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HAST/mas PLANNma COMlMISSION
November 24, 2003
Regular Meeting
7:00 pm
Chairman Anderson called the meeting to order at 7:00 pm.
1. Roll Call
Commissioners Present: Alongi, Anderson, Greil, Hollenbeck, Schmitt, Truax, and Twedt.
Commissioners Absent: None.
Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson.
2. Approve October 27,2003 Planning Commission Minutes
Motion by Commissioner Truax, seconded by Twedt to approve the minutes of the
October 27, 2003 Planning Commission as presented by staff. Motion passed
unanimously.
John Dwyer - Rezoning #2003-76 - F-W - Floodway to R-2, Medium Density
Residence - EASTENDERS ADDITION - Single Family subdivision located east of
Lake Street at 4th Street.
Director Hinzman presented background information on the item.
Chairman Anderson opened the public hearing at 7:05 pm.
Ken Macheska, 1303 3rd St E, asked if there was a minimum lot size and setback from the
water.
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Director Hinzman responded that any structure must be 2' above the 100 year flood
elevation of 693', as well as setback 15-25'. The minimum lot size is in the area of 15,000
square feet, which all of these lots meet. The smallest proposed lot is 15,600 and the others
are in the 23,000 square foot range.
Hearing no other public comment, the hearing was closed at 7:07 pm.
Commissioner Truax asked if the areas above 693' flood elevation isn't rezoned, could the
lots be built on.
Director Hinzman stated that they could not.
Commissioner Alongi stated that he would be abstaining from the vote on this matter due to
the proximity of the project to his home.
Commissioner Hollenbeck asked why areas were designated F-W if they do not meet the
requirements of being below the 693' flood elevation.
Director Hinzman stated that when areas are designated F-W, often times the exact location
of the flood elevation line is not known. In this case it appears that property lines were
followed and used to determine the boundaries, rather than the actual flood elevation line.
Director Hinzman also reminded the Commission that two separate votes were necessary
on this item.
Chairman Anderson stated that he would entertain a vote on the matter.
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Commissioner Truax stated that having observed this area, he wondered what made it safe
to build on these proposed lots.
Commissioner Schmitt stated that it was his understanding that any land that falls below the
693' flood elevation will still be under the regulations of Chapter 13, Flood Plain Regulations.
Director Hinzman stated that while FEMA sets the 693' level, it is less defined on the Zoning
Map.
Commissioner Truax stated that he still wasn't seeing the benefit of the rezoning and that he
wasn't in favor of turning unbuildable areas into buildable ones via rezoning.
Commissioner Alongi asked Commissioner Truax for suggestions on what he would do with
the area.
Commissioner Truax stated that he did not feel that areas within the flood zone should be
included in lot size.
Commissioner Greil stated that 15,000 square feet is much larger than the typical lot size in
the R-2 District, and asked for verification that there was sufficient space above the flood
zone to meet setback requirements.
Director Hinzman stated that because most of the lot is above the Ordinary High Water
Level, it can be calculated into the lot sizes.
Planning Commission Action:
Rezoning:
Commissioner Greil moved and Commissioner Schmitt seconded a motion to
recommend approval of the rezoning from F-W Floodway to R-2 Medium Density
Residential to the City Council.
Upon vote taken: Ayes: 6, Nays: 0, Alongi Abstain. Motion passed.
Preliminary/Final Plat:
Commissioner Greil moved and Commissioner Twedt seconded a motion to table
review of the Preliminary/Final Plat for Eastenders Addition until the December 8,
2003 meeting.
Upon vote taken: Ayes: 6, Nays: 0, Alongi Abstain. Motion passed.
Nicholas Conzemius - Preliminary/Final Plat/Site Plan #2003-77 - DAKOTA
SUMMIT 2ND ADDITION - Subdivision of 3 commercial lots and approval of a retial
center - Northwest corner of General Sieben Drive and Highway 55.
Director Hinzman presented background information on the proposed amendment.
Chairman Anderson opened the public hearing at 7:21 pm. Hearing no public comment, the
hearing was closed at 7:22 pm.
Commissioner Alongi asked if there were specific tenants requiring drive thru facilities or if
the site was simply being planned that way.
Nick Conzemius, developer, stated that he was working with a specific client that would
require drive thru facilities, but at this point he wasn't at liberty to share who that tenant may
be.
Director Hinzman stated parking calculations were done with two restaurants in the center
building and the remainder of the building as retail.
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Chairman Anderson questioned the location of loading zones for the building.
Mr. Conzemius stated that a loading zone was identified on the west end of the building,
with an area for trucks to back into for loading/unloading purposes.
Planning Commission Action:
Preliminary/Final Plat:
Commissioner Twedt moved and Commissioner Truax seconded a motion to
recommend approval of the Preliminary/Final Plat for DAKOTA SUMMIT 2ND
ADDITION, subject to the following:
1. 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.
Final approval of the grading, drainage and utility plans by the Public Works Director,
and reimbursement for any fees incurred in review of the development. The owner
assumes all risks associated with the grading and utility placement prior to formal
approvals.
Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
recording of the Final Plat mylars
Cash in lieu of land in the amount of $6,810 ($1,500 x 4.54 acres) shall be paid to
satisfy park dedication requirements and must be paid prior to release of the final
plat mylars for recording.
Sewer interceptor fees in the amount of $8,853 ($325 x 27.24 units) shall be paid
prior to release of the final plat mylars for recording.
The existing central access to the site from North Frontage Road must be removed
and restored at the developer's expense to the satisfaction of the Public Works
Director.
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A joint parking and access agreement must be recorded to allow ingress egress, and
parking throughout all properties of the plat.
Future construction on Lots 1 and 3, Block 1 will require Site Plan approval by the
City Council.
Satisfaction of all MN Dot requirements and permits.
Execution of a development agreement to memorialize the conditions of the plat and
to establish any applicable escrow amounts to guarantee the completion of site plan
activities at the discretion of the Planning Director.
The Final Plat shall be submitted to Dakota County for recording within 90 days of
approval by the City Council, or the approval is null and void.
Upon vote taken: Ayes: 7, Nays: O. Motion passed.
Site Plan:
Commissioner Twedt moved and Commissioner Truax seconded a motion to approve
a site plan for a commercial building on Lot 2, Block 1, DAKOTA SUMMIT 2ND
ADDITION, subject to the following:
1) City Council approval of the Preliminary Plat, and Final Plat, of DAKOTA SUMMIT
2ND ADDITION and submission of the Plat for recording with Dakota County prior to
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certificate of occupancy.
All disturbed areas on this property shall be stabilized with rooting vegetative cover
to eliminate erosion problems.
The drive-thru lane must be striped with the ability to accommodate 5 stacked
vehicles from the menu order board.
The truck loading area must be screened to Highway 55 through a combination of
landscaping or a wing wall at the discretion of the Planning Director.
All waste refuse facilities must be enclosed on all four sides and be architecturally
compatible with the retail center.
Any fencing or walls must be architecturally compatible with the retail center, subject
to approval by the Planning Director.
All proposed lighting fixtures and poles must be compatible with existing lighting in
Dakota Summit.
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All rooftop equipment shall be screened by a parapet wall from areas facing public
right-of-ways.
Approval of the Site Plan is subject to approval of the Grading, Drainage, Erosion
Control and Utility Plans by the Public Works Director, and reimbursement for any
fees involved in plan review.
All landscaped areas must be irrigated.
All rooftop equipment shall be screened by a parapet wall.
Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
Certificate of Occupancy.
Satisfaction of all MN Dot requirements and permits.
Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
Approval is subject to a one year Sunset Clause; if significant progress is not made
towards construction of the proposal within one year of City Council approval, the
approval is null and void.
Upon vote taken: Ayes: 5, Nays: 2, Alongi and Anderson dissenting. Motion passed.
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Neal Siewert - Preliminary/Final Plat #2003-70 - RIVERWOOD 8TH ADDITION -
Single Family and Multiple Family lots located between County Road 46/47 and 36th
Street.
Director Hinzman presented background information on the project.
Chairman Anderson opened the public hearing at 7:34 pm.
Lori Mikel, 1157 Sherman Way, asked if the City of Hastings was going to limit development
in the community, as she feels Hastings is starting to feel more like Apple Valley and losing
small town ideals. She stated that she moved to the area when there were still cornfields to
the south, and she is very concerned about the number of large developments occurring on
the south end of town, and the heavy traffic associated with the developments.
Chairman Anderson commented that the City doesn't bring in developers; that developers
approach the City because they want to build here. He stated that he has received a number
of calls stating that the City is standing in the way of development.
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Director Hinzman added that the City has tried to stay away from stretching growth, and to
pursue developments that provide vital road connections in the community.
Ms. Mikel stated that she feels the City is bringing a lot of traffic thru residential areas that
are not used to any traffic.
Hearing no further public comment, Chairman Anderson closed the public hearing at 7:49
pm.
Commissioner Alongi asked where the Riverwood 4th Addition was located.
Dan Tilsen, engineer for the Riverwood project, pointed out the general location of the
Riverwood 4th Addition, but added that it wasn't specifically shown on the plans.
Commissioner Alongi also asked where the park was located.
Mr. Tilsen pointed to the park location on the proposed plans.
Commissioner Greil stated that independent from this project, it would be helpful for the
Planning Commission to receive a synopsis of the development that has been approved or
is building over the past year, to better put development into perspective.
Planning Commission Action:
Commissioner Twedt moved and Commissioner Hollenbeck seconded a motion to
recommend approval of the Preliminary/Final Plat for RIVERWOOD 8TH ADDITION, to
the City Council, with the following conditions:
1) Development of the platted outlots shall be prohibited until replatted as lots of record.
2) All buildings consisting of three or more units will be subject to Site Plan Approval by
the Planning Commission and City Council prior to construction.
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.
Final approval of the grading, drainage and utility plans by the Public Works Director,
and reimbursement for any fees incurred in review of the development. The owner
assumes all risks associated with the grading and utility placement prior to formal
approvals.
Further exactions may be required as a condition of replatting outlots.
Prior to City signature of the Final Plat mylars, a revised landscape plan shall be
submitted identifying the size, species, and method of installation for all required
boulevard and front yard trees, as well as cul-de-sac islands.
Replacement of removed trees shall be required at the amount specified in the Tree
Preservation Guidelines at the discretion of the City Forester.
Woodland Drive must incorporate a temporary cul-de-sac at the direction of the
Public Works Director. The road will be further extended in future phases to
eliminate the cul-de-sac.
An access road must be constructed along the sanitary sewer line between 31st
Street and Woodland Drive to the satisfaction of the Public Works Director.
All lots fronting on 31st Street, 36th Street, and Village Trail shall be subject to a 35
foot setback, and the driveways must be constructed with a turnaround to avoid
traffic backing directly into those streets.
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All street names are subject to review and approval of the Fire Marshall.
Adherence to the Special Use Permit to allow grading and development within the
Floodway area of Outlot B granted by the City Council on June 16, 1998. The permit
requires the applicant to obtain a Conditional Letter of Map Revision (CLOMR) from
FEMA for any development within the General Flood Plain.
A declaration of covenants, conditions and restrictions or the equivalent document
shall be submitted for review and approval by the City before release of the final plat
mylars to ensure maintenance of open space, common drives, and common utilities.
The declaration shall include, but is not limited to, the following:
(a) A statement requiring the deeds, leases or documents of conveyance
affecting buildings, units, parcels, tracts, townhouses, or apartments be
subject to the terms of the declaration.
A provision for the formation of a property owners association or corporation
and that all owners must be members of said association or corporation
which may maintain all properties and common areas in good repair and
which may assess individual property owners proportionate shares of joint or
common costs. The association or corporation must remain in effect and
may not be terminated or disbanded.
Membership in the association shall be mandatory for each owner and any
successive buyer.
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Any open space restrictions must be permanent and may not be changed or
modified without city approval.
The association is responsible for liability insurance, local taxes and the
maintenance of the open space facilities deeded to it.
Property owners are responsible for their pro-rata share of the cost of the
association by means of an assessment to be levied by the association which
meet the requirements for becoming a lien on the property in accordance with
Minnesota Statutes.
(g) The association may adjust the assessment to meet changing needs.
The following plan corrections shall be made prior to release of the final plat mylars
for recording:
. The General Development Plan unit totals must be corrected as follows:
Total Units = 513, Single Family Homes = 28, Apartments = 252.
. Total Area to be platted must be identified.
. The block northeast of Village Trail and 36th Street must be relabled Block
4, consistent with Final Plat.
. Denote 35 foot building setback from 31st Street, 36th Street, and Village
Trail.
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Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
recording of the Final Plat mylars.
Preliminary Plat approval is subject to a one year Sunset Clause; if significant
progress is not made towards construction of the proposal within one year of City
Council approval, the approval is null and void.
Execution of a development agreement to memorialize the conditions of the plat and
to establish any applicable escrow amounts to guarantee the completion of site plan
activities.
Payment of cash in lieu of land for park dedication in the amount of $146,880 ($612 x
240 units) prior to release of final plat mylars for recording.
Sewer interceptor fees in the amount of $78,000 ($325 x 240 units) shall be paid
prior to release of the final plat mylars for recording.
Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
The Final Plat shall be recorded with Dakota County within 90 days of approval by
the City Council, or the approval is null and void.
Upon vote taken: Ayes: 6, Nays: 1, Truax dissenting. Motion passed.
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6. Draft Home Occupation Ordinance Discussion.
Planner Jenson presented background information on the item.
Staff and Commissioners spent time discussing what precipitated the proposed changes
and what related discussions have occurred this year.
Commissioners seemed to like the following elements:
The two-tier system
Initial 1 year approval followed by a 3 year renewal period.
Feels focus should be on traffic generated by a potential business.
Commissioners didn't like:
Fire safety inspection, as there are no specific fire code requirements.
Staff stated that they would take the Planning Commission's comments and try to
incorporate them into the language. Prior to this coming back to the Commission for a public
hearing, the language would also be sent to the Planning Committee of the City Council for
comment, and that all current Home Occupation License holders would be notified of the
hearing date and proposed changes.
7. Other Business
Director Hinzman updated the Commission on City Council actions.
Adjournment
With no further business, the meeting was adjourned at 8:34 pm.
Respectfully submitted,
Kristine Jenson
Recording Secretary