zed but tao[~ no action on the request. Planning Oirector Harmeninq updatad the Planninfl Ooramission on recent actions taRen by the gity ~ ~' ,oun~ll and other miscellaneous matters. There 0eing no further business, Cem'nissioner 0redqe, seconded by adjourn at 3..40 p.m. a ,notion ,,'~as :l~ade by ~011131 issionar (a'ser to !Jpon vote taken, Ayas~ q; qayes, O.