HomeMy WebLinkAbout12/08/03
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HAST/mas PLANNma COMlMISSION
December 8, 2003
Regular Meeting
7:00 pm
Chairman Anderson called the meeting to order at 7:03 pm.
1. Roll Call
Commissioners Present: Alongi, Anderson, Hollenbeck, Schmitt, Truax, and Twedt.
Commissioners Absent: Greil
Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson.
2. Approve November 24,2003 Planning Commission Minutes
Motion by Commissioner Twedt, seconded by Hollenbeck to approve the minutes of
the November 24, 2003 Planning Commission as presented by staff. Motion passed
unanimously.
Continued - John Dwyer - Preliminary/Final Plat #2003-76 - EASTENDERS
ADDITION - 7 lot 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 7:14 pm.
Mike Macheska, 1619 4th St E, asked if Lake Way was to be a public road, with public
utilities, and would the City be paying to install the road and utilities.
Director Hinzman responded that the road and utilities would be privately constructed to City
standards, and that the City would then take on maintenance of the road and the water main
in Lake Way.
Mr. Macheska questioned why the existing Freitag driveway location was not being used as
the location for the road.
Director Hinzman stated that any roads or structures must meet minimum setbacks from the
bluff and the Ordinary High Water Line (OHWL), and therefore the existing driveway location
was unacceptable.
Mr. Macheska stated that he was concerned that the existing property owners would lose
land for the construction of Lake Way.
Director Hinzman stated that the existing platted alley would be used and any additional
land needed would be taken from the proposed Eastenders lots. The proposed roadway is
narrower than typical, and that parking would most likely not be allowed along either side of
the street.
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Mr. Macheska stated that he would prefer to see a road that allows for parking on both sides
of the street as well as two-way traffic.
Joan Warner, 1023 3rd St E, stated that many years ago in the late 1970's, when the City
was installing sanitary sewer systems in East Hastings, the residents were told that holding
tanks were not permitted due to environmental concerns of shallow bedrock and nearby
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waterways. She added that she feels that this development should have to follow the same
requirements as other east Hastings residents were required to follow 25 years ago.
Director Hinzman stated that while most of the lots will have holding tanks, they are still
connected to the sanitary sewer system.
Ms. Warner stated that Mr. Freitag's farm site should have had a sanitary sewer connection
around 3rd Street, and that that connection should be used for this development rather than
the tanks.
Director Hinzman stated that the existing sanitary sewer mains do not have enough depth to
serve this development with standard gravity flow lines.
Hearing no other public comment, the hearing was closed at 7:21 pm.
Commissioner Schmitt asked for clarification on the size of the tanks and what measures
are taken to offset possible damages from flooding.
Director Hinzman stated that the tanks are 1,000 gallons in size and that any vent pipes
would have openings above the 500 year flood elevation.
John Dwyer, applicant, stated that the pumps are located on the backside of the house, well
above the 500 year flood elevation. The pump functions like a lift station, but there is one for
each home. The sanitary sewer is only 5'-6' deep at the west end, and the land in the
development gets shallower as it goes east.
Ms. Warner reiterated that there should be an existing service near 3rd Street.
Mr. Dwyer displayed a map that showed two service locations on the west end of the
proposed development. One is near the existing platted alley/future Lake Way, and the other
is just north of that. One of the services will have to be removed as a part of construction,
but that the other service will be utilized by Lot 1.
Ms. Warner stated that she would prefer to see a lift station and force main to serve the
subdivision.
Mr. Dwyer stated that 25 years ago, holding tanks were an alternative to septic systems,
which is not the case in this situation. This is the developer's choice, as the City has stated
they will not accept the maintenance responsibility of the system. The pipe at 4th Street is
only about 4' deep, and not deep enough to service the development either.
Commissioner Truax questioned how having the tanks in the backyard will serve the system.
Mr. Dwyer stated that the tanks are in the front yard, between the home and the right-of-
way.
Commissioner Twedt questioned whether the homeowners association would be available
to other property owners in the area.
Director Hinzman stated that the primary purpose of the association is to maintain the pump
system; therefore there was no need for other homeowners not on the system to be
involved.
Commissioner Twedt verified that the proposed homes would primarily be slab on grade
design.
Director Hinzman stated that that was the case, although a couple could possibly be
lookouts.
Commissioner Schmitt asked if any sidewalks were proposed along Lake Way.
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Director Hinzman stated that none were proposed on the plans, and the 2020 Sidewalk and
Trail plan didn't call for any additional sidewalks in this area.
Chairman Anderson asked if the reason the sewer system was being proposed to be private
was because of cost issues with installing a lift station for 5 homes versus an entire
neighborhood.
Director Hinzman stated that he believed that was the case, but that he didn't have a
definitive answer.
Chairman Anderson stated that he would prefer to see the City handle utilities, because the
City will get the call in an emergency situation.
Commissioner Twedt asked about the recommended reconfiguration of the pond.
Director Hinzman stated that the pond will be reconfigured on the plans prior to construction.
Commissioner Alongi pointed out that condition #18 was worded awkwardly, and that it
seemed that word 'comply' should be replaced with 'company'. He also asked what the
options were for action on the item, as he would prefer the item to be tabled. He also stated
that he would be abstaining from the vote due to living in close proximity to the
development.
Mr. Dwyer stated that he has been told by Tom Montgomery, Public Works Director, that the
City does not want to maintain the proposed sewer system for this development, and that
the City will not install a lift station for 5 homes.
Commissioner Alongi stated that he feels the residents who attended the meeting and
expressed concerns deserve an answer to their question.
Chairman Anderson stated that he feel the Public Works Director should explain the
reasoning to the concerned residents, and acknowledged that the developer is doing what
was asked of him by the City.
Mr. Dwyer clarified that the holding tanks are there as a backup to the pump system. Should
a pump fail, the tank will hold effluent until the pump can be repaired. That is the only time
effluent would be stored in the tanks.
Commissioner Twedt noted that the only change from a year ago is the addition of another
lot. Since the previous plat was approved, this one should be approved as well.
Commissioner Alongi stated that the residents want to know why the Public Works Director
has made this decision, so why not wait until they have their answers.
Commissioner Hollenbeck stated that she would prefer to see a condition added to the
approval that the decision regarding the sewer system will be explained prior to the City
Council meeting and review of this item.
Chairman Anderson feels that the reason for the City's decision should be communicated to
the interested residents in writing.
Planning Commission Action:
Commissioner Twedt moved and Commissioner Hollenbeckcseconded a motion to
recommend approval of the Eastenders Preliminary Plat and Final Plat to the City
Council, with the following conditions:
1) Approval of the rezoning of the property to R-2, Medium Density Residence.
2) All building pads must conform to minimum bluffline setback requirements. Building
Pads on Lots 1 and 2, Block 1 must be relocated to conform to setback requirements.
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3) No structures shall be placed on slopes greater than 18 percent.
4) Structures placed on slopes between 12 and 18 percent must be constructed on
suitable soils to so as to control runoff and not increase erosion.
5) Native species shall be used for tree planting and landscaping at the discretion of the
Planning Director and City Forester.
6) All development activity including grading, tree, and vegetation removal must conform
to Minnesota Executive Order No. 79-19 - Interim Development Regulations for the
Mississippi National River and Recreation Area.
7) A conservation easement must be established along regulate removal of native
vegetation and trees along the bluff line setbacks of all Lots on Block 1 prior to release
of the final plat mylars for recording.
8) The Lot Grading Plan must be revised to include the FEMA Flood Fringe Boundary.
9) A Letter of Map Revision will be necessary prior to issuance of any building permits for
housing pads within Flood Fringe Areas, even though minimum floor elevations for
buildings are above the 100 year flood elevation of 693 feet.
10) Grading and filling activities within the Flood Fringe area will be strictly limited and
subject to permit approval.
11) All areas below the 100 year flood elevation must be delineated as drainage and utility
easement.
12) The stormwater pond on Lot 5, Block 1 must be reconfigured to avoid grading and filling
of delineated wetlands.
13) Pond construction within a wetland area will require DNR, and Army Corps of Engineers
permit.
14) Proposed structure type for each lot must be better detailed.
15) The drainage and utility easement along Lake Way must be increased to 15 feet.
16) The entire length of the forcemain, including portions within the Lake Way public right-
of-way shall be owned and maintained by an association comprised of the owners of
Lots 2-6, Block 1. The City of Hastings shall not be responsible or liable for the
forcemain and related infrastructure.
17) The developer shall provide notice to the homeowner that the city is not liable for
maintenance or monitoring of potential failure of the individual pumps and service lines.
The property owner is strongly encouraged to enter into a monitoring contract with an
alarm services company to avoid sewage backup in case of power outage or failure.
18) Each property shall contract with a certified maintenance repair company to ensure
proper maintenance or repair of the lift station and all piping and safety devices.
19) A storage tank capable of containing a minimum of 1,000 gallons for reserve storage in
case of power or pump failure shall be required. The tank shall be installed in
compliance with Minnesota Rules 7080 and City Code. An alarm system shall be
installed to give audible and visual warning of failure.
20) Individual forcemain pumping stations shall be located on the exterior side of the
building to allow convenient access for repair, replacement, or maintenance.
21) The discharge side of the reserve tank shall be at or above the forcemain inlet elevation
of the street fronting the property to ensure positive drainage to the forcemain.
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22) An additional backwater check valve may be required to be installed in the individual
service line to prevent backflow of sewage from the pump station into the building.
23) An alternative design to provide sanitary sewer service designed by a qualified
registered engineer may be accepted.
24) Lot 6, Block 1 must access Lake Way, not 4th Street.
25) All building setbacks must be listed on the Preliminary Plat.
26) A tree preservation plan consistent with the Tree Preservation Policy must be submitted
for approval by the City Forester prior to grading, and release of the Final Plat mylar for
recording.
27) Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount
of $12,600 ($1,800 x 7 units) prior to the release of Final Plat mylars for recording,
however if the plat is approved after January 1, 2004 the plat shall be subject to new
$2,200 park dedication fee per unit.
28) Sewer interceptor fees in the amount of $2,275 ($325 x 7 units) shall be paid prior to
release of the final plat mylars for recording.
29) Final review and approval of the plat by the Department of Natural Resources relating
to MNRRA Critical Areas, and Shoreland Management.
30) Adherence to Chapter 16, Shoreland Management, and Chapter 13 Floodplain
Regulations.
31) Final review and approval of the grading, drainage, erosion control, and utility plans by
the Public Works Director. The developer shall be responsible for any costs incurred by
the city as a result of consultant review of the plan.
32) 4th Street East shall be improved to City standards including bituminous surfacing and
curbing along the entire extent of the Plat boundary.
33) All disturbed areas on this property shall be stabilized with rooting vegetative cover to
eliminate erosion problems.
34) The disturbed areas of the site shall be maintained to the requirements of the City's
property maintenance ordinance.
35) 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.
36) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
recording of the Final Plat mylars.
37) 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.
38) Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
39) 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.
40) The Public Works Director shall provide further direction on private vs. public systems in serving
the development prior to City Council approval.
Upon vote taken: Ayes: 4, Nays: 1, Truax dissenting, Alongi Abstain. Motion passed.
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Commissioner Alongi stepped out of the meeting at 7:46 p.m.
4. Update on Draft Ordinance Development - Shoreland\Downtown Rezoning
Director Hinzman stated that he had hoped to have some information to share with the
Commission, but unfortunately he hadn't been able to put together the information. He did
say that in January he would be bringing forward ordinances regarding the shoreland areas
and how those regulations apply in the downtown area, as well as rezonings for the
downtown area to bring the area into compliance with the Downtown Master Plan language
that was adopted earlier this year.
Commissioner Alongi returned to the meeting at 7:51 p.m.
5. Cancel Regular Meeting - December 22, 2003
The Commission voted unanimously to cancel the December 22, 2003 meeting.
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Other Business
Director Hinzman thanked Chairman Anderson for his service to the Planning Commission
and to the City of Hastings.
Chairman Anderson thanked his fellow Commissioners and Staff for their hard work on
behalf of the City, and encouraged others to get involved with City Commissions.
Director Hinzman updated the Commission on City Council actions at the Dec. 1, 2003
meeting.
Adjournment
With no further business, the meeting was adjourned at 7:58 p.m.
Respectfully submitted,
Kristine Jenson
Recording Secretary